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R2023-299 2023-12-11RESOLUTION NO. R2023-299 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 Pearland Mobility 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: 11179 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: EE5CF4AC-609A-4747-882D-17BCF53D9E46 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 $50,000.00. 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: EE5CF4AC-609A-4747-882D-17BCF53D9E46 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: EE5CF4AC-609A-4747-882D-17BCF53D9E46 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: EE5CF4AC-609A-4747-882D-17BCF53D9E46 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: EE5CF4AC-609A-4747-882D-17BCF53D9E46 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: EE5CF4AC-609A-4747-882D-17BCF53D9E46 12/12/2023 12/20/2023 Attachment A H-GAC and Sponsor Responsibilities for the Pearland Mobility 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 $50,000 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 Pearland Mobility 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: EE5CF4AC-609A-4747-882D-17BCF53D9E46 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: EE5CF4AC-609A-4747-882D-17BCF53D9E46 Certificate Of Completion Envelope Id: EE5CF4AC609A4747882D17BCF53D9E46 Status: Completed Subject: Intergovernmental Agreement - Interlocal - City of Pearland - Transportation - ID: 11179 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 10/16/2023 8:32:13 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: 10/16/2023 8:32:55 AM Resent: 10/30/2023 8:08:26 AM Resent: 11/7/2023 12:58:05 PM Resent: 11/27/2023 10:08:53 AM Viewed: 12/12/2023 4:46:43 PM Signed: 12/12/2023 4:47:14 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 4:47:16 PM Viewed: 12/20/2023 7:36:25 AM Signed: 12/20/2023 7:36:36 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: 10/16/2023 8:32:55 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 10/16/2023 8:32:55 AM Certified Delivered Security Checked 12/20/2023 7:36:25 AM Signing Complete Security Checked 12/20/2023 7:36:36 AM Completed Security Checked 12/20/2023 7:36:36 AM Payment Events Status Timestamps S outhw y c k Golf Course Pearland GC at Countr y Place William Ho bb y A ir por t 45 P E A R L A N D F R I E N D S W O O D City of Houston, HPB, Texas Parks & Wildlife, CONANP, Esri, HERE, Garmin, Foursquare, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA Major Thoroughfares - Sufficient Width Major Thoroughfares - To Be Widened Major Thoroughfares - To Be Acquired Major Thoroughfares - Proposed Frontage Road 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 0.85 1.7 mi 1 inch = 9,317 feet ¡Pearland Thoroughfare Plan CITY OF PEARLAND H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 1 August 16, 2023 EXHIBIT A Pearland Mobility Study Scope of Services Project Background The Pearland Mobility Study is a holistic analysis of the City’s transportation network. The Study will investigate safety, connectivity, network efficiency, and integration of multimodal facilities. It will incorporate public engagement to better understand where existing congestion and safety issues are and where improvements should be prioritized. It will determine existing and future needs based on existing conditions analysis, the recent update to the Future Land Use Plan and potential buildout scenarios. The Study will result in a Mobility Plan that includes an action plan, traffic management plan and updates to the Pearland Thoroughfare Plan. The Mobility Plan will also include a list of quick wins (0-2 Years), short (0-5 years), intermediate (6-10 years) and long-term (10+ years) project recommendations. The study area is shown below; it should be noted that FM 518 from Walnut Street to the east is being examined under a separate H-GAC contract. Kimley-Horn will coordinate with this study and incorporate relevant recommendations. Study Area Goals, priorities, and recommendations from Pearland’s existing plans and studies will be incorporated. This includes the City Council Strategic Priorities, the Comprehensive Plan, Thoroughfare Plan, Multimodal Plan, Parks and Recreation Master Plan , and Pearland Prosperity. H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 2 August 16, 2023 The Study will consist of six tasks: 1. Project Management 2. Discovery and Needs Assessment 3. Community Vision 4. Mobility Strategies 5. Program Development 6. Mobility Plan Task 1 – Project Management 1.1 Project Work Plan The Consultant will prepare a Project Management Plan (PMP) to identify work organization, responsibilities, and coordination/communication procedures. The PMP will include a project schedule (Gantt Chart) which is a graphic schedule identifying the duration and/or tentative dates for all tasks, meetings, deliverables in this scope of work, as well as any other information deemed relevant by the Consultant, H–GAC, or the Steering Committee. The PMP will be completed no later than thirty (30) days after contract execution. 