HomeMy WebLinkAbout09890ORDINANCE NO. 9890
AN ORDINANCE BUDGETING AND APPROPRIATING $27,000 FROM
THE GENERAL FUND BALANCE TO PROJECT NO. CI2004,
APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF PUEBLO AND PUEBLO COUNTY TO CONDUCT A JOINT
STRATEGIC HOUSING ASSESSMENT, AND APPROVING A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
PUEBLO AND GRUEN GRUEN + ASSOCIATES, LLC IN THE AMOUNT
OF $81,820 WITH $5,180 SET ASIDE FOR CONTINGENCIES TO
CONDUCT A REGIONAL STRATEGIC HOUSING MARKET
ASSESSMENT
WHEREAS, there exists a need for quality affordable housing in the City of Pueblo; and
WHEREAS, there exists a need to conduct a current housing market assessment of the
community; and
WHEREAS, the housing market assessment shall be thorough and serve as a basis for
making strategic and informed decisions affecting the local housing market; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Funds in the amount of $27,000.00 are hereby budgeted and appropriated from the
General Fund to Capital Project No. CI2004.
SECTION 2.
The Strategic Housing Assessment Agreement between the City of Pueblo, a Municipal
Corporation, and Pueblo County, Colorado (“Assessment Agreement”) to conduct a Strategic
Housing Market Assessment and providing funds to study the local housing market conditions, a
copy of which is attached hereto and incorporated herein, having been approved as to form by
the City Attorney, is hereby approved.
SECTION 3.
The Agreement for Professional Services between the City of Pueblo, a Municipal
Corporation, and Gruen Gruen + Associates, a Limited Liability Corporation in the State of Illinois,
(“Agreement for Professional Services”) in the maximum amount of $81,820 to conduct the
strategic housing market assessment, a copy of which is attached hereto and incorporated herein,
having been approved as to form by the City Attorney, is hereby approved.
SECTION 4.
The Mayor is hereby authorized to execute the Assessment Agreement and Agreement
for Professional Services on behalf of the City, and the City Clerk shall affix the Seal of the City
thereto and attest the same.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance to implement the policies and procedures described herein.
SECTION 6.
If any section, paragraph, clause, or provision of this Ordinance shall for any reason be
held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause,
or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 7.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 22, 2021.
Final adoption of Ordinance by City Council on March 8, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on March 10, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 22, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Bryan Gallagher, Director, Housing and Citizen Services
SUBJECT: AN ORDINANCE BUDGETING AND APPROPRIATING $27,000 FROM THE
GENERAL FUND BALANCE TO PROJECT NO. CI2004, APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND
PUEBLO COUNTY TO CONDUCT A JOINT STRATEGIC HOUSING
ASSESSMENT, AND APPROVING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PUEBLO AND GRUEN GRUEN +
ASSOCIATES, LLC IN THE AMOUNT OF $81,820 WITH $5,180 SET ASIDE FOR
CONTINGENCIES TO CONDUCT A REGIONAL STRATEGIC HOUSING
MARKET ASSESSMENT
SUMMARY:
This Ordinance budgets and appropriates $27,000 from the General Fund to cover the additional
expense of conducting a Regional Strategic Housing Market Assessment. The costs for the
additional study area will be reimbursed by Pueblo County through an intergovernmental
agreement and represent the County’s portion of the assessment. The strategic housing
assessment will include the City of Pueblo, Pueblo West, and Pueblo County.
PREVIOUS COUNCIL ACTION:
The City Council has previously budgeted $60,000 for a Strategic Housing Market Assessment
to be conducted within the City of Pueblo.
BACKGROUND:
The Project’s original intent was to assess the existing housing market conditions in the City of
Pueblo and determine what types of housing are needed and how much of each type of housing
is required to meet future need. From there, the City may determine the best course of action to
achieve its goals. Through the Project’s independent market analysis, a certain percentage of
supply and demand will be established, allowing private developers to utilize this research to bring
product to market. Establishing an independent market assessment will assist developers in
obtaining capital.
As the project development progressed, interest to conduct the study regionally developed. To
the extent the Pueblo housing market can be affected by outside competition or resources, it is to
the City’s benefit to expand the market analysis.
FINANCIAL IMPLICATIONS:
This Ordinance budgets and appropriates $27,000 from the General Fund Balance to Project No.
CI2004. Per the terms of the intergovernmental agreement approved by this Ordinance, the
County will reimburse any study costs for areas outside of the City limits.
BOARD/COMMISSION RECOMMENDATION:
There has been no formal Board or Commission action. The Community Commission on Housing
and Homelessness has identified this study as an integral portion of the Commission’s strategic
plan.
STAKEHOLDER PROCESS:
Department of Housing and Citizen Services staff in cooperation with Pueblo Triple Aim, Pueblo
West Metropolitan District Manager’s Office, CHFA Office of Community Relations, and Pueblo
County Department of Human Services staff worked to incorporate study objectives into the RFP
process and evaluation.
ALTERNATIVES:
City Council can choose not to proceed with the Strategic Housing Needs Assessment.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
Attachment 1: Strategic Housing Assessment Agreement between the City of Pueblo and
Pueblo County
Attachment 2: Agreement for Professional Services between the City of Pueblo and Gruen
Gruen + Associates, LLC
Strategic Housing
Assessment Agreement
This Agreement is entered into as of the ' day of f& arc(-1 , 202b ("Effective Date"), by and
between the City of Pueblo, Colorado, a Municipal Corporation ("City"), and Pueblo County,
Colorado ("County"). City and County may each be referred to herein as a"Party" or collectively
as the "Parties."
WHEREAS, C.R.S. § 29-1-203 authorizes governments to cooperate or contract with one another
to provide any function, service, or facility lawfully authorized to each of the cooperating or
contracting entities; and
WHEREAS, the City and County enter into this Agreement setting forth the terms and conditions
under which the Parties will cooperate in providing housing assessment services to the citizens of
Pueblo County; and
WHEREAS, the City and County wish to invest in a local housing assessment to help inform
policies and goals promoting economic development, quality residential growth, and general
improvements, enhancing the quality of life for residents of the region; and
WHEREAS, in coordination with the Community Commission for Housing and Homelessness,
the City and County wish to prepare a strategic housing assessment, examining the types and
amounts of housing available to citizens of the region ("Assessment"); and
WHEREAS, the City solicited proposals for an experienced and qualified consultant to prepare
the Assessment pursuant to Bid No. 20-052 RFP - Housing Consultant for Preparation of the
Strategic Housing Assessment for the City of Pueblo and Surrounding Community ("RFP"),
attached hereto and incorporated herein as Exhibit A; and
WHEREAS, Gruen Gruen + Associates, LLC ("Consultant") presented the lowest and best bid in
response to the RFP ("Response"), attached hereto and incorporated herein as Exhibit B, and has
been awarded the contract by the City to conduct the Assessment, City and County believe
Consultant is capable of completing the Assessment, and such award is agreed to by the County;
and
WHEREAS, City and County have budgeted sufficient funds for the Assessment and are willing
to provide the funds as an investment for housing in the Pueblo County region and the construction
of a comprehensive housing strategy.
