Ordinance No. 9,10420010208 -1
ORDINANCE NO. 9104
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN
AGREEMENT WITH MKP CONSULTING TO PERFORM PROFESSIONAL SERVICES
FOR THE BAYTOWN LOW -INCOME TRANSPORTATION STUDY; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -SEVEN
THOUSAND TWENTY AND NO /100 DOLLARS ($27,020.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the
City Manager and the City Clerk of the City of Baytown to execute and attest to an agreement with MKP
Consulting to perform professional services for the Baytown Low - Income Transportation Study. A copy of
said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to MKP Consulting
to perform professional services for the Baytown Low - Income Transportation Study of the sum of TWENTY -
SEVEN THOUSAND TWENTY AND NO /100 DOLLARS ($27,020.00), pursuant to the Agreement.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated §
252.048, the City Manager is hereby granted general authority to approve any change order involving a
decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO / 100 DOLLARS ($25,000.00) or
less, subject to the provision that the original contract price may not be increased by more than twenty -five
percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor to
such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 8t' day of February, 2001.
x� c.
PETE C. ALFARO, Mayor
F.'"M a N I
z2
G Y SMITH, City Clerk
APPROVED AS TO FORM:
4ATIO—RAMIRE , SR., City Attorney
dA\MyDocuments \Counci1\00 -01 \ February\ AwardLowIncomeTransportationStudyContract
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PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
KNOWN BY THESE PRESENTS:
This Agreement is made this day of , 200_, by and between
the City of Baytown, Texas, acting by and through its City Council of the City of Baytown,
Texas hereinafter referred to as the "City," and MKP Consulting a corporation
authorized to do business in Texas, hereinafter referred to as the "Consultant "; and the Parties do
hereby make and enter into the following agreement:
ARTICLE I.
Consultant
1.1 The Consultant as an independent contractor covenants and agrees to perform
professional services for the Baytown Low - Income Transportation Study as described in
Article II. Such services shall be performed by the Consultant in accordance with the
terms of this Agreement and for the consideration herein stated. The Consultant
covenants and agrees to perform the services in a professional manner. The Consultant
shall complete the scope of work and shall submit reports to the City as required.
1.2 The Consultant shall provide its services under this Agreement with the same degree of
care, skill and diligence as is ordinarily provided by such professional under similar
circumstances for the preparation of the Baytown Low - Income Transportation Study and
to which this Agreement applies. The Consultant will further give professional
consultations and advice to the City during the performance of the services under this
Agreement.
ARTICLE II.
Scope of Work
2.1 The Consultant will perform the professional services related to the Baytown Low -
Income Transportation Study as set for in Exhibit "A," which is attached and made a part
of this Agreement for all intents and purposes.
2.2 Pursuant to this Agreement, the City shall have the option to obtain the services of the
Consultant to perform additional services. Such additional services shall be described in
a written amendment to this Agreement, as agreed mutually by the City and the
Consultant, including a description of the additional work, associated compensation, and
time schedule as applicable.
NI�IT �
Professional Services Agreement, Page 1
ARTICLE III.
Consultant Personnel
3.1 The Consultant represents that it has or will secure at its own expense, all personnel
required in performing the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the City.
3.2 The Consultant may contract with subconsultants for portions of the work or services
under this Agreement with the prior written approval of the City. Any work or services
subcontracted hereunder shall be specified by a written Agreement and shall be subject to
the provisions of this Agreement.
ARTICLE IV.
Support Services
4.1 The City agrees to provide the Consultant with support services during conduct of the
services listed in Article II. Support services will include the services described in
Exhibit `B," which is attached hereto and made a part of this Agreement.
4.2 To the extent authorized by law, the readily available existing data and documentation
obtained by the City that are relevant to the accomplishment of the Scope of Work
specified in Article II shall be made available by the City for use by the Consultant.
However, in providing such data and documentation, the City makes no warranty as to
the accuracy or reliability of the same.
4.3 The City shall consider and act on all documents and project work items submitted by the
Consultant that require review, comments or approval by the City within a reasonable
period of time so as to enable the Consultant to compete the work on schedule as
provided in Article V of this Agreement.
4.4 The City agrees to provide the Consultant with support services needed to organize,
schedule, notify, provide, meet, locate, conduct meetings, and prepare minutes of
meetings for the Baytown Low - Income Transportation Study, including committees,
workshops, public meetings and public hearings as described in Article II. The
Consultant will advise and coordinate with the City to accomplish these support services.
ARTICLE V.
