Ordinance No. 15,525 ORDINANCE NO. 15,525
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH KENDIG KEAST
COLLABORATIVE, LLC, FOR URBAN PLANNING AND ECONOMIC
DEVELOPMENT CONSULTING SERVICES FOR THE DEVELOPMENT OF AN
ECONOMIC DEVELOPMENT STRATEGIC PLAN AND DOWNTOWN MASTER
PLAN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND TWO HUNDRED AND
NO.-100 DOLLARS ($150,200.00); MAKING OTHER PROVISIONS RELATED
THERETO; 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 and directs
the City Manager to execute and the City Clerk to attest to a Consulting Services Agreement with Kendig
Keast Collaborative, LLC, for urban planning and economic development consulting services for the
development of an Economic Development Strategic Plan and Downtown Master Plan. 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,LLC,in an amount not to exceed ONE HUNDRED FIFTY THOUSAND TWO HUNDRED
AND N0i100 DOLLARS ($150,200,00) for consulting 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 N0.100 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 Co ct of the City of
Baytown this the 10`h day of August, 2023.
ANDON CAPETILLO, M ror
EST: bpYT0j,,,V 1
ANGELA ACK SON, 'ty glerk
APP ,ED AS TO
S Attorney
Rr Karen Anderson.ORDINANCESU02312023.08.10\PSA-EconomicDevelopmentstmtegicPlan&DowntownMasterPlan.docx
EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between Kendig Keast Collaborative,
Inc.(hereinafter"Consultant")and the City of Baytown,a home-rule municipality located in Harris
and Chambers Counties,Texas (the "City").
1. Scope of Services/Consultant Fees
a. This Agreement authorizes Consultant to perform Specify Type of Service to be
Performed services for State the Purpose, Project, Location, etc. of the Work (the
"Work") for and on behalf of the City as specified in the Scope of Work attached
as Exhibit "A."
b. This Agreement shall commence on the date of execution by the City Manager and
(if not terminated in accordance with paragraph 10) shall terminate:
® upon completion of the Work in accordance with this Agreement, including
Exhibits;
❑ number of months days (spelled out) (number of monthsrdays [numerical])
months;days following execution by the City Manager;
❑ the earlier of (a)completion of the Work in accordance with this Agreement,
including Exhibits; (b) number of monthsrdays (spelled out) (number of
monthsrdays [numerical]) monthsrdays following execution by the City
Manager.
C. The scope of the Work is detailed in Exhibit "A."
d. Compensation and professional fees are detailed in Exhibit"B."
e. The time schedules for the Work are specified in Exhibit "C."
f. Each of these Exhibits "A" through "C" is incorporated into this Agreement by
reference for all purposes.
2. Compensation and Professional Fees
a. The City shall pay Consultant in installments based upon monthly progress reports
and detailed invoices submitted by the Consultant based upon the following:
i. Economic Development Strategic Plan............................................................
a. Phase 1: Data Collection &Analysis ......................................................
i. Target Industry Analysis..............................................$8,220.00
Agreement for Professional Services,Page 1 Rev.0419;`2023
ii. Market Survey............___..........................................$4,920.00
b, Phase 2, Vision Goal-Setting,.... ...................................................._--
i. MissionNision Statement.........................................310,630.00
ii. Phase 2 Expenses........ ........................._...._......_.......$1,750,00
c Phase 3: Opportunity Analysis.......................... ...... ...... ........................
i. Opportunity Analysis...................................................$8,275.00
it. Summary Report..........................................................$6,990.00
iii, Phase 3 Expenses.......... ...................................................................._.......S1,2%()o
& Phase 4- Economic Positioning &Analysis ... ....__..._.........................
i. Draft Stmtegio Plan......................................................S9,085-oo
e. Phase 5. Implementation....................................................................._...
i. Implementation Plan ............. ..............$8,005.00
ii. Eoonom ic Development Toolbox .........................$11,245.00
iii. Final Plan........___..........__....................................$7,990,00
iv Phase 5 Expenses.......... ........... .............._'S1,500.00
L Eememic Development Strategic FUit Subtotal.............$79,850.00
fl. Downtown Muster Plan...........................................................................
a. Phase 1. Observation and Assessment-__.........__............S12,825.00
i. Phase I Expenses.......................................
b, Phase 2: Vision and Goal-Setting............................................$5,175,00
i, Phase 2 Expenses....................__.................................$0100
c. Phase 3: Idea Formulation .......................................................$9,070.00
i, Phase 3 Expenses........._............................................. ......$0,00
d. Phase 4'. Concept Design ...............__................................__$9,775,00
i. Phase 4 Expenses......... ..................................__.—......$0.00
e- Phase 5: Development and Refinement.................................$15,955.00
i. Phase, 5 Expenses..........__.....................................__... .....$0.00
f. Phase 6- Implementation......................................... ......$6,640.00
i. Phase 6 Expenses......_............_..._.......... ......S1,500m
g. Adminisuation................................................................... . _36,2M.00
h. Downtown NLsster Plan Subtotal...................................—.$70,300.00
iff, Labor Rates (Hourly) .....................................................................................
a. KKC President..........__............................................................$175.00
b, KKC Principal Associate—........._............................................$170.00
c. KKC Urban Designer........................... .......................... . ..... ..$135.00
d. CDS Principal ........._.....__.................................. ...............$205.00
e. AR Principal...................... .........___................$175.00
iv. Total ........................................................................
b. Consultant shall not exceed the fixed contractual amount without written
authorization in the form of a contract amendment.
C Reimbursable Expenses an itemized by work category- Reimbursable Expenses
shall be invoiced AT COST, without qubsequent markup by ConsWtant. All
Agreement for Professional Services Page 2
invoices containing a request for Reimbursable Expenses shall include copies of
the original expense receipts itemized per allowable category. Allowable
reimbursable expenses include:
(1) Hard copy reproductions, copies, and/or binding costs;
(2) Postage;
(3) Mileage, for travel from Consultant's local office to meetings at the
City or jobsite. Mileage shall be charged at the current IRS rates;
(4) Travel Expenses, mileage from local office to state or federal
regulatory agency office beyond 100 miles; and
(5) Lodging expenses for destinations beyond 100 miles from
Consultant's local office AND when business hours exceed eight
hours within one business day OR when Consultant's services
require more than one eight-hour day at the destination; provided
such expenses have been approved in writing by the City.
d. Consultant shall invoice based upon total services actually completed during the
applicable month. invoices and all required or requested backup information shall
be tendered no more often than once a month. Consultant shall not invoice the City
for services or expenses that were incurred more than sixty (60) days before the
date of the invoice. Failure to timely invoice the City for services or expenses shall
result in Consultant's invoice being denied.
e. In the event of a disputed or contested invoice,the City may withhold from payment
that portion so disputed or contested, and the undisputed portion will be paid.
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Greg Flisram,to serve as Project Manager for the Work
performed under this Agreement. Any change of Project Manager shall require
thirty(30)days advance written approval from the City's Representative.
b. Rejection of Consultant's Employees
The City reserves the right to approve or reject from the Work any employees of
Consultant.
4. Designation and Duties of the City's Representative
a. The Director of Planning & Development Services or his/her designee shall act as
the City's Representative.
b. The City's Representative shall use his or her best efforts to provide nonconf dential
City records for Consultant's use. However, the City does not guarantee the
accuracy or correctness of the documents so provided. Notwithstanding the
foregoing, Consultant shall be entitled to use and rely upon information provided
by the City in performing the services required under this Agreement only to the
Agreement for Professional Services,Page 3
extent and level specified by the City in writing for each document provided.
