Loading...
HomeMy WebLinkAboutagenda.council.worksession.20170515 CITY COUNCIL WORK SESSION May 15, 2017 5:00 PM, City Council Chambers MEETING AGENDA I. Aspen's Water Future - work plan and public process update P1 ASPEN CITY COUNCIL WORK SESSION MEMORANDUM TO: Mayor and City Council FROM: Margaret Medellin, Utilities Portfolio Manager THRU: Scott Miller, Director of Public Works; Dave Hornbacher, Director, Utilities and Environmental Initiatives; DATE OF MEMO: May 11, 2017 MEETING DATE: May 15, 2017 RE: Resolution 141, Series 2016 Quarterly Progress Update SUMMARY: On October 10, 2016, Council passed Resolution #141, Series of 2016 directing staff to implement certain water management measures to improve resiliency against future climate change impacts and other system changes while continuing efforts to maintain diligence for two conditional water storage rights on Castle and Maroon Creeks. During today’s work session, staff will provide Council progress updates on the four (4) identified tasks and seek Council feedback to refine this community- based approach to securing Aspen’s water future. BACKGROUND: The City Utilities and Environmental Initiatives Department is responsible for assuring Aspen has a safe, legal and reliable water supply, now and into the future. To this end, the City has developed an integrated water supply. As a part of this integrated water supply, since 1965 the City of Aspen has held and maintained conditional water rights for reservoirs on Maroon and Castle Creeks. Today, the City’s primary source of stored water is snowpack, which varies significantly from year to year. Aspen uses direct flow rights from Maroon and Castle Creeks, which are diverted to the Leonard Thomas Reservoir located at Aspen’s Water Treatment Facility, treated, and then delivered to Aspen customers. The Leonard Thomas Reservoir is an operational reservoir with a capacity of 9 acre-feet, which is less than a day of storage during peak summer use. The Aspen community will face significant challenges maintaining its water supply as we experience changing precipitation and runoff patterns, and possible increased fire, drought, change in runoff timing and lower snowpack levels due to climate change. Storage reservoirs, however, can retain water from season to season and year to year, and can provide water supplies even during times of shortage Without water storage, Aspen’s water supply for households and businesses will be threatened. There will be no meaningful back up if surface supplies are greatly reduced. This is a risk the City considers when making long-range plans. Science confirms that Aspen’s climate is already changing and will continue to do so. Aspen now sees 23 fewer winter days than in the years before 1980. This trend is projected to continue and Aspen’s current water storage – our snowpack - will diminish. In addition, it is of significant concern that the current storage is less than a day’s worth, which means in an emergency, supplies are limited. P2 I. PREVIOUS COUNCIL ACTION: The last Council work session to discuss the Maroon Creek and Castle Creek conditional storage rights was held on March 20, 2017. City staff provided to Council an update on its workplan. Dr. George Oamek, consultant with Headwaters Corporation, was introduced to City Council and discussed the risk analysis that he is conducting for the City on its water supply and demand projections. DISCUSSION: Resolution #141 directed staff to pursue actions in four (4) task areas. A substantial multi-year effort is being undertaken to implement these tasks, and will require concurrent processes: legal proceedings, on-going integrated water system development and operation, refinement of future water demand, collaborative process to identify system needs and potential solutions, and investigation of reservoir resizing and/or relocation. Staff will provide quarterly updates on work progress, and will check-in regularly to update Council on significant work items, decision points and to provide timely information. Monthly reports are prepared to keep Council apprised of progress on the work plan (See Attachment A for the March 2017 Monthly update and Attachment B for the April 2017 Monthly update). The goal of this work session is to update Council on significant work accomplished since the last quarterly update. Following is an update of significant work performed during this Quarter for each of the four (4) Resolution tasks: 1) On-going Integrated Water System Development and Operation Continue development and implementation of the City’s integrated water supply system, including water conservation measures (including, but not limited to, rate revisions and new landscape ordinance), the reuse project, and other current plans for development of water supplies, as well as further refinement of climate change impacts on supply and demand patterns. · Water Conservation Measures o A Water Efficient Landscape Ordinance was presented to Council. First reading was approved on May 8, 2017. Public Hearing is scheduled for May 22, 2017. · Re-use Water System o Carollo and City staff met with CDPHE to discuss the next steps for securing a permit for applying reuse water on the golf course. · Alternative underground storage resources o The potential to use mine tunnels for water storage has been evaluated by Deere and Ault Consultants, Inc. The results of this evaluation are included in the Mine Storage Evaluation Report (Attachment C) and will be presented by Deere and Ault at this Work Session. · Refinement of Future Water Supply and Demand Scenarios o Work with Headwaters Inc. to perform a preliminary review of risks in Aspen’s demand and supply through 2065 is on-going. o COA staff and Headwater’s Corp. staff met with NCAR scientist, Dr. Julie Vano, to discuss a partnership for incorporating best practices for consideration of climate change impacts into supply and demand projections. P3 I. 2) Collaborative Community-Based Process to identify system needs and potential solutions Initiate a collaborative process to evaluate existing and identify new alternatives and any other necessary actions to fill the currently projected and updated anticipated water supply and demand gap · Contracted with Consensus Building Institute (CBI) to perform a convening assessment. The results of this assessment are discussed in the Convening Assessment Report, which was shared with all participants. · Released RFP for Public Outreach effort. This RFP will close on May 30, 2017 and staff anticipate bringing a contract for this work to the June 26, 2017 City Council meeting. The RFP is included as attachment D. 3) Legal Proceedings File and pursue an application for finding of reasonable diligence in the development of the Castle and Maroon Creek conditional water rights on or before October 31, 2016. · Telephone conferences with the water referee and opposers occurred February 9, 2017 and May 9, 2017. · A facilitated meeting was held with 9 of the 10 opposers on March 21, 2017. 4) Investigation of reservoir resizing and/or relocation Enhance and increase the City’s efforts to investigate alternative locations and sizing requirements of the Maroon Creek Reservoir and/or Castle Creek Reservoir, and to report findings back to City Council for further consideration and action as appropriate. · Deere and Ault Consultants have identified in-situ reservoir as a potential method for storing water in the Aspen area. This concept will be presented by Deere and Ault during this work session. COUNCIL DIRECTION REQUESTED: This presentation is intended to be informational and no formal action is requested of Council. ENVIRONMENTAL IMPACTS: The City is committed to reducing its footprint (carbon and water) and fighting climate change, but even with this effort and action the City recognizes that it is best practice to plan for a future that looks very different than today. The City’s efforts to refine its demand and supply projections, along with undertaking a collaborative effort to identify new water infrastructure and management options is necessary to ensure the City’s resiliency. BUDGET IMPACT: Funds to support the work associated with Aspen’s Water Future was included in the recently adopted spring supplemental budget. CITY MANAGER COMMENTS: ATTACHMENTS: Attachment A – Aspen Water Future – March Monthly Report P4 I. Attachment B – Aspen Water Future – April Monthly Report Attachment C – Mine Tunnel Storage Evaluation, Deere and Ault Consultants Inc. Attachment D – Public Outreach RFP P5 I. ASPEN CITY COUNCIL MARCH STATUS REPORT TO: Mayor and City Council FROM: Margaret Medellin, Utilities Portfolio Manager THRU: Scott Miller, Director of Public Works; Dave Hornbacher, Director, Utilities and Environmental Initiatives; DATE OF MEMO: March 24, 2017 RE: Resolution 141, Series 2016 Monthly Progress Update – March 2017 SUMMARY: On October 10, 2016, Council passed Resolution #141, Series of 2016 directing staff to implement certain water management measures to improve resiliency against future climate change impacts and other system changes while continuing efforts to maintain diligence for two conditional water storage rights on Castle and Maroon Creeks. Staff will provide quarterly updates on work progress, and provide monthly status reports to Council. BACKGROUND: The City Utilities and Environmental Initiatives Department is responsible for assuring Aspen has a safe, legal and reliable water supply, now and into the future. To this end, the City has developed an integrated water supply. As a part of this integrated water supply, since 1965 the City of Aspen has held and maintained conditional water rights for reservoirs on Maroon and Castle Creeks. Today, the City’s primary source of stored water is snowpack, which varies significantly from year to year. Aspen uses direct flow rights from Maroon and Castle Creeks, which are diverted to the Leonard Thomas Reservoir located at Aspen’s Water Treatment Facility, treated, and then delivered to Aspen customers. The Leonard Thomas Reservoir is an operational reservoir with a capacity of 9 acre-feet, which is less than a day of storage during peak summer use. Storage reservoirs, however, can retain water from season to season and year to year, and can provide water supplies even during times of shortage. The Aspen community will face significant challenges maintaining its water supply as we experience changing precipitation and runoff patterns, and possible increased fire, drought, change in runoff timing and lower snowpack levels due to climate change. Without water storage, Aspen’s water supply for households and businesses will be threatened. There will be no meaningful back up if surface supplies are greatly reduced. This is a risk the City considers when making long-range plans. Science confirms that Aspen’s climate is already changing and will continue to do so. Aspen now sees 23 fewer winter days than in the years before 1980. This trend is projected to continue and Aspen’s current water storage – our snowpack - will diminish. Resolution #141 directed staff to pursue actions in four (4) task areas. A substantial multi-year effort is being undertaken to implement these tasks, and will require