NOW THEREFORE, in consideration of the foregoing recitals, and the promises and conditions
set forth below, the parties agree as follows:
1. The purpose of the Assessment is:
a. To develop a community baseline;
b. Determine the housing needs of the community, including those of the City of
Pueblo, Pueblo County, and Pueblo West;
c. Set goals and outcomes to address needed housing; and
d. To develop a framework to implement and monitor the strategies designed to meet
said goals and outcomes, as well as judging the effectiveness of those strategies.
2. City will administer the Assessment and direct Consultant on behalf of both City and
County. Notwithstanding the foregoing, all obligations of Consultant shall run directly to
and be fully enforceable by City and in the name of the City. The City shall designate a
representative of the City who will be authorized to make all necessary decisions required
of the City on behalf of the City in connection with the performance of this Agreement,the
Assessment,and the RFP, including the disbursement of all funds in connection therewith.
In the absence of such a designation, the Mayor shall be deemed the City's authorized
representative.
3. Each Party shall manage its Assessment obligations in accordance with the Consultant's
"Information Request and Revised Schedule," attached hereto and incorporated herein as
Exhibit C, and the timeline stated in the Consultant's "Project Schedule," as included in
the Consultant's agreement with the City. Each Party shall manage its respective funding
source requirements and assist the City in meeting procedural and contractual requirements
to satisfy the program requirements.
4. The Parties shall share all information related to and resulting from the Assessment and
work of Consultant. Each Party shall be responsible for providing all relevant information
to and assisting Consultant to ensure completion of a thorough Assessment, such that the
Assessment will evaluate, plan, and implement both affordable and market rate housing
development in the community. The Parties shall have access to all information each may
hold relating to the Assessment and housing circumstances in the Pueblo County region.
5. City and County are each responsible for obtaining and maintaining their separate
information systems, including their own software licenses, and will not reproduce the
other's software or make same available to third parties except in accordance with the terms
of a license. Nothing herein is intended as, nor shall be construed as, a sale or transfer of
any title, property, or ownership in either Party's data.
6. City and County will confer with Consultant, which will also confer with other community
stakeholders, including but not limited to the Community Coalition for Housing and
Homelessness, state and local health agencies,and public and private agencies that provide
real estate development services, economic development, construction, health, social, and
fair housing services. City and County will share their current experiences and expectations
and may assist Consultant in communicating with the other groups regarding their
respected markets. Consultant will review the responses to determine common themes and
analyze how the groups interact with each other, determining how stimulating a certain
segment of the market will affect other areas. Consultant will then summarize the overall
effects and make recommendations.
7. At a minimum, City has budgeted and appropriated $58,880.00 for the Assessment and the
County has budgeted and appropriated$24,120.00 for the Assessment, for a combined total
of $83,000.00 ("Maximum Amount"). Consultant may at its stated hourly rates, and in
accordance with the RFP, invoice City for services provided up to the Maximum Amount,
plus any approved change orders. Within thirty(30)days of City receiving an invoice from
Consultant, City shall request reimbursement from County for its prorated share of the
invoices received. Should there be funds remaining after completion of the Assessment
and all amounts due are paid, such remaining funds shall be returned to the Parties per the
proportional share of their investment in the Assessment. Notwithstanding the foregoing,
City and County are individually liable for all other costs each may incur from the
Assessment. Each Party will be responsible for the costs incurred by that Party in
accumulating and preparing its information, and neither Party shall be obligated to
accumulate and prepare information on behalf of the other Party. All Assessment data and
results will be shared at no cost to either Party. Except as detailed herein, neither Party
shall have any liability to compensate the other for the delivery of any goods or the
performance of any services under this Agreement.
8. If City determines it necessary to make changes to the Consultant's agreement, including
but not limited to increasing or decreasing the scope of work and associated costs, all
changes to the agreement shall be made by written change order and approved by City and
the Consultant. Changes affecting jurisdictions outside of the City of Pueblo shall be
approved in writing by County prior to authorization of the change by City. County shall
receive copies of all executed change orders, if any.
9. The term of this Agreement shall be for one (1) year commencing on the Effective Date
and ending on the anniversary thereof. Notwithstanding the foregoing, either Party may
terminate this Agreement without cause or penalty upon thirty (30) days prior written
notice to the other Party.
10. The Parties to this Agreement appoint the following representatives for implementation of
this Agreement:
CITY OF PUEBLO COUNTY OF PUEBLO
Bryan Gallagher, Director Tim Hart, Director
Department of Housing and Citizen Pueblo County Department of Human
Services Services
2631 E. 4th Street 215 W. 10th Street
Pueblo, Colorado 81001 Pueblo, Colorado 81003
(719) 553-2849 (719) 583-6000
11. The Parties shall use their best efforts to provide correct information to each other and
Consultant. However, each Party expressly acknowledges and agrees that its use of the
other Party's housing data is at the using Party's sole risk and undertaking and each Party
assumes that risk. All housing information is distributed on an "As Is" basis. The Parties
make no warranties or guarantees, either express or implied, as to the completeness,
accuracy, or correctness of the information, nor accept any liability, arising from any
incorrect, incomplete, or misleading information contained therein. There are no
warranties, either express or implied, of title or merchantability or fitness of such
information for a particular purpose.
12. City and its employees and agents are not entitled to unemployment insurance or workers
compensation benefits through the County and the County shall not pay for or otherwise
provide such coverage for City or any of its agents or employees.County and its employees
and agents are not entitled to unemployment insurance or workers compensation benefits
through the City and the City shall not pay for or otherwise provide such coverage for
County or any of its agents or employees.
13. In the event a Party receives a records request for inspection or copying of housing
information owned and housed by the other Party, it will promptly notify the other Party
of the request and redirect the requester to the appropriate holder of the information. In the
event an action is commenced against a defending Party, seeking the other Party's records,
the defending Party will promptly notify the other Party of same and allow them the
opportunity to defend such action at their own cost and expense. If the other Party does not
timely notify the defending Party that it will step-in and defend any such action, the
defending Party may defend or settle such action on any basis it deems reasonable.
14. Neither Party shall be responsible nor liable for any direct, indirect, incidental,
consequential, punitive, or special damages whether foreseeable or unforeseeable, arising
out of use of the Assessment data or results or inability to use the same,or out of any breach
of any warranty.
15. Nothing in this Agreement is intended, nor should it be construed, to create or extend any
rights, claims or benefits or assume any liability for or on behalf of any third party, or to
waive any immunities or limitations otherwise conferred upon the Parties under or by virtue
of federal or state law, including but not limited to the Colorado Governmental Immunity
Act, C.R.S. §24-10-101, et seq.
