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R2010-160 - 2010-12-06
ATTEST: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A SPECIAL EVENT PERMIT APPLICATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the Special Event Permit Application, attached hereto as Exhibit "A is hereby approved. PASSED, APPROVED, AND ADOPTED this day of A.D., 2010. YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY RESOLUTION NO. 2010 -160 Passed to a Future Agenda No Action December 6, 2010 TOM REID MAYOR The Bike Course- Shadow creek ranch parkway starting at trinity bay drive to Business Center Drive, Course will turn right onto business center drive and then will turn right on Discovery Bay Drive. It will then again turn right on Kirby drive heading north and U- turning before SCR parkway to head back south to West Broadway,the course would then turn right onto Half moon bay drive,again turning right onto east clear lake loop, continuing around to west clear lake loop,then making another right hand turn onto trinity bay drive,then making another right onto Kingsly drive heading north and U- turning just before SCR parkway. The riders will head all the way south to west Broadway again making a right turn. they will proceed to windward bay drive,making a left turn onto Biscayne bay drive then making their final right hand turn onto trinity bay drive and ending at the transition area. Meatrd 1W` Atxes i CC �, s , r ,_ . .-1_ ,(1 , gag i,„ II , , , ,, -,© ar»rioAiario t - l 1 1 i t_,-, ; l 4 kj tc a t 4'''' 6 * t" ( , —3 _ }. n. Shadcvv w TC p, <.. ^r l CreeK Rarcti _ _ j \ t I. - alli ' ' ,,, , *NW jr it cct s f til ; l'Z'-t-. ( 0 - "} *� o t Farm Market 518 w.:;- Q _:. .,. Or Br.. _ 1 , fipp ........,„ ' ..ems Route- Lop Workout Tools - �y s [Street Ala On Main: a �,1b Setting 0 Help Map Type: Map f a Online 0 z' c,c,,,4 Community _ .4 Ra AE* to 4USWE*St ODIUM -Fs"4`k //f n raw„0 0 } it ht d e SWIM COURSE pp�, 2 K .. Ci e m d E. & O- z 3 END" c,2sry d_ �, Q<"-t4. . ram`, v 2 i 4 Qo �v '..- `Two y # �".?S Q? ,, r+.' Search C / Cara: 'rogressive nsuran i?, to .' a .c Fr e a 4 G: i ' ruin cfJrse 6' .e -t,eras."mnC or n tr. 1 1 .. :, i, vi' dye e �, O .9 F 4.-. 'l V °SF¢ Reg Re her a- weer • Shadow 4' - g c, „q reek Ranch 4+ C� °°gyp z , 2�,`, so.' ♦ KIF�a 1/1,? i ° €" a°Y L 4 1` so ,," Thi3 run course is contingent upon a safe crossing of the bayou by 521 at mile 1.if that is not the case,the course would simply go out along the bayou and utum back towards trinity bay drive,then heading back towards the 521 on the opposite side of the bayou and making a left turn heading towards arcadia bay drive trail. Special Event To apply for a Special Event Permit,complete this application. Submit this application form,in both a hard copy and on disk or email along with an Event site plan and a$50.00 Application Fee Perm,•t payable to the City of Pearland,c/o the Recreation Superintendent. t A This Application must be received at least sixty(60) �' Application days prior to your event to be considered for /" approval. Event Name Shadow Creek Ranch Triathlon Event Start Date July 16,2011 I Event End Date July 16, 2011 Annual Event! I 1st Time Event yes Longevity of Event 0 Alcohol Served yes,not sold Event Category Community Festival! Concerti Circus Bike Race'Tour triathlon (check all that apply) Run i Walk I triathlon Parade! Athletic Event Yes Carnival/Fair Other(specify) Event Organizer Troika Promotons Corporate ID# TBD Street Address 15119 Camelback Court Non-Profit Corp. No City'Houston State TX Zip 77079 Primary Contact Bryan&Colette Kraham Email Address bryan.kraham a:gmail.corn Phone 713.823.8093(Bryan Cell) Fax Phone Cellular i Page#1281.216.4866(Colette Cell) Additional Event Partner Primary Contact Phone Cellular I Page#'s! Additional Event Partner Primary Contact! Phone Cellular t Page#'s Event Sponsors Until the permit is approved,there are none but there will be upon approval.Some of the companies with interest are: Methodist Hospital systems.Dr.Pepper/Snapple Description of Event July 16,2011 -The first annual Shadow Creek Ranch triathlon will be held in the beautiful Shadow Creek Ranch Subdivision (Provide thorough details of in Pearland,Texas.The triathlon will benefit a TBD charity.The triathlon is a sprint distance triathlon consisting of a 500 event activities;programs and meter open water swim,a 14.5 mile bike and a 3.2 mile run through the Shadow Creek Subdivision.Greater than 85%of the schedule)event will be held on the grounds of the Shadow Creek Ranch community.The central point of the race,meaning start, Event Venue I Site's) Shadow Creek Ranch subdivision will be the host of the event.90%of the event will take place within the shadow creek (Explain what sites will used ranch subdivision boundaries.The swim portion of the event will take place at the lake immediately adjacent to the trinity and the activities at each)E bay pod area.The swim to bike and bike to run transition area will be the trinity bay parking lot.The bike course will,for the Admission/Entry Fee! In Advance: S65 adult 585 for relay team Day of: S75 adult$95 for relay team Overall Attendance Estimate! 