Ordinance No. 14,347ORDINANCE NO. 14,347
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONSULTING SERVICE AGREEMENT WITH KENDIG KEAST
COLLABORATIVE, LLC, FOR THE BAYTOWN 2040 COMPREHENSIVE PLAN
AND BAYWAY DRIVE CORRIDOR PLAN; AUTHORIZING A PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED
TWO THOUSAND TWO HUNDRED AND NOI100 DOLLARS ($302,200.00); 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 to execute and the City Clerk to attest to the Consulting Service Agreement with
Kendig Keast Collaborative, LLC, for the Baytown 2040 Comprehensive Plan and Bayway Drive
Corridor 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 THREE HUNDRED TWO THOUSAND TWO
HUNDRED AND N01100 DOLLARS ($302,200.00) 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 NOI100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25%).
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 12`�' day of March, 2020.
BRANDON CAPETILLO, yor
ATTE
LE ICIA BRYSCH, City Cle �� O� gpYTOINH r
APPROVED AS TO FORM:
' P
NACIO RAMIREZ, SR., Ov Attorney
R'%KarenTi1&City Council' Ordinances 2020 -March 12�KendigKeastCollaborativeAgreement.doc
CONSULTING SERVICES AGREEMENT
STATE OF TEXAS
KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS
This Agreement is made this _ day of , 2020, by and between
the City of Baytown, Texas, acting by and through the City Council of the City of Baytown,
Texas, hereinafter referred to as the "City," and Kendig Keast Collaborative, Inc., hereinafter
referred to as the "Consultant." The City and Consultant 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 urban planning services for the development of (i) the City's Updated
Comprehensive Plan, which shall focus on the current city limits and areas within the
City's extraterritorial jurisdiction and shall be used to guide the long-range development,
redevelopment and enhancement of the City, and (ii) the Bayway Drive Corridor Plan,
which shall establish a plan, design, and technical specifications to drive the revitalization
and beautification of the corridor, which consists of the Bayway Drive Study Area as
delineated by the City (collectively the "Project"). To complete the Project, the
Consultant shall build upon and coordinate with other recent and concurrent planning
efforts and studies and shall coordinate with other agencies and entities, as appropriate.
1.2 The Consultant's 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 described in Article 11 and shall submit reports to the
City as required.
1.3 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 Project 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 Project as set forth in
Exhibit "A," which is attached and made a part of this Agreement for all intents and
purposes.
Consulting Services Agreement, Page t
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.
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 will utilize (i) Gunda Corporation to provide support for the
municipal infrastructure, transportation and mobility, and hazard mitigation and
sustainability aspects of the Project and (ii) CDS Community Development
Strategies to provide support for the economic opportunity and tourism, redevelopment
and revitalization, and market and demographic assessment aspects of the Project.
Additionally, the Consultant may contract with other subconsultants for portions of the
work or services under this Agreement with the prior written approval of the City. All
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 minimal support services during conduct
of the services listed in Article II. The Consultant must have the resources and abilities
to fully develop the Project.
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. Nothing contained herein shall be construed to
require the City to provide existing data and documentation in any certain format,
including shape file format, etc. The format in which the existing data and
documentation will be provided shall be at the sole discretion of the City.
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 complete the work on schedule as
provided in Article V of this Agreement.
Consulting Services Agreement, Page 2
4.4 The City agrees to provide the Consultant with support services needed to organize,
schedule, notify, provide, meet, locate, and conduct meetings for the Project, including
committees, workshops, public meetings and public hearings as described in Article II
regarding public input. The Consultant will advise and coordinate with the City to
accomplish these support services.
ARTICLE V.
Time of Performance
5.1 The Consultant shall commence services upon execution of this Agreement and receipt of
written notice to proceed from the City.
5.2 The Consultant shall complete the services described in Article II in accordance with the
timeline in Exhibit "B," which is attached hereto and made a part of this Agreement,
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, release, and the tail coverage required in Article XIII, this
Agreement shall terminate upon the City's final acceptance of work completed by the
Consultant, unless otherwise terminated or modified as hereinafter provided.
ARTICLE VI.
Compensation to Consultant
6.1 The City shall compensate the Consultant for the professional services performed under
this Agreement. For the basic services and supplemental engagement activities described
in Exhibit "A," the City shall pay the Consultant for services rendered in an amount not
to exceed THREE HUNDRED TWO THOUSAND TWO HUNDRED AND N0/100
DOLLARS ($302,200.00). The maximum amount is further detailed by tasks 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 event of
increased cost, change in the scope of work, time of performance, delays or increase or
decrease in the complexity or character of the work.
6.2 For additional services rendered pursuant to Section 2.2, the City shall compensate the
Consultant in the manner similar to the basic services and in accordance with the
maximum amount of payment and other terms as specified in the amendatory agreement
providing for the additional services.
Consultina Services Agreement, Page 3
6.3 Payment shall be made only after receipt of a detailed statement showing the percentage
of the project completion and the amount of payment less any previous payment made by
the City and a monthly progress report letter containing a report of work completed and
the percentage of 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
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 (30) days following
the date of its receipt by the City or within thirty (30) 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.
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, Coayrieht
7.1 The Consultant and the City mutually agree that reports, maps and materials prepared or
developed under the terms of this Agreement shall be delivered to and become the
property of the City. The Consultant shall have the right to retain copies and to utilize the
product of its services for marketing purposes, except for any confidential information, as
defined in Article XI hereof.
7.2 The Consultant shall furnish the City with the number of copies of reports as required in
Exhibit "A."
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.
Consulting_ Services Agreement, Page 4
ARTICLE VIII.
Private Interest of Public Officials and Consultant
8.1 No employee, agent or member of the City Council of the City shall have any financial
interest, direct or indirect, in this Agreement or the proceeds thereof.
ARTICLE IX.
Certifications of Consultant
9.1 The Consultant has not employed or retained any company or person, other than a bona
fide employee working solely for the Consultants, to solicit or secure this Agreement, and
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 the indemnity, release and tail coverage required
in Article XIII may be terminated before the expiration date specified in Article V by any
of the following conditions:
a. Right of either party to terminate for cause. This Agreement may be terminated
by either of the parties hereto for failure by the other party to perform in a timely
and proper manner its obligation under this Agreement. A signed written notice
of such termination shall be delivered to the other party by registered or certified
mail, and such termination shall take effect twenty days after the notice is
deposited in the mail; provided that the failure to perform has not been remedied
in full prior to the expiration of the twenty -day period. By such termination,
Consulting Services Agreement, Page 5
either party may nullify obligations already incurred for the performances or
failure to perform before the termination date.
b. Right of the City to terminate for convenience. This Agreement may also be
terminated by the City for reasons other than failure by the Consultant to perform
in a timely and proper manner its obligations under this Agreement. A signed,
written notice of such termination shall be delivered to Consultant by registered or
certified mail, and such termination shall take effect not less than seven days
following the date that the notice is deposited in the mail or at 5:00 p.m. on the
date the notice is received by the Consultant, whichever is sooner.
