HomeMy WebLinkAboutresolution.council.067-24RESOLUTION 400 /
(Series of 2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND LRE WATER, AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
groundwater supply development support between the City of Aspen and LRE
Water a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COT ORADO,
That the City Council of the City of Aspen hereby approves a contract
between the City of Aspen and LRE water a copy of which is annexed hereto and
incorporated herein and does hereby authorize the City Manager to execute said
contract on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 25' day of June, 2024.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, June 25th, 2024.
C
Nicole HNenning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
1A
CITE' OF ASPEN
City of Aspen Contract No.: 2024-264
AGREEMENT made this 16�` day of May, in the year 2024.
BETWEEN the City:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
LRE Water
c/o Justin Korkus
1221 Auraria Parkway
Denver, CO 80204
303455-9589
justin.korkusklrewater.com
For the Following Project:
Contract Amount:
Total: $206,759.50
If this Agreement requires the City to pay
an amount of money in excess of
$1005000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: June 25, 2024
Resolution No.: 2024-067
Cozy Point Ranch Phase III -Groundwater Supply Development Support
Exhibits appended and made a part of this Agreement:
Exhibit A: Proposal including Scope of Work and Fee Schedule.
The City and Professional agree as set forth below.
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l . Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed per the Proposed
Delivery Dates presented in Exhibit A, Section III Cost Estimate. Upon request of the City,
Professional shall submit, for the City's approval, a schedule for the performance of Professional's
services which shall be adjusted as required as the project proceeds, and which shall include allowanc-
es for periods of time required by the City's project engineer for review and approval of submissions
and for approvals of authorities having jurisdiction over the project. This schedule, when approved
by the City, shall not, except for reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non-Assi ng ability. both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub -contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
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use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional. If it is determined by the
final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in
whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City
shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees. Notwithstanding the aforementioned, the City
acknowledges the fact the services to be performed under this Agreement, and specified in Exhibit A,
relate to the improvement and rehabilitation of groundwater wells. As a result, the City agrees to hold
harmless Professional from any damage to the groundwater wells (including any and all costs of
replacement) resulting in the groundwater well becoming inoperable unless such damage is caused
by Professional's gross negligence or willful misconduct.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
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coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insz��ance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($2,000,000.00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) PNofessional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate. This coverage shall not apply to contractors that do not provide
professional services (i.e. drilling contractors).
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
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(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
moni
es es due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CiRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein maybe hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
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Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment -related decision or benefit on account of actual or perceived race,
color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or
familial status.
(b) Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c) Incorporate the foregoing provisions in all subcontracts hereunder.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City
Manager's absence) and if above $100,000, following a Motion or Resolution of the Council of the
City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager's
absence) to execute the same.
16. Warranties Against Continent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
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(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or tations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
19. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
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record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon
or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
22. Attorneys Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's
fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
24. Certification Re arding Debarment, Suspension, Ineli ibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
26. The Professional in performing the Services hereunder must comply with all applicable
provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,
et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by
the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR
1501-11. Services rendered hereunder that use information and communication technology, as the
term is defined in Colorado law, including but not limited to websites, applications, software,
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videos, and electronic documents must also comply with the latest version of Level AA of the Web
Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information
and communication technology used, created, developed, or procured in connection with the
Services hereunder meets these standards, Professional may be required to demonstrate
compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section
above in relation to the Professional's failure to comply with 6§2445401, et seq., C.R.S., or the
Technology Accessibility Standards for Individuals with a Disability as established by the Office
of Information Technology pursuant to Section §24-85-103(2.5).
27. Additional Provisions. In addition to those provisions set forth herein and in the Contract
Documents, the parties hereto agree as follows.
[ ] No additional provisions are adopted.
[X] See attached Exhibit A.
28. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN �O�ORADO:
� o�uS pne y:
AIL
[Signature]
By:
Title:
Sara G. Ott
City Manager
Date: 6/28/2024 � 2:28:32 PM PDT
Approved as to form:
—DocuSipned by:
City Attorneys
vAL:
[Signature]
By: William H. Fronczak, P.E., Esg.
Title: Vice President —Risk Mana eg ment
Date: June 5, 2024
JPW-6/5/2024-M:\city\cityatty\arch\ag 1-981.doc
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R O C K Y M O U N T A I N | M I D W E S T | S O U T H W E S T | T E X A S
1221 Auraria Parkway Denver, CO 80204 | Office: 303 -455 -9589 | LREWATER.COM
May 14, 2024
Mr. Matt Kuhn
Parks and Open Space Director
City of Aspen
130 South Galena St.
Aspen, CO. 81611
970-429-2035
Via email: Matt.Kuhn@aspen.gov
RE: Scope of Work for Cozy Point Ranch Phase III - Groundwater Supply
Development Support
Dear Mr. Kuhn,
LRE Water (LRE) is providing the City of Aspen, Parks and Open Space Department
(Parks) with this scope of work (SOW) for a third phase of work (Phase III) supporting the
development of a groundwater supply at Cozy Point Ranch (Ranch). Phase III will include
the coordination of improvements to and rehabilitation of the wells on the Ranch (Well
No. 1 and Well No. 2), water quality sampling support, and field studies to collect
hydrogeologic data in support of replacement water supply well siting. Our understanding
of the requested scope of services is based on conversations with Parks staff, review of
existing data and reports, and experience with similar projects.
