HomeMy WebLinkAboutresolution.council.032-22 RESOLUTION NO. 032
(SERIES OF 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND DESIGN
WORKSHOP,INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS,there has been submitted to the City Council a contract for professional
services in support of the policy and regulatory response to Ordinance#27, Series of 2021,
including a significant public engagement effort, between the City of Aspen and Design
Workshop, Inc., a true and accurate copy of which is attached hereto as"Exhibit A".
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO,
That the City Council hereby approves that Contract for or professional services in
support of the policy and regulatory response to Ordinance#27, Series of 2021,between the City
of Aspen and Design Workshop, Inc. a copy of which is attached hereto and incorporated herein
and does hereby authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED,READ AND ADOPTED by the City Council of the City of Aspen on
the 1 st day of March 2022.
Torre, Mayor
I,Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a special meeting held, March 1, 2022.
s
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OFASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.:2022-076.
AGREEMENT made this 2 day of March, in the year 2022.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place Total: $288,775
Aspen,Colorado 81611 Not to Exceed.
Phone: (970)920-5079
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$50,000.00 it shall not be deemed valid
Design Workshop, Inc. until it has been approved by the City
c/o Jessica Garrow,Principal Council of the City of Aspen.
120 E.Main St. City Council Approval:
Aspen,CO 81611
Phone: 970.925.8354 Date:March 1,2022
Resolution No.:#32,Series of 2022
For the Following Project:
Consultant Services in support of the policy and regulatory response to Ordinance#27. This
contract includes a subcontractor through Design Workshop for public engagement efforts, City
Explained, Inc.
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
The City and Professional agree as set forth below.
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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
December 31, 2022. 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. Pa ment. 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-Assi and. 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. Any use of all finished or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, reports or other material prepared by the Professional for other than their
specific intended purpose and without the involvement of the Professional shall be at the sole risk of
City and without liability to Professional. Notwithstanding the above, Professional shall not be
relieved of any liability to the City for damages sustained by the City by virtue of any breach of this
Agreement by the Professional,and the City may withhold any payments to the Professional for the
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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 alf 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 liability, claims, and demands, on
account of injury, loss, or damage, including claims arising from bodily injury, personal injury,
sickness, disease,death,property loss or damage,to the extent and for an amount represented by the
degree or percentage such injury, loss, or damage is caused 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, of the Professional or others for whom the Professional is
legally liable 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.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense,a policy or policies
of insurance sufficient to insure'against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law.The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts,duration,or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
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.
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(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers'Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease-policy limit,and ONE MILLION DOLLARS($1,000,000.00)disease-each
employee. Evidence of qualified self-insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00)each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations.The policy shall include coverage for bodily injury,broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability 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 TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies, with the exception of Worker's Compensation and Professional
Liability, 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 certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled or terminated until at least thirty(30)days prior written notice has been
given to the City.
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(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.
8. 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.
9. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
10. 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.
11. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation,family responsibility,national origin,ancestry,handicap,or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code,Section 15.04.570,pertaining to non-
discrimination in employment.
12. 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.
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13. 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. Worker Without Authorization prohibited—CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session,the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a"worker without
authorization'which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Consultant who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires 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.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended,that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor,time, or effort by a Consultant or a subconsultant not
involving the delivery of a specific end product other than reports that are merely incidental to
the required performance.
5. "Worker without authorization'means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
By signing this document, Consultant certifies and represents that at this time:
1. Consultant shall confirm the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services; and
2. Consultant has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are not workers without authorization.
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Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. Consultant shall not use the either the e-verify program or the department program procedures
to undertake pre-employment screening of job applicants while the Public Contract for Services
is being performed.
If Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1.Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the notice
required pursuant to this section the subconsultant does not stop employing or contracting with
the worker without authorization; except that Consultant shall not terminate the Public Contract
for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant 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.
If Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S.the Owner may terminate this Agreement. If this
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant's violation of Subsection 8-17.5-102, C.R.S.
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.
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.
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17. 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,
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.
18. 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.
19. 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.
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(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.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County,Colorado.