Time of Performance
5.1 The Consultant shall commence services upon execution of this Agreement and receipt of
written notice to proceed from the City.
Professional Services Agreement, Page 2
5.2 The Consultant shall complete the services described in Article II within two (2) months
from receipt of written authorization to proceed by the City, unless the scope of work and
time of performance are changed in accordance with Article X.
5.3 The completion schedule set forth in Section 5.2 may not be subject to causes that result
in delay over which neither the Consultant nor the City has any control. Notification and
justification of any such delays identified by the Consultant must be made in writing and
approved by the City. The schedule of work will be extended to include any such delays
pursuant to Article X.
5.4 Except for the indemnity provided for in Section 13.2 and the tail coverage required in
Section 13.1, this Agreement shall terminate upon the City's final acceptance of work
completed by the Consultant, unless otherwise terminated or modified as hereinafter
provided.
ARTICLE VI.
Compensation to Consultant
6.1 The City shall compensate the Consultant for the professional services performed under
this Agreement. For the basic services described in Exhibit "A," the City shall pay the
Consultant in full payment for services rendered a sum not to exceed twenty -seven
thousand and twenty dollars ($27,020). The maximum amount is based upon the project
budget contained in Exhibit "C," which is attached and made a part of this Agreement for
all intents and purposes. The maximum amount may be modified pursuant to Article X,
in the even of increased cost, change in the scope of work, time of performance, delays or
increase or decrease in the complexity or character of the work.
6.2 For additional services rendered pursuant to Section 2.2, the City shall compensate the
Consultant in the manner similar to the basic services and in accordance with the
maximum amount payment and other terms as specified in the amendatory agreement
providing for the additional services.
6.3 Payment shall be made only after receipt of a detailed statement showing the percentage
of the project completion and the amount payment less any previous payment made by
the City and a monthly progress report letter containing a report of work completed and
the percentage completion by task and for the overall project. The progress report letter
will describe the basic or additional services performed and the work accomplished
during the report period, as well as any problems or delays encountered and actions taken
or to remedy them. Each statement shall be certified as true and correct by an officer of
the Consultant. Each invoice is due and payable by the City within thirty days following
the date of its receipt by the City or within thirty days of receipt of the invoiced services,
whichever is later. However, the City shall not be obligated to pay the full amount of an
invoice if there is a dispute in the bill tendered by the Consultant to the City for payment.
In such case, the City shall pay only the undisputed amount.
Professional Services Agreement, Page 3
El
When approximately 60 percent of the sum specified in Section 6.1 has been invoiced by
the Consultant, the Consultant shall provide, with the monthly progress report, an
assessment of the project to -date, including recommended modifications to the scope of
work and/or the expected need for additional authorizations, if any. The Consultant will
not exceed the maximum fee specified in Section 6. 1, unless authorized in writing by the
City.
6.4 The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the City for the performance of this Agreement. If at any
time during the period of performance under this Agreement, the City does' not make
sufficient appropriations and authorizations, this Agreement shall terminate upon written
notice being given by the City to the Consultant. The City's decision as to whether
sufficient appropriations are available shall be accepted by the Consultant and shall be
final.
ARTICLE VII.
Product of Services, Copyright
7.1 The Consultant and the City mutually agree that reports, maps and materials prepared or
developed under the terms of this Agreement shall be delivered to and become the
property of the City. The Consultant shall have the right to retain copies and to utilize the
product of its services for marketing purposes, except for any confidential information, as
defined in Article XI hereof.
7.2 The Consultant shall fiunish the City with the number of copies of reports as indicated in
Article. Il.
7.3 Nothing produced in whole or in part by the Consultant under this Agreement shall be
subject to application for copyright by or for the Consultant.
7.4 The Consultant hereby grants and conveys an ownership interest to the City in all work
products relating to the services required to be performed in this Agreement without
additional compensation.
ARTICLE VIII.
Private Interest of Public Officials and Consultant
8.1 No employee, agent or member of the City Council of the City shall have any financial
interest, direct or indirect, in this Agreement or the proceeds thereof.
Professional Services Agreement, Page 4
ARTICLE IX.
Certifications of Consultant
9.1 The Consultant has not employed or retained any company or person, other than a bona
fide employee working solely of the Consultants, to solicit or secure this Agreement, and
that it has not been paid or agreed to pay any company or person other than a bona fide
employee working solely for the Consultant, any fee, commission, percentage, brokerage
fee, or any other consideration contingent upon or resulting from the award or making of
this Agreement.
9.2 The Consultant presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of services
under this Agreement.
