Ordinance No. 10,050CONSULTING SERVICES AGREEMENT
STATE OF TEXAS
KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS
This Agreement is made this Guth day of June.) , 2005, by and between the City
of Baytown, Texas, a home -rule municipality located in Hams and Chambers Counties, Texas,
hereinafter referred to as the "City," and James Duncan and Associates, Inc., a Texas
corporation, hereinafter referred to as the "Consultant"; and the Parties 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
professional services for the development preparation of the Unified Land Development
Code as described in Article II hereof. Such services shall be performed by the
Consultant in accordance with the terms of this Agreement and for the consideration
herein stated. The Consultant covenants and agrees to perform the services in a
professional manner. The Consultant shall complete the scope of work and shall submit
reports to the City as required.
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 such professional under similar
circumstances for the preparation of the Unified Land Development Code and to which
this Agreement applies. The Consultant will further give professional consultations and
advice to the City during the performance of the services under this Agreement.
ARTICLE II.
Scope of Work
2.1 The Consultant will perform the professional services related to the Unified Land
Development Code as set for in Exhibit "A," which is attached and made a part of this
Agreement for all intents and purposes.
2.2 Pursuant to this Agreement, the City shall have the option to obtain the services of the
Consultant to perform additional services. Such additional services shall be described in
a written amendment to this Agreement, as agreed mutually by the City and the
Consultant, including a description of the additional work, associated compensation, and
time schedule as applicable.
Consulting Services Agreement, Page 1
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 City.
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 City. 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 To the extent authorized by law, the readily available existing data and documentation
obtained by the City that are relevant to the accomplishment of the Scope of Work
specified in Article II shall be made available by the City for use by the Consultant.
However, in providing such data and documentation, the City makes no warranty as to
the accuracy or reliability of the same.
4.2 The City shall consider and act on all documents and project work items submitted by the
Consultant that require review, comments or approval by the City within a reasonable
period of time so as to enable the Consultant to complete the work on schedule as
provided in Article V of this Agreement.
4.3 The City agrees to provide the Consultant with support services needed to organize,
schedule, notify, provide, meet, locate, conduct meetings, and prepare minutes of
meetings for the Unified Land Development Code, including committees, workshops,
public meetings and public hearings as described in Article II. The Consultant will
advise and coordinate with the City to accomplish these support 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 City.
5.2 The Consultant shall complete the services described in Article II on or before
, 20_, in accordance with the schedule, which is attached hereto
as Exhibit "B" and incorporated herein for all intents and purposes, unless the scope of
work and time of performance are changed in accordance with Article X.
Consulting Services Agreement, Page 2
5.3 The completion schedule set forth in Section 5.2 may not be subject to causes that result
in delay over which neither the Consultant nor the City has any control. Notification and
justification of any such delays identified by the Consultant must be made in writing and
approved by the City. The schedule of work will be extended to include any such delays
pursuant to Article X.
5.4 Except for the indemnity provided for in Article XIII, this Agreement shall terminate
upon the City's final acceptance of work completed by the Consultant, unless otherwise
terminated or modified as hereinafter provided.
ARTICLE VI.
Compensation to Consultant
6.1 The City shall compensate the Consultant for the professional services performed under
this Agreement. For the basic services described in Exhibit "A," the City shall pay the
Consultant in full payment for services rendered a sum not to exceed ONE HUNDRED
TWENTY-FOUR THOUSAND SEVEN HUNDRED EIGHTY AND NO/100
DOLLARS ($124,780.00). The actual amount of compensation is based upon the fee
schedule, which is attached hereto as Exhibit "C" and incorporated herein for all intents
and purposes. The compensation may be modified pursuant to Article X, in the event of
increased cost, change in the scope of work, time of performance, delays or increase or
decrease in the complexity or character of the work.
6.2 For additional services rendered pursuant to Section 2.2, the City shall compensate the
Consultant in the manner similar to the basic services and in accordance with the
maximum amount payment and other terms as specified in the amendatory agreement
providing for the additional services.