Nothing contained herein shall be construed to require the City to provide such
records in any certain format. The format in which the existing data and
documentation will be provided shall be at the sole discretion of the City.
5. Standards of Performance
a. Consultant shall perform all services under this Agreement with the care and skill
ordinarily used by members of Consultant's profession practicing under the same
or similar circumstances,time and locality. Opinion of probable cost shall be based
upon the Consultant's experience and represent its best judgment as an experienced
and qualified professional. Each submittal of opinion of probable cost shall be
commensurate with the project design.
Consultant shall be responsible for the technical accuracy of its services and
documents resulting therefrom,and the City shall not be responsible for discovering
deficiencies therein. Consultant shall correct such deficiencies without additional
compensation.
b. Codes and Standards
i. All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the requestor for Work
is made by the City.
ii. The Work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city,state,or federal government
or in general custom and usage by the profession and shall comply with
Texas Department of Licensing and Regulation's rules and regulations.
iii. The codes and standards used in the profession set forth minimum
requirements.These may be exceeded by the Consultant if superior methods
are available for successful operation of equipment and/or for the
construction project on which the Work is performed. Any alternative
codes or regulations used shall have requirements that are equivalent or
better than those in the above-listed codes and regulations. Consultant shall
state the alternative codes and regulations used.
iv. Consultant agrees the services it provides as an experienced and qualified
Add type of business will reflect the professional standards,procedures and
performances common in the industry for this project. Consultant further
agrees that any analysis, reports, preparation of drawings, the designation
or selection of materials and equipment, the selection and supervision of
personnel and the performance of other services under this Agreement will
be pursuant to the standard of performance common in the profession.
Agreement for Professional Services,Page 4
V. Consultant shall promptly correct any defective analysis caused by
Consultant at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Consultant's services hereunder or of the Work
itself shall in no way alter Consultant's obligations or the City's rights under
this Agreement. As applicable, Consultant shall provide the City with
record "as-built" drawings relating to the Work in an electronic format that
is acceptable to the City. City shall be in receipt of record drawings, if
applicable, prior to final payment.
6. Schedule
Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is
provided by the City's Representative.
7. Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, volunteers, employees or subconsultants.
a. Consultant's insurance coverage shall be primary insurance with respect to the City,
its officials, employees and agents. Any insurance or self-insurance maintained by
the City, its officials, employees or agents shall be considered in excess of
Consultant's insurance and shall not contribute to it. Further, Consultant shall
include all subconsultants,agents and assigns as additional insureds under its policy
or shall furnish separate certificates and endorsements for each such person or
entity. All coverages for subconsultants and assigns shall be subject to all of the
requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
i. Commercial General Liability
■ General Aggregate: $2,000,000
■ Products&Completed Operations Aggregate: $2,000,000
■ Personal &Advertising Injury: $1,000,000
■ Per Occurrence: $1,000,000
■ Fire Damage$500,000
■ Waiver of Subrogation required
■ Coverage shall be broad form
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
ii. Business Automobile Policy
■ Combined Single Limits: $1,000,000
Agreement for Professional Services,Page 5
■ Coverage for "Any Auto"
■ Waiver of Subrogation required
iii. Errors and Omissions
■ Limit: $1,000,000 for this project
■ Claims-made form is acceptable
■ Coverage will be in force for one (1) year after completion of the
Project
■ Waiver of Subrogation required
iv. Workers'Compensation
■ Statutory Limits
■ Employer's Liability$500,000
■ Waiver of Subrogation required
b. The following shall be applicable to all policies of insurance required herein:
i. Insurance carrier for all liability policies must have an A.M. Best Rating of
ANIII or better.
ii. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
iii. Liability policies must be on occurrence form. Errors and Omissions can
be on claims-made form.
iv. 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 prior written notice by mail, return receipt requested, has
been given to the City.
V. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers'
Compensation and Errors and Omissions Policies required herein.
vi. Upon request and without cost to the City, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the City.
vii. Upon request and without cost to the City, loss runs(claims listing) of any
and/or all insurance coverages shall be furnished to the City.
viii. All insurance required herein shall be secured and maintained in a company
or companies satisfactory to the City, and shall be carried in the name of
Consultant. Consultant shall provide copies of insurance policies and
endorsements required hereunder to the City on or before the effective date
of this Agreement.
Agreement for Professional Services,Page 6
S. Indemnification and Release
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, ,
AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE !
"CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR
FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING
OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT,OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE CONSULTANT OR THE
CONSULTANT'S AGENT,CONSULTANT UNDER CONTRACT,OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT
EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S
PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES
HERETO, BOTH CONSULTANT AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT
THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE
NEGLIGENCE, AS WELL AS THE CONSULTANT'S PARTIES'
INTENTIONAL TORTS, INTELLECTUAL PROPERTY
INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS
ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT
IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY
PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE
EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED,
CONSULTANT FURTHER AGREES AND COVENANTS TO
DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED
Agreement for Professional Services,Page 7
HEREINABOVE SHALL SURVIVE THE TERNUNATION AND/OR
EXPIRATION OF THIS AGREEMENT.
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. Consultant assumes full responsibility for its services 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 Consultant's services to
be performed hereunder. This release shall apply with respect to Consultant's
services regardless of whether said claims,demands,and causes of action are covered
in whole or in part by insurance.
4. Subcontractors and Subconsultants
Consultant shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
10. Termination of Consultant
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon written notice from the City Manager to Consultant of the City's
election to do so. Furthermore, the City may immediately and without notice terminate this
Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include,but
not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state, or federal government from
Consultant or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against
Consultant;
(d) the dissolution of Consultant;
(e) refusing or failing to prosecute the Work or any separable part with the diligence
that will ensure its completion within the time specified in this Agreement;
(f) failing to complete Work within the time period specified in this Agreement; and/or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Consultant shall discontinue all
services in connection with the performance of the Agreement. Within ten(10) days after receipt
of the notice of termination,Consultant shall submit a final statement showing in detail the services
Aereement for Professional_Services,Page 8
satisfactorily performed and accepted and all other appropriate documentation required herein for
payment of services. At the same time that the final statement is tendered to the City, Consultant
shall also tender to the City's Representative all of Consultant's instruments of service, including
all drawings, special provisions, field survey notes, reports, estimates, and any and all other
documents or work product generated by Consultant under this Agreement, whether complete or
not, in an acceptable form and format together with all unused materials supplied by the City. No
final payment will be made until all such instruments of service and materials supplied are so
tendered.
If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in completing
Consultant's services. The rights and remedies of the City in this section are in addition to any
other rights and remedies provided by law or under this Agreement.
11. Records
Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to
review and receive a copy of all documents that indicate work on the Project that is subject to this
Agreement. Except for proprietary data, which we are enjoined from sharing.
12. Supervision of Consultant
Consultant is an independent contractor, and the City neither reserves nor possesses any right to
control the details of the Work performed by Consultant under the terms of this Agreement.
13. Billing
The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such
invoices and necessary backup information. All invoices must identify with specificity the work
or services performed and the date(s) of such work or services. In the event of a disputed or
contested invoice, the parties understand and agree that the City may withhold the portion so
contested, but the undisputed portion will be paid. Consultant shall invoice the City for work
performed no more than once a month and may not invoice the City for work not performed.
