R2003-0027 02-10-03 RESOLUTION NO. R2003-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH DUNKIN, SEFKO AND ASSOCIATES,
INC. FOR LAND USE PLANNING SERVICES ASSOCIATED WITH THE
CREATION OF A UNIFIED DEVELOPMENT CODE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Dunkin,
Sefko and Associates, Inc. a copy of which is attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Dunkin, Sefko and Associates, INC., for land
use planning services associated with the creation of a Unified Development Code.
PASSED, APPROVED and ADOPTED this the 10th day of February ,
A.D., 2003. ~
TOM REID
MAYOR
ATTEST:
/
~I-Y Si~:;RETARY ¢/
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CONTRACT FOR PREPARING A LAND DEVELOPMENT CODE" '
AND RELATED SERVICES
for the City of Pearland, Texas
£xhibit "A"
R2003-27
This CONTRACT is made and entered into this ,/~,/d/'/c-",ff--~?~ ~ 2003 by and between the City of
Pearland, hereinafter called the "City", and Dunkin, Sefko & Associates, Inc., a corporation hereinafter
called the "Planning Consultant".
RECITALS
This CONTRACT is applicable to the furnishing of professional services by the Planning Consultant for
preparing a new Land Development Code and related services, hereinafter called the "Project".
CONTRACTUAL UNDERTAKiNGS
SECTION I
Employment of Planning Consultant
A. Employment of the Planning Consultant:
The City hereby agrees to retain the Planning Consultant to perform professional planning services in
connection with the Project; the Planning Consultant agrees to perform such services in accordance with
the terms and conditions of this CONTRACT.
B. Scope of Services:
The parties agree that the Planning Consultant shall perform such services as are set forth and described
in Exhibit "A", which is attached hereto and thereby made a part of this CONTRACT. The parties
understand and agree that deviations or modifications in the form of written change orders may be
authorized from time to time by the City.
SECTION II
Authorization of Services
No professional services of any nature shall be undertaken by the Planning Consultant pursuant to this
CONTRACT until the Planning Consultant has received written authorization to proceed from the City.
SECTION III
Period of Service
This CONTRACT shall be effective upon execution by the City and the Planning Consultant, and shall
remain in force until terminated under the provisions hereinafter provided in Section XII.
SECTION IV
Coordination With the City
The City shall designate a Project Coordinator through whom the Planning Consultant shall coordinate all
work efforts and meetings/workshops pertaining to the Project. The Planning Consultant shall attend
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meetings at the City of Pearland as determined by the Project Coordinator for the City, in ace6rdance with
the Scope of Services (Exhibit "A") which is attached and thereby made a part of this CONTRACT. The
City shall make available to the Planning Consultant for use in this Project all existing plans, ordinances,
maps, prior studies, statistics, computations and other data in the City's possession pertaining to the Project
which the City might believe could have any relation to the Project. The Planning Consultant may rely
upon the accuracy and completeness of such plans, maps, studies, statistics, computations and/or other data
provided to him by the City unless noted by the City.
SECTION V
Compensation and Method of Payment
The parties agree that the Planning Consultant shall be compensated for all services provided pursuant to
this CONTRACT in the amount and manner described and set forth in the Compensation Schedule
attached hereto as Exhibit "B", and which is thereby made a part of this CONTRACT. The Planning
Consultant further agrees that he will prepare invoices which correlate to the Compensation Schedule as
described in said Exhibit "B".
SECTION VI
Legal Services
The Planning Consultant will provide for legal advice to the City on legal issues through the law firm of
Terry Morgan & Associates, PC, which also will assist Planning Consultant in undertaking the Scope of
Services. The Planning Consultant and City agree that for purposes of advising the City on legal
matters, the City is the client of Terry Morgan & Associates, PC.
SECTION VII
Standard of Care
The Planning Consultant will perform and complete work related to the Project in a good and
workmanlike manner. The performance of all services by the Planning Consultant under this
CONTRACT will be by persons appropriately licensed or registered under State, local and Federal laws,
where such licensing or registration is required. In performing all services under this CONTRACT, the
Planning Consultant will use that degree of care and skill ordinarily exercised for similar projects by
professional consulting firms who possess special expertise in the types of services involved under this
CONTRACT. In performing all services under this CONTRACT, the Planning Consultant will comply
with all local, state and federal laws. The Project Coordinator shall at all times have access to the work for
the purpose of inspecting the work and determining that the work is being performed in accordance with the
terms of this CONTRACT.