1.200 Largest One-time Attendance Estimate 1.000 City of Pearland Special Event Permit Application Effective 4-25-08 Page 1 of 6 Event Start Date 16-Jul-11 Time Open to Public 5:00am Time Closed to Public Actual Event Start Time 6:45 AM Actual Event End Time 10:00am Music'Sound Start Time(inc.sound checks) 6:30am for announcements Music!Sound End Time 11:00am Alcohol Service Start Time 9:00am Alcohol Service End Time 11:00am 2nd Event Date Time Open to Public Time Closed to Public! Actual Event Start Time Actual Event End Time Music%Sound Start Time(inc.sound checks) Music!Sound End Time Alcohol Service Start Time, Alcohol Service End Time) 3rd Event Date Time Open to Public! Time Closed to Public' Actual Event Start Timei Actual Event End Timer Music/Sound Start Time(inc.sound checks) Music/Sound End Time Alcohol Service Start Timel Alcohol Service End Time 4th Event Date Time Open to Public( Time Closed to Public! Actual Event Start Time Actual Event End Time Music I Sound Start Time(inc.sound checks)) Music/Sound End Time Alcohol Service Start Time) Alcohol Service End Timei 5th Event Datei Time Open to Public Time Closed to Public Actual Event Start Time Actual Event End Time Music/Sound Start Time(inc.sound checks) Music I Sound End Time Alcohol Service Start Time Alcohol Service End Time' Event Merchants&Vendors Information Food Served/Sold at Event yes #of Vendors 3 #of Non-Profit Vendors #of For-Profit Vendors 3 #of Food Vendors Needing Electricity 0 #of Food Vendors Needing Water 0 Cooking Method - Charcoall Gas'Propane Electric Other non cooked foods pre-packed foods a (check all that apply) Merchandise Sold at Event' yes #of Vendors 1 #of Non Profit Vendors #of For-Profit Vendors— #of Merch.Vendors Needing Electricity 0 #of Merch.Vendors Needing Water C Other Items/Services Sold Describe Items/Services! of Vendors #of Non-Profit Vendors #of For-Profit Vendors) #of Vendors Needing Electricity #of Vendors Needing Water! Event Venue Set-up&Break-down Information Event Venue Set-up Date(s) 15-Jul-10 Set-up Start Time -8:00am Set-up Finish Time' -7:00pm Venue Break-down Date(s) 16-Jul-10 Break-down Start Time 9:00am ( Break-down Finish Time 2:00am Additional Venue(s)or Site(s)required for Event Set-up or Staging of) Requested Street(s)To Be (NOTE'we are not asking for full closures,just partial lane closures and we will provide the cones for the majority Closed of the course,the race course map attached)Right shoulder(going west to east)of Shadow creek ranch parkway Proposed Date(s)&Times ofiJuly 16th,2011 from 6:45am until 9:30am(again only partial closures) Street Closures) City of Pearland Special Event Permit Application Effective 4-25-08 Page 1 of 6 Will you be supplying any of the following items or elements at your Event? (Check&complete all that apply) Dumpsters1 TBD Quantity Stage,bleachers or other structures yes Quantity 1 Describe finish line structure,inflatable Portable Toilets yes Quantity 30-50 Event web site or hot-line phone yes URL or Phone# activation upon permit approval- shad Trash cans yes Quantity 30 Fireworks.fires or pyrotechnics no Describe Recycling Containers yes Quantity 20 Name of Fireworks Contractor Phone Banners or signs yes Quantity —20 Booths,exhibits or displays yes Quantity TBD Describe sponsors Fencing,barricades yes Type bike rack style barricade an Tents or canopies yes Quantity TBD Size-Sq.Ft.j 10 x 10's Special Lighting yes Describe self powered portable for AM1 Vehicles trailers no Quantity, Describe Shuttle Services no Describe Animalsr no Quantity Describe Site Decorations no Describe VIP Area no Describe Catered Food no Describe Amplified yes PA system for athlete announcements,post TBD Music,Sound Describe race music Live Entertainment Describe Rides,inflatable's other amusement no Quantity Describe Security TBD Describe items Traffic control! yes Describe Pearland Police is desired a Are you requesting that the City of Pearland provide any of the following items or elements for your event? (Check and complete all that apply) Electrical Service no Describe Water Service; no Describe First Aid Service no Describe Crowd-control Barricadesf no Describe Unique Grounds Preparation Needs no Describe