Invoices shall be received by the City no later than sixty(60)calendar days from the date Consultant
and/or its subconsultants perform the services or incur the expense. Failure by Consultant to comply
with this requirement shall result in Consultant's invoice being denied and the City being relieved
from any liability for payment of the late invoice.
14. Indebtedness
If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined
in Section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the
City's Director of Finance in writing. If the City's Director of Finance becomes aware that
Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant
in writing. If Consultant does not pay the debt within thirty(30) days of either such notification,
the City's Director of Finance may deduct funds in an amount equal to the debt from any payments
owed to Consultant under this Agreement, and Consultant waives any recourse therefor.
Agreement for Professional Services,Page 9
15. Verifications
If Consultant has ten(10) or more full-time employees and Consultant's total compensation under
this Agreement has a value of One Hundred Thousand Dollars($100,000.00) or more, Consultant
makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas
Government Code:
a. the Consultant does not boycott Israel and will not boycott Israel during the term
of the contract to be entered into with the City of Baytown;
b. the Consultant does not boycott energy companies and will not boycott energy
companies during the term of the contract to be entered into with the City of
Baytown; and
C. the Consultant does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
16. Governing Law
This Agreement has been made under and shall be governed by the laws of the State of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris County,
Texas.
17. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the United States mail,postpaid
and registered or certified, and addressed to the party to be notified, with return receipt requested,
or by delivering the same to an officer of such party. Notice deposited in the mail as described
above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement,
from and after the expiration of three(3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown,Texas 77522-0424
For Consultant:
KENDIG KEAST COLLABORATIVE, INC.
Attn: Gary Mitchell
77 Sugar Creek Center Boulevard, Suite 600, Sugar Land,TX 77478
Agreement for Professional Services,Page 10
Each party shall have the right from time to time at any time to change its respective address and
each shall have the right to specify a new address, provided that at least fifteen(15) days written
notice is given of such new address to the other party.
18. No Third-Party Beneficiary
This Agreement shall not bestow any rights upon any third party,but rather, shall bind and benefit
Consultant and the City only. No person or entity not a signatory to this Agreement shall be
entitled to rely on Consultant's performance of its services hereunder,and no right to assert a claim
against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as
a result of this Agreement or the performance of Consultant's services hereunder.
19. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant
hereby agree that no claim or dispute between the City and Consultant arising out of or relating to
this Agreement shall be decided by any arbitration proceeding, including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State
arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that the City is subjected to an arbitration proceeding notwithstanding this provision,
Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required
or requested by the City of complete relief to be recorded in the arbitration proceeding.
20. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
21. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Consultant
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, whether written or oral, on the subject matter hereof. This Agreement may only be
amended by written instrument approved and executed by both of the parties. The City and
Consultant accept and agree to these terms.
22. No Assignment
Consultant may not sell or assign all or part interest in this Agreement to another party or parties
without the prior express written approval of the City Manager of such sale or assignment. The
City may require any records or financial statements necessary in its opinion to ensure such sale
or assignment will be in the best interest of the City.
23. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
Agreement for Professional Services.Page l 1
24. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
25. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
26. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
[Signature Page to Follow]
Agreement for Professional Services.Page 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the—day of , 20___, the date of execution by the City
Manager of the City of Baytown.
CITY OF BAYTOWN
JASON E. REYNOLDS, City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND,City Attorney
CONSULTANT:
CONSULTANT'S NAME
(Signature) .T---- -- +--J -
6*p-q AA G N l�tr
(Printed Name)
F v—
(Title)
A eement for Professional Servim,Page 13
STATE OF TEXAS §
COUNTY OF HARRIS§
Before me on this day personally appeared Cqaf e4Nf ,in
is ar capacity as teA 1 Pin' , on ehalf of such 2 C. S
❑ known to me;
❑ proved to me on the oath of ;or
r®' proved to me through his/her current �7� brl VPam/ l•�C9WN
{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)
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that hee'she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this 1Vb,,day of u xL ,20
AMNIA ALI RADAR Notary ublic in and for the State of Texas
s1 c Notary Public,State of Texas
. comm.Expires 11-04-2025
r�
Notary ID 133430946
P AKnren AndersonlCONTRACTS1202Mendig Kew-PSA.docx
Agmement for Professional sgvices,Page 14
EXHIBIT "A"
SCOPE OF WORK
PROPOSAL FOR • • •PMENT STRATEGIC PLAN FOR BAYTOWN.
C. PROJECT APPROACH
PROJECT UNDERSTANDING
The City of Baytown seeks to develop an Economic Development Strategic Plan
that will help the City position itself for changing economic paradigms caused or jai=
accelerated by COVID,and to align its economic development programming around
these new realities and opportunities. It also seeks to better understand its existing —
asset-base to help strengthen and expand industry segments in which it ha,—or can m--•-- """'-'
feasibly develop—a competitive advantage. The City is also looking to build-out its �� " - •^--- — ��
entrepreneurial ecosystem and to redevelop and revitalize key corridors and districts
using a combination of planning and design tools in concert with targeted developer
incentives.
The universe of factors and systems examined in the study must include: the City's
current and future workforce;the workforce development ecosystem;land suitability/ _
availability; incentive tools; infrastructure capacity; the Cit 's existing lace ualit �-
� ) g P q )
branding/marketing; demographics; locational attributes; retail/hospitality pro File; _
regional context; special districts and corridors; business retention, expansion,
attraction ;BRI=A) targets and the City and region's entrepreneurial ecosystem. The
project must he data.intensive-, "place based"; rooted in stakeholder consensus
and be implementation-driven. The final work-product must tell the story of ..
Baytown's economic future with ample use of charts. diagrams, concept plans and i
other infographics that can be included in future marketing collateral. The Plan
will be overseen by an advisory committee comprised of members of the business
community,citizens, elected officials, and City staff_ -} .,• j^ '-'.-
More specifically, the Plan must:
♦ Provide detailed analysis of the City�s economic base_
♦ Prepare analysis of the City's economic strengths and weaknesses.
♦ Help the City position itself for new economic opportunities and challenges
presented by recent global trends such as: c•commerce, telework, onshoring,and
supply chain compression.
♦ Provide strategies to grow and adapt the City's retail landscape.
♦ Conduct a comprehensive analysis of target industries and workforce.
♦ Provide strategies to inform the City's business retention, expansion, attraction
efforts
♦ I'xamine the City's incentive programs for their effectiveness and any gaps.
♦ Offer up specific redevelopment projects and programs for targeted districts and
corridors.
♦ Provide an implementation framework to operationalize Plan recominendations.
SCOPE AND SEQUENCE OF WORK
Project phasing will be organized around five overlapping workstreams which
combined,encompass all of the required work elements set forth in the RFP* T
KENDIG KEAST
C O L L A B O R A T I V E
PROPOSAL FOR RF?23-0536 ECONOMIC DEVELOPMENT STRATEGIC PLAN FOR BAYTOWN, TX 14
1. Data Collection and Analysts
a. Community inventory and staffing* Staying on the Same Page
b. Retail/hospitality market study* We begin every planning
effort with a "kick-off"
2. Visioning and Goal-Setting meeting to review-the final
a. Stakeholder engagement and visioning* work program, establish a
definitive project schedule
h. Vision and mission statement development* with specific meeting and
3. Opportunity Analysis delivery dates, clarify roles
and responsibilities in
a. I..LOnOr11iC trends, forecasting and takcaways* coordination with client
b. RcdcvclopmcnL/revitalizaiion and quality of Place challenges, opportunitic� staff, and cover data/
and strategies* information needs and
other project logistics.
