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R2023-298 2023-12-11RESOLUTION NO. R2023-298 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal Agreement with the Houston-Galveston Area Council (HGAC) for development of a FM518 Corridor Study. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and HGAC, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with HGAC. PASSED, APPROVED and ADOPTED this the 11th day of December, A.D., 2023. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MCC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 2AF3692E-CA68-4B23-9B51-5BFF49546676 For H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Intergovernmental Agreement - Interlocal - City of Pearland - Transportation - ID: 11111 INTERLOCAL AGREEMENT REGIONAL STRATEGIC TRANSPORTATION FUND THIS INTERLOCAL AGREEMENT (“Agreement”), is made and entered by and between the Houston- Galveston Area Council, hereinafter referred to as H-GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and the City of Pearland, (the Local Government Authority) having its principal place of business at 3523 Liberty Drive. These entities are hereby defined as the Parties to this Agreement. WITNESSETH: WHEREAS, the Houston-Galveston Area Council (H-GAC) is a regional planning commission operating under Chapter 391 Texas Local Government Code; WHEREAS, H-GAC, in partnership with the Texas Department of Transportation (TxDOT) and other regional stakeholders, is planning to conduct a Corridor Study, a Mobility Study, or a Throughfare Plan, as detailed further in the attached Scope of Work document and included as Attachment A herein; WHEREAS, the Local Government Authority has agreed to participate in the study or plan as detailed in the attached Scope of Work document, WHEREAS, under the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, H-GAC and the Local Government Authority are authorized to enter into agreements to perform governmental functions and services, and under Texas Local Government Code § 391.005, H-GAC and the Local Government Authority are authorized to contract together for H-GAC to perform certain services for the Local Government Authority. NOW, THEREFORE, H-GAC and the Local Government Authority do hereby agree as follows: Article 1: Legal Authority Both Parties mutually agree that they each possess adequate legal authority to enter into this Agreement. The Local Government Authority warrants and represents that it is not in breach of any other contract, obligation or covenant that would affect the Local Government Authority’s ability to perform hereunder and, as a result of entering into this Agreement, will not breach any such contract, obligation, or covenant, Article 2: Applicable Laws H-GAC and the City of Pearland agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, ordinances, and laws in effect or promulgated during the term of this Agreement. DocuSign Envelope ID: 79D15497-6450-4DC4-ACB0-F55C5BAAA5E4 2 Article 3: Performance Period This Agreement shall be performed during the period which begins Nov 01 2023 and ends Oct 31 2025. All services and/or deliverables under this Agreement must be rendered within this performance period unless extended by mutual consent through a written amendment to this Agreement. Article 4: Whole Agreement This Interlocal Agreement and attachments, as provided herein, constitute the complete Agreement between the Parties hereto, and supersedes any and all oral and written agreements between the Parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the Parties. Article 5: Independent Parties The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Local Government Entity. No provision of this Agreement or act of H-GAC in performance of the Agreement shall be construed as making the Local Government Entity the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government, or vice versa. Article 6: Party Liability Each Party shall have no liability whatsoever for the actions of, or failure to act by, any employees, contractors, subcontractors, agents, representatives, or assigns of the other Party in connection with the Agreement, and the Parties covenants and agree, to the extent permitted by law, that each shall be solely responsible for, and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by its respective employees, contractors, subcontractors, agents, representatives, or assigns, in connection with the Agreement. Article 7: Scope of Services The work to be performed by the H-GAC and City of Pearland is detailed further in the Scope of Work, Attachment A, included herein with this Agreement. Article 8: Payment If applicable, the Local Partner agrees to provide a contribution of $60,000.00. This will be known as the "Total Local Match/Contribution." If applicable, a Local Contribution will be made to the Regional Strategic Transportation Fund in an amount equal to 50% of the Total Local Match/Contribution, and the Local Partner will provide documentation that 50% of the Total Local Match/Contribution in Local Partner freed up funds was committed to transportation activities within the jurisdiction. Additional details regarding the exact amount of the funding committed, if applicable, can be found in the attached Budget document to this Agreement. As per the Interlocal Cooperation Act, each Party paying for the performance of governmental functions or services must make those payments from current revenues available. Article 9: Retention of Records The City of Pearland and H-GAC shall maintain all records pertinent to this Agreement, and all other financial, programmatic, statistical, property, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final contract closeout. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. DocuSign Envelope ID: 79D15497-6450-4DC4-ACB0-F55C5BAAA5E4 3 Article 10: Audit Notwithstanding any other audit requirement, H-GAC and City of Pearland agree that expenditures of cumulative state or federal funds exceeding seven-hundred fifty thousand dollars ($750,000.00) in a fiscal year shall be subjected to audit in compliance with 2 CFR 200. Article 11: Amendments Any changes in the Agreement provisions or obligations of the parties hereto shall be enacted by written amendment and executed by both parties. Article 12: Termination Procedures The H-GAC and City of Pearland acknowledge that this Agreement may be terminated for Convenience or Default. A. Convenience Either Party may terminate this Agreement at any time, in whole or in part, with or without cause, whenever the Parties determines that for any reason such termination is in the best interest, and by providing written notice by certified mail to the other Party. Upon receipt of notice of termination, all services hereunder shall cease to the extent specified in the notice of termination. Either Party may cancel or terminate this Agreement upon submission of thirty (30) days written notice, presented to the other Party via certified mail. Neither Party may give notice of cancellation after it has received notice of default from the other Party. B. Default In the event of default, this Agreement may be terminated for the following scenarios: (1) lf the performing Party fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the performing Party fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances the performing Party does not cure such failure within a period of ten (10) business days (or such longer period of time as may be authorized and agreed upon by the Parties in writing) after receiving written notice by certified mail of default. Article 13: Severability The Parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Article 14: Force Majeure To the extent that either party to this Agreement shall be wholl y or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the performing party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended DocuSign Envelope ID: 79D15497-6450-4DC4-ACB0-F55C5BAAA5E4 4 until such disability to perform is removed. In the event of force majeure, the affected Party must provide the other Party written notice of force majeure and the estimated impact to performance of this Agreement. Article 15: Ownership of Material Except as may be specified in the Special Provisions (if applicable) and Scope of Work, all data, reports, research, etc., developed by the performing Party as a part of its work under this Agreement, shall be shared with the other Party upon completion of this Agreement, or in the event of termination or cancellation hereof. All such data and material shall be furnished by the performing Party at no charge and upon request and in the format specified. Article 16: Subcontracting If City of Pearland uses subcontractors, City of Pearland shall apply the terms and conditions indicated in this Agreement and the Scope of Work to any subcontracted work. City of Pearland shall at all times be responsible for the performance of its subcontractors. No term or agreement of City of Pearland agreement with any Subcontractor shall alter the terms and conditions of this Agreement. City of Pearland remain responsible for the work of its subcontractors. Article 17: Federal Compliance Local Government Entity agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Local Government Entity shall notify each potential subcontractor or supplier of the Local Government Entity's federal compliance obligations. These may include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1251), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). DocuSign Envelope ID: 79D15497-6450-4DC4-ACB0-F55C5BAAA5E4 5 Article 18: Texas Public Information Act The Parties expressly acknowledge that this Agreement is subject to the Texas Public Information Act, Tex. Gov’t Code. §§ 552.001 et seq., as amended (the “Act). Since both Parties are subject to the Act, each shall be entitled to release any and all information necessary to comply with Texas law without the prior written consent of the other. In the event a Party to this Agreement receives a written request for information pursuant to the Act that affects one rights, title to, or interest in any information or data or a part thereof under this Agreement, then the Party receiving the request shall promptly notify the other Party to this Agreement of such request. The Party receiving the request may, at its own option and expense, prepare comments and submit information directly to the Attorney General stating why the requested information is exempt from disclosure pursuant to the requirements of the Act. The Party receiving the request is solely responsible for submitting the memorandum brief and information to the Attorney General within the time period prescribed by the Act. The Party receiving the request solely responsible for seeking any declaratory or injunctive relief regarding the disclosure of information that it deems confidential or privileged. Article 19: Universal Identifier and System for Award Management (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406. The Local Government Authority understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant. Article 20: Procurement of Recovered Materials In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Local Government Authority must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 DocuSign Envelope ID: 79D15497-6450-4DC4-ACB0-F55C5BAAA5E4 6 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements. Article 21: Definitions Unless otherwise stated in this Agreement, words which have well-known technical, or industry meanings are used in accordance with such recognized meaning. Article 22: Choice of Law - Venue This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. Signatures This Agreement, in duplicate originals, has been executed by the Parties hereto as follows: City of Pearland Signature $docusign:SignHere::Customer1 Name Trent Epperson Title City Manager Date $docusign:DateSigned::Customer1 H-GAC Signature $docusign:SignHere::InternalSigner Name Chuck Wemple Title Executive Director Date $docusign:DateSigned::InternalSigner DocuSign Envelope ID: 79D15497-6450-4DC4-ACB0-F55C5BAAA5E4 12/12/2023 12/20/2023 Attachment A H-GAC and Sponsor Responsibilities for FM 518 Corridor Study H-GAC will lead the project and contract with a consultant team to complete the planning study. It is expressly understood and agreed that the City of Pearland has provided a local contribution of $60,000 to meet their financial obligations and that the City of Pearland shall reserve such funds to fulfill their obligation