20. 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 grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
24. Certification Re ag rding Debarment, Suspension, Ineli ig bility, and Voluntary Exclusion.
Professional certifies,by acceptance of this Agreement,that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations,proposals, contracts and subcontracts. In the event that Professional or
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any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
26. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed,or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPFN Cg �ORADO: PROF ONAL:
F-7 0 h Jessica Garrow
[Signature [Signature]
By:
Sara Ott By: Principal
[Name] [Name]
Title: city Manager Title:3/2/2022 1 10:07:35 AM PST
Date:
3/2/2022 1 1:16:33 PM PST Date: 3/2/2022 1 10:07:35 AM PST
Approve as to Form:
DsenSIM"d Ay:
City Attorney
General Conditions and Special Conditions can be found on City
of Aspen Website.
https: //www.cityofaspen.com/497/Purchasing
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Exhibit A—Professional Services Project Scope
Moratorium Support Scope
Prepared for the City of Aspen Community Development Department
This scope of work is to provide consulting services for the City of Aspen related to the Residential
Development Moratorium.The services outlined herein include analysis,engagement,and code
support related to residential development.The Short-Term Rental portion of the Moratorium is not
included.
January 14,2022
Phase 1—Project Initiation
Task 1 .1-Project Initiation
Design Workshop will launch the effort with a Project Kickoff meeting with city staff. It will lay the
foundation for a clear and inclusive process and will clarify roles,approach,and project goals. We
will define a mission statement and guiding principles to effectively launch the project.
• Establish project goals and desired outcomes(Project Management Plan)
• Define roles,responsibilities,and communication procedures
• Confirm a detailed project schedule and document review process
• Discuss elements of the current code requirements that are working,and areas for
improvement
• Identify resources and documents that may be useful to the process
• Discuss document and final review approach
Also in this task will be a data gathering meeting.This will include members of allied departments
to understand what data is available and how it should be supplemented.
Deliverables
• SKO and Data Meeting agenda and meeting notes
• Strategic Kickoff meeting
• Critical success factors, dilemma, thesis, and project goals documentation
• Data Gathering Meeting
• Data gathering needs list
Task 1.2-Meeting,Project Management&Reporting
Every task will involve project management from Design Workshop's Principal-in-Charge and the
Project Manager.Design Workshop strives to ensure quality through clear communication and
dialogue with our clients and amongst our team.We have included weekly progress meetings given
the pace of this project and desired code delivery timelines.This schedule would be finalized in the
kick-off meeting.
Also included in this task are additional coordination meetings with other city-hired consultants,as
well as additional meeting support that may be needed throughout the project.Internal progress
meetings are also included to ensure the project is progressing on the timeline required.
Deliverables:
• Weekly Project Management calls with City project manager(22 anticipated)
• Percentage complete project report by task and monthly invoices(once a month)
• Weekly internal meetings
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• Meeting coordination and additional support(to be billed hourly with a budget of up to
$7,500)
Task 1.3—City Council Informational Memos and Work Sessions
Throughout the project, it will be important to update City Council on progress and gain their input
on progress and ideas for code updates.The scope anticipates a mix of written council updates and
in-person work sessions.
We also anticipate that two meetings will be held in January,facilitated by city staff. The DW/CEI
team could support these as an additional service or as part of the existing Design Workshop on-call
services contract.At these meetings,the following topics should be reviewed in order to ensure the
project is initiated with clear goals and understanding:
• Council to define the project statement
• Council to identify project goals/outcomes
• Council to identify what information may be needed to assist in their decision making
• Staff to outline realistic timeline for completion of work
• Staff to outline general anticipated scope of work
Deliverables:
• Written Council Updates (4)
• Council Work Session Updates (2)
• Not included in scope:January meetings with City Council
Task 1.4—P&Z Informational Memos and Work Sessions
Keeping the Planning and Zoning Commission updated throughout the process is also important. As
with Council,a mix of written updates and in-person work sessions are included in the scope.
Deliverables:
• Written P&Z Updates(2)
• P&Z Work Session Updates(2)
Task 1.5—Case Study Review
In order to provide background information about potential code changes,the Design Workshop
team will complete a case study review for various code topics.These are anticipated to include
Growth Management,Design Standards(i.e.,mass, scale,grade,etc.)Residential Development
Pacing,Residential Allotments,Review Procedures,calculation and definition of demolition,and
Affordable Housing Zoning.This portion of the scope is anticipated to be completed as part of the
remaining on-call services contract between the City and Design Workshop.