4. economic Positioning and Alignment This close Consultation
a. Future development and growth targets' and communication w th
h. "Talent attraction and workforce development strategies* client staff then continues
throughout the project,
c. ytnall business development and entrepreneurship ecosystem needs and both through face-to-face
strategies* meetings as we complete
d. Target industry recommendations our background work
aA outreach activities in
5. Implementation the community, as well
a. Incentives tools, programs and 4lrategic5;* as through scheduled
conference calls, online
b. Business retention, expansion and attraction program development* meetings and routine email
Phase 1: Data Collection and Analysis correspondence.
Economic Base Assessment
1 he consultant team will gather data on key economic indicators to develop a picLurc
Of current economic conditions and City capacities. This task will utilize existing
resources such as the Citys recent Ccm prrhensi ve Plan 2040;the City of 13ctvtotm 2023•
2M Sit-ategic Ilan; the MCCEDF Fconomtic Vitality Plan: the draft elements of the
Ruvtmrr, Image Study, and other available. resources io establish a detailed assessment
of the connnunity's unique economic strengths and weaknesses in the context of the
greater regtonal economy: Both qualitative and quantitative methods will be used to
develop an under.s-anding of the community's competitive advantages and potential
constraints.
Information will be gathered from local economic development professionals; area
business and property-owners; real estate professionals; business leaders from key
Industries in the area as well as from previous studies and reports. Information
gleaned from these discussions and data coileciion efforts will he used to identify
potential target business sectors and prospective investors in the Baytown area.
the purpose of this work will be to increase the understanding of the City' current
economic su•ucture and its economic development capacities (e.g. infrastructure,
staffing, workforce development capacities and incentives), and identify target
economic Oppot•tunitics that are realistic and place-compatible. The work will
help icla•ntify existing and emerging Industry clusters with potential to he drawn
to, or grow in, Baytown. It will also attempt to reveal any emerging "first mover"
opporiunines for the City. 12rr
KENDIG KEAST
COLLABO RA FIVE
PROPOSAL FOR RFP23-0536 ECONOMIC DEVELOPMENT STRATEGIC PLAN FOR BAYTOWN. TX 16
Retail and Hospitality Market Survey
Using all available and current market data,survey local retail and hospitality markets
for possible expansion opportunities. For budgetary reasons, this work will rely
heavily on summarizing and expanding upon findings and assumptions culled from
previous existing work by CDS and others in the area including the market study
completed as part of the Comin-ehensive Plan 2040 and Rayway Dive Corridor Plan.
Work Products
Local and Regional Economic Rase Analysis constituting the "cvnintunity itiventoty"
noted in the RFP:
♦ Key economic indicators for Raytown and the region.
♦ Workforce profile and workforce development ecosystem.
♦ Educational and innovation assets.
♦ larget industry analysis using location quotient data, host industry strengths/
trends,gravity modeling and regional context analysis.
♦ Opportunities and challenges to business recruitment and development.
♦ Summary of perceptions of market opportunities and challenges.
♦ Retail and hospitality market analysis-
♦ Summary of regulatory and development approval environment (including
recommendations with regard to the impact of the development review process I
and how it may he improved, if appropriate) i
Phase : Visioning and Goal-Setting
With the information gleaned from Phase 1, and based on exienbive stakeholder and
committee input, the consultant team will prepare a vision statement that builds
on the guiding principles and goals for economic development stated in Baytown's
Comprehensive Plan 2040 (h i tps://o nline encode plus com/regs/baytown-t�-cp/doc-
viewcr,aspx#secid-1°5). This element will also delve into protect and/or program
prioritization and guiding with the findings and recommendations
l g g g Un
socialized and refined at future Advisory Committee meetings.
Work Products
♦ Draft vision and goal statements/priorities and guiding principles WowerPoint
format)
♦ Multiple facilitated public work sessions and presentations(full menu summarized
later under Stakeholder Engagement and Project Management)
Phase 3: Opportunity Analysis
Economic development isabout maxtrnizingopportunities and minimizmgconstraints.
The foundation of any future vision should be rooted in the special assets(physical,
economic, historic/cultural, geographical, natural, institutional) that differentiate
one community from the next and that can he leveraged for economic advantage
Maximizing theni depends on designing customized economic development tools to
position the community advantageously.
Using the information collected in }'hoses 1 and 2,the consultant team will synthesize KENDIG KEAST
r�
and map the key community assets, economic forces and {ether investment drivers c o t. t A B o R A r t v t:
PROPOSAL FOR RFP23-0536 ECONOMIC DEVELOPMENT STRATEGIC PLAN FOR BAYTOWN,TX 16
that can propel redevelopment in Baytown. �Ve call this an Opportunity Analysis.
This process involves distilling and mapping a wide range of contextual information
including existing planning documents, available market and real estate data, and
property condition and ownership to determine the Uty's full economic development
and (rc)developmcm potential.
Constraints and opportunities will be identified and quahiatively discussed in
the context of the post-COVII) economic landscape. ;pcctfi, alternatives for the
re.Lendon and attraction of business and duality employment opporiunities oriented
to the City's C01npcl1Livc advantage industries and current and future workforce will
be discussed. Specific steps that the City may need to take to prepare for the future
and to overcome obstacles will also be discussed
On the physical redevelopment side,the Consultant team will conduct a more detailed
(block and parcel-level)analysis of the special redevelopment districts and corridors
identified in the Comprehensive Plan for the purpose of identifying the potential
scope and scale of specific redevelopment opportunities. Parcel level data will be
collected and inapped during this phase with the assi,tance of City staff I his data
may include(depending on availability). property age/conchuon, vacancy, renter vs
owner-occupied. property values/1-Cnts, public ownership, tax delinquency, existing
For-sale, aggregated single ownership, hazard areas, non-conforming land uses- and
underdeveloped land (generally defined as a logy ratio of improvement value it)
underlying land value). Thcce Baia points will he mapped to reveal the full "canvas
of potential redevelopment opportunities and where specific City interventon;may
be warranted.
This work will encompass the "economic trends, forecasting; and Lakeaways", and
"redevelopmenL/revitalizalion & quality of place challenges, opportunities and
strategies" requirements from the UP
Mlork Products
♦ Opportunities Analysis: Annotated info-graphic (poster format)
♦ Summary narrative describing the Citys special opportunities and potential
obstacles to success from both an industry retention/attraction standpoint
as well as within the red evelopme11L/revitalization realm. The narrative will
begin to delve into the specific public interventions that may need to happen
in order to capitalize on these Opportunities including from the domains of:
workforce. development, housing, small-business development, talent attraction,
infrastructure, incentives, land use and the City's regulatory environment.
♦ %larious stakeholder outreach and feedback sessions
Phase 4: Economic Positioning and Alignment
This phase involves socializing, relining and expanding on the content developed
in Phases 2 and 3 into a more complete, consensus-based vision for economic
development in the City. This phase involves extensive stakeholder feedback and
refinement as well as developing more tactical guidance on material previously
introduced. It also involves discussion of longer-term '`macro" objectives impacting
the economy of the City such as: place-quality, the Citys regulatory climate, the
public education and workforce development landscapes, marketing/branding,
urban design and other special lnittativcs requiring broad based public support XNM KEAST
C 0 L L A 9 0 R A T I V E
PROPOSAL •R RFP23-0536 ECONOMIC • ' • ' BAYTOWN.
and investment. A fuller assessment of the C ity's economic development capacities
to realize new opportunities will occur at this stage including its organizational
structure,staff capacities, funding,scope of activities and incentives.