Background
The Ranch has two water supply wells that provide water for Ranch operations and
activities. The wells (Well No. 1, Permit No. 152722; Well No. 2, Permit No. 68020-F) are
located a few hundred feet from one another, are both less than 300 feet in total depth,
and are both completed in the Mancos Shale. However, the water produced from Well
No. 2 is of poor quality, such that treatment of its water may not be feasible, even if
blended with water from Well No. 1. The City is looking to improve the water system at
the Ranch to address aesthetic water quality issues from the two Ranch wells and
evaluate the possibility of drilling a replacement well(s) on the property.
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Exhibit A
Cozy Point Ranch - Phase III Groundwater Supply Development Support
May 14, 2024
Page 2 of 8
During 2023, LRE completed Phases I and II in support of groundwater supply
development for the Ranch, which sought to identify the potential cause of the poor water
quality at Well No. 2 and assess the wells’ physical construction and condition, in an effort
to evaluate possible mitigation measures, including well rehabilitation or replacement. In
the spring of 2023, LRE conducted a hydrogeologic review of publicly available
information regarding the construction of the Ranch wells, geologic maps and studies,
and available water quality data, to better understand potential geologic controls on water
quality, evaluate potential mitigation measures, and recommend next steps (Phase I).
Based on the findings and conclusions of Phase I, LRE recommended a field evaluation
of the two Ranch wells (Phase II) to, 1) collect water quality samples to try to identify
potential zones of undesirable water quality in Well No. 2 and to confirm if Well No. 1 is
partially screened in the alluvial aquifer, 2) to assess the current condition of the
groundwater-supply system, and 3) to develop recommended improvements to the water-
supply system.
In August 2023, LRE and Colorado Water Well (CWW), performed the field evaluation.
LRE collected water quality samples and CWW removed, evaluated, and re-installed the
pumping equipment and completed video logs of the wells to confirm construction details
and assess the two wells’ physical conditions. From the field evaluation performed on the
wells, LRE recommended improvements to both wells for safety and regulatory purposes.
Some of these improvements have been completed by Parks, while others will require
coordination with a Colorado licensed pump contractor. The water quality results from
Phase II were inconclusive and differed from those of samples previously collected by
Parks personnel. These differences could be due to seasonal changes in water quality or
disparate sampling and analytical techniques; therefore, LRE recommended additional
water quality sampling to resolve water quality results and patterns. Finally, because both
wells are in relatively poor condition, LRE recommended field studies that would inform
replacement well siting. The results of Phases I and II provide the basis for the
recommended scope of service for Phase III, provided below.
Approach
LRE’s groundwater team specializes in groundwater development and well condition
evaluations to support decision-making related to well rehabilitation, well repair, or
redrilling of wells. We recommend addressing the immediate concerns related to the
Ranch wells’ physical conditions, while gathering data that can be used for future well
siting purposes. This information will be valuable if Parks decides to replace one or both
Ranch wells or to drill additional wells in the future.
DocuSign Envelope ID: 75B8FC59-6E4B-4921-96F5-DBFCC3527157
Cozy Point Ranch - Phase III Groundwater Supply Development Support
May 14, 2024
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During the field evaluation of the Ranch wells, LRE and CWW identified required
improvements to the wells. Parks has already addressed issues that do not require a
licensed pump installation contractor, and LRE is proposing to subcontract a licensed
pump contractor to complete the remaining improvements.
LRE proposes that the City begin one year of quarterly sampling at Well No. 1 and Well
No. 2 as soon as possible, to track seasonal variability in water quality and clarify patterns
observed in the water quality data collected to date. These data may also help in
determining which well is a better candidate for replacement. LRE will support the City
with this recommendation by collecting samples one time with Parks and then provide
support during future quarterly sampling of the wells for Ranch personnel collecting water
quality samples.
LRE is also proposing to implement an exploratory drilling program to include test hole
drilling, and a test production well and monitoring well drilling and completion program for
further evaluation of the alluvial aquifer in the vicinity of the Ranch. LRE recommends
that a well driller be subcontracted to drill strategically placed test holes and complete a
subset as monitoring wells for aquifer performance testing and for collection of water
quality samples for characterization of water quality in support of future well siting and
water treatment considerations.