16. This Agreement is expressly made subject to the limitations of the Colorado Constitution.
Nothing herein shall constitute,nor be deemed to constitute,the creation of a debt or multi-
year fiscal obligation or an obligation of future appropriations by either Party, contrary to
Article X, §20 of the Colorado Constitution or any other constitutional, statutory or charter
debt limitation. Notwithstanding any other provision of this Agreement, with respect to
any financial obligation of a Party which may arise under this Agreement in any fiscal year,
in the event the budget or other means of appropriations for any such year fails to provide
funds in sufficient amounts to discharge such obligation, such failure shall not constitute a
default by or breach of this Agreement, including any sub-agreement, attachment, schedule
or exhibit thereto, by the City.
17. Nothing in this Agreement is intended to, nor shall be deemed to constitute, a partnership
or joint venture between the Parties,or to create any agency or partner relationship between
the Parties. Neither Party shall hold itself out as a partner, joint venture, agent, or
representative of the other under this Agreement.
18. This Agreement shall be governed by the laws of the State of Colorado. Venue for any
action arising under this Agreement or for the enforcement of this Agreement shall be in a
state court with jurisdiction located in Pueblo County, Colorado.
19. This Agreement shall not be assigned by a Party without the prior written consent of the
other Party,which consent may be granted, denied, or conditioned in the other Party's sole
and absolute discretion.
20. Each person signing this Agreement on behalf of a party represents and warrants that he or
she has the requisite power and authority to enter into, execute, and deliver this Agreement
on behalf of such party and that this Agreement is a valid and legally binding obligation of
such party enforceable against it in accordance with its terms.
21. This Agreement represents the entire agreement between the Parties and supersedes all
prior discussions and written agreements or understandings. This Agreement may be
amended only by an instrument in writing signed by the Parties. If any provision of this
Agreement is held invalid or unenforceable, no other provision shall be affected by such
holding, and all of the remaining provisions of this Agreement shall continue in full force
and effect. This Agreement may be executed in multiple counterparts, each of which shall
be deemed an original, and all of which together constitute one and the same agreement.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF the parties have executed this Agreement as of the Effective Date.
ATTEST: CITY OF PUEBLO,
A MUNICIPAL CORPORATION
13,16(W(IQ By
City Clerk Nicholas A. Gra Isar, Mayor
ATTEST: PUEBLO COUNTY DEPARTMENT OF
HUMAN SERVICES
gBY-
..
County Clerk—& Re ffder Director
PUEBLO C NTYJOLORADO
Co w►ly nwisg
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 844' day of PA A Rt H ,2021,by and between the City of Pueblo,
a Colorado Municipal Corporation(hereinafter referred to as"Client")and Gruen Gruen+Associates LLC(hereinafter referred to
as"Consultant")for Consultant to render professional consulting services for Client with respect to Bid 20-052,RFP—Housing
Consultant for Preparation of Strategic Housing Assessment for the City of Pueblo and Surrounding Community and all related
ancillary services, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the
parties agree as follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES.
(a) Consultant shall satisfactorily perform the professional consulting services for the Project described in more
detail in Schedule 1 attached hereto and incorporated herein by reference(the"Basic Services"). Such services shall include all
usual and customary professional consulting services in connection with its work on the Project.All of the requirements of the
above mentioned Request for Proposal(RFP)are incorporated herein by reference unless any requirement is expressly excluded in
Schedule 1.
(b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants,Consultant
shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors or
subconsultants as it is for services performed directly by Consultant or Consultant's employees.
(c) To the extent Consultant requires access to private property to perform its services hereunder,Consultant shall
be required to make arrangements to obtain such access. However,in the event Client has already secured access for Consultant
to any such property through a right of entry agreement,access agreement,letter of consent or other instrument,Consultant shall
fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to
Consultant upon request.
SECTION 2. CONSULTANT'S RESPONSIBILITIES.
(a) Consultant shall be responsible for the professional quality, technical accuracy, and timely completion of
Consultant's work,including that performed by Consultant's subconsultants and subcontractors,and including reports and other
services,notwithstanding Client's initial acceptance of same.
(b) Consultant shall be responsible, in accordance with applicable law,to Client for all loss or damage to Client
caused by Consultant's negligent act or omission; and Consultant hereby irrevocably waives and excuses Client and Client's
attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an
action,including any such requirements set forth in Section 13-20-602,C.R.S.or similar statute,whether now existing or hereafter
enacted.
(c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work
under this Agreement and shall provide all necessary safety and protective equipment for said employees.
(d) Consultant acknowledges that time is of the essence with respect to the completion of its services under this
Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to accomplish its
work,with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to
time extensions for delays beyond the control of Consultant,Consultant shall adhere to this schedule and perform its work in a
timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project work.
Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays,including those inherent in
the availability of labor and equipment required for the work,the availability of information which must be obtained from any
third parties,and all conditions to access to public and private facilities.
(e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the
Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement,Consultant shall advise Client
in writing that(i)Consultant considers the work beyond the scope of this Agreement,(ii)the reasons that Consultant believes the
out of scope or additional work should be performed,and(iii)a reasonable estimate of the cost of such work. Consultant shall not
proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized
Agreement for 20-052 Page 1 of 19
work shall be negotiated,but in the event the parties fail to negotiate or are unable to agree as to compensation,then Consultant
shall be compensated for its direct costs and professional time at the rates set forth in Schedule 2 attached hereto.
SECTION 3. FEES FOR SERVICES;PAYMENT.
(a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant under
this Agreement,except for services for additional work or work beyond the scope of this Agreement,the maximum sum of U.S.
$81,820.00,computed as set forth in Schedule 2.
(b) Consultant shall submit periodic,but not more frequently than monthly,applications for payment,aggregating
to not more than the maximum amount set forth above,for actual professional services rendered and for reimbursable expenses
incurred. Applications for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set
forth in Schedule 2 attached hereto and shall contain appropriate documentation that such services have been performed and such
expenses incurred. Thereafter, Client shall pay Consultant for the amount of the application within 45 days of the date such
application is received.
(c) No separate or additional payment shall be made for profit,overhead,local telephone expenses,lodging,routine
photocopying,computer time,secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2.
(d) No compensation shall be paid to Consultant for services required and expenditures incurred in correcting
Consultant's mistakes or negligence.
(e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of
Section 2(e).
(f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are
subject to annual appropriation,Consultant acknowledges that funds only in the amount of initial appropriation are available and it
shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES.
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant
information,data and previous reports accessible to Client which Consultant may reasonably require.
(b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed
and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions
with respect to the Project. Said representative shall not,however,have authority to bind Client as to matters of governmental
policy or fiscal policy,nor to contract for additions or obligations exceeding a value which is the lesser of$5,000.00 or 5%of the
maximum contract price.
(c) Client shall examine all documents presented by Consultant,and render decisions pertaining thereto within a
reasonable time. The Client's approval of any reports,documents or other materials or product furnished hereunder shall not in
any way relieve Consultant of responsibility for the professional adequacy of its work.
(d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances
presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any
decision not involving policy decision or significant financial impact, when all information reasonably necessary for Client to
responsibly render a decision has been furnished. A period of 46 days shall be presumed reasonable for Client to act with respect
to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended
where information reasonably required is not within the custody or control of Client but must be procured from others.
