Ordinance No. 3,55330127 -3
ORDINANCE NO. 3553
AN ORDINANCE AUTHORIZING AND DIRECTING THE
MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND
THE CITY CLERK TO ATTEST TO AN INTERGOVERN-
MENTAL AGREEMENT WITH THE HOUSTON- GALVESTON
AREA COUNCIL FOR A SMALL AREA TRANSIT STUDY
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby
authorizes the Mayor and City Clerk of the City of Baytown to execute and attest
to an Intergovernmental Agreement with the Houston - Galveston Area Council for a
Small Area Transit Study, said Agreement being attached hereto, marked Exhibit
"A", and made a part hereof for all intents and purposes.
Section 2: That this Ordinance shall take effect from and after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 27th day of January , 1983.
r
le • •
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B.-STRONG, City torney
INTERGOVERNMENTAL AGREEMENT
STATE OF TEXAS X
COUNTY OF HARRIS X
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THIS INTERGOVERNMENTAL AGREEMENT, entered into this day of ,
1983 by and between the Houston - Galveston Area Council and the City of Bay-
town.
WITNESSETH
WHEREAS, the Houston - Galveston Area Council is designated the Metro-
politan Planning Organization for the Gulf Coast State Planning Region by the
Governor of the State of Texas; and
WHEREAS, the use of funds made available under Section 8(d) of the Urban
Mass Transportation Act of 1964, as amended, shall be governed by the Houston -
Galveston Area Council in accordance with the Urban Mass Transportation Admin-
istration External Operating Manual (UMTA 1000.2, Chg. 2., 3- 11 -74, Chapter
III).
NOW, THEREFORE, IT IS HEREBY AGREED that the Houston - Galveston Area
Council and the City of Baytown should enter into an Intergovernmental Agree-
ment to effectuate the use of Urban Mass Transportation Administration Sec-
tion 8(d) funds.
STATEMENT OF WORK
The work which may be undertaken by the City of Baytown includes Work Element
5.3 as contained in the Houston - Galveston Area Council's 1983 Unified Plan-
ning Work Program wherein the City of Baytown is designated as responsible.
Work Element 5.3 and the associated Scope of Service is designated as ATTACH-
MENT A and B respectively and are incorporated within this agreement as the
STATEMENT- OF WORK. Al l or any part of the STATEMENT OF WORK may be undertaken'
upon written request by the Mayor of the City of Baytown and upon receipt of
written approval by the Executive Director of the Houston-Galveston Area
Council subject to the limitations and requirements of this agreement.
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AGREEMENT PERIOD
The work which may be undertaken by the City of Baytown under Work Element
5.3 shall be completed by December 31, 1983, beginning upon receipt of
written approval from the Houston - Galveston Area Council. Additional time
for work completion may be approved by the Executive Director of the Houston-
Galveston Area Council.
COMPENSATION
On receipt of written approval from the Houston - Galveston Area Council to
proceed, the City of Baytown may bill as frequently as monthly and will be
reimbursed upon receipt of funds to the Houston - Galveston Area Council from
the Urban Mass Transportation Administration for 80% of costs incurred based
upon the rate of completion of Work Element 5.3. In no case shall total
compensation for approved Work Element 5.3 exceed $9,600 from Section 8 (d)
funds of the Urban Mass Transportation Act of 1964, as amended. Billings to
the Houston - Galveston Area Council shall specify the percentage of completion
of Work Element 5.3 and shall be accompanied by monthly PROGRESS REPORTS
describing work completed and specifying costs as required in UMTA 1000.2,
Chg. 2, 3- 11 -74.
SUBCONTRACTS
A. In fulfilling its duties pursuant to this Agreement, the City of Baytown
may subcontract with any individual, corporation, organization, government or
governmental subdivision or agency, partnership, association or other legal
entity.