ARTICLE X.
Changes or Termination
10.1 This Agreement may not be altered, changed or amended except by instrument in writing
executed by the parties hereto.
10.2 The City may, from time to time, request changes in the scope of work and time of
performance for the services of the Consultant to be performed hereunder. Such changes,
including any increase or decrease in the amount of the Consultant's compensation,
which are mutually agreed upon by and between the City and the Consultant, shall be
incorporated in written amendments to this Agreement.
10.3 This Agreement, with the exception of Section 13.2 and the tail coverage required in
Section 13.1 may be terminated before the expiration date specified in Article V by any
of the following conditions
a. Right of either parry to terminate for cause. This Agreement may be terminated
by either of the parties hereto for failure by the other party to perform in a timely
and proper manner its obligation under this Agreement. A signed written notice
of such termination shall be delivered to the other party by registered or certified
mail and such termination shall take effect twenty days after the notice is
deposited in the mail provided that the failure to perform has not been remedied in
full prior to the expiration of the twenty -day period. By such termination, either
party may nullify obligations already incurred for the performances or failure to
perform before the termination date.
b. Right of the City to terminate for convenience. This Agreement may also be
terminated by the City for reasons other than failure by the Consultant to perform
in a timely and proper manner its obligations under this Agreement. A signed,
written notice of such termination shall be delivered to Consultant by registered or
certified mail and such termination shall take effect not less than seven day
Professional Services Agreement, Page 5
following the date that the notice is deposited in the mail or at 5:00 p.m. on the
date the notice is received by the Consultant, whichever is sooner.
10.4 Upon receipt of a notice of termination under any of the conditions under Section 10.3,
the Consultant shall, unless the notice otherwise directs, immediately discontinue all
services in connection with the performance of this Agreement. Within thirty (30) days
after the conditions specified in Section 10.3 and 10.4 being met or within thirty (30)
days after the Consultant submits a statement of the actual services performed and
payment requested, or within thirty (30) days after the City's receipt of all data, study
products and all other work products required to be tendered to the City, whichever is
later, the City shall pay the Consultant allowable costs incurred, less previous payments.
The City will only be obligated to compensate the Consultant in a just and equitable
manner for those services actually performed prior to the effective date of termination.
Data, study products and all other work product prepared by Consultant under this
Agreement shall be delivered to the City within thirty (30) days after the receipt of the
notice of termination if terminated by the City or within thirty (30) days after tendering
the notice of termination if terminated by the Consultant.
10.5 Notwithstanding the provisions of Section 10.5 above, Consultant shall not be relieved of
liability to the City for damages sustained by the City by virtue of any negligent act or
omission or any breach of the Agreement.
ARTICLE XI.
Confidentiality
11.1 Any information determined to be confidential pursuant to the Texas Public Information
Act that is provided to or developed .by the Consultant in the performance of this
Agreement shall be kept confidential and shall not be made available to any individual or
organization by the Consultant without prior written approval of the City.
ARTICLE XII.
Inspection of Records
12.1 The Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this
Agreement and such other records as may be deemed necessary by the City to assure
proper accounting for all project funds. These records will be retained for three years
after the expiration of this Agreement.
12.2 Any time during normal business hours and as requested by the City, the Consultant shall
make available to the City for examination all of its project records with respect to all
matters covered by this Agreement and will allow the City to review, examine and make
excerpts from such records, and to make copies of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all
Professional Services Agreement, Page 6
matters covered by this Agreement. The financial records of the Consultant will be
available upon request by the City's representative in a timely manner in its office located
in Bellaire, Texas, for audit purposes to the City or its authorized representative. In any
event, the financial records shall be made available to the City in the Consultant's office
within (10) days of the City's request for the same. All copies made by the City pursuant
to this Section shall be made at the sole cost and expense of the Consultant.
ARTICLE XIII.
Insurance and Indemnification
13.1 Throughout the term of this Agreement, the Consultant at its own expense shall purchase,
maintain and keep in force and effect insurance against claims for injuries to or death of
persons or damages to property which may arise out of or result from the Consultant's
services, whether such services be by the Consultant, its agents, representatives,
volunteers, employees or subconsultants or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable.
13.2 The Consultant's insurance coverage shall be primary insurance with respect to the City,
its officers, agents and employees. Any insurance or self - insurance maintained by the
City, its officials, agents and employees shall be considered in excess of the Consultant's
insurance and shall not contribute to it. All coverage for subconsultants shall be subject
to all of the requirements stated herein.