concurrent processes: legal proceedings, on- going integrated water system development and operation, refinement of future water demand, collaborative process to identify system needs and potential solutions, and investigation of reservoir resizing and/or relocation. This monthly report will provide updates on staff’s progress towards meeting these resolution directives. P6 I. KEY ACTIONS SINCE LAST REPORT: Staff has prepared a Work Plan to structure work towards Resolution 141 (2016) goals. Following is an update of items on the Work Plan accomplished since the last status report, dated 1/31/2017. Risk-based analysis of demand and supply variables: Two contracts were entered into on March 6, 2017 with Headwaters Corporation to create tools for incorporating a risk component into Aspen’s water supply and demand projections. Dr. George Oamek visited Aspen to meet with City staff to begin compiling data for the risk tools. Dr. Oamek was introduced to City Council at its March 20, 2017 work session and presented an overview of risk analysis. Dr. Oamek also presented his presentation to the group of opposers to the Maroon and Castle Creek Conditional Storage Water Rights on March 21, 2017. Conservation Efforts: Staff is working with stakeholders to develop a Water Efficient Landscape Ordinance to further encourage efficient use of water in the Aspen service area. Investigation of Groundwater: Staff is working with HRS Engineers determine the augmentation needs of Aspen area wells. Permitting of Reuse System: Staff is working with Carollo Engineers to permit a system that would use wastewater effluent to supplement potable water used for irrigation in the Aspen service area. Develop framework for collaborative process: the services of CBI were contracted to conduct a convening assessment to interview stakeholders about their preference for engaging with the City about its water future. CBI consultants were in Aspen for the week of February 6, 2017 to conduct in-person interviews. A public meeting was held on February 6, 2017. A draft Convening Assessment Report was sent to participants on March 16, 2017 and feedback was requested by March 23, 2017. Alternatives Analysis: Deere and Ault Engineers were contracted to provide a feasibility level analysis of the use of local mine tunnels for water storage. Consultants conducted a tour of local mines on January 26, 2017. Staff have prepared a contract with Deere and Ault Engineers for consideration at the March 27, 2017 City Council meeting to analyze the potential of in-situ reservoirs. Date Past Meetings to discuss Aspen's CSWR Details Document 7/25/2016 Constituent Meeting NexGen Meeting 8/3/2016 Constituent Meeting Stakeholder Meeting 8/4/2016 Constituent Meeting Public Open House 8/18/2016 Constituent Meeting Pitkin County, Healthy Streams and Rivers Board 9/12/2016 City Council Regular Meeting Memo 9/20/2016 City Council Work Session Memo 9/26/2016 City Council Executive Session 9/27/2016 City Council Work Session Memo P7 I. 10/4/2016 Constituent Meeting Marcella Larsen and Bert Myrin 10/5/2016 Councilmember Meeting Bert Myrin discussion about demand assumptions 10/10/2016 City Council Regular Meeting Passed Resolution 141 Memo, Resolution 11/28/2016 Constituent Meeting Meeting with Will Roush 11/28/2016 City Council Regular Meeting 1/31/2017 City Council Work Session Status update Memo 2/6-10/2017 Convening Assessment Interviews draft report 3/6/2017 City Council Regular Meeting Risk Analysis Contracts Memo, Resolution 3/16/2017 Constituent Meeting Pitkin County, Healthy Streams and Rivers Board 3/20/2017 City Council Work Session Risk Analysis discussion 3/20/2017 City Council Executive Session 3/21/2017 Constituent Meeting Status meeting with opposers KEY ACTIONS PLANNED: During the next month, staff anticipate actions in the following areas: Risk-based analysis of demand and supply variables: collection of data, development of risk-based tool, and conversations with the Canary Initiative and climate change experts to identify best models for this analysis. Conservation Efforts: City Council Work Session is scheduled for April 14, 2017 to discuss the proposed Water Efficient Landscape Ordinance to further encourage efficient use of water in the Aspen service area. Develop framework for collaborative process: A final Convening Assessment Report is anticipated in April 2017. Staff will use the results of this Report to develop an RFP for facilitation consultants to assist with the community-based collaborative process. Alternatives Analysis: As a result of the March 21, 2017 meeting with the Opposers Group, a list of supply and storage alternatives proposed by this group is anticipated. These following meetings are anticipated to take place in the near term. Date Upcoming Meetings to discuss Aspen's CSWR Details Document 3/27/2017 City Council Regular Meeting In-situ reservoir contracts Memo, Resolution 5/15/2017 City Council Work Session Quarterly update Memo P8 I. CONTRACTS: Following are contracts associated with this work: Description Summary of Approved contracts Amount Headwaters Corp. demand analysis $45,000 Headwaters Corp. supply analysis $45,000 Deere and Ault mine water storage analysis $15,000 CBI Convening Assessment $23,000 $128,000 Description Summary of contracts Awaiting Approval Amount Deere and Ault in-situ reservoir analysis $53,000 $53,000 SCHEDULE: The Work Plan is divided into four categories: diligence filing, collaboration, technical analysis and operations. This schedule will be updated as work items progress. The following table lists major work items and estimated schedule of each work item. P9 I. Start Date End Date Category Item 10/31/2016 10/31/2016 Diligence Filing File due diligence 12/31/2016 12/31/2016 Diligence Filing Statement of opposition due 2/9/2017 2/9/2017 Diligence Filing Conference Call with Referee 2/21/2017 2/21/2017 Diligence Filing Facilitated meeting with opposers 5/9/2017 5/9/2017 Diligence Filing Conference Call with Referee 1/16/2017 4/7/2017 Collaboration Convening Assessment 5/15/2017 5/15/2017 Collaboration Release RFP for facilitators 6/12/2017 6/12/2017 Collaboration Select Facilitation Team 7/1/2017 7/1/2018 Collaboration Community-based Process 9/29/2017 12/1/2018 Technical Analysis Water Future Plan - based on Collaborative Process 3/6/2017 12/30/2017 Technical Analysis Risk analysis for supply and demand 10/31/2016 4/1/2018 Technical Analysis Develop groundwater strategy 3/27/2017 6/30/2017 Technical Analysis Investigate in-situ reservoir potential 1/27/2017 7/31/2017 Technical Analysis Investigate mine tunnel storage potential 3/6/2017 12/30/2017 Technical Analysis Update climate change models 10/30/2016 4/1/2018 Technical Analysis Optimize Reuse System On-going Operations Conservation Efforts On-going Operations Integrated water system ITEMS FOR DISCUSSION: City Council is asked to provide feedback on this monthly status report and suggest additional information to be shared in subsequent reports. CITY MANAGER COMMENTS: P10 I. ASPEN CITY COUNCIL APRIL STATUS REPORT TO: Mayor and City Council FROM: Margaret Medellin, Utilities Portfolio Manager THRU: Scott Miller, Director of Public Works; Dave Hornbacher, Director, Utilities and Environmental Initiatives; DATE OF MEMO: April 28, 2017 RE: Resolution 141, Series 2016 Monthly Progress Update – April 2017 SUMMARY: On October 10, 2016, Council passed Resolution #141, Series of 2016 directing staff to implement certain water management measures to improve resiliency against future climate change impacts and other system changes while continuing efforts to maintain diligence for two conditional water storage rights on Castle and Maroon Creeks. Staff will provide quarterly updates on work progress, and provide monthly status reports to Council. BACKGROUND: The City Utilities and Environmental Initiatives Department is responsible for assuring Aspen has a safe, legal and reliable water supply, now and into the future. To this end, the City has developed an integrated water supply. As a part of this integrated water supply, since 1965 the City of Aspen has held and maintained conditional water rights for reservoirs on Maroon and Castle Creeks. Today, the City’s primary source of stored water is snowpack, which varies significantly from year to year. Aspen uses direct flow rights from Maroon and Castle Creeks, which are diverted to the Leonard Thomas Reservoir located at Aspen’s Water Treatment Facility, treated, and then delivered to Aspen customers. The Leonard Thomas Reservoir is an operational reservoir with a capacity of 9 acre-feet, which is less than a day of storage during peak summer use. Storage reservoirs, however, can retain water from season to season and year to year, and can provide water supplies even during times of shortage. The Aspen community will face significant challenges maintaining its water supply as we experience changing precipitation and runoff patterns, and possible increased fire, drought, change in runoff timing and lower snowpack levels due to climate change. Without water storage, Aspen’s water supply for households and businesses will be threatened. There will be no meaningful back up if surface supplies are greatly reduced. This is a risk the City considers when making long-range plans. Science confirms that Aspen’s climate is already changing and will continue to do so. Aspen now sees 23 fewer winter days than in the years before 1980. This trend is projected to continue and Aspen’s current water storage – our snowpack - will diminish. Resolution #141 directed staff to pursue actions in four (4) task areas. A substantial multi-year effort is being undertaken to implement these tasks, and will require concurrent processes: legal proceedings, on- going integrated water system development and operation, refinement of future water demand, collaborative process to identify system needs and potential solutions, and investigation of reservoir resizing and/or relocation. This monthly report will provide updates on staff’s progress towards meeting these resolution directives. P11 I. KEY ACTIONS SINCE LAST REPORT: Staff has prepared a Work Plan to structure work towards Resolution 141 (2016) goals. Following is an update of items on the Work Plan accomplished since the last status report, dated 3/24/2017. Risk-based analysis of demand and supply variables: Headwaters Corporation continues its work on developing a risk assessment tool to determine Aspen’s vulnerability associated with its water supply and demand. Conservation Efforts: Aspen’s water supply is most vulnerable from the late summer into fall when vegetation is thirsty and resulting landscape irrigation demands are still high while stream flow from melted snow pack is diminishing. Staff presented a proposed Water Efficient Landscape Ordinance to City Council at its 4/18/2017 Work Session. The ordinance is intended to reduce water demand during this vulnerable time. Investigation of Groundwater: Staff continues its work with HRS Engineers to determine the augmentation needs of Aspen area wells. Permitting of Reuse System: Staff and Carollo Engineers met with Colorado Department of Public Health and Environment (CDPHE) on 4/21/2017 to review Aspen’s