6.3 Payment shall be made only after receipt and acceptance by the City of each milestone
identified in Exhibit `B" and receipt of an invoice therefor. The invoice shall not exceed
the portion of the compensation attributable to the specified milestone completed as noted
in Exhibit "B." Each invoice shall be certified as true and correct by an officer of the
Consultant. Each invoice is due and payable by the City within thirty days following the
date of its receipt by the City or within thirty days of receipt of the invoiced services,
whichever is later. However, the City shall not be obligated to pay the full amount of an
invoice if there is a dispute in the bill tendered by the Consultant to the City for payment.
In such case, the City shall pay only the undisputed amount.
6.4 The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the City for the performance of this Agreement. If at any
time during the period of performance under this Agreement, the City does not make
sufficient appropriations and authorizations, this Agreement shall terminate upon written
notice being given by the City to the Consultant. The City's decision as to whether
sufficient appropriations are available shall be accepted by the Consultant and shall be
final.
Consulting Services Agreement, Page 3
ARTICLE VII.
Product of Services, Copyright
7.1 The Consultant and the City 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 City. The Consultant shall have the right to retain copies and to utilize the
product of its services for marketing purposes, except for any confidential information, as
defined in Article XI hereof.
7.2 The Consultant shall furnish the City with the number of copies of reports as indicated in
Article II.
7.3 Nothing produced in whole or in part by the Consultant under this Agreement shall be
subject to application for copyright by or for the Consultant.
7.4 The Consultant hereby grants and conveys an ownership interest to the City in all work
products relating to the services required to be performed in this Agreement without
additional compensation.
ARTICLE VIII.
Private Interest of Public Officials and Consultant
8.1 No employee, agent or member of the City Council of the City 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 of the Consultant, to solicit or secure this Agreement, and
that it has not been paid or agreed to pay any company or person other than a bona fide
employee working solely for the Consultant, any fee, 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.
Consulting Services Agreement, Page 4
10.2 The City may, from time to time, request changes in the scope of work and 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 City and the Consultant, shall be
incorporated in written amendments to this Agreement.
10.3 This Agreement, with the exception of Sections 13.7 and 13.8, may be terminated before
the expiration date specified in Article V 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 obligation under this Agreement. A signed written notice
of such termination shall be delivered to the other party by registered or certified
mail and such termination shall take effect twenty days after the notice is
deposited in the mail provided that the failure to perform has not been remedied in
full prior to the expiration of the twenty -day period. By such termination, either
party may nullify obligations already incurred for the performances or failure to
perform before the termination date.
b. Right of the City to terminate for convenience. This Agreement may also be
terminated by the City for reasons other than failure by the Consultant to perform
in a timely 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 days
following the date that the notice is deposited in the mail or at 5:00 p.m. on the
date the notice is received by the Consultant, whichever is sooner.
10.4 Upon receipt of a notice of termination under any of the conditions under Section 10.3,
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 the conditions specified in Section 10.3 being met or within thirty (30) days after the
Consultant submits a statement of the actual services performed and payment requested,
or within thirty (30) days after the City's receipt of all data, study products and all other
work products required to be tendered to the City, whichever is later, the City shall pay
the Consultant allowable costs incurred, less previous payments. The City will only be
obligated to compensate the Consultant in a just and equitable manner for those services
actually performed prior to the effective date of termination. Data, study products and all
other work product prepared by Consultant under this Agreement shall be delivered to the
City within thirty (30) days after the receipt of the notice of termination if terminated by
the City or within thirty (30) days after tendering the notice of termination if terminated
by the Consultant.
10.5 Notwithstanding the provisions of Section 10.4 above, Consultant shall not be relieved of
liability to the City for damages sustained by the City by virtue of any negligent act or
omission or any breach of the Agreement.
Consulting Services Agreement, Page 5
ARTICLE XI.
Confidentiality
Any information determined to be confidential pursuant to the Texas Public Information
Act that is provided to or developed by the Consultant 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 City.