1.2 Progress Reports and Invoices The Consultant will prepare monthly invoices and monthly progress reports for review by H – GAC’s Project Manager by the 10th of each month. 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 by the Consultant and subconsultants. Monthly progress reports will include a summary of: • Activities, ongoing or completed, during th e 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. The Consultant will hold monthly meetings (in person or virtual) with the Client Project Manager and key staff to review progress and next steps. 1.3 Sub-Consultant Management and Meetings The Consultant will prepare and execute contracts for all sub -consultant(s) for this project. The Consultant will monitor sub-consultant staff activities and ensure sub- consultant adherence to schedules, as well as review and recommend approval of sub -consultant invoices. 1.4 Quality Assurance / Quality Control The Consultant will provide continuous quality assurance and quality control throughout the life of the study and will provide H–GAC staff with periodic opportunities to perform their contract monitoring duties. The Consultant will have a qualified team me mber review all deliverables H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 3 August 16, 2023 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.). The final decision on project deliverables and content will remain with H-GAC. 1.5 Service Fee Retainage H-GAC will withhold the final ten percent (10%) of the contract amount pending completion of all deliverables as specified in Task 6. The amount of retainage shall not exceed forty-two thousand five hundred dollars ($42,500.00). Task 1 Deliverables: • Project Management Plan (PMP) within 30 days of executed contract, updated as needed. • Project schedule (Gantt Chart) updated monthly as needed. • Monthly invoices and progress reports, by the 10th of each month. The invoice will include all items identified in Section 1.2. One electronic copy of the invoice and progress report with documentation attached. • Progress report sent to H-GAC project manager by the 10th of each month. • Sub-consultant contracts (one electronic copy of each) within 30 days of contract e xecution Task 2 - Discovery and Needs Assessment 2.1 Data Collection Once data needs and sources are identified, the H–GAC and the Consultant will contact the appropriate agencies and organizations to obtain the data. Where data is not available, the Consultant will not be responsible for creating data from scratch. Some of the data to be collected may include, but are not limited to: ▪ H-GAC, TxDOT, Brazoria and Harris Counties, and/or the City of Pearland will provide the Consultant with the following data: • Most recently adopted Thoroughfare Plans as well as neighboring Counties and Cities • 2045 Regional Transportation Plan and other relevant H-GAC studies (i.e., Pearland Transit Study, Brazoria County Thoroughfare Plan, etc.) • Land Use Maps • Demographic projections and major trip generators • H-GAC Travel Demand Model Forecast Network for existing year and 2045. • On-Road Bicycle Network (existing and planned) • Off-Road Bicycle Network (existing and planned) • Crash Data (TxDOT Crash Records Information System) – Severe and Fatal Crash Records from the most recent 3 years of consecutive data. • H-GAC Natural Hazards Maps (Flood Prone Areas, Infrastructure in Floodplains) • Relevant GIS base mapping layers, such as local roads, environmental features, and boundary data H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 4 August 16, 2023 • Any other relevant plans to include evacuation routes, bicycle and pedestrian plans, and overall mobility studies. • Historical traffic data information • 2023 H-GAC traffic counts (volume, turning movement, classification, speed) • TxDOT 2022 traffic counts (volume, turning movement, classification, speed) • INRIX, Replica and CRIS data • Consultant will collect additional data to include turning movement, 24-hour volume and vehicle classification counts up to the amount shown in the attached Form 60 • H-GAC and the Consultant will request all proposed TxDOT project information the Houston District. 2.2 Existing Conditions Review The Consultant will use the City’s existing GIS roadway data, in combination with aerial review, to verify existing conditions. After the baseline conditions are documented, the Consultant will spend one day in Pearland to verify the aerial review. The Consultant will update the City’s GIS data based on the field review and deliver a GIS-based database file documenting existing conditions. This information will include existing number of lanes, median presence, sidewalk presence, drainage type, and bicycle and pedestrian facility presence. Corridors will be documented by segment and will report the existing conditions for the majority of the segment. 