Deliverables:
• Review of up to five (5)case studies
• Written summary for case study topics, anticipated to be no more than 5 pages per topic.
Phase 2—Community Engagement
Task 2.1: Public Engagement Plan
The Design Workshop/CEI team will develop a Public Engagement Plan that includes detailed
guidance on public outreach, social media,engagement tools and methods,and the preparation of a
stakeholder analysis matrix.As part of this,we will work with staff to categorize the groups and
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individuals that will be identified as key stakeholders that should be engaged in the process.
Discussion of these stakeholders will begin with the Strategic Kickoff,which will identify the
optimum role for these groups within the project.Interactive software will be used to guide staff
through a stakeholder mapping exercise focusing on strategies around stakeholder management,
project team expectations for metrics and reporting,and touchpoint tracking.
Ultimately,we will work with staff to finalize the Public Engagement Plan document that includes
identification of the stakeholders,contact information, engagement timelines,key initiatives,
scheduled meeting dates and lead times,information distribution methods,and responsibilities of
City staff and the consultant team.
The public engagement will aim to drive interest in community for the project while communicating
that this process is an opportunity to influence positive change in how the city approaches future
residential development.
Deliverables:
• Community Engagement Plan, draft and final formats provided in MS Word and PDF
formats
• Stakeholder analysis matrix,provided in MS Excel format
Task 2.2: Aspen Community Voice Set Up
Given the local interest and pace of the project,we recommend setting up a page on Aspen
Community Voice early in the project.This should include information on the moratorium,
including who is affected and why. Initial tools should include the Document Library, Who's
Listening, Q&A,Important Links,and Key Dates. In addition,we recommend the city record a
video describing the moratorium and the work that will be completed.
We understand that the city cannot provide consultants with access to the platform, so our work
would include creating text that the city would place on the website.We assume the city would
record all videos,but this could be supported by the DW/CEI team if desired as an additional
service.
Deliverables:
• Initial text, including one (])round of edits for Aspen Community Voice
• Initial video script, including one (1)round of edits
Task 2.3: Stakeholder Interviews
A critical aspect of this work is understanding how key stakeholders who are experts in the
development process view the issues at hand.We recommend interviews with staff representatives
from Environmental Health,Building,Planning,Landfill,and Housing.This could be completed in
groups or as individual interviews.These interviews will also assist the team in understanding what
data is available.
Additionally,understanding how community organizations view the issue and potential solutions
will be an important foundational aspect for the project.This task will include a series of
conversations with community organizations and development representatives to understand their
unique perspectives.
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The project team will work to set up a meeting schedule and RSVP system for stakeholder
interviews including a depository for recordings and notes. Additional meetings have been added to
accommodate virtual interview sessions and scheduling.
Deliverables:
• Up to 15 Interviews—allocations to city and county staff stakeholders and community
organizations will be determined upon finalization of the public engagement plan.
• Depository for interview recordings and meeting materials
• Interview summaries
Task 2.4: Aspen Community Voice Updates
Throughout the project we anticipate monthly updates,at the least,will be needed to Aspen
Community Voice.This will include providing all written documents in the Document Library,
linking all Council and P&Z presentations,and updating the site with engagement opportunities.
Some specific engagement opportunities we recommend be included on the website include:
1. Forum Series—Scheduled and targeted questions for public discussion. These questions
will also be incorporated into advertising initiatives and coincide with the box ad
placements.
2. Survey on Development Impacts—Tiered survey with embedded logic that will allow
users to select as a member of the public or as a development community member.A
general set of questions will be asked to both groups with additional questions being
asked of those who identify themselves as a design/development professional.
Registration and demographics would be required.
To build additional visual content for ACV and to provide a breadth of mediums pushing out
information to the public,we propose two additional videos-a midway update and pre-adoption
update-covering project accomplishments and key findings leading into public hearings.
Additionally,at the end of the project,we recommend a project closeout that includes a final update
to Aspen Community Voice to describe the final code language and final outcomes.This is not
included in the base services but could be included as an additional service.
We assume the DW/CEI team would provide both text and a content schedule of when to update
the website and the city would be responsible for updating the website.
Deliverables:
• Up to six(6)content updates to Aspen Community Voice, including one (])round of edits
for each.
