Ordinance No. 15,183 ORDINANCE NO. 15,183
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KENDIG
KEAST COLLABORATIVE, INC., FOR PROFESSIONAL PLANNING AND
ORDINANCE WRITING SERVICES RELATED TO THE DEVELOPMENT OF THE
UNIFIED LAND DEVELOPMENT CODE; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED NINE
THOUSAND FIVE HUNDRED AND NO 100 DOLLARS ($309,500.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs
the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with Kendig
Keast Collaborative, Inc., for professional planning and ordinance writing services related to the
development of the Unified Land Development Code. A copy of said agreement is attached hereto as
Exhibit"A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Kendig Keast
Collaborative, Inc., in an amount not to exceed THREE HUNDRED NINE THOUSAND FIVE
HUNDRED AND NO 100 DOLLARS ($309,500.00) for professional services in accordance with the
agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or
an increase in costs by FIFTY THOUSAND AND NO. 100 DOLLARS ($50,000.00) or less.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 25"day of August,2022.
�pYT0WN NDON CAPETILLO, Mayor
TEST: �OF�,o.•....,°,;°rc�
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ANGELA ACKSON, tit ler co
APPROVED A TO
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SCOTT LEM D,City Attorney
R:'••Karen Anderson.ORDINANCES 2022 2022 08 25 PSAwithKendigKeast-ULDCUpdates.docx
EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
UNIFIED LAND DEVELOPMENT CODE(ULDC)
for
BAYTOWN,TEXAS
STATE OF TEXAS §
§ KNOW BY THESE PRESENTS:
COUNTY OF HARRIS/CHAMBERS§
This Agreement made this day of 2022,by and between the Baytown,Texas,acting by
and through Rick Davis, City Manager, hereinafter referred to as the "CLIENT," and Kendig Keast
Collaborative,an Illinois Corporation,acting by and through its Chief Executive Officer,Mr. Bret C.Keast,
with an office located at 1415 Highway 6 South,Suite A-300,Sugar Land,Texas,77478,hereinafter referred
to as the"CONSULTANT,"do hereby make and enter into the following Agreement.
ARTICLE I
CONSULTANT
1.1 The CONSULTANT, as an independent contractor, covenants and agrees to perform the
professional planning services related to the Unified Land Development Code (ULDC) as
described in Article II,Scope of Services. Such services shall be performed by the CONSULTANT
in strict accordance with the terms of this Agreement and for the consideration stated. Subject to
the provisions of Article VI below, CONSULTANT covenants and agrees to perform the specific
services identified in Exhibit"A"—Scope of Services. The CONSULTANT shall complete the Scope
of Services and shall submit deliverables to the CLIENT as identified in Exhibit "A" —Scope of
Services.
1.2 The CONSULTANT shall provide its services under this Agreement with the same degree of care,
skill,and diligence as is ordinarily provided by a professional planner under similar circumstances
for the preparation of a Unified Land Development Code (ULDC) and to which the Agreement
applies.
ARTICLE II
SCOPE OF SERVICES
2.1 The CONSULTANT will perform the professional planning services related to the development of
the Unified Land Development Code(ULDC)as set forth in Exhibit"A"—Scope of Services,which
is attached and made a part of this Agreement.
2.2 Pursuant to this Agreement, the CLIENT shall have the option to obtain the services of the
CONSULTANT to perform Additional Services. All such Additional Services shall be described
in a written Amendment to this Agreement, as provided by Article X, Changes or Termination,
including description of the additional work, associated compensation, and time schedule as
applicable. By way of illustration,matters which may constitute Additional Services shall include,
but are not limited to, the following:
Page 1 of 10
(a) Requested additional workshops or meetings other than the number identified in the Scope of
Services and project schedule that require added preparation or follow-up or displace other
planned trip activities;
(b) Requested additional trips other than the number identified in the Scope of Services and Project
schedule;
(c) Requested additional days or nights added to a scheduled trip that require additional time and
direct expenses(e.g.,meals,hotel nights,extended car rental and gasoline use,airline change
fees,extended airport parking,etc.);
(d) Other requested work tasks, study activities, or documentation not foreseen or specifically
identified in the Scope of Services;
(e) Requested additional deliverables or additional physical copies of deliverables,including the
submission at key milestones of draft and final written reports or maps other than those
specified,or in a quantity greater than the number identified,in the Scope of Services,
(f) Requested additional revisions(individual or cumulative) to draft and final deliverables that
are beyond the single comprehensive round of revisions that are to be collected,consolidated,
and annotated by the CLIENT as specified in the Scope of Services;
(g) Requested review and provision of recommendations relating to other planning or
development related issues and matters other than those for which such findings and
recommendations are specified in the Scope of Services;
(h) Further requested changes to a deliverable which the CONSULTANT has already revised
based on review comments and which the CLIENT has already accepted as revised,and which
the CONSULTANT determines to be significant and substantive changes to a deliverable
already at a point of substantial completion in accordance with the Scope of Services and
available budget;and
(i) Other related or unrelated professional planning services that may be requested by the
CLIENT which are not specified in the Scope of Services.
ARTICLE III
CONSULTANT PERSONNEL
3.1 The CONSULTANT represents that it has or will secure at its own expense,all personnel required
in performing the services under this Agreement. Such personnel shall not be employees of or
have any contractual relationship with the CLIENT.
3.2 The CONSULTANT may contract with subconsultants for portions of the work or services under
this Agreement with the prior written approval of the CLIENT.The subconsultants to be utilized
include Madden Planning and Messer, Fort & McDonald. Any work or services subcontracted
hereunder shall be specified by a written agreement and shall be subject to the provisions of this
Agreement.