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 City 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 City, the Consultant shall
make available to the City for examination all of its project records with respect to all
matters covered by this Agreement and will allow the City 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 will be
available upon request by the City's representative in a timely manner at City Hall in
Baytown, Texas, for audit purposes to the City or its authorized representative. In any
event, the financial records shall be made available to the City within (10) days of the
City's request for the same. All copies made by the City pursuant to this Section shall be
made at the sole cost and expense of the Consultant.
ARTICLE XIII.
Insurance and Indemnification
13.1 Throughout the term of this Agreement, the Consultant at its own expense shall purchase,
maintain and keep in force and effect insurance against claims for injuries to or death of
persons or damages to property which may arise out of or result from the Consultant's
services, whether such services be by the Consultant, its agents, representatives,
volunteers, employees or subconsultants or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable.
13.2 The Consultant's insurance coverage shall be primary insurance with respect to the City,
its officers, agents and employees. Any insurance or self-insurance maintained by the
City, its officials, agents and employees shall be considered in excess of the Consultant's
insurance and shall not contribute to it. All coverage for subconsultants shall be subject
to all of the requirements stated herein.
Consulting Services Agreement, Page 6
13.3 The following insurance shall be required under this Agreement and shall meet or exceed
the minimum requirements set forth herein:
1. Commercial General Liability
• General Aggregate: $1,000,000
• Per Occurrence: $500,000
• Coverage shall be at least as broad as ISO CG 00 01 10 93
• No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance.
2. Business Automobile Policy
• Combined Single Limits: $500,000
• Coverage for "Any Auto"
3. Errors & Omissions (E&O)
• Limit: $500,000
• Claims -made form is acceptable.
4. Workers' Compensation
• Statutory Limits
• Employer's Liability $500,000
• Waiver of Subrogation required.
13.4 Prior to any work being performed on the site, the Consultant shall file with the City
valid Certificates of Insurance and endorsements acceptable to the City. Such
Certificates shall contain a provision that coverage afforded under the policies will not be
canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice
has been given to the City via certified mail, return receipt requested.
13.5 The Consultant shall also file with the City valid Certificates of Insurance covering all
subconsultants.
13.6 The following are general requirements applicable to all policies:
> AM Best Rating of B+; VII or better.
> Insurance carriers licensed and admitted to do business in State of Texas will be
accepted.
> Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage
shall be provided to City of Baytown's representative prior to any work being
performed at the site.
> Liability policies must be on occurrence form. Errors and Omissions can be on
claims -made form.
> Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled or reduced in coverage or in limits except after thirty (30) days'
Consulting Services Agreement, Page 7
13.7
prior written notice by certified mail, return receipt requested, has been given to the
City.
➢ The City, its officers, agents and employees are to be added as Additional Insureds to
all liability policies, with the exception of the Errors and Omissions Policy required
herein.
> Upon request and without cost to the City, certified copies of all insurance polices
and/or certificates of insurance shall be furnished to the City.
➢ Upon request of and without cost to City of Baytown, loss runs (claims listing) of any
and/or all insurance coverage shall be furnished to City of Baytown's representative.
THE CONSULTANT AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE
"CITY"), FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND,
INCLUDING, BUT NOT LIMITED TO, ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF
ANY PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES PROVIDED BY THE CONSULTANT
PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT
OF THE CONSULTANT'S BUSINESS OR ACTIVITIES, OR FROM ANY
OTHER ACT OR OMISSION BY THE CONSULTANT, ITS AGENTS, AND
EMPLOYEES, WHEN PERFORMING SERVICES IN ACCORDANCE WITH
THIS AGREEMENT, WHERE SUCH INJURIES, DEATH OR DAMAGES ARE
CAUSED BY THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER
PERSON OR ENTITY AND/OR BY THE JOINT OR SOLE NEGLIGENCE OF
THE CONSULTANT. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO, BOTH THE CONSULTANT AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
THE CONSULTANT TO INDEMNIFY AND PROTECT THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM THE CONSEQUENCES OF
(I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE
AND/OR (II) THE CONSULTANT'S JOINT AND/OR SOLE NEGLIGENCE.
FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH
SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE
INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE
OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR
ENTITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS
BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE,
THE CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND
THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO
THE CITY.
Consulting Services Agreement, Page 8
The indenmity provided hereinabove shall survive the termination and/or expiration of
this Agreement.
13.8 By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Agreement or any other contract or agreement, any charter, or
applicable state law. Nothing herein shall be construed so as to limit or waive the
City's sovereign immunity. The Consultant assumes full responsibility for its work
performed hereunder and hereby releases, relinquishes and discharges the City, its
officers, agents, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person (whether they be either of the parties hereto, their employees,
or other third parties) and any loss of or damage to property (whether the property
be that of either of the parties hereto, their employees, or other third parties) that is
caused by or alleged to be caused by, arising out of, or in connection with the
Consultant's work to be performed hereunder. This release shall apply with respect
to the Consultant's work regardless of whether said claims, demands, and causes of
action are covered in whole or in part by insurance.
ARTICLE XIV.
Miscellaneous Provisions
14.1 Neither the City nor Consultant shall be required to perform any term, condition or
covenant of this Agreement while such performance is delayed or interrupted by acts of
God, material or labor restrictions by any governmental authority, civil riot, flood,
hurricanes or other natural disasters, any other cause not within the control of the City or
Consultant that by the exercise of due diligence the City or Consultant is unable wholly
or in part, to prevent or overcome and supersedes all prior agreements and understandings
between City and Consultant concerning the subject matter of this Agreement. Any such
delay in performance shall be excused only for the same amount of time as the
occurrence giving rise to the delay shall have lasted or such period of time as is
reasonably necessary after such occurrence abates for the effects thereof to have
dissipated as determined in the sole discretion of the City.
14.2 This Agreement constitutes the entire agreement between the City and Consultant. No
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 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.
Consulting Services Agreement, Page 9
14.4 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:
CONSULTANT
James Duncan and Associates, Inc.
Attn: James B. Duncan
13276 Research Blvd, Suite 208
Austin, TX 78750
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
14.5 The waiver by either party of a breach of any provision of this Agreement shall not
constitute a waiver of any subsequent breach of this Agreement.
14.6 The Consultant shall not assign any interest in this Agreement and shall not transfer any
interest in the same without the prior written consent of the City thereto.
14.7 The City and Consultant each bind itself and its successors, executors and 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 the City.
14.8 The Consultant at such times and in such forms as the City may require, shall furnish the
City such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this Agreement.
14.9 Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be included 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.
14.10 The failure on the part of any party herein at any time to require the performance by the
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 another provision in the future.
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.
14.11 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
Consulting Services Agreement, Page 10
termination of it, and all statement contained in any documents required by the City,
whether delivered at the time of execution or at a later date, shall constitute
representations hereunder.
14.12 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.
14.13 This Agreement is performed in Harris County, Texas, and is subject to all applicable
Federal and State laws, statutes, codes, and any applicable permits, ordinances, rules,
orders and regulations of any local, state or federal government authority having or
asserting jurisdiction.
14.14 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.
14.15 Two copies of this Agreement are executed; each shall be deemed an original.
14.16 The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
14.17 The section headings are used in this Agreement for convenience and reference purposes
only and are not intended to define, limit or describe the scope or intent of any provision
of this Agreement and shall have no meaning or effect upon its interpretation.
14.18 Words of any gender used in this Agreement shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and
vice versa, unless context requires otherwise.
14.19 The officers executing this Agreement on behalf of the parties hereby confirm that such
officers have full authority to execute this Agreement and to bind the party he/she
represents.
IN WITNESS HEREOF, the parties have executed this agreement in duplicate originals
at Baytown, Harris County, Texas.