B. The City of Baytown agrees to obtain written approval of each subcontract
from the Executive Director of the Houston - Galveston Area Council and the
Urban Mass Transportation Administration prior to committing or expending any
funds pursuant to such subcontract and before the subcontract may be used as
a basis for payment to the City of Baytown under this contract, provided no
condition shall be required in any subcontract unless it is in this contract
or specifically approved by the Houston - Galveston Area Council for inclusion
in the subcontract.-
PROGRESS REPORTS
The City of Baytown shall submit monthly progress reports in three copies to
the Executive Director of the Houston - Galveston Area Council. The report
shall outline work accomplished during the previous month or since the last
30127 -3c
progress report to include, but not be limited to, the percentage of comple-
tion of the overall project and each work phase, special problems or delays
encountered or anticipated, changes in estimated values of each work phase,
the anticipated work activities for the next report period, and a brief de-
scription of work accomplished, methodologies used, and conclusions reached,
if any, for each task.
COORDINATION OF PLANNING
The City of Baytown agrees to conform to Work Element 5.3 prescribed by this
Agreement to applicable governmental policies for the development of trans-
portation systems in Texas. The preparation of Work Element 5.3 shall be
undertaken in concert with the present or future planning designations and
responsibilities held by the Houston - Galveston Area Council and other inter-
ested agencies or governments.
PUBLIC DATA
All data and information developed under this Agreement shall be public data
and information, and shall be furnished or made available, upon request, to
the Houston - Galveston Area Council and other interested and affected agen-
cies, governments and parties.
TERMINATION
A. This Agreement may be terminated for reasons other than full performance
by written agreement between both parties to the Agreement.
B. In order to terminate the Agreement for breach of performance, the party
claiming the breach shall give the other party written notice of its claim
and, unless an agreement otherwise is reached, termination shall occur on the
the thirtieth day after receipt of such notice.
C. In the event of termination, the City of Baytown shall deliver to the
Houston - Galveston Area Council all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, reports, photographs, etc., pre-
pared by the City of Baytown or any of its subcontractors under this Agree-
ment. All such materials shall become the Houston - Galveston Area Council's
exclusive property.
D. The City of Baytown, on agreement by the parties to this Agreement, shall
be entitled to receive just and equitable compensation for any satisfactory
work completed on such material.
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E. By delivery of materials upon termination, the City of Baytown shall not
be relieved of liability to the Houston - Galveston Area Council for damages
sustained by the Houston - Galveston Area Council by virtue of any breach of
the Agreement by the City of Baytown and the Houston - Galveston Area Council
may withhold any payments to the City of Baytown for the purpose of setoff
until such times as the exact amount of damages due the Houston - Galveston
Area Council from the City of Baytown is determined.
TRANSFER OF INTEREST
Neither the Houston - Galveston Area Council nor the City of Baytown may assign
or transfer its individual interests in this Agreement without the written
consent of the other party. The Houston - Galveston Area Council and the City
of Baytown each binds itself and its successors to all covenants in this
Agreement. Nothing herein is to be construed as creating a personal liabil-
ity on the part of any officer or agent of any public body which may be a
party hereto.
MAILING ADDRESS
All notices and communications under this Agreenent to be mailed or delivered
to the City of Baytown shall be sent to the address of the City as follows,
unless and until the Houston - Galveston Area Council is otherwise notified:
Mr. Bill Cornelius
Director of Planning
City of Baytown
P. 0. Box 424
Baytown, Texas 77520
All notices and communications under this Agreement to be mailed or delivered
to the Houston - Galveston Area Council shall be sent to the address of the
Council as follows, unless and until the City is otherwise notified:
Mr. Michael Weaver
Transportation Manager
Houston - Galveston Area Council
P. 0. Box 22777
Houston, Texas 77227
Any notices and communications required to be given in writing by one party
to the other shall be considered as having been given to the addressee on the
date the notice or communication is posted by the sending party.
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AMENDMENTS TO AGREEMENT
Subject to the provisions of the Acts administered by the U.S. Department of
Transportation, the parties hereto, without invalidating the Agreement, may
alter or amend this Agreement upon advance written agreement of the parties.