This phase will include the'future development&growth targets", "talent attraction and
►rorhforce development strategies"and"small business development and entrepreneurship"
ecosystem needs and strategies and "target industry recommendation';"called-out in
the l2FP
Work Products
♦ Draft Economic Development Strategic Plan
♦ Various stakeholder feedback sessions
Phase 5: Implementation -44
Once consensus has been reached on the main precepts of the draft Plan, Lhe 1 -
consultant team will develop and present the full implementation "back-up" ' x ,
-ontent will consist of:
recommendations in written document format. c �r77-'�
♦ Priority action initiatives, along with considerations .am�for each involving relevant 1 ram.....
best practices, potential barriers to overcome, and sequencing and phasing of
interrelated projects. ' I _T_ '.
♦ Incentive tools, staffing needs and alternative organizational models that may
be needed to address special needs (e.g., special financing tools, targeted grant
opportunities, land assembly and land banking, business services and support,
area marketing and promotion, staffing, regional coordination, special events
programming, etc.). This can also include the formation of special entities
such as improvement districts, management districts, Main Street Programs or
community development corporations as applicable.
♦ A complete implementation schedule with short-medium-long term timeframes
that identify: responsible parties (both lead and support roles), possible funding
sources and any external factors to be considered. Any critical-path dependencies
will he noted and mapped on Lhe schedule.
Among other content, this phase will include the "incentives tools, programs and
strategies"and"business retention,expansion and attraction program development"
requirements of the RFP.
Work Products
♦ Draft Implementation Plan containing specific implementation priorities
and considerations, roles and responsibilities, tuning and coordination of key
initiatives and budget information. Produced in both written and graphic format.
♦ Economic Development Tool Box
♦ Public roll-out activities
♦ Final presentation to the Baytown Municipal Development District Board of
Directors, the Baytown Redevelopment Authority/TIRZ #1 Board of Directors,
and the City Council.
T ICENDIG KEAST
C 0 L L A B 0 R A T I V E
PROPOSAL FOR RFP23-0536 ECONOMIC DEVELOPMENT STRATEGIC PLAN FOR BAYTOWN, TX 18
Stakeholder Engagement and Project Management
'fhe KKC/C:DS/AR&C_ team envisions an intensive six-month process covering the —
live phases of work described above. In addition to featuring public participation
events, our proposal contemplate, four meetings of a proieca advisory contmiltee—
timed to coincide with the delivery of major work-products and coordinated with
other on-site engagement activities described belo�k. We suggest that the project
advisory committee he made up of members from the Baytown City Council, the
Municipal Development District, the Tax Increment Reinvestment lone/Baytown
Redevelopment Authority, the Baytown West Chambers County Economic
Development Foundation Board, the Planning & Zoning Commi55ton and the �..
Senior Economic Developnient Analyst aniong others. Willi the exception of the
introductory kick-ofl meeting, these meetings will generally follow a presentation-
feedback format and correspond with each of the five phases of work
We also contemplate frequent and regular coordination calls with City staff during Service Delivery Approach
the project covering project logistics and public feedback Our expectation is that • Preparation of a project
the Senior 1-conomic Dcvelopincnt Analyst or other staff person serve as main City schedule that ensures
contact and will assist with data Cc?llectton, scheduling meetings. social media Steady progress while
nianagctmeni and overall project coordination. assuring adequate time for
involvement and meaningful
in addition to the four project advisory committee meetings, siakeholdcr en-agenieni review.
activities williiiclude:dseriesofbusincssandpropertyownerinterviewsandromidlahle o provision of monthly
Session,; a real estate professionals roundtable session; interviews with local, regional progress reports describing
and Slate economic development Icaders,is survey and social media engagement. the project status and
Quality Assurance documenting significant
Y work accomplished and
'I he Baytown Economic Development Strategy will be completed in an effective, scheduled activities.
timely,economical and professional manner. KKC hat,a relatively"llat"organizational ♦ Timely submittal of
structure', that is, the principals of KKC work collaboratively with the associates, and deliverables in strict
all deliverable~are reviewed by a principal for SuhSlancr and quality before delivery to adherence with the project
the client. The �tructkire of KKC ensures that the firms work produelw are developed schedule.
by maximizing the relative strengths of each of the principals and associates_ and that
the firm is responsive and accountable to its clients. As a result, our clients receive
a high duality product that is delivered in a timely and cost-efficient manner. When
subcon�ultanisarc involved,the same principal oversight and interaction is emphasized.
For administrative purposes. KKC assigns to each project a Principal-in-Charge
and a Pr%ijcci Manager. The Principal-in-Charge is responsible for the projects
strategic direction and the substantive work product The Project Manager ensures
that resources are efficiently allocated and that the project stays on -schedule and
on budget, and provides Quality Assurance/Quality Control (QiVQC) checks of all
deliverables. The Project Manager regularly communicates with the 11'rincipal-in-
C=harge regarding the project status and is the designated client contact for updates
and day to-day direction and logistics.
As a prime contractor_ KKC builds into each consailung assignment a consistent and
carefully considered organization and management approach. Consisting of a variety of
administrative activates to be conducted by the principals,the priniary objectives are:
♦ Cost Conirol—Cxrnknuou-sly tracking project expenditures versus the prolecicd
level of effort � f%kLn G KEAST
C 0 L L A 6 0 R A r i v E
PROPOSAL FOR RFP23-0536 ECONOMIC DEVELOPMENT STRATEGIC PLAN FOR BAYTOWN.TX
♦ Schedule Adherence—Tracking critical path activities to anticipate any schedule
concerns
♦ Quality Assurance--Applying a systematic formalized QA/AC process to review
ongoing processes and project deliverables. The process includes defined QC
checkpoints built into every work process:an openness among staff to constructive
criticism and a shared philosophy that inspires unending pursuit of excellence
through continuous improvement;and accountability for quality shortcomings and
inadequate project oversight,including immediate client notification and resolution
In addition to ensuring that the team's work conforms to technical requirements and
professional standards of performance,our ultimate QA/QC objective is client satisfaction.
This is achieved through a keen understanding of each client's needs,a detailed scope of
services,an adequate project budget,an attainable project schedule,a consistent project
management approach, meaningful client-consultant communications, and prompt
idemificaiion and resolution of any project difficulties that may arise.
PROPOSAL • DOWNTOWN PLAN FOR •
PROJECT APPROACH
A
PROJECT UNDERSTANDING "Hands down the best
consultants we have ever used.
The City of Baytown is looking to improve the identity, vitality and investment When we worked with other
climate of its downtown. New public and private investment must he guided by a companies we didn't feel like
unified and consensus-hayed vision that excites people to the opporiu nittcs present we received the service that we
in Downtown Baytown, as well as an actionable, scal,rble and time/goal- bound liked. With KKC that wasn't the
implementation program- The implementation program mu-,t provide a high level case, they are very personal,
of tactical guidance to addition to cost estimates and timeframes for completion. friendly, and outstanding
Finally,the plan mast leverage the tools and foundational elements for the downtown presenters. They have a unique
district currently in development through KKCs zoning related work Nvith the City. ability to work on complex and
It must also dovetail with the City's concurrent work on the Economic Development volatile projects without causing
Str,ncgic Plan and nra.xtntize efficiencies with that work, more problems. In fact 1 don't
think my residents or Council
Specifically, the Downtown Plan must: would even want me to use
"
♦ Present a unified vision for downtown anyone but KKC to be honest.