plans for a system that would use wastewater effluent to supplement water used for irrigation in the Aspen service area. CDPHE provided guidance and Carollo is proceeding with preparing permit application documents. Develop framework for collaborative process: CBI completed its Convening Assessment and distributed its final report to all participants. Staff is incorporating CBI’s findings in its RFP development. Alternatives Analysis: Deere and Ault Engineers continue their investigation of the use of local mine tunnels and in-situ reservoirs for water storage. Date April Meetings to discuss Aspen's CSWR Details Document 4/6/2017 Constituent Meeting Staff presented Water Topics at ACRA’s breakfast 4/18/2017 City Council Work Session Presentation of proposed landscape ordinance Memo, Ordinance 4/21/2017 Meeting with Regulators Staff met with CDPHE to discuss reuse system KEY ACTIONS PLANNED: During the next month, staff anticipate actions in the following areas: Risk-based analysis of demand and supply variables: collection of data, development of risk-based tool, and conversations with climate change experts to identify best models for this analysis. P12 I. Conservation Efforts: Based on the 4/21/2017 Council Work Session, staff will be presenting the Water Efficient Landscape Ordinance at the 5/8/2017 Regular Council Meeting. Develop framework for collaborative process: Staff is developing a Request for Proposal (RFP) for public outreach services for a robust and transparent community-based collaborative process to discuss Aspen’s water supply. Release of RFP is anticipated in early May. Alternatives Analysis: Continue work on on-going efforts to identify and review alternatives. The following meetings are anticipated to take place in the near term. Date Upcoming Meetings to discuss Aspen's CSWR Details Document 5/9/2017 Water Court – conference call with referee Meeting with opposers to discuss case status 5/15/2017 City Council Work Session Quarterly update Memo CONTRACTS: Following are contracts associated with this work: Description Summary of Approved contracts Amount Headwaters Corp. demand analysis $45,000 Headwaters Corp. supply analysis $45,000 Deere and Ault mine water storage analysis $15,000 CBI Convening Assessment $23,000 Deere and Ault in situ reservoir analysis $53,000 $181,000 SCHEDULE: The Work Plan is divided into four categories: diligence filing, collaboration, technical analysis and operations. This schedule will be updated as work items progress. The following table lists major work items and estimated schedule of each work item. Start Date End Date Category Item 10/31/2016 10/31/2016 Diligence Filing File due diligence 12/31/2016 12/31/2016 Diligence Filing Statement of opposition due 2/9/2017 2/9/2017 Diligence Filing Conference Call with Referee 2/21/2017 2/21/2017 Diligence Filing Facilitated meeting with opposers 5/9/2017 5/9/2017 Diligence Filing Conference Call with Referee 1/16/2017 4/7/2017 Collaboration Convening Assessment 5/3/2017 5/3/2017 Collaboration Release RFP for facilitators P13 I. 6/24/2017 6/24/2017 Collaboration Select Facilitation Team 7/1/2017 2/1/2018 Collaboration Community-based Process 2/1/2018 4/1/2018 Collaboration Present recommendations to City Council 3/6/2017 12/31/2017 Technical Analysis Risk analysis for supply and demand 10/31/2016 12/31/2017 Technical Analysis Develop groundwater strategy 3/27/2017 7/31/2017 Technical Analysis Investigate in-situ reservoir potential 1/27/2017 7/31/2017 Technical Analysis Investigate mine tunnel storage potential 3/6/2017 12/31/2017 Technical Analysis Update climate change models 10/31/2016 4/1/2018 Technical Analysis Optimize Reuse System On-going Operations Conservation Efforts On-going Operations Integrated water system ITEMS FOR DISCUSSION: City Council is asked to provide feedback on this monthly status report and suggest additional information to be shared in subsequent reports. CITY MANAGER COMMENTS: P14 I. 600 S. Airport Road, Building A, Suite 205 Longmont, CO 80503 Phone: 303-651-1468 ● Fax: 303-651-1469 May 11, 2017 Ms. Margaret Medellin, P.E. Utilities Portfolio Manager City of Aspen Utilities 130 South Galena Aspen, Colorado 81611 Re: Mine Storage Evaluation in Aspen, Colorado; D&A Job No. CG-0687.001.00 Dear Ms. Medellin: This letter report describes our evaluation of the potential to store raw water in the Smuggler Mine and Aspen Mountain Mines in Aspen, Colorado. Per your request, we performed a scoping meeting with the City Manager and other planning personnel on January 25, 2017, and then conducted a site visit to the Smuggler Mine and other sites the following day. The approximate extent of the mine workings in the Leadville Limestone is shown on Figure 1 along with our site visit points of interest and locations of potential geothermal wells tapping into the Leadville Limestone. A mine section is presented on Figure 2 showing the extents of the mines in Smuggler Mountain, Aspen Mountain, and beneath the Roaring Fork River Valley. To understand the extent of the mine workings and to further inform the evaluation, we reviewed available geologic and mine information in the vicinity. This document summarizes the data review, the observations made during our site visit, and our analysis on the potential to store water underground mine workings, focusing on the pros and cons. Our conclusion is that the cons generally outweigh the pros, primarily due to problems and/or costs of maintaining dominion and control over water stored in the mine workings. DATA REVIEW We obtained published geologic and topographic data, as well as mining maps and reports available at the Colorado School of Mines. In addition to these documents, we also reviewed the City’s geothermal investigations and water quality data collected by the City from select mines. A list of these references follows below:  Bryant, B., 1971, Geologic Map of the Aspen Quadrangle, Pitkin County, Colorado, U.S. Geological Survey Map GQ-933, Department of the Interior, Scale 1:24,000.  Colorado Division of Water Resources, State Engineer’s Office (SEO), 2013, Well Construction and Test Report for Well Permit No. 50240-MH (Geothermal Test Well), Submitted by Anna Nahlik, Dans’s Water Well & Pump Service to SEO on September 2, 2013. P15 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 2  Rocky Mountain Water Consultants, LLC. (RMWC), 2010, Conceptual Model of Aspen Geothermal Resources, March 2010.  Rocky Mountain Water Consultants, LLC. (RMWC), 2015, City of Aspen Geothermal Test Well Drilling Construction and Geophysical Logging, March 2015.  SGS Accutest, 2016, Technical Report for City of Aspen Mine Sampling, Data Report, Submitted by Scott Heideman to the City of Aspen on November 2, 2016.  Smuggler and Aspen Mountain Mine maps and sections of various dates obtained from the Colorado School of Mines Arthur Lakes Library. These resources, including Volin and Hild have been provided to the City in digital format.  Spurr, J.E., 1898, Geology of the Aspen Mining District, Colorado, U.S. Geological Survey Monograph 31, Department of the Interior, 260 p. plus plates.  U.S. EPA, 2017, National Primary Drinking Water Regulations, Available at https://www.epa.gov/ground-water-and-drinking-water/national-primary-drinking-water- regulations, Accessed on 4/26/2017.  Volin, M.E. and Hild, J.H., 1950, Investigation of Smuggler Lead-Zinc Mine, Aspen, Pitkin County, Colorado, U.S. Bureau of Mines Report of Investigation 4696, Department of the Interior, 47p. GEOLOGIC SETTING The geologic setting in Aspen is complex, but well studied. The outcrop patterns described below are well mapped by Bryant (1971) and by Spurr (1898). Bryant’s map and parts of sections B and C are included as Figure 3. Also shown on Figure 3, are our select points of interest described in the site visit summary and the approximate extent of the mines. The City is located within the Roaring Fork River valley where Hunter Creek, Castle Creek, and Maroon Creek confluence with the Roaring Fork River. The Roaring Fork valley contains thick alluvial deposits (Qal), as well as glacial moraines (Qma, Qmb, Qmc) and glacial outwash terraces (Qga, Qgb). Smuggler Mountain, composed of Precambrian aged granitic rocks (pCq), rises east of Aspen in the Sawatch uplift. Per RMWC (2015), the Sawatch Shear Zone was encountered while drilling the City’s geothermal test well. Sedimentary rocks representing Cambrian through Cretaceous time are intensely folded and faulted up against the Sawatch uplift. The outcropping sedimentary strata on Aspen Mountain, south of the City, represent a tight syncline that plunges to the north (see Section C on Figure 3). Indeed, this structure has resulted in numerous landslides that have affected the City in the past. North of Aspen is Red Mountain, so named because of the red colored sedimentary rocks of the Pennsylvanian/Permian aged Maroon Formation (PPm). Due to the steep northward plunge of the Aspen Syncline, the Paleozoic sedimentary rocks exposed on Aspen Mountain are buried thousands of feet below Red Mountain. The western part of Aspen is underlain by the Castle Creek Fault Zone where vertical to overturned Permian through Cretaceous sedimentary rocks make up the P16 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 3 bedrock. The youngest sedimentary rock in the area is the Mancos Shale (Kmu, Kmf, Kml) cropping out as overturned beds in the Castle Creek Fault Zone and in areas to the west of Maroon Creek. The geothermal conceptual model by RMWC (2010) provides a thorough description of the geologic and mining history in the Aspen area in addition to laying out a conceptual geothermal resources program from the Paleozoic Carbonate Aquifer. This aquifer includes the Mississippian Leadville Limestone (Ml) and the dolomitic Devonian Chafee Formation (Dcd, Dcp). It dips about 55 degrees to the west into the Aspen Syncline, where it becomes confined by thousands of feet of lower permeability sediments of the Pennsylvanian and Permian Gothic (Pg), Belden (Pb), and Maroon (PPm) Formations. During drilling of the City’s geothermal test well, the Sawatch Shear Zone was encountered within the Belden Formation. Because the limestones outcrop in the eastern part of Aspen, this unique structure provides the geometry for the carbonate aquifer to be recharged by precipitation and alluvial groundwater. The seven sites that would be involved in the geothermal resources concept either as pumping wells or injection wells are shown on Figure 1. The Leadville Limestone also hosts the famous silver and zinc sulfide mines in the Aspen Mining District, which includes mines both on Smuggler Mountain and on Aspen Mountain. The approximate extent of the mines shown on Figure 1 is based on Spurr (1898) and several mine plans reviewed from the Colorado School of Mines. A longitudinal section of the mine workings between Smuggler Mountain and Aspen Mountain is shown on Figure 2 along with projections of select points of interest and an estimated potentiometric surface of the groundwater within the Leadville Limestone. The dark hachured areas on the section represent the stopes of mined ore. Note the complexity of the mine workings, stopes and faults on the