ARTICLE IV
SUPPORT SERVICES
4.1 The CLIENT agrees to provide the CONSULTANT with support services during conduct of the
services listed in Article II,Scope of Services. Support services will include the services described
in Exhibit"B"—Support Services,which is attached and made a part of this Agreement.
Page 2 of 10
4.2 To the extent authorized by law, the readily available existing data and documentation obtained
by the CLIENT that are relevant to the accomplishment of the Scope of Services specified in Article
II shall be made available by the CLIENT for use by the CONSULTANT.
4.3 The CLIENT shall consider and act on all documents and project work items submitted by the
CONSULTANT that require review, comments or approval by the CLIENT within a timeframe
specified in Exhibit "A" Scope of Services and/or in the project schedule so as to enable the
CONSULTANT to complete the work on schedule as provided in Article V of this Agreement.
4.4 The CLIENT agrees to provide the CONSULTANT with support services needed to organize,
schedule, notify, provide meeting locations, conduct meetings, and prepare minutes of meetings
including committees, workshops, public meetings, and public hearings as described in Exhibit
"B" — Support Services. The CONSULTANT will advise and coordinate with the CLIENT to
accomplish these support services.
4.5 In the event CLIENT fails to provide any of the needed Support Services in a timely or adequate
manner,as documented in a progress report,any additional time or expenses incurred or required
by CONSULTANT as a result of such failure shall be compensated on a basis of reimbursement of
Actual Costs Incurred ("ACI") by CLIENT in the same manner as, and shall be considered to be,
Additional Services.
ARTICLE V
TIME OF PERFORMANCE
5.1 The CONSULTANT shall commence services upon execution of this Agreement and receipt of
written Notice-to-Proceed from the CLIENT.
5.2 The CONSULTANT shall make a good faith effort to complete the services described in Article II,
Scope of Services within eighteen(18)months from receipt of written Authorization to Proceed by
the CLIENT,unless one or more of the following occur:
(a) This Agreement is terminated in accordance with Article X,Changes or Termination;
(b) The Scope of Services and/or Time of Performance are changed in accordance with Article II,
Scope of Services or Article X,Changes or Termination;or
(c) Matters documented by CONSULTANT in progress reports render such completion schedule
impossible or impractical.
5.3 The completion schedule set forth in Section 5.2 may be subject to causes that result in delay over
which neither the CONSULTANT nor the CLIENT has any control. Notification and justification
for any such delays identified by the CONSULTANT must be included in progress reports. The
schedule of work will be extended to include any such delays pursuant to Article X, Changes or
Termination.
5.4 This Agreement shall terminate upon the CLIENT's final acceptance of work completed by the
CONSULTANT,unless otherwise terminated or modified as hereinafter provided.
Page 3 of 10
ARTICLE VI
COMPENSATION TO CONSULTANT
6.1 The CLIENT shall compensate the CONSULTANT for the professional services performed under
this Agreement. For the Basic Services described in Exhibit"A"Scope of Services under Article II,
Scope of Services, the CLIENT shall pay to the CONSULTANT on a basis of reimbursement of
Actual Costs Incurred ("ACI") an amount of three hundred nine thousand five hundred dollars
($309,500.00). ACI includes salary costs, overhead, direct expenses, and profit. The above ACI
amount may be modified pursuant to Article X,Changes or Termination,in the event of increased
cost, change in the Scope of Services, an extension of time beyond that specified in Section 5.2, or
an increase or decrease in the complexity or character of the work. In addition to ACI, CLIENT
agrees to compensate CONSULTANT on a basis of reimbursement of Actual Costs Incurred
("ACI")for any Additional Services as provided by Article II,Scope of Services,provided that such
Additional Services are agreed upon in writing prior to their being undertaken. The cost of such
Additional Services shall be invoiced separately by CONSULTANT and paid by CLIENT upon
receipt of billing for such services. Such payments shall be in addition to and have no bearing on
the above ACI amount. Payments by CLIENT under this Agreement, including the timeliness of
payment and the payment of interest on overdue amounts, are subject to Chapter 2251, Texas
Government Code.
6.2 Each invoice from the CONSULTANT shall be due and payable by the CLIENT upon receipt by
the CLIENT,subject to the terms of Section 6.1.The billing statement,certified true and correct by
CONSULTANT,shall show the total amount paid and the amount due and payable as of the date
of the current statement. Amounts paid and due for Additional Services shall be identified on a
separate invoice.
6.3 The terms of this Agreement are contingent upon sufficient appropriations and authorization being
made by the CLIENT for the performance of this Agreement. If at any time during the period of
performance under this Agreement, sufficient appropriations and authorization are not made by
the CLIENT,this Agreement shall terminate upon written notice being given by the CLIENT to the
CONSULTANT. In such event, CLIENT shall comply with the provisions of Section 10.4 below.
The CLIENT's decision as to whether sufficient appropriations are available shall be accepted by
the CONSULTANT and shall be final.
ARTICLE VII
PRODUCT OF SERVICES.COPYRIGHT
7.1 The CONSULTANT and the CLIENT mutually agree that reports,maps and materials prepared or
developed under the terms of this Agreement shall be delivered to and become the property of the
CLIENT. The CONSULTANT shall have the right to retain copies and to utilize the product of
services for marketing purposes,except for any confidential information,as defined in Article XI,
hereof.
7.2 The CONSULTANT shall furnish the CLIENT with the number of copies of reports as shown in
Exhibit"A"—Scope of Services.
Page 4 of 10
7.3 Nothing produced in whole or in part by the CONSULTANT under this Agreement shall be the
subject of an application for copyright by or for the CONSULTANT. The CONSULTANT will use
existing proprietary software as required.
ARTICLE VIII
PRIVATE INTERESTS OF PUBLIC OFFICIALS AND CONSULTANT
8.1 No official, employee, agent, or member of the local public body of the CLIENT shall have any
financial interest,direct or indirect in this Agreement or the proceeds thereof.