13.3 The errors and omissions coverage herein shall, at a minimum, meet the following
requirements:
Errors & Omissions (E &O)
Limit: $500,000
➢ For all architects, engineers, consultants, and/or design companies.
➢ Claims -made form is acceptable.
➢ Coverage will be in force for two (2) years after project is completed.
13.4 Prior to any work being performed on the site, the Consultant sha1T file with the City
valid Certificates of Insurance and endorsements acceptable to the City. Such
Certificates shall contain a provision that coverage afforded under the policies will not be
canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice
has been given to the City via certified mail, return receipt requested.
13.5 The Consultant shall also file with the City valid Certificates of Insurance covering all
subconsultants.
13.6 The following are general requirements applicable to all policies:
➢ AM Best Rating of A; VII or better.
➢ Insurance carriers licensed and admitted to do business in State of Texas will be
accepted.
Professional Services Agreement, Page 7
13.7
➢ Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage
shall be provided to City of Baytown's representative prior to any work being
performed at the site.
➢ Upon request of and without cost to City of Baytown, loss runs (claims listing) of any
and/or all insurance coverage shall be furnished to City of Baytown's representative.
THE CONSULTANT AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE
"CITY "), FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY HIND,
INCLUDING, BUT NOT LIMITED TO, ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF
ANY PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES PROVIDED BY THE CONSULTANT
PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT
OF THE CONSULTANT'S BUSINESS OR ACTIVITIES, OR FROM ANY
OTHER ACT OR OMISSION BY THE CONSULTANT, ITS AGENTS, AND
EMPLOYEES, WHEN PERFORMING SERVICES IN ACCORDANCE WITH
THIS AGREEMENT, WHERE SUCH INJURIES, DEATH .OR DAMAGES ARE
CAUSED BY THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER
PERSON OR ENTITY AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF
THE CONSULTANT. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO, BOTH THE CONSULTANT AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
THE CONSULTANT TO INDEMNIFY AND PROTECT THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM THE CONSEQUENCES OF
(I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
_CONCURRING CAUSE OF THE - RESULT -ING - INJURY, DEATH OR DAMAGE
AND /OR (II) THE CONSULTANT'S JOINT AND /OR SOLE NEGLIGENCE.
FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH
SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE
INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE
OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR
ENTITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS
BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE,
THE CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND
THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO
THE CITY.
The indemnity provided hereinabove shall survive the termination and/or expiration of
this Agreement.
Professional Services Agreement, Page 8
ARTICLE XIV.
Miscellaneous Provisions
14.1 Neither the City nor Consultant shall be required to perform any term, condition or
covenant of this Agreement while such performance is delayed or interrupted by acts of
God, material or labor restrictions by any governmental authority, civil riot, flood,
hurricanes or other natural disasters, any other cause not within the control of the City or
Consultant that by the exercise of due diligence the City or Consultant is unable wholly
or in part, to prevent or overcome and supersedes all prior agreements and understandings
between City and Consultant concerning the subject matter of this Agreement. Any such
delay in performance shall be excused only for the same amount of time as the
occurrence giving rise to the delay shall have lasted or such period of time as is
reasonably necessary after such occurrence abates for the effects thereof to have
dissipated as determined in the sole discretion of the City.
14.2 This Agreement constitutes the entire agreement between the City and Consultant. No
agreements, amendments, modifications, implied or otherwise, shall be binding on any of
the parties unless set forth in writing and signed by both parties.
14.3 If one or more of the provisions of this Agreement or the application of any provision to
any party or circumstance, is held invalid, unenforceable or illegal in any respect, the
remainder of this Agreement and the application of the provision to other parties or
circumstances shall remain valid and in full force and effect.
14.4 Any notice required to be given pursuant to the terms and provisions of this Agreement
shall be in writing and shall be mailed by certified or registered mail addressed as set
forth below or at such other address as may be specified by written notice:
CONSULTANT
MKP Consulting
Attn. M.K. Purser, Owner
8950 Shoreview Lane
Humble, Texas 77346
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
14.5 The waiver by either party of a breach of any provision of this Agreement shall not
constitute a waiver of any subsequent breach of this Agreement.
14.6 The Consultant shall not assign any interest in this Agreement and shall not transfer any
interest in the same without the prior written consent of the City thereto.
Professional Services Agreement, Page 9
14.7 The City and Consultant each bind itself and its successors, executors and administrators
and assigns of such other parties, in respect to all covenants of this Agreement. Nothing
herein shall be construed as creating any personal liability on the part of any officer,
board member, commissioner, employee or agent of the City.