section. Also, note that the main contact fault runs parallel to and along the entire mine section. The sulfide ore was deposited in the brecciated (or broken) parts of the limestone, primarily occurring along a contact fault between the Leadville Limestone and the overlying shales of the Pennsylvanian Belden (or Weber) Formation. Cross-cutting faults through the limestone also formed breccia. After the limestone was broken by faulting, the intruding mineral-rich hydrothermal fluids deposited the sulfide ore in the voids between the limestone clasts. Depending on the intersection of the various faults, the ore bodies would have different shapes, but generally, they trend along the stratigraphic top of the Leadville Limestone, and within limestone cut by the east-west cross-cutting faults. The ore was accessed by both tunnels and shafts, and employed stope mining methods. A “stope” is an open void within a rock formation from which ore has been extracted. In Aspen’s case, tunnels were driven at different levels and the ore was stoped upward so that ore could be removed via the tunnels below. As a result, the various levels of the mines are complexly interconnected by shafts, tunnels, stopes, and likely exploration bore holes. During mining, much of the waste rock was simply dumped back into the lower levels of the mined-out stopes. Because the rich sulfide ore is located within the Leadville Limestone, the mine workings on Smuggler Mountain are connected to those on Aspen Mountain underneath the Roaring Fork Valley (Figure 2). The deepest workings are about 2,700 feet below Smuggler Mountain. During the early 1900s, when silver mining was near its peak in Aspen, it is reported that 3,250 gallons per minute (gpm) were being pumped from the mine workings beneath the City (Volin and Hild, 1950). P17 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 4 In 1918, a dispute between the two principal miners resulted in shutdown of the pumps and flooding of the mines by groundwater. Since then, the water levels in the mines have risen and are assumed to be in equilibrium. Therefore, this evaluation considers groundwater in the mines to be hydraulically connected to the groundwater in the Roaring Fork alluvial aquifer. SITE VISIT On January 25, 2017, we met with City staff to discuss the study and its potential alternatives of storing water in the Smuggler Mine, in the Aspen Mountain mines. We outlined how mine bulkheads are generally designed and installed as reclamation alternatives in mine adits to back water up in abandoned mines. Bulkheads are essentially cork-shaped reinforced concrete plugs installed in sound quality rock, with ring grouting of the surrounding rock mass. The size of a bulkhead depends on anticipated water pressures that could build up behind it. Often times several bulkheads are used in different adits at various elevations in attempt to maximize the volume of stored water in abandoned mines. We noted that there is no real precedence in Colorado for storing raw water in underground hard rock mines for municipal use. The location and use of some of the City’s water rights were also discussed. We understand the City has a direct flow water right amounting to about three cubic feet per second (cfs) from the Durant Mine portal. Finally, we discussed the recent installation of a geothermal test well for the City, as well as the State Engineer’s Office (SEO) rules requiring augmentation of tributary groundwater. On January 26 we accompanied City staff into the Smuggler Mine to gain an understanding of the conditions of the mine, its stopes, and tunnels. Following the mine tour, we also were shown the locations of the Mollie Gibson Shaft, the Cowenhoven Tunnel alignment, the Salvation Canal, the City’s geothermal test well, Glory Hole Park, the Durant Tunnel portal, and the water treatment plant. These sites are shown as points of interest on Figures 1 and 2 along with the approximate extent of the mines in the Leadville Limestone subject to this evaluation. Smuggler Mine At the Smuggler Mine we toured Tunnel No. 2, the Clark Tunnel, and even accessed Tunnel No. 1 using a large open stope. We observed the rock mass and structure, ore shoots, large open stopes with waste piles in them, and smaller open stopes extending hundreds of vertical feet above the tunnels. A photograph of Tunnel No. 2 is shown below: P18 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 5 Photo 1 – Tunnel No. 2 leading into the Smuggler Mine. Note the character of the limestone breccia on the left. The stopes seem to form a labyrinth of open voids within the mine. Some are a mere three feet wide, but extend for hundreds of feet up and along the fault structures. Others are about 100 feet wide and 100 feet high, partially filled with rock from mining operations. Examples of the types of stopes we observed are shown in the following photographs: Photo 2 – Open stope extending from Tunnel No. 2 down towards Tunnel No. 1. Note ladders for scale. P19 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 6 Photo 3 – A large open stope with an extensive waste pile used to access Tunnel No. 1 during our site visit. Photo 4 – Open stopes supported by timbers extending up hundreds of feet above Tunnel No. 2. Again, note the ladders for scale. P20 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 7 In addition, we observed some of the mineralization within the rock mass. This included barite, realgar, and orpiment. Barite is barium sulfate, realgar and orpiment are arsenic sulfides. Barite is white, realgar is generally red, and orpiment is orange. These are the minerals that can leach barium and arsenic into the groundwater when they are oxidized by water and oxygen. Photographs of these minerals are included on the following page. Photos 5 and 6 – Localized barite mineralization (left) and realgar and orpiment mineralization (right) in the rock mass. When similarly oxidized, other sulfide minerals in the rock mass including galena (lead sulfide) and sphalerite (zinc-iron sulfide) can also leach their heavy metals into the groundwater, and create acidic water conditions as the free sulphur goes into an aqueous solution. Mollie Gibson Shaft, Cowenhoven Tunnel and Salvation Canal We briefly visited the location of the Mollie Gibson Shaft and looked at the area where the Cowenhoven Tunnel is located. We also saw the Salvation Canal roughly where it crosses the Cowenhoven Tunnel alignment. These features are important when considering storing water in the Aspen mines. P21 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 8 The Mollie Gibson Shaft is located below the Tunnel No. 2 access. It is 1,200 feet deep and would need to be completely rehabilitated to access the lower levels of the mines. It apparently leaks groundwater from its collar, suggesting the groundwater level in the mine is higher than the elevation of the top of its collar. As part of the geothermal resources concept, the shaft would be retrofitted to be an injection well for return water from the City’s proposed geothermal resources (RMWC, 2010). The Cowenhoven Tunnel is a roughly 10-foot diameter, approximately three-mile-long drainage and haulage tunnel driven between 1889 and 1892. Its vertical position lies just below Tunnel No. 1 (see Figure 2). We understand that it is collapsed near its portal and that it drains some water into lower Hunter Creek. As shown on Figure 1, the approximate location of the portal is about 1,500 feet from the main mine workings. This is because it was driven through the Gothic and Belden (Weber) Formations. The tunnel would have to be reopened, supported and a bulkhead would have to be installed in it to allow water storage in the Smuggler Mine. The Salvation Canal takes water off the Roaring Fork River, just east of Aspen, and delivers it to irrigated lands on the north side of the valley between Aspen and Woody Creek. Because the canal crosses over the mine workings, it could be a potential source of water to fill a storage vessel in the mines. For example, it could potentially deliver water by gravity into the Mollie Gibson Shaft. This delivery method would only work if water is stored below the level of the canal. Aspen Geothermal Test Well, Glory Hole Park and Durant Portal We also briefly visited the site of the City’s geothermal test well, Glory Hole Park, and the Durant Portal. These are other important features in the City that could affect how potentially stored water is withdrawn from the mine workings. The geothermal test well was installed in July 2013 and is 1,532 feet deep. It encountered 256 feet of alluvium in the Roaring Fork valley, 1,226 feet of Belden shale, and taps into 38 feet of the Leadville Limestone at the bottom. At about 600 feet deep, the well encountered the Sawatch Shear Zone (RMWC, 2015), which produced about 1,000 gpm of water from the well. The water pressure in the limestone was artesian, equilibrating at 16 feet above the ground. Following completion, the artesian flow was measured at 10 gpm from the limestone. The test well is permitted as a monitoring well through a Notice of Intent with the SEO, so it does not have any associated water rights, and cannot be converted to a production well. Nevertheless, a larger well of this type of well would be one way that water could be withdrawn from storage in the Leadville Limestone. Based on its proximity to the Roaring Fork River and the fact that it subcrops below the alluvium, the limestone is in hydraulic connection with the river. Therefore, an approved augmentation plan would be required to pump stored water from the mines. Glory Hole Park is located between Aspen Mountain and the Roaring Fork River. It is so named because during the mining boom a sinkhole opened-up at that location and swallowed a locomotive and two box cars. The locomotive was apparently never removed. P22 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 9 We visited the Durant Portal at the base of Aspen Mountain. Presently about 0.5 cfs of water flows out of the portal, under a large house with a glass floor and into a swale that runs through the City. The City owns about 3 cfs of water rights from the portal. If water could be stored in the mines, this water right would represent another means of withdrawing it from storage. ANALYSIS Our analytical work included an estimate of the volume of water that could be stored in the mines, as well as identification of the pros and cons to storing water in old mine workings. We focused on the potential of the mines to maintain control and dominion over any raw water stored in them, possible geologic hazards, environmental effects, and water quality. Storage Volume Estimate We performed a cursory analysis to estimate the volume of water that could potentially be stored in the Smuggler and Aspen Mines. To do this, we simply measured the approximate dimensions of the mine workings shown on Figure 2 and assumed an average stope width of 10 feet. Considering potential karst voids, waste piles and rock mass storage, we estimate the mines to yield a volume of approximately 1,000 to 2,000 acre-feet if every void was filled, both above and below the water table. By preliminary inspection of Figure 2, approximately