• Content schedule and management of resources for staff to utilize for updates
• Periodic reminders about updating the website (as needed)
• Midway update video script, including one(1)round of edits
• Pre-adoption update video script, including one (1)round of edits
Task 2.5: Advertising
Given the short nature of this project, it will be important to push information out to the community
regularly. We suggest a box ad that provides information on the project,project scope,timeline,and
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outreach opportunities on a regular schedule.We also recommend an advertisement be completed
for the project closeout.
To begin the project,we suggest an updated press release with the refined scope of the project,
problem statement and goals,updated timeline,and announcement of project feedback
opportunities.Additional advertisements should be completed on the radio, newspapers,and
listservs.The city could participate in the Locals Show on Grassroots TV to describe the project and
direct people to Aspen Community Voice.Additionally,we recommend the city seek opportunities
to speak with the radio and newspaper media to describe the project and future steps as part of their
reporting.
We assume the city would be responsible for all ad placements and associated costs,as well as
communication with the media.The consultant team will provide a content schedule to assist city
staff in important project milestones to be shared—and recommends city staff consider scheduling
press junkets with the media at specific milestones to provide updates on the project.
We also recommend the city create a dedicated project phone and email.This can be updated with a
new voicemail/out of office message on a weekly basis to provide information to the community.
It also provides a way for community members to ask questions outside of the Aspen Community
Voice platform. This has not been included in the base scope but could be included as an additional
service.
Deliverables:
• Text for newspaper advertisements, anticipated to be provided ten(10)times
• Talking points for radio and newspaper stories, anticipated to be provided three (3)times
• Content schedule outlining key communication milestones and preferred touchpoints with
local media outlets
Task 2.6: Focus Group Series(Funneling Focus Groups)
We recommend a series of focus groups to engage stakeholders throughout the process.Rather than
holding a series of repeating focus groups,we recommend organizing the focus groups to approach
the problem from a 30,000-foot view and then funneling down through different lenses and views
until a series of solutions are identified.This will require extensive stakeholder mapping,which will
be accomplished in the Public Engagement Plan and Strategic Kick Off Meeting.Additionally,very
concise meeting and information flow will need to be created.Focus Group meeting summaries will
be created and can be included on Aspen Community Voice.
These are assumed to be facilitated through a mix of in-person and online meetings,however we do
not recommend hybrid meetings for these. We anticipate the city would extend invitations to
participants. While the preference would be for in person meeting,the local incidence of COVID-19
may preclude this option.If virtual meetings are required,the meetings will be recorded and added
into the virtual meeting depository along with associated files and summaries.The project team will
work with staff to determine the most suitable meeting format,which will be detailed in the public
engagement plan.
Deliverables:
• 8 Focus Groups
• Meeting Agendas and Materials
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• Invitation Materials
• Zoom Meeting set up and facilitation
• Focus Group Summaries
• In person facilitation as allowed by public-health regulations
Task 2.7: Block Parties(HOA and Neighborhood Outreach)
Given the breadth of this topic, it will be important to meet people where they are to ensure broad
participation.We suggest a"block party"approach to engagement,where the project team would
meet with individual HOAs and Neighborhoods.These could be in neighborhoods, on the mall,at
city hall,or at other locations around the community.
The scope anticipates that the consultant team and city staff would participate in these as facilitators.
Content for these would be created by the DW/CEI team. We anticipate these would occur
throughout the project to enable the team to return to some HOAs/Neighborhoods as the code
language is developed.We recommend a set of"drop in"meetings leading up to l'reading and
adoption hearings to provide information to the public on data,analysis,case studies,and potential
code changes to provide clarifications."Drop-in meetings"will be hosted in a more informal format
with the opportunity for community members to speak one-on-one with project team members and
staff.
These conversations would include a review of the project scope,problem statement,what changes
mean for neighborhoods and for development,and subsequent impacts for the community. While
these meetings would target specific neighborhoods and HOAs in Aspen they would be open to
others.Meeting summaries would be provided for inclusion on Aspen Community Voice.
While in person meetings are preferred,virtual meetings may be needed. We propose to utilize 3-13
virtual room software to create a`virtual block party' that will provide for an interactive,creative,
and dynamic participant experience.The `virtual block party' will allow for the project team to
guide discussions with community members while still providing for opportunities for community
members to `tour' information stations and speak with project team members.