ARTICLE IX
CERTIFICATIONS OF CONSULTANT
9.1 The CONSULTANT has not employed or retained any company or person,other than a bona fide
employee working solely for the CONSULTANT,to solicit or secure this Agreement,and it has not
paid or agreed to pay any company or person,other than a bona fide employee working solely for
the CONSULTANT, any fee, any commission, percentage, brokerage fee, or any other
consideration,contingent upon or resulting from the award or making of this Agreement.
9.2 The CONSULTANT presently has no interest and shall not acquire any interest,direct or indirect,
which would conflict in any manner or degree with the performance of services under this
Agreement.
ARTICLE X
CHANGES OR TERMINATION
10.1 This Agreement may not be altered,changed or amended except by instrument in writing executed
by the parties hereto.
10.2 The CLIENT may, from time to time, request changes in the Scope of Services and/or time of
performance for the services of the CONSULTANT to be performed hereunder. Such changes,
including any increase or decrease in the amount of the CONSULTANT'S compensation, which
are mutually agreed upon by and between the CLIENT and the CONSULTANT, shall be
incorporated in written amendments to this Agreement.
10.3 This Agreement may be terminated before the termination date stated in Article V, Time of
Performance,by any of the following conditions:
(a) Right of Either Party to Terminate for Cause-This Agreement may be terminated by either of
the parties hereto for failure by the other party to perform in a timely and proper manner its
obligations under this Agreement. A signed, written notice of such termination shall be
delivered to the other party by express mail with point-by-point tracking and such termination
shall take effect twenty(20)days after the notice is deposited in the express mail,provided that
the failure to perform has not been remedied by that time. By such termination,neither party
may nullify obligations already incurred for performance or failure to perform before the date
of termination.
Page 5 of 10
(b) Right of the CLIENT to Terminate for Convenience-This Agreement may also be terminated
by the CLIENT for reasons other than failure by the CONSULTANT to perform in a timely
manner and proper manner its obligations under this Agreement. A signed,written notice of
such termination shall be delivered to CONSULTANT by registered or certified mail and such
termination shall take effect not less than seven (7) days following the date the notice is
received by the CONSULTANT.
10.4 Upon receipt of a notice of termination under any of the conditions under Sections 6.3 or 10.3 above,
the CONSULTANT shall,unless the notice otherwise directs,immediately discontinue all services
in connection with the performance of this Agreement. Within thirty(30)days after receipt of the
notice of termination, the CONSULTANT shall submit a Final Statement, showing the services
performed under this Agreement prior to the effective date of termination. Such Final Statement
shall also include any unpaid amounts or unreimbursed expenses, as well as any financial
obligations incurred by CONSULTANT on behalf of CLIENT and which cannot reasonably be
refunded to CONSULTANT, all of which CLIENT agrees to pay upon receipt of said Final
Statement. Data and study products prepared by the CONSULTANT and paid for by CLIENT
under this Agreement shall be delivered to the CLIENT if requested.
10.5 Notwithstanding the provisions of this Article X, the CONSULTANT shall not be relieved of
liability to the CLIENT for damages sustained by the CLIENT by virtue of any negligent act or
omission or any breach of this Agreement by the CONSULTANT.
ARTICLE XI
CONFIDENTIALITY
11.1 Any information determined to be confidential that is provided to the CONSULTANT by the
CLIENT or obtained or developed by the CONSULTANT for the benefit of the CLIENT in the
performance of this Agreement shall be kept confidential and shall not be made available to any
individual or organization by the CONSULTANT without prior written approval of the CLIENT.
ARTICLE XII
INSPECTION OF RECORDS
12.1 The CONSULTANT shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this Agreement and
such other records as may be deemed necessary by the CLIENT to assure proper accounting for all
project funds. These records will be retained for three years after the expiration of this Agreement.
12.2 Any time during normal business hours and as requested by the CLIENT,the CONSULTANT shall
make available to the CLIENT for examination all of its project records with respect to all matters
covered by this Agreement and will allow the CLIENT to review,examine,and make excerpts from
such records,and to make copies of all contracts,invoices,materials,payrolls,records of personnel
conditions of employment, and other data relating to all matters covered by this Agreement. The
financial records of the CONSULTANT are maintained in its corporate office located in Sugar
Land,Texas, and copies will be available upon request in a timely manner in this office for audit
purposes to the CLIENT or its authorized representative.
Page 6 of 10
ARTICLE XIII
INSURANCE
13.1 Insurance
A. The CONSULTANT agrees to maintain Worker's Compensation Insurance to cover all of its
own personnel engaged in performing services for the CLIENT under this contract in the
following amounts:
Worker's Compensation: Statutory
B. The CONSULTANT also agrees to maintain Commercial General Liability, Business
Automobile Liability,Umbrella Liability,and Errors and Omissions Insurance,covering claims
against the CONSULTANT for any incidents arising in the course of work performed under
this Agreement,in the following amounts:
Commercial General Liability Insurance: Personal injury and property damage --
$1,000,000.00 combined single each occurrence and$2,000,000.00 general aggregate
Business Automobile Liability for all vehicles: Bodily injury and property damage --
$1,000,000.00 combined single limit each occurrence
Umbrella Liability:$2,000,000.00
Errors and Omissions:$1,000,000.00
ARTICLE XIV
MISCELLANEOUS PROVISIONS
14.1 Force Majeure. Neither the CLIENT nor the CONSULTANT shall be required to perform any term,
condition,or covenant of this Agreement while such performance is delayed or prevented by acts
of God, material or labor restriction by any governmental authority, terrorism, civil riot, floods,
hurricanes,or other natural disasters, any other cause not within the control of the CLIENT or the
CONSULTANT that by the exercise of due diligence the CLIENT or the CONSULTANT is unable,
wholly or in part,to prevent or overcome and supersedes all prior agreements and understanding
between CLIENT and CONSULTANT concerning the subject matter of this Agreement.