I. SCOPE OF SERVICES
TASK 1: WELL IMPROVEMENTS
LRE will coordinate with and subcontract a licensed pump contractor to complete the
recommended improvements to Well No. 1. The proposed improvements at Well No. 1
include:
Breaking out and replacing the concrete well pad at Well No. 1 and welding a steel
casing extension onto the existing steel surface casing to raise the top of the
casing, and the conduit and electrical box.
Removal and replacement of pumping equipment to accommodate steel casing
and surface well pad modifications
Installing a totalizing flow meter to Well No. 1 and replacing both Ranch wells’ caps
with new, water-tight covers
DocuSign Envelope ID: 75B8FC59-6E4B-4921-96F5-DBFCC3527157
Cozy Point Ranch - Phase III Groundwater Supply Development Support
May 14, 2024
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LRE is also proposing to rehabilitate Well No. 2 using a combination of rehabilitation
techniques in an effort to provide temporary improvement of water quality from Well No.
2. Rehabilitation tasks include:
Removal and replacement of the existing pumping equipment
Removal of any material in the bottom of the well then rehabilitate the production
section and casing using a combination of descalers, dry ice, brushing and direct
and reverse airlift development techniques
All water will be containerized on-site and disposed of offsite by All Valley Disposal,
costs for water disposal are included in the estimate.
Assumptions:
LRE will contract with the licensed pump contractor for the work described above
LRE will be on site to inspect the installation of the new well pad, casing extension,
and flow meter at Well No. 1
LRE will oversee well rehabilitation activities for Well No. 2.
Parks will provide access to the wellheads of Well No. 1 and Well No. 2.
TASK 2: WATER QUALITY SAMPLING SUPPORT
Quarterly water quality sampling is proposed to include analytes causing aesthetic (taste
and odor) issues at the two Ranch wells and for determining the potential source aquifers
of the well water (alluvial, bedrock, and/or mixed). This task includes the following:
Development of a sampling and analysis plan
Site visit for (1) water quality sampling event at both Ranch wells with Parks
personnel for training purposes
Technical support of (3) quarterly sampling events led by Parks staff
Contracting with the water quality lab, preparation of the bottles and sample
collection and shipment with Parks personnel
For the three (3) quarterly Parks led sampling events, LRE will contract the lab and
have the sample bottles sent to the Ranch. Parks will be responsible for prepping
the bottles, collecting the water samples, and shipping the samples to the water
quality laboratory. During sampling, LRE staff will be available remotely to Parks
personnel.
Data review and summary of the data for Parks personnel.
DocuSign Envelope ID: 75B8FC59-6E4B-4921-96F5-DBFCC3527157
Cozy Point Ranch - Phase III Groundwater Supply Development Support
May 14, 2024
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Assumptions:
Subcontract laboratory costs will include lab filtration and the following analyses:
alkalinity, total dissolved solids, total organic carbon, hardness, aluminum,
calcium, iron, magnesium, manganese, potassium, sodium, chloride, nitrate,
nitrite, and sulfate.
For Parks-led sampling, Parks will be responsible for shipping samples via
overnight delivery to ACZ laboratories in Steamboat Springs, Colorado
Deliverables will be the analysis results, updated water quality diagrams, and a
summary of the results, provided via email to Parks personnel.
Parks will provide access to Well No. 1 and Well No. 2.
TASK 3: DRILLING PROGRAM PLANNING
LRE will prepare drilling program requirements and a request for proposal to qualified
drilling contractors to solicit cost estimates from up to (3) drilling contractors for
implementation of the field program. LRE will also coordinate all field location activities,
utility locates, and well permitting in preparation for drilling contractor mobilization as well
as continued coordination with Park staff.
TASK 4: DRILLING PROGRAM IMPLEMENTATION
The goal of the proposed field program is to determine if a sustainable, alluvial
groundwater source of water supply can be developed from the area around the Ranch.
The proposed field campaign objectives include:
Characterization of the alluvial geology and hydraulic properties of the aquifer
Evaluation of the sustainable yield of a single well completed in the aquifer
Evaluation of the water quality of the aquifer
Long term monitoring of water levels in the aquifer
We recommend a phased field approach using exploratory drilling, and both test
production well and monitoring well installation, development, and aquifer testing. Upon
completion of the initial investigation, the feasibility of a groundwater sourced water
DocuSign Envelope ID: 75B8FC59-6E4B-4921-96F5-DBFCC3527157
Cozy Point Ranch - Phase III Groundwater Supply Development Support
May 14, 2024
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supply for the project will be characterized and will reduce full-scale system development
uncertainties.