under this Agreement. The City of Pearland shall not be obligated to incur additional expense or reserve additional funding beyond the amount identified in the Interlocal Agreement (ILA). The local sponsor (City of Pearland) will provide information/data needed for the project, identify a contact to participate in project team meetings, and assist with the public involvement process. Upon completion of the study, the local sponsor will accept the plan and implement the recommendations. A breakdown of responsibilities for each task is listed below as a guide but is not limited to the list. It is expressly understood and agreed that the City of Pearland shall provide an annual update on the implementation status of the recommended project(s)/policy in FM 518 Corridor Study to H-GAC staff. H-GAC Sponsor Existing Conditions Data 1. Provide necessary resources and data needed to consultant team. 2. Provide input on methodology and external data. 1. Provide data/information on known road projects, planning studies, proposed developments, etc. as needed. Public Involvement 1. Develop and manage project website. 2. Promote project information and public involvement activities on all H-GAC communication platforms. 1. Provide list of potential Steering Committee members and Stakeholders. 2. Assist with distributing public meeting information. 3. Assist with identifying and securing meeting locations. Recommendations and Implementations 1. Review the identified recommendations and provide feedback. 2. Monitor recommendation implementation for program reporting 1. Review the identified recommendations and provide feedback. 2. Determine appropriate adoption or final incorporation by the Local Sponsor jurisdiction. 3. As per the Regional Strategic Transportation Fund (RSTF), 50% of the Local Match amount will be committed to the H-GAC’s RSTF and the remaining 50% retained by the Local Partner will be used toward transportation activities/projects within the project study area. DocuSign Envelope ID: 79D15497-6450-4DC4-ACB0-F55C5BAAA5E4 Final product 1. Work with Local Sponsor to determine how the final document will be approved/adopted. (i.e., City Council Presentation, Commissioners Court, or other). 2. Present the final product to Transportation Advisory Committee(TAC) and Transportation Policy Council (TPC). 1. Review and provide comments on the final draft document(s). 2. Local Sponsor will approve/adopt final study product by City Council, Commissioners Court, or other. DocuSign Envelope ID: 79D15497-6450-4DC4-ACB0-F55C5BAAA5E4 Certificate Of Completion Envelope Id: 79D1549764504DC4ACB0F55C5BAAA5E4 Status: Completed Subject: Intergovernmental Agreement - Interlocal - City of Pearland - Transportation - ID: 11111 Source Envelope: Document Pages: 8 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Houston-Galveston Area Council AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 3555 Timmons Lane, Suite 120 Houston, TX 77027 contracts@h-gac.com IP Address: 12.11.127.21 Record Tracking Status: Original 10/18/2023 9:21:44 AM Holder: Houston-Galveston Area Council contracts@h-gac.com Location: DocuSign Signer Events Signature Timestamp Trent Epperson tepperson@pearlandtx.gov Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 170.76.141.2 Sent: 10/18/2023 9:22:12 AM Resent: 10/30/2023 8:08:24 AM Resent: 11/7/2023 12:58:02 PM Resent: 11/27/2023 10:09:27 AM Viewed: 12/12/2023 4:47:24 PM Signed: 12/12/2023 4:47:38 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Charles Wemple charles.wemple@h-gac.com Executive Director Houston-Galveston Area Council Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 75.6.5.195 Signed using mobile Sent: 12/12/2023 4:47:39 PM Viewed: 12/19/2023 5:16:22 AM Signed: 12/20/2023 7:20:53 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp James Appel jappel@pearlandtx.gov Security Level: Email, Account Authentication (None) Sent: 10/18/2023 9:22:11 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/18/2023 9:22:11 AM Certified Delivered Security Checked 12/19/2023 5:16:22 AM Signing Complete Security Checked 12/20/2023 7:20:53 AM Completed Security Checked 12/20/2023 7:20:53 AM Payment Events Status Timestamps S p r i n g f i e l d A v eMykawaRdMcLeanRd E P l u m S tWoodyRdKnappRdHatfield RdP a t r i d g e D r McHar d R d S c o t t L n WagontrailWellsDrA m i e L n L ongwoodDrS a g e w illo wL n S a g e glenDr AstoriaBlvdKirkvilleDrBo g e y Way S a g e y orkDrSage a s p e n L nKirkfairDr SForkBlvdE l Fr a nco L ee Par k Go l fcres t Country Clu b Timber Cr eek Golf Cl ub P E A R L A N D FallingLeafDrWCastlewoodAveR u stic L n W e stfield R d Clov er Fi eld A i r po r t F R I E N D S W O O D LeisureLnMAINSTB R O A D W A Y S T BRO OKSID E RD MYKAWARDW O R A N G E S T P E A RLANDPKWYFIT E R D HATFIELDRDM C H A R D R D ODAYRDOLDALVINRDHUGHESRDH i c k o r y S lo u g h Marys Creek Clear Creek MAI NSTMAG N O L I A P K W Y VETERANSDRB A I L E Y R DHARKEYRD DIXIEFARMRDPE A R L A N D P K W Y C o wart Creek Diversion DIXIE F A R M R D YOSTBLVDTurkeyCreek B R OADWAY ST DIXIEFARMRDC o w a r t C re e k Marys Creek GALVESTONCOUNTYCity of Houston, HPB, Texas Parks & Wildlife, CONANP, Esri, HERE, Garmin, Foursquare, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA BUILDING City Hall City Hall Annex MAP PREPARED: NOVEMBER 2023 CREATED WITH WEB PRINT TOOL This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 0 0.4 0.8 mi 1 inch = 4,658 feet ¡FM518 Corridor Study CITY OF PEARLAND E Edgewater DrMcLean RdWalnut St. FM 518 Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 1 Pearland FM 518 Corridor Study Scope of Services INTRODUCTION The purpose of this project is to c onduct a corridor study on FM 518/Broadway Street from McLean Road to Edgewood Drive/FM 2351, including a detailed evaluation of converting Walnut Drive and Broadway Street/FM 518 from McLean Road to Barry Rose Road into a one-way pair. The 18-month study will develop and analyze alternatives for both the corridor and one -way pair (including a right- of-way impacts). Major project objectives include improvements to safety, access management, multi-modal mobility, congestion, and air quality. The study will be conducted in coordination with the Houston-Galveston Area Council (H- GAC) and the City of Pearland. A robust public outreach program will receive feedback from Pearland and Friendswood residents and key stakeholders. Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 2 TASK 1 - PROJECT MANAGEMENT AND COORDINATION The Alliance Transportation Group (ATG) team will perform the following work to include management of all project activities and work. Task 1.1. Project Management Plan Upon project initiation, the ATG Project Manager will prepare a Project Management Plan (PMP) describing the overall approach and methodology to complete the Corridor Study. This includes identifying work organization, responsibilities, coordination / communication procedures, schedule, document, and graphic formatting protocols, filing protocols, and quality assurance and quality control procedures. Task 1.2. Project Administration The ATG Project Manager will c onduct project administration activities as detailed within the PMP. This includes the preparation of monthly invoices, progress reports, and updated project schedules (Gantt Chart) submitted to H-GAC’s Project Manager monthly. Monthly progress reports will inc lude a summary of: • Activities, ongoing or completed, during the reporting period. • Activities planned for the following month. • Problems encountered and remedial actions taken. • Project status report detailing milestones completed and a tabulation of percent complete by task. Monthly progress reports are required regardless of whether the Consultant submits an invoice for that month. Invoices for the same period will accompany monthly progress reports for work performed b y the Consultant and subconsultants. The ATG Project Manager will coordinate bi-weekly project update meetings (in person or via conference call) with H-GAC to discuss outstanding issues and necessary preparations for upcoming events and activities. Task 1.3. Sub-Contractor Management ATG will prepare and execute contracts for all subcontractors for this study. The ATG Project Manager will monitor subcontractor staff activities and ensure subcontractor adherence to schedules, as well as review and recommend approval of subcontractor invoices. Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 3 Task 1.4 – Quality Assurance / Quality Control The Consultant will provide continuous quality assurance and quality control throughout the life of the study. The Consultant will have a qualified team member review all deliverables before submittal to H-GAC. All documents and presentations must be reviewed and approved by H-GAC prior to distribution. All documents submitted to H-GAC for review must be in an editable format (i.e., Word, Excel, Power Point, GIS, etc.). Task 1.5 - Service Fee Retainage H-GAC will withhold the final seven percent (7%) of the contract amount pending completion of all deliverables as specified in Task 6. The amount of retainage shall not exceed forty-two thousand dollars ($42,000). Task 1 Deliverables 1. Project Management Plan (PMP) within 30 days of Notice to Proceed 2. Monthly invoices by 10th of each month 3. Monthly progress reports to H-GAC project manager by 10th of each month with supporting documentation. 4. Project schedule (Gantt Chart) updated monthly as needed 5. Copy of Sub-contractor contracts within 30 days of execution TASK 2 – PUBLIC OUTREACH The ATG Team will develop an ongoing Public Participation Plan (PPP) and will execute the plan following outreach activities in coordination with H-GAC and City of Pearland staff. Public involvement is an important component of this plan and encourage innovative approaches that best meet the needs of the community for which this planning effort serves. H-GAC staff will develop the study’s marketing strategy and take the lead on all marketing activities as defined below. The Consultant will lead on the ground outreach and assist in executing marketing outreach activities by executing outreach activities and recommen ding the appropriate number and types of meetings to successfully carry out a thorough public outreach program throughout the duration of the study. H-GAC Communications will: • Write and implement the H-GAC marketing strategy for external communications and Participation, including time review guidance. • Develop and post notices for Public Meetings. Notices can include: o Legal notices o Newspaper advertisements Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 4 o Social media posts o Fliers (e.g., Digital and print) o Community calendars • Invite public meeting attendees via direct notice such as H -GAC Board members or other H-GAC partners, elected officials, and other area representatives within the assigned study area. • Update project-specific website (i.e., HQ Engagement) throughout the study effort, in partnership with H-GAC Transportation. • Managing media inquiries and relations • Develop complimentary marketing and promotional material. This can include: o Fliers o Handouts o Social media graphics o Email templates to send direct invites. • Proof and edit all external facing messaging • Provide support to project team in hosting a successful public meeting, where needed • Ensure external facing material meets language and accessibility requirements • Provide photos, graphics, and other elements to guide the structure and layout of final report/deliverables. • Provide support for translation services where needed. H-GAC Transportation will: • Open and provide welcome at all scheduled Participation events and meetings. Provide closing and next steps at all scheduled Participation events and meetings. • Act as primary facilitator between H-GAC Communication and the consultant • Assist with Steering and Stakeholder Committees coordination in partnership with the local sponsor and Contractor. • Assist H-GAC Communications with minor project website updates • Assist with steering, stakeholder, and public meetings. • Duplicate all documents for each meeting, as required Consultant will: • Develop a Public Participation Plan (PPP) incorporating H-GAC marketing strategy where appropriate • Finalize the steering and stakeholder committees • Work with local sponsors to secure facilities for all meetings Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 5 • Recommended number and type of meetings needed to successfully develop a mobility plan.  • Provide a team with effective communication skills that can coordinate needed meetings via email, phone, and flyer distribution.  • Provide a team member with effective communication and presentation skills to engage a wide variety of audiences and facilitate meetings • Prepare meeting agendas, presentations, meeting materials, sign -in sheets, displays, handouts, comment cards, surveys, and meeting summaries • Develop content for project website. • Provide appropriate staffing for translation services in partnership with H -GAC Communications where services may not be readily accessible (i.e., American Sign language, etc.). • The Contractor will provide meeting materials to H-GAC at an established interval prior to all public meetings. H-GAC will review and approve all materials 1 week prior to meetings. H-GAC will print handout materials for all meetings. • Create report design and look that best reflect the commun ity, in partnership with H-GAC Communications photos, graphics, etc. 2.1. Public Participation Plan The ATG Team will develop and execute the Public Participation Plan (PPP). A PPP will be prepared within 45 days of contract execution, and updated at 30, 60 and 90% complete milestones during project development. The PPP will provide a roadmap for all public participation related to the project and will be dynamic in nature to allow for changes in strategies to best meet the needs of the H -GAC and the project over time. The PPP will address the following items: • Goals and objectives • Internal team roles and responsibilities • Key audiences • Public outreach methods o Key messaging development o Public outreach materials development o Website content development o Stakeholder database development and management o Public notice development and distribution o Steering Committee meetings o Public meetings • Public/stakeholder comment management Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 6 • Internal quality assurance/quality control (QA/QC) procedures • Public outreach implementation timeline 2.2. Steering Committee Establishment and Facilitation In coordination with H-GAC, and the City of Pearland, the ATG team will establish a Steering Committee for the project. The Steering Committee will be composed of non -elected representatives from the City of Pearland, Texas Department of Transportation (TxDOT ), Brazoria County and H-GAC and should address partnership post-study towards plan implementation. Upon establishment, the ATG team will support the Steering Committee with planning, materials development, and facilitation services, including: • Working with the City of Pearland and H-GAC to secure facilities for all meetings • Developing and distributing meeting invitations to Steering Committee members • Providing necessary equipment to support each meeting (e.g., projector, projector screen, audio equipment, microphones, etc.) • Developing materials to support each meeting (e.g., agendas, sign -in sheets, presentations, handouts, displays, comment cards, surveys, etc.) • Providing staff for presentation, meeting setup, facilitation, and teardown The ATG team will support up to seven (7) Steering Committee meetings for the project. One of these meetings will consist of a Data Analysis workshop to discuss the study, analysis tools, and project challenges, and provide a better understanding of the study format, process, and outcomes. These meetings may be in-person, virtual or hybrid using Microsoft Teams, Zoom, or Google Meet software. 2.3. Stakeholder Engagement In coordination with the H-GAC, and the City of Pearland, the ATG team will establish a Stakeholder Group for the project. The ATG team will coordinate with individual members of the stakeholder group in small focus groups at key intervals throughout the course of the study. The Stakeholder Group will be comprised elected officials, and non-governmental representatives such as First Responders, Religious Leaders, Chamber of Commerce/Business Groups, Citizen Groups, and members of the Hike and Bike Community. These meetings may be in-person, virtual or hybrid using Microsoft Teams, Zoom, or Google Meet software. Upon establishment of the group, the ATG team will support engaging stakeholders by: • Working with the City of Pearland and H-GAC to secure facilities for all meetings • Developing and distributing meeting invitations to Stakeholder Group Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 7 • Providing materials to support the meeting s • Providing staff for presentation, meeting set up, facilitation and tear down The ATG team will support up to eight (8) Stakeholder Group meetings for the project and produce one (1) meeting summary detailing outcomes/finding of the meeting and next steps for each Stakeholder Group meeting . 2.4 Public Engagement Events Where available, and in lieu of planning and executing traditional public meetings for the project, the ATG team will identify opportunities for the project team to participate in already scheduled community events such as public meetings being held for other projects in the project area, city council briefings, community association meetings, community festivals, and others as identified. Some of these meeting may be held in combination with the Pearland Mobility Study outreach activities. Should these opportunities not be available, traditional public meetings will be considered. The ATG team will support up to three (3) of these public outreach events by: • Identifying appropriate public outreach event opportunities in coordinati on with H- GAC • Distributing meeting announcements (as necessary) • Producing public outreach materials to support each event (e.g., agendas, sign -in sheets, presentations, handouts, displays, comment cards, surveys, etc.) • Providing necessary equipment (e.g., projector, projector screen, audio equipment, microphones, etc.) • Providing staff for meeting setup, facilitation, and teardown. It is assumed that no public event will require the ATG team to secure a facility or security services. 