SECTION 5.TERM AND TERMINATION
(a) Term. The term of this Agreement begins on the Effective Date and shall terminate upon successful completion
of the Project (as approved by City of Pueblo, Department of Housing and Citizen Services) unless sooner terminated in
accordance with this Agreement.
Agreement for 20-052 Page 2 of 19
(b) Fund Appropriation. This agreement is expressly made subject to the limitations of the Colorado Constitution.
Nothing herein shall constitute,nor be deemed to constitute,the creation of a debt or multi-year fiscal obligation or an obligation
of future appropriations by the City Council of Pueblo, contrary to Article X, §20 of the Colorado Constitution or any other
constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this agreement,with respect to any
financial obligation of City which may arise under this agreement in any fiscal year after the current year,in the event the budget
or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation,such
failure shall not constitute a default by or breach of this agreement. The termination of this Agreement due to lack of funding
shall be without penalty to the City.
(c) Client reserves the right to terminate this Agreement and Consultant's performance hereunder,at any time upon
written notice,either for cause or for convenience. Upon such termination,Consultant and its subcontractors shall cease all work
and stop incurring expenses,and shall promptly deliver to Client all data,reports,plans,calculations,summaries and all other
information,documents,work product and materials as Consultant may have accumulated in performing this Agreement,together
with all finished work and work in progress.
(d) Upon termination of this Agreement for events or reasons not the fault of Consultant,Consultant shall be paid at
the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination;together with any
reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in
mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon termination exceed the
maximum compensation provided for complete performance in Section 3(a).
(e) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by
Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its
employees and consultants,or to perform work according to the highest professional standards,or to perform work in a manner
deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be
limited to the lesser of(a)the reasonable value of completed work to Client or(b)payment at the rates specified in Schedule 2 for
services satisfactorily performed and reimbursable expenses reasonably incurred,prior to date of termination.
(f) Consultant's professional responsibility for its completed work and services shall survive any termination.
SECTION 6. SITE ACCESS.
In the event the Project will require access to property not under the control of Client, Consultant and Consultant's
employees and consultants shall obtain all additional necessary approval and clearances required for access to such property.
Client shall assist Consultant in obtaining access to such property at reasonable times but makes no warranty or representation
whatsoever regarding access to such property. Notwithstanding the foregoing,Consultant understands and agrees that entry to
some property by Consultant may be subject to compliance by Consultant with the terms and conditions of an access agreement in
accordance with section 1(c)of this Agreement.
SECTION 7. USE OF DOCUMENTS.
(a) Data,plans,reports and all other documents prepared or provided by Consultant hereunder shall become the sole
property of Client,subject to applicable federal grant requirements,and Client shall be vested with all rights therein of whatever
kind or nature and however created,whether by common law,statute or equity. Client shall have access at all reasonable times to
inspect and make copies of all notes,plans,reports and all other data or other documents pertaining to the work to be performed
under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except(i)with
advance written consent of Client,which consent may be granted or withheld in Client's sole and absolute discretion,and(ii)in
full compliance with the requirements of this Agreement and applicable federal regulations.
SECTION 8. INSURANCE AND INDEMNITY.
(a) Consultant agrees that it shall procure and will maintain during the term of this Agreement,such insurance as
will protect it from claims under workers'compensation acts,claims for damages because of personal injury including bodily
injury,sickness or disease or death of any of its employees or of any person other than its employees,and from claims or damages
because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for
coverage in such amounts as set forth in subparagraph(b).
Agreement for 20-052 Page 3 of 19
(b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows:
(i) Workers'Compensation Insurance complying with statutory requirements in Colorado and in any other
state or states where the work is performed.The Workers' Compensation Insurance policy shall contain an endorsement
waiving subrogation against the Client.
(ii) Commercial General Liability Insurance. The Consultant shall secure and maintain during the period
of this agreement/contract and for such additional time as work on the project is being performed,Commercial General
Liability Insurance issued to and covering the liability of the contractor with respect to all work performed by him and all
his subcontractors under the agreement/contract,to be written on a comprehensive policy form. This insurance shall be
written in amounts not less than$1,000,000 for each occurrence and aggregate for personal injury including death and
bodily injury and$1,000,000 for each occurrence and aggregate for property damage. This policy of insurance shall
name the City of Pueblo,its agents,officers and employees as additional insureds. This policy shall have all necessary
endorsements to provide coverage without exclusion for explosion and collapse hazards,underground property damage
hazard,blanket contractual coverage,as well as Owner's and Contractor's Protective Liability(OCP)coverage. The
policy shall also provide coverage for contractual liability assumed by Consultant under the provisions of this
Agreement,and"Completed Operations and Projects Liability"coverage.Said Commercial General Liability Insurance
policy shall contain an endorsement waiving subrogation against the Client.
(iii) Professional Liability Insurance with coverage of not less than$1,000,000,and with a deductible of
not more than$25,000.
(iv) Comprehensive Automobile Liability Insurance. The Consultant shall procure and maintain during
the period of the agreement/contract and for such additional time as work on the project is being performed,
Comprehensive Automobile Liability Insurance. This insurance shall be written with limits of liability for and injury to
one person in any single occurrence of not less than$350,000 and for any injury to two or more persons in any single
occurrence of not less than$1,000,000. This insurance shall include uninsured/underinsured motorist coverage and shall
protect the Consultant from any and all claims arising from the use both on and off the site of the project of automobiles,
trucks,tractors,backhoes and similar equipment whether owned, leased,hired or used by Consultant.
(c) Consultant agrees to hold harmless,defend and indemnify Client from and against any liability to third parties,
arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants.
SECTION 9. SUBCONTRACTS.
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a
contractual relationship under this Agreement. To the extent Consultant performs any Project activities through subconsultants or
subcontractors,Consultant shall contractually bind each of its subconsultants and subcontractors by subcontract agreement to all
of the terms of this Agreement which are for the benefit of Client,and Client shall be a third-party beneficiary of those subcontract
provisions.
(b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by
subcontractors of Consultant.
(c) Consultant acknowledges that,due to the nature of the services to be provided under this Agreement,the Client
has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services
performed under this Agreement. Consequently,Consultant represents that it has selected and intends to employ or assign the key
personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to
enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed
change to Client and receiving Client's written consent thereto. Consultant shall not assign or reassign Project work to any person
to whom Client has reasonable objection.
SECTION 10. REQUIRED FEDERAL PROVISIONS.
(a) Consultant understands that Client may be funding the Project in whole or part with funds provided by the
Community Service Block Grant. Consultant agrees it is subject to and shall comply with all applicable provisions of the
Community Opportunities,Accountability,and Training and Educational Services Act of 1998,P.L. 105-285,as amended,(the
"Act")under which the contract award has been made,and applicable regulations.
Agreement for 20-052 Page 4 of 19
(b) Consultant shall comply with all applicable Federal, State,and local laws applicable to its activities.