10.4 Upon receipt of a notice of termination under any of the conditions under Section 10.3,
the Consultant shall, unless the notice otherwise directs, immediately discontinue all
services in connection with the performance of this Agreement. Within thirty (30) days
after the conditions specified in Section 10.3 being met or within thirty (30) days after the
Consultant submits a statement of the actual services performed and payment is
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 10.3 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 by the City 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 MI.
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
Consultina Services Agreement, Page 6
proper accounting for all project funds. These records will be retained for five years after
the expiration of this Agreement.
12.2 Any time during normal business hours and as requested by the City, the Consultant shall
make available to the City for examination all of its project records with respect to all
matters covered by this Agreement and will allow the City to review, examine and make
excerpts from such records, and to make copies of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement. Upon request by the City's representative, the
financial records of the Consultant will be available in a timely manner for audit purposes
to the City or its authorized representative at the Baytown City Hall, located at 2401
Market Street. In any event, the financial records shall be made available to the City
within ten (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 X 1U.
Insurance and Indemnification
13.1 Throughout the term of this Agreement, the Consultant, at its own expense, shall
purchase, maintain and keep in full force and effect insurance against claims for injuries
to or death of persons or damages to property which may arise out of or resulting 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 insurance coverage herein shall, at a minimum, meet the following requirements:
Commercial General Liability
■ General Aggregate: $1,000,000
■ Per Occurrence: $500,000
■ Coverage shall be broad form CGL
■ No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance
■ Waiver of Subrogation required.
2. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for "Any Auto"
■ Waiver of Subrogation required.
Consultinp, Services Agreement, Page 7
Professional Liability
■ Limit: $1,000,000
■ Claims -made form is acceptable
■ Coverage will be in force for two (2) years after construction of the project
is completed.
4. Workers' Compensation
Should Consultant have no employees, Consultant shall sign an affidavit
to such effect and shall indemnify, protect, and defend the City from any
claim arising from a person claiming to be an employee of Consultant.
Should Consultant subsequently hire employees during the term of this
Agreement, Consultant shall immediately procure and maintain Workers'
Compensation Insurance meeting the following requirements:
■ Statutory Limits
■ Employer's Liability $1,000,000
■ Waiver of Subrogation required.
13.4 Prior to any work being performed on the site, the Consultant shall file with the City
valid certificates of insurance and endorsements acceptable to the City. Such certificates
shall contain a provision that coverage afforded under the policies will not be canceled,
suspended, voided, or reduced until at least thirty (30) days' prior written notice has been
given to the City via certified mail, return receipt requested.
13.5 The Consultant shall also file with the City valid certificates of insurance covering all
subconsultants.
13.6 The following are general requirements applicable to all policies:
13.7
➢ All liability policies shall have an AM Best Rating of B+: VII or better.
➢ Insurance carriers licensed and admitted to do business in State of Texas will be
accepted.
➢ The City, its officers, agents and employees are to be added as Additional Insureds to
all liability policies, with the exception of the Errors and Omissions Policy required
herein.
➢ Upon request 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 AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES {HEREINAFTER REFERRED TO AS
Consulting Services Agreement. Page 8
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,
ARISING OUT OF OR IN CONNECTION WITH THE SERVICES
PERFORMED BY THE CONSULTANT UNDER THIS
AGREEMENT CAUSED, IN WHOLE OR IN PART, BY THE
CONCURRENT NELIGENCE OF THE CITY AND THE
CONSULTANT AND/OR CAUSED BY THE SOLE OR JOINT
NEGLIGENCE OF THE CONSULTANT. IT IS THE EXPRESS
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
FROM THE CONSEQUENCES OF THE CITY'S OWN
NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE WITH THAT OF THE CONSULTANT OF
THE INJURY, DEATH OR DAMAGE AND FROM THE
CONSEQUENCES OF THE CONSULTANT'S OWN NEGLIGENCE,
WHERE THAT NEGLIGENCE IS THE SOLE OR CONCURRING
CAUSE OF THE INJURY, DEATH, OR DAMAGE. SUCH
INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY
ARISING FROM THE INJURY, DEATH, OR DAMAGE OF
PERSONS THAT IS CAUSED BY OR RESULTS FROM (I) THE
SOLE NEGLIGENCE OF THE CITY OR (II) THE CONCURRENT
NEGLIGENCE OF THE CITY IF THE CONSULTANT IS NOT
JOINTLY NEGLIGENT. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH
THE CITY IS INDEMNIFIED, 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.
13.8 By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Agreement or any other contract or agreement, any charter, or
Consulting Services A reement, Page 9
applicable state law. Nothing herein shall be construed so as to limit or waive the
City's sovereign immunity. The Consultant assumes full responsibility for its work
and 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 the Consultant's work and/or services to be performed hereunder. This release
shall apply with respect to the Consultant's work and/or services regardless of
whether said claims, demands, and causes of action are covered in whole or in part
by insurance.
ARTICLE XIV.
Miscellaneous Provisions
14.1 Neither the City nor Consultant shall be required to perform any term, condition or
covenant of this Agreement while such performance is delayed or interrupted by acts of
God, material or labor restrictions by any governmental authority, civil riot, flood,
hurricanes or other natural disasters, any other cause not within the control of the City or
Consultant that by the exercise of due diligence the City or Consultant is unable to
wholly or in part, 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 and
supersedes all offers, negotiations, and other agreements of any kind. There are no
representations or understandings of any kind not set forth herein. 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:
Consulting Services Agreement, Page 10
CONSULTANT
Kendig Keast Collaborative, Inc.
Attn: President
1415 Highway 6 South, Suite D 100
Sugar Land, TX 77478
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
14.5 The waiver by either party of a breach of any provision of this Agreement shall not
constitute a waiver of any subsequent breach of this Agreement.
14.6 The Consultant shall not assign any interest in this Agreement and shall not transfer any
interest in the same without the prior written consent of the City thereto.
14.7 This Agreement shall not bestow any rights upon any third party, but rather, shall bind
and benefit the Consultant and the City only.
14.8 The parties agree that this Agreement shall not be construed in favor of or against any
party on the basis that the party did or did not author this Agreement.
14.9 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.
14.10 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.
14.11 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.
14.12 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.
14.13 Any and all representations and conditions made by the Consultant under this Agreement
are of the essence of this Agreement and shall survive the execution, delivery and
Consulting Services Agreement, Page 1 l
termination of it, and all statements contained in any documents required by the City,
whether delivered at the time of execution or at a later date, shall constitute
representations hereunder.
14.14 This Agreement is performed in Harris County, Texas, and is subject to all applicable
Federal and State laws, statutes, codes, and any applicable pen -nits, ordinances, rules,
orders and regulations of any local, state or federal government authority having or
asserting jurisdiction.
14.15 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.
14.16 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
for complete relief to be recorded in the arbitration proceeding.
14.17 It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
14.18 The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
14.19 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.