CITY:
CITY 0
ARY J • SON, City Manager
ATTEST:
G R SMITH, City Clerk
Consulting Services Agreement, Page 11
APPROVED AS TO FORM:
ACIO RAMIREZ, SR. (1 ity Attorney
CONSULTANT:
JAMES DUNCAN AND
ASSOCIATES, INC.
ture
Printed Name
i;)ef totA.-7—
Title
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, y�0\.�, , the undersigned notary public, on this day
personally appeared •JQc(\,1C� �U�Q.+�N , the of James
Duncan And Associates, Inc., on behalf of such corporation
known to me;
(check one)
proved to me on the oath of ; or
proved to me through his/her current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this DC-- day of , 2005.
;• `V7*,.
,�._. �,JOLENE C. MAAS
Notary Public, State of Texas
My Commission Expires
October 07, 2007
My commission expires:
R:\Karen\Files\Contracts\Duncan & Associates\ConsultingServicesAgreement.doc
Consulting Services Agreement, Page 12
Notary Public) in and for the State of
Texas
Exhibit "A"
Work Program
TASK 1— ASSESSMENT
L1 Reconnaissance
The consultant will visit the City as part of its initial reconnaissance. The initial step will be to
interview the City's various staff members and elected and appointed officials, discussing recent
development activity, perceptions of good and bad development, effect of the existing regulations
on development, roadblocks to good development ideas, and the development approval process.
Sessions may begin early or run past the end of the business day, as necessary. The number of
interviews will be mutually agreed upon between the consultant and the City. The City will be
encouraged to keep track of additional issues as they arise throughout the Unified Land
Development Code ("ULDC") process, and forward them to the Consultant for further
consideration. The interviews will be summarized in a brief set of interview notes.
The Consultant will also spend time re -familiarizing itself with the setting of Baytown. Photographs
of the City, with an emphasis on the documentation of land development issues raised during
interviews, will be collected in digital format, and a copy will be provided to the City on CD and in
printed form.
Deliverables: Summary of interviews, CD and hard copy library of photos.
L2 Comprehensive Plan Coordination
The Consultant will review the draft materials prepared by the comprehensive plan consultant as
they are prepared and provide written comment to the City and consultant.
Deliverables: Written comments regarding plan draft materials.
1.3 Critique of Existing Regulations
The consultant will review the existing regulations for their internal merits and constraints in light of
current Texas and federal law, best planning practices, procedural streamlining, and enforceability.
Issues raised will include recommendations from the Consultant that provide guidance for the
inclusion of regulatory responses in the revised ULDC. At a minimum, issues to be considered will
include all issues identified in Proposal #0411-02, and specifically:
• User-friendly elements related to format, fonts and page layout
• Changes needed to implement Baytown 2025 Comprehensive Plan Update concepts
• Existing zoning districts and uses
• Additional zoning districts needed to implement the updated Plan
• Planned unit developments and community developments
• Use -specific standards for problem uses
• Use classification system with sufficient flexibility to address current and future land uses
• Compatibility standards: buffering, screening, separation of uses
• Off-street parking requirements
• Transportation and access management standards
• Site development standards: signs, outdoor lighting, storm -water management, fire protection,
floodplain protection, landscaping
• Review procedures and submittal requirements
• Nonconforming use regulations
• Code enforcement and penalties
• Definitions
• Other code amendments and improvements as may be identified through review.
The written critique will also include an outline of an organizational structure for the new ULDC,
along with proposed page formatting.
Following staff review of the critique, the consultant will discuss the report with key staff. Following
the City's comments, a revised version will be prepared.
Deliverables: Critique initial draft and final with staff revisions.
TASK2 — CODE DRAFTING
This task will constitute the bulk of the ordinance drafting effort, generating a proposed ULDC for
public review. Drafting will occur in modules to ensure ease of review. These modules will contain
(1) Procedures, (2) Districts and Uses, and (3) General Standards and Subdivision Standards, and (4)
Remaining Provisions. Each of the deliverables will be prepared in MS -Word format, and then
converted into a PDF file for e-mail delivery to Baytown along with the MS -Word file.