ACKNOWLEDGEMENT OF FINANCIAL SUPPORT
The City of Baytown shall acknowledge financial support whenever work funded,
in whole or in part, by this Agreement is publicized or reported in any news
media or publication. All reports, maps and other documents completed as a
part of the Agreement, other than documents prepared exclusively for internal
use within the City of Baytown, shall carry the following notation on the
front cover or a title page and on the face of maps:
Preparation of this report has been financed in part by a grant from the
Urban Mass Transportation Administration of the U.S. Department of Trans-
portation under the Urban Mass Transportation Act of 1964, as amended.
COST OF LIVING
Urban Mass Transportation Administration grant conditions require that the
City of Baytown and any subcontractor under the terms of this Agreement shall
comply with applicable regulations and standards of the federal Cost of
Living Council in establishing wages and prices. Requisitions submitted by
the City of Baytown shall constitute certification that amounts to be paid
under the terms of this Agreement do not exceed maximum allowable levels
authorized by the Cost of Living Council regulations or standards. Viola-
tions which occur shall be reported to the Houston - Galveston Area Council and
the local Internal Revenue Service field office.
MINORITY BUSINESS ENTERPRISES
The City of Baytown under the terms of this Agreement shall prescribe an
affirmative action program for the participation of minority business enter-
prises in work to be undertaken. Such program shall be consistent with
federal policy expressed in Executive Order 1.1625 and supplemented by UMTA
Circular 1165.1, March 1, 1978, to assure that minority business enterprises
have the -maximum practical opportunity to participate in contracting activ
ities.
EQUAL EMPLOYMENT OPPORTUNITY
In connection with the execution of this Agreement, the City of Baytown shall
not discriminate against any employee or applicant for employment because of
30127 -- 3f
race, religion, color, sex or national origin. The City of Baytown shall
take affirmative actions to insure that applicants are employed, and that
employees are treated during their employment, without regard to their race,
religion, color, sex or national origin. Such actions shall include, but not
be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff, or termination; rates of pay,
or other, forms of compensation; and selection for training, including appren-
ticeship. These provisions are further supplemented by the requirements of
UMTA Circular 1155.1 and 1160.1, March 1, 1978.
AUDIT AND INSPECTION OF RECORDS
The City of Baytown shall permit the authorized representatives of the U.S.
Department of Transportation and the Comptroller General of the United States
and /or the Houston - Galveston Area Council to inspect and audit all data and
records of the City relating to performance under this Agreement. Such data
and records shall be maintained by the City of Baytown for a period of at
least three years from the date cf completion of the terms of this Agreement.
PROHIBITED INTEREST
No member, officer, or employee of the City of Baytown or of the Houston -
Galveston Area Council during his tenure or one year thereafter shall have
any interest, direct or indirect, in this Agreement or the proceeds thereof.
INTEREST OF MEMBERS OF OR DELEGATES TO.CONGRESS
No member of or delegate to the Congress of the United States shall be
admitted to any share or part of this Agreenent or to any benefit arising
therefrom.
APPROVAL
The City of Baytown and the Houston- Galveston Area Council do hereby bind
themselves to the faithful performance of the terms of this Agreement. It is
mutually understood that this Agreenent -shall not become effective until all
approvals required as part of the City of Baytown Charter have been received,
and until approved by the Board of Directors of the Houston - Galveston Area
Council. Such approvals must be obtained prior to the affectuation date of
this Agreement.
Attest:
Michael Weaver
Transportation Manager
30127 -3g
The Houston- Galveston Area Council
By:
Jack Steele
Executive Director
Date:
Attest: The City of Baytown
By:
Emmett Hutto
Mayor
Date:
ATTACHMENT A
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Element 5.3 Transit Service Development
Objective:
To investigate the need for expanded service throughout the metropolitan
area, to review alternative means for the provision of new and expanded ser-
vices; to implement those services which would meet existing demands, to ana-
lyze the efficiency and effectiveness of these services.
Previous Work:
In 1980, plans for implementation of new /improved transportation services,
recommended services changes, and new service options were developed. Previous
work also includes O/D surveys, a TSM study, the 1978 model, a survey of tran-
sit users, an operator survey for bus stop shelter sites, and the Clear Lake
shuttle bus survey.
