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HomeMy WebLinkAbout11 - CC-11 - Professional Services Contract for Plann - 7/5/2016CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 5, 2016 ITEM NUMBER: CC -1 1 SUBJECT: PROFESSIONAL SERVICES CONTRACT FOR PLANNING CONSULTANTS DATE: JUNE 24, 2016 FROM: DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: GARY ARMSTRONG, DIRECTOR OF ECONOMIC & DEVELOPMENT SERVICES/DEPUTY CEO FOR FURTHER INFORMATION CONTACT: KATIE.ANGEL, MANAGEMENT ANALYST katie.angel@costamesaca.gov RECOMMENDATION 1. Approve the Professional Services Agreement with Kimley-Horn, not to exceed $199,000; and 2. Authorize the City Chief Executive Officer to sign the attached Amendment One with Kimley-Horn and Associates. BACKGROUND On October 18, 2015, the City of Costa Mesa issued a request for proposal for a Planning Consultant to work under the direction of the Development Services Director to plan, organize, direct, review, and coordinate the work of the Community Improvement Division within the Development Services Department; to assist in the coordination, implementation and monitoring of community improvement programs; to report to management, governing bodies and community groups; and to do other work as required. Current ongoing programs include the Group Home Enforcement Program, Hotel/Motel Enforcement Program, and Neighborhood Stabilization Program. On May 19, 2016, the City entered into a Professional Services Agreement (PSA) with Kimley-Horn in an amount not to exceed $49,999. There is currently one vacant Assistant Director position in the Development Services Department. Pursuant to the PSA with Kimley-Horn, Sherri Vander Dussen, a consultant at the firm, is currently fulfilling the duties and responsibilities of that position until a permanent Assistant Director can be recruited by the City. ANALYSIS Following the adoption of Ordinance 15-11 by the City Council on November 17, 2015, Development Services has received a large volume of land -use applications to operate group homes or residential care facilities in multifamily residential zones, including 32 Conditional Use Permit (CUP) applications and 5 Special Use Permits (SUP). Additionally, CUP and SUP applicants have submitted reasonable accommodation requests for 20 facilities and have subsequently filed 19 appeals for reasonable accommodation determinations. Those appeals must be heard by the Planning Commission. Key components of the Interim Assistant Director's scope of work include the supervision and preparation of a variety of comprehensive plans, complex research studies, statistics, and reports for written and verbal presentation necessary for Planning Commission hearings of CUP application requests and appeals of Reasonable Accommodation determinations. Additional components of the Interim Director's scope of work include: • Work with Code Enforcement on the enforcement and abatement efforts related to the R1 Group Home Ordinance 14-13 (there are currently 25 pending SUP applications in the R1 Single Family Residential Zone). • Work with local and state agencies to recognize our Ordinances and cooperate with the City in their respective implementation. • Coordinate with the City Attorney's Office in responding to Group Home litigation and Requests for Accommodations, Directors Hearings, and other legal aspects of Ordinance implementation. • Coordinate with City Attorney's Office related to the Motel Long Term Stay Ordinance litigation, and ongoing Motel Inspections by the Fire Department. • Make presentations to the Public, Elected, and Appointed Officials on the status of Group Home and other Community Improvement activities. • Coordinate with Code Enforcement on preparation of a "Dilapidated Apartment" Ordinance and work with Apartment Owners on standards for apartments in the city. • Assist the city's Homeless efforts. • Coordinate with other Divisions in the Development Services Department on Community Improvement activities as necessary • Provide leadership on other Community Improvement issues as assigned by the City Council and City CEO> Based on current staffing needs, workload, and increase in projects, staff believes that planning consultant assistance is essential to functions of the Development Services Department. Attached is the Amendment One to the Professional Services Agreement (PSA) with Kimley-Horn to maintain Ms. Vander Dussen as the interim Assistant Development Services Director and for additional support staff to provide professional services until a permanent Assistant Development Services Director can be hired by the City. FISCAL ANALYSIS Amendment One to the existing PSA is being funded through the City's contingency fund for FY 16/17. Consequently, any expenditures in excess of existing approvals will be required to be pre -authorized with