14.20 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.
14.21 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.
Consulting Services Agreement, Page 12
IN WITNESS WHEREOF, the undersigned have executed this Agreement effective the date first
referenced hereinabove.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
KENDIG KEAST COLLABORATIVE, INC.
(Signature)
GrKq
(Printed Name)
(Title)
STATE OF TEXAS §
COUNTY OF HARRIS §
FP'6SrDenl-I'
Before me, VAUt , the undersigned notary public, on this day personally
appeared g o , as �Zi �� i do-n-k- of Kendig Keast
Collaborative, Inc.
known to me;
proved to me on the oath of ; or
proved tome through his/her current ::jEg 3 -1 oc':)-�4_
{description of identification card or other document issued by the federal
Consulting Services Agrreement, Page 13
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 he/she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this (Q day of , "46��V �o:=? 2020.
Ndtary lVUc ilLhd Tor the S�ate,of Texas
My commission expires: l 1Q�3
�►a� °�e STEWANNA SMITH
Notary ID #128763024
�. My Commission Expires
November 5, 2023
RAKaren\Files\Contracts\Kcndig Keast Cullabordtive - Comp Plan\PrefessionalServicesAgreemtmt202OComprchcnsivePlan.doe
Consulting Services Agreement, Page 14
EXHIBIT A — WORK PROGRAM
In General
a. Project Coordination
The Consultant shall complete project management activities in coordination
with the City's project manager to ensure schedule adherence, cost control and
quality assurance. These activities will include:
(1) Monthly submittal of written progress reports in conjunction with each
monthly invoice. These reports will describe the project status, document
significant work accomplished and activities scheduled for the next
progress report period, and note any difficulties encountered and steps
taken to address them.
(2) Preparation and maintenance throughout the project of a detailed
project schedule, including due dates for all deliverables, anticipated
meeting dates, plus specified review/comment timeframes ensuring
adequate time for client review/approval of deliverables. The schedule
will be set during the Project Start -Up Phase described hereinbelow.
(3) Frequent communication and coordination with the City's project
manager by email, phone, online conferencing, and written
correspondence, as appropriate, including phone check -ins at least every
other week at a set time, as needed.
b. Project Start -Up
(1) Proiect Kick-off Meeting
Following receipt of written Notice to Proceed from the City, the
Consultant will complete a projects kick-off conference call with City
staff to recap the Scope of Services, flesh out a detailed schedule,
coordinate on data/information needs, and cover other project logistics.
Then, on each scheduled visit to the community, the Consultant will
meet with City staff as needed for project planning discussions and/or
in-depth work sessions on particular plan topics.
r r Compilation of Information Resources
The Consultant will coordinate with City staff to identify and acquire
available data, mapping and other information resources for the Project,
from local and other sources. The Consultant will provide City staff a
checklist of typical resource items for a community planning effort,
including other recent and/or concurrent plans and studies, and any
other policy processes or documents that aid community decision -
making. The Consultant will then coordinate with staff to determine
which items will be available for the Project. The Consultant will also
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coordinate with City staff to identify key project contacts and relevant
agencies and entities.
(; ) Coordination of Community and Leadership Engagement Strategy_
The Consultant will coordinate with City staff to plan and facilitate a
sequence of outreach activities to engage the community's public and
private leadership, along with residents, business owners, property
owners, local organizations and others interested in setting strategic
priorities for the community's future and for the Bayway Drive Corridor.
These efforts will build on other recent and ongoing engagement
activities by the City, including exploration of joint engagement
opportunities with the Parks, Recreation, Trails, and Open Space Master
Plan process. Specific outreach activities and methods, including
development and use of a dedicated project website, are itemized within
each phase of this Scope of Services, under the heading Engagement
Activities. Necessary coordination with other external agencies and
organizations will also be initiated early on and throughout the process,
as appropriate.
C. Approach To Deliverables
(1) Draft Deliverables
The Consultant will provide draft deliverables through each phase of the
Project. These deliverables will facilitate workshop meetings, periodic
releases of information to the media and public, and the orderly
completion of the Project. All such interim deliverables will be
provided to the City in Adobe PDF format for ease of file transfer and
reproduction and distribution, and will also be posted on the project
website. Graphics will be produced in color (unless they are black -and -
white line sketches) in a format suitable for display during meetings
and at public events/hearings.
() Consolidated Review and Revision
Whenever the Consultant submits draft deliverables, it will be the
responsibility of the City's project manager to coordinate, compile and
forward to the Consultant in a consolidated manner all review comments
on and requested/suggested revisions to such deliverables. As part of each
review phase, guidance from the project manager should be included, as
needed, on whether and how the Consultant should address certain
comments which may be for information only (e.g., comments from
outside reviewers) versus those involving specific, client -recommended
revisions.
(3) WebPlan Project Website and Online Interactive Plans
Through its sister firm, enCodePlus, LLC, the Consultant will design and
publish the updated Baytown Comprehensive Plan, and the final Bayway
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Drive Corridor Plan, on an interactive, citizen -friendly website, starting as
a common project website for both planning efforts. The web -based plans
will conform to the Web Content Accessibility Guidelines, meaning the
site is usable by visual- and hearing -impaired users. The WebPlan site
will be branded and designed to meet the identified needs of the City,
providing graphics -rich online documents that may also include
multimedia. The website content will be well organized and fully
searchable, allowing decision -makers and other users to quickly locate
relevant information. The online format will allow cross-referenced links
to related policies, programs, maps, or background information and may
also incorporate the City's GIS mapping system, as well as a document
library for quick access to other plans, studies, and documents.
During plan development, the site will be designed for public outreach,
including education and information, to issue meeting invitations and
notices, and to solicit input through polling, surveying, or geo-
engagement (questions and input via a map interface). Public notices and
surveys posted to the site will be provided in both English and Spanish
versions. Interim deliverables will be posted on the site during each
phase. The site content may be easily updated and published immediately
to the web. At the public hearing stage, the site will transform to a citizen -
friendly, interactive website for viewing the proposed plans online. The
final adopted plans will also be provided on the WebPlan site in a digital
flipbook style.
2. Comprehensive Plan
a. Phase 1 Comprehensive Plan
The Existing City
The Consultant will compile and assess a base of information on the existing
conditions and outlook for Baytown, focusing especially on key influences that
will shape the community's future. This will provide background and
assumptions to support needs assessment and long-range and strategic planning
decisions throughout the planning process. Through its own background study
plus discussions with local officials, staff, residents and other stakeholders, the
Consultant will:
(1) Review and evaluate the City's current planning documents and other
relevant materials, including the current land development regulations;
(2) Identify action items from previous local plans/studies or initiatives that
were successfully accomplished, remain to be completed, or are not
likely to be pursued due to changed priorities, resource limitations or
other factors, including priorities identified in the Imagine Baytown
Strategic Plan;
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(3) Itemize key opportunities, challenges, issues and needs facing the
community, using indicator data from local sources, the U.S. Census
Bureau and other readily available sources to provide further context.