Chris Reed
♦ 1=stablish guiding principles to inform future policy decisions and public Former City Manager,
expenditure City of Nassau Bay, TX
♦ Define dowmowtt geographic boundaries
♦ Involve a rigorous and far-reaching public participation program designed for
maximum public engagement
♦ Model and render conceptual urban design treatments for key redevelopment
sites
♦ Prioritize pedestrian/ncighborhood connectivity access and activation
♦ Provide recommendations to help enliven and activate public spaces
♦ Review the Citv's current c1cm-niown-focused incentives and suggest possible
changes/additiutts
♦ Analyze downtown's infrastructure capacity including parking, high speed
internet and waterk ewer/waste-water service
♦ Provide a detailed, time/date-based implementation plan and schedule that
identifies short,medium and long-terms goals,and identifies involved/responsible
parties, funding-sources and progress milestones
Project Management
The project will be managed by Gary Mitchell FAIC-1' with Greg Flisranr, CFcD
as lead content contributor- In order tt} maximize efficiencies with the Luonomic
Development Strategic Planning work, we proposed an intensive eight-month
process to coincide with that parallel work to the greatest extent possible. In addition '
to the feature public participation events (also described below), our proposal
contemplates five meetings of the project advisory committee -- timed to coincide
with the delivery of tmjor work-products. All on-sne meetings will he coordinated
with public out events and with meetings relating to the Economic - T
Development Strategic Plan on the same or consecutive days.
1rKENDIG KEAST
C O L L A B 0 R A T I V E
PROPOSAL FORDOWNTOWN PLAN FOR •
We also contemplate frequent and regular coordination calls with City project
management staff during the duration of the project covering project logistics and Staying on the Same Page
public feedback. Our expectation is that the City designates its own staff-level We begin every planning
project manager to serve as the main City contact and to assist with data collection, effort with a "kick-off"
scheduling meetings and overall project(s)coordination KKC:will serve as the prime meeting to review the final
consultant without subconsultants, as KK(_ will rely on City departments and key work program, establish a
personnel for technical inputs(e.g., City Engineer, Pubhc Works Department, etc.), definitive project schedule
with specific meeting and
Public Engagement delivery dates, clarify roles
Certain core-level planned outreach efforts are identified within each phase of this and responsibilities in
Scope of Services,under the heading Meetings and Fvents.Beyond this,our workpian coordination with client
includes a number of supplemental,in-budget public engagement options that would staff, and cover data/
be selected in consultation with city staff and the project advisory committee. "I'liese information needs and
additional events would be organized around the consultant's scheduled trips to the other project logistics.
community Listed below are potential activities that are options fcxr the ultimate This close consultation
series of engagement activities to be chosen and arranged in coordination with City and communication with
staff: client staff then continues
throughout the project,
♦ A series of informal, one-hour small.-group "listening" sessions. Some both through face-to-face
sessions may be targeted to stakeholders associated with a particular plan focus meetings as we complete
(e.g., economic development, historic preservation, the arts. etc.) or a certain our background work
and outreach activities in
demographic(e.g.,high school age youth,seniorCiLizens,etv.)'while othersessions the commun�ty, as well
could involve a mix of residents, business and property owners, public officials, Scheduled
developers/builders/realtors, representatives of communityas through organizations, and as through
Calls, online
others as identified by local officials and staff. meetings and routine email
♦ Downtown Workshop, conducted either in a Town I fall Meeting format with correspondence.
facilitation of overall group discussion, or in a workshop format with a variety
of interactive and hands-on engagement activities typically conducted in small
groups. Similar formats can be customized for an event designed specifically
for youth participation.
♦ A series of working meetings with City representatives and other stakeholders
and community partners, to discuss and obtain input on key Plan topics and
draft content. As the City prefers, the meetings could be held directly with [lie
City's Planning & Zoning Commission or with a specially appointed advisory
committee. Alternatively, the meetings could be conducted in a more open.
informal format to enable input from all interested.
♦ Interactive options for youth and adults integrated into community events and
festivals,employing the"go to them approach' rather than relying on community
members to attend specialized, project-specific meetings. KKC has had success
with this style of meeting by setting up at community recreation centers, farmers
markets, and film festivals, among other settings.
♦ Public open house events at one or more appropriate milestone potnts in the
Plan development process,through which residents and others can view displays,
hear an overview presentation, and interact with consultant personnel and City
staff in an informal atmosphere, especially at the overall draft plan stage before
proceeding into the formal public hearing and official comaderatton phase. For
cost efficiencies, such events can be scheduled immediately prior to an evening T V
meeting in the same location and at which some of the same attendees are KENDIG KEAST .
r
expected. i c0ttA80NArlve
PROPOSAL • DOWNTOWN PLAN FOR •
SCOPE AND SEQUENCE OF WORK °KKC was extremely
Work on the Downtown Plan will be grounded in the overarching guiding principles knowledgeable on the subject,
and objectives of the City's Comprehensive Plan,and connect back to KKC's existing innovative, efficient and
work oil the City's Unified land Use Code (UI.UC). From this baseline. work on professional. )he written
the Downtown Plan will drill down into the creation of a discrete downtown vision materials presented to[Stafford]
with location-specific action strategies and design detail along with a full Suite of City Council and W were of
situation-based implementation tools. ['he intent is to provide clear guidance for the highest quality.
new development, sustainable reinvestment, capital projects and other public Barkley Peschel
investments as well as special programs and initiatives within the downtown area. Former Vice President
Greater Fort Bend Economic
The plan will address: Development Council
♦ Iconomic development; Sugar Land, TX
♦ Land use;
♦ Circulation and connectivity,
♦ Public infrastructure and services;
♦ Urban design and streetscape; and
♦ 1Vayfinding and branding recommendations
'Che work outputs will generally start with the phy>ical planning and design
elements. and gradually transition to strategic implementation t,onicnt as consensus
on the design vision i,achieved. The final plan will feature a master urban planning/
design vision for downtown along; with rendered design concclit: for key sites and
a detailed implementation plan and schedule. "the latter will addre>s any new or
modified incentiVt's or special initiativvs needing to he undertaken.
Project phasing will he organized around six overlapping steps:
I 0b,ervation and Assessment
2 Visioning and goal-Setting
3 Idea Formulation
4. Concept Design
5. Development and Refinement
6" Implementation
Combined, these phases enconipass the required work elements expected by the
City.
Phase 1: Observation and Assessment
"I"hrough this initial phase, KKC will complete a more in-depth assessment for the
downtown area that builds on previous work completed for the City's Unified Land
Use Code as well as the concurrent [Economic Development Strategic Plan work.
KKC will review all recent or concurrent plans and studies relevant to Downtown
Raytown and the larger region. KKC will also take Stock of the Ciiy5exitiiingcconotiiic : KEND�G KEAST
development tools, practices and capacities that apply to Downtown. "[he consultant
PROPOSAL FORDOWNTOWN PLAN FOR
team will also analyze Downtown's current infrastructure including transportation,
parking, water, sewer, waste-water and broadband. Additionally, KKC will perform _-
a "windshield-level" building conditions inventory supplemented by any available
code violation data. a
s.. t
Specific parcel level data will be collected and mapped during this phase with the
assistance of local staff. This data may include (depending on availabilii)'1: property
age/condition, vacancy, renter vs. owner-occupied, property values/rents, public
ownership, tax delinquency, existing for-sale, aggregated single-ownership, hazard
areas, non-conforming land uses, and underdeveloped land (generally defined as a
low ratio of improvement value to underlying land value). These data points will be
mapped to reveal where key redevelopment opportunities may exist and where more
detailed planning and design may be warranted.