(c) All records with respect to any matters covered by this Agreement shall be available for inspection by Client,
the State of Colorado,or the U.S.Department of Human Services at any time during normal business hours and as often as Client,
the State of Colorado, or the U.S. Department of Human Services deems necessary to audit, examine and make excerpts or
transcripts of relevant information,and otherwise to perform its official functions or duties.
SECTION 11. MISCELLANEOUS.
(a) Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be
served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given
when personally delivered to the party to whom it is directed,or in lieu of such personal service,when deposited in the United
States mail, first-class postage prepaid, addressed to the Client, Attention: Director of Housing and Citizen Services, City of
Pueblo,2631 E.4`h Street,Pueblo,CO,81001,or to Consultant at Gruen Gruen+Associates LLC,282 Dover Circle,Lake Forest,
IL,60045. Either party may change its address for the purpose of this paragraph by giving written notice of such change to the
other party in the manner provided in this paragraph.
(b) Entire Agreement. This instrument contains the entire agreement between Consultant and Client respecting the
Project,and any other written or oral agreement or representation respecting the Project or the duties of either Client or Consultant
in relation thereto not expressly set forth in this instrument and its attachments is null and void.In the case of any conflict between
the terms of this Agreement for Professional Services and the terms of Schedule 1 or any other attachment hereto,the terms of this
Agreement shall govern.
(c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their successors and
assigns;provided,however,neither this Agreement,nor any part thereof, nor any moneys due or to become due hereunder to
Consultant may be assigned by it without the written consent of Client, which consent may be withheld in Client's sole and
absolute discretion. Any assignment or attempted assignment in violation of this subsection shall be void.
(d) Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by written
amendment signed by an authorized representative of Consultant and by Client in accordance with the requirements of Section
4(b)of this Agreement or upon authorization of Client's governing board.
(e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of
Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of
competent jurisdiction located in Pueblo,Colorado.
(f) Equal Employment Opportunity. In connection with the performance of this Agreement,neither Consultant nor
its consultants shall discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual
orientation, national origin, disability, gender orientation or age. Consultant shall endeavor to ensure that its employees are
treated during employment without regard to their race,color,religion,sex,sexual orientation,national origin,disability,gender
orientation or age.
(g) Severability. If any provision of this Agreement,except for Section 2,is determined to be directly contrary to
and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be
deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this
Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any
federal grant,then this entire Agreement shall be void.
SECTION 12. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK
(a) At or prior to the time for execution of this Agreement(which may be referred to in this section as this
"Contract"),Consultant(which may be referred to in this section as"Contractor")shall submit to the Purchasing Agent of
City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this
Contract and that the Contractor will participate in either the"E-Verify Program"created in Public Law 208, 104`h Congress,
as amended and expanded in Public Law 156, 108`h Congress,as amended,that is administered by the United States
Department of Homeland Security,or the"Department Program" established pursuant to §8-17.5-102(5)(c)C.R.S.that is
administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under this Contract.
Agreement for 20-052 Page 5 of 19
(b) Contractor shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under this contract;
(II) Enter into a contract with a subconsultant that fails to certify to Contractor that the subconsultant shall
not knowingly employ or contract with an illegal alien to perform work under this Contract.
(c) The following state-imposed requirements apply to this contract:
(I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired
for employment to perform work under this Contract through participation in either the E-Verify Program or Department
Program.
(II) The Contractor is prohibited from using either the E-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this Contract is being performed.
(III) If the Contractor obtains actual knowledge that a subcontractor or subconsultant performing work
under this Contract knowingly employs or contracts with an illegal alien,the Contractor shall be required to:
A. Notify the subconsultant and the Client's Purchasing Agent within three (3)days that the
Contractor has actual knowledge that the subcontractor/subconsultant is employing or contracting with an
illegal alien;and
B. Terminate the subcontract with the subcontractor/subconsultant if within three(3)days of
receiving the notice required pursuant to subparagraph(c)(III)A.above the subcontractor/subconsultant does
not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the
contract with the subcontractor/subconsultant if, during such three(3)days,the subcontractor/subconsultant
provides information to establish that the subcontractor/subconsultant has not knowingly employed or
contracted with an illegal alien.
(IV) The Contractor is required to comply with any reasonable request by the Colorado Department of
Labor and Employment (hereinafter referred to as "CDLE") made in the course of an investigation that CDLE is
undertaking pursuant to its authority under§8-17.5-102(5),C.R.S.
(d) Violation of this Section 12 by the Contractor shall constitute a breach of contract and grounds for termination.
In the event of such termination, the Contractor shall be liable for Client's actual and consequential damages.
(e) As used in this Section 12, the terms"subcontractor" and"subconsultant" shall mean any subconsultant or
subcontractor of Consultant rendering services within the scope of this Agreement.
SECTION 13. ADDITIONAL AGREEMENT REQUIREMENTS
(a) Procurement of Recovered Materials under Federal Award
(I) The Consultant must comply with Section 6002 of the Solid Waste Disposal Act,as amended
by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring items
designated in the guidelines of the Environmental Protection Agency(EPA)at 40 CFR Part 247 that contain the
highest percentage of recovered materials practicable.
(II) The Consultant will maximize the use of recycled materials to the extent financially feasible,
based on the following factors: minimizes environmental burden, reduces site pollution, life cycle cost, and
extreme ecological impacts.
(III) The Consultant shall certify the type and percentage of recycled materials delivered and/or
installed under contract.
Agreement for 20-052 Page 6 of 19
(b) Contract Award Responsibilities
(I) The Client must award Federal funded awards to responsible contractors possessing the ability
to perform successfully under the terms and conditions of a proposed procurement. Consideration is given to
Consultant integrity, compliance with public policies, records of past performance, financial and technical
resources.
(II) The Client and Consultant must adhere to the non-procurement debarment and suspension
regulations implemented by Executive Orders 12549 and 12689, 2 CFR Part 180. These regulations restrict
awards,subawards,and contracts with certain parties that are debarred,suspended,or otherwise excluded from
or ineligible for participation in Federal assistance programs or activities.Awards cannot be given to any entity
listed as debarred or suspended on the U.S.Government's System for Award Management(SAM)website.The
Consultant is responsible for listing their entity with SAM.GOV and the Client is responsible for verification that
an awarding entity is listed on the SAM.GOV database and that the entity is not debarred or suspended by the
Federal Government.
SECTION 14. PERA LIABILITY
Consultant shall reimburse the City for the full amount of any employer contribution required to be paid by the City of
Pueblo to the Public Employees' Retirement Association ("PERA") for salary or other compensation paid to a PERA retiree
performing contracted services for the City under this Agreement.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first above
written.