Traffic Control yes Describe police for traffic control Security TBD Describe police for security at the transition area is a possibility no Quantity Event-day staff Duties Hours no Other City Services Describe Describe your anticipated needs for crowd control, Police, Event security,First Aid Services and Disabled Parking. We will need officers directing traffic at each entrance point to the major thoroughfares such as shadow creek ranch parkway at Trinity bay drive.SCR parkway at Kirby Drive and other entrances to business'and smaller streets.Also along race entrances along West Broadway We would ask if it is necessary for the Pearland police to help direct traffic at the small streets within the shadow creek ranch subdivision or if we can use volunteers from off duty law enforcement agencies from greater Houston.We would also like to request 2-3 police officers at and around - - rare=fr, !, City of Pearland Special Event Permit Application Effective 4-25-08 Page 3 of' Outline in detail the duties your Event-staff will perform during the Event, include such items as staffing entry and exits points, beer/wine garden area(s),stage area(s),clean up of debris and litter during and post-event, supervision of parking areas,etc.. How many Event staff members will you have on site during the Event, and how are will you obtain these event staff? Our event staff will begin by directing incoming athletes to the parking area at trinity bay drive.There will be 5-10 volunteers parking vehicles in the grass area that is part of the SCR subdivision.Our next group of volunteers will be staffing the entry point to the swim to bike and bike to run transition area.they will be checking for safety items such as brakes on bikes,they will be performing body marking with the athletes race number and checking the helment for the proper safety codes.We will have volunteers at the swim course who will be lifeguards around the lake as well as in kayaks for the swim portion of the race.other volunteers will be at the swim av if halninn nannla rut of thn wntnr W.will hotra urluntanrc Omit-Inn wnfar,nr(nainraria tnhloe nlrnn tha rnuren thou will ha honriinn Describe your plans for notifying residents and businesses whose traffic patterns and operations are affected by your Special Event. 'We plan to rent one or two of the portable traffic signs for a one week period prior to the race letting residents know to expect delays on the race day(although they will be minor due to the day and time of event).We have an agreement with Shadow Creek Ranch to place updates in their community news bulletins,papers,website and social networking sites like face book.We will send out press releases to the local papers 2-3 weeks prior to the event date to notify residents of the event date and time.We also plan to communicate with phone calls to each of the business'along the bike course Outline your plans for marketing and promoting your Special Event, include information on all media and other sources of promotion. dedicated shadow creek ranch triathlon website,social networking sites like face book and twitter,registration websites such as active.com or eztoregister.com,shadow creek ranch website and news letters.We may purchase a radio schedule but that is TBD. The racing community is a very viral community,they find the events,there is not a major need to spend marketing dollars on TV, RADIO and print campaigns. Liability Insurance Information A Certificate of Insurance for this Event must be presented to the City of Peariand(c-o Recreation Superintendent)no later than 15 calendar days prior to the Start Date of the Event. If the information requested below is not available when this Application is submitted.it can be added later,but not later than the 15 day deadline previously noted. Insurance Agency USA Triathlon(Liberty Mutual; Agent's Name]TBD Business Phone TBD Policy#JTBD Policy S Limits TBD Address City] State Zip City of Pearland Special Event Permit Application Effective 4-25-08 Page 4 of 6 Indemnity Agreement: Shadow Creek Ranch Triathlon In consideration for the City of Pearland granting the undersigned Event Organizer representative permission to hold the proposed event on public property and to display,sell or offer for sale wares,services.and or food or merchandise within the perimeters of their event venue,the undersigned agrees to assume the defense of and indemnify and save harmless the City,it's employees,offices and agents against any and all claims, liabilities,judgements, costs, causes of action, damages, expenses, and shall pay all attorney's fees, court costs and other costs incurred in defending such claims,which may accrue