one-third of that volume could be stored in the workings above the water table. Pros of Raw Water Storage in the Mines The pros of storing raw water in the mines include the following: 1. Proximity to useful water rights and infrastructure 2. Ability to withdraw water using deep wells during drought conditions 3. Good baseline water quality 4. May reduce the need for above grade storage or other water supply resources The proximity of the Smuggler and Aspen Mountain mines to existing water rights and infrastructure is good. Water could potentially be diverted by the Salvation Canal and gravity fed into the Mollie Gibson Shaft (Figure 1), as long as the water storage was below that level. Additionally, bulkheads could be installed deep within Aspen Mountain to raise water levels and ensure longer term and potentially larger flows from the Durant Portal. Alternatively, a horizontal boring could be drilled into the Durant Tunnel to allow larger flows to be discharged from the mine. These infrastructure concepts could optimize the use of the City’s Durant Mine water right. If water can be stored above the groundwater level, discharges to the Roaring Fork River could be good augmentation sources. Pipelines would be needed to deliver water roughly three miles across town to the water treatment facility. P23 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 10 Assuming water could be stored in the mine workings below the groundwater level, relatively deep wells, or pumping from the 1,200-foot deep Mollie Gibson Shaft, would allow water to be diverted during virtually any drought condition. Although the geothermal well concept would be to circulate the water without consumption, if those pumping wells could be added to an augmentation plan, the water may be able to be used as a domestic supply after its thermal energy has been consumed. Acid mine drainage and mine water quality does not currently appear to be a major problem for the Aspen mines because they exist within a carbonate (limestone) formation, which buffers the production of acidic water. We reviewed some water quality data provided by the City taken from the Durant Mine, the Mocklin Mine, and the Rio Grande Mine. These samples were tested for general water chemistry, including calcium, alkalinity, corrosivity, hardness, total dissolved solids, pH, and temperature. Additionally, inorganic constituents were found including fluoride, sulfate, nitrate, and metals such as arsenic, barium, nickel, sodium and thallium. Uranium was the only radionuclide measured in the waters. The sample from the Rio Grande Mine had some chloroform and trihalomethanes. In general, the waters have neutral pH values, and are representative of hard, alkaline water from a carbonate aquifer. None of the inorganic constituents appear to be above published U.S. EPA maximum contaminant levels (MCLs) for drinking water (EPA, 2017). The concentration of uranium appears closest to the 0.030 milligrams/liter (mg/L) MCL, with values of 0.026 and 0.020 mg/L in the Mocklin and Rio Grande mines, respectively. This baseline water quality could likely be maintained if storage in the mines was limited to that below the groundwater table. Finally, storing water in the underground mine workings may reduce the need for above grade storage or development of other water supply sources, such as new deep wells. Cons of Raw Water Storage in the Mines The cons of storing raw water in the mines include: 1. Maintaining dominion and control of the water 2. Potential for other geologic hazards 3. Low storage volume and high cost infrastructure 4. Augmentation requirements 5. Potentially poor water quality 6. Mine ownership and operation status Maintaining dominion and control over water stored in the mines would be incredibly challenging, if not impossible. Many bulkheads would have to be installed at virtually every level in the mines, and the water could still potentially leak out through the natural faults, shear zones and fracture zones, especially if these features subcrop beneath the alluvial aquifer. Further, because the stopes are aligned with the stratigraphy of the rock, water could bypass bulkheads by flowing through open stopes in higher levels. Water lost to seepage out of the mine would be even more likely if stored above the natural groundwater table, especially upon first filling. In the case of Aspen Mountain, many other tunnels and adits enter more mine workings above Castle Creek. These “back doors” P24 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 11 would likely need to be closed as well. An extensive network of monitoring equipment would likely need to be installed in order to understand how much water is being lost to seepage. Storing water in the mines could also have the potential to cause other geologic hazards, such as shallow groundwater, landslides and land subsidence. These hazards would have an increased likelihood of occurrence if water is stored in the mine workings above the natural groundwater table. Rising groundwater to shallow depths can cause basement flooding, differential settlement of foundations, increase river flooding hazards, and increase the available habitat for mosquitos. Where unstable or over-steepened slopes exist, higher groundwater levels almost always result in additional slope instability. Aspen has plenty of steep slopes with homes built on them and has historically had landslide problems on Aspen Mountain. Storing additional water could easily exacerbate existing landslide hazards and potentially create new ones. Land subsidence is another potential geologic hazard that could result during pumping the water out of the mines. As evidenced by Glory Hole Park, the potential exists for additional sinkholes to open if alluvial or other soil materials inadvertently cave into open mine workings while water is being extracted. Because the host rock is limestone, there is the potential for karst solution cavities and associated sinkhole hazards. There is evidence of paleokarst features in the limestone on Aspen Mountain (RMWC, 2010). Finally, higher water levels would almost certainly result in more widespread damage due to liquefaction during an earthquake. This is because previously dry sediments would be saturated, and then densify during shaking. All these geologic hazards already exist in Aspen, and have differing but relatively low likelihoods of occurrence. Higher groundwater levels would simply increase their likelihood. Although we have not estimated the costs of infrastructure required to store water in the mines, they are likely to be high. Construction costs would include construction dewatering, which historically required around 3,250 gpm of pumping, excavation and disposal of mine waste from the lower levels, installation of bulkheads, rock support and rock mass grouting. The project would also require capital investment into water delivery infrastructure, including diversion structures, pumping wells or pumping stations, pipelines to the water treatment plant and into the upper levels of the mines. Additional water treatment methods may need to be implemented to remove certain metals and other inorganic constituents resulting in higher treatment costs. The risk of losing dominion and control of water pumped into the mines should also be considered a capital cost. In the context of the relatively low storage volume, the unit costs per acre-foot foot of storage are likely to be very high. Another problem with storing water in the mines is that they are likely hydraulically connected to the alluvial aquifer and the Roaring Fork River. Therefore, any pumping required to withdraw water from the mines (even during construction) may require an augmentation plan. Although the limited water quality testing shows that the existing raw water is of decent quality, if water is to be stored above the groundwater table, its presence would leach additional metals out of the oxidized rock and make the water more acidic. Under a storage scenario above the exiting water table, fluctuating water levels in the mine during withdrawal and recharge operations may exacerbate metal leaching and acidification. Because of the difficulties associated with dominion P25 I. Ms. Margaret Medellin, P.E. May 11, 2017 Page 12 and control of water storage in the mine, the potential may exist for metal-laden acid mine drainage to affect alluvial groundwater and/or surface water in Hunter Creek, Castle Creek or the Roaring Fork River. This scenario could have adverse environmental effects to any aquatic life or riparian areas of these streams. The extent of the buffering capacity of the limestone to keep the water neutral during storage operations is unknown. If water levels are raised well above the existing groundwater table, the best practice may be to allow them to equilibrate before drawing them back down. This equilibration would give the limestone more time to buffer the degrading water quality. CONCLUSIONS The potential to store raw water in the Smuggler and Aspen Mountain Mines was evaluated through discussions with the City of Aspen, performing a site inspection, reviewing available data, and performing a cursory analysis focusing on the pros and cons of such a project. Based on our analysis it appears that the cons generally outweigh the pros. In our opinion, the problems with maintaining dominion and control of the City’s raw water, the potential for multiple adverse effects to the City, and high costs associated with mine storage infrastructure make mine storage a high- risk alternative. Please do not hesitate to call if you have any questions or comments. Sincerely, DEERE & AULT CONSULTANTS, INC. Victor G. deWolfe, P.E., P.G. Don W. Deere, P.E. Associate Principal VGD:sp DWD:sp Attachments U:\0687 City Of Aspen\0687.001 Mine Storage Evaluation\Report\Mine Storage Evaluation.Rpt.Docx P26 I. Mine Section(Figure 2) Mine Section(Figure 2) Smuggler Mine Aspen Mountain Mines Herron Park Wagner Park Rio Grande Park Cowenhoven Vent Millionaire Mine RoaringForkRiver SalvationCanal H u n t e r Creek CastleCreekMeroltDitch 8100 8200 8 3 0 0 8400 8 5 0 0 8 6 0 0 8700 8800 8 9 0 090009100 9 2 0 0 9300940095008000960097007 9 0 0 98009 9 0 0 10000101007800 1 0 2 0 0 1 0 3 0 010400 10 50 010600107001 0 8 0 0 1090011000 111009 5 0 0 109008700102009 1 0 0 9 2 0 0 8 1 0 0 9300101008 8 0 0 9 7 0 09900 9 0 0 091008 2 0 0 9800940096008200 8 9 0 0 10000Durant Portal Glory Hole Park Cowenhoven Tunnel Mollie Gibson Shaft Geothermal Test Well Smuggler Tunnel No. 2 Water Treatment Facility C o l o r a d o I n d e x M a pColorado I n d e x M a p AspenPitkin County, Colorado ¥0 2,000 4,000Feet U:\0687 City of Aspen\0687.001 Mine Storage Evaluation\GIS\Mine Eval Fig 1 - Site Plan.mxd Tuesday, May 09, 2017 09:39 AMTopography from USGS DEM, C.I. = 100 feetAerial Image from NAIP (2015) Legend Geothermal Well Sites Points of Interest State Highway 82 Streams and Canals Approximate Extent of Mine Workings Mine Workings Under Roaring Fork Valley ASPEN UTILITIES FIGURE NO. 1JOB NO:SCALE: Mine Storage Site Plan 0687.001.00 1 inch=2,000 feet P27 I. Estimated Potentiometric Surfacein the Leadville Limestone Northeast Southwest Smuggler Mountain Aspen Mountain Roaring