(4) Consider relevant local and regional trends, plans and projects that will
influence the community over the 20-year planning horizon.
(5) Complete topic -specific background study and mapping to gain a better
understanding of Baytown's physical context and development history,
and projects/improvements already in motion. Drawing from readily
available data and other resources from the City, plus discussions with
staff and other key contacts, considerations will include:
(a) Growth Capacity
Existing water, wastewater and storm drainage systems (general
condition and capacity, any significant service issues or
deficiencies, anticipated needs, etc.) and specific improvements
already planned and/or programmed. (For general community
planning purposes, this information will be derived from
available resource documents and interactions with local staff
and other pertinent contacts and will not involve any new
modeling or in-depth technical analysis.) Also, potential
opportunities for and constraints to future development and
redevelopment, including physical and fiscal factors and public
service capacities.
(b) Land Use
Existing land use and development patterns in both Baytown and its
ETJ (including scale, location and density) and associated
economic and real estate market factors.
(c) Mobility and Transportation
Existing transportation system (including pedestrian/bicycle
circulation and transit services), associated traffic and safety
conditions, and specific improvements already planned and/or
programmed.
(For general community planning purposes, this information will be
derived from available resource documents and interactions with
local staff and other pertinent contacts and will not involve any
new modeling or in-depth technical analysis.)
(d) Economic Opportunity and Tourism
Existing economic/market assessment including tax base,
commuter population, jobs and employers, and tourism impacts and
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opportunities. The impact of the growth of Lee College will also be
examined.
(e) Sustainability and Vulnerability
Existing vulnerability to hazards and specific policies and
improvements already planned and/or programmed.
(f) Revitalization and Neighborhoods
Existing development policies and regulations (including any
redevelopment incentives), annexation history and status, past
revitalization successes and challenges, and other factors that
influence community form and character and provide opportunities
for or constraints to future development and redevelopment. Also,
existing housing market conditions and housing stock status in
terms of availability, variety and affordability relative to the housing
needs of current and prospective residents.
(g) Duality of Life and Sense of Community
The area's physical characteristics and context, including locations
of valued natural, historical and cultural assets. Also, existing parks
and recreation assets and other City facilities, and specific
improvements already planned and/or programmed. Additionally,
existing events and destinations that enable public gatherings and
foster a sense of community.
(6) Complete field reconnaissance with City staff and independently to:
(a) Observe existing conditions and on -the -ground outcomes from
previous plan implementation activities and application of the
City's development regulations and economic development
incentives, including land use compatibility, development quality
considerations, and community aesthetics and image;
(b) Develop a photographic inventory for use during the project;
(c) Identify areas that may need or be conducive for a special area
planning focus within the overall comprehensive planning effort.
Engagement Activities
The Consultant shall:
(1) Facilitate an initial, informal Issues and Needs Joint Workshop involving
the City Council, Planning and Zoning Commission and others, as
appropriate. The workshop purpose is partly orientation to the community
planning process, but especially to obtain early leadership input and set
"big picture" direction and priorities for the effort.
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(2) Coordinate with City staff to arrange and conduct a series of up to four
informal, one -hour "listening sessions." Some sessions may be targeted to
stakeholders associated with a particular plan focus (e.g_, economic
development, parks and recreation, etc.) or a certain demographic (e.g.,
high school age youth, senior citizens, etc.) while other sessions could
involve a mix of residents, business and property owners, public officials,
developers/builders/realtors, representatives of community organizations,
and others as identified by local officials and staff to discuss their hopes,
concerns and priorities for the community's future. Each session should
involve no more than 12-15 persons to ensure effective dialogue. The
Consultant will coordinate with City staff to determine the best timing for
these sessions within the Existing City phase, in conjunction with
scheduled trips for other project meetings and activities (with some
sessions possibly scheduled in the breakfast or lunch timeframe or
during late afternoon, along with evening time slots, to accommodate
the availability of different target attendees).
(3) Coordinate with City staff to arrange and facilitate a community -wide
Town Hall Meeting on Baytown's Future. This evening event is intended
for broad public participation to obtain early input to the planning process
from residents and other stakeholders, using a variety of interactive and
hands-on engagement activities.
(4) Conduct two work sessions with the Comprehensive Plan Advisory
Committee (CPAC) during the Existing City phase, one of which, if
feasible for the City, could involve a mobile meeting approach to take the
discussion "on the road" and consider actual community conditions and
examples in real time. The Consultant will use each extended workshop
meeting with the committee (typically two hours minimum on a weekday
evening) to present and discuss interim draft materials for the planning
effort. The committee will be charged with reviewing the draft materials
and entering into discussion and debate on all plan assumptions, themes
and concepts, and an eventual community action agenda during the Future
City phase.
The Consultant will advise City staff on considerations for the structure
and formation of an advisory committee, but the committee generally
should be comprised of no more than 20 individuals, including liaison
representatives of the City Council and Planning and Zoning
Commission. Along with geographic representation from across the
community, the committee composition should reflect local interests
relevant to the plan effort and topics. Rather than serving on the
committee, representatives of various other agencies and organizations can
be invited to attend as relevant topics are considered at particular
meetings.
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(5) Develop a shared project website for the Comprehensive Plan and the
Corridor Plan, independent of but linked to the City website, utilizing
WebPlan. After creating the project website during the Existing
City/Corridor phases, the Consultant will then coordinate with City staff
throughout the Project to develop project -related content and items to be
posted on the website for public information purposes (e.g., upcoming
public events, interim draft plan content/maps, other photos and visuals,
etc.). The timing and frequency of such posts will be linked to specific
engagement activities and deliverable milestones. The project website can
be linked to the City website, and the City can direct users and highlight
new posts via its website and social media outlets. The project website
will be designed, programmed, maintained and monitored by the
Consultant. A brand, theme, logo, and slogan for the Project will be
developed in coordination with City staff for incorporation into the
website design and use on other project documents, materials and
presentations.
(6) Coordinate with City staff to repeat certain engagement activities at more
locations (e.g., town hall meetings, community workshops/open houses,
additional listening sessions, etc.) and/or conduct more targeted outreach
(e.g., impromptu "pop-up" activities during certain community events or
at specific locations). The project budget includes a dedicated dollar
amount that effectively provides a pool of consultant labor hours (and
associated mileage expense) for such supplemental engagement activities
as the need arises. The Consultant will draw down this pool as activities
are planned and completed (as authorized case -by -case by City staff), and
the Consultant will keep City staff apprised of remaining dollars within
the pool. The extent and rate at which the pool is utilized (if at all), and
during which phases of the Projects, will depend on needs and
opportunities identified by City staff and the specific types of activities.
This arrangement will also require sufficient advance notice to the
Consultant to ensure availability of consultant personnel. NOTE: Any
unused pool amount will not be billed to the City, including the entire
amount if no supplemental engagement activities occur.