2.1 Initial Reformat and Reorganization
As part of this task, we will review all sections of the existing Code, and reformat and reorganize
them into the new code outline and format. The numbering system from the existing municipal
code will be employed in the revised draft.
Deliverables: Reformatted and reorganized ULDC.
2.2 Module 1-- Administrative Draft of Procedures
The first component to be provided will include the chapters devoted to development review bodies
and review procedures. This material will include flow charts illustrating the major steps in each
review process, a summary chart of authority (levels of review) incorporating all review processes,
and any other material identified in the outline prepared as part of the critique above.
Deliverables: Draft procedures.
2.3 Module 2 -- Administrative Draft of District and Use Provisions
This material will include district purpose and intent statements, use tables, use definitions, specific
use standards, dimensional standards for all districts, and any other material identified in the detailed
outline.
Deliverables: Draft districts and use provisions.
2.4 Module 3 -- Administrative Draft of General Standards
The consultant will draft general (site) standards, such as landscaping, parking and signs, and the
subdivision standards, including all the appropriate and accepted technical standards meeting City
needs and Texas requirements.
Deliverables: Draft of general and subdivision standards.
2.5 Module 4 -- Administrative Draft of Remaining Provisions
The consultant will draft the remaining provisions of the Code. This material will include the
transitional, nonconforming and enforcement provisions, definitions, and any other material
identified in the detailed outline.
Deliverables: Draft of remaining provisions.
2.6 Staff and DRC Review
Following delivery of each module as described above (2.2 through 2.5) and adequate time for
internal review, the consultant will travel to Baytown once for each module to meet with the staff
and Development Review Committee (DRC) to review the draft. Comments from the City staff will
be provided to the consultant through the Planning and Development Director.
Deliverables: None.
2.7 Draft Consolidation
Following the review of all of the modules, the consultant will consolidate the drafts into a single
document, incorporating all of the comments received to date. Graphics will be completed and
inserted into the document and an index and final layout will be completed. This document will be
provided to the City for review.
Deliverables: Consolidated draft, revisions, graphics, index.
2.8 Staff and Technical Committee Review
Following delivery of the consolidated draft and adequate time for internal review, the Consultant
will travel to Baytown to meet with the City staff and the DRC to review the draft. Comments from
the City staff will be provided to the Consultant through the Planning and Development Director.
Deliverables: None.
TASK3 — CODE ADOPTION
3.1 Public Review Draft
After receiving staff comments on the consolidated draft, the consultant will prepare a revision of
the full draft suitable for publication, public distribution, and review. This code will be provided to
the City in MS -Word format, suitable for modification by the City.
Deliverables: Public Review Draft.
3.2 Draft Zoning Map
The consultant will prepare a draft zoning map based on the future land use map prepared as part of
the revised comprehensive plan using the districts in the new draft ULDC. The map will be
prepared to be compatible with the City's GIS system. The consultant will review the draft map with
the City staff, and make any requested revisions. Following these revisions, the map will be placed
on the City's GIS system. Additional revisions during the course of public review will remain the
City's responsibility.
Deliverables: Draft Zoning Map, including staff revisions.
3.3 Adoption
Following public review, the consultant will prepare a revised draft of the ULDC suitable for
adoption. This draft will include any revisions requested by staff following the public review period.
The consultant will help facilitate two public meetings on this draft — one before the Planning &
Zoning Commission, and one before the City Council, leading up to adoption.
Deliverables: Public Hearing Draft.
3.4 Final Adopted Code
The consultant will prepare a final adopted version of the ULDC for delivery to the City in hard
copy suitable for publication, and MS -Word format for future modification by the City. The
consultant will also prepare the document in PDF format by chapters suitable for publication, public
distribution, and posting on the City's existing website.
Deliverables: Final Adopted Ordinance (1 hard copy and 1 CD with MS -Word and PDF files).