Fork Valley Durant Portal Glory Hole ParkCowenhovenTunnel Mollie Gibson Shaft (1200') GeothermalTest Well (1520') SmugglerTunnel No. 2 ASPEN UTILITIES FIGURE NO.2 DATE:SCALE: Smuggler and Aspen Mountain Mine Section MAY 2017 JOB NO. 0687.001.00 U:\0687 City of Aspen\0687.001 Mine Storage Evaluation\GIS\Mine Eval Fig 2 - Mine Section.mxd Monday, May 08, 2017 01:31 PM1 inch=1,000 feetP28I. Section B Section C Qgb ASPEN Durant Portal Glory Hole Park Cowenhoven Tunnel Mollie Gibson Shaft Geothermal Test Well Smuggler Tunnel No. 2 Water Treatment Facility Sources: Esri, USGS, NOAA U:\0687 City of Aspen\0687.001 Mine Storage Evaluation\GIS\Mine Eval Fig 3 - Geologic Map and Sections.mxd Tuesday, May 09, 2017 02:58 PMSection B (Scale 1"=3000') Sect ion C(Scale 1"=3000') ASPEN UTILITIES FIGURE NO.3 DATE:SCALE: Geologic Map and Sections MAY 2017 JOB NO. 0687.001.00µ0 2,000 4,000 Feet Geology from Bryant (1971)Hillshade from USGS DEM 1 inch=2,000 feet Legend Points of Interest Approximate Extent of Mine Workings Mine Workings Under Roaring Fork Valley P29I. Request for Proposals Project Number 2017-063 Public Outreach Services associated with Improving Resiliency of Aspen’s Integrated Water System Due Date: 2 PM, May 30, 2017 130 South Galena Street Aspen, CO 81611 (970)920-5079 www.aspenpitkin.com Rebecca.Hodgson@cityofaspen.com P30 I. City of Aspen Request for Proposals REQUEST FOR PROPOSALS Sealed proposals will be received by the City of Aspen Purchasing Department through the Bidnet Direct website, www.bidnetdirect.com, until 2:00p.m., May 30, 2017, at which time the proposals will be opened and reviewed, for the following City of Aspen project: Public Outreach Services associated with Improving Resiliency of Aspen’s Integrated Water System. The project will include, but is not limited to: professional public outreach services to discuss alternatives for improving Aspen’s water resiliency. The City of Aspen is seeking professional services by a consultant or consultant team (referred to herein as Vendor) to assist in gathering public input and disseminating information about Aspen’s integrated water system. This effort will utilize a Technical Advisory Work Group (TAWG), and will include extensive public outreach and input. Complete proposal packages are available to download or from www.bidnetdirect.com Vendors must be registered to view the bid packages. There is no charge to register. Call 1-800-835-4603 if you need assistance registering. To submit, an electronic copy of the Proposal as a PDF or Word file, must uploaded to the Bidnet Direct website, www.bidnetdirect.com. The file name must include the City’s project number and offeror’s name. The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. Discussion may be conducted with responsible Offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. In addition to price, the criteria set forth in the Instruction to Offerors and any specific criteria listed below, may be considered in judging which Proposal is in the best interests of the City: Related experience; project understanding; overall effectiveness of proposal; and ability to meet timeline. BY ORDER OF THE CITY OF ASPEN, COLORADO Rebecca Hodgson, Purchasing P31 I. City of Aspen Request for Proposals Table of Contents 1.0 Introduction ........................................................................................................................................... 4 1.1 Project Description and Background .................................................................................................. 4 2.0 RFP Process ........................................................................................................................................ 5 2.1 Communication ................................................................................................................................... 5 2.2 Proposal Submission ........................................................................................................................... 5 2.3 Schedule .............................................................................................................................................. 6 2.4 Selection Criteria ................................................................................................................................. 6 3.0 Scope of Work ...................................................................................................................................... 7 4.0 Proposal Format .................................................................................................................................. 8 5.0 Legal ...................................................................................................................................................... 9 6.0 Exhibits ................................................................................................................................................ 10 P32 I. City of Aspen Request for Proposals 1.0 Introduction The purpose of this Request for Proposals (RFP) is to solicit professional public outreach services associated with improving the resiliency of Aspen’s integrated water system. The City of Aspen is seeking professional services by a consultant or consultant team (referred to herein as Vendor) to assist in gathering public input and disseminating information about Aspen’s integrated water system. This effort will utilize a Technical Advisory Work Group (TAWG), and will include extensive public outreach and input. Work associated with this RFP is desired to be completed by February 1, 2018. 1.1 Project Description and Background Aspen’s Water Utility is charged with ensuring the City has a legal, safe and reliable water system to meet all of its customers indoor and outdoor uses, now and in the future. Since 1965, Aspen’s integrated water system has included water rights for reservoirs on Maroon and Castle Creeks. The lack of raw water storage has long been recognized as a system vulnerability. The City of Aspen has a responsibility to identify and mitigate this known risk by implementing a long-term water plan that ensures sufficient water for a reasonable range of possible futures facing Aspen. At this time, reservoirs on Maroon and Castle Creek are identified in Aspen’s long-range planning as necessary system improvements to meet water management requirements. Because these reservoirs would likely have large social and environmental impacts, Aspen City Council would like to explore other alternatives to increase the resiliency of the integrated water system. City Council directed Staff to engage citizens and stakeholders in discussing alternatives for meeting Aspen’s long-range water needs (see Attachment C for Resolution 141 Series of 2016). Aspen retained the services of the Consensus Building Institute (CBI) to engage the community and stakeholders about concerns that they would like to discuss and ways in which they would like to engage with the City. CBI’s report is attached to this RFP as Attachment D. CBI recommended a collaborative process that includes a Technical Advisory Working Group (TAWG) to assist the City in an effective outreach program. In addition, they recommended a robust public process to engage the community. It is noted that CBI recommended a 1-year engagement process for the TAWG. Work associated with this RFP is desired to be completed by February 1, 2018. If it is determined that additional input is required through the collaborative process, then an additional SOW will be developed. In its assessment, CBI recommended that the collaborative process include 1) a Technical Advisory Working Group (TAWG) and 2) a robust, topic-driven public engagement. The Technical Advisory Working Group will consist of stakeholders appointed by the City Council. The role of the TAWG will be to engage with the City in detailed discussions and provide input on technical aspects of the City’s integrated water system. In addition, the City wishes to engage the public through many venues to solicit the community’s concerns about its water future, gather ideas for inclusion in the integrated water system, and educate the public on the issues being studied. It is desired that the public process be designed so that participants can focus on specific issues in an organized and efficient manner. P33 I. City of Aspen Request for Proposals This effort to gather information for the update of the Water Plan will require discussion of the following proposed topics:  Water System Demand This topic focuses on refining the projection of the future water requirements of the community. Input will be needed on specific topics, such as: Population Trends, Conservation, Environmental Considerations, Economic Impacts, Climate Change, Natural Disasters and System Operations  Water Availability and Risk The City will discuss levels of risk as identified by its consultant, Headwaters Corporation. Headwaters Corporation is currently developing a tool using probability distributions to determine the City’s greatest areas of vulnerability. It is anticipated that this tool will be used to discuss risk mitigation with the TAWG and the general public.  Water Supply Alternatives A large outreach effort will be undertaken to collect alternatives for securing Aspen’s water future. Interested parties will be invited to submit ideas. This is an opportunity to think in and out of the box for solutions. Creative, innovative, industry trending and implementable concepts are encouraged.  Alternative Reservoir Locations A large outreach effort will be undertaken to identify alternative locations for the Maroon Creek Reservoir and Castle Creek Reservoir. Interested parties will be invited to submit ideas.  Alternatives Evaluation and Development It is anticipated that the TAWG will provide input on criteria, constraints and weighting factors to use when selecting the best alternative, or group of alternatives, to meet the needed water system improvements identified during the risk analysis. A screening matrix will be developed to determine which alternatives are viable. Viable alternatives will be identified and ranked according to weighted scores. 2.0 RFP Process 2.1 Communication Questions must be posted on the Bidnet Direct website, www.bidnetdirect.com. Answers are posted online for all Offerors to review and consider. It is the Vendor’s responsibility to check the website for Q&As, addendums, and other important information. Vendors may contact Rebecca Hodgson at Rebecca.Hodgson@cityofaspen.com or 970-920- 5079 for questions regarding the procurement process or uploading proposals. 