SECTION VIII
Independent Contractor Relationship; Subcontractors
In performance of the services hereunder, the Planning Consultant shall be an independent contractor with
the sole authority to control and direct the performance of the details of the work. The Planning
Consultant is self-employed, shall not purport to be an employee or an agent of the City, and shall not
have any right or power to bind the City to any obligation not otherwise specifically authorized in writing
by the City. The Planning Consultant shall provide its own premises for performance of its duties
hereunder, but shall have free access to the premises of the City during reasonable working hours and any
information, records and other material relevant to its work hereunder. Legal advice and assistance shall be
provided by Terry Morgan of Terry Morgan & Associates, PC. Engineering services shall be provided by
Claunch & Miller, Inc. All professional services associated with this project shall be performed by the
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Planning Consultant, Terry Morgan & Associates, PC, Claunch & Miller, Inc., and such' Other sub-
consultant(s) as the City may approve in conjunction with performance of specifically identified tasks in
the Scope of Services. No other professional services under the Scope of Services for this Project shall be
sub-contracted without the City's permission.
SECTION IX
Indemnity; Insurance
A. The Planning Consultant agrees to hold harmless, indemnify and defend the City and its employees,
agents, officers and servants from all lawsuits, claims, demands and causes of action accruing against the
City for loss of life or injury or damage to persons or property arising from the negligent or intentional acts,
errors or. omissions of the Planning Consultant, its officers,_employees or agents while engaged in the
performance of services pursuant to this CONTRACT. This will include, but not be limited to, the
amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred
by the City arising in favor of any party to such lawsuits, claims, demands and causes of action, including
the amounts of any damages or awards resulting from claims, demands and causes of action for personal
injuries, death or damages to property.
B. The Planning Consultant agrees to obtain and keep in force, at its sole cost and expense, throughout
the term of this CONTRACT, in a form and with a company satisfactory to the City, the following policies
of insurance:
(1) Commercial General Liability Insurance with combined single limits of not less than $1,000,000;
(2) Contractual Liability Insurance underwriting the indemnification, hold harmless and insurance
provisions of this CONTRACT with combined single limits of not less than $1,000,000; and
(3) Worker's Compensation and Employer's Liability Insurance.
C. Certificates of Insurance verifying each of the above conditions, and providing for thirty (30) days'
written notice of any cancellation or reduction in coverage, shall be submitted to the City within thirty (30)
days of the execution of this CONTRACT if requested by the City. In the event that the limits of liability
imposed upon municipalities are increased by the Texas Legislature, the parties agree that the Planning
Consultant shall increase the coverage and limits of liability required by this CONTRACT to conform to
the new liability limits created ~y the Texas Legislature.
D. The stated limits of insurance required by this Section are minimum only - they do not limit the
Planning Consultant's indemnity obligation, and it will be the Planning Consultant's responsibility to
determine what limits are adequate. These limits may be met by basic policy limits or any combination of
basic limits and umbrella limits. The City's acceptance of certificates of insurance that do not comply with
these requirements in any respect does not release the Planning Consultant from compliance with these
requirements.
SECTION X
Progress Meetings
The Planning Consultant agrees to attend progress meetings scheduled by the Project Coordinator, and at
such meetings will endeavor to outline work accomplished and identify any special problems or issues
known to the Planning Consultant which are encountered in connection with the Project.
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SECTION XI
Ownership of Documents
All documents, including the Land Development Code and/or related ordinances and the Zoning Map,
prepared or furnished by the Planning Consultant (and the Planning Consultant's independent
professional sub-consultants) pursuant to this CONTRACT are instruments of service with respect to the
Project. The City shall retain ownership and property interest therein, whether or not the Project is
completed, upon full and complete payment by the' City to the Planning Consultant for the cost of
report/document reproduction (i.e., printing) and other similar'direct expenses. The Planning Consultant
will retain all of its records and supporting documentation relating to this CONTRACT, and not delivered
to the City, for a period of three years, except that in the event the Planning Consultant goes out of
business during that period, it will turn over to the City all of its records relating to the Project for retention
by the City.