2.3 Review of Documents and Plans The Consultant will review documents and plans that will serve as a reference throughout the project. It is anticipated this information will be synthesized into several pages of “past plans” and incorporated into the final document, including the list of plans identified in the Project Understanding. 2.4 Policy Review The Consultant will synthesize the current mobility related policies and ordinances provided by the City into a one-stop review matrix. This task is intended to identify each policy as keep, revise, or remove in a policy diagnostic. New policies will be identified, and edits will be completed at a later phase as engagement and analysis continues. 2.5 Inventory Maps The Consultant will prepare an inventory map of existing roadways, sidewalks, trans it, and bicycle infrastructure for roadways identified on the thoroughfare plan, as well as points of interest such as parks and schools. It is assumed that the Consultant will utilize base data sets from the Comprehensive Plan and Thoroughfare Plan and will fill in the missing gaps with the assistance of aerials and field verifications from Task 2.2. 2.6 Regional Alignment & Concurrent Efforts The Client will provide available data from the region , including adjoining city and county thoroughfare plans and other relevant ongoing or planned regional roadway projects. The H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 5 August 16, 2023 Consultant will identify potential conflicts between existing Pearland planned projects, the existing thoroughfare plan alignments and classifications, and other agency plans. The results of this exercise will be presented at relevant Stakeholder and Steering Committee meetings. The Consultant will coordinate with other City consultants on concurrent planning efforts anticipated during the Mobility Study, including the H-GAC Pearland FM 518 Corridor Study. Task 2 Deliverables: • Data Request List • Traffic Volume Count Data Summary • Crash Data Summary • Existing Conditions Inventory GIS Database • Past Plans Summary • Policy Diagnostic summary • Existing Conditions Maps • Regional Projects Map Task 3 – Community Vision As part of the tasks outlined below, the Consultant and H -GAC will work with the Steering Committee and Client to develop a Vision Statement for the project as well as a set of measurable Project Goals. 3.1 Public Participation Plan (PPP) The Consultant will draft the Public Participation Plan (PPP) with review and input by H - GAC staff. H-GAC staff will develop the study’s marketing strategy. 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 will take the lead on all marking activities as defined below. The Consultant will lead on the ground outreach and assist in executing marketing outreach activities by executing outreach activities and recommending 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 Team will: • Write and implement the H-GAC marketing strategy for external communications and outreach, including time review guidance . • Develop and post notices for Public Meetings. Notice can include: o Legal notices o Newspaper advertisements o Social media posts H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 6 August 16, 2023 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., EngagementHQ) throughout the duration of 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 assist with and guide the structure and layout of final report/deliverables. • Provide support for translation services, when needed. H- GAC Transportation will: • 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 Consultant. • Assist H-GAC Communications with minor project website updates. • Assist with steering, stakeholder, and public meetings. • Duplicate all handout documents for each meeting, as required. Consultant will: • Develop a Public Participation Plan, incorporating H-GAC marketing strategy where appropriate. • Assist H-GAC in finalizing the steering and stakeholder committees. • Assist H-GAC and local sponsor to secure facilities for all meetings. • Recommend number and type of meetings needed to successfully develop a corridor study. • Provide a team with effective communication skills that can coordinate needed meetings via, but not limited to, email, phone, and flyer distribution . H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 7 August 16, 2023 • Provide a team member with effective communication and presentation skills to engage a wide variety of audiences and facilitate meetings. • Prepare meeting agenda, presentations meeting materials, sign -in sheets, displays, handouts, comment cards, surveys, and meeting summaries. • Develop content for project website. • Assist H-GAC in providing appropriate staffing for translation services where services may not be readily accessible. Note: this done not include American Sign Language. • The Consultant 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 community, in partnershi p with H-GAC Communications photos, graphics, etc. • Complete TxDOT meeting exhibits forms updated, as needed. 