We assume the city would provide drinks and snacks for in-person and virtual engagement to
support the block party feel.
Deliverables:
• Up to 10 individual HOA/Neighborhood meetings
• Up to 2 drop-in meetings at end of project leading to the adoption process
• Presentation materials for meetings, including one (1)round of edits
Task 2.8 Stakeholder Management
Project staff will monitor stakeholder engagement and strategic touchpoints throughout the process
to track engagement and metrics.Updates and review of the tracking system,and engagement with
targeted stakeholder groups will be assessed at key milestones(4x)during the project to ensure
adaptability and efficacy of stakeholder engagement.
Deliverables:
• Creation of stakeholder management tracker
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• Regular updates to tracker after key project milestones(4), stakeholder interviews,focus
groups, and neighborhood blockparties
• Assessment of running stakeholder engagement`reach' and metrics(4)after key project
milestones-stakeholder interviews,focus groups, and neighborhood blockparties
Task 2.9: Community Engagement Summary
At the end of the project, it will be important to convey all that was learned from the community.
This task will result in a final report that outlines all the engagement opportunities,who participated,
and the key findings. This will be presented as a pdf report,as well as slides that can be used in the
adoption presentation material.
Deliverables:
• Community Engagement Summary, including one (])round of edits
• Community Engagement Slides
• Raw data files will be provided for all engagement activities
Phase 3—Project Evaluation
Task 3.1: Review of Mitigation Data(staff)
We understand that staff has completed extensive review of the different mitigation scenarios,
including housing mitigation and waste mitigation, in the city as part of recent proposed code
amendments.We recommend this work be supplemented to further describe the impacts the current
lack of mitigation has on the overall community. We have identified this as work that staff would
complete,as it is a continuation of on-going work.However,the DW/CEI team could support this
if needed from a workload/staffing perspective.
This task focuses on understanding the impacts of required mitigation related to size and cost
developed and how the current levels do not appear to match the impacts created.This would
include an analysis of building permits from 2015-2021 to assess the number of projects,type,
square footage,and opportunities missed in fees on a sliding scale.This will require additional data
points for costs of affordable housing at other COA projects like Burlingame III.
Deliverables:
• N/A
• Optional review time has been included in the fee
Task 3.2: Review of Demolition/Landfill Data(staff)
We understand that the Environmental Health staff plans to support the moratorium work,
particularly related to understanding landfill and climate impacts related to development.For this
reason,we have identified this as work that staff would complete.However,the DW/CEI team
could support this if needed from a workload/staffing perspective.Additionally,a subconsultant in
the environmental and landfill field may be beneficial to support the work.DW can add this
expertise to our team if desired.
This task focuses on understanding the correlation between the city's residential development and
stress on the landfill.As with the previous task,we would recommend the city gather data from
2015-2021.This should include a review of the landfill's tracking system and current programs in
the County.
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Deliverables:
• N/A
• Optional review time has been included in the fee
Task 3.3: Review of Residential Development Impacts
To further gauge the impacts of residential development on neighborhoods,an impact analysis will
be performed that quantifies the economic effects of new construction.The analysis will examine
the fiscal impact that residential development has on the local economy. In addition to employment,
the analysis will examine the value of new residential construction,how new construction may
affect surrounding property values and sale prices,and the use impacts of a property's
redevelopment.
As part of this task,the consultant team would review a series of data from local case studies,
including home valuations and sales data,to understand the impacts different scales and location of
residential development have on adjacent properties,the neighborhood,transportation system,and
landfill.This work would be coordinated with task 3.2.
Deliverables:
• Review of three (3)residential case studies, including a summary memo for each
• Summary memo outlining impacts of residential development from an economic perspective.
Anticipated to be no more than ten(10)pages.
Task 3.4: Buy Down Program Funding and Financial Impact Analysis
Fee in Lieu revenue collected during the construction of new residential properties can be a valuable
tool for funding the purchase and/or subsidization of housing for Aspen residents.Task 3.4 will
focus on two primary goals:First,determining the appropriate fee in lieu levels by residential
neighborhood required to fund a Buy Down program;and second how revenues collected through
fee in lieu contributions can be most impactfully used.
Using sales data provided by the city,the consultant team will map housing sale prices by
neighborhood.This mapping, in combination with input from city staff and project stakeholders will
be used to determine parameters for setting appropriate fee in lieu levels by neighborhood required
to fund a Buy Down program.Estimates as to the amount of revenue that may generated through
Fee in Lieu contributions will be determined as part of this analysis.
To determine the viability of a Buy Down Program,and how such a program may be most
impactful to the creation of affordable housing.To accomplish this,a financial impact analysis will
be performed to determine the relative impact of using Buy Down funds to purchase a singular
residential property versus using funds to partially subsidize the purchase of multiple properties.
Because of the exorbitant cost of housing within Aspen,the impact analysis will explore the cost of
purchasing properties in both Aspen,as well as other communities throughout Pitkin County and
Garfield County.
In addition to assessing the feasibility of a buy down project,the analysis will include a high-level
analysis related to alternative housing affordable housing strategies(i.e.,land banking,credits, fee-
in-lieu).
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We anticipate a work session with staff to determine parameters for neighborhood fee in lieu levels.
Deliverables:
• A maximum of 4 maps illustrating home sale prices by neighborhood.
• A memorandum documenting recommended fee in lieu levels by neighborhood and
suggested strategies for maximizing funds used in a Buy Down program.
Task 3.5: Affordable Housing Zoning Feasibility Analysis
To quantify how changes to existing zoning conditions may influence the creation of affordable
housing,we will analyze the feasibility and effects of implementing zoning changes that enable the
development of affordable housing,both as an overlay district and as by-right uses in the R6 and
RI zone districts.The analysis will identify changes to existing code that must be made to enable
the creation of affordable units as well as quantify the amount of affordable units that must be
allowed,by-right,to recoup land and development costs while enabling sufficient profit for
developing parties. The analysis will integrate the findings of EPS's analysis,where appropriate.
The number of affordable housing units required will used to recommended changes to density and
height requirements.
As part of this task,we will work with the city to determine which categories of affordability of type
housing(i.e.,rental or for-sale housing,Resident Occupied,Category 4,employer owned,etc.)are
most needed,as the level of affordability and subsequent sale or rental price will affect the number
of units needed to make development financially feasible.
Deliverables:
• A maximum of 4 development financial models created to test development feasibility.
• A memorandum documenting detailing the feasibility of affordable housing zoning.
Task 3.6: Code Outline
Building upon the foundational knowledge from the engagement activities and case study review,
we will develop an outline of potential code amendments.This will be completed in memo and
table formats to ensure the changes can be easily tracked back to language from the moratorium
ordinance and the AACP.The memo will also explain why specific changes are recommended.
We anticipate one round of review with staff to finalize the outline prior to moving into drafting the
language.
Deliverables:
• Draft outline of code amendments, with one (1)round of edits
• Final outline of code amendments
Task 3.7: Local Scenarios
In order to explain the impacts of code changes to City Council,P&Z and the community,the
Design Workshop team will complete three(3)individual scenario reviews using recent or current
projects.Design workshop will work closely with city staff to identify real-world scenarios that are
representative of the Aspen community.This analysis will focus on how the proposed code changes
would have impacted each project.These are anticipated to focus on changes related to growth
management allotments,permit pacing(if pursued),housing mitigation, and any adjustments to
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calculations or zoning.A two-page memo with graphics is anticipated as the main deliverable to
clearly explain the impacts code changes would have.
Deliverables:
• Review of three (3)residential scenarios, including a summary memo and graphic for each
• Summary memo outlining impacts of construction from a community, neighborhood, and
construction company perspective.Anticipated to be no more than five (5)pages.
Phase 4—Project Completion
Task 4.1: 50% Code Draft
We understand that staff will lead drafting of the code changes and Design Workshop will provide
review support and support coordinating with other consultants. We suggest a 50%draft that would
be reviewed by related consultant teams and staff prior to creating a public-facing draft document.
The scope anticipates two draft review cycles, including two meetings with staff and any
consultants staff desires participate to review comments and questions on the draft.Formal
comments on the drafts will be completed utilizing a comment log that coordinates and reconciles
all comments.
Deliverables
• Review of draft code language (draft 1)
• Review of updated code language with redlines(draft 2)
• Review cycle and meeting with Staff and invited consultants (2 times)
• Comment log provided for each review cycle
Task 4.2: 50%Diagram Draft
To support the usability of the code we propose that some graphics be incorporated. We have
included a total of ten(10)graphics in the scope,but additional graphics could be provided based on
an hourly rate.These graphics are anticipated to be completed in InDesign, Illustrator and
SketchUp.
