HomeMy WebLinkAbout10559RESOLUTION NO. 10559
A RESOLUTION APPROVING AMENDMENT NO. 1 FOR PHASE II TO THE AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE FIRM OF SULLIVAN GREEN SEAVY, LLC AND
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO THE PUEBLO COMMON
DEVELOPMENT CODE PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO
EXECUTE SAME
WHEREAS, Ordinance 6925, dated December 9, 2002, established the Pueblo Common
Development Code Project, including a four -step Scope of Services, and budgeted and
appropriated $175,000 for the project; and
WHEREAS, resolution No. 9968, dated October 14, 2003 authorized the City of Pueblo to
enter into a professional service agreement with Sullivan Green Seavy, LLC for the completion of
Steps 1 and 2 of the Pueblo Common Development Code Project; and
WHEREAS, a joint City /County Work Session held March 7, 2005 resulted in concurrence
that Sullivan Green Seavy should proceed with Steps 3 and 4 of the original project Scope of
Services;
WHEREAS, Amendment No. 1 will approve Sullivan Green Seavy, LLC to continue
providing service, as outlined in the October 14, 2003 Agreement, for Steps 3 and 4; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Amendment No. I to the Agreement for Professional Services, dated October 14, 2003,
between the City of Pueblo, a Municipal Corporation, and Sullivan Green Seavy, LLC, of which a
copy is attached hereto and on file at the office of the City Clerk, having been approved as to form
by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute and deliver said
Amendment No. 1, in the name of and on behalf of the City of Pueblo, a Municipal Corporation,
and the City Clerk shall affix the seal of the City thereto and attest same.
SECTION 3.
Funds for Phase II (Steps 3 and 4) shall not exceed a total of $139,000 for said professional
services and paid from Account No.260- 1130 - 411.30 -01, Project No. PL0203.
INTRODUCED November 14, 2005
APP
PRES1DENT 9F CITY CPYWIL
• A, t
BY Michael Occhiato
Councilperson
N INE M � L �
Background Paper for Proposed
RESOLUTION
DATE: November 14, 2005
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMNET /JIM MUNCH
TITLE
AGENDA ITEM # I
A RESOLUTION APPROVING AMENDMENT NO. 1 FOR PHASE II TO THE
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE FIRM OF
SULLIVAN GREEN SEAVY, LLC AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, RELATING TO THE PUEBLO COMMON DEVELOPMENT CODE
PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve Amendment No. 1 to the Agreement for Professional
Services between the firm of Sullivan Green Seavy, LLC and the City of Pueblo for the
Pueblo Common Development Code Project?
RECOMMENDATION
Approval of the Resolution
BACKGROUND
On December 9, 2002 the City Council passed ordinance #6925 approving contract
CHPCP #00123 from the Colorado Department of Local Affairs Office of Smart Growth
establishing the Pueblo Common Development Code Project, and budgeting and
appropriating $175,000 for completion of the four -step Scope of Services. An
Intergovernmental Agreement with Pueblo County was approved December 23, 2002,
jointly funding the entire Scope of Services. On October 14, 2003, City Council
approved Resolution 9968 entering into an agreement with Sullivan Green Seavy, LLC
for Steps 1 & 2 of the project, constituting Phase 1, with the understanding that the City
and County would approve the future work on Phase II (Steps 3 & 4) contingent upon
acceptance of work performed in Phase 1. On May 23, 2005, the City Council and
County Commissioners held a joint work session with Sullivan Green Seavy and City
Planning Department staff, reviewing work completed in Phase I (Steps 1 & 2) and
indicating a desire to proceed with completion of Phase II (Steps 3 & 4) of the project in
collaboration with Sullivan Green Seavy.
Amendment No. 1 to the Professional Service Agreement dated October 14, 2003 will
amend the original agreement for Phase I (Steps 1 & 2) of the project to allow Sullivan
Green Seavy to continue providing services addressing Phase II (Steps 3 & 4).
FINANCIAL IMPACT
Funds shall be made available not to exceed $139,000 for said professional services for
Phase II (Steps 3 & 4), from Account No. 260- 1130 - 411.30 -01, Project No. PL0203.
The City's share of Phase Two is $51,700. The City will be reimbursed by the County
and the Department of Local Affairs for their shares of $43,650 each.
Amendment No. 1 for Phase II to Professional Services Agreement
Between the City of Pueblo ( "Client") and
Sullivan Green Seavy, LLC ( "Consultant ")
Dated October 14, 2003 (Resolution No. 9968)("Agreement ")
(Underscoring indicates matter added)
1. Section A. is amended to read:
CONSULTANT shall perform the Scope of Services described in the amended
Attachment 1 required for timely completion of the PROJECT in a good and professional
manner, and provide two (2) printed copies and two (2) electronic copies of all Products
described in the Scope of Services.
2. The first paragraph of Section G.1. is amended to read as follows:
As full compensation for all services to be performed by Consultant under this
Agreement CLIENT shall pay CONSULTANT a lump sum fee of $36,000 for
Steps 1 and 2 in the attached Scope of Services: $120,000 for Step 3, and $19,000
for Step 4, or a total of $175,000 for the entire project which includes all
Consultants' expenses.