(7) Prepare "meeting in a box" materials that will enable City staff or others,
independent of the Consultant, to facilitate informal group discussions or
lead other types of basic engagement activities that will expand overall
community participation in the Comprehensive Plan update, yield useful
input, and do so in a consistent, structured way. The Consultant will
prepare a new "meeting in the box" for each of the five phases of the
Comprehensive Plan process.
Summary results of such activities must be processed by those leading each
activity (based on guidance included in the box), and transmitted to the
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Consultant in an electronic format (i.e., Microsoft Word or Excel file
template provided with the box materials) for ease of integration into
overall engagement results for the Comprehensive Plan. The Consultant
will also coordinate with City staff to ensure a reasonable upper limit
on the number of such independently -led meetings and activities given
budgetary limits on the Consultant's ability to incorporate extensive
additional input.
Deliverables
The Consultant shall provide the following deliverables for this phase of the
Project:
(1) The Existing City Report, in PDF format, which will highlight key
planning considerations emerging from the Consultant's initial background
studies and leadership and community involvement activities. The report
will include up to 50 pages of final content (plus supplemental appendix
detail, as appropriate), and will incorporate maps, graphics or other visual
elements that help to illustrate findings while streamlining the extent of
body text for a broadly accessible public document. The intent is to avoid
duplication of comprehensive data profiles already available for Baytown
and focus on highlighting specific indicators that tell a story about key
planning issues facing the community, put such issues in context, and/or
apply actual data and facts to correct any misperceptions-
(2) Project website, developed using WebPlan as described above. The
Existing City Report will be posted on the project website during this
phase, as well as any public engagement notices or other project -related
items.
(3) Project brand, theme, logo and slogan, delivered as electronic and graphic
files.
(4) "Meeting in a box" materials, one set for each of the five Comprehensive
Plan phases.
b. Phase 2 Comprehensive Plan
Plan Direction and Assumptions
Through this transition phase, the Consultant will highlight its findings about the
Existing City to set the stage for the Future City phase. This will involve:
(1) Itemizing a core set of assumptions on which the Comprehensive Plan will
be based, especially with regard to a consensus population projection
derived from a set of alternative scenarios;
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(2) Highlighting the key opportunities and challenges the community will face
in the years ahead, which the plan must address;
(3) Drafting a series of guiding principles for the plan that will be refined
through the Future City phase; and
(4) Establishing linkages to the Strategic Directives of the Imagine Baytown
Strategic Plan.
Engagement Activities
The Consultant shall:
(1) Provide an overview of the Existing City Report and seek feedback on the
draft Comprehensive Plan Direction and Outline memorandum through a
second joint workshop involving the City Council, Planning and Zoning
Commission and CPAC members. Based on the workshop results, the
Consultant will then fmalize the memorandum with City staff before work
proceeds on the Future City phase.
(2) Community Workshop/Open House. Coordinate with City staff to arrange
and facilitate this community -wide event, which is designed to present and
receive feedback on the Existing City Report and set the stage for the
Future City component of the plan. Engagement activities will be hands-
on, interactive, and designed to meet the specific needs of Baytown. This
evening meeting is intended for broad public participation and is typically
designed in a "come and go" open house format to accommodate varying
schedules of attendees, relative to the commitment of attending an entire
Town Hall Meeting as in the Existing City phase.
Deliverables
The Consultant shall provide the following deliverables for this phase of the
Project:
(1) Comprehensive Plan Direction and Outline memorandum, in PDF format,
which summarizes the assumptions, key opportunities and challenges, and
guiding principles resulting from the Existing City phase, and provides a
working outline of the Comprehensive Plan document to guide work
efforts during the Future City phase.
(2) Updates to project website. The Comprehensive Plan Direction and Outline
memorandum will be posted on the project website during this phase, as
well as any public engagement notices or other project -related items.
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C. Phase 3 Comprehensive Plan
The Future City
The Consultant will prepare the Future City portion of the plan through this phase
based on the outline finalized at the end of the Plan Direction and Assumptions
phase plus further interaction with City officials, staff, residents and other
stakeholders during this phase. The Future City portion will focus on key
planning issues and considerations, further refined guiding principles and
associated community goals, objectives and policies by topic area of the plan,
and a series of specific action items in five categories: (i) capital improvements;
(ii) programs and initiatives; (iii) development regulations and standards; (iv)
partnerships (public/public, public/private, etc.); and (v) more targeted
plans/studies that may be necessary to ensure effective action, recruit
partners, establish eligibility for grants or other external funding, and to focus on
particular sub -areas of the community in follow-up to the community -wide plan.
During the Future City phase, the Consultant will:
(1) Assess the long-range development outlook and context for Baytown and
its ETJ, along with recommended measures for shaping and managing the
community's growth and livability effectively. Drawing from results of the
Existing City phase and discussions with staff and other key contacts,
considerations will include:
(a) Growth Capacity
The general capacity outlook for the community's water,
wastewater and storm drainage systems, and planning -level
improvement needs and their approximate timing based on
projected growth and potential redevelopment activity. Also,
identification of funding opportunities for drainage improvements
in conjunction with the Master Drainage Plan.
(b) Land Use
Identification of areas available most suitable and preferred for new
growth and targeted reinvestment, taking into account potential
constraints such as floodplains and other physical, environmental
and hazard vulnerability factors, existing land use and property
ownership patterns, the transportation network, and infrastructure
and public service capacities and availability. Also, tools available
to Texas municipalities for directing and managing growth within
their City limits and ETJs and for spurring needed redevelopment,
infill and revitalization so that a greater share of projected growth
may be absorbed in areas already served by public infrastructure
and services.
Page 10 of 22
(c) Mobility and Transportation
Policies and projects for the orderly improvement of the area
transportation system, considering not only facilities for
automobiles but also pedestrian and bicycle circulation and transit
(taking into account plans and programs of Harris County,
Chambers County, the Houston -Galveston Area Council, METRO,
Harris County Transit and the Texas Department of Transportation
- Houston District).
(d) Economic Opportunity and Tourism
Strategies and policies to strengthen the community's economic
base and tax base, including consideration of the fiscal implications
of future development patterns, tourism growth potential, Lee
College growth, and associated upgrades or extension of public
infrastructure and services (taking into account strategic plans,
Imagine Baytown's priorities for key economic drivers such as
tourism, industry, etc., and the Baytown -West Chambers County
Economic Development Foundation's efforts).
(e) Sustainability and Vulnerability
Policies, strategies and priority projects to address Baytown's
vulnerability to hazards, including flooding. Also, integration of
hazard vulnerability considerations into the plan direction for future
land use, growth patterns, redevelopment and public investments.
(f) Revitalization and Xgighborhoods
Strategies for overcoming any identified barriers to local housing
development whether in terms of price, variety or quality, as well as
associated neighborhood conditions that can support or hinder
redevelopment potential. Also, policies, strategies and projects to
encourage investment and redevelopment in targeted
underperforming areas.