Exhibit "B"
Project Schedule
PHASE I: ASSESSMENT
1.1 Reconnaissance
1.2 Comprehensive Plan Coordination
1.3 Critique of Existing Regulations
PHASE II: CODE DRAFTING
2.1 Initial Reformat and Reorganization
2.2 Module 1: Procedures
2.3 Module 2: Districts and Uses
2.4 Module 3: General and Subdivision Standards
2.5 Module 4: Remaining Provisions
2.6 Staff and Technical Committee Review
2.7 Draft Consolidation
2.8 Staff and Technical Committee Review
Completion
Date
June 30
continuing
August 19
September 16
October 28
December 9
January 20
March 3
March 24
April 21
April 28
PHASE III: ADOPTION
3.1 Public Review Draft
3.2 Draft Zoning Map
3.3 Adoption
a. P&Z
b. Council
3.4 Adopted Document
May 19
May 19
August 7
September 4
10 days after adoption by Council
Exhibit "C"
Compensation
The City shall pay the Consultant for services as set forth in Exhibit A, a lump sum amount of ONE
HUNDRED TWENTY-FOUR THOUSAND SEVEN HUNDRED EIGHTY AND NO/100
DOLLARS ($ 124,780.00), which lump sum includes all anticipated trips and associated trip
expenses, as well as all reimbursable expenses including, but not limited to, telephone, fax, mail, and
overnight shipping. This project will be billed based on the completed milestones for each task as
shown below.
The Consultant agrees that the compensation specified herein includes adequate professional time
and trips to successfully complete the project, and to ensure the City will have a complete ordinance
in its hands prior to project completion dates specified in Exhibit "B."
PHASE I: ASSESSMENT LUMP SUM
1.1 Reconnaissance $9,480
1.2 Comprehensive Plan Coordination $10,800
1.3 Critique of Existing Regulations $10,160
Subtotal $30,440
PHASE II: CODE DRAFTING
2.1 Initial Reformat and Reorganization $5,940
2.2 Module 1: Procedures $7,180
2.3 Module 2: Districts and Uses $8,640
2.4 Module 3: General and Subdivision Standards $12,200
2.5 Module 4: Remaining Provisions $6,480
2.6 Staff and Technical Committee Review $22,080
2.7 Draft Consolidation $6,480
2.8 Staff and Technical Committee Review $5,520
Subtotal $74,520
PHASE III: ADOPTION
3.1 Public Review Draft $3,780
3.2 Draft Zoning Map $5,000
3.3 Adoption $8,880
3.4 Adopted Document $2,160
$19,820
GRAND TOTAL $124,780
ORDINANCE NO. 10,050
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH JAMES DUNCAN AND
ASSOCIATES, INC., FOR THE CREATION OF A UNIFIED LAND DEVELOPMENT
CODE FORTH CITY OF BAYTOWN; AUTHORIZING PAYMENT OF AN AMOUNT
NOT TO EXCEED ONE HUNDRED TWENTY -FIVE THOUSAND AND NO /100
DOLLARS ($125,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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 the City
Manager to negotiate and execute a Professional Services Agreement with James Duncan and Associates,
Inc., for the creation of a Unified Land Development Code for the City of Baytown under terms and
conditions deemed acceptable to the City Attorney and the City Manager.
Section 2: That the City Council of the City of Baytown authorizes payment of an amount not to
exceed ONE HUNDRED TWENTY -FIVE THOUSAND AND NO/ 100 DOLLARS ($125,000.00), pursuant
to the agreement identified in Section I hereof.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO /100
DOLLARS ($25,000.00) or less; however, the original contract price may not be increased by more than
twenty -five percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the
contractor to such decrease.
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 14`h. day of April, 2005.
Q_
CALVIN MUNDINGER, Mayor
ATTEST:
11V .
GARVOW. SMITH ---it Y Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., t Attorney
• R:%KarenTilcs \City Counci1\0rdinanccs120051Apri1 14\AuthorizeContrac14ULDC.doc