The field program is proposed to include the following activities:
1. Drilling of up to five (5) test boreholes through the entire extent of the
unconsolidated alluvial aquifer to bedrock. Estimated drilling depths are from 50
to 100-ft below ground ssurface.
2. Convert two (2) of the test boreholes to permanent monitoring wells in the
unconsolidated alluvial aquifer for long term water level monitoring and for water
level monitoring during aquifer testing to estimate aquifer hydraulic properties such
as transmissivity (T).
3. Drill and complete an appropriately sized diameter test borehole in the
unconsolidated alluvial aquifer for completion of a 4-inch (nominal) diameter test
water production well to be used for aquifer testing and yield analysis.
4. Perform aquifer testing on the completed alluvial well for aquifer evaluation to
include a 6-hour step rate test and a 24-hour constant rate aquifer test with
monitoring of the aquifer response.
5. Install permanent water level monitoring equipment for seasonal water level
monitoring purposes and future investigation targets.
Assumptions:
LRE has provided budgetary drilling program cost estimates for the scope of work
proposed based on our experience, recent projects we have completed, and our
familiarity with the drilling methods and qualified contractors available for the
project.
Costs for full-time oversight of the drilling program include travel and incidentals
by a LRE hydrogeologist
Laboratory analytical costs have been included for characterization of the water
for potable water screening level purposes to be collected at the end of aquifer
testing
LRE has included a 20% contingency on the budgetary drilling cost estimate
provided
TASK 5: TECHNICAL MEMORANDUM
A technical memo will be prepared and will include a summary of the well repair and
rehabilitation results, water quality results, and results of the test hole and hydrogeologic
DocuSign Envelope ID: 75B8FC59-6E4B-4921-96F5-DBFCC3527157
Cozy Point Ranch - Phase III Groundwater Supply Development Support
May 14, 2024
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investigation program. The investigation program will include the initial conceptual level
feasibility recommendations for full-scale groundwater development, to support a
groundwater sourced, potable water supply system for the Ranch. Deliverables include
a technical memo, delivered via email, and a virtual meeting between LRE and Parks.
Water treatability and treatment design services are not included in the proposed scope
of work.
TASK 6: PROJECT COORDINATION AND MANAGEMENT
LRE has provided a budget to include costs for on-going coordination of the program with
Parks, project management activities including subcontractor management, and for future
conference calls and planning with Parks in support of Phase III.
II. TIME REQUIRED
We can begin the proposed services as soon as we receive a notice to proceed and
execute a contract with the City of Aspen. We anticipate the complete scope of work can
be implemented and completed during the 2024 field season. Delays caused by major
changes in the project plans or by circumstances beyond the control of LRE could extend
the time of completion.
III. Cost Estimate
LRE has developed a budgetary cost estimate for the scope of work proposed herein as
follows:
Client City of Aspen Parks and Open Space
Project Cozy Point Ranch
Project
Total
Task No.Task Name Hours Labor Revenue Expenses Sub Revenue
01 Well Improvements 28.00 $5,052.00 $131.00 $30,196.75 $35,379.75
02 Water Quality Sampling Program 34.00 $5,978.00 $2,265.50 $0.00 $8,243.50
03 Drilling Program Planning 28.00 $4,824.00 $265.50 $0.00 $5,089.50
04 Drilling Program Implementation 110.00 $18,314.00 $7,613.75 $112,875.00 $138,802.75
05 Technical Memorandum 52.00 $9,048.00 $0.00 $0.00 $9,048.00
06 Coordination and Project Management 52.00 $10,196.00 $0.00 $0.00 $10,196.00
Totals 304.00 $53,412.00 $10,275.75 $143,071.75 $206,759.50
Budget Summary
1. Proposed delivery dates:
o Task 1-September 1, 2024
o Task 2-July 31, 2025 (1-year of sampling support with time to receive results and review)
o Task 3-July 31, 2024
o Task 4-October 31, 2024
o Task 5 and 6-December 31, 2024
DocuSign Envelope ID: 75B8FC59-6E4B-4921-96F5-DBFCC3527157
Cozy Point Ranch - Phase III Groundwater Supply Development Support
May 14, 2024
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We look forward to discussing this scope of work with you and if you have any questions
regarding the proposal please call us at 303-455-9589.
Thank you for providing us with the opportunity to present this scope of work to the City
of Aspen, Parks Department. LRE understands that if this proposal is acceptable and
approved by the City, a City of Aspen Standard Form of Agreement for Professional
Services will be entered into with the City of Aspen. Thank you for providing us with the
opportunity to present this proposal to you.
Sincerely,
LRE WATER
Justin Korkus, P.E.
Senior Project Manager
William Fronczak, P.E., Esq.
Vice President - Risk Management
DocuSign Envelope ID: 75B8FC59-6E4B-4921-96F5-DBFCC3527157