2.5. Meeting Material Development The ATG team will develop key messaging that will serve as the foundation for the creation of all public outreach materials to support public, steering, and stakeholder communication. The ATG team will update key messaging throughout the duration of the project, as necessary. Following approval of key messaging, the ATG team will utilize these key messages to develop public participation materials, including project handouts/factsheets, frequently asked questions, talking points, informational graphics, displays, presentations, surveys, etc.). Public participation materials will be developed to accommodate Limited English proficiency (LEP) communities surrounding the project area. Outreach handout Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 8 materials will be printed/produced by H-GAC on an as-needed basis, and it is anticipated that public display boards will be printed/produced by ATG. Participation materials will require updates as the project progresses. Outreach materials will not be distributed without written authorization from H-GAC. 2.6 Formal Presentations The ATG team will provide materials for and present at up to two (2) City of Pearland City Council meetings, as needed. 2.7. Project Website Content Website to be hosted by H-GAC. Content to be provided by ATG and would include the following information: • Stylized project maps • Links to Interactive maps • Survey, or link to survey • Informational project materials • Background information (expressing the need and context for the project) • Content and/or link for Informational Dashboard • Frequently asked questions • Calendar/announcements of meetings and special events • Electronic comment form • Request to be included in regular, email updates Task 2 Deliverables: 1. Public Participation Plan (PPP) within 45 days of contract execution. 2. Meeting summary including: handouts, exhibits/display boards, sign-in sheets, and presentation for all meetings within 10-days. 3. Survey tool and results. 4. Content for website 5. Interactive map for collecting input. 6. Interactive map for presenting project recommendations and gathering comments. 7. TxDOT meeting exhibits forms updated monthly as needed. TASK 3 - DATA COLLECTION Collect data necessary to evaluate existing and future conditions. (Note: Some data such as crash record information, land use, demographic, aerial photography, etc. may be available from H-GAC and/or the City of Pearland will be provided.) Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 9 3.1. Existing Plan Review To align the project recommendations with previous planning efforts, the ATG Team will review and summarize available Plans and relevant recommendations pertinent to the project study area, including, not limited to: • Pearland 20/20 Community Strategic Plan • Pearland Comprehensive Plan (Adopted 2015) and 2023 Update (ongoing) Pearland 2040 • Pearland Multi-modal Plan (2021) • Pearland Trail Master Plan (2020) • Pearland Capital Improvement Program (2023-2027) • H-GAC 2045 Regional Transportation Plan • H-GAC 2023-2026 Transportation Improvement Program • H-GAC Pearland Transit Study (ongoing) • Broadway Street Corridor Development Plan (SH 288 to SH 35) • TxDOT Schematics for FM 518 (288 to Walnut Split) • Other applicable plans as identified by the Steering Committee. Task 3.2. Desktop Data Inventory Data inputs for the study will come from a variety of sources, including the City of Pearland, H-GAC, and publicly available datasets maintained by TxDOT, the US Bureau of the Census and other state and federal agencies. This will include but will not be limited to the following: • Demographic data for the study area • Zoning, existing, and future land use, economic development information including major employers, planned and proposed development within the corridor. • Environmental features, including water features, flood zones, brownfields, underground storage tanks, etc. • National Register of Historic Places (NRHP) Districts, Sites, or Structures; local historic districts • Transportation System Data: o Lane number, configuration, posted speed limits. o Existing functional classification and major thoroughfare plan o Pavement and ROW widths to be provided by the City of Pearland. If not available, assumed ROW and pavement widths will be identified from aerial photography. o Sidewalk and bicycle facilities, ADA accessible infrastructure o Railroad crossings delays and frequency of rail use Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 10 o Airports and other intermodal facilities, o School bus routes and schedules o Existing and proposed bicycle and pedestrian facilities. o Traffic Signal Inventories/Timing Plans for Signalized Intersections from City of Pearland o As-Built Plans for Signalized Intersections from City of Pearland o Utility Information • Crash data from the TxDOT Crash Record Information System (CRIS), the H-GAC Regional Crash Data Lab Dashboard, and the Pearland Police Department Geospatial Data will be compiled in an ArcGIS geodatabase for use by H-GAC for hosting on their online dashboard. Task 3.3. Field Data Collection and Traffic Counts • Verification of land use and environmental setting • FM 518/Walnut Road Inventory - location of existing driveways, sidewalks, lane configuration • Up to 26 (twenty-six) intersection turning movement counts during the AM and PM peaks, and up to 10 (ten) 24 -hour counts. Traffic counts will include classification of passenger vehicles, trucks, buses, pedestrians, and bicycles. • Sight distance deficiency observations. Task 3.4. Existing Traffic Volumes Utilize traffic count data to prepare volume diagrams depicting existing 24 -hour link and intersection traffic volumes for the study corridor for use in conveying conditions in the corridor to stakeholders and to serve as the base for development of traffic forecast. Task 3 Deliverables 1. Existing Plan Review including summary of relevant recommendations and next steps for study incorporation. 2. Data Collection Summary 4 - EXISTING CONDITIONS EVALUATION Task 4.1. Prepare Existing Conditions Factbook Using ESRI ArcGIS Pro and Adobe InDesign, the ATG Team will prepare a highly graphical existing conditions fact book for the corridor using a combination of maps, infographics, tables, figures and narrative to showcase study area conditions. The factbook will include a Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 11 user-friendly demographic profile of the area, will illustrate identified needs and issues within the study area. An appendix to the fact book will provide metadata and data dictionary components. Task 4.2 Identify Access Management Issues and Needs Using the inputs from the existing conditions analysis, safety, and traffic analysis, as well as stakeholder and public input, the ATG Team will identify and characterize access management issues and needs on the corridor. This will include a chart or table of applicable intersections, driveways, and median openings. The ATG team will identify and summarize access management ordinances, practices, and policies relevant to the corridor to identify potential implementation strategies, or absences where applicable . Task 4.3 Multimodal Corridor Evaluation A multimodal corridor assessment will include an assessment of sidewalk gaps, pedestrian crossing needs, evaluation of bicycle and future transit needs. Task 4.4. Existing Condition Traffic Analysis To determine the existing traffic condition and establish a baseline of associated congestion, the ATG team will perform a traffic analysis. VISSIM microsimulation models will be developed for the AM and PM peak periods under the existing conditions. The existing model will be calibrated based on industry standards to accurately replicate existing traffic conditions. Task 4.5. Existing Condition Safety Analysis The ATG team will conduct a Safety Analysis, using crash data from TxDOT’s Crash Record Information System (CRIS) data for a 5 -year period along the corridor. The ATG team, working with the Pearland and Friendswood Police Department s will request officer crash narratives and diagrams, for those crashes that included serious injuries and/or fatalities . Intersection crash data summary tables and figures (crash severity, first harmful event, manner of collision, weather condition, and lighting condition). Detailed crash diagrams will not be developed. A field review will be conducted to observe safety/mobility issues, and summary documentation of field observations and photos will be provided. Task 4 Deliverables 1. Existing conditions factbook (highly graphical) 2. Summary of Origin-Destination analysis 3. Summary and graphic of identified issues and needs in the study area, including Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 12 access management issues, socio-economic, multi-modal, and safety analyses. TASK 5 - ALTERNATIVES EVALUATION Using the collected data, the mobility needs and issues in the FM 518 corridor will be identified and the alternatives for improving mobility in a manner that aligns with regional goals will be evaluated at a conceptual level. Task 5.1. Identification of Vision, Goals, Objectives Building on the input received from stakeholders and community engagement and issues identified in the existing conditions evaluation, establish goals and objectives for the study. These may include safety, infrastructure condition, walkability, congestion reduction, travel time reliability, freight movement, transit access, economic vitality, and environmental sustainability. Task 5.2 . Establish targets for identified goals and objectives. Develop framework for comparison of project outcomes. This may include: • Safety – reduce crash rates for all transportation modes (cars, trucks, pedestrians, and bicyclists along FM 518) • Travel Time Reliability – make travel more reliable for cars and trucks • Air Quality – improve air quality by identifying CMAQ-eligible projects • Pavement and Bridges – confirm and maintain the quality of pavement and bridges, which in turn addresses safety and general mobility • Congestion – quantifiably measure the peak period excessive delay and identify measures to improve general operations within the sub -region. • Other performance metrics as identified through the existing conditions and public engagement processes. Task 5.3 . Conceptual Alternative Development and Evaluation Develop up to four alternatives (excluding no-build which will be included as a baseline) and evaluate the performance of each according to the anticipated outcomes for each factor identified. Alternatives will consider inclusion of the following components or concepts: • One-way pair from Cunningham Drive to Barry Rose Rd. (1.5 mi) • Multimodal considerations such as improvements to bike and walk facilities, and future transit improvements • Grade separation of UP railroad • Traffic Signal Modifications (timings, coordination, and emergency preemption) and alternative intersection designs such as round-abouts. • Access control modifications (driveway consolidation, closures, or relocations) and Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 13 median design. Task 5.4 . Socio-economic and Multimodal Corridor Evaluation A multimodal corridor assessment will identify alternatives to balance safety and mobility for all users. The evaluation of alternatives will include analyses for equity, examining the study area for communities that meet the definition of transportation disadvantaged; resiliency, to determine whether critical assets are exposed to hazards; and identification of opportunities to support ongoing local economic development initiatives in the area, improve environmental quality and enhance the sense of place through streetscaping. Cross sections, projects, programs, and policies to maximize performance, improve the transportation network and supp ort land use consistency to enhance mobility will be developed. Recommendations for future updates to future land use and development, zoning, sign regulation, parking management, and other long-range policy needs to address community interests identified throughout the process will be included during the development and analysis of alternatives. Task 5.5. Traffic Demand Modeling and Traffic Forecasting Develop traffic volumes f or the FM 518 corridor to support the design and analysis of the facility. The traffic forecast shall be based upon traffic forecast produced with the current H - GAC model that reflects the roadway and transit projects included in the current MTP. The forecast scenario shall be based on the H-GAC model demographics assumptions about future growth. H-GAC will apply their Travel Demand model (TDM) and provide roadway level forecast, for a no-build and build alternatives, to the team based upon model networks updated by ATG. The Team shall develop detailed traffic projections for the significant roadway segments and cross streets within the study corridor for no-build and up to four build alternatives. ATG will reference the TDM forecast to develop the more detailed traffic forecasts required for the operational analysis. The detailed forecasts shall provide the ability to undertake planning and design of the proposed corridor . These projections shall include graphic repr esentations of the anticipated daily movements along the corridor(s). Traffic projections for the opening - year, and design-year for the study corridor for no-build and build configurations shall be developed. Task 5.6 Future Traffic Analysis The ATG team will perform an analysis using VISSIM of the future design year no -build traffic conditions. The future year no-build traffic conditions are those which will be present in the Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 14 future design year without any changes to the proposed roadway netw ork. These results will be used as a baseline for comparison of the various design alternatives to measure the expected level of congestion relief. To determine the future traffic condition and associated congestion, the ATG team will perform a traffic analysis using VISSIM to evaluate the measures of effectiveness (MOEs) associated with various improvements. This includes mitigation strategies such as one-way pairs, access management, intersection improvements, and enhancements, and ped/bike amenities that add to the city of Pearland Trail Master Plan. The MOEs which will be evaluated from the VISSIM model will include the travel times within the project limits (EB and WB) and the amount of delay at each of the signalized intersections and any key unsignalized intersections within the project limits. The ATG team will develop AM & PM Peak VISSIM traffic models for up to four (4) design alternatives. Task 5.7. Safety Analysis The ATG Team will determine safety countermeasures and generate an issues improvement matrix. Safety improvements will be incorporated into a preferred alignment and a benefit - cost analysis will be performed of the identified safety improvements. Task 5.8 Cost Estimate and Implementation Recommendations Viable conceptual alternatives (at least two, but no more than four) will be conceptually overlain on aerial photography in ArcGIS Pro to establish conceptual ROW needs. The ATG Team will identify and prepare a project evaluation and prioritization matrix to establish four ranges of reasonable improvements within the study area that can be implemented as quick wins [0- 2 year], short-term (0-5) timeframe, an intermediate [6- 10 years] timeframe, and a long-term [10+ years] timeframe. The principal difference is whether the proposed solution is entirely within the existing right -of-way such as median closures or involves negotiation with adjacent landowners such as adding turn lanes or driveway reconfigurations (access management), cost considerations, and roadway capacity additions or influencing land use changes. ATG will work closely with the Pearland Mobility Plan team, being led by Kimley-Horn. The ATG Team will perform a financial analysi s including order of magnitude cost estimate (planning level detail) for quick-wins, short-, intermediate- and long-term recommendations and prepare charts or tables summarizing the information . The ATG Team will prepare a corridor development implementation strategy, including potential sources of funding , Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 15 benefits of improvements and potential policy recommendations such as corridor overlay zone. Task 5 Deliverables 1. Vision, goals and performance measures 2. VISSIM Output Summary 3. Traffic analysis summary 4. Safety analysis summary 5. Benefit summary 6. Alternative Analysis Technical Memorandum based on performance measures with documentation on why each alternative was chosen or eliminated. TASK 6 - DRAFT AND FINAL REPORT DELIVERY ATG will prepare a highly visual report in Adobe InDesign that communicates, using plain, easily understood language that reflects the development of the study and the conclusions. The study will recommend quick wins (0-2 years), short-(0-5 years), intermediate-(6-10 years) and long-(10+ years) range recommendations. The report will be provided in digital format (Microsoft Word) as a DRAFT to H-GAC staff to review prior to public distribution. The report will be provided in digital format (Microsoft Word) as a DRAFT for Steering committee review and comment. Comments will be addressed and a final “print ready” report will be prepared in digital format Adobe InDesign. Task 6 - Deliverables 1. Standalone Executive Summary - An executive summary of the final plan that captures the major concepts and recommendations of the plan 2. Draft and Final Report that includes: a. Planning level cross sections b. Conceptual layouts (development of alternatives) and corridor development plan (including ROW impacts) for FM 518. c. Appendices i. Meeting summaries ii. Public outreach activity summary and public comments iii. All data collected iv. All analysis summaries v. Etc. 3. Project/Implementation Workbook for the City of Pearland 4. Mapped recommendations (GIS) for all projects including programs and Pearland FM 518 Corridor Study FINAL Scope of Services 10/30/2023 Page 16 policies 5. Program tracker that includes projects, procedures, and policies as well as recommendation costs. 6. Online Interactive Project Map 7. Two bound hardcopy of Executive Summary, Final Report (excluding appendices) and project/implementation workbook for the City of Pearland and H-GAC. 8. Flash Drive containing all data, GIS files, photographs, graphics, and electronic copies of the final report, project/implementation workbook, executive summary, and appendices in editable format and final pdf format. Note: Final decision on project deliverables and content will remain with H-GAC. All deliverables will be created in Microsoft Word or Adobe InDesign, except for the Appendices. All final documents will be in printable pdf format.