14.8 The Consultant at such times and in such forms as the City may require, shall furnish the
City such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this Agreement.
14.9 Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be included herein and this Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
14.10 The failure on the part of any party herein at any time to require the performance by the
other party of any portion of this Agreement shall not be deemed a waiver of or in any
way affect that party's rights to enforce such provision or another provision in the future.
Any waiver by any party herein of any provision hereof shall not be taken or held to be a
waiver of any other provision hereof or any other breach hereof.
14.11 Any and all representations and conditions made by the Consultant under this Agreement
are of the essence of this Agreement and shall survive the execution, delivery and
termination of it, and all statement contained in any documents required by the City,
whether delivered at the time of execution or at a later date, shall constitute
representations hereunder.
14.12 In the event of default by any party herein, all other parties shall have all rights and
remedies afforded to it at law or in equity to recover damages and to interpret or enforce
the terms of this Agreement. The exercise of any one right or remedy shall be without
prejudice to the enforcement of any other right or remedy allowed at law or in equity.
14.13 This Agreement is performed in Harris County, Texas, and is subject to all applicable
Federal and State laws, statutes, codes, and any applicable permits, ordinances, rules,
orders and regulations of any local, state or federal government authority having or
asserting jurisdictional.
14.14 In the performance of this Agreement, the Consultant will not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex or
national origin. The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of it, state that it is an equal opportunity employer.
14.15 Two copies of this Agreement are executed; each shall be deemed an original.
Professional Services Agreement, Page 10
9 14.16 The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
14.17 The section headings are used in this Agreement for convenience and reference purposes
only and are not intended to define, limit or describe the scope or intent of any provision
of this Agreement and shall have no meaning or effect upon its interpretation.
14.18 Words of any gender used in this Agreement shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and
vice versa, unless context requires otherwise.
14.19 The officers executing this Agreement on behalf of the parties hereby confirm that such
officers have full authority to execute this Agreement and to bind the party he /she
represents.
IN WITNESS HEREOF, the parties have executed this agreement in duplicate originals
at Baytown, Harris County, Texas.
CITY OF BAYTOWN
MONTE MERCER, City Manager
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
A C RAMIREZ, S ,City Attorney
CONSULTANT
Signature
Printed Name
Title
Professional Services Agreement, Page 11
C
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me,
personally appeared
Consulting, on behalf of such company
known to me;
the undersigned notary public, on this day
the . of MKP
proved to me on the oath of ; or
proved to me through his/her current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
(✓ one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he /she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of
My commission expires:
c: kl h26\ Contracts\ Tansportation\ ProfessionalServicesAgreementRevised
Professional Services Agreement, Page 12
2001.
Notary Public in and for the State of
Texas
Baytown Low - Income Transportation Study Work Program
0 Introduction
MKP Consulting proposes to develop and implement a needs assessment and implementation
plan for low- income transportation services in the City of Baytown. Currently, the primary public
transportation available in Baytown is a vouchered taxi service for the seniors and disabled. This
program has been significantly constrained due to the funding limitations posed by HUD under
Community Development Block Grants. As a result, the City of Baytown is in need of a
comprehensive approach to providing transportation to its low- income residents, particularly the
elderly, disabled, homeless and other special populations.
As can be seen in the Work Program section, MKP Consulting will develop a proactive guide for
the development and implementation of transportation alternatives for the City of Baytown's low -
income residents, including special populations. Within the scope of this project, we will:
• Assess current and projected transportation needs;
• Evaluate transportation services in similar cities around the United States;
• Identify current and potential funding sources;
• Develop transportation alternatives along with an implementation plan; and
• Initiate multi- agency collaborations to better facilitate the implementation.
The project team will incorporate current and projected demographic and socioeconomic data;
previous local and regional transportation studies; the transportation chapter for the new Baytown
2020 Comprehensive Plan, and staff and public input to address the issue and its solutions.
The scope of the project will involve the tasks and elements outlined in the flow chart on the next
page.