14.2 Entire Agreement. This Agreement constitutes the entire agreement between the CLIENT and the
CONSULTANT. No other agreements,amendments,modifications,implied or otherwise,shall be
binding on any of the parties unless set forth in writing and signed by both parties.
14.3 Choice of Law. The CLIENT and the CONSULTANT agree that this Agreement shall be construed
in accordance with the laws of the State of Texas
14.4 Dispute Resolution. Any dispute,controversy or claim between the parties shall be resolved in the
following manner:
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The parties will attempt in good faith to resolve any dispute,controversy or claim arising out of or
relating to this Agreement promptly by negotiation between designated executives or other
representatives of the parties who have the authority to settle the controversy. No terms of
resolving the dispute,controversy or claim discussed or offered shall be binding on either party or
otherwise detrimental to the interest of either party in the event it is not resolved by negotiation.
The disputing party shall give the other party written notice of the dispute by registered or certified
mail. Within ten (10) days after receipt of said notice, the receiving party shall submit to the
disputing party a written response. Unless shown otherwise, receipt will be presumed to have
occurred three (3) days following the mailing. The notice and response shall include: (a)a
statement of each party's position and a summary of the evidence and arguments supporting its
position; and (b) the name and title of the designated executive or other representative who will
represent the party in negotiations. The negotiators so designated shall meet at a mutually
acceptable time and place within twenty(20)days of the date of receipt by the receiving party of
the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange
relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty (30) days of the meeting of the
designated executives or representatives, the parties shall endeavor to settle the dispute by non-
binding mediation.
If the matter has not been resolved pursuant to the aforesaid non-binding mediation procedures
within ninety (90) days of the commencement of such procedure, parties are free to bring their
claim in a court of law. Venue for all actions brought pursuant to this Agreement is in Harris and
Chambers Counties,Texas;and all parties consent to Harris and Chambers Counties,Texas,being
the exclusive jurisdiction to resolve said claims or controversies arising pursuant to this
Agreement.
14.5 Severability. If one or more of the provisions of this Agreement,or the application of any provision
to any party or circumstance,is held invalid,unenforceable,or illegal in any respect,the remainder
of this Agreement and the application of the provision to other parties or circumstances shall
remain valid and in full force and effect.
14.6 Notice. Any notice required to be given pursuant to the terms and provisions of this Agreement
shall be in writing and shall be mailed by certified or registered mail addressed as set forth below
or at such other address as may be specified by written notice:
CLIENT: Martin Scribner
Director of Planning&Development Services
2401 Market Street
Baytown,Texas 77520
CONSULTANT: Bret C. Keast,Chief Executive Officer
Kendig Keast Collaborative
1415 Highway 6 South,Suite A-300
Sugar Land,Texas 77478
Page 8 of 10
14.7 Assignment. The CONSULTANT shall not assign any interest on this Agreement,and shall not
transfer any interest in the same(whether by assignment or novation),without the prior written
consent of the CLIENT thereto. Provided however,that claims for money by the CONSULTANT
from the CLIENT under this Agreement may be assigned to a bank, trust company, or other
financial institution without such approval. Written notice of any such assignment or transfer
shall be furnished promptly to the CLIENT.
14.8 Successors and Assigns. The CLIENT and the CONSULTANT each binds itself and its
successors,executors, administrators and assigns to the other parties of the Contract and to the
successors,executors,administrators and assigns of such other parties,in respect to all covenants
of this Agreement. Nothing herein shall be construed as creating any personal liability on the
part of any officer,board member, commissioner,employee or agent of any public body, which
is a party hereto.
14.9 Reports and Information. The CONSULTANT, at such times and in such forms as the CLIENT
may require, shall furnish the CLIENT such periodic reports as it may request pertaining to the
work or services undertaken pursuant to this Agreement,the cost and obligations incurred or to
be in connection therewith,and any other matter covered by this Agreement.
14.10 Incorporation of Provisions Required by Law. Each provision and clause required by law to be
inserted into the Agreement shall be deemed to be enacted herein and this Agreement shall be
read and enforced as though each were included herein. If through mistake or otherwise any
such provision is not inserted or is not correctly inserted, the Agreement shall be amended to
make such insertion on application by either party.
14.11 Waiver. The failure on the part of any party herein at any time to require the performance by any
other party of any portion of this Agreement shall not be deemed a waiver of,or in any way affect
that party's rights to enforce such provision or any other provision. Any waiver by any party
herein of any provision hereof shall not be taken or held to be a waiver of any other provision
hereof or any other breach hereof.
14.12 Survival. Any and all representations and conditions made by the CONSULTANT under this
Agreement are of the essence of this Agreement and shall survive the execution, delivery and
termination of it, and all statements contained in any documents required by the CLIENT,
whether delivered at the time of the execution or at a later date, shall constitute representations
hereunder.
14.13 Cumulative Remedies. In the event of default by any party herein,all other parties shall have all
rights and remedies afforded to it at law or in equity to recover damages and to interpret or
enforce the terms of this Agreement. The exercise of any one right or remedy shall be without
prejudice to the enforcement of any other right or remedy allowed at law or in equity.
14.14 State or Federal Laws. This Agreement is performed in Baytown, Texas, and is subject to all
applicable federal and state laws,statutes,codes,any and applicable permits, ordinances,rules,
orders, and regulations of any local, state, or federal government authority having or asserting
jurisdiction.