Scope and Methodology:
Work would continue on a transition transit system from the present radial
downtown oriented bus network to one which is compatible with the high capital
cost system to be inaugurated this decade. General system -wide analysis would
be supplemented by market research focused in particular areas such as the Gulf
Freeway area, West Houston and activity centers such as the Galleria. H -GAC
would conduct shuttle bus studies of areas adjacent to MTA`s boundaries such as
east Harris County, Ft. Bend and Montgomery counties.
In addition, various projects would:
1) document current trip - making patterns by households for non -work
related trips,
2) document RUCUS experience (Run Cutting System),
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30127- 3i
3) study individual route performance and evaluate transit route activ-
ities against established national standards,
4) assess adequacy of existing roadway facilities to activity centers and
develop recommendations for proposed improvements,
5) analyze potential transit activity in the Gulf Freeway and West Hous-
ton areas, making use of telephone survey.
6) use written multiple- choice questionaires to receive input from bus
operators on particular service questions.
Product:
A transit system which can be altered gradually to allow use with.the high
capital cost system to be developed this decade. Reports documenting RUCUS and
current trip patterns. Report suggesting areas of service changes and improve-
ments. Written recommendations for improving bus service to specific activity
centers. Report for Ft. Bend and Montgomery counties shuttle bus studies.
Working papers outlining options of service improvements that may be imple-
mented in the Gulf Freeway and West Houston areas, including suggesting proce-
dures for implementing service in the West Houston area. Working paper of
route performance.
Res onsibilit
MTA, City of Houston, H -GAC, Baytown.
Funding:
1983
UMTA
LOCAL
TOTAL
H -GAC
82,000
20,500
102,500
Houston
18,400
4,600
23,000
Baytown
9,600
2,400
12,000
MTA
188,000
47,000
235,000
TOTAL
298,000
74,500
372,500
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ATTACHMENT B
Object of Study:
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The object of this study is to determine the potential market for local
and /or inter city public transit in Baytown and in the Baytown extra - territorial
jurisdiction.
Scope of the Study:
1. Pertinent data on the community will be gathered. Included in this
will be (a) employment growth projections for the leading industries; (b)
identification of present activity centers as well as projected location and
size of future activity centers; (c) projected residential growth patterns;
(d) student population with no access to a school bus.
2. A survey will be made of individuals who live, work, shop and /or
attend school in Baytown. This survey will ask about the commute to work,
trips into Houston, local shopping and business trips, and the interest of
the individual in local and /or inter city transit.
3. An analysis of all the collected data and survey results will be
made. This will be done in conjunction with information available from the
1980-census, the Small Area Transit Study for Baytown done in 1977 -78 and
the Small Area Transit Studies that H -GAC will conduct in 1983.
4. A determination of the feasibility of a transit system in the study
area will be made. A map of the activity centers and estimates of the transit
demand and.potential ridership for each center will be prepared. A study will
be made of the availability and use of transit in other communities that are
comparable.to Baytown.
5. A report will be prepared on the study which will include results
of each previous section of the 'scope of study'.
CITY OF BAYTOWN
TASK BUDGET ESTIMATE
BY SCOPE OF STUDY NUMBER
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1. Collection of Pertinent Data
2. Survey Development, Circulation and Tabulation
3. Analysis of survey and other data
4. Design of transit system
5. Report of study
$ 700
$ 3,000
$ 2,500
$ 3,000
$ 2,800
TOTAL $12,000
CITY OF BAYTOWN
ESTIMATE OF EXPENDITURES
UMTA
January 1, 1983 - December 31, 1983
Labor Cost:
Labor Additive:
Authorized Rate: 34.84%
Total Labor:
Hire of Equipment:
Vehicle Car Allowance:
Out of Region Travel:
Office Supplies $ Printing:
Minor Tools $ Supplies:
Education $ Training:
Non -Labor Total:
$ 7,998.00
$ 2,786.50
$ 445.00
$ 325.00
$ 195.50
$ 150.00
$ 100.00
TOTAL:
3-127-31
$ 10,784.50
$ 1,215.50
$ 12,000.00