Baytown low - Income Transportation Study Work Program
Aggregate
Demographic
(short survey ofSF residents
Existing Studies
Socioeconomic Data
Agency
(NGAC Trans. Plan;
(1990 Census -- Blk Grp;
Baytown Trans. Studies;
1997, 2002, 2007 Community
Baytown 2020 Camp. Plan;
.'ong survey �r
2020 -- Blk Grp;
Baytown Consolidated Plan;
1990 Journey to Work •- TAZ;
METRO studies;
NGAC 2020- TAZ;
plans from other cities)
1990 PE MS Cross -tabs - CiM
rrailicnr!•back)
Resident Surveys
(short survey ofSF residents
Agency
- water bill enclosure;
Su rveys
short survey of unsubsidized
.'ong survey �r
MF managers - direct mail; _
subsidized housing
long survey of those on Taxi
and service
Program list and those
;iroviders - direct
requesting info on Taxi
rrailicnr!•back)
Program)
Analysis of Analysis of
Potential Existing
Resources Resources
Analysis of
Potential
Collaborations
Existing Information Analysis
A review of all existing information will be conducted. Such information will fall into to major
categories: demographic data and other studies.
Demographic and Socioeconomic Assessment: Using Geographic Information Systems (GIS),
MKP Consulting will integrate existing data at various geographic levels into a single data base at
the Census Block Group level. The map on the next page illustrates the division of the City of
Baytown into Census Block Groups. The data that will be integrated will include:
• 1990 Census of Population and Housing at the Block Group level
• 1990 Public Use Microdata Sample (PUMS) at the City level
1997, 2002 and 2007 HUD Community 2020 estimates /forecasts at the Block Group level
• 1990 Census Journey to Work data at the Traffic Analysis Zone (TAZ) level
• 2000, 2010 and 2020 HGAC data at the Traffic Analysis Zone level
• 2000 Census PL94 -171 redistricting data at the Census Block and Block Group levels
MKP Consulting Page 5
Baytown Low - Income Transportation Study Work Program
The data collected will include
aggregate information on population by
age and ethnicity; households by
income and family structure;
households by number of vehicles
available; households by mode of
transportation to work; population by
disability; and other relevant available
information about the socioeconomic
status of residents. The data will be
mapped to show pockets of potential
need.
The map to the right shows the 1990
Census Block Group boundaries, for C
which all Block Group level data have C
been collected. However, once the
Census 2000 geographic boundary
files are available, the data will be restructured to conform to the new boundaries.
Existing Studies: A number of studies will be reviewed and assessed to determine (1) what has
been planned and /or predicted for the Baytown area and (2) what works in similar cities. There are
a number of studies currently existing for Baytown, including previous transportation studies; the
Baytown 2020 Comprehensive Plan; the Baytown 5 -Year Consolidated Plan; and HGAC's
Metropolitan Transportation Plan. In addition, MKP Consulting will investigate other possible
studies conducted for METRO, Harris County, Texas Department of Transportation or other
entities. The information collected from the studies will include possible solutions, impediments to
public transportation, cost estimates and public opinions.
A literature review also will be conducted and the programs implemented in other cities of similar
size will be analyzed and assessed.
Special Populations Data: While general low- income data will be analyzed for small areas within
Baytown, specific data concerning special populations will also be collected and analyzed. Data
about the elderly, disabled, homeless, veterans, battered women, people living with.HIV /AIDS and
people living in public housing or other subsidized housing are critical to the assessment of
transportation needs. Therefore, data specific to these sub - populations will be collected, analyzed
and mapped. See the 'Survey-based Information' section below for additional explanation of the
role special populations will play in the study.
Survey -based Information
With most of the available data being a decade old and consisting of sub -area aggregates, it is not
possible to accurately assess the magnitude and type of needs for transportation. Therefore, four
surveys will be conducted in Baytown.
The first survey that MKP Consulting plans to develop includes a short 3- to 5 -item questionnaire to
be included in the water bills of residential customers. The information requested will be:
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Baytown Low - Income Transportation Study Work Program
Ol household income, number of adults in household, number of working vehicles in household,
number of elderly or disabled in household. The survey will be provided in English and Spanish.
MKP Consulting will request that the Water Department allow the surveys to be returned with the
monthly payments. We will then collect the surveys and enter the responses into a database.
Another short survey will be sent to the managers of unsubsidized apartment complexes. The
anticipated questions include: rent by number of bedrooms; number of units by number of
bedrooms; estimated number of elderly or disabled; estimated number of households with no
working vehicle. These surveys, again in English and Spanish, will be mailed directly to the
apartment complexes and will include a stamped envelope for returning the completed forms.
Surveyors will call to follow -up with surveys not returned.
The above surveys will be used to assess general conditions of the population and the geographic
distribution of potential need. More detailed data will be collected through two additional surveys.