against,be charged to, be recovered from or sought to be removed from the City,its employees,officers and agents by reason of or on account of any personal injury or death or damage to property arising from the undersigned's event and associated activities. if such personal injury or death or damage of property is caused by the acts or omissions or negligence of the undersigned,or the undersigned's employees and agents or by such acts,omissions or negligence of any other person subject to the undersigned's control. The City,its employees,officers and agents shall not have to give the undersigned any specific types of notice of such claims. Witness the following signature(Event Organizer signature): Troika Promotions Bryan & Colette Kraham (Signature) Witnessed by: Affidavit of Applicant: Shadow Creek Ranch Triathlon I certify that the information contained in this Special Event Permit Application is true and correct to the best of my knowledge and belief,that I understand,and agree to abide by the all regulations,provisions and rules governing Special Events as set forth by the City of Pearland.That I understand that this Application is made subject to the rules and regulations established by the Pearland City Council. I agree to abide by these rules and further certify that.on behalf of the organization.I am authorized to commit that organization,and therefore agree to be financially responsible for any cost and fees that may be incurred by or on behalf of the Event to the City of Pearland. Applicant Bryan & Colette Kraham Title(Print of type) Founder and President Signature of Applicant (Event Organizer) Date of Application A signed hard copy of the Indemnity Agreement and Affidavit of Applicant portions of this Special Event Permit Application must be provided to the City before an Application will be considered fully executed. Submit a hard copy and an electronic version(either email or disk)of this Special Event Permit Application to Colene Cabezas, Recreation Superintendent,City of Pearland Parks&Recreation. Pearland Parks&Recreation 2947 Broadway, Pearland,TX 77581 Phone:281-652-1819 Fax: 281-412-2659 Email:ccabezas@ci.pearland.tx.us City of Pearland Special Bent Permit Application Effective 4-25-08 Page 5 of 6 July 16, 2011-The first annual Shadow Creek Ranch triathlon will be held in the beautiful Shadow Creek Ranch Subdivision in Pearland,Texas.The triathlon will benefit a TBD charity.The triathlon is a sprint distance triathlon consisting of a 500 meter open water swim,a 14.5 mile bike and a 3.2 mile run through the Shadow Creek Subdivision.Greater than 85%of the event will be held on the grounds of the Shadow Creek Ranch community.The central point of the race,meaning start,transition and finish,will be at the trinity bay pool parking lot where the transition area will be.The event will be set up the day prior(excluding any lane closures,that will occur race morning).The transition area will open to athletes at 5:00am on race day to set up their transition area. Parking will occur in the grassy area next to the trinty bay pool and will open at 4:30am.Safety is our number 1 priority,so we will have heaps of race day volunteers&volunteer coordinators helping out the athletes.The race will start at 6:45am.The first racers will be on their bikes on the route at approximately 7:55am.The last of the riders will be off the course at approximately 9:00am thus opening all lanes of all streets at this time.We will also be opening streets as the last rider progresses through the course.The run course is planned to take place completely on the hike and bike trails within shadow creek ranch subdivision.There will be sponsor activation tents alongside the trinty bay pool grounds providing free samples of products or services they offer. (The product sampes are all still TBD at this point but could range from things like muscle milk,gatoraide, Dr. Pepper, beer, bananas and bagles,etc).There will only be one vendor that will have the ability to sell products and that is a bike shop sponsor for those athletes that have mechanical difficulties or forgot something for the race.We will conduct an awards ceremony post race for all of the age group top three finishers. We will use a PA system for this.There is the possiblilty of having live music and/or having a D1 present as we wait for the final competitors to arrive.The race should end by 10:00am with the total event over by 11am. Shadow Creek Ranch subdivision will be the host of the event.90%of the event will take place within the shadow creek ranch subdivision boundaries.The swim portion of the event will take place at the lake immediately adjacent to the trinity bay