CITY OF PUEBLO,A MUNICIPAL CORPORATION GRUEN GRUEN+ASSOCIATES LLC
By (e4114‘1449(141111%
By: C. �CJ"V N. /�r�
tcholas A. Gra tsar, Mayor Aaron N. Gruen
Title: Principal/Managing Member
Oiv814:410
Atte4UX)Cl
City Clerk
[ SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
(6/A.Director of Fnance
APPROVED AS TO FORM:
ri 4 City Attorney
Agreement for 20-052 Page 7 of 19
SCHEDULE 1
Part A
SCOPE OF WORK
REQUIREMENTS
1.1 Project Tasks
1.1.1 Preparation,organization,writing,and submission of professionally detailed comprehensive plan to:
• Define challenges to affordable housing and housing development
• Build community awareness and define the community's goals toward affordable housing and housing
development
• Assess the communities current market profile and compare the profile with a healthy or balanced market
profile:
o Population/Demographics/Projections
o Economic Demographics
o Housing Cost/Wages comparison/Live-Work comparison of commuters out/in
o Utility Cost Comparative
o School District needs/Library District needs
o Broadband Capacity and Need
o Land Use Capacity and Infrastructure needs/costs to expand
• Assess what surrounding communities are doing to meet similar challenges
• Assess the current market/economic conditions
• Access the current housing conditions
• Define current unmet needs and establish an estimate of short and mid-term needs
• Explore the community's vacant properties: quantity,condition,area concentration,and strategies to bring
the housing online
• Identify vacant tracts of land with the least burden to develop
• Review efficiency of existing institutional processes
• Review the effects of current codes and policies on housing development
• Provide incentives for private investment
• Review incentives other communities are using and determine the effectiveness of such incentives in our
communities
• Assessment of housing trends as compared with the traditional single-family home from a buyer's
perspective from various socio-economic sectors
• Development of a housing strategy to meet the communities needs and goals
• Design a framework to monitor the housing market,track progress,and identify factors on key indicators
signaling strategic adjustments
1.1.2 Synthesize all necessary information to write all sections of the study including but not limited to executive
summary,background program information,consultation process,needs assessment,market analysis,strategic plan,and
implementation plan.
1.1.3 Consultation with public and private agencies as above in Section 2.1. The Consultant shall include the various
governmental bodies based on the scope of the study selected.
1.1.4 Assist in conducting a Housing Market Analysis as outlined in 24 CFR 91.210 such that it will provide a clear
picture of the environment in which the City must administer its programs over the course of the Consolidated Plan. In
Agreement for 20-052 Page 8 of 19
conjunction with the Needs Assessment,the Housing Market Analysis will provide the basis for the Strategic Plan and the
programs/projects to be administered. The Housing Market Analysis template is based on the regulations and includes the
following sections:
• General Characteristics of the Housing Market
• Lead-based Paint Hazards
• Public and Assisted Housing
• Independent Senior Housing
• Assisted Housing/Senior Assisted Housing
• Facilities, Housing,and Services for Homeless Persons
• Special Needs Facilities and Services(i.e.,Assisted Care Facilities and groups)
• Barriers to Affordable Housing
1.1.5 Assist in developing a comprehensive framework to implement and monitor the Strategic Plan that addresses the
priority needs of the City and describes strategies that the City should undertake to serve the priority needs. The Strategic
Plan section of the template includes the following:
• Overview
• Geographic Priorities
• Priority Needs
• Influence of Market Conditions
• Anticipated Resources
• Institutional Delivery Structure
• Goals
• Barriers to Affordable Housing and the local housing market
• Monitoring Mechanisms
1.1.6 Prepare and present the Strategic Housing Assessment including applicable graphics,maps,community information
handouts, and photographs to the public for comment and to the governing body for their comment and approval. The
documents must be thorough,complete,and contain a uniform format/structure.
1.1.7 Summarize recommendations of the Strategic Housing Assessment into a reader-friendly Executive Summary using
graphs,tables,pictures,and charts.
1.1.8 Prepare of the Final Strategic Housing Assessment with all required deliverables.
1.2 Report Details
1.2.1 The Executive Summary serves as an introduction and summarizes the key points of the plan.Consultant shall write
the report clearly so that all readers will understand it without having to read the rest of the plan.For the Strategic Housing
Assessment,a good Executive Summary will describe the process of developing the plan,the key findings of the Needs
Assessment as the basis for the priorities selected,and how the proposed goals and objectives will address those priorities.
This Executive Summary is comprised of:
• Introduction
• Summary of objectives and outcomes
• Evaluation of past performance
Agreement for 20-052 Page 9 of 19
• Summary of the Citizen Participation and the Consultation Process
• Summary of public comments
• Summary of comments not accepted,needs assessment data collection,a housing market analysis
(§91.210)including associated charts and narratives.
1.2.2 Consultant shall provide the City,County,and Pueblo West communities with USB flash drive copies and three(3)
original unbound color copies of the Draft Strategic Housing Assessment for each community. Consultant shall include an
Executive Summary(2.3.1 above),shall incorporate the background information,and include additional report content as
requested.
1.2.3 Consultant shall provide City, County, and Pueblo West communities with USB flash drive copies and three(3)
original unbound color copies of the Final Strategic Housing Assessment for each community. Consultant shall include an
Executive Summary(2.3.1 above), revise any sections as requested after the Draft review, incorporate the background
information,and include additional report content as requested.
Agreement for 20-052 Page 10 of 19
SCHEDULE 1
Part B
SCOPE OF WORK
METHODS OF ACHIEVEMENT
1. PROJECT START-UP
1.1. Kick-off Meeting: We would like to begin the project with a kick-off meeting to confirm the
goals and objectives of the assessment, the resources available, the City's intent to solicit public input as
part of the process, and specific decisions that may be made based upon the strategic plan. We envision
using the kick-off meeting to discuss and confirm the composition of a steering or advisory committee.
GG+A team members also anticipate virtually touring with staff the housing neighborhoods of most
concern and examples of recent housing developments within the City. We would also like to identify
how best to arrange interviews with knowledgeable residential builders/developers, property owners,
brokers, lenders and other housing market participants active in Pueblo, including representatives of the
Pueblo Housing Authority and Community Coalition for Housing and Homelessness. At an initial
meeting, we also intend to discuss initial hypotheses about key housing needs and challenges facing the
community and identify a timeline for subsequent advisory committee workshops and other key
presentations.
1.2. Review Relevant Documents and Data Sources: We will obtain and review previously
prepared studies and plans which characterize or asses the community's housing stock and economic
base, including housing and economic development elements of the prior Pueblo Regional
Comprehensive Plan, neighborhood plans, Downtown development strategy, existing housing surveys,
and other population and economic studies prepared by the City, County and Pueblo Area Council of
Governments. We will develop a summary of findings and themes suggested by these documents.
GG+A will also coordinate with the City to identify and assemble pertinent Geographic Information
System (GIS) data layers and to tabulate property level data (such as age and condition of housing,
building permit/construction activity, sales transfers, valuation trends, etc.) that may be available from
the Pueblo County Assessor or other local departments/agencies.