(g) Quality of Life and Sense of Community
Priorities for enhancing the community's park and recreation sites
and other facility assets, and promoting healthy living opportunities
for residents, developed in coordination with the Parks, Recreation,
Trails, and Open Space Master Plan. Also, community image and
appearance in terms of development quality and conditions along
high -profile roadways and at "gateway" locations, urban design
factors and beautification efforts within public areas, and
preservation of valued natural/cultural/historical amenities.
Engagement Activities
The Consultant shall:
Page 11 of 22
(1) Conduct three work sessions with the CPAC during this phase to present
and discuss interim draft Future City materials and refine the future land
use and thoroughfare plan maps, and
(2) Coordinate with City staff to arrange and facilitate this third
community -wide event, which will focus on prioritizing
recommendations for the Future City portion of the Comprehensive
Plan. To avoid just another typical public meeting, the town hall will
be designed with a variety of hands-on feedback exercises.
Deliverables
The Consultant shall provide the following deliverables for this phase of the
Project:
(1) Draft Future City portion of the Comprehensive Plan, in PDF format, as
developed incrementally through the CPAC process and work sessions
during this phase;
(2) An updated Future Land Use map that visually depicts the community's
preferred growth and development pattern for the years ahead, thereby
providing essential public policy support for the City's associated
development regulations and other growth guidance tools;
The map will also correlate with associated land use policies, the future
thoroughfare network, and other community objectives that are validated
through the planning process (e.g., economic development, infill
development and community revitalization, fiscally prudent growth,
floodplain management, etc.).
(3) An updated current Thoroughfare Plan map
The evaluation will take into account recent and anticipated growth and
land development activity, any changed physical conditions or other
circumstances pertinent to the current map, and the related transportation
planning of other entities (e.g., Harris County, Chambers County, the
Houston -Galveston Area Council, Texas Department of Transportation,
etc.).
(4) Updates to project website.
Draft Future City content, the draft Future Land Use map, and the draft
Thoroughfare Plan map will be posted on the project website during this
phase, as well as any public engagement notices or other project -related
items.
Page 12 of 22
d. Phase 4 Comprehensive Plan
Implementation
The Consultant will compile from the draft Future City content those potential
action items that are near -term and strategic in nature so they may be addressed in
more detail in the Implementation portion of the Future City and prioritized
through the final joint workshop in this phase. The Implementation
portion also will:
(1) Clarify the respective implementation roles of City officials,
boards/commissions, and staff;
(2) Highlight opportunities for the City to coordinate its implementation
efforts with other key agencies and entities, with other jurisdictions as
appropriate, and with other private and non-profit partners (e.g., Harris
County, Chambers County, Goose Creek Consolidated Independent
School District, Lee College, Baytown -West Chambers County Economic
Development Foundation, Baytown Chamber of Commerce, Houston -
Galveston Area Council, Texas Department of Transportation - Houston
District, etc.); and
(3) Spell out essential procedures for monitoring implementation efforts and
reporting progress on plan priorities annually, using specific action
metrics and benchmarks where appropriate, and for completing future
plan reviews and updates at appropriate milestones.
Engagement Activities
The Consultant shall:
(1) Facilitate a third joint workshop involving the City Council, Planning and
Zoning Commission and CPAC members to provide an overview of the
overall draft plan, build consensus on near -term action priorities, and
discuss related implementation tools and logistics.
(2) Coordinate with City staff to arrange and host a public open house event
through which residents and others can view displays, hear an overview
presentation and visit with consultant personnel and local officials and
staff in an informal atmosphere regarding the community's emerging
proposed plan. Community input and feedback will also be obtained on
the potential near -term action priorities to be covered in the joint
workshop.
Deliverables
The Consultant shall provide the following deliverables for this phase of the
Project:
Page 13 of 22
(1) Implementation portion to add to the overall draft Comprehensive Plan
package (with the entire package to be distributed by City staff to joint
workshop participants ahead of the workshop).
(2) Updates to Project website. The Implementation portion of the draft
Comprehensive Plan will be posted on the project website during this
phase, as well as any public engagement notices or other project -related
items.
e. Phase 5 Comprehensive Plan
Plan Finalization and Adoption
Following the final joint workshop in the Implementation phase, the Consultant
will coordinate with City staff to compile a revised Public Hearing Draft version
of the proposed Comprehensive Plan for public hearing and official
consideration. Then, following plan adoption by City Council, the Consultant
will produce the final as -adopted version of the plan document, reflecting all
further adjustments made through final review and deliberation.
Engagement Activities
The Consultant shall:
(1) In coordination with City stall', present highlights of the final proposed
Comprehensive Plan at a public hearing before the Planning and Zoning
Commission, and assist in responding to public comments and questions,
as appropriate. Then proceed into a workshop session, immediately after
the hearing, to identify any further content revisions the Commission may
suggest in making a recommendation of plan adoption to City Council.
(2) In coordination with City staff, present highlights of the final
recommended Comprehensive Plan at a public hearing before City
Council, and assist in responding to public comments and questions, as
appropriate, before Council considers plan adoption.
Deliverables
The Consultant shall provide the following deliverables for this phase of the
Project:
(1) Public Hearing Draft version of the final proposed Comprehensive Plan, in
PDF format, for distribution by City staff and posting on the WebPlan site
prior to the public hearing phase;
(2) Compilation of further potential revisions to the Public Hearing Draft
version, prior to the City Council public hearing, to highlight any further
Page 14 of 22
plan adjustments recommended to Council by the Planning and Zoning
Commission as part of its recommendation of adoption;
(3) One printed full -color master original of the final adopted plan, including
all maps and illustrations (provided in a binder for ease of reference and
updating, in 8.5" x I I" vertical format and with I I" x 17" fold -out maps,
typically with up to 150 pages of final adopted content plus supplemental
appendix detail as appropriate);
(4) Plan summary pamphlet for the new Comprehensive Plan (up to 16 pages
in length), created in an electronic desktop publishing format for visual
appeal and quality printing as these publications also often serve as
valuable marketing collateral and a profile -raising piece for the
community. The intent will be for a printed piece that can stand on its
own, be posted online, and be inserted in the front of the overall plan. The
booklet will include a highly readable summary of the plan highlights
along with tables, charts, illustrations and maps. In particular, the
pamphlet will highlight key action steps to be pursued in the years ahead
in accordance with the plan. The Consultant will coordinate with City staff
to integrate any specific ideas into the layout and design, leading to a
digital proof for review by staff prior to the Consultant submitting all final
revised files for production by the City through its selected print shop; and
(5) Electronic files for all elements of the final Comprehensive Plan, the
Existing City Report and the plan summary pamphlet (in their native
formats and as Adobe PDF files and with all GIS/map-related files in
ESRI-compatible formats as specified by the City).
Bayway Drive Corridor Plan
a. Phase 1 Bayway Drive Corridor Plan
The Existing Corridor
During the Existing Corridor phase, the Consultant will examine the existing
conditions within the study area for the Bayway Drive Corridor at a more granular
level than in the community -wide Existing City Report. Considerations will
include:
(1) The community -wide context in which the corridor has developed and
evolved, and the external influences that will factor into beneficial
changes.