Other considerations for the initial investigation phase will include:
The work thad KKC has
♦ Key linkages between downtown and other activity centers and impc,riant districts provided to us has been first
and corridors. rate, professional, timely and
♦ Any environmentally constrained sites; thorough.'
Bob Turner
♦ Historic sites/structures/dtstricts and unicluc architecture or building traditions, Farmer City Manager
City of Port Lavaca, TX
♦ Parking supply and demand;
♦ Any recent or pending capital projects,
♦ alny proposed or permitted development projects
Phase 1 Meetings and Events*
Iwo-day site visit by the consultant team to include:
♦ Staff and/or Council-Planning Commission joint worksession
♦ Downtown tour with staff
♦ Real estate professionals roundtable
♦ focus groups (up to 4 sessions, 50 minutes each)
» These could include property owners,business owners,real estate professionals,
development community, etc. KKC will discuss this in more detail with staff
and will look to staff to select the appropriate individuals and schedule the
meetings.
♦ One-on-one interviews(up to 3, 50 minutes each)
Note that these should focus on individuals that do not fit into a focus group.
KKC will look to staff to identify these individuals and schedule the meetings
♦ Community open house visioning session
Phase 1 Deliverables (none for this phase)
Titneframe; Months 1 Z KENDIG KEAST
C O L L A B O R A T I V E
PROPOSAL • DOWNTOWN PLAN FOR •
Phase 2: Visioning and Goal-Setting
With the information gleaned from Phase 1, KKC will prepare a vision statement
and a set of goals and guiding principles for Downtown Baytown. This clement will
;ilsn delve into project and/or prograrn prioritization and guiding principles with the
findings and recommendations socialized and debated at the second sheeting of the
project adai,ory committee(1-ormulatio0.
Phase 2 Meetings:
♦ Advisory committee (Io be consolidated into Phase 3 meeting helotk-)
♦ Stall check-in: Regular monthly check-in call
Pliase 2 Deliverable:
Vision and goal statement,/priorutes and guiding principles(PowerPoint fxrm,it`
Timeframe: Months 2 4
Phase 3: Idea Formation
Using the information collected in Phases I and 2,the cunsultani team will Synthesize
and map tlit, key community assets, economic force; and other investment drivers
that can propel redevelopment in Downtown Baytown. This process involves
distilling and mapping a wide range of contcMual information including existing
planning documents, available market and real estate data, and property condition
and ownership to determine Downtown's overall(rc)invcsuncin and(rc)devel Opine lit
potential A malor focus of this element will be to firmly etitabhsh the boundaries of
the downtown area based on Eurrcnt zoning; land use and traffic patterns; street-
types; community landmarks and land features; activity nodes and %valkability
Another focus will be on identifying the key catalyst siics that will he the subject of
more detailed planning and design work in later phases.
1 his highly graphic work product will ,crN,c as in early framework for the urban
design element of the downtown plan and '.will he used r.xtensively t't sna ulate
u0ninuinrty inptu as the plan in-full is being developed
Also its part of this phase, KKC will highlight assumpttans, opporiunitics and
challenges,and a vision and guiding principles specific to the downtown area. KKC
will also:
♦ tiummarize market and development gaps, with strategies for attracting rekited
investment and new husinc,xs.
♦ Profile a nen economic development incentivc/i tit plcmen tat ion program
for downtown based on best practices From around the region or country.
The program design will include key eligibility criteria such as: project type,
minimum project cost/size thresholds, fiscal/catalytic impact and alignment with
the Comprehensive Plan It will also address any existing capacity gaps that inay
impede implementation
Phase 3 Meetings
♦ Advisory committee. Meeting(#2) Presentation of Goals, Priorities and Guiding iCLNDIG i(LAST
Pritwiples and Formulation (conteMial study) infographics , t! c o t t. A e o R A t I v e
♦ Mall check-in- Monthly check-in
PROPOSAL • DOWNTOWN • •
Pba a 3 Deliverables
"KKC is a terrific firm of
♦ Formulation (contextual study) info graphic (poster format) passionate, experienced, and
thoughtful planners and plan
♦ Existing Downtown Conditions Analysis, which will highlight key findings and implementers They are a
observations emerging from KKC' initial background studies and leadership pleasure to work with, and their
and community involvement activities. It will also include a review of the City's work products are excellent. 1
current economic development incentive and business recruitment and retention would be pleased to recommend
practices as well as a baseline infrastructure assessment(PowerPoint format) them for any planning or plan
implementation project."
Timeframe:Months 3-5
Honorable Henry Martinez
PHASE 4: Concept Design Former MayorCity of Zachary, LA
Assimilating all of the preceding work and feedback received- KKC. will prepare a
50% version of the Draft Downtown Design Plan (graphic work-product only) The
Design Plan will focus primarily on the physical environment of downtown and
depict: the placement,scale,and shapes of new buildings;streetscape hierarchies and
treatments;downtown gateways and wayfinding elements;traffic-calming techniques
and placements,and land uses within the proscribed area of Downtown Baytown. r
Also during this phase, KKC will consult with city staff on the selection of target
geographies and pilot project areas and types for more detailed, sub area design
planning. This work will likely be informed by a host of other factors including:
catalytic impact anti the relative ease or difficulty of implementation based on costs,
site availability, staff capacities, scalabiluy and the degree of public intervention
required.
Phase 4 Meetings
♦ Advisory committee Meeting #3: Presentation of Downtown Urban Design
Concept Plan (50% Draft)*
♦ Public Presentation (Open House format)*
♦ Staff check-in: Monthly check-in
Phase 4 Deliverable
♦ First concept-level (50%) version of downtown urban design plan (presentation
boards and Powerpoint)
Timeframe: Months 4-6
PHASE 5: Development and Refinement
Based on input received from the public and the advisory committee, KKC will adjust
and refine the concept plan to a higher level of detail.Areas of detail will he sharpened
and call-outs added to give the concept plan more precision and clarity. The goal at
this stage Is Lo develop the urban design plan to a 90% level of completion so that
the more general aspects of the plan as a whole, such as the required infrastructure
and economic development tools, can be scoped and described in the draft plan
document.
1 ^ENDIG KEAST
C 0 1 L A 6 0 R A T I V E
PROPOSAL FORDOWNTOWN PLAN FOR
Also, as a part of this element, the consultant team will create up to three detailed
conceptual (re)designs for key catalyst redevelopment sties. The redesign, will
encompass combinations of discrete building groups or blockface types; infill
architecture-, development parking locations and treatments; and streetscape style s .
elements and building/street interfaces.The workproduct will illustrate t here concepts t
with a variety of media including hand drawings, cotttputer-generated graphics, and .._
photo examples- ;
Along with the 9011 design plan, this element will begin to address:
♦ Action strategies for business attraction and retention, redevelopment finance.
land use, circulation and connectivity and marketing and programming-,
♦ Physical place making and district-defining elements, including special emph.'Ar'
on gateway concepts and signage/wayfinding,
♦ Infrastructure needs including parking, streets, broadband and water, sewer and
waste water
♦ I-:conom is development tools and rc,ourccs and,
♦ Refinement of the concept-levcl designs produced in Phase 2 hated till community,
advisory committee Input.