SECTION XII'
Termination
Either party to this CONTRACT may terminate the CONTRACT by giving to the other party thirty (30)
days' notice in writing. Upon delivery of such notice by the City to the Planning Consultant, the Planning
Consultant shall immediately discontinue all services in connection with the performance of this
CONTRACT and shall proceed to promptly cancel all existing orders and contracts insofar as such orders
or contracts are chargeable to this CONTRACT. As soon as practical after receipt of notice of
termination, the Planning Consultant shall submit a final invoice, showing in detail the services performed
under this CONTRACT up to the date of termination. The City shall then pay the Planning Consultant
within thirty (30) days any unpaid invoice(s) which relate to services actually performed under this
CONTRACT. Originals of all completed or partially completed reports/documents prepared under the
CONTRACT shall be promptly delivered to the City upon termination.
SECTION XIII
Miscellaneous
A. This CONTRACT contains the entire agreement between the parties covering the subject matter.
B. The Planning Consultant hereby affirms that neither the Planning Consultant nor any officer or
employee of the Planning Consultant's firm have not made or agreed to make any valuable gift whether in
the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the
duty to recommend, the right to vote upon, or any other direct influence on the selection of consultants to
provide professional services to the City within the two years preceding the execution of this CONTRACT.
C. In case any one or more of the provisions contained in the CONTRACT shall for any reason be held to
be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision hereof, and this CONTRACT shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
D. In performing the services required under this CONTRACT, the Planning Consultant will not
discriminate against any person on the basis of race, color, religion, sex, national origin, age or disability.
E. All services provided pursuant to this CONTRACT are' for the exclusive use and benefit of the City.
F. The City of Pearland is governed by the Texas Public Information Act (the "Act"), Chapter 552 of the
Texas Local Government Code. This CONTRACT and all written information generated under this
CONTRACT may be subject to release under the Act. The Planning Consultant shall not make any
reports, information, data, etc. generated under this CONTRACT available to any individual or
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organization without the written approval of the City.
G. The City and the Planning Consultant, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the other party to this CONTRACT and to the partners, successors,
assigns and legal representatives of such other party with respect to all covenants of this CONTRACT.
The City and the Planning Consultant may not assign, sublet or transfer any interest in this CONTRACT
without the written consent of the other.
H. This CONTRACT may be amended only by written instrument approved by the City's governing body
and signed by both the City and the Planning Consultant.
I. Any exhibits and/or attachments attached to this CONTRACT are incorporated by reference into this
CONTRACT as though included verbatim herein.
J. In the event of any conflict between these Terms and Conditions and the provisions of any exhibit or
attachment to this CONTRACT, these Terms and Conditions will govern and control.
K. This entire CONTRACT is performable in Pearland, Texas, and the venue for any action related,
directly or indirectly, to this CONTRACT or in any manner connected therewith shall be Brazoria County,
Texas, and this CONTRACT shall be construed under the laws of the State of Texas.
L. The responsible parties for any notice or contact between the City and the Planning Consultant shall
be the City Manager (or his/her designee) of the City of Pearland, and Mr. Dan Sefko, President, Dunkin,
Sefko & Associates, Inc.
EXECUTED IN TWO counterparts (each of which is an original) on behalf of the Planning/Co/nsultant
by its Principal shown below, and on behalf of the City by its City Manager this ~0 day of
?~,./)~d// ,2003.
CITY OF PEARLAND, TEXAS
t°~-4~~er
DUNKIN, SEFKO & ASSOCIATES, INC.
Urban elan~g Coast/pan_ti,,
Dan G. Seiko, .~Cl:~, President
ATTEST:
~]~~J ,~ ~ ret ary
[Signature]
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EXHIBIT "A"
Scope of Services / Work Program
Preparation of a New Land Development Code
And Related Services
Work Program for PHASE I
Task 1. Review, evaluate and make recommendations on updating the City's Comprehensive Plan
as a foundation for the Code rewrite effort. (3 meetings)
A. Review the current Comprehensive Plan with City staff, the City's Planning & Zoning
Commission, and the City Co.uncil to determine the extent to which the Plan is still
reflective of the community's development goals and growth objectives.