The third survey will be a longer, detailed questionnaire mailed to all residents on the existing
service and waiting lists for the Senior and Disabled Residents Taxi Program. The questions will
deal with income, age, disability, trip origins /destinations, number of trips needed per week, mode
of transportation when taxi not available and other questions agreed upon by the City staff and
MKP Consulting. The surveys will be in English and Spanish. Stamped addressed envelopes will
be included and results of returned surveys will be entered into a database for analysis.
The final survey will be developed and mailed to subsidized housing and supportive service
agencies, including the Baytown Housing Authority, homeless providers, battered women's
programs, housing for the disabled, and off -site supportive services. The survey will ask for
number of clients by age and income and disability status, estimated number with no reliable
transportation, existing transportation provided by responding agency or other agency (such as
American Red Cross), number of trips by origin /destination provided by a responding
transportation provider, received requests for transportation and other information to indicate
current levels of service and current needs. Another key element of the agency survey will be a
section requesting information about current funding levels and sources for transportation
programs. Information on current and proposed multi- agency collaborations will also be
requested. Surveyors will contact non - responding agencies by phone to ensure high response
rates. The results will be entered into a database for analysis.
It is recognized that there will be considerable duplications as residents and their service providers
are both answering questions. However, the surveys will be analyzed independently and the
results will be compared and conclusions drawn.
Community Input /Public Participation
The most intensive form of community input and public participation will come from the surveys -
both general information from all residents and detailed needs and conditions from those on the
® taxi program list. However, public forums are also critical to the success of the study. As stated in
the RFP, "the acceptance and success of the Baytown Low - income Transportation Study rests on
direct involvement, support and effort of the citizens of Baytown." As a result, it will be critical for
MKP Consulting to involve City staff, Community Development Advisory Council members and
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Baytown Low - Income Transportation Study Work Program
residents in the process. Once the aggregate and survey data are collected and analyzed, the
results will be provided to the City staff and will be released in a series of public meetings. Staff,
Community Development Advisory Council members and residents will be encouraged to
comment on the results of the data collection and surveys. Recommendations and needs will be
solicited from the residents and CDAC members. Current policies, goals and objectives will be
requested from staff and CDAC members.
The number and location(s) of meetings will be jointly determined by City staff and MKP Consulting
with broadest based participation being the goal. The meetings will be in the form of planning
charettes, with the focus being the input from the audience as opposed to information provided by
the consultants.
Comments and recommendations from City staff, CDAC and residents will be distilled and
incorporated in the implementation strategies and included as appendices in the final Low - Income
Transportation Study.
The draft of the final study will also be presented in a public forum with comments solicited and
given consideration before the final document is produced.
In addition to the public participation for the development of this study, the study itself will include
a Public Participation section to provide direction to the City staff in the inclusion of residents in
program implementation and on -going updates.
Resource Identification and Integration
In concert with the development of the needs assessment and implementation recommendations
is the analysis of existing and potential resources. Through surveys and interviews with public and
private service providers, the team will ascertain existing transportation programs along with
existing funding for those programs in Baytown. The availability of existing CDBG funds and City
general funds will also be determined. A matrix of programs and funding will be developed and
compared to the needs assessment matrix. The result will be the gaps analysis matrix - need
minus resources.
MKP Consulting will develop a strategic funding plan to identify accessible public and private
funds available to the City of Baytown and various service providers. The team will develop a list of
potential funders by applicant type, program type, potential funding amount and method of
access. In addition to the identification of potential funds, the team will propose ways of blending
funds from multiple sources, ways of using matching and leveraging funds and ways of building
multi- agency collaboratives for fund - blending and program sharing. The team will develop
strategies for the City of Baytown to encourage and enhance these multi- agency collaborations at
no financial impact on the CDBG or general funds. Due to the location of Baytown, the team will
assess the potential of providing ways for county, Houston and /or Pasadena programs to expand
into Baytown.
MKP Consulting will contact Houston Galveston Area Council (HGAC) and the consulting team
recently hired to produce an update to the HGAC 2025 Metropolitan Transportation Plan.. We will
work with the HGAC team to make recommendations into the Baytown elements of the MTP and to
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Baytown Low - Income Transportation Study Work Program
solicit information and recommendations from them for the Baytown Low - Income Transportation
Study_ This collaboration between the two agencies and their consultants will help ensure that the
Low - Income Transportation Study and the HGAC 2025 Metropolitan Transportation Plan are
integrated and compatible.
Final Study Elements
The final Baytown Low - Income Transportation Study will include the following elements:
Goals and Objectives: The team will collaborate with staff and the CDAC to develop a set of
goals and objectives under the overarching mission of developing a proactive guide to the
assessment, funding and implementation of transportation alternatives for low - income residents,
including the elderly, disabled and other special -needs populations.