(2) Current market conditions and demographic trends that may affect
reinvestment activity and specific ways such conditions can be harnessed
or reversed, including identification of infill development opportunities and
any catalyst sites for the Future Corridor phase. The market and
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demographic assessment will include an examination of household
characteristics and income, business mix, employment opportunities,
vacancy/turnover rates, property costs and rents, construction activity,
retail sales and tax revenue, housing stock and variety, indicators of
disinvestment and deterioration, etc.
(3) Specific strengths, weaknesses, opportunities and threats (SWOT)
associated with the Bayway Drive Corridor, including anticipated barriers
to achieving meaningful change, and ways to overcome or work around
such obstacles.
(4) Existing land use and development pattern.
(5) Infrastructure conditions and outlook and hazard and sustainability factors
for the corridor study area.
(6) Existing multi -modal transportation conditions within the corridor study
area, including current utilization of the right-of-way, transit service, safety
concerns, traffic volumes, and pedestrian/bicycle network.
(7) Key linkages between the Bayway Drive Corridor and other activity
centers, districts, and corridors in the city.
(8) Distinctive physical features (e.g., block/street pattern, major building
groups, public spaces, natural features, etc.) and environmental or
sustainability considerations (e.g., flood risk, brownfields, etc.) that may
pose opportunities or constraints.
(9) City policies, programs and regulations that influence development and
redevelopment within the corridor study area.
(10) The recent history of and outlook for capital projects and other public
investments within the corridor study area, including at other levels of
governments besides the City, especially to consider opportunities for
creating greater synergy through coordinated investments that would
complement or could spur specific private investments within the corridor
study area.
The Consultant will also complete field reconnaissance, with City staff and
independently, to:
(1) Observe within the corridor study area existing conditions and on -the -
ground outcomes from previous plan implementation activities and
application of the City's development regulations and economic
development incentives, including land use compatibility, development
quality considerations, and community aesthetics and image.
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(2) Develop a photographic inventory for use during the project.
Engagement Activities
The Consultant shall:
(1) Coordinate with City staff to arrange and conduct a series of up to two
informal, one -hour "listening sessions." Each session should involve no
more than 12-15 persons to ensure effective dialogue. The Consultant will
coordinate with City staff to determine the best timing for these sessions
within the Existing Corridor phase, in conjunction with scheduled trips for
other project meetings and activities (with some sessions possibly
scheduled in the breakfast or lunch timeframe or during late afternoon,
along with evening time slots, to accommodate the availability of different
target attendees).
(2) Conduct two work sessions with the Corridor Stakeholders Committee
during the Existing Corridor phase, one of which, if feasible for the City,
could involve a corridor tour/"mobile meeting" approach to hear from
stakeholders as we travel and observe the corridor together, identifying
challenges and opportunities. The second meeting with corridor
stakeholders will provide an overview of and gather feedback on the
Existing Corridor Report.
(3) As described above for the Comprehensive Plan Existing City phase,
coordinate with City staff throughout the corridor planning effort to
develop project -related content and items to be posted on the WebPlan
site for public information purposes (e.g., upcoming public events,
interim draft plan content/maps, other photos and visuals, etc.), along with
promotion by the City via its website and social media outlets.
Deliverables
The Consultant shall provide the following deliverables for this phase of the
Project:
(1) The Existing Corridor Report, in PDF format, which will include the
market assessment of the Bayway Drive Corridor, demographic trends, and
the infrastructure and multi -modal assessment (including an examination of
how the right-of-way is currently utilized). The report will incorporate
maps, graphics or other visual elements that help to illustrate findings
while streamlining the extent of body text for a broadly accessible public
document.
(2) Updates to project website. The Existing Corridor Report will be posted on
the project website during this phase, as well as any public engagement
notices or other project -related items.
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(3) Project brand, theme, logo and slogan, delivered as electronic and graphic
files.
b. Phase 2 Bayway Drive Corridor Plan
The Future Corridor
The Consultant will prepare the Future Corridor portion of the plan through this
phase. The Future Corridor portion will focus on a series of specific action items
in five categories: (i) capital improvements; (ii) programs and initiatives; (iii)
development regulations and standards; (iv) partnerships (public/public, public/
private, etc.); and (v) more targeted plans/studies that may be necessary to ensure
effective action, recruit partners, or establish eligibility for grants or other external
funding.
During the Future Corridor phase, the Consultant will:
(1) Identify catalyst projects to draw new investment (through both large- and
small-scale development) based on Existing Corridor findings of areas
available, most suitable and preferred for new development, targeted
reinvestment, and infill. This will take into account the market assessment
and potential constraints such as floodplains and other physical and
environmental factors, existing land use and property ownership patterns,
the transportation network, and infrastructure and public service capacities
and availability.
(2) Prepare site -level design concepts (conceptual renderings) for identified
specific opportunities (catalyst projects) to draw investment and visitors,
and highlight specific actions the City can take to change the area's
aesthetics and image.
(3) Recommend specific steps and tools to improve the business "micro -
climate" of the corridor.
(4) Recommend improvements within the comdor's right-of-way, including
any needed investments in the transportation system, considering not only
facilities for automobiles but also pedestrian and bicycle circulation and
transit.
(5) Illustrate beautification opportunities within the corridor, including
recommendations for open spaces, streetscape improvements, and other
aesthetic enhancements.
(6) Prepare recommendations for connecting and highlighting the corridor's
existing assets (natural/cultural, etc.), and public spaces, particularly the
Baytown Nature Center.
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(7) Itemize specific potential regulatory additions or adjustments to ensure
that development and/or redevelopment outcomes along the corridor are in
line with community desires and expectations.
(8) Identify how to repurpose underutilized public rights -of -way whether in
terms of street cross sections and design (including at gateways and key
intersections), placement and design of parking, accommodation of non -
vehicular and transit circulation, and/or design and placement of
streetscaping improvements.
Engagement Activities
The Consultant shall conduct one work session with the Corridor Stakeholders
Committee during this phase to present, discuss and receive feedback on interim
draft Future Corridor materials.
Deliverables
The Consultant shall provide the following deliverables for this phase of the
Project:
(1) Draft Future Corridor portion of the Corridor Plan, in PDF format, as
developed incrementally through Phase 2.
(2) Updates to project website. Draft Future Corridor content will be posted on
the project website during this phase, as well as any public engagement
notices or other project -related items.
C. Phase 3 Bayway Drive Corridor Plan
Implementation
The Consultant will compile from the draft Future Corridor content those potential
action items that are near -term and strategic in nature so they may be prioritized
in the Capital Improvement Plan. The Implementation portion also will:
(1) Provide technical specifications for identified capital projects to be
prioritized in the Capital Improvement Plan.
(2) Finalize conceptual designs for identified catalyst sites.
(3) Compile and refine a list of action items with a brief description of the
purpose and specifics of each, including candidate projects that are
considered a prerequisite to broader and ongoing initiatives for corridor
improvement and successful plan implementation.