B. Develop a special section in the Plan that addresses the unique needs of two major
transportation corridors as identified by the City Staff.
C. Meet with the City's appointed Steering Committee to discuss the proposed solutions
for the designated corridors and proposed revisions to the Future Land Use Plan.
D. Revise the identified Plan sections, as necessary and as directed by the City.
E. Present the revised Plan to the Planning & Zoning Commission and City Council in a
meeting that is open and conducive to public input. It is anticipated the plan update will
be presented as an addendum to the overall Comprehensive Plan. The primary focus
will be to update the Future Land Use map and Corridor Design Guidelines and any
related goals and objectives.
F. Make any final revisions necessary, and present the updated Comprehensive Plan
section to City Council for adoption.
Task 2. Investigate and identify any shortcomings and problems arising from the City's application
of its current zoning, subdivision, environmental and other development regulations. (0
meetings)
Analyze the City's development patterns and projected growth trends both inside and
outside of the City limits to determine likely future development patterns and growth
areas.
B. Analyze land use conflicts that have occurred within Pearland, and identify any
possible causes arising from current development regulations.
Analyze various elements of the City's regulatory programs that serve to promulgate
current community goals and objectives (as stated in Pearland's Comprehensive Plan
and/or other applicable planning policy documents).
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D. Analyze the City's existing zoning, subdivision and development regulations and
practices, and identify any deficiencies or inconsistencies in standards, procedures,
format and coordination among the various regulatory programs.
E. Analyze the City's .process for reviewing development applications, and identify
opportunities for expediting or simplifying approval of applications.
In undertaking this task, the consulting team will conduct interviews with the City's
administrative staff (including all City participants in the development review process such
as those involved in planning, engineering, building inspection, code compliance, public
safety, and other applicable areas).
Task 3. Prepare a "baseline report" summarizing the results of the investigation and defining issues
for deliberation. (1 meeting)
The baseline report will be presented to applicable City staff, the Development Code
Steering Committee, or the City Council, as the City directs, in a workshop forum that is
conducive to active dialog and deliberation on issues, problems and other salient topics
associated with the City's current development review tools and procedures.
Task 4. Refine issues and devise creative and realistic solutions through interactions with City staff
and the Steering Committee. (1 meeting)
Critical issues and objectives will be formalized and documented as part of this task. This
will be accomplished primarily through a workshop which utilizes the findings of the
baseline report as a "springboard" for brainstorming and interactive dialog staff and the
Steering Committee.
Task 5. Prepare and present a "Regulatory Action Plan" as a final report to the Planning and
Zoning Commission and City Council that summarizes the findings of the baseline
report, and that makes detailed recommendations pertaining to revisions to the City's
development regulations. (2 meetings)
The "Regulatory Action Plan" will contain a summary of the proposed resolution of each
issue defined in Task 4 above, and will be organized according to: (1) development
standards, including a proposed strategy for adopting a revised Zoning Map; (2)
development procedures; (3) format for the regulations; and (4) overall coordination of
regulatory programs. The report will incorporate a detailed outline of the proposed
regulations in accordance with the recommended format. It will also include
recommendations on how Pearland's development review procedures and regulations can
be made more user-friendly, as well as things the City can do to enhance its public image
and to pro-actively encourage cooperation and high quality products from the development
community. Finally, the report will include a section explaining the process for producing
the new Code. The report will be presented to the Planning and Zoning Commission
and/or the City Council.
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Work Program for PHASE II
Task 1: Prepare public review draft of Land Development Code. (3 meetings)
Based upon the approved Regulatory Action Plan, the consultants will undertake the first draft
of the revised Land Development Code. After the initial draft has been prepared, the
consultants will meet with the City staff to discuss the content and organization of the draft
and suggested revisions. The consultants anticipate that informal public review workshops will
be conducted with the Steering Committee, Planning & Zoning Commission and City Council.
Suggested revisions will be incorporated. The product of this task is a complete draft of the
Code ready for public review and adoption.