Demographic and Socioeconomic Data: MKP Consulting will access and consolidate small -
area and city-wide demographic and socioeconomic data pertinent to transportation issues for the
low- income. The final study will include a summary of the data, a set of maps of the geographic
distribution of the data and an analysis of the impact and import of the data.
Needs Assessment: Using the analysis of the demographic and socioeconomic data in
conjunction with the results of the resident and agency surveys, the team will develop a needs
matrix outlining the type, magnitude and location of the transportation needs. The final report will
quantity the needs and discuss the impact of these needs on the community.
Current Transportation Resources: The final report will outline existing agencies providing
transportation to low- income residents and /or sub - populations in Baytown. The agencies, their
service areas and eligibility criteria will be discussed with a capacity and existing client load
included for each. Additionally, funding sources and amounts for each of these providers will be
discussed.
Gaps Analysis: Based on the area's needs coupled with the area's existing resources, a gaps
analysis matrix will be developed and included along with a discussion of the unmet needs by sub -
population, sub -area and service type,
Potential Resources: Using the gaps analysis and existing resources as the springboard, the
team will identify and report on potential funding sources and local and regional agencies with the
potential to provide new or expanded transportation services. Maintaining existing services will be
addressed in conjunction with expanding services.
Program Development and Implementation Plan: Concluding the study will be a strategic
funding plan and strategic implementation plan, which will outline strategies for:
• ensuring the production of quality and timely funding proposals;
• building multi- agency collaboratives to maximize resources and service provision; and
® • developing viable projects
MKP Consulting Page 9
® The City agrees to provide the Consultant with support services during conduct of the
services listed in Article II of the Professional Services Agreement.
To the extent authorized by law, the readily available existing data and documentation
obtained by the City that are relevant to the accomplishment of the Scope of Work
specified in Article II of the Professional Services Agreement and Exhibit "A" shall be
made available by the City for use by the Consultant. However, in providing such data
and documentation, the City makes no warranty as to the accuracy or reliability of the
same.
The City shall consider and act on all documents and project work items submitted by the
Consultant that require review, comments or approval by the City within a reasonable
period of time so as to enable the Consultant to compete the work on schedule as
provided in Article V of the Professional Services Agreement.
The City agrees to provide the Consultant with support services needed to organize,
schedule, notify, provide, meet, locate, conduct meetings, and prepare minutes of
meetings for the Baytown Low - Income Transportation Study, including committees,
workshops, public meetings and public hearings as described in Article II of the
Professional Services Agreement. The Consultant will advise and coordinate with the
City to accomplish these support services.
r1
L
Baytown Low- Income Transportation Study
Budget and Costs
Tasks
Hours
Per Hour
Cost*
Total Cost*
Develop Survey Instruments
12
$85
$1,020
Translate Instruments into Spanish
12
$40
$480
Collect, analyze, map demographic & socioeconomic
information
40
$85
$3,400
Research successes in other cities
32
$85
$2,720
Research funding opportunities /develop strategic funding
plan
80
$85
$6,800
Collect and code surveys
60
$40
$2,400
Analyze surveys
32
$85
$2,720
Prepare for and conduct public meetings
24
$85
$2,040
Meet with staff and CDAC
16
$85
$1,360
Produce Plan
48
$85
$4,080
Total Cost
$27,020
* Labor Costs include MKP Consulting overhead charges and profit as outlined below. All team
members are contractors, therefore no benefits are paid or charged to the project. Below are the
hourly rates for each participant:
Peg Purser
$85 + no overhead (part of hourly rate, including 20% profit,
benefits, non - billable related administrative tasks, office space,
equipment, mileage, long distance, courier charges)
Paula Ralls
$60 + $25 MKP profit & overhead (includes 20% profit, travel,
long distance charges, MKP administrative tasks)
Tom Portwood
$60 + $25 MKP profit & overhead (includes 20% profit, long
distance charges, inter -team courier charges, MKP
administrative tasks)
Michael Miller
$20 + $20 MKP profit & overhead (includes 20% profit,
mileage, MKP administrative tasks)
Lucy Weldon
$15 + $25 MKP profit & overhead (includes 20% profit, office
space /equipment; MKP administrative tasks)
No travel costs will be billed to the City of Baytown. As stated in the RFP, the City of Baytown will
duplicate documents for distribution, therefore no production costs will be billed to the City of
Baytown.
MKP Consulting
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