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14.15 Equal Employment Opportunity. In the performance of this Agreement,the CONSULTANT will
not discriminate against any employee or applicant for employment because of race, color,
religion, age, sex, or national origin. The CONSULTANT will, in all solicitations or
advertisements for employees placed by or on behalf of it, state that it is an Equal Opportunity
Employer.
14.16 Multiple Originals. Two (2) copies of this Agreement are executed; each shall be deemed an
original.
The parties have executed this Agreement in duplicate originals.
This day of 12022.
FOR BAYTOWN: FOR KENDIG KEAST COLLABORATIVE:
By: By:
Rick Davis Bret C. Keast,AICP
City Manager Chief Executive Officer
ATTEST:
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EXHIBIT"A"
UNIFIED LAND DEVELOPMENT CODE UPDATE
SCOPE OF SERVICES
Overview
Under contract to the City of Baytown, Kendig Keast Collaborative(KKC),together with Madden Planning
and Messer, Fort & McDonald, will provide professional ordinance writing services to assist the City in
creating an update LDC. This work effort will be centered on updating and rewriting the zoning
regulations, streamlining procedures, and establishing good standards to achieve quality, sustainable
development outcomes.
Project Administration
KKC will coordinate with City staff to develop a project schedule. The schedule will include the dates of
deliverables, periods of review, and meetings for the duration of the project. The schedule will be
coordinated so that the City's Project Director can provide status reports to the Planning and Zoning
Commission, City Council and other boards and commissions at regular milestones in the ordinance
development process.
KKC will complete project management activities to ensure schedule adherence,cost control,and quality
assurance.These activities will include:
• Preparation and maintenance of the project schedule.
• Frequent communication and coordination with the City's Project Director.
• Submittal of written progress reports in conjunction with each monthly invoice.
CORE PROJECT SERVICES
The core services of Phase I are divided into five distinct stages:
1. Review and Analysis
2. Public Engagement
3. Evaluate Form-Based Districts
4. Code Drafting
5. Implementation
Within each stage is a series of tasks and subtasks. The scope of services made up of these tasks and
subtasks is set out below.
STAGE 1: Review and Analysis
1.1 Project Orientation
• Meet with City Staff via teleconference to:
— Establish the project logistics, methods and timing of communications, schedule adherence,
and roles of the Staff Technical Team (STT).
— Discuss the count and makeup of the Stakeholders'Advisory Committee (SAC).
— Lay out and discuss a detailed schedule for the project.
— Discuss the structure and membership of a Code Advisory Committee(CAC).
— Identify needed data and information:
o Three-to-five-year history of variance requests;
o Five-year history of zoning cases and development agreements;
o GIS analysis of land use/zoning discrepancies;and
o A list of staff comments and noted changes on the applicable ordinances.
• Establish the times for bi-weekly teleconferences with the Project Director, which will occur on
an as needed basis.
• Coordinate with the City's Project Director to make arrangements for the staff-led tour(Task 1.2)
and the initial public engagement activities(Stage 2).
Meeting(s): Staff-led tour of the City and ETJ,Self-guided tours
Deliverable(s): None for this task
1.2 Field Reconnaissance
• Acquire and review all existing conditions data,development case information and GIS mapping,
(e.g.,zoning layer).
• Attend a one-half day city-wide tour lead by City Staff to observe older area warranting
conservation or redevelopment,along with more recent development examples.
• Visit development projects and sites that represent best practice applications and pending project
sites for discussion of how the new ULDC may achieve better outcomes.
• Develop a photographic inventory to capture development types,forms, and patterns.
Meeting(s): Staff kick-off teleconference (virtual)
Bi-weekly calls with the Project Director
Deliverable(s): Project schedule
1.3 ULDC and Policy Document Review
• Review plans,studies,and other local and regional planning and engineering documents that may
affect or influence the new regulations, including their policies and the recommended strategies,
projects and initiatives that warrant code changes.These may include:
— Strategic Plan FY23-27
— 2040 Comprehensive Plan
— Downtown Master Plan
— Mobility Plan
— Market Street Corridor Study
— Standard Construction Documents and Reports
• Develop a matrix that identifies are code-related recommendations.
• Perform a thorough review of Subpart B, Land Development Code,along with landscaping and all
other related provisions in the Code of Ordinances, including:
— Code of Ordinances Land Development Code:
o Chapter 110, Floods
o Chapter 112, Off-Street Parking
o Chapter 118,Signs
o Chapter 126,Subdivisions
— Appendix A, Unified Land Development Code
Meeting(s): Staff teleconference
Deliverable(s): Plan implementation matrix
1.4 Development Code Framework
• Assemble the deliverables of the earlier tasks together with a constructive critique of the current
ordinances to formulate a presentation that articulates our findings and the recommendations.
• Coordinate with City Staff in their comparative analysis of the current zoning map and the future
land use plan.
• Review and summarize the gaps and deficiencies of the existing codes.
• Perform a constructive critique of the code text and an on-the-ground performance assessment
of the degree to which the regulations achieve the expectations of the community.
• Outline a proposed strategic approach for assembling,editing current and writing new regulations
and gaining consensus along the course of ULDC production.
• Produce a Proposed Annotated Outline of the new ULDC.
• Present the Development Code Framework to the:
— Stakeholders'Advisory Committee (SAC);
— Planning and Zoning Commission (PZ); and
— City Council (CC).
Optional: A lot-by-lot inventory of within the city limits to provide the use of each
parcel, housing and lot vacancies, and undeveloped land. The inventory would be used in the
subsequent stages of work, as follows:
- Identify land use/zoning conflicts and warrants for rezoning;
- Revisit the future land use plan based on existing land use and areas of use transition;
- Locate and map vacant/undeveloped properties, which may be used in follow-up special area
planning, as well as for infill and redevelopment strategies and standards development,
- Map public/private parks, dedicated open spaces, and linear greenway corridors;
- Overlay the floodways,floodploins, wetland and riparian areas, and other environmentally
sensitive lands to demark areas for resource protection and preservation;and
- Map all state, county, and city-owned properties, as data is readily available.