3.2 Public Outreach, Website and Social Media Tools The Consultant will use one of the following two methods to communicate online with the public and all interested parties: • Using H-GAC’s licensed public outreach software, the Consultant will provide all relevant data, mapping, and other information to be hosted on the H-GAC outreach software, or: • The Consultant will develop a GIS -based tool to review study information and solicit comments. • The Consultant will develop an online survey to solicit public opinion on study area issues. The Consultant will provide information to H-GAC to update their social media sites; H-GAC will update its social media sites. The Consultant will design a survey to be hosted on H-GAC’s website at two (2) points during the project, 1) early in the project to ask citizens about mobility concerns and priorities, and 2) later in the project to allow citizens to comment on the proposed recommendations. H-GAC is responsible for hosting any survey developed on its website including through any public outreach software. 3.3 Steering Committee Meetings The Consultant will assist H–GAC and project sponsor in establishing a Steering Committee composed of non-elected public and private entity representatives to guide the technical development of the study. The Consultant will attend and facilitate up to a maximum of five (5) Steering Committee meetings. The Steering Committee will receive and assess reports on project progress, provide comments on the schedule, coordinate relevant study activities with their respective organizations, and provide technical oversight of major activities associated with the H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 8 August 16, 2023 study. The Consultant will work with H-GAC and the Steering Committee to determine mutually agreed upon location of meetings. H-GAC will be responsible for reserving any meeting space, if required, and notifying meeting attendees. Meetings may be in person or virtual. A Data Analysis Workshop will be held with the Steering Committee (included as one of the five meetings) to discuss the study, analysis tools, and project challenges. The workshop will provide the Steering Committee with a better understanding of the study format, process, and outcomes. 3.4 Stakeholder Meetings A maximum of four (4) Stakeholder meetings will be held with study area landowners, businesses, and other interested parties. Members will be identified during the beginning phases of the project. These stakeholder meetings will develop and/or get feedback on proposed recommendations and solicit and build continuing support for all recommendations. H -GAC will be responsible for reserving any meeting space, if required, and notifying meeting attendees. Meetings may be in person or virtual. In addition to the four (4) Stakeholder meetings, the Consultant will provide up to three (3) presentations to City Council regarding the study goals and recommendations. It is envisioned that these updates will be provided by the Consultant to City Council during regularly scheduled City Council meetings. 3.5 Public Outreach Meetings The Consultant will solicit public input on mobility planning issues and recommended improvements to the Pearland roadway network up to three (3) times during the study. Potential public facing events include but are not limited to: Springfest, a Mobility Fair in conjunction with the Pearland 518 Corridor Study, and a library pop-up event. H-GAC will be responsible for reserving any meeting space/tables and providing public notification. The Consultant will provide H-GAC with information to use in advertising the public event and H -GAC will be responsible for the advertising of the event. Consultant will provide up to three (3) staff members for each public outreach event; H-GAC and Pearland will provide staff as well. It is anticipated that at least one of the outreach meetings will be held jointly with the H -GAC Pearland FM 518 project. Task 3 Deliverables: • Public Participation Plan 45 days after contract execution. • Documentation of all meetings (prepare and submit summaries including meeting minutes, handouts, exhibits/display boards, sign -in sheets, and presentation within ten (10) business days of the meeting) • Content for website. • Interactive map for collecting public input. • Interactive map for presenting project recommendations and gathering comments. • Survey tool and results. H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 9 August 16, 2023 • TxDOT meeting exhibits forms updated monthly as needed. Task 4 – Mobility Strategies 4.1 Travel Demand Modeling H-GAC will provide the consultant with the Travel Demand Model (TDM) for the current year as well as year 2045 for use in performing a review of existing and future roadway conditions. This review will be used to project areas of congestion as well as pote ntial gaps in the roadway system and will serve as a baseline to evaluate proposed alignments and roadway cross section recommendations. The Consultant will evaluate up to three (3) scenarios utilizing H-GAC’s estimations of projected population and employment for future years. In collaboration with H-GAC and City of Pearland staff, the Consultant will develop a higher growth scenario to analyze for Year 2045 – input from City Staff and the Steering Committee will be solicited to estimate where higher growth may occur. The scenarios to be examined will include: • Existing Year Base H-GAC Conditions • Year 2045 Base H-GAC Projections • Year 2045 Land Use Plan from Pearland Comprehensive Plan The evaluation of the 2045 scenarios will be based on comparisons volume-to-capacity (v/c) ratios for each scenario. The Consultant will summarize the evaluations in narrative, visual, and quantitative formats. 4.2 Thoroughfare Plan and Street Network Thoroughfare Plan Map: The Consultant will review context and function of the roadways along with results from the travel demand model in Task 4.1 to verify the classifications of the roadways based on street typologies that align with the multimodal cross sections. Where the results from the model indicate need, the feasibility of future alignments will be assessed. A revised thoroughfare plan map will be provided in the form of a PDF and GIS database. Cross-section Modernization: The Consultant will evaluate existing cross sections consistent with industry best practices. The focus will be evaluating the cross section from right-of-way- to-right-of-way line and analyzing the various elements of a street to ensure enough space is being provided for the pedestrian realm, bicycle facilities, and motor vehicles. In addition, specific attention will be paid to landscaping to understand the necessary space needed to successfully accommodate design aesthetics of the roadways. The cross -section modernization process will be iterative between mode prioritization and functional H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 10 August 16, 2023 classification evaluations. Railroad Crossing: The Consultant will review railroad crossings and identify improvements to the crossing that include widening, pedestrian access, grade separations and quiet zones. Note that the FM 518 – Union Pacific railroad crossing adjacent to SH 35 will not be included in this project as the H-GAC Pearland FM 518 study will examine this location in detail. Intersection Assessment: The Consultant will identify intersection improvements to support the overall mobility of the City. These may include traffic signals, turn lanes, roundabouts, and innovative intersections. These improvements may be identified by a flowchart based on classification of the intersecting roadways. 4.3 Bicycle, Pedestrian, and Transit Network The Consultant will build upon the existing Multi-modal Master Plan (2021) to update the relevant data, acknowledge any recommendations that have been completed since the Plan was finalized, and add additional recommendations where needed using the analysis described below. Where tasks below overlap with existing analysis in the Multi-modal Master Plan, data will be updated or referenced, where appropriate. The Consultant will use H-GAC data and the data collected in Task 2 to further evaluate the City’s non-motorized network, identify areas where people walking and biking are at high risk, and areas where there is high non-motorized demand, and the network is incomplete. The Consultant will develop a citywide non-motorized demand GIS-based map. The map will overlay walk/bike sheds from activity/destination generators to show levels of forecast demand. Activity/destination generators will be agreed upon prior to the analysis. The Consultant will develop a GIS -based pedestrian and bicycle risk assessment that includes the following inputs, where available. • Crashes involving pedestrians and bicycles. • Missing sidewalks, curb ramps, facility gaps • Substandard facilities • Distance between enhanced crossings • Multilane arterial crossings • Traffic volumes • Public input about unsafe locations (from public engagement and historic feedback) The risk analysis will be overlaid with the demand analysis to identify areas of priority. The team will perform additional overlays of schools, senior centers, etc. as ne eded during the areas of concern analysis to identify locations of high priority. The Consultant will use the areas of concern analysis to develop a citywide map that H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 11 August 16, 2023 identifies critical intersections, corridors, and other areas of high pedestrian risk or need. For these locations, high-level recommendations and prioritization will be identified for future study. The Consultant will develop a Non-Motorized Toolbox to support the risk analysis, including risk factors that have been identified and potential mitigations. Complete Street Implementation: The Consultant will utilize the modernized cross section design developed in Task 4.2 along with the identified mode priorities throughout the City to assign appropriate cross sections to areas throughout the City. This approach will allow for flexibility when right-of-way is constrained by allowing for tradeoffs based on mode priority. The resulting process will also assist in project planning and design to achieve balance between modes rather than defaulting to a specific cross section or specific modes controlling the design in all circumstances. Transit Network: The Consultant will coordinate with the ongoing Pearland Transit Needs Assessment Plan for transit recommendations. Micro transit opportunities will be evaluated. 4.4 Safety High Injury Network: Using the crash data collected in Task 2.1, a High Injury Network will be developed to prioritize capital spending on safety improvements throughout the City. This High Injury Network would then be used as promotion for projects that alleviate the streets in the City with greatest safety challenges. Heat Map: In addition to the High Injury Network, a heat map of crashes will be made by the Consultant to illustrate both high frequency and high injury intersection locations and midblock segments that may merit further investigation for safety countermeasures. Safety Toolbox: A toolbox of safety countermeasures will be curated from national best practices with crash modification factors (CMFs) for use in evaluating the safety benefit of future mobility projects. Countermeasure Analysis: Using the High Injury Network created by the Consultant, the City will identify up to four (4) safety priority projects to study further through counte rmeasure analysis. These projects can be a combination of individual intersections or half -mile corridor segments. Using historical crash data provided by the City, the Consultant will apply appropriate safety countermeasures identified in the toolbox. This process includes applying countermeasure CMFs to the existing crash data in order to project the anticipated safety benefits from the applied improvements. H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 12 August 16, 2023 The Consultant will summarize the results of this analysis by creating summary sheets for each safety priority project. 4.5 Synchro Model In consultation with the City Traffic Engineer, the Consultant will develop a Synchro model for key corridors within the city as described below: Build Synchro Model • The Consultant will coordinate with H-GAC and Steering Committee to narrow the study area to 60 signalized intersections. • The Consultant will request and organize data for study intersections including available turning movement counts (TMCs), 24-hour counts, as-built drawings, and signal timing plans. • The Consultant will build a Synchro model of existing conditions including lane configuration, left-turn type, and cycle length. Timing splits and offsets will be optimized. • The Consultant will import available TMCs and Peak Hour Factor (PHF) for AM and PM peak hours. • The Consultant will report existing Level-of-Service (LOS) at each intersection in tabular and map format. • The Consultant will coordinate with H-GAC and Steering Committee to determine a growth rate to estimate future-year (no build) traffic volumes. • The Consultant will report No-Build Scenario LOS at each intersection in tabular and map format. Short Term Intersection Improvements • The Consultant will identify capacity improvements (additional turn lanes, widen corridor sections, add turn overlaps, etc.) to improve LOS at study intersections. • The Consultant will incorporate capacity improvements into a Build Scenario Synchro Model. • The Consultant will report Build Scenario LOS at each intersection in tabular and map format. • The Consultant will list capacity improvements and annotate how capacity improvements reduce delay. Intersection Improvement Concepts • The Consultant will sketch (planning-level concepts on aerial imagery) intersection improvements. Other improvements (identified per safety analysis in another task) may be included in concepts. • The Consultant will estimate (planning-level opinion) construction cost of intersection improvements. H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 13 August 16, 2023 • The Consultant will estimate (planning-level) the benefits (travel time and emissions) of the capacity improvements (based on USDOT methodology). Task 4 Deliverables: • Baseline thoroughfare map showing congestion levels and