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Home My WebLink About10958RESOLUTION NO. 10958 A RESOLUTION APPROVING AMENDMENT NO. 3 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, UNENCUMBERING $19,000 IN FUNDS BUDGETED AND APPROPRIATED FOR THE 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; and WHEREAS, Amendment No. 1 approved Sullivan Green Seavy, LLC to continue providing service, as outlined in the October 14, 2003 Agreement for Steps 3 and 4 of the project until November 30, 2006; and WHEREAS, Amendment No. 2 extended the completion date for Steps 3 and 4 of the project to April 30, 2007; and WHEREAS, on January 31, 2007, the City of Pueblo was awarded a Colorado Heritage Planning Grant, for a project extension further defining the future applicability of the Common Development Code and incorporating its adoption process into a larger Comprehensive Plan Amendment, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. Amendment No. 3 removing Step 4 (Adoption Process) from the Agreement for Professional Services 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. 3, 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. $19,000 in funds budgeted and appropriated for the Pueblo Common Development Code Project are hereby unencumbered. INTRODUCED March 26, 2007 BY Randy Thurston Councilperson APPROVED: RRESIDIENTof City Council ATTESTED BY: CITY CLERK 640-j /d9s9 a Background Paper for Proposed RESOLUTION AGENDA ITEM # to DATE: MARCH 26, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE A RESOLUTION APPROVING AMENDMENT NO. 3 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, UNENCUMBERING $19,000 IN FUNDS BUDGETED AND APPROPRIATED FOR THE PROJECT, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve Amendment No. 3 to the Agreement for Professional Services between the firm of Sullivan Green Seavy, LLC and the City of Pueblo, removing Step 4, the adoption process, from the contract, and unencumbering $19,000 in funding for this final step in the project? 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 I, with the understanding that the City and County would approve work on Phase II (Steps 3 & 4, drafting and adopting development standards) contingent upon acceptance of work performed in Phase 1. Amendment No. 1 to the Professional Service Agreement dated October 14, 2003 amended the original agreement to add Phase II (Steps 3 & 4), and Amendment No. 2, dated December 11, 2006, approved an extension to the contract to April 30, 2007. On January 31, 2007, the City of Pueblo was awarded a Colorado Heritage Planning Grant for a project defining an urban service area surrounding the City of Pueblo and projecting future land uses within this area. An element of the newly funded project is the further refinement and adoption of the Common Development Code within the urban service area. Upon the recommendation of the Colorado Department of Local Affairs, and the concurrence of Sullivan Green Seavy, LLC, all funding from the City, County and Department of Local Affairs for the final Scope Element of the original Common Development Code Project (Step 4) is proposed to roll forward into the new Heritage Planning Grant. The present resolution removes Step 4, the adoption process, and its associated funding from the original Common Development Code contract with Sullivan Green Seavy, LLC. FINANCIAL IMPACT The present amendment will unencumber the City from its $19,000 obligation to Sullivan Green Seavy for Step 4 of the Common Development Code Project. Shares in Step 4 of the original contract include $7,057 from the City of Pueblo, $5,972 from Pueblo County and $5,972 from the Colorado Department of Local Affairs, all budgeted and appropriated by the City of Pueblo to the project. Amendment No. 3 to Professional Services Agreement Between the City of Pueblo ( "Client ") and Sullivan Green Seavy, LLC ( "Consultant ") Dated October 14, 2003 (Resolution No. 9968)( "Agreement ") (Brackets indicate matter deleted, 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 GA. 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; and $120,000 for Step 3, [and $19,000 for Step 4], or a total of $156,00 0 [$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 Step[s] 3 [and 41 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 Step[s] 3 [and 4] shall be completed by April 30, 2007. 4. Attachment 1 — Amended Scope of Services excluding Step 4 is added and made a part of this Agreement. Attachment l is attached. 5. All other provisions in the Agreement remain the same. Signed and executed by the parties as follows: CONSULTANT For CLIENT Sullivan Green Seavy, LLC By: / By v� Barbara J. B. Green V Judy P. Weaver Partner President, City Council Date: 4-1 13 61` Date: 3 ' a G' 02 Attachment 1 (Revised 3 -26 -07) 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 6e a_ — reviev✓ 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. Star) 3 — Drafting 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. Ste 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 1. Issues Analysis 1 • Diagnostic Review • Gap Analysis • Opportunity Identification • Report & Presentation 2. Concurrence 1 • Staff & Elected Official Review and • Agree on Prioritization of Work Task • Allocation of Resources per Work Task 3. Drafting of Procedures and Regulations 2 • 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)]