Meeting(s): Staff teleconference
Stakeholders'Advisory Committee(SAC)meeting
Planning and Zoning Commission (PZ) meeting
City Council (CC) meeting
Deliverable(s): Development Code Framework presentation
Annotated Outline
STAGE 2: Public Engagement
2.1 Baytown Engage
• Provide materials to the City's Project Director to populate the Baytown Engage site.
2.2 Introductory Meetings
• Spend one-half day meeting with the STT to:
- Hear their experiences in administering and enforcing the current land development codes;
- Solicit their ideas and recommendations for needed changes and improvements; and
- Review the processes for application intake, interdepartmental and agency review,
commenting, problems encountered and the timeline for each step for each application type.
• Kick off the project with an SAC meeting to explain their roles and responsibilities,confirm their
code review and meeting commitments,and initiate the conversation with issues identification.
• Provide a PowerPoint presentation for each SAC meeting conducted during Stage 4,Code
Drafting,for use by City Staff to present at community meetings or events.
Meeting(s): STT meeting(in-person)
SAC meeting(in-person)
Joint Meeting of Boards and Commissions
Deliverable(s): PowerPoint presentations
2.3 Focus Group Listening Sessions
• Coordinate with the City's Project Director to identify groups of persons to participate in four
50-minute listening sessions,which may include:
- Neighborhood associations and leaders;
- Civic groups and organizations;
- Industrial Plant Managers,and
- Harris or Chambers County Officials.
• Facilitate each session to:
- identify in-town developments that are deemed of"good or exemplary"character or quality;
- outline what is being done well relative to desirable elements of development,(e.g., building
or site design,signage, landscaping or buffering,screening,etc.)to be retained;
- articulate general or specific provisions that are difficult or problematic and their solutions;
- note possible improvements to the current regulations and processes;
- identify certain neighborhoods or areas warranting conservation,infill or redevelopment;and
- discuss other topics that arise.
• Take notes of key conversation points including the identified issues and solutions,good
development examples,areas of improvement and other suggestions.
Meeting(s): Four,50-minutes focus group meetings(in-person)
Deliverable(s): None for this task
2.4 Stakeholder Interviews
• Provide input as to the makeup of stakeholder groups and the organization and structure of the
small group interview sessions.
• Facilitate up to five, 50-minute meetings with key stakeholders such as:
— Landowners, developers and builders;
— Design professionals,e.g.,engineers,architects and planners;
— Arts,Culture and Entertainment(ACE)Council;
— Business owners and operators; and
— Site selectors and investors.
• Eight, 50-minute meetings with key stakeholders. (ODtionall
• Make note of specific code provisions cited for needing change along with recommended
procedural improvements.
Meeting(s): Four,50-minute stakeholder meetings(in-person)
Deliverable(s): None for this task
2.5 Area or Topical Mini-Workshops(Optional)
• As identified in coordination with City staff, participate and facilitate workshops in smaller
settings and groups of people to address certain topics (which may also warrant an issue paper)
or a geographic area warranting special attention.These workshops would include:
— A welcome message by City Staff or a Public Official;
— Brief opening statement(or presentation when warranted);
— Facilitated discussion(s) (including breakout groups when needed);
— Options, alternatives and solutions question/answer session;
— Closing including what's next and what to expect
• KKC will be responsible for developing and delivering PowerPoint presentations and handout
materials,facilitating discussions and taking notes.
• City Staff is responsible for room reservations and arrangements for presentation, breakout
groups, refreshments, etc.; announcements and notices; advertisement and promotion; and
meeting attendance and follow up.
Meeting(s): Mini-workshops (to be determined)
Deliveroble(s): PowerPoint presentation(s)
Handout materials
STAGE 3: Evaluate Form-Based Districts
3.1 Form Analysis
• Perform an inventory of the defined study area boundaries for the Downtown Arts District and
San Jacinto Boulevard, including:
— Existing lot areas,widths and setbacks;
— Lot and block patterns, sizes and orientations;
— Environmental conditions,constraints and sensitivities;
— Amenities and open spaces;
— Building type,form, massing and placement;
— Width of rights-of-way,alleys and any easements that may constrain improvements;
— Number and width of drive, parking,and turn-lanes;
— Street-side transit improvements;
— Locations and widths of sidewalks;
— Widths of medians and parkways;
— Number and locations of curb cuts;
— Traffic count data and street typologies;
— Soils,topographic and drainage/floodplain;
— Types of street lighting and traffic control devices;
— Trees and landscaping within or adjacent to the right-of-way; and
— Other site characteristics,e.g.,signs, lights,canopy cover, etc.
• Perform an inventory the built and natural environments, including:
— Developed and undeveloped properties;
— Occupied and vacant buildings;
— Landmark structures and other'permanent' building stock;
— Existing land uses and transition needs;
— Pervious and impervious areas;
— Frontage types and characteristics;
— Building types, heights and design characteristics;
— Parking lots and driveways;
— Publicly owned land, buildings and spaces; and
— Natural resources and features.
• Review the and validate the development framework plan, urban design principles and street
cross-sections in the Downtown Master Plan to determine applicability for use in drafting the form
regulations.
3.2 Regulating Plans(facilitated by Madden Planning)
• Develop a regulating plan for each study area that includes graphic depictions of:
— Block size and orientation;
— Building types and frontage conditions;
— Street types;and
— Civic space types.
• Validate and update as necessary the regulating plans based on the input of stakeholders and
the STT,SAC, Planning and Zoning Commission and City Council.