3. The first sentence of the first paragraph of Section H. is amended to read as follows:
The services of CONSULTANT with respect to Steps 1 and 2 shall begin upon receipt by
CONSULTANT of an executed copy of this Agreement, and with respect to Steps 3 and
4 upon receipt of CONSULTANT of an executed copy of this Amendment No 1 and
except for reasonable causes beyond CONSULTANT'S control, Steps 1 and 2 shall be
completed within 8 months of receipt of a signed copy of the Agreement and Steps 3 and
4 shall be completed by November 30, 2006.
4. Attachment 1 — Amended Scope of Services including Steps 3 and 4 is added and made a
part of this Agreement. Attachment 1 is attached.
5. All other provisions in the Agreement remain the same.
Signed and executed by the parties as follows:
CONSULTANT
Sullivan Green Seavy, LLC
n
By: 6L
Bar ara J. B. Green
Partner
r/
Date: ,l q (li
For CLIENT
BY r
bert D. Schi ing
President, Cit Council
Date: ///14 1 o S
Attachment 1 (Revised 11- 14 -05)
SCOPE OF WORK
Step 1 — Issues Analysis
A. Diagnostic Review
The diagnostic review includes three substeps. The first will be interviews with
stakeholders in the land use and development process, including land developers,
elected officials, staff, and individuals from the community at large. The purpose of
these interviews is to identify the community expectations for the land use and land
development process. The second will be a review of the land use and land
development policies found within the recently adopted Regional Comprehensive
Development Plan, and the third will be a review of the City and the County land use
and land development procedures and regulations, including legal statutory limitations.
Copies of the diagnostic review will be furnished to Client.
B. GAP Analysis
A GAP analysis for the City and the County will compare the stakeholder's expectation,
the land use and land development policies found within the Comprehensive Plan, and
the existing land use and land development procedures and regulations for the City and
the County. GAPs are defined as variances between the stakeholder's expectations,
the land use policies found within the Comprehensive Plan, and the procedures, land
use and land development regulations that the City and the County are currently
utilizing to implement the Plan. The GAP analysis will then review and identify: (1) what
are common needs of both the City and the County, and where common procedures
and/or regulations may be beneficial, and (2) what are the unique land use or land
development requirements, and where a unique and compatible procedure or regulation
would be most beneficial. Copies of the GAP analysis will be furnished to Client.
Step 2 — Concurrence
After completion of Issues Analysis, City and County staff will with the assistance of
Consultant review and determine those opportunities where the City and County can
gain the most value through a shared common development code and those situations
where the community will be best served with unique but compatible City and County
codes. The City and County staff will then concur in the prioritization and allocation of
resource for the drafting of regulations. This concurrence will identify the most
important common needs of the City and County and the most important unique needs
of each. The highest priority needs based upon the proportional share of contribution
by the City and County of appropriate funding, will be selected for drafting. Upon
completion of work, the Consultant will present findings to the Pueblo Area Council of
Governments.
Step 3 — Draftina of Procedures and Regulations
The third step will be the drafting of the procedures and regulations. This component
will be a joint effort of the consultant team, staff, the development community, and the
citizens at large. It will result in drafting and acceptance of procedures and regulations
by the stakeholder groups in a form to be presented to the elected officials.
Step 4 — Adoption Process
Step four is the adoption process. The City and County each have different processes
for adoption. This step involves the placing of the regulations in the appropriate City
and County formats and guiding the regulations through the appropriate adoption
process. This may include minor revisions as additional issues are discovered through
the hearing process
BUDGET
Issues Analysis '
• Diagnostic Review
• Gap Analysis
• Opportunity Identification
• Report & Presentation
2. Concurrence '
• Staff & Elected Official Review and
• Agree on Prioritization of Work Task
• Allocation of Resources per Work Task
3. Drafting of Procedures and Regulations
• Common Procedures and Regulations
• Unique but Compatible Procedures
and Regulations
• Revision and Acceptance of Drafts by
Appropriate Body
4. Adoption Process 2
• Hearing and Final Revisions
• Final Revisions to Fit Unique City and
County Code Format Requirements
• Adoption
$ 34,000.00
$ 2,000.00
$ 120,000.00
$ 19,000.00
1. To be shared equally City, County & State (Step 1: $11,333.34 each; Step 2: $666.67 each)
2. To be shared proportionally City, County & State (Step 3: City= $$44,572; County & State = $37,714.28)
(Step 4: City= $7057; County & State = $5972)
CHPG #00123 — Pueblo Common Development Code
EXHIBIT C1
Contract Routing # O O \1
Encumbrance # Q0SWAf>0 \1,3
Vendor # 4 W-Me oep b � 6
for Remit Address)
APPR GBL SG 5f\
CFDA# N/A
Amendment # 1 of
Unilateral
State Executed Contract Modifications (use state signature page only)
A. Modifications to Contract Boilerplate.
None.
B. Modifications to Exhibit A, Scope of Service.
Time of Performance: "Time of Performance is modified by deleting " November 30. 2005 " and
inserting in lieu thereof " November 30. 2006 " ..
All of the terms and conditions of the Original Contract remain unchanged except for those terms and
conditions modified by this Amendment # 1 and all previous amendments. Both parties also expressly
understand that this Amendment # 1 is incorporated into the Original Contract.
Reviewed by:
e ;y /0�
Pre - approved Form Contract Reviewer
Department of Local Affairs
4 00 7 40 0�
Michael L. Beasley, Executive Mactor
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins prior
to the date below, the State of Colorado may not be obligated to pay for the goods and /or services
provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By 1
ose Ma ie Auten, Controller
/1 Department of Local Affairs
Date: