Ordinance No. 11,517ORDINANCE-,'NO, 11,517
AN ORDINANCE OF III E crm COUNC I L OFTIll,.CITY 01`13AYTOWN, *IJ'-,',XAS,
AUHIORIZING AND DIRECTING "IIIE CITY' NIANAGE'k TO I,,XEC(JT1.,, AND
TVE CITY CLERK 11) ATTEST TO PROFFSSIONAL SLRVICES
A6RIJ` Ml'.,,NT WITH (JI(S(,�ORI)OI�A'I'IONI'()lt TIIF D1'�uVI-'.L0l1Ml-`NT 01, A
NUBILITY PLAN I,`0RTI IF ('11"Y 01" BAYTOWN AND ITS
JU KISDICA ION; AU H IORIZING PAYxIENYBYTHE CH"Y 01`13AYTOWN IN AN
ANIOUNT NOT TO FNCEEI-)TW0 I ILINDRED IN IN I`,,TY-N INU-,T[ IOU SAND 1,`I(1lIT
IRYNDRED NINI,,A'Y-SIX AND N0/100 i)(A-LARS ($299,896M); MAKING OTHER
PROVISIONS RELATED 1`111,,'RETO, AND PROVIDING IMR ITIE EFFECAIVE
DxrE THERE01'.
BE I'YORDAINJ'D BYITIE CAI'Y COUNCIL (w n Hi an, (A" BAYMM& TEXAS:
Section 1: That tile Council of the City of Hapown Terms, hereby, authorizes and
directs the Coy x1armaer to execute and We Coy (Oak to mi"t to the Proksloiral Senices Agreement
with URS C'orporation for the de\'Clopirient of a Mot)iloy Plan for the City of Baytown and its
extraterdmi-Al jurisd Wtion. A copy of We agreemma is attached hereto, marked U,'xhibit "A," and made a
Part hereof for all intents and, purposes,
SaWn 2: Ilm Ow City Council of the City of Baytown authorizes payment to
URS Corpor rtiorw in an amount rmt to exceed TWO HUNDRI-D NINE.TY-NINI". "ITIOUSAND EJGIIT
IILJNDIZE,1 NINE','IN-SIX AND NO/HM DOLLARS (SMMAO) Rw probssional services in
accordance with the aginewncrit aUthorized in Section I hercinabove.
Sea on 3: 'I"Itat the City Manager is hereby gmnwd g"eml mithorily to qynne as decrarse
or an increase in comas by TM7FNTY4AVF TMUSAND AND NO/100 DOWNIIS (S21000AO) or less,
proOded that the arnount authorized in Section 2 hereor may not be increased by more than tweniy-f i e
percent (2551).
IFIFITC)DUCED, READ, and PASSED by the affisrmatiN�e vot
j3aytown, dais the go, day or December, 20 1 (0.
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ATTE.
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APPRON/I D ASTO I`ORM:
H,KawvF&s It, WmKA AMmuMN PmmmOr 9 WMa04!mnaU hdmxwc Q:
We Coy Cound of be Coy of
DON C'ARLOS. Mayo
Exhibit "A"
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF BAYTOWN, TEXAS
AND
URS CORPORATION
THIS AGREEMENT ( "Agreement ") for Professional Services, dated and effective as of
200_ (the "Effective Date "), is hereby made and entered into by and between the
City of Baytown, a home -rule municipal corporation located in Harris and Chambers Counties,
Texas, (hereinafter "Client ") having a place of business located at 2401 Market Street, Baytown,
Texas, and URS Corporation, a Nevada corporation (hereinafter "Consultant") having a place of
business located at 10550 Richmond Avenue, Suite 155, Houston, Texas 77042. Consultant and
Client are each individually referred to as a "Party" and collectively as the "Parties ".
The Parties agree as follows:
1. SCOPE OF SERVICES
1.1 Consultant agrees to undertake and perform certain consulting and professional
engineering services in accordance with the terms and conditions contained herein, for
the Baytown Mobility Study Project (the "Project "). The compensation for Consultant
shall be on the basis described in Exhibit "A" and shall not exceed TWO HUNDRED
SEVENTY -EIGHT THOUSAND FOUR HUNDRED FORTY -SIX AND NO /100
DOLLARS ($278,446.00). Reimburable expenses shall be as described in Exhibit "B"
and shall not exceed TWENTY -ONE THOUSAND FOUR HUNDRED FIFTY AND
NO /100 DOLLARS ($21,450.00). The time schedules for the services are attached as
Exhibit "C." The scope of the work is as detailed in Exhibit "D." Each of these Exhibits
"A" through "D" is incorporated into this Agreement by reference for all purposes.
1.2 Consultant will not perform additional services unless the same are agreed to in writing
by both parties prior to the performance of such services. The Client shall not be
responsible or liable for any additional services performed by the Consultant unless such
additional services have been approved in accordance with this section.
2. INVOICES AND PAYMENTS FOR SERVICES
2.1 Consultant's invoices must identify with specificity the work or services performed and
the date(s) of such work or services. Consultant shall maintain payrolls and basic payroll
records during the course of the services performed under this Agreement and shall
preserve them for a period of three years from the completion of the services called for
under this Agreement for all personnel working on such project. Such records shall
contain the name and address of each such employee, correct classification, hourly rates
of wages paid, daily and weekly number of hours worked, deductions made and actual
wages paid. Consultant shall make the records required to be maintained hereunder
available at no cost to the Client for inspection, copying or transcription or its authorized
representatives within fifteen days of the Client's request therefor. Consultant shall
permit such representatives to interview Consultant's employees during working hours on
the job.
2.2 Unless otherwise expressly stated herein, payment shall be on a time and materials basis
under the Schedule of Fees and Charges contained in Exhibit "A." Client shall pay
undisputed portions of each progress invoice within thirty (30) days of receipt of the
invoice or receipt of service, whichever is later ( "Payment Due Date "). If payment for
an undisputed invoice is not received on or before the Payment Due Date, Consultant
may suspend further performance hereunder until all undisputed invoices have been paid
in full. Client shall notify Consultant of any disputed amount within fifteen (15) days of
receipt of the invoice or receipt of service, whichever is later, give reasons for the
objection, and pay the undisputed amount on or before the Payment Due Date. Late
payments shall accrue interest in accordance with Section 2253.021 of the Texas
Government Code.
2.3 If Consultant, at any time during the term of this agreement, incurs a debt, as the word is
defined in section 2 -662 of the Code of Ordinances of the City of Baytown, it shall
immediately notify the Client's Director of Finance in writing. If the Client's Director of
Finance becomes aware that the Consultant has incurred a debt, the Client's Director of
Finance shall immediately notify the Consultant in writing. If the Consultant does not
pay the debt within 30 days of either such notification, the Client's Director of Finance
may deduct funds in an amount equal to the debt from any payments owed to the
Consultant under this Agreement, and the Consultant waives any recourse therefor.
3. CONFIDENTIALITY
3.1 Except as otherwise required by law, Consultant and Client each agree not to disclose any
information that is identified as confidential by the other Party to third parties, including
also subcontractors and vendors, unless (i) such subcontractors and vendors have a need
to know, (ii) the Party claiming confidentiality consents in writing to such disclosure and
(iii) subcontractors and vendors are bound to confidentiality requirements contained
herein.
3.2 Consultant understands and agrees that the GIS data of the Client is confidential and is
property of the Client. Consultant agrees that any GIS data provided by the Client to the
Consultant shall not be given, sold, or otherwise distributed to other parties in any way;
and shall be deleted and/or destroyed at the conclusion of the Agreement. Furthermore,
Consultant agrees that upon completion of the services required under this Agreement
and prior to final payment by the Client of Baytown for the same, the authorized
representative of the organization receiving such GIS data shall provide a statement on
company stationery to the Client's Director of Information Services Department,
certifying that the data has been deleted from all computers systems on which it was used
or placed and that all other copies have been destroyed. Consultant understands that
certain data sets are licensed to the Client and distribution to parties not authorized is a
direct violation of the licensing agreement. Failure to comply with any applicable license
agreement or the terms hereof will result in irreparable damage to the Client for which it
may seek legal and equitable relief, including attorney's fees.
4. STANDARDS OF PERFORMANCE
4.1 Consultant warrants that any consulting and professional engineering services performed
by under this Agreement shall be performed in accordance with that degree of care and
skill ordinarily exercised by members of Consultant's profession practicing at the same
time in the same location.
4.2 Consultant shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and the Client shall not be responsible for discovering deficiencies
therein. Consultant shall without additional compensation correct any deficiencies and /or
defective analysis at no cost to Client. The Client's approval, acceptance, use of or
payment for all or any part of Consultant's services hereunder shall in no way alter
Client's obligations or the Client's rights under this Agreement.
4.3 Consultant agrees the services it provides as an experienced and qualified engineer will
reflect the professional standards, procedures and performances common in the industry
for this project. Consultant further agrees that any analysis, reports, preparation of
drawings, the designation or selection of materials and equipment, the selection and
supervision of personnel and the performance of other services under this contract will be
pursuant to the standard of performance common in the profession.
5. PARTIES' REPRESENTATIVE
5.1 The Client's Director of Planning and Development Services or her designee shall act as
the Client's Representative.
5.2 Tina L. Walker, P.E., or his/her designee shall act as Consultant's Project Manager.
5.3 Any change of the Project Manager shall require advance written approval from the
Client's Representative. Consultant shall keep a full -time registered engineer licensed in
the state of Texas on staff and assigned to the project for the duration of its performance
of the services. Prior to commencement of the services required herein, Consultant shall
forward to the Client a detailed resume of the personnel that will be assigned to the
project.
5.4 Consultant shall receive written approval of the Client's Representative prior to the use of
any subcontractors or subconsultants.
6. INSURANCE
6.1 Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to person or damages to property which
may arise from or in connection with the performance of the services hereunder by
Consultant, its agents, representatives, volunteers, employees or subconsultants.
6.2 Consultant's Commercial General Liability and Automobile Liability insurance coverage
shall be primary insurance with respect to the Client, its officials, employees and agents.
Any insurance or self - insurance maintained by the Client, its officials, employees or
agents shall be considered in excess of Consultant's insurance and shall not contribute to
it. Further, Consultant shall include all subconsultants, agents, and assigns as additional
insureds under its policy or shall require its subconsultants, agents and assigns to furnish
separate certificates and endorsements for each such person or entity. All coverages for
subconsultants and assigns shall be subject to all of the requirements stated herein.
6.3 The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
a) Workers' Compensation for statutory limits in compliance with the applicable
state and federal laws, and Employer's Liability with a limit of $1,000,000;
b) Commercial General Liability including Products and Completed Operations,
Contractual Liability and Broad Form Property and Personal Injury Liability with
a combined single limit of $1,000,000 per occurrence and in the aggregate;
C) Automobile Liability Insurance with a combined single limit of $1,000,000 for
bodily injury and property damage with respect to vehicles either owned, non-
owned, and leased by Consultant in the performance of services under the
Agreement; and
d) Professional Liability Insurance in the amount of $1,000,000 per claim and in the
aggregate, which coverage shall be in force throughout this Agreement and one
year thereafter.
6.4 The following shall be applicable to all policies of insurance required herein:
a) Insurance carrier for all liability policies must have an A.M. Best Rating of
B +:VIII or better.
b) Only insurance carriers authorized to do business in the State of Texas will be
accepted.
C) Liability policies must be on occurrence form. Professional Liability can be on
claims -made form.
d) Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been
given to the Client; provided, however, that ten (10) days' notice shall be
provided in the event of cancellation due to non - payment of premiums.
e) The Client, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Professional Liability,
Employers' Liability, and Workers' Compensation policies required herein.
f) A waiver of subrogation for the benefit of the Client is required for the workers'
compensation and employers' liability policies.
g) Upon request and without cost to the Client, certified copies certificates of
insurance shall be furnished to the Client.
h) All insurance required herein shall be secured and maintained in a company or
companies satisfactory to the Client, and shall be carried in the name of
Consultant. Upon request and without cost to the Client, Consultant shall
provide copies of insurance policies required hereunder to the Client within 15
days of receipt of a written request.
7. INDEMNITY
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CLIENT, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS
THE "CLIENT") FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND
LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO
ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT TO
THE EXTENT ARISING OUT OF, OR IN CONNECTION WITH AN
ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL
PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE
CONSULTANT OR THE CONSULTANT'S AGENT, CONSULTANT
UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE
CONSULTANT EXERCISES CONTROL (COLLECTIVELY
CONSULTANT'S PARTIES). IT IS THE EXPRESSED INTENTION
OF THE PARTIES HERETO, BOTH CONSULTANT AND THE
CLIENT, THAT THE INDEMNITY PROVIDED FOR IN THIS
5
PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY
AND PROTECT THE CLIENT FROM THE CONSEQUENCES OF
CONSULTANT'S PARTIES' OWN WILLFUL MISCONDUCT,
JOINT OR SOLE NEGLIGENCE AS WELL AS THE
CONSULTANT'S PARTIES' INTENTIONAL TORTS,
INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES
TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT
APPLY, HOWEVER, TO LIABILITY ARISING FROM THE
PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF
PERSONS THAT IS CAUSED BY OR RESULTS FROM THE
NEGLIGENCE OF ANY PERSON OTHER THAN THE
CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION
OR PROCEEDING IS BROUGHT AGAINST THE CLIENT FROM
WHICH THE CLIENT IS INDEMNIFIED, CONSULTANT
FURTHER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE
TO THE CLIENT. THE INDEMNITY PROVIDED HEREINABOVE
SHALL SURVIVE THE TERMINATION AND /OR EXPIRATION
OF THIS AGREEMENT.
8. Release
By this Agreement, the Client does not consent to litigation or suit, and the Client
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter, or
applicable state law. Nothing herein shall be construed so as to limit or waive the
Client's sovereign immunity. Consultant assumes full responsibility for its services
performed hereunder and hereby releases, relinquishes and discharges the Client,
its officers, agents, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person (whether they be either of the parties hereto, their employees,
or other third parties) and any loss of or damage to property (whether the property
be that of either of the parties hereto, their employees, or other third parties) that is
caused by or alleged to be caused by, arising out of, or in connection with
Consultant's negligent performance of services to be performed hereunder. This
release shall apply with respect to Consultant's services regardless of whether said
claims, demands, and causes of action are covered in whole or in part by insurance.
6
9.1 Within ten days of the Client's request and at no cost to the Client, the Client will be
entitled to review and receive a copy of all documents that indicate work on the project
that is the subject of this Agreement.
9.2 Consultant shall provide written progress reports to the Client regarding the Project and
oral reports as requested. Such progress report shall identify the projected time and cost
required by the Consultant to complete the remaining phases of the services required
under this Agreement.
10. OWNERSHIP OF DOCUMENTS
10.1 Consultant grants to Client a transferable, irrevocable and perpetual royalty-free license
to retain and use all work products delivered to Client for any purpose in connection with
this Agreement, upon full payment by Client for Consultant's services. Client also may
use such work product for other purposes with Consultant's written consent. Re -use of
any such work product by Client on any extension of the project or on any other project
without the written authorization of Consultant shall be at Client's sole risk; and provided
that this Agreement is not terminated for cause by the Client, the Client shall release any
and all claims which the Client could make arising out of or in connection with any reuse
of the documents by the Client.
11. TERMINATION /SUSPENSION
11.1 The Client, besides all other rights or remedies it may have, shall have the right to
terminate this Agreement without cause upon ten (10) days' written notice from the
Client Manager to Consultant of the Client's election to do so. Furthermore, the Client
may immediately and without notice terminate this Agreement if Consultant breaches this
Agreement. A breach of this Agreement shall include, but not be limited to, the
following:
a) failing to pay insurance premiums, liens, claims or other charges;
b) failing to pay any payments due the Client, state, or federal government
from Consultant or its principals, including, but not limited to, any taxes,
fees, assessments, liens, or any payments identified in this Agreement;
C) the institution of voluntary or involuntary bankruptcy proceeding against
Consultant;
d) the dissolution of Consultant;
e) refusing or failing to prosecute the services or any separable part, with the
diligence that will ensure its completion within the time specified in this
Agreement;
f) failing to complete the services within the time period specified in this
Agreement; and/or
g) the violation of any provision of this Agreement.
Termination for cause shall be effective ten (10) days after receipt of a notice of
termination, unless a later date is specified in the notice. The notice of termination for
cause shall contain specific reasons for termination and both Parties shall cooperate in
good faith to cure the causes for termination stated in the notice. Termination shall not
be effective if the breach has been cured before the effective date of the termination.
11.2 Upon delivery of any notice of termination required herein, Consultant shall discontinue
all services in connection with the performance of the Agreement. Within ten (10) days
after the effective date of the termination, Consultant shall submit a final statement
showing in detail the services satisfactorily performed and accepted and all other
appropriate documentation required herein for payment of services. At the same time
that the final statement is tendered to the Client, Consultant shall also tender all of
Consultant's work product, whether complete or not, in an acceptable form and format to
the Client's Representative. No final payment will be made until all work product is so
tendered.
11.3 If this Agreement is terminated for cause, Consultant shall be liable for any damage to the
Client resulting therefrom. This liability includes any increased costs incurred by the
Client in completing Consultant's services. The rights and remedies of the Client in this
section are in addition to any other rights and remedies provided by law or under this
Agreement.
12. FORCE MAJEURE
12.1 In the event any party is rendered unable, wholly or in part, by force majeure to carry out
any of its obligations under this Agreement, it is agreed that on such party's giving notice
and full particulars of such force majeure in writing or by telegraph to the other party as
soon as possible after the occurrence of the cause relied upon, then the obligations of the
party giving such notice, to the extent it is affected by force majeure and to the extent that
due diligence is being used to resume performance at the earliest practicable time, shall
be suspended during the continuance of any inability but for no longer period. Such
cause shall as far as possible be remedied with all reasonable dispatch.
12.2 The term "force majeure" as used herein, shall include, but not be limited to, acts of God,
strike, labor dispute fire, storm, flood, windstorm, unusually severe weather, sabotage,
embargo, terrorism, energy shortage, explosion, riot, war, court injunction or order, or
any other inability of either party similar to those enumerated and not within the control
of the party claiming such inability, which by the exercise of due diligence and care such
party could not have avoided.
12.3 It is understood and agreed that the settlement of strikes or lockouts shall be entirely
within the discretion of the party having the difficulties, and the above - referenced
requirement that any force majeure be remedied with all reasonable dispatch shall not
require the settlement of strikes or lockouts by acceding to demands of the opposing party
when such course is inadvisable in the discretion of the party having the difficulty.
13. RESPONSIBILITIES OF CLIENT
13.1 Client shall: (1) provide Consultant, in writing, available non - confidential information
relating to Client's requirements for the project upon request of the Consultant; (2)
provide required approvals and decisions with reasonable promptness; and (3) furnish or
cause to be furnished to Consultant full, unrestricted and legal access to, and use of, the
site and all necessary rights -of -way and easements, in order to perform the services.
13.2 Unless expressly stated or communicated otherwise by the Client, Consultant may rely
upon and use in the performance of the services required herein information supplied to it
by Client without independent verification and Consultant shall not be responsible for
defects in its services attributable to its reliance upon or use of such information. Nothing
contained herein shall be construed to require the Client to provide such records in any
certain format. The format in which the existing data and documentation will be
provided shall be at the sole discretion of the Client.
14. TERM
14.1 Unless otherwise specified, the term of this Agreement shall run from the Effective Date
until Consultant has completed the Services and received all payments due under the
Agreement.
15. GENERAL
15.1 Client and Consultant each represent and warrant that this Agreement has been duly
authorized, executed and delivered and constitutes its binding agreement enforceable
against it. This Agreement supersedes all prior written and /or oral contracts and
agreements that may have been made or entered into between Client and Consultant
regarding the subject matter hereof, including but not limited to any and all proposals,
oral or written, and all communications between the Parties relating to this Agreement,
and constitute the entire agreement between the Parties hereto with respect to the subject
matter hereof.
15.2 This Agreement may not be assigned by Consultant or Client in any way, including by
operation of law, unless otherwise mutually agreed to in writing, any such attempted non -
authorized assignment shall be null and void and of no force or effect.
15.3 Any cost opinions or estimates provided by Consultant will be on a basis of experience
and judgment, but since Consultant has no control over market conditions or bidding
procedures, Consultant cannot and does not warrant that bids, ultimate construction cost,
or project economics will not vary from such opinions or estimates. Neither this
Agreement nor any of the services provided hereunder shall constitute or provide for, and
Consultant shall not be considered to have rendered, any legal or financial opinion(s)
regarding the feasibility of this project or any other or regarding any other matter.
15.4 Unless otherwise provided in this Agreement, any notice provided for or permitted to be
given must be in writing and delivered in person or by depositing same in the United
States mail, postpaid and registered or certified, and addressed to the party to be notified,
with return receipt requested, or by delivering the same to an officer of such party.
Notice deposited in the mail as described above shall be conclusively deemed to be
effective, unless otherwise stated in this Agreement, from and after the expiration of three
(3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly
changed as provided for herein below:
For the Client:
For the Consultant:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522 -0424
FAX: 281 - 420 -6586
URS CORPORATION
Attn: Bruce Broberg, Office Manager
10550 Richmond Avenue, Suite 155
Houston, Texas 77042
Each party shall have the right from time to time at any time to change its respective
address and each shall have the right to specify a new address, provided that at least
fifteen (15) days' written notice is given of such new address to the other party.
15.5 All contract issues and matters of law will be adjudicated in accordance with the laws of
the State of Texas. Venue for any litigation shall be in Harris County, Texas.
15.6 Notwithstanding anything to the contrary contained in this Agreement, the Client and
Consultant hereby agree that no claim or dispute between the Client 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 Client is subjected
to an arbitration proceeding notwithstanding this provision, Consultant consents to be
10
joined in the arbitration proceeding if Consultant's presence is required or requested by
the Client for complete relief to be recorded in the arbitration proceeding.
15.7 The terms and conditions of this Agreement shall prevail, notwithstanding any variance
with any purchase order or other written instrument submitted by Client whether formally
rejected by Consultant or not. This Agreement may be modified only by amendment
when signed by each Party. In the event that any one or more of the provisions of this
Agreement shall be found to be illegal or unenforceable, the remaining provisions of this
Agreement shall remain in full force and effect, and such term or provision shall be
deemed stricken to the extent and in the jurisdictions necessary for compliance with
applicable law.
15.8 Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the Client or Consultant.
15.9 The headings in this Agreement are for convenience only, and shall not affect the
interpretation hereof. The terms "hereof", "herein," "hereto' and similar words refer to
the entire Agreement and not to any particular Article, Section, Attachment, Exhibit or
any other subdivision of this Agreement. References to "day" or "days" shall mean
calendar days unless specified otherwise.
15.10 The provisions of this Agreement which by their nature are intended to survive the
termination, cancellation, completion, or expiration of the Agreement, including, but not
limited to, indemnities and any expressed limitations of or releases from liability, shall
continue as valid and enforceable obligations of the parties notwithstanding any such
termination, cancellation, completion, or expiration.
15.11 It is understood and agreed that any delay, waiver or omission by Consultant or Client to
exercise any right or power arising from any breach or default by Client or Consultant in
any of the terms, provisions or covenants of this Agreement shall not be construed to be a
waiver by Consultant or Client of any subsequent breach or default of the same or other
terms, provisions or covenants on the part of Consultant or Client.
15.13 Consultant is an independent contractor and the Client neither reserves nor possesses any
right to control the details of the services performed by Consultant under the terms of this
Agreement.
15.14 In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author
the same.
15.15 The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party he /she
represents.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed by their duly authorized representatives, effective as of the day and year first above
mentioned.
CITY OF BAYTOWN
By:
(Signature)
Name:
(Printed)
Title:
URS CORPORATION
By:
(Signature)
Name:
(Printed)
Title:
[E?
EXHIBIT A
COMPENSATION
Services required under this Agreement shall not exceed TWO HUNDRED SEVENTY -EIGHT
THOUSAND FOUR HUNDRED FOURTY -SIX AND NO /100 DOLLARS ($278,446.00) based upon the
task budgets specified herein below. Each task has a budget provided in Exhibit A -1 and the labor rate
schedule provided in Exhibit A -2. Payment shall be based on actual time charged at the labor rates
specified Exhibit A -2 for each task. Task budgets shall not exceed the following amounts without prior
written approval of the Client and in no instance shall the total compensation exceed $278,446.00.
Task 1:
Project Management ................ ............................... ........................$54,486
Task 2:
Public Involvement .................. ...............................
........................$39,320
Task 3:
Existing Date Collection and Inventory ...................
.........................$8,885
Task 4:
Ordinance and City Process/Procedure Review .......
.........................$3,390
Task 5:
Land Use and Urban Design .... ...............................
........................$22,645
Task 6:
Travel Demand Modeling and Traffic Analysis .....
........................$20,522
Task 7:
Cedar Bayou Crossing Study — Conceptual Level
... .........................$8,470
Task 8:
Infrastructure Needs Assessment/Port ....................
........................$24,922
Task 9: Multi -Modal Assessment ......... ............................... ........................$38,559
9.1: Bus Transit .......................... ............................... .........................$6,507
9.2: Commuter Rail .................... ............................... .........................$6,395
9.3: Freight Rail ......................... ............................... .........................$9,030
9.4: Bicycle and Pedestrian Amenities ..................... .........................$7,613
9.5: Airport ................................. ............................... .........................$7,150
Task 10: Access Management
........ ..............................$12,256
Task 11: Update Thoroughfare Plan ...... ............................... .........................$7,010
Task 12: Capital Improvement Program (CIP) ..................... .........................$1,770
Task13: Finance .................................... ............................... .........................$6,190
Task 14: Mobility Study Report ........... ............................... ........................$31,885
Additional Services
Consultant will perform additional services at a price agreed upon by the parties in writing prior to the
performance of such services. The Client 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.
Exhibit A -1— Budget Summary by Task
Exhibit A -2 - Labor Rate Schedule by Task
EXHIBIT A -1
BUDGET SUMMARY BY TASK
Baytown Mobility Plan
Budget Summary
12/1/2010 1 of 1
URS
TBG
ATG
Task Total
Task 1
Project Management
$ 31,524.00
$ 6,650.00
$ 16,311.62
$ 54,485.62
Task 2
Public Involvement
$ 16,753.00
$ 4,710.00
$ 17,856.76
$ 39,319.76
Task 3
Existing Data Collection and Inventory
$ 6,605.00
$ 2,280.00
$ -
$ 8.885.00
Ordinance and City Process/Procedure
Task 4
Review
$ 350.00
$ 3,040.00
$ -
$ 3,390.00
Task 5
Land Use and Urban Design
$ 700.00
$ 21,945.00
$ -
$ 22,645.00
Task 6
Travel Demand Modeling and Traffic Analysis
$ 950.00
$ -
$ 19,571.72
$ 20,521.72
Cedar Bayou Crossing Study - Conceptual
Task 7
Level
$ 8,090.00
$ 380.00
$ -
$ 8,470.00
Task 8
Infrastructure Needs Assessment/Port
$ 24,922.00
$ -
$ -
$ 24,922.00
Task 9
Multi -Modal Assessment
9.1 Bus Transit
$ 6,507.00
$ -
$ 6,507.00
9.2 Commuter Rail
$ 6,015.00
$ 380.00
$ 6,395.00
9.3 Freight Rail
$ 9,030.00
$ -
$ 9,030.00
9.4 Bicycle and Pedestrian Amenities
$ 350.00
$ 760.00
$ 6,503.36
$ 7,613.36
9.5 Airport
$ 7,150.00
$ -
$ 7,150.00
Task 10
Access Management-
$ 350.00
$ -
$ 11,906.32
$ 12,256.32
Task 11
Update Thoroughfare Plan
$ 4,610.00
$ 2,400.00
$ -
$ 7,010.00
Task 12
Capital Improvement Program (CIP)
$ 1,770.00
$ -
$ -
$ 1,770.00
Task 13
Finance
$ 2,820.00
$ -
$ 3,370.08
$ 6,190.08
Task 14
Mobility Study Report
$ 20,095.00
$ 5,320.00
$ 6,469.78
$ 31,884.78
Labor Subtotal
$ 148,591.00
$ 47,865.00
$ 81,989.64
$278,445.64
Labor Rounded
$ 148,591.00
1 $ 47,865.001
$ 81.990.001
$278,446.00
12/1/2010 1 of 1
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EXHIBIT A -2
minn- r
Baytown MobAity Study
TBG Partners Inc.
Budget
Task
Pmsrpsl
Pi°fod
Manager
DepvyPrgect
Manager
ConsWtwa
Support Staff1
SupponStart2
Total Mom
ToalCosta
$too
silo
$95
$175
$70
$55
112 Develop Project List for warms Vadb n. and Lore -Toms btprowmeMS and Chapter
for Fhul Report
0
so
12
Capital M Program CIP - by LRS
12.1 PropareCorarructionCostEsUrnafts
0
so
122 Support and Adored / Staksholdsr a« Task L2 1
0
sol
13
Rmm*-bYURSandATG
13.1 Develop hsnsive List of FurAUr4ffbmndm options
0
ro
132 Coordinate with City Ftauas Department and bftrml Stakeholders (sea Task 2.3 for
budgeo
0
so
13.3. Attend Briefing for City Administratlart see Task 2.3 for Bu
0
14
Mobft Sbidy Report
14.1 Prepare Draft Table of CoMants for RavlowdQmwriardlApproval
4
4
$
142 Prepare Draft Report and Subrdt Electronically for Review
32
32
S3,040
142 Prepare List of References Acrw4m and Glossa
2
2
$1
14A to City Commems and PubBc Moothig Comm nft
6
6
s51
14.5 Submit Draft Final Repo" for RGVWAM@Sporvd to Comments
6
6
$570
14.6 PriM and ship 10 copies to P&Z1Post to webslis
0
s0
14.7 Revise Draft Rnaf Re as needed based on pubilc eomm nft & submit to Council
6
0
$570
141 Support for Council Adoption
0
s0
0
s0
0
so
514
ck
Horns Subtotal
1 2
1 68
333
16
35
60
514
$47,865
Soma Rate
$100.00
1 3110.00
$95.00
s17S00
$70.00
$55.00
Labor Coal
S 200.0013
7 480.00
1 5 31 535.00
3 2,500.00
S 2,450.091
5 3 300.00
15 47 005.00
121112010 9 019
s2,400
$5,320
$47,865
EXHIBIT B
Reimbursable Expenses
Reimbursable expenses shall include costs for incidental items such as parking, mileage,
deliveries, and copies. Such expenses will be invoiced to the City at the Consultant's direct
cost and mileage will be invoiced at the IRS rate. Reimbursable expenses will not exceed
TWENTY -ONE THOUSAND FOUR HUNDRED FIFTY AND NO /100 DOLLARS
($21,450.00). The City must approve all travel expenses before the same are incurred. If
such approval is not obtained, the City shall not be liable for such travel expenses. Submitted
invoices must include actual receipts for such expenses including air travel, rental cars,
parking, fuel, hotel, express deliveries, and other incidental expenses which may be pre -
approved but not listed below.
Billing Rate Schedule
ColorCopies (@ $35 each) .................. ............................... ......................$1,950.00
Color Oversize Copies ( @$1.38 each) . ............................... ......................$1,304.00
Black & White Copies (@ $.10 each) .... ............................... ........................$100.00
Black & White Oversize Copies (@ $.20 each) ................... ........................$100.00
Mounting for Exhibits (@ $65 each) .... ............................... ......................$3,050.00
Express Deliveries (@ $20 each) ........... ............................... ........................$560.00
Color Plots (@ $5 /sf bond, $9 /sf glossy each) ..................... ......................$1,800.00
SharePoint Web Project Communications ($100/ month) .... ......................$1,000.00
Team Conference Calls (1 /month @ 30 minutes) ................ ........................$150.00
Progress Meeting Conference Calls (1 /month @ 75 minutes) .....................$313.00
Final Report (100 color pages @ 35 copies) ....................... ......................$2,625.00
Travel......................................................................................... ...............................
Mileage (1100 miles @ $.50/ mile ) ........................... ........................$550.00
Airfare (Austin to Hobby, New Orleans to Hobby) . ......................$1,600.00
Airport Parking ($12 /day @ 8 days) .......................... .........................$84.00
Rental Cars ...................
............ ......................$2,665.00
Fuel for Rental Cars ( actual) ..... ............................... ......................$1,135.00
Hotel ($125/ night) ..................... ............................... ......................$1,250.00
Meals (Per deim $35 /day overnight, $20 /day day trip) ....................$960.00
Other (report binders, etc.) ..................... ............................... ........................$258.00
EXHIBIT C
SCHEDULE OF SERVICES
The Consultant shall perform the services detailed in Exhibit D in accordance with the following
schedule, which schedule shall run from the issuance of the notice to proceed:
EXHIBIT D
SCOPE OF WORK
Mobility Study for City of Baytown
The City of Baytown (City) selected the URS Team (Consultant Team) to execute
the following scope of work for a multimodal mobility study for Baytown and its
extra= territorial jurisdiction.
1. Project Management
1.1 Project Coordination -- Provide internal and external coordination
for day -to -day activities.
1.2 Project Controls
1.2.1 Develop a project management plantproject execution plan
(PXP) the addresses the URS quality requirements, including but
not limited to:
❑ Scope of work
❑ Budget (fee proposal)
❑ Baseline schedule, with milestones
❑ Team member responsibilities (by firm and task leaders)
❑ Include a summary of all task deliverables
1.2.2 Prepare Quality Assurance Plan and perform scheduled
reviews.
1.2.3 Maintain and update baseline schedule and update
monthly
i. DELIVERABLE: Project Execution Plan, Quality Assurance
Plan and monthly schedule updates
Baytown Mobility Plan Draft Scope -1 -
1.3 Project Administration
1.3.1 Prepare and execute subcontracts and interoffice work
authorizations. Provide general administration of the
contract and subcontracts.
1,3,2 Coordination with subproviders includes monthly
conference calls programmed at 30 minutes each for 10
months.
1.3.3 Prepare invoices and progress reports monthly.
DELIVERABLES: Subcontracts, invoices and progress reports.
1.4 Project status meetings with the City are programmed as twice
per month for 3 months, then once per month for 7 months. The
Consultant team will prepare meeting notes. Subconsultants are
programmed to participate in no more than 5 meetings, of which
two will be conference calls.
1.4.1 Project kickoff meeting will be in Baytown with the city's
project team and followed by a stakeholder meeting with
the council in the early evening. Attendance will be Walker,
Sanchez, Matuszak.
1.4.2 The remainder of project status meetings (13) are
programmed as follows:
1.4.2.1 Eight 60- minute conference calls..
1.4.2.2 Five meetings in Baytown (attendance based on
agenda items. Milestone meetings are planned for
discussion of deliverables and/or preparation for
public involvement activities.
DELIVERABLES: Meeting agendas and meeting notes.
Baytown Mobility Plan Draft Scope - 2 -
1.5 Provide web -based communication tool (Sharepoint) for data
sharing, coordination, and submittal reviews for consultant team
members and the City. The City will identify appropriate staff
members who will be given access to the website.
DELIVERABLE: Sharepoint website, log -in credentials and user
guide
1.6 All deliverables will be digital in the applicable Microsoft Office
program unless otherwise indicated.
2. Public Outreach and Involvement
2.1 In coordination with the City, develop a Public Outreach and
Involvement Plan which will serve as the guide for the public
involvement process for the development of the Mobility Plan.
2.1.1 Participate in conference calls with City to discuss the
public involvement plan and to review comments by the
City.
2.1.2 The Plan will recommend an outreach process for inviting
the participation of the public in the planning process.
This outreach process will include, but not be limited to:
❑ Developing a process and schedule for outreach
activities that meet all public notification
requirements, and which include both traditional
media outreach (newspapers, radio, and
television), as well as social media, listservs,
email and other internet based outreach
methods.
❑ Identifying the individuals responsible for the
execution of each element of the outreach /public
Baytown Mobility Plan Draft Scope -3-
❑ Developing a list of business, neighborhood
organizations, developers, the school district,
emergency response agencies, and other
community groups that should be notified and
asked to circulate information to their respective
memberships. This subtask will be performed by
the City.
❑ Developing advertisements, public notices, press
releases and other publicity materials related to
the project for public distribution. This subtask
will be performed by the City.
❑ Use City's website to serve as a portal for public
access to information about the project as well
as a venue for soliciting input from the public.
■ All information for the website for public
access will be submitted to the City's
project manager in advance of posting on
the website.
■ The City will create a public comment
submittal form. Comments will be directed
to City's project manager, who will then
forward comment to public involvement task
leader, URS project manager and URS
deputy project manager.
Baytown Mobility Plan Draft Scope -4-
❑ The public involvement techniques and activities
that will be used at the public involvement
meetings.
❑ The number and schedule of other stakeholder
and public involvement activities to be performed
by City staff, i.e. speaking engagements and
briefings, etc.
❑ Developing a process to engage the ETJ, such
as county precinct representatives for Harris and
Chambers counties and affected residents and
businesses.
❑ Plan, coordinate, attend and document each
public involvement meeting listed in the Public
Outreach and Involvement Plan. Attendance by
the Consultant Team is noted within each task
description. The City will provide staff as needed
for facilitation, registration and preparation of
notes.
DELIVERABLE: Public Involvement Plan
2.2 Stakeholder meetings will have a specific focus for the
discussion and participants will be invited or the meetings will
serve as briefings to city committees and city council. There are
six stakeholder meetings programmed as noted in the specific
tasks. .
❑ The City will identify and invite the participants for each of
the stakeholder meetings. The anticipated meetings are
Development Review Committee (2), city council /P&Z (2),
Baytown Mobility Plan Draft Scope - 5 -
economic development/port, and city finance /CIP
committee.
0 The City will coordinate the meeting dates and locations for
all stakeholder meetings and prepare meeting notes.
❑ Develop a plan and schedule for providing information to
and soliciting input from the identified stakeholder groups
during the planning process. Stakeholder meetings will be
held in conjunction with other team meetings to minimize
additional travel costs.
2.3 The public meeting (1) will be open to the general public and
advertised on the city website and through media releases. The
public meeting location will be at a city facility. The City will
develop the mailing list for meeting notices. The City will
coordinate the location, advertising and meeting notices for the
public meeting.
2.4 The public hearing (1) is programmed as a Planning & Zoning
Commission agenda item during a regular commission meeting.
❑ Compile and analyze the results of the public input from
both the public involvement meetings and from the
website.
❑ Responses to public comments, if needed, will be
developed by the City.
DELIVERABLES for all public involvement: Handouts, exhibits
presentations (as needed) .
Baytown Mobility Plan Draft Scope -6-
3. Data Inventory and Collection
3.1 The Consultant Team will compile previous studies and reports
related to land use, transportation, demographic projections,
and transit plans; related ordinances; maps; and GIS databases
from readily available public agencies to supplement City data,
including but not limited to:
❑ Houston- Galveston Area Council,
❑ Harris County
❑ Chambers County
❑ TxDOT
❑ Corps of Engineers
❑ Port of Houston
❑ Cedar Bayou Navigation District
❑ Goose Creek ISD
❑ Lee College
❑ Nearby cities, as necessary
URS will develop the base mapping in GIS using public data for
aerial mapping (2009), shape files from City of Baytown and
other readily available data. The GIS base map will be
distributed to the team members to develop shape files for the
various tasks.
URS will compile all of the data into a comprehensive data set.
Each member of the Consultant Team will compile the
information relative to their respective responsibility. Each
subprovider will coordinate through URS to minimize duplication
of contact with the various entities and duplication of analysis.
Baytown Mobility Plan Draft Scope - 7 -
3.2 . URS will develop the file structure and naming convention for
Sharepoint files.
DELIVERABLES: Digital catalog of reference material (interim and
final) and DVD of references upon completion of the project; GIS
database with metadata on DVD in ArcGIS
4. Ordinance and City Process /Procedure Review
4.1 Review the following documents, processes and procedures for
compatibility /conflicts:
❑ Annexation strategy,
❑ Growth management,
❑ Certificate(s) of Convenience and Necessity (CCN),
❑ Local and regional land use and transportation plans,
O Current and draft codes and ordinances,
0 Highlands and McNair plans (if any),
❑ Industrial Development Agreements,
❑ Subregional Detention Plan
O Drainage design criteria, and
0 Harris County Flood Control District guidance for
converting from open ditch to storm sewer.
4.2 Develop recommendations for revised subdivision ordinances,
including standards for access management requirements.
DELIVERABLE: Draft and final technical memorandum with draft
ordinances
Baytown Mobility Plan Draft Scope - 8 -
5 Land Use and Urban Design
5.1 Review adopted existing and future land use maps from the
2025 Comprehensive Plan update and the draft future land use
map prepared by city staff.
5.2 Review local and regional plans including the Parks Plan,
Visioning Statement, Sub - Regional Detention Plan, Baytown
2025 Comprehensive Plan, Major Thoroughfare Plan, Livable
Centers Plan, San Jacinto Texas Historic District Corridor
Standards, and East Port Sub - Regional Plan.
5.3 Collect and review land use and market information available
through the BaytownMest Chambers County Economic
Development Foundation.
5.4 Review residential and commercial development patterns and
directions of growth within the city and its ETJ.
5.5 Identify opportunities for alternative land uses in the ETJ as well
as opportunities for redevelopment with in the city that would
promote the concept of Livable Centers and reduce vehicle-
miles traveled.
5.6 The Consultant Team will develop two alternative future land
use plans (compared to the future land use plan that is currently
under revision) for the study area.
5.7 Evaluate land use scenarios and recommend the land use
scenario to be used as the basis for the travel demand modeling
and subsequent update of the thoroughfare plan.
5.8 Prepare technical memorandum.
DELIVERABLES: Technical memorandum with associated maps
(digital with maps as pdf's)
Baytown Mobility Plan Draft Scope - 9 -
6 Travel Demand Modeling
6.1 The City has determined that H -GAC can run the 2035 travel
demand model for the two alternative future land use scenarios
and their respective demographic and roadway inputs at no cost
to the City. Consultant team will coordinate this task directly
with H -GAC.
6.2 Develop population projection for 2035 for the base future land
use (currently being updated by City) and the two alternative
future land use scenarios for the whole study area. All of the
scenarios will assume commuter rail and one of the scenarios
will include a deepwater port. The City will provide available
data for mapping land use constraints.
6.3 Update travel demand model.
6.3.1 Subdivide the large traffic analysis zones (TAZs) in
the ETJ and /or city limits based on planned
improvements and roadway network changes based
on master plans submitted by developers (either
preliminary or final).
6.3.2 Develop demographic data based on revised TAZs
and population projections.
6.3.3 Update roadway network based on proposed
improvements to serve the future needs for adopted
future land use and two alternative future land use
scenarios.
6.4 Develop level of service maps for base case, No Build 2035,
and each of the future land use scenarios.
6.5 Prepare technical memorandum.
Baytown Mobility Plan Draft Scope -10-
DELIVERABLES: Technical memorandum describing methodologies
and assumptions for adjusting and splitting TAZ boundaries, population
and employment projections, roadway network updates, level of
service estimates and roadway system performance outputs.
Digital files containing new TAZ boundaries, updated socioeconomic
data, updated roadway networks, and level of service data.
7. Cedar Bayou Crossing Study (High Level)
7.1 Coordinate with City and Chambers County floodplain
administrators to obtain the latest information on FEMA
designation and flood history on Cedar Bayou. Suggest
appropriate hydraulic design criteria for the bridge crossing.
7.2 Develop preliminary alternatives considering:
0 Existing Baytown thoroughfare plan,
❑ Chambers County thoroughfare plan,
0 Potential runway extension,
❑ Neighborhood impacts,
❑ Potential environmental impacts,
0 Existing and future land use scenarios, and
0 Pipeline locations.
7.3 Screen preliminary alternatives, chosen by City, for two
locations to evaluate in more detail. The high -level screening
criteria will be approved by the city project manager. Field
review of the alternatives will be limited to observations from
public right- of -way on land. The City will perform site visit of the
proposed crossing locations by boat.
Baytown Mobility Plan Draft Scope -11 -
7.4 Programming -level cost estimates will be developed for each of
the final alternatives based on recent bids for city street
improvements and TxDOT averages for bridge construction.
Costs for preliminary engineering, surveying, design and
permitting will not be included.
7.5 Prepare technical memorandum.
DELIVERABLE: The deliverable for this task is a technical
memorandum and conceptual schematics on a 1" = 200' scale.
8. Infrastructure Needs Assessment for Future Potential Port
Determine the potential location and related potential infrastructure
needs for a future "Cedar Bayou Port".
Assumptions:
• Previous studies have been conducted for the feasibility of a
future deepwater port and will be made available to the
Consultant Team.
• The Team will utilize existing cargo flow analyses conducted for
container port facilities in the region, more specifically for similar
sized facilities.
8.1 The Consultant Team will review existing studies to summarize
the goals and intent of the private sector in pursuing a
deepwater port.
8.2 The Team will evaluate the impacts of a deepwater port near
Cedar Bayou on the City's transportation systems (road and
rail). For the purposes of this study, the Team will define a
geographic area (i.e., Cedar Bayou Port) in which a deepwater
Baytown Mobility Plan Draft Scope -12-
port could be located that is comparable in land area, shoreline,
and channel width to other ports locationed within the region.
8.3 Using tonnage and cargo statistics from existing comparable
port facilities, estimate future demand to:
8.3.1 Prepare a conceptual layout for rail and highway
access to the Cedar Bayou Port area at a local scale.
(Does FM 1405 have enough capacity? Do rail yards
& rail lines have capacity ?)
8.3.2 Provide recommendations to complete the needed
connections between the local transportation system
that serves the port and the overall transportation
system that moves goods through and out of the City.
(e.g., does increased cargo coming from the port
bottleneck other areas in the City as freight makes its
way to its final destination ?)
8.4 The Consultant Team will conduct one stakeholder meeting for
interested community leaders, port representatives / officials,
and current Cedar Crossing Industrial Park tenants. This
meeting is programmed as one of the stakeholder meetings
identified in Task 2.2, Stakeholder Meetings.
DELIVERABLES:
A base map of the potential Cedar Bayou Deepwater Port area at a
local scale with transportation infrastructure and key land use
assumptions; high -level conceptual layout of supporting landside
infrastructure (road and rail).
Recommendations for potential future improvements to the local
transportation network that support the port facility and can be
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incorporated into the thoroughfare plan and land use scenarios
sections of the Mobility Plan.
9 Multi -Modal Assessment
9.1 Transit (Bus) Service — Develop policy to encourage an increased
level of service and route expansion of the existing transit service.
9.1.1 Analyze existing zoning policies to determine if
Transportation Demand Management (TDM) principals
can be applied to encourage higher density development
to support greater transit utilization.
9.1.2 Analyze proposed transit center (Livable Centers Study)
to determine if or when that investment might be feasible.
9.1.3 Determine if there are reverse commute Job Access
Reverse Commuter (JARC) funding opportunities to
serve major employers in Baytown.
9.1.4 Prepare technical memorandum.
DELIVERABLE: Technical memorandum (digital, in MSWord)
with recommendations to enhance transit utilization within
Baytown.
9.2 Commuter Rail — H -GAC is currently conducting the Regional
Transit Framework Study to prepare for the 2040 planning
effort. The 2008 H -GAC Commuter Regional Rail Connectivity
Study does not include a recommendation for service between
Houston and Baytown. However, the City's future land use plan
does identify locations of future stations for this service when it
becomes viable.
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9.2.1 Using the results of the alternative land use scenarios,
the transit policy analysis and freight rail assessment, the
Consultant Team will prepare a "white paper" to submit to
H -GAC demonstrating the need to include Baytown in the
planning of future transit systems, including commuter
rail and bus rapid transit. The "white paper" will not
include any analysis or discussion on cost/benefit nor
cost viability of the commuter rail service.
9.2.2 The Team will consider the need for a future commuter
rail corridor to bypass Exxon (for safety and operational
benefits). The analysis will be limited to use of existing
aerial photography and land use and environmental
constraints as provided by the City. The analysis will be
limited to see where broad potential corridors exist.
Consideration will be given to providing a link between
the rail lines at Wade Rd. & 1 -10 and other future
commuter stops in Baytown. (i.e., Garth Rd. Livable
Center, Downtown, Ameriport and Cedar Crossing
employment centers). Cost estimates for the new track
will be based on high -level cost per mile, without right -of-
way costs.
9.3 Freight Rail
9.3.1 Identify ownership and usage of Class I and short-line
tracks in the study area. Identify location of existing
staging yards and industrial sidings from aerial
photography. Identify locations of future staging
yards /siding needs based on industrial master plans.
Identify future yard expansion or capacity improvements
along the line within the city, its ETJ and /or in the railroad
subdivision.
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9.3.2 Determine average trains per week on Class I and short-
line tracks from previous freight studies and /or telephone
interviews. Determine if there is a predominant direction
for loaded /unloaded cars. Determine the local shippers
using the Class I, and shipped, and frequency of
incoming and outgoing rail cars.
9.3.3 Compare the rail usage to rail capacity to evaluate the
network's ability to handle increased freight volume
based on H -GAC's Regional Goods Movement Study.
9.3.4 At -Grade Crossing Analysis
9.3.4.1 Identify at -grade crossings, both signalized and
unsignalized, with high incidence of blockage
through coordination with city emergency
services and the school district.
9.3.4.2 Identify high accident locations based on data
from Federal Rail Administration and through
coordination with Baytown Police Department,
9.3.4.3 Identify at -grade crossings that potentially
could be closed to improve safety. Identify at-
grade crossings that could warrant grade
separations.
9.3.5 Prepare technical memorandum.
DELIVERABLE: A technical memorandum will summarize the
analyses included in this subtask. Improvements identified
through this effort will be considered for the thoroughfare plan
update and the capital improvement program.
9.4 Bicycle and Pedestrian Amenities
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9.4.1 In coordination with the land use and ordinance review,
the Consultant Team will evaluate inclusion of sidewalks
and bicycle lanes on certain functionally classified
roadways.
9.4.2 Propose development code amendment(s) to require
new developments provide connectivity to existing trails.
9.4.3 Prepare technical memorandum.
DELIVERABLES: Technical memorandum that will include
policy language for retrofitting sidewalks within existing
subdivisions, and development code amendments to create new
or improved connectivity to the existing hike and bike network.
9.5 Airport
9.5.1 Evaluate impacts to roadway network in accordance with
the proposed development plan shown on the Airport
Layout Plan, the airport master plan and
recommendation in the H -GAC Regional Airport System
Plan (available October 2010).
9.5.1.1 Conduct telephone interview airport manager for
an update on hangar space and the number and
type of based aircraft. The Phase I H -GAC
Regional Airport System Plan Report included
data sheets that stated new hangers were under
construction in late 2008. (Explanation: The
number of aircraft based at the airport may have
increased after new hangars were completed.
Reliever status usually does not occur until 100
aircraft are based at a general aviation airport.)
Baytown Mobility Plan Draft Scope -17 -
9.5.1.2 Runway 32 would need to be extended if
Reliever Airport status is granted by Federal
Aviation Administration (FAA). Propose and
evaluate two options for relocating E. Lynchburg
— Cedar Bayou Road or redirecting east -west
traffic
9.5.1.2.1 Determine length of extension and
buffer beyond the runway for glide
slope requirements.
9.5.1.2.2 Evaluate options for east -west traffic
for E. Lynchburg — Cedar Bayou
Road.
9.5.1.3 Develop criteria that could be used to evaluate
potential sites if the City and /or airport owner
consider relocation of the airport.
DELIVERABLE: Technical memorandum providing the results
of the analyses comparing the transportation impacts of
expanding the existing airport and proposed criteria for
evaluating options for relocation of the airport. Results will be
summarized in the Mobility Plan report
10 Access Management
10.1 Review access along State roads with the city and its ETJ that
are subject to TxDOT's Access Management Manual or access-
denial zones established by TxDOT.
10.2 The Consultant will identify current and future corridors that
would benefit from the use of access management strategies.
The consultant will provide a summary report describing a
Baytown Mobility Plan Draft Scope -18-
toolbox of access management techniques, which corridors are
best suited to each of the techniques and how a particular
technique or package of techniques should be applied in each
corridor during implementation of the mobility plan.
DELIVERABLE: Access management policy with a strategic
assessment and prioritization of corridors that would benefit from
access management; associated exhibits for public involvement
11 Update Thoroughfare Plan
11.1 Based on the results of the land use scenario evaluation and
roadway improvements analysis and recommendations, update
the thoroughfare plan map.
11.2 Develop list of near -, mid -, and long -range projects.
DELIVERABLE: The update of the thoroughfare plan will be a chapter
in the final report and will include the list of proposed roadway
improvements with limits, existing and proposed number of lanes,
layman's description.
12 Capital Improvement Program (CIP)
12.1 Develop cost estimates for the projects identified as near -term
(first five years). The estimates be based on typical sections
included in the thoroughfare plan on a cost - per -mile basis. The
City will provide guidance on costs associated with improving
and /or maintaining the drainage ditches under control of the
Harris County Flood Control District.
12.2 The Consultant Team will participate in development review
committee meetings to review and prioritize the recommended
projects for a five -year plan. One stakeholder meeting is
programmed with the Citizen Bond Advisory Committee.
Baytown Mobility Plan Draft Scope _19-
12.3 The proposed CIP will be included in the presentation at the
final public meeting.
DELIVERABLE: Project list with project descriptions, estimates,
location maps.
13 Finance
The Consultant Team will evaluate all funding options for
implementation of the plan, including public /private partnerships.
13.1 The Consultant Team will develop a list of municipal (fees,
bonds), private (developer, TIF), state and federal funding
sources and financing options. The list will include information
such as application process, terms /conditions, and a repayment
process, if applicable.
13.2 The Consultant Team will meet with the City Finance
Department and internal stakeholders to evaluate the options for
the various project types (roads, drainage, sidewalks, transit).
DELIVERABLE: Technical memorandum outlining viable and
appropriate strategies for implementing projects in the Mobility Plan.
The memorandum will provide guidance on the required steps to
initiate each of these project finance tools.
14 Mobility Study Report
The Consultant Team will develop a report to document the results of
the various analyses performed under this project.
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14.1 Prepare a draft Table of Contents for the draft report for review
and comment. The Table of Contents may evolve during the
actual writing of the report.
14.2 Prepare draft report in MSWORD, with minimal formatting, and
submit electronically for digital review by city planning staff
using track changes.
14.3 Prepare a list of references, acronyms and glossary for the draft
report.
14.4 Respond to City comments and public meeting comments with
revisions to the report, as necessary.
14.5 Submit draft final report for review. Respond to comments.
14.6 Upon approval of the draft final report, submit 10 printed copies
of the draft final report for public hearing at Planning and Zoning
Commission meeting. Post draft final report on website to start
public comment period.
14.7 Revise draft final report, as needed, based on public comments
and input from Planning and Zoning Commission. Upon
concurrence by Planning and Zoning at the conclusion of the
public comment period, forward draft final plan to city council.
Coordination will be performed by the City.
14.8 The Consultant Team will provide support to city staff, in the
form of presentations, exhibits, and /or handouts for the Planning
& Zoning Commission and city council meetings.
DELIVERABLE: Draft, draft final and final versions of the Baytown
Mobility Plan.
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