Task 2:
Convene public workshops to solicit comments on draft Land Development Code. (2
meetings)
Following release of the public review draft of the Land Development Code, formal public
workshops will be convened to present the elements of the Code and solicit comment in
advance of formal public hearings.
Task 3:
Revise public review draft of Land Development Code based upon input at the public
workshops. (0 meetings)
Based upon comments at the public workshops and direction from the City Planning & Zoning
Commission and City Council, the Consultant will prepare the recommended final draft
incorporating appropriate revisions. The product of this task will be a draft Land
Development Code suitable for presentation prior to the public hearing as required by State
law.
Task4:
Present Land Development Code draft at a joint public hearing. (1 meeting)
The consultants will assist the City staff at the scheduled joint public hearing before the
Planning and Zoning Commission and the City Council in presenting the draft Land
Development Code to the public.
Task5:
Final revisions to Land Development Code. (0 meetings)
Based upon testimony at the public hearings and direction from the Commission and Council,
the consultants will prepare and present any revisions for final adoption of the Land
Development Code. A final document, as approved by the City Council, will be delivered to
the City. The Code will also be delivered in an electronic format suitable for use by the City.
Task 6: Development and Presentation of Revised Zoning Map. (3 meetings)
Once the initial review of the text is accomplished, the Consultant will draft a new Zoning
Map. Legally, the map is a part of the Zoning Ordinance division. A "true and correct"
Zoning Map must be approved at the same time the text or Code Ordinance is approved. Since
the text will have already been reviewed, focus can be given to the map during this Task. The
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Zoning Map will be compiled using the City's existing digital map with transition to any new
or updated zoning districts.
The map will be presented to the City staff, the Steering Committee, elected and appointed
officials, similar to .the process outlined in tasks for the draft text. This task should be initiated
after Task 3 above. The Zoning Map will also require workshops to agree on a general zoning
pattern for the City. The result of this task will be a new Zoning Map showing the
recommended zoning districts that can be adopted as the City's official Zoning Map. As 'a by-
product of this task, the Zoning Map can be loaded onto (or linked to) the City's Web site.
Other Divisions / Components
Other related development ordinances or regulations may exist that are not Part of the zoning or
subdivision components. These ordinances will be integrated into the Code, as requested by the City, in
an appropriate division to function in concert with companion regulations.
Product
The product of the work program will be an updated Comprehensive Plan addenda document (along with
applicable maps, etc.) and a new Land Development Code that can be distributed in both hard copy and
electronic formats.
Project Schedule
This project will be completed within sixteen (16) months (depending upon the amount of time that needs
to be devoted to the Comprehensive Plan update process and the public meeting scheduling). The City
shall not schedule meetings which the Consultant is expected to attend without the Consultant's approval.
The Consultant shall not be for responsible for delays which are not within the Consultant's control (i.e.
Planning and Zoning and City Council scheduling conflicts, cancellation of meetings due to lack of
quorums, etc.).
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EXHIBIT "B' - COMPENSATION
Preparation of a New Land Development Code
And Related Services
for the City of Pearland, Texas
mo
For professional services to prepare the Land Development Code and related services as set forth in
this scope of services, the amount of compensation to the Consultant shall be as set forth below:
Phase I:
Phase I Professional Services Fees (Sub-Total): $ 35,000
Phase II:
Phase II Professional Services Fees (Sub-Total): 90,000
Total Professional Services Fees: .......................................................... $125,000
Bo
Printing & Direct Expenses (e.g., color map plotting/reproduction, color printing, report printing,
delivery/courier services, and similar direct expenses) ~- These expenses are not included in the
professional services fees, and will be invoiced to the City separately at the Consultant's actual
incurred cost (i.e., no mark-up).
Co
Monthly Invoicing -- The Consultant may invoice monthly for the percentage of work completed on
each phase of the project (based upon percentage of completion for each phase), but shall not exceed
the amount allocated for each phase. Printing and direct expenses shall be invoiced to the City at the
Consultant's actual incurred cost. The City shall pay each invoice within 30 days after receipt.
Do
Meetings -- This scope of services includes sixteen (16) trips to the City of Pearland. Trips in excess
of sixteen (16) shall be considered additional to the scope of this Contract, and shall be billed to the
City at our customary hourly rates, plus any incurred travel expenses.
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