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Development Code terminate contract Dii~~E ~~~ 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 ;1t tev-, It. Micl'1ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager i5U~~E ~<k~ 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