• Utilize the regulating plan to draft form standards for the two study areas.
Meeting(s): Staff meeting to discuss the draft regulating plans(virtual)
One stakeholder meeting per area (in-person)
Deliverable(s): Regulating plans for both study areas
3.3 Illustrated Development Plans(facilitated by KKC)
• Facilitate a three-day design workshop to involve stakeholders in the development of color-
illustrated plans. Facilitate conversations to present and discuss each concept and to glean their
perspectives as to the elements and characteristics that are most desirable and obtainable
(Optional)
• Build on the regulating plans to include more detailed sketches reflecting:
— Cross sections of different street profiles, building frontage types, pedestrian improvements
and streetscape amenities.
— Block and lot proportions relative to walkability,traffic and pedestrian circulation and safety,
property access, on- and off-street parking and loading, and building footprints and lot
coverage.
— Building and use types relative to their scale and operational requirements, location and
proximity to existing and planned or proposed land use typologies, parking and loading
demands, access to public spaces and transit, stormwater management impacts/needs and
compatibility with natural resources.
— Amenities that may be used in different contexts to fulfill objectives: aesthetics, screening,
landscaping, use transitions, green infrastructure, stormwater management, parking, public
art, recreation,etc.
• Develop a three-dimensional computer model of the form areas for scale and massing analyses
during the conceptual design processes. (Optional)
• Deploy via ArcGIS Urban an interactive 3D model that visualizes alternate development
scenarios. (Optional)
Meeting(s): Stakeholder meetings(in-person)
Commission and Council member visits
Design Workshop(Optional)
Scenario Planning Workshop (Optional)
Deliverable(s): Two-dimensional illustrated developments plan for each study area
Browser-based ArcGIS 3D Urban model (Optional)
STAGE 4: Code Drafting
4.1 Online Code Platform
• Create a ULDC project site (separate from the Comprehensive Plan and Bayway Drive Corridor
Plan)for use in drafting,facilitating staff commenting and publishing ULDC drafts.
• Train City Staff to use the password-protected maintenance module to provide comments.
• Build the interactive functionality, e.g., popup definitions, linked cross-references, etc., plus the
following premium features:
— Bufferyard,development yield,fees, landscaping/screening,and signage calculators;
— GIS Bundle including the parcel summary tool, zoning summary and land use lookup;
— ArcGIS Urban for the Downtown Arts District
— Custom indexing
— Site navigator
Meeting(s): User training
Deliverable(s): Web-based ULDC and above identified premium features
4.2 Issue Papers(Optional)
• Write brief issue papers on relevant topics to better facilitate SAC meetings and code drafting,
including topics such as:
— Densities and open spaces;
— Form and design;
— Neighborhood conservation;
— Growth management;
— Sustainability; and
— Procedural reform.
• Present the issue papers during already scheduled meetings.
Meeting(s): None for this task
Deliverable(s): Issue Paper(s)
4.3 ULDC Modules
• Evaluate the existing code text and associated standards to make warranted modifications,
where applicable.
• Perform research of similar or related provisions elsewhere in the code of ordinances to identify
cross references or when provisions warrant repeal and replacement.
• Check the draft regulations regarding applicable statutes to ensure legal consistency.
• Draft the code text, build tables and embed graphics in the online platform.
• Prepare three(3) ULDC modules with each including:
— Organization and content based on the annotated outline;
— Draft deliverables for STT review and comment; and
— Revised draft deliverables.
Deliver each module allowing for three weeks of staff review.
Make necessary edits for each module in response to staff comments
• Summary Pamphlets for distribution to boards, commissions and committees to provide an
executive summary of the key changes between the proposed and current regulations.
(Optional)
Meeting(s): Refer to Task 4.5, Facilitated Discussions
Deliverable(s): Three(3) ULDC modules
4.4 Code Illustration
• Generate graphic illustrations and annotated requirements and standards.
• Organize all graphics in a library file tree format for storing in the online platform.
• Link each graphic to the applicable section number and add a text label to meet Web Content
Accessibility Guidelines
• Produce SketchUp models to illustrate the standards for potential development sites (Optional)
Meeting(s): None for this task
Deliverable(s): ULDC graphics
4.5 Facilitated Discussions
• Conduct teleconferences with city staff to provide status reports and to discuss technical topics,
options and alternatives,and the recommended approach.
• Present to the SAC,with invitations provided for topics relevant to the Planning and Zoning
Commission, Board of Adjustment, Sign Committee and Parks and Recreation Board.
• Attend an open-door public meeting,arranged by City Staff,for persons to seek information,ask
questions and provided input.The meeting is intentionally informal and includes one-on-one or
small group conversions or discussions of topics raised by participants.
• Attend meetings or speak to interest groups during each visit. (Optional)
• Conduct a briefing with the City Council at a midpoint in the code development process.
Meeting(s): Three midpoint staff teleconferences
Three STT meetings
Three SAC meetings
Interest group presentations (Optional)
One midpoint briefing of the City Council
Deliverable(s): Three SAC presentations
One City Council midpoint presentation
4.6 Public Hearing Draft
• Produce a final draft ULDC for public distribution and presentation to the SAC, Planning and
Zoning Commission and City Council.
• Publish the Public Hearing Draft to the web.
• Present the hearing draft to the SAC for their final review and recommendation.
Meeting(s): SAC meeting
Open House (Optional)
Deliverable(s): Public Hearing Draft LDC
Meeting presentations
4.7 Public Hearings
• Present the public hearing draft of the ULDC to the Planning and Zoning Commission, respond to
questions of the Commission and note all proposed amendments.
• Present the ULDC draft recommended by the Planning and Zoning Commission,with proposed
amendments,to the City Council for their consideration of adoption.