Phase 5 Meetings
♦ Advisory committee and/sir Public Informational Mecting. Fleeting #4.
Presentation e)f Downiown Urban Design Plan (90% Draft) and sub-areas plans
(3)*
♦ City (iouncil/PN/_Commission presentation*
♦ Staff check-in: Monthly check-in
Phase 5 Deliverables
♦ Refined Urban Design Plan (901, level)
Up to three catalyst site(sub-area) design concepts.
♦ I)raft Future Downtown Strategy. a high-level PowerPoint to accompany the
Urban Design Plan to include rCOninlcndhltions on infrastructure, economic
development tools, funding source,,,dowtatown programming,capacity-building
and prornotion/marketing I he document will be prepared in a highly graphic
format with appropriate narrative to accompany the maps and illustrations.
Trmeframe: Months 5-7
PHASE 6: Implementation
Once consen,us has been reached on the main precepts of the Draft Downtown Master
Plan Ox- Urban Design Plan and E�uture Downtown Strategy), KKC will develop and
present the full implementation "back-up" recommendations in written document
format. Content will consist of,
ITN"I� NDIG MAST
C O L L A B O R A T I V E
PROPOSAL FOR A DOWNTOWN PLAN FOR BAYTOWN TX
♦ Priority action initiatives for the area,along with considerations for each involving
relevant best practices, potential barriers to overcome, and sequencing and
phasing of interrelated projects
♦ Incentive tools and alternative organizational models that may be needed to address
area-specific needs 4e.g., special financing tools, targeted grant opportunities,
land assembly and land banking, business services and support, area marketing
and promotion, special events programming, etc.). This can also include the
formation of special entities such as improvement disuricts,management districts,
Main Street Programs, and community-development corporations/authonties.
♦ A complete implementation schedule with short-medium-long term timeframes
that identify: responsible parties (both lead and support roles); possible funding
sources and any external factors to be considered_ Any critical-path dependencies
will he noted and mapped on the schedule_
Phase 6 Meetings
♦ Advisory committee, Meeting#5- Presentation of implementation strategy_
• Final presentation to City Council and/or PN7-
♦ Staff check-in. Monthly check-in meeting.
Phase 6 Deliverables
♦ Draft Implementation Plan containing specific implementation priorities and
considerations, roles and responsibilities, and timing and coordination of key
initiatives. Produced in graphic forinat.
♦ 1[caring Draft version of the proposed Downtown Plan produced in enCodePlus
format.
♦ Compilation of further potential revisions to the Hearing Draft version to highlight
any further plan adjustments made prior to final consideration.
♦ Electronic files for all elements of the final as-adopted plan document.
Timeframe: Months 6-8
.I KENDIG KEAST
C 0 L L A B 0 R A T I V E
EXHIBIT "B"
COMPENSATION AND PROFESSIONAL FEES
PROPOSAL FOR RFP23-0536 ECONOMIC DEVELOPMENT STRATEGIC PLAN FOR BAYTOWN.TX 20
D. COST PROPOSAL
We are pleased to submit the following cost proposal to the City of Baytown to We emphasize that all of our
facilitate the process of creating an Economic Development Strategic Plan_ Pending estimated costs are entirely
final project scoping, our estimated total cost is $79,850. negotiable depending on
The project costs are presented to show all associated labor costs by key staff the actual scope of work
and timeline set for the
person, and the total proposal price which consists of direct expense costs plus the project. Most ali project
professional labor fees. 'These cost estimates are based on our understanding of the scoping processes require.
City's needs and project priorities and the approach we have outlined in response such give and take and
As stipulated in the RFP all materials and supplies will be billed at cost, with no work program refinement
to arrive at mutually
multipliers, including the mileage rate which will be billed at actual mileage cost agreeable mutually
that
using the Federal rate. Below are the hourly labor rates for key personnel. will accomplish the project
LABOR RATES objectives while remaining
within the City's available
KKC President ........................ $175 budget. We have a long
KKC Principal Associate.......... $170 track record o-working
through this process with
KKC Urban Designer.............. $135 our clients so contract
C.DS Principal......................... $205 execution ma,, proceed and
work can begin promptly.
AR&C Principal...................... $175
HOURS BY TASK
Y
Total
Mn
P Hours/
a0°i `tg a Task
PHASE TASK
nk�t nd�slrqy Analysis — 10 12 za 5a
jNE
24 24
2.Visioning : Goal-Setting
Statement 22 24 20 I fib r
EXPENSES $1,750
pPor#unity Analysis 34 12 5 51
Opportunity Analysis 24 15 44
EXPENSES $1,250
c Plan 5 34 18 I 57
plprnd.WOn Plan S 34 10 I 49 53,005
onanliv Development 1'oatb 34 34 5 I 73
InaJ Plan 20 34 I 54
EXPENSES $1,500
37 214 155 24 38 468
Cost of Labor 1 $6,475 $36,380 $20,925 $4,920 $6,650 $75,350
TOTAL I
TKENDIG KEAST
C O L J. A B O R A T I V E
PROPOSAL • ' A DOWNTOWN i ' BAYTOWN, TX
D. COST PROPOSAL
We are pleased to submit the following cost proposal to the City of Baytown to
facilitate the process of creating a Downtown Plan, based on our understanding of
the City's needs and project priorities and the approach we have outlined in our
response. Pending Sinai project scoping, our estimated total cost is S70,300.
As with the Economic Development Strategic Ilan, all materials and supplies will be
billed at cost, with no multipliers, including the mileage rate which will be billed at
actual mileage cost using the Federal rate.
Estimated costs by phase and task are as follows:
H[ASF' 1: Observation and Assessment = S 13,325
PI IASE I Expenses=$ 1,200
PHASE 2: Vision and Coal-Setting= S5,175
III1ASE 2 Evpertscs=S 0
PHASE 3: Idea Formulation = $9,070
I'IIASE 3 Evperiscs=$0
PHASE 4: Concept Design = $9,775
PHASI:4 Lvpenscs= S1,400
PHASE 5: Dcvcloprncnt and Winemcnt = $15,955
PHASI 5 I apcnses= $0
PHASE 6: Implementation $6,640
PI EASE 0 I_vpcnses=$1,500
Administration $6,260
1-01"AI. for All PHASES — $70,300
KENDIG KEAST
I C 0 L L A 0 0 R A T t V E
EXHIBIT "C"
SCHEDULE OF WORK
PROPOSAL FOR • • • FOR
PROJECT TASKS AND PERSONNEL HOURS MATRIX
I'he matrix below identifies project tasks and shows their estimated duration and
completion, along with estimated milestones of deliverables and meetings. It altio
shows the number of labor hours project personnel have been preliminarily assigned
fur each task,and the total number of estimated labor haul's for each task.
i 4 S i HOURS BY TASK
ir � d Total
PubkcEngagement&Meetings X+ X+ x Hours/
PHASE
TA"
Ii%rrv%CFV 20 12 28
PA rkrt ,
Sv*ve7
74
AAi51on}
Union
Oppwwrfily
an3'gsic �" 34 12 S
3.Opportunity Analysis
SNrR+H '1' }
a* S 24 15
ei Fa l't
$Ira[rg'r PLa,n .. 5 is
4.Economic Positioning Alignment
Impl*meq ,
tal!ian Plan
r;Gpr
bevrbRm't S
TabibuK
finet Pl an 20 )a
17 20 155 24 #g
�C Deliverable Timeframe X Advisory Committee iNtg Roundtable Event and/or Public Mtg