Deliverables
• Draft graphic style
• Graphic outline, and example graphics developed to the 50%level.
Task 4.3: 90%Code Draft
This draft is intended to be the public-facing version. The Design Workshop team would provide
final review of the text. Formal comments on the drafts will be completed utilizing a comment log
that coordinates and reconciles all comments.
Deliverables
• Review cycle and meeting with Staff and invited consultants to review draft 3
• Comment log provided for review cycle
Task 4.4: 90%Diagram Draft
All agreed upon graphics will be provided as part of the 90%document.These will be included with
the text outlined in Task 4.3,and edits will be made based on staff's review.
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Also included in this task is an overall graphic that describes the project to date and describes what
the community is reviewing.This would be provided as a cover summary to the code language,and
as a standalone document on Aspen Community Voice.
Deliverables
• 90%graphics, to be incorporated with 90%code draft(draft 3)
• Coordinated review with staff
• Updated graphics with final 90%draft(draft 4)
Task 4.5—4.7: Public Hearings
The scope anticipates up to four meetings to implement code amendment.This includes one hearing
with the Planning and Zoning Commission for a recommendation on the code language.This also
includes three hearings with City Council—one for First Reading,one for Second Reading,and one
for an additional Second Reading. DW staff is able to support additional public hearings on an
hourly basis.
The scope includes production of presentation materials and support for staff memos for the four
meetings noted in these tasks.The scope does not include public noticing or placing the code
language into Ordinance/Resolution format.We recommend that enhanced public noticing be
completed,providing more detail than the standard legal requirements.
Deliverables
• Attendance at four(4)public hearings
• ] hour of prep with staff for each public hearing
• PowerPoint Presentation for each public hearing
• Memo and material supportfor each public hearing(24 hours total is anticipated)
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
Services are to be billed hourly at the following rates
Principal: $225.00/hour.
Project Manager/Senior Planner: $150/hour
Public Engagement Support: $165/hour
Associate: $150/hour- $175/hour
Planner: $100
Moratorium Code Amendments
updmAFeb 28.2022
I
Tasks
I:Project Initiation Total Fee for described Scope of Work
It strittiTc Moll 1 8,600 1.
1.2:Project Management(bi-wtekly meetings mtoingsl 22,750 _
1.3:City Council Info Memo I WS Z 9,610
1.4:P&Z Into Memo I WS 7. 0
1.5:Casa Study Review 0,550
1.6:Additional Project Mana errant Support Z9,000
1.7:Internal Coordination 1; 7.500 _
subtotal, 73.640
I
Total2:Community Engagement 2.1:Public En a emaat Plan s a4 .
2.2:As an Communityvoice Set U Z
2.3:Stakaholdar Interviews staff,communitygroups,develop $
2.4:ACV U ates $
2.5:Advertisin S ort $ _
2.6:Foeas GroupSeries w 47staff members Z
2.7:Block Parties HOAs I Neighborhoods wl 8 staff members $2A Stakeholder Mana ement Z 2A Communit Ea a ement Summar Z
subtotal I S 134.025
I I
,3:Project Completion
tal Fee-Initial Proposal
3.1:Review of Mitigation Data staff leaRDW4, 2603.2:Review of Demolition&*ncifill Data s Z600
3.3:Review of Residnetial DevOo mens3.4 B Down and FIL Anal sis1 50
3.5 Affordable Housin Zonis Anai sisZ 1 0
3.6:Code outlineS .53.7:Local ScenariosS 9,820
subtotal
4:Project Completion I I
Total 4150%Code Draft S 1103
wbtotal s
4.2:50%Dia am Draft
4.3:50%Code Draft Z
4.4:50%Diagram Draft $4.5:P32 Review I Recommendation
4.6:Council st R
4. :Council di13.94001
Reimbursables
_
t I
DW Travel 5 tr' s for 2 people) $Total 10,000
CFJ Travel 3 tri s S 7,500
Printing S
s 19.700
I I
Pfe%FiOUS Contracts with
r '6 (-
January_$20.000 t
February_s49,900 !_
----.--- - r $288,775
---—�.-
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