Meeting(s): Planning and Zoning Commission public hearing
City Council public hearing
Deliverable(s): Final adopted ULDC
STAGE 5: Optional Services Hourly Rate Basis
The following tasks will be undertaken on a work order authorization and hourly rate basis in accordance
with the Hourly Rate Schedule set our below.
5.1 Start-Up Period Assistance ($19,800 est. based on scope)
• For three months, KKC Staff will:
Provide up to 80 hours'devoted to the review of applications determined by staff to warrant
consultant review and input.
- Attend up to eight, two-hour video-conferences during review of applications to respond to
staff questions.
- Provide up to 40 hours to interact with the staff of other departments to explain the use of
the new regulations.
Utilize the above hours to observe and verbally advise staff on advisable changes to the city's
administrative procedures.
Meeting(s): Three video-conferences
Three interdepartmental review meetings
Deliverable(s): None
5.2 Commission and Board Training ($43,700 est. based on scope)
• Produce a Development Guidebook in enCodePlus that outlines the following:
A summary of processes and procedures for each type of approval or permit covered by the
new regulations;
Schedules for the development application and approval processes; and
- An appendix of new or updated application forms and checklists for the approvals and permits
that are covered by the UDC(also to be prepared for online"fill-in-the-blank"format.
• Conduct individual 60-to-90-minute training sessions for the Board of Adjustment, Planning and
Zoning Commission and City Council,which will include:
- A PowerPoint presentation to familiarize them with the organization and structure of the
ULDC,descriptions of each zoning district and their uses and dimensional standards,overview
of the development and design standards and subdivision regulations, and review of the
summary table of procedures relative to their roles and responsibilities;
- How to utilize enCodePlus to find the information they're looking for,including in the text and
the online map; and
- Provide a general question/answer session.
Meeting(s):
BOA Training Session
Planning and Zoning Commission Training Session
City Council Training Session
Development Applicants Training Session (Optional)
Deliverable(s): Presentations
5.3 Ongoing Assistance (estimates)
• Performance Audit. Conduct an audit to test and validate the success of the ordinance in
achieving certain performance measures: ($9,500)
Amendments Memorandum. Draft a memorandum outlining the recommended amendments,
together with required changes elsewhere in the ordinance(s): ($6,500 est. based on scope)
Draft Amendments. Draft amendments in legislative format: ($5,000 est. based on scope)
Codification Health Check. Review the format and language of amendments,their consistency
with state and federal law,correct numbering, history notes,the effective date,and whether
the ordinances are footnoted and hyperlinked within the document: ($1,000)
One-and Subsequent Year Updates. Perform an integrity assessment to keep the code current
with legal and regulatory changes and to amend it as necessary: ($5,000 est. based on scope)
Meeting(s): Staff meeting to review Amendments Memorandum (included in above fee)
Deliverable(s): Amendments Memorandum
Draft amendments
One-year integrity assessment
5.4 Targeted Public Engagement: Provides a pool of hours and mileage expense for potential use during
the duration of the LILDC project: ($15,000)
Approximate cost for each mini-workshop or additional meeting of the SAC, BOA, PZ or CC
(assumes no additional preparation or new materials, but does require processing the event
results afterward): ($1,750)
Approximate cost for each additional focus group listening session or stakeholder meeting
(assumes no additional preparation, but does require processing the session results afterward):
($725)
• Cost for other targeted outreach (e.g., impromptu "pop-up"activities during a community event
or at specific locations) will vary depending on the nature of the activity, duration, type/number
of personnel involved, level of preparation,etc.
Hourly Rate Schedule
Direct Labor Rates(Average Hourly Rate for Personnel Classification)
CEO $200.00-$225.00
President $160.00-$180.00
Principal Associate/Practice Leader $145.00-165.00
Senior Associate $135.00-$150.00
Associate $100.00-$125.00
Business Administrator $75.00-$90.00
Graphics Associate $60.00-$80.00
Reimbursements
Mileage(Federal rate) Actual mileage cost
Direct Expenses(Supplies, Reproduction,Subsistence,etc.) Actual cost
Baytown Unified Land Development Code(ULDC)
Project Budget
Key Personnel Project Senior
Title - Principal Manager Associate MFM MPA
TOTAL
Hourly Rate $200 $140 $135 $300 $200
Scope Tasks
1.1 Project Orientation $750
1.2 Field Reconnaissance $2,980
1.3 11LDC and Policy Document Review $_2,600
1.4 Development Code Framework $11,200
Subtotal $3,800 $6,440 $7,290 $0 $0 $17,530
Direct Expenses $3.399
TOTAL •- :00 $6,440 $7,290 $0 $0
PHASE 2: PUBLIC ENGAGEMENT
2.1 Baytown Engage $1,080
2.2Introducto Meetings $_8,520
2.3 Focus Group Listening Sessions $1,1_00
2.4 Stakeholder Interviews $1,650
Subtotal $800 $5,880 $5,670 .$0 $0 $12,350
Direct Expenses $3,568
PHAPgaij&ALUATE FORM-BASED DISTRICTS
3.1 Form Analysis _ $13,440
3.2 Regulating Plans _ $4,800
3.3 Illustrative Development Plans $10,800
Subtotal $0 $1,120 $15,120 $0, $12,800 $29,040
Direct Expenses $4,209
• • i CW
PHASE 4: CODE DRAFTING
4.1 Online Code Platform $40,260
4.2 Issue Papers(Optional) $0
4.3 ULDC Modules $113,900
4.4 Code Illustration $12,720
4.5 Facilitated Discussions $28,000
4.6 Public Hearing Draft $22,650
4.7 Public Heari s $10,440
Subtotal $10,400 1 $52,640 1 $65,070 $45,600 1 $14,000 $227,970
Direct Expenses $11,434
TOTAL0• 00