2.2 Proposal Submission Electronic submission is to be uploaded on the Bidnet Direct website, www.bidnetdirect.com. The electronic submission must be compiled into a single pdf or Word document. The name of the document must contain the City project number and firm’s name. The deadline for submitting responses to this RFP is 2:00pm, May 30, 2017. P34 I. City of Aspen Request for Proposals 2.3 Schedule The proposal, evaluation and selection schedule is as follows: Item Milestone Dates Final Questions Due 05/17/2017 Proposals Packages Due by 2:00 PM 05/30/2017 Interviews (if necessary) 06/06/2017 Notification of Selection 06/09/2017 Signed Contract Due 06/16/2017 City Council Approval 06/26/2017 TAWG and public meetings 07/01/2017 – 12/31/2017 City Council Presentation(s) TBD Final Recommendations and next steps 2/01/2018 2.4 Selection Criteria The criteria for selection shall include but may not be limited to the following:  Team Experience: 35%  Team organization  Team experience (public processes)  Team experience (water related experience, especially Colorado municipal water issues)  Project understanding: 25%  Understanding of Project Scope  Sensitivity to local water issues  Local connection and responsiveness, especially for meeting facilitator  Overall effectiveness of process: 25%  Robust engagement strategy  Creative and innovative forms of engagement  Clarity of process design  Communication tools  Ability to meet timeline: 5%  Demonstration of team commitment to project  Ability to provide appropriate resources to meet project timeline  Price: 10% The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Discussion may be conducted with responsible offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. P35 I. City of Aspen Request for Proposals 3.0 Scope of Work The Scope of Work associated with this RFP includes the Public Outreach component desired to solicit input and promote collaboration and transparency as the City develops innovative strategies for increasing the resiliency of its integrated water system. The City of Aspen requires a Vendor to assist in the development of its collaborative process, implementation of the process and development of recommendations. Work Items will include: Task 1: Process Design – Vendor will offer support and expertise in creating a public participation process that will involve the community, interested parties, staff and other technical consultants. The assessment provided by CBI (attached) should be used as a starting point. Task 1 Deliverables:  Help Staff identify important community groups (Rotary, etc.) so Staff and Vendor can do direct outreach with them in the form of a speakers series.  Help Staff identify groups to reach-out to for public process education who may not seek out involvement in the update. When these groups are identified, the Vendor should help Staff provide educational components tailored specifically for these groups.  Work with City Council, staff and project participants to build consensus around best alternatives for improving Aspen’s water resiliency. Task 2: Call to Participate: The Vendor will assist Staff in a “call to participate” to parties interested in collaborating with the City to increase the resiliency of its integrated water system. Generate interest and promote community participation. Develop methods to facilitate the effectiveness of the Technical Advisory Working Group(TAWG). Develop and launch a project website that provides transparency in the process, encourages broad public participation, archives files, and shares project milestones and updates Task 2 Deliverables:  News releases, email alerts, social media and other methods of communication  Facilitate formation of the TAWG  Develop and launch a website for participation, communication and process updates  Implement process for engaging the public Task 3: Meeting Facilitation – Vendor will facilitate TAWG meetings and other meetings as identified during the Process Design. Aspen reserves the ability to select a local facilitator to assist with meeting facilitation. Address in your proposal how a local facilitator could best be integrated into your project team and the associated cost implications. Task 3 Deliverables:  Work with staff to design a structured process to include timelines, meeting agendas and specific outcomes for each meeting.  In-person facilitation of meetings  Development and procurement of materials, exhibits, etc. for meetings  Summary memos for each meeting  Update website and outward communication of TAWG progress P36 I. City of Aspen Request for Proposals Task 4: Communications – Vendor will prepare outreach materials for participants, stakeholders, policy makers and media. Task 4 Deliverables:  Vendor will create formats for public outreach, including design of interactive website and other online formats, invitations to participate, surveys and media alerts.  Creative ideas are encouraged for the engagement of a diverse group of community members and stakeholders.  System for tracking participant responses and participation.  At least three in-person meetings with City Council to present recommendations and findings. Task 5: Public Relations Expertise – Vendor will provide team member(s) with deep experience in advising staff and policy makers on presenting technical information to the public in a relatable manner. It is preferable that this experience include discussion of municipal water topics. Task 5 Deliverables:  Provide input into the process design and implementation  Guide project messaging  On-going support, to include meetings with City staff and policy-makers Task 6: Recommendations and Findings – Vendor will prepare three reports throughout the project Task 5 Deliverables:  Report One: Summary of TAWG Findings and Public Process  Report Two: Summary of Alternatives Analysis  Report Three: Final Recommendation at the end of the project summarizing key issues, items of consensus and policy recommendations. 4.0 Proposal Format All proposals will follow the format as outlined below. Failure to do so may result in disqualification. Section 1 - Introduction Introduce companies and staff to be included as the project team. Include resumes, certifications, awards, and education. Include contact person name, phone number and email address for purposes of this procurement process Section 2 - Qualifications List previous experience of project team members for this specific type of work. List previous experience of project team P37 I. City of Aspen Request for Proposals members with Colorado specific water projects. Section 3 - Proposal Explain proposed Approach and Process to be used to attain the objectives of this request in depth. Include any additional steps or services you would propose to make this a more comprehensive process, or a more useful final deliverable. Deviations from the Scope of Work outlined above are acceptable if they will produce a more effective, innovative, and/or engaging process. Section 4 - Timeline Completion schedule including milestones and deliverable submission dates. Demonstration of team’s commitment to the project and ability to provide resources to meet project timeline. Section 5 – Fee Proposal Outline the estimated total budget based on the proposed scope of services, detailing the budget for each portion of the project, and specifying rates for various individuals and/or entities. Also include the fee schedule for completion of additional services if additional services were to be requested. Section 6 – References Include a minimum of five references that include project name, year work completed, contact name, phone number and email address. 5.0 Legal 5.1 The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. 5.2 Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. 5.3 In order to fully understand the legal parameters of the City’s procurement process and contractual requirements, Respondents must review Exhibit A Instructions for Offerors of Professional Services and Exhibit B Professional Services Agreement. P38 I. City of Aspen Request for Proposals 5.4 By participating in the City’s procurement process, you are agreeing to the terms and conditions of the procurement process and the legal parameters of doing business with the City without change. 6.0 Exhibits The following files are attached for your use and reference as needed to properly respond to the RFP request:  Exhibit A – Instructions to Offerors of Professional Services  Exhibit B – Professional Services Agreement  Exhibit C – City of Aspen Resolution 141, Series of 2016  Exhibit D – CBI Consensus Assessment P39 I. 1 THE CITY OF ASPEN INSTRUCTIONS TO OFFERORS OF PROFESSIONAL SERVICES 1. The City of Aspen has advertised to invite Professionals to submit sealed Proposals as more fully described in the Request for Proposals. The following instructions have been prepared to assist Offerors in the preparation of their Proposals. These instructions may be altered by the City whenever it is deemed necessary in the best interests of the City. 2. The Contract Documents for this project shall consist of the following documents: A. Request for Proposals (Public Notice and Letters to Potential Offerors). B. Instructions to Offerors. C. Addenda, if any. D. Proposal submitted by Offeror. E. Proposal Bond Forms, if any. F. Qualification Form, if any. G. Notice of Award. H. Agreement. I. Scope of Work, if not set forth in the Request for Proposals. J. Notice to Proceed. 3. Information contained in the Contract Documents, as completed during the contract award process, shall be the basis for the Proposals, and nothing shall be deemed to change or supplement this basis except for written revisions to the above documents issued by the City of Aspen. 4. The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the best interest of the City’s. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all Proposals submitted, and to negotiate contract terms with the Successful Offeror, and the right to disregard all nonconforming, nonresponsive or conditional Proposals. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 5. The cost of proposal preparation shall be borne solely by the persons or entities submitting proposals. 