other agreed to performance measures for the existing year and 2045 along with the number of lanes, estimated pavement width, estimated ROW/constraints based on appraisal parcel data as well as existing and future land use. • Exhibit with recommended thoroughfare plan modifications that will be included in the ultimate thoroughfare plan map. • Exhibit showing updated cross section recommendations. • Synchro files transferred to the City of Pearland • Map showing intersection requiring additional future ROW. • Summary of model results and performance measures • Non-Motorized Priority Area Heat Map • Crash Heat Map • Countermeasure Analysis • Safety Toolbox Task 5 – Program Development 5.1 Development of Project List The Consultant will develop a list of potential multimodal mobility projects. This list will be determined in the existing and future needs assessment that occurs during Task 1 and Task 2. This list will be considered the “universe of projects”. 5.2 Project Review and Prioritization The vision and goal setting in Task 3 will inform the priorities within the City and to help prioritize the future projects. The Consultant will use the scenario planning results to develop a list of high priority projects. The Consultant will use the existing conditions, multimodal demand and risk assessments, as well as other modal analyses to develop a method of prioritization. Project review and prioritization will be discussed with the Steering Committee. The initial project list (Task 5.1) will be shortened through a filtration criterion and then the remaining projects will be ranked for the use in a short -term capital plan. The reasoning behind any project elimination will be documented. 5.3 Capital Plan The Consultant will utilize the model results from Task 4.1 and prioritization methodology in Task 5.2, and develop a short-term, mid-term, and long-term plan based on provided budget. Note: various modes might have various year ranges. H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 14 August 16, 2023 5.4 Programs and Policies The Consultant will identify programs and policies to implement for program development, such as a Safe Routes to School Program. These programs and policies help ensure priority elements of the plan are implemented. The program and policy list will complement the projects. Task 5 Deliverables: • List of Projects, programs, and policies - Recommended and Eliminated • Summary of Prioritization Methodology • Capital Improvement Program List • Programs Matrix Task 6 – Mobility Plan 6.1 Action Matrix The action plan is the result of all the other work. The Consultant will establish a methodology for implementation. The Action Plan will be summarized into an online map dashboard for easy reference and use. This action plan will include elements for: • Program Tracking • Annual Reporting • Implementation Plan • Need for Plan Update • Funding Matrix • Planning level cost for each recommendation • Benefits of the plan The map dashboard will be created using a Kimley-Horn ArcGIS Online license and will need to be transferred to the host’s license for continued use after project end. Final Deliverables: The Consultant will provide the following deliverables in electronic/digital format. The final report will be a concise booklet report briefly summarizing the plan overview, discovery, needs assessment, community visioning process and outcomes, mobility strategies, and program development. The technical materials (maps, analysis, etc.) will be delivered throughout the project at various Steering Committee meetings and will be provided in full as appendices. The review process for the report by the Client will be: o 60% - Technical materials – Full Review (occurs during other Tasks) o 80% - Microsoft Word or PowerPoint version of the report – Full Review o 95% - Final Draft layout – Minor Review H-GAC Kimley-Horn and Associates, Inc. Pearland Mobility Study Scope of Services Page 15 August 16, 2023 • Draft and Final Report • Standalone Executive Summary • Mobility Plan that includes: - Action Matrix and Strategy, - Thoroughfare Plan Updates and - List of projects, programs, and policies. • A new Pearland Thoroughfare Plan map in GIS format, the map will show existing and future roadway corridors (arterials and collectors). The associated GIS database will mirror Pearland’s Thoroughfare Plan database. • One printed copy of the new Pearland Thoroughfare Plan Map. • Printable new Pearland Thoroughfare Plan Map • Completed program tracker. • Flash Drive containing all data, GIS files, photographs, graphics, and electronic copies of the study document, executive summary, action plan, and appendices in an editable format and final format. Note: All deliverables will be created in and editable format (i.e., Microsoft Word, Excel, etc.) and Adobe InDesign, except for the Appendices. All final documents will be in printable pdf format.