(4) Highlight opportunities for the City to coordinate its corridor
implementation efforts with other key agencies and entities, with other
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d.
jurisdictions as appropriate, and with other private and non-profit partners
(e.g., Harris County, Chambers County, Goose Creek Consolidated
Independent School District, Lee College, Baytown -West Chambers
County Economic Development Foundation, Baytown Chamber of
Commerce, Houston -Galveston Area Council, Texas Department of
Transportation - Houston District, etc.).
(5) Spell out essential procedures for monitoring implementation efforts and
reporting progress on plan priorities annually, using specific action
metrics and benchmarks where appropriate, and for completing future
plan reviews and updates at appropriate milestones.
Engagement Activities
The Consultant shall coordinate with City staff to arrange and host a public
open house event through which residents, property and business owners and
other stakeholders can view displays, hear an overview presentation and interact
with consultant personnel and local officials and staff in an informal atmosphere
prior to formal public hearings. The Corridor Public Open House will be held at
an appropriate venue along the corridor. Community input and feedback will
be obtained on the potential near -term action priorities in the draft Corridor Plan.
Deliverables
The Consultant shall provide the following deliverables for this phase of the
Project:
(1) Implementation portion to add to the overall draft Corridor Plan package,
in PDF format, including technical specifications for identified capital
projects to be prioritized in the Capital Improvement Plan.
(2) Updates to project website. The Implementation portion of the draft
Corridor Plan will be posted on the project website during this phase, as
well as any public engagement notices or other project -related items.
Phase 4 Bayway Drive Corridor Plan
Plan Finalization and Adoption
Following the final stakeholders meeting in the Future Corridor phase and the
Public Open House in the Implementation Phase, the Consultant will coordinate
with City staff to compile a revised Public Hearing Draft version of the proposed
Corridor Plan for public hearing and official consideration.
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Then, following plan adoption by City Council, the Consultant will produce the
final as -adopted version of the plan document, reflecting all further adjustments
made through final review and deliberation.
Eneaaement Activities
The Consultant shall:
(1) In coordination with City staff, present highlights of and respond to
questions regarding the final proposed Corridor Plan during a City Council
workshop.
(2) In coordination with City staff, present highlights of the final
recommended Corridor Plan at a public hearing before City Council, and
assist in responding to public comments and questions, as appropriate,
before Council considers plan adoption.
Deliverables
The Consultant shall provide the following deliverables for this phase of the
Project:
(1) Public Hearing Draft version of the final proposed Corridor Plan, in PDF
format, for distribution by City staff and posting on the WebPlan site prior
to the public hearing phase.
(2) Compilation of further potential revisions to the Public Hearing Draft
version, prior to the City Council public hearing, to highlight any further
plan adjustments requested by Council during its workshop on the final
proposed plan.
(3) One printed full -color master original of the final adopted Corridor plan,
including all maps and illustrations (provided in a binder for ease of
reference and updating, in 8.5" x I I" vertical format and with 11" x 17"
fold -out maps).
(4) Plan summary pamphlet for the Corridor Plan (up to eight pages in
length), created in an electronic desktop publishing format for visual
appeal and quality printing, as these publications also often serve as
valuable marketing collateral and a profile -raising piece for the
community. The intent will be for a printed piece that can stand on its
own, be posted online, and be inserted in the front of the overall plan. The
booklet will include a highly readable summary of the plan highlights
along with tables, charts, illustrations and maps. In particular, the
pamphlet will highlight key action steps to be pursued in the years ahead
in accordance with the plan. The Consultant will coordinate with City staff
to integrate any specific ideas into the layout and design, leading to a
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digital proof for review by staff prior to the Consultant submitting all final
revised files for production by the City through its selected print shop.
(5) Electronic files for all elements of the final Corridor Plan, the Existing
Corridor Report and the plan summary pamphlet (in their native formats
and as Adobe PDF files and with all GIS/map- related files in ESRI-
compatible formats as specified by the City).
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EXHIBIT B
SCHEDULE OF WORK
Upon the Consultant's receipt of a notice to proceed from the City, the Consultant shall
begin work on the Project and shall complete each task within the following time frame:
Task Completion Date
Comprehensive Plan
Project Start-Up1
month
Phase 1- The ExMnS City
6 months
Phase 2 - Plan Direction and Assumptions
7 months
Phase 3 --- The Future City
12 months
Phase 4 - Implementation
13 months
Phase 5 - Plan Finalization and Adoption
15 months
Bayway Drive Corridor
Plan
Project Start -Up
1 month
Phase 1- The Existing Corridor
3 months
Phase 2 - The Future Corridor
4 months
Phase 3 - Irn lementation
5 months
Phase 4 - Plan Finalization and Adoption
6 months
EXHIBIT C
Compensation and Reimbursable Exaenses_
The compensation for services required under this Agreement for the Project and the
reimbursable expenses incurred by Consultant and its subconsultants shall be a sum not to
exceed TWO HUNDRED EIGHTY-SEVEN THOUSAND TWO HUNDRED AND
NO/100 DOLLARS ($287,200.00), and shall not exceed the amount specified hereinbelow
for each phase of service:
Description t to ENceed
Com rehensive Plan ,
Project/Client Coordination
$7,750.00
Project Start -Up
$3,500.00
"Meeting in a Box" Materials and Results Processing
one for each of the 5phases)
$14,000.00
Phase 1 — The Existing City
$55,400.00
Phase 2 — Plan Direction and Assumptions
$4,500.00
Phase 3 — The Future City
$57,350
Phase 4 — Implementation
$21,800
Phase 5 — Plan Finalization and Adoption
$22,600
Subtotal — Comprehensive Plan
$186 900.00
Bayway Drive Corridor
Project/Client Coordination
$1,750.00
Project Start -Up
$2,300.00
Phase 1— The Existing Corridor
$27,750.00
Phase 2 — The Future Corridor
$40,800.00
Phase 3 — Implementation
$10,200.00
Phase 4 — Plan Finalization and Adoption
$17,500.00
Subtotal — Banay Drive Corridor
$100 00.00
Total
$287 20.0.00
The fees will be calculated based upon the standard hourly rates detailed hereinbelow:
ralmLMIMMI
Description
Hourly Rate
CEO
$200.00
President
$160.00
Associate/Practice Leader
$140.00 -- 145.00
-Principal
Senior Associate
$135.00
Associate
$90.00
Business Administrator
$75.00
Graphics Associate
$50.00
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Additional Services:
The Consultant will perform additional services at a price agreed upon by the parties in
writing prior to the performance of such services. The City shall not be responsible or
liable for any additional services performed by the Consultant unless such additional
services have been approved in writing prior to the performance of the same.
The following services may be performed if requested by the City in writing based upon the
above -referenced schedule:
Descriptioii Cost Not to Exceed
Comprehensive Plan
Supplemental/Targeted Public Engagement 1 $15,000.00
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