pool area.The swim to bike and bike to run transition area will be the trinity bay parking lot.The bike course will,for the most part wind through the Shadow Creek Ranch subdivision.There will be a maximum of two(2)streets that lay outside of the subdivision that will be used for part of the bike segment of the triathlon.Those streets are: Shadow Creek Ranch Parkway(right shoulder heading west to east) and segments of West Broadway.The run portion of the course will begin at the trinity bay pool section of Shadow Creek Ranch and will proceed through the hike and bike trails that surround that section of SCR. (NOTE* we are not asking for full closures,just partial lane closures and we will provide the cones for the majority of the course,the race course map attached) Right shoulder(going west to east)of Shadow creek ranch parkway starting at trinity bay drive to Business Center Drive,Course will turn onto business center drive and then will turn right on Discovery Bay Drive. It will then again turn right on Kirby drive heading north and U-turning before SCR parkway to head back south to West Broadway where we would ask for one lane,the course would then turn right onhalf moon bay drive,again turning right onto east clear lake loop,continuing around to west clear lake loop,then making another right hand turn onto trinity bay drive,then making another right onto kingsly drive heading north and U-turning just before SCR parkway.The riders will head all the way south to west broadway again making a right turn. they will proceed to windward bay drive, making a left turn onto biscayne bay drive then making their final right hand turn onto trinity bay drive and ending at the transition area. Our event staff will begin by directing incoming athletes to the parking area at trinity bay drive.There will be 5-10 volunteers parking vehicles in the grass area that is part of the SCR subdivision.Our next group of volunteers will be staffing the entry point to the swim to bike and bike to run transition area. they will be checking for safety items such as brakes on bikes,they will be performing body marking with the athletes race number and checking the helment for the proper safety codes. We will have volunteers at the swim course who will be lifeguards around the lake as well as in kayaks for the swim portion of the race.other volunteers will be at the swim exit helping people out of the water.We will have volunteers staffing water and gatorade tables along the course.they will be handing athletes fluids.they will be collecting the used cups and placing them in trash bins. We will have EMS volunteers along the race course.At the race finish,we will have volunteers handing out water bottles.There will be staff placed at the only exit point making sure athletes are leaving with only their equipment. after the race is done,the volunteer staff will begin the breakdown of the race course and transition area.this includes clean up of all trash etc.Our policy is to the leave the venue the way we found it. ORDINANCE NO. 1348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT A NEW ARTICLE VI, ENTITLED SPECIAL EVENTS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 20, Offenses and Miscellaneous Provisions, is hereby amended to ADD Article VI, entitled Special Events, to read as follows: "ARTICLE VI. SPECIAL EVENTS Sec. 20-90. Special events policy adopted; amendments. The Special Events policy attached to this adoption ordinance is hereby adopted and incorporated herein by reference, and a true and correct copy of said policy is filed in the office of the city secretary. Said policy may be, from time to time, amended by the City Council by resolution, and said amendments shall be effective upon the filing the amended policy in the office of the city secretary with a certified copy of the resolution adopting said amendments. Sec. 20-91. Penalties. (a) A person who violates any provision of the Special Events policy adopted pursuant to this Article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed five hundred dollars ($500.00). Each day of violation shall constitute a separate offense. (b) In prosecutions under this section, no culpable mental state shall be required to be alleged or proven. Secs. 20-92-20-99. Reserved." ORDINANCE NO. 1348 Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 6. Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days after publication. PASSED and APPROVED on FIRST READING this the 24th day of March, A.D., 2008. OYY� 4-0CH TOM REID MAYOR 2 ORDINANCE NO. 1348 ATTEST: 1RI14,(RV s> ; ITYS CRETARY ...... PASSED and APPROVED on SECOND and FINAL READING this the 14th day of April, A.D., 2008. c==.-c) 42. 1 TOM REID MAYOR VOTING RECORD SECOND AND FINAL READING ATTEST: APRIL 14,2008 Voting"Aye"-Councilmembers Owens,Beckman,Saboe, f, ,: and Cole. c'' • UN C ! r Voting"No"— None. TY CRETA Y Motion passed 4 to 0,with Councilmember Kyle absent. '',.,.„......„,,..„0' PUBLICATION DATE: April 16,2008 APPROVED AS TO FORM: EFFECTIVE DATE: April 25,2008 0�` �, ^ //�-- PUBLISHED AS REQUIRED BY SECTION 3.10 OF (1_ THE CHARTER OF THE CITY OF PEARLAND.TEXAS DARRIN M. COKER CITY ATTORNEY 3 Exhibit Ordinance No. 1348 Table of Contents I.PURPOSE 2 II.DEFINITIONS 2 III.DELEGATION OF CITY MANAGERS AUTHORITY 3 IV.APPLICATION FOR PERMITS 3 A. SPECIAL EVENT PERMIT REQUIRED 4 B. EXEMPTIONS TO SPECIAL EVENT PERMIT REQUIREMENTS 4 C. APPLICATION DEADLINES 5 D. APPLICATION FEE 5 E. WHEN APPLICATION IS DEEMED FILED 5 F. INDEMNIFICATION AND REIMBURSEMENT AGREEMENT 5 G. PAYMENT OF CITY SERVICES 5 H SECURITY DEPOSIT 5 1. INSURANCE 6 J. PERMITS NOT TRANSFERABLE 6 K. ORDER 6 L. AMENDMENT OR REVISION OF APPLICATION 6 M.CONDITIONAL APPROVAL 6 N. SPECIAL EVENT PERMIT APPLICATION REVIEW 7 O.WRITTEN NOTICE OF APPROVAL OR DENIAL 7 P. NOTICE OF EXTENDED REVIEW OR DENIAL OF PERMIT 7 Q. CONTENTS OF NOTICE;GROUNDS FOR DENIAL 7 R. WRITTEN ESTIMATE OF CITY SERVICES COSTS 9 S. WRITTEN POST-EVENT REVIEW 9 V.PROCEDURES FOR REVIEW 9 A. REVIEW BY CITY 9 B. FORM OF APPEAL 9 VI.PROVISION OF CITY SERVICES FOR SPECIAL EVENTS 9 VII.USE OF CITY LOGO OR NAME 10 VIII.REVOCATION OF SPECIAL EVENT PERMIT 10 IX.COST RECOVERY FOR SPECIAL EVENTS 10 X.REVENUE SHARING FOR SPECIAL EVENTS 11 XI.EFFECT OF RECEIPT OF DONATIONS ON STATUS OF TAX-EXEMPT NON-PROFIT ORGANIZATIONS 11 XII.SPECIAL EVENT RIGHT OF FIRST REFUSAL 11 XIII.ALCOHOLIC BEVERAGES AT SPECIAL EVENTS 11 I. Purpose It is the purpose of this policy to establish a process for permitting Special Events conducted on City streets, public property, public parks or facilities, or private property where it impacts public parking, City streets, City services and/or general health and safety. It is recognized that these Special Events enhance the Pearland lifestyle and provide benefits to the citizens through the creation of unique venues for expression and entertainment that are not normally provided as a part of governmental services. Additionally, it is recognized that Tax-exempt Non-profit Organizations that benefit the community are central to the quality of life in Pearland and that they often develop through their Special Events the resources to provide essential services to the citizens of the City of Pearland. It is further intended to provide coordinated policies for the regulation of certain activities to be conducted in conjunction with Special Events, to ensure the health and safety of patrons of Special Events, to prohibit illegal activity from occurring within Special Event Venues, and to protect the rights and interests granted a Special Event Permit holder. It is also further intended to create an awareness of certain codes that are normally overlooked by planners of events (Special Events or small events not explicitly regulated by this ordinance). It is also the intent of the City of Pearland to protect the rights of its citizens to engage in protected free speech expression activities and yet allow for the least restrictive and reasonable, time, place and manner regulation of those activities within the overall context of rationally regulating Special Events that have an impact upon public facilities and services. II. Definitions As used in this policy: "Special Event" means an activity with duration of less than 30 days that meets one of the following: A. Is considered a parade, circus, march, or similar activity; B. Is anticipated to have over 1,500 people at one time or over 3,000 over the course of a day; C. Is conducted on, over, or through any State controlled roadway or City thoroughfare or collector street as shown on the City's Thoroughfare Plan; D. Affects four or more City facilities or services listed in (E)(5) listed below; or E. Meets at least three (3) of the following conditions: 1. Is or has an activity component that is regulated by the City's animal related codes (excluding domestic household pets and related regulations such as leash laws, licensing, vaccinations, and other domestic animal codes, but includes the sale, showing, and/or use of domestic household pets for entertainment) and/or health related codes including, but not limited to food prepared on site, sale of food not pre-packaged, rodent control, toilet facilities, and solid waste control; 2. Involves the sale of alcohol or requires a special permit from the Texas Alcoholic Beverage Commission (TABC); 3. Involves the erection of temporary structures including tents valued over $300.00 dollars or 200 square feet in size; 4. Requires temporary addition of electricity with the use of generators, t-poles, or extension of lines other than normal and proper use of household extension cords; or 5. Requires the use of or impacts City facilities or services over and above normal use for that property in its current condition and activity including but not limited Revised Mar.2008 Special Events Policy Page 2 of 12 to parks; streets; rights-of-ways; sidewalks; vacant land; City crews; water from a fire hydrant; use or need for City equipment or supplies; security, traffic or crowd control by police; and attendance, attention or standby of emergency personnel - medical or fire personnel or equipment. "Commercial Special Event" means any Special Event organized and conducted by any person, organization or company that does not qualify as a Tax-exempt Non-profit Organization or governmental agency. "Non-Commercial Special Event" means any Special Event organized and conducted by a person, organization or company that qualifies as a Tax-exempt Non-profit Organization. "City-Sponsored Special Event" means any Special Event directly organized and conducted by the City of Pearland or any Special Event organized by a Non-Commercial Event Organizer that the City has elected to support through appropriation of funds within the City's budget. "City-Sanctioned Special Event" means any Special Event approved to receive funding, receive in-kind City services, or receives acknowledgement as supported by City Council. "Event Organizer" means any person, organization or company, who conducts, managers, promotes, organizes, aids or solicits attendance at a Special Event. "Fees" means charges to Event Organizers for City Services, venue usage and permits. "City Services" means those services provided by the City that are required and/or necessary for event production. "Cost Recover" means direct payment by an Event Organizer to the City in compensation for the direct costs of City Services incurred during the Special Event. "Public Property" means street, R.O.W., land, owned fee simple or dedicated to the City by plat or other instrument and controlled by the City. "Special Event Permit" means a permit issued by the City which authorizes the use of a public property, park or facility for a Special Event. "Special Event Venue or Event Venue" means that area for which a Special Event Permit has been issued. "Street" means the entire width between property lines when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic. "Tax-exempt Non-profit Organization" means an organization that is exempted from payment of income taxes by federal or state law. "Vendor" means any Person who sells or offers to sell any goods, food, or beverages within a Special Event Revenue. "Gross Revenues" means the sum of all revenues received by an Event Organizer for a Special Event, including, but not limited to, cash receipts, licensing, sponsorships, advertising and similar revenues, and concessions. III. Delegation of City Manager's Authority The City Manager hereby delegates all duties and obligations of this policy to the Director of Parks & Recreation, who shall be responsible for its administration, except where otherwise specified. IV. Application for Permits Revised Mar.2008 Special Events Policy Page 3 of 12 A. Special Event Permit Required 1. For any person, organization or company to conduct, promote, manage, aid, or solicit attendance at a Special Event, the person, organization or company shall obtain a Special Event Permit from the City of Pearland. 2. The City is authorized to: a. Issue permits for Special Events occurring within the City limits pursuant to the procedures established by the City; b. Determine the Special Event Venue; and c. Set reasonable boundaries for the Special Event Venue, balancing the Special Event requirements and public health, safety, and welfare. 3. Applications must address the following if applicable: a. Planning: Signs on and off premise and banners (in some circumstances must be permitted, but all are regulated). Address understanding of the requirements including, but not limited to, setback or spacing from residential property, the handling of parking off-site, number of spaces required, and restroom facilities. b. Building department: Tent(information on the tents structural performance to include, but not limited to wind load, material, size, and value.), water sources and back flow preventers, electrical (if t-pole is to be used a permit will be required. If within one hundred feet of distribution line, electrical power should be on a t-pole and not sourced from generators. Need to see how equipment is wired — inspections. If a generator is to be used, the fire marshal is should be consulted). Health codes for food vendors and port a potties. c. Public Works: Need for water and temporary meter for use of hydrant, plan to prevent mud or dirt from being tracked onto City streets. If the City is participating or certain City items are needed, applicant needs to identify the type of items that would be needed by the City and other relevant information that the City would supply. If the City is not participating, the use of City services or equipment is limited. d. Fire Marshal: Safety plan, tent(number of people it can hold, number of exits, material, use of flames or fire-prohibited within tent), placement of facilities, control of combustibles, pyrotechnics placement and distance, location of fire hydrants, accessibility for emergency vehicles, placement of electrical cords, and other occupancy and fire risk factors. e. Police: Parking configuration (off-site or on-site), crowd control, crossing of streets by pedestrians, traffic control, background checks on employees, alcohol sales (require police officers). f. Animal Control: Need FDA approval, location and clean up of manure, spacing from residential property and restaurants, housing of animals and the type of surface, restraining methods including equipment and personnel. B. Exemptions to Special Event Permit Requirements 1. The following activities are exempt from the Special Event Permit requirement: a. Funeral processions by a licensed mortuary; b. School related functions where the event is contained within the school's property boundary and it does not occupy more than 25% of the available parking area for non-parking related activities; or c. An event held within a single building or structure where the occupancy limit is not exceeded at any one time by the event and no parking is expanded beyond the property. Revised Mar.2008 Special Events Policy Page 4 of 12 2. Although not required to obtain a Special Event Permit, an Event Organizer of an activity exempted pursuant to (1)above is required to comply with all regulations established by the City for the intended public property, park or facility; contract and coordinate the use of the public property, park or facility with the authorized managing City agency; and comply with all codes and regulations governing public safety or health including but not limited to, health codes, building codes, fire codes, permits for sale of food, tent permits, sign permits, and state traffic regulations. C. Application Deadlines 1. Any person, organization or company seeking the issuance of a Special Event Permit shall apply by filing a completed Special Event Permit Application with the City not less than sixty(60) calendar days, nor more than two (2) years, before the proposed Special Event date(s), unless (2) below applies. 2. Special Events that already have permits from other agencies, do not require the closing of City thoroughfares or collector streets or involve TxDoT roadways, and anticipate less than 300 people may submit an application thirty days in advance. D. Application Fee No Special Event Permit Application shall be considered until the applicant has paid a $50.00 application fee. No refund of the application fee will be made unless the Event Venue is altered or changed in such a manner as to make the proposed Event Venue unsuitable for the proposed event. The City is not responsible for any costs incurred by the Event Organizer if such site changes and/or alterations do occur. E. When Application is Deemed Filed A Special Event Permit Application is deemed filed when the applicant has provided all of the information required and requested on the Special Event Permit Application and the City has accepted the application for filing and collected the application fee. F. Indemnification and Reimbursement Agreement No Special Event Permit shall be granted unless the applicant has executed an indemnification and reimbursement agreement with the City, on a form prescribed by the City, to reimburse the City for any costs incurred by the City and to indemnify the City from any liability in the connection with the permitted Special Event caused by the action of the permittee or Event Organizer. G. Payment of City Services Unless otherwise indicated by the City, if applicable, the City will invoice the Event Organizer following the conclusion of the Event for the cost of City Services provided for the Event. The Event Organizer must pay all invoices within thirty(30) calendar days; thereafter, applicable late fees will apply. H. Security