total expenditures not to exceed the approved cap. LEGAL ANALYSIS There is no adverse legal impact anticipated by the Council's taking the recommended action(s), based upon the documents and information provided to this office. CONCLUSION Due to the current vacancy and large increase in land use permits and related activity pertaining to group homes and residential care facilities, staff is seeking authorization to amend the PSA with Kimley-Horn and Associates. GARY ARMSTRONG STEPHEN DUNIVENT Director of Economic & Development Interim Finance Director Services/Deputy CEO Attachment A: Kimley-Horn and Associates Amendment Attachment B: One Purchase Requisition ATTACHMENT 1 AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. This Amendment is made and entered into this of June, 2016, ("Effective Date") by and between the CITY OF COSTA MESA, municipal corporation ("City") and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation registered to do business in California ("Consultant"). WHEREAS, Consultant and City entered into an agreement on April 22, 2016, (the "Agreement") for Consultant to provide services more fully described in City's Fast Track RFP attached as Exhibit "A" and Consultant's responsive Proposal attached as Exhibit "B"; and WHEREAS, Consultant and City desire to amend the Agreement to adjust the amount of compensation from the existing compensation limit of Forty Nine Thousand Nine Hundred and Ninety Nine Dollars ($49,999.00), to a not -to -exceed amount of One Hundred Ninety Nine Thousand Nine Hundred and Ninety Nine Dollars ($199,999.00). NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Section 2.1, Compensation, shall be amended to read, "As compensation for the provision of services outlined in Exhibit "A" and "B" in accordance with this agreement, Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "C," attached hereto and incorporated by reference. Consultant's total compensation shall not exceed One Hundred Ninety Nine Thousand Nine Hundred and Ninety Nine Dollars ($199,999.00). 2. All terms not herein defined shall have the same meaning and use as set forth in the Agreement. 3. All other terms, conditions, and provisions of the successor Agreements not in conflict with this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, A municipal corporation Chief Executive Officer Gary Armstrong, Development Services Director Date: Date: Date: Kimley Horn - Amendment One Interim Finance Director CONSULTANT Date: Signature Name and Title Social Security or Taxpayer ID Number APPROVED AS TO FORM: Date: City Attorney APPROVED AS TO INSURANCE: Date: Risk Management APPROVED AS TO CONTENT: Date: Project Manager ATTEST: City Clerk and ex -officio Clerk Of the City of Costa Mesa Kimley Horn - Amendment One ,k 6 ATTACHMENT 2 CITY OF COSTA MESA, CALIFORNIA Ir Purchase Requisition ❑ Purchase Order ❑Change Order . Amendment (Leave Blank for Time Stam Purchase Order Number (Assigned by Purchasing) Business Unit: City Date Requisitioned: 06/24/16 Department: Development Services Division: Community Improvement Ship To Address: 77 Fair Drive, CM 92626 Contact Person: Silvia Kennerson Phone Number: 5023 Send Copy of P.O. to: ® Contact Person and / or Gary Armstrong ® Request is for Budgeted item(s) ❑ Request is for UNBUDGETED item(s)-(Memo Attached) ❑ Item(s) Pending Budget Amendment Request #_ ❑ Requesting Sole Source (Justification Form Attached) ❑ Fixed Asset Tag Request Item No. Qty Unit Items (Give Full Description: Size, Catalog No. Etc.) Unit Price Estimated Amount 1 1 Amendment One 1 to the Existing Professional Services Agreement $150,000 Confrmed By: Between the City of Costa Mesa and Kimle -Horn and Associates Add $150,000 From the City's Contingency Fund for FY16/17; Not to Exceed $199,999.00 If additional lines are needed, please attach a second sheet. Sales Tax (8.00%): Const./Prof. Svs. Agmt. Completion Date: 04/21/17 Include Shipping Fee: Insurance Required: ® Yes (Certificate attached) ❑ No Estimated Total Cost: $0.00 $0.00 $150,000.00 Item # Account Fund Dept./Org. Program Project Amount (°$ytaC7 a+ Total: $150,000.00 Suggested Vendor: Kimlev-Horn Address: 765 The Citv Dr Suite 200 City, State, Zip Code: Orange, CA 92868 Phone: 714-939-1030 Fax: 714-936-9488 Contact Person/Email: Serine Ciandella Seri ne.0land elIa(aKlmley-Horn.com Proper approvals are required before requisition Ordered By: f� a Departmen irector/f uthorized Signature Approved By: Director of Finance/Purchasing Officer Approved By: Chief Executive Officer (when required) PURCHASING DIVISION USE ONLY Vendor ID: Buyer: Insurance valid thru Ship To/Location: I Due Date: Standard Comments: ACC -ALL - ARR -BLA- CON -DCP- DIS - FCA -FCI- FIX- INS - IS - IST -ORG-QTR - REM - SUB -T&C FINANCE DEPARTMENT USE ONLY - Available Appropriation: ❑ Yes ❑No As of: Confrmed By: REV.2I29I1E