6. The following procedures or steps shall be followed after the issuance or publication of Request for Proposals: P40 I. 2 A. Reference is made to the Request for Proposals to determine if a pre-Proposal conference will be scheduled, and if so, where and when. If a pre-Proposal conference is scheduled, attendance at the pre-Proposal conference is mandatory unless prior authorization is given by the City. The costs of attendance at a pre-Proposal conference shall be borne entirely by the Offeror. B. Reference is made to the Request for Proposals to determine how complete Proposal Packages may be obtained. C. Before submitting a Proposal, each Offeror must (a) examine the Contract Documents thoroughly, (b) visit the site, if any, to familiarize her/himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize her/himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect costs, progress or performance of the Work; (d) familiarize her/himself with the unique weather conditions of the City of Aspen and surrounding area that may affect costs, progress or performance of Work; and (e) study and carefully correlate Offeror's observations with the Contract Documents. D. Reference is made to the Request for Proposals for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by the City of Aspen or a consultant in preparing any Drawings or Specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting her/his Proposal each Offeror will, at her/his own expense, make such additional investigations and tests as the Offeror may deem necessary to determine her/his Proposal for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. E. Reference is made to the Request for Proposals to determine the place, date, and time for delivering sealed Proposals for this project. F. Proposals shall be submitted at the time and place indicated in the Request for Proposals and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Offeror and accompanied by the Proposal Security referenced below and other required documents. If the Proposal is sent through the mail or other delivery system the sealed envelope shall be enclosed in a seperate envelope with the notation "PROPOSAL ENCLOSED" on the face thereof. Proposals submitted by P41 I. 3 facsimile machine (FAX) or email shall not be accepted or considered. G. Reference is made to the Request for Proposals to determine if Proposal Security shall be required for this project. If a Proposal Security is required then each proposal must be accompanied by Proposal Security made payable to the City of Aspen, in an amount of five percent (5%) of the maximum Proposal price and in the form of a certified or bank check or a Proposal Bond (on form attached, if a form is prescribed) issued by a Surety. The Proposal Security of the Successful Offeror will be retained until such Offeror has executed the Agreement and furnished the required Payment and Performance Bonds, if any are required by the Supplemental General Conditions, whereupon it will be returned; if the Successful Offeror fails to execute and deliver the Agreement and furnish the require Performance and Payment Bonds, if any are required, within fifteen (15) days of the Notice of Award, the City of Aspen may annul the Notice of Award and the Proposal Security of that Offeror shall be forfeited. The Proposal Security of any Offeror whom the City of Aspen believes to have a chance of receiving the award may be retained by the City of Aspen until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) or the sixty first (61) day after the Proposal opening. Proposal Security of other Offerors will be returned within seven (7) days of the Proposal opening. H. Reference is made to the Request for Proposals for any Proposal Forms that may be required to be completed as part of the Proposal. Proposal Forms, if any are required, must be completed in ink or by a printer/typewriter. The Proposal price must be stated in words and numerals; in case of a conflict, words will take precedence. Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Proposals by partnerships must be executed in the partnership named and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. I. Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the opening of Proposals. If, within twenty four (24) hours after Proposals are opened, any Offeror files a duly signed written notice with the City of Aspen P42 I. 4 and promptly thereafter demonstrates to the reasonable satisfaction of the City of Aspen that there was a material and substantial mistake in the preparation of her/his Proposal, that the Offeror may withdraw her/his Proposal and the Proposal Security will be returned. Thereafter that Offeror shall be disqualified from submitting a Proposal. J. At the place, date and time fixed for opening Proposals, all Proposals received prior to that time shall be opened and reviewed. All Proposals shall remain open for a period of thirty (30) days, but the City may, in its sole discretion, release any Proposal and return the Proposal Security prior to that date. K. The City shall then evaluate each Proposal in the best interests of the City of Aspen. The proposals shall be evaluated to determine which are the most advantageous to the City of Aspen taking into consideration price, the evaluation factors set forth at Section 3-14(f) of the Aspen Municipal Code, and any factors set forth in the Request for Proposals. L. Prior to accepting a Proposal, the City may decide to interview one or more Offerors to negotiate final contract terms for inclusion in the Agreement. M. To demonstrate qualifications to perform the Work, each Offeror must be prepared to submit within five (5) days of a request, financial data, previous experience or evidence of authority to conduct business in the state of Colorado. Notwithstanding any language to the contrary contained in any Request for Proposals, professionals shall not be required to divulge any information they deem to be confidential regarding previous clients, work performed, or cost of said previous work. The request, if any, for financial data is intended solely to help assess the professional’s capacity and qualifications to work for the City. N. Upon determining the successful Offeror, the City of Aspen shall send to the Successful Offeror a Notice of Award notifying the recipient of the City's acceptance of the Offeror's Proposal, subject to the City Manager or City Council approval of the Contract Documents. The Notice of Award shall also forward to the presumptive Successful Offeror three (3) unexecuted copies of the Agreement with instructions to execute and return the same to the City within ten (10) days or risk having their Proposal declared abandoned. If the proposed Agreement shall be for an amount in excess of $25,000.00, the City Council at its next regularly scheduled meeting following receipt by the City of the duly executed copies of the Agreement shall be asked to consider approval of the Agreement and authorize the Mayor of the City of Aspen to execute the same. If the proposed Agreement shall be in an amount equal to P43 I. 5 or less than $25,000.00 the City Manager shall be asked to consider approval of the Agreement by executing the same. O. Upon receipt of all documents required by the Notice of Award and upon approval of the Agreement by the City Council or City Manager, the Successful Offeror shall be sent a Notice to Proceed along with a copy of the Agreement duly executed by the City Manager or Mayor of the City of Aspen. 7. All purchases of supplies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The City of Aspen's State of Colorado tax identification number is 98-04557. The City of Aspen's Federal Tax Identification Number is 84-6000563. 8. There are specific indemnity and insurance requirements which the Successful Offeror must comply with prior to the start of Work for this project. These requirements are set forth in detail in the Agreement. 9. The submission of a Proposal will constitute an incontrovertible representation by the Offeror that he has complied with every requirement of these instructions and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 10. Reference is made to the Request for Proposals for the identity of the City of Aspen's project manager(s) who will coordinate all aspects of the selection process. All questions about the meaning or intent of the Contract Documents shall be submitted to the project manager(s) in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by the project manager(s) as having received a Proposal Package. Questions received less than ten (10) days prior to the date of Proposal openings may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 11.. By submitting an offer or bid, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. instruc3.bid – version 6/07 P44 I. Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT V 2009 PROFESSIONAL SERVICES City of Aspen Project No.: ____________. AGREEMENT made as of _____ day of _____________, in the year _______ BETWEEN the City: Contract Amount: The City of Aspen c/o ________________ 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: _________________________ c/o _______________________ __________________________ __________________________ Phone: ____________________ For the Following Project: ___________________________________________________________ Exhibits appended and made a part of this Agreement: If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: ___________________________ Resolution No.:___________________ Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: $____________ P45 I. Agreement Professional Services Page 1 The City and Professional agree as set forth below. 1. 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 no later than __________________. 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 allowances 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 B 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-Assignability. 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 P46 I. Agreement Professional Services Page 2 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 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, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. 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. 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 P47 I. Agreement Professional Services Page 3 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 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. (i) Workers’ 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 FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' 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 ONE MILLION DOLLARS ($1,000,000.00) 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 contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance 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 ($1,000,000.00) 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) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. P48 I. Agreement Professional Services Page 4 (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. (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 certificate 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 monies 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 P49 I. Agreement Professional Services Page 5 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 may be 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 13-98, pertaining to non-discrimination in employment. 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 Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. “Basic Pilot Program” means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public P50 I. Agreement Professional Services Page 6 Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. “Public Contract for Services” means this Agreement. “Services” means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. P51 I. Agreement Professional Services Page 7 (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 16. Warranties Against Contingent 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, P52 I. Agreement Professional Services Page 8 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. (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 limitations 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. P53 I. Agreement Professional Services Page 9 (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 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 record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approved as to form: _______________________________ City Attorney’s Office P54 I. Agreement Professional Services Page 10 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT P55 I. Agreement Professional Services Page 11 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule P56 I.