Development Code terminate contract
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MEMORANDUM
January 21, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Contract for Unified Development Code
The City contracted with Lane Kendig, Inc. in February 2005 to conduct a
comprehensive update of the City of Dubuque's Zoning and Subdivision Ordinances,
and create a Unified Development Code.
In December 2005, the City learned that the project manager had resigned from the
firm. The ordinance work received to date from the firm has not been of the quality the
City should have received under the terms of the contact. Deadlines have been
repeatedly extended, and yet still consistently missed. The work submitted has been
"boiler plate" or simply lifted from a previous job without relevance to Dubuque's unique
needs, characteristics, or long range plans. Communication between the firm's project
manager and City staff has not been what was contracted for, and it appears the rest of
the firm has played little or no role in the project.
The City's Fiscal Year 2006 budget for the creation of the Unified Development Code is
$130,000. Approximately $50,000 has been paid to Lane Kendig, Inc., leaving a
balance of $80,000 in the project budget.
Legal staff has advised that under the terms of the contract, the City can terminate the
contract for any reason, and also for failure of the consultant to perform in a timely and
proper manner.
Planning Services Manager Laura Carstens recommends City Council approval of the
termination of the contract with Lane Kendig, Inc. and authority to seek a refund of prior
expenditures to the extent allowed by law.
It is further recommended that a new Request for Proposals be drafted for a Unified
Development Code and that it be brought back to the City Council at a later date.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/k
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Micl'1ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
January 25, 2006
FROM:
Michael Van Milligan, City Manager
Laura Carstens, Planning Services Manager' ~
TO:
SUBJECT: Contract for Unified Development Code
Introduction
This memo transmits the recommendation of City staff regarding the City's contract with
the consulting firm of Lane Kendig, Inc.
Background
Our intent is to provide a user-friendly ordinance format that implements the goals and
objectives of the Comprehensive Plan, recognizes the diverse physical characteristics
of Dubuque's neighborhoods, and encourages planned and managed growth. The City
Council has directed staff to combine the zoning, subdivision, historic preservation and
sign regulations in a Unified Development Code to meet this goal.
Discussion
The City contracted with Lane Kendig, Inc. in February, 2005 to conduct a
comprehensive update of the City of Dubuque's Zoning and Subdivision Ordinances,
and create a Unified Development Code.
In December, 2005, we learned that the project manager had resigned from the firm.
Over the previous months the work had not been performed in a timely or quality
manner.
City staff from the Consultant Selection Committee and the Technical Advisory
Committee re-interviewed the firm, and then concluded that termination of the contract
is in the best interest of the City.
The ordinance work received to date from the firm has not been of the quality we should
have received under the terms of our contract. Deadlines have been repeatedly
extended, and yet still consistently missed. The work submitted has been "boiler plate"
Contract for Unified Development Code
Page 2
or simply lifted from a previous job without relevance to Dubuque's unique needs,
characteristics, or long range plans. Communication between the firm's project manager
and the Planning Office has not been what we contracted for, and it appears the rest of
the firm has played little or no role in the project.
We believe that we essentially are "starting over", because the ordinance work we have
received to date is not responsive to our needs or goals; it would require significant
revision to respond to the scope of services.
Budget Impact
The City's FY06 budget for the creation of the Unified Development Code is $130,000.
Approximately $50,000 has been paid to Lane Kendig, Inc., leaving a balance of
$80,000 in the project budget.
Recommendation
The Planning Services Department is recommending that the City terminate the contract
with Lane Kendig, Inc.
Legal staff has advised that under the terms of the contract, the City can terminate the
contract for any reason, and also for failure of the consultant to perform in a timely and
proper manner. Planning Services staff intends to seek a refund of the $50,000 in
expenses paid to the firm to the extent possible under Iowa law.
The Planning Services Department is recommending that City staff be authorized to
develop a revised Request for Proposals (RFP) for creation of a Unified Development
Code. This revised RFP would be submitted to the City Council for review and approval
at the February 20, 2006 meeting.
Requested Action
The requested action is for the City Council to approve the termination of the contract
with Lane Kendig, Inc., to seek refund of prior expenditures to the extent allowed by law,
and to authorize staff to develop a revised RFP for creation of a Unified Development
Code.
cc Cindy Steinhauser, Assistant City Manager
Barry Lindahl, Corporation Counsel
Tim O'Brien, Assistant City Attorney
Kyle Kritz, Associate Planner