2. BASELINE HOUSING CONDITIONS, TRENDS,AND PRIMARY RESEARCH
2.1. Develop Survey Instruments: GG+A will design electronic survey instruments to solicit
insight, information, and feedback from area workers and their employers, household residents, and
local non-profit housing organizations. GG+A frequently uses SurveyMonkey to complete electronic
survey efforts. We would anticipate City staff assistance with distribution of the survey(via City
website, utility bill mailers, etc.) and to garner participation. We envision designing and distributing two
(2) surveys—one targeted to community residents and another targeted to area employers and their
workforce. A survey of resident households will elicit information about current housing patterns,
housing costs and preferences that would be cross tabulated by geographic area within the community
and by demographic and other household characteristics. The employer survey will inform the
assessment of workforce housing needs with specific topics such as: relationships between wages and
housing costs; current living arrangements of workers and their housing preferences; employer's
expectations about labor needs in the future and how the housing market may influence location and
expansion decisions.
2.2. Housing Market and Agency Interviews: GG+A will conduct a series of one-on-one
Agreement for 20-052 Page 11 of 19
interviews with local residential brokers, developers, builders, property owners, lenders, large
employers, municipal representatives (i.e. code enforcement) and other knowledgeable individuals. We
expect the City will help to identify and arrange these interviews. The interviews will be directed
towards identifying:
• relevant geographic market areas for housing;
• past and present patterns of housing investment and economic change;
• housing development costs and financing parameters;
• the demographic make-up, geographic origins, and motivations of buyers and renters;
• the type, sizes and features of units for which demand appears to be the strongest and weakest; and
• factors and policies that discourage or encourage the development of market-rate and affordable
housing within the community.
The market participant interviews will also provide a mechanism for developing potential consensus
strategies and tools to address housing deficiencies that are perceived to exist in the local market.
Additional outreach will be conducted with agencies such as the Colorado Housing Finance Authority
(CHFA)to gain outside perspective and advice on affordable housing challenges, constraints, and
potential solutions and strategies.
2.3. Economic Base and Labor Force Trends: GG+A will gather and analyze time-series
employment data by industry sector for the City and County to document the current composition of the
economic base and to identify growing, stable, and contracting industries. The research and analysis
will also characterize the key economic development assets within the community and broader region
and will address current and historic labor force conditions within the relevant geographic area which
bear on housing needs, including occupational characteristics, commuting patterns, and unemployment
conditions.
2.4. Patterns of Demographic and Housing Stock Change: Utilizing available Census data(2010
Census and American Community Survey), GG+A will document and describe how housing conditions,
inventory, and needs have changed over the prior decade. Historical patterns of growth, demographic
change, and housing stock conditions will be drawn upon to characterize important trends related to:
• the age composition of the population;
• the characteristics of households (e.g., size, family status, income);
• housing inventory and composition; and
• housing cost and affordability(e.g., burden rates).
We will evaluate relationships between household type by age of household, household size, household
income, and tenure patterns to estimate owner-occupant for-sale housing versus rental housing needs.
We will compare existing housing distribution to range and types of housing need. We will estimate the
current distribution of household income to the extent available utilizing American Community Survey
data and then compare this distribution to the availability of housing units by price range, based on
analysis of Census data and MLS data. This process will result in an identification of existing
deficiencies in housing supply relative to need by price range or affordability level.
Specific considerations related to special needs populations will also be documented. To identify
replacement needs, we will use Census data, local community and County Assessor records, and
interviews with your building department to identify the amount and proportion of existing stock that
has been removed annually over the last 10 or more years. Based on this information and a statistical
Agreement for 20-052 Page 12 of 19
analysis of the age and condition of existing housing stock, we will project the amount of new housing
that could be needed to replace obsolete or unsuitable housing during the next 10 years.
2.5. Identify Growth Capacity: GG+A will coordinate with City and County staff to identify the
potential future supply of multi-family and single-family units (either planned, approved, or under
construction) within the community and immediately surrounding areas and jurisdictions. We will
describe the anticipated characteristics of proposed projects and the locational strengths or weaknesses
of future lands anticipated to be entitled and developed for housing uses. The assessment will also
consider other factors and conditions (e.g., presence of infrastructure, environmental constraints) to
characterize the supply of potentially developable land for housing uses and the relative
suitability/desirability of potential sites.
2.6. Baseline Conditions and Trends Workshop: An advisory committee workshop will be
facilitated to further identify specific local issues and considerations for emphasis during subsequent
phases of the study effort. The workshop will also review the initial findings developed from previous
tasks. We envision the workshop, depending upon size of the committee, may require multiple
workshops, organized by discipline or interest, to be most effective. We will ask that the City staff
participate in the workshop and assist in generating participation and facilitating targeted feedback and
input. As noted previously, we anticipate arranging these as "virtual workshops".
3. HOUSING DEMAND AND NEEDS FORECAST
3.1. Estimate Employment and Workforce Housing Relationships: GG+A will identify the key
relationships between jobs and housing within the community and region to provide a framework for
preparing an estimate of future workforce housing needs induced by continued employment growth.
The estimates will include the age and household composition characteristics of the regional workforce
and the income and housing tenure attributes of those workforce households. A combination of Public
Use Microdata Samples (PUMS) from the American Community Survey and primary survey research
and stakeholder interviews conducted as part of Task 2 may be drawn upon to make these estimates.
3.2. Future Households and Employment in Pueblo: Drawing upon the results of our primary
research, our assessment of historical patterns of change, and secondary analyses and projections (such
as projections prepared by DOLA, the Colorado Department of Employment and Labor, and the Pueblo
Area Council of Governments), GG+A will develop a 10-year projection of population, households, and
employment for the Pueblo primary housing market area. The future employment estimates will
differentiate relevant economic sectors/occupational groups that bear on the size, tenure, and price of
housing needed.
3.3. 10-Year Housing Needs Projection: Based upon the preceding tasks, GG+A will prepare a
forecast of housing needs by type of housing unit, tenure, and price point. The forecast will identify
new workforce housing needs and replacement needs segmented by housing income levels, expressed as
brackets of Area Median Income (AMI). It will also include a forecast of housing needs likely to arise
from any anticipated enrollment growth at the local educational institutions, anticipated primary
employer expansions, lifestyle changes that are evidenced by changing household arrangements
(particularly at the senior age cohorts), and assessment of currently unmet housing needs of
disadvantaged and disabled populations in the community. Standard HUD methodologies concerning
housing affordability will be utilized to estimate the price of housing afforded by various size and
income segments of the population and household base. The forecast will provide the basis from which
to identify future deficiencies (gaps) in supply relative to need by price range or affordability level.
Agreement for 20-052 Page 13 of 19
3.4. Housing Needs and Gaps Workshop: We will review the results of the research and analysis
outlined above including estimates of housing need attributable to the need to house the workforce in
Pueblo, the need to replace obsolete units, and special housing needs for specific populations. The
comparison of the forecast housing need to capacity to add housing supply will also be presented. The
policy and trade-off decisions implicated by the results of the analysis will also discussed.
4. ECONOMIC ANALYSIS OF HOUSING
DEVELOPMENT ALTERNATIVES AND HOUSING BARRIERS
4.1. Real Estate Economic Analysis: GG+A will work closely with City and County staff and other
stakeholders to identify and describe prototypical housing development alternatives representative of
future housing needs by type, tenure, and price. A series of schematic prototypes will be described in
terms of land area, housing density and number of dwelling units, tenure, type, and scale of construction,
and estimates of sellable or rentable residential building space. Order-of-magnitude development cost
estimates for each identified prototype will be prepared based upon interviews with local builders and
developers.
GG+A will prepare a real estate economic analysis of the identified prototypes. In doing so, we will
simulate the real estate financial results of housing development/redevelopment from the perspective of
a private developer or user. For each development scenario, the estimated acquisition, financing,
administrative, and marketing costs of development will be considered along with annual operating
costs, income-producing rents or sales prices and absorption factors to synthesize the real estate
economics of each development option into cash flow forecasts and estimates of market and residual
land values.
4.2. Assessment of Barriers to Future Housing Delivery: The results of the real estate economic
analysis will provide critical information and insight to identify the constraints and barriers to the
provision of housing across all segments and income levels of predicted need. Such analyses will also
help to reach judgment concerning:
• Future housing needs likely to be feasibly met by private market-rate development;
• Production gaps which are likely to persist in the absence of subsidies or incentives (and the degree of
assistance required to bridge these gaps); and
• The impact of prevailing equity and debt financing parameters on housing affordability in Pueblo.
A synthesis of current regulations, market and lending conditions, cost factors, and other constraints to
developing new housing will be provided in context with potential mitigations and federal, state, and
local funding mechanisms.
5. STRATEGIC ACTION PLAN AND HOUSING POLICIES
5.1. Draft Report, Strategies, and Policies: GG+A will complete a draft Housing Assessment report
summarizing the technical results of the above tasks, including an identification of the amount of
housing units needed by AMI segment, relative to units currently available at affordable prices. Needs
for a variety of development and housing"programmatic" categories will be described, potentially
including but not limited to workforce housing, age-specific housing uses/needs, institutional or group-
quarters housing, and urban and"suburban" scale multifamily. We will draw on the results of the
research, surveys, interviews, and real estate economic analysis to identify immediate and longer-term
Agreement for 20-052 Page 14 of 19
housing and land use policy recommendations. This will include the constraints if any that will need to
be removed to induce feasible development and what types of subsidies, grants, and other public funding
assistance may be required to encourage housing needed but not likely to be produced by private market
participants. The report will identify strategic policy initiatives to address the findings of each element
of the housing assessment, including supply and production issues, the coherence of economic and
housing development, including specific housing shortages; the impact of housing economics on
production; financing availability; zoning and regulatory barriers and policies; and housing delivery
systems. Draft policies and strategies will also build on prior comprehensive and neighborhood
planning efforts to recommend specific policy direction related to urban or brownfield redevelopment
(where appropriate) and greenfield expansion of public infrastructure (i.e., what housing needs and goals
can be best accomplished in either situation).
Recommendations and a data-based matrix will be provided for monitoring the effects of implementing
the affordable housing strategies, tactics, and policies. They will be drawn from the core supply and
demand/need metrics described in the report and will include keeping track of the production of housing
by price point and the ratio of jobs and housing added.
5.2. Policy and Strategy Workshops (2): The GG+A team will be available to present the key
findings and conclusions of the work completed, and the draft recommended strategies and policies.
One workshop will be a reconvening of the advisory committee to obtain specific feedback,
recommendations, and any concerns or considerations for revisions to the draft. The second set of
workshops will be focused on presenting the proposed strategic direction and policy recommendations
to the City Councilors, Plan Commissioners, County Board, and other public stakeholders as
appropriate. Their input, changes, and concerns will be reflected in a Final Draft.
5.3. Final Assessment and Strategic Plan Report: We will draw on the working memoranda, any
staff and advisory committee comments received, and input received in Task 5.2 extensively in
preparing the final report (in Word and Adobe PDF formats). We will make appropriate revisions to
prepare a final report and will provide one electronic copy and private ten (10)bound copies of the final
report.
Agreement for 20-052 Page 15 of 19
SCHEDULE 2
FEE SCHEDULE
Hourly Rates
Our charges for professional services are based on the actual time devoted to your project by our personnel billed at standard rates.
The rates for the personnel assigned to the project are as follows:
Staff Member Standard Hourly Rate
Aaron N.Gruen,Principal $270.00
Debra L.leans,Principal $270.00
Andrew Ratchford,Senior Analyst $170.00
Not-to-Exceed Budget Estimate
Expenses such as for travel,communication,and report reproduction will be invoiced to you at their cost to us. A professional
services budget is presented by task on the following page.
We propose allocating an additional$1,200 for reimbursable expenses,for a total not-to-exceed budget of$58,880 for the City of
Pueblo.
If the geographic scope of the housing assessment and strategy is expanded to include the Pueblo West Metro District and
unincorporated Pueblo County,we would request that the not-to-exceed budget be increased to$83,000.
Agreement for 20-052 Page 16 of 19
Professional Service Cost by Task and Person
City of Pueblo Pueblo West/County
Hourly Rate Base Hours Base Cost Add-on Hours Add-on Cost
Task 1;Project Start-Up
Principal $270 6 $1,620 0 $0
Senior Analyst $170 10 $1,700 0 $0
Task 1 Subtotal 16 S3,320 0 $0
Task 2:Housing Conditions, Trends,Research
Principal $270 28 $7560 12 $3,240
Senior Analyst $170 64 $10,880 28 $4,760
Task 2 Subtotal 92 $18,440 40 $8,000
Task 3:Housing Needs Forecast
Principal $270 16 $4,320 4 $1,080
Senior Analyst $170 56 $9,520 24 $4,080
Task 3 Subtotal 72 $13,840 28 $5,160
Task 4:Housing Development Economics
Principal $270 12 $3,240 6 $1,620
Senior Analyst $170 28 $4,760 12 $2,040
Task 4 Subtotal 40 $8,000 18 $3,660
Task 5:Final Report and Strategic Plan/Policies
Principal $270 32 $8,640 12 $3,240
Senior Analyst $170 32 $5,440 24 $4,080
Task 5 Subtotal 64 $14,080 36 $7,320
TOTAL 284 857,680 122 $24,140
Agreement for 20-052 Page 17 of 19
SCHEDULE 3
PROJECT SCHEDULE
Task Duration
1, Project Start-Up 3 weeks
Kick-Off Meeting
2. Housing Conditions,Trends, Research 8 weeks
Workshop 1(Housing Conditions/Trends)
3. Housing Demand and Needs Forecast 5 weeks
Workshop 2(Housing Needs/Gaps)
4. Housing Development Economic Analysis 3 weeks
5. Final Strategic Action Plan, Housing Policies and Performance Monitoring 6 weeks
Draft Report
Workshop 3(Findings, Policy and Strategy)
Final Deliverable and Presentation
TOTAL 25 weeks
Agreement for 20-052 Page 18 of 19
ADDITIONAL DOCUMENTS REQUIRED FOR AGREEMENT
Affirmative Action Plan
E-Verify Compliance Letter
Colorado PERA Questionnaire
Insurance Certificate(s)
Certificate of Good Standing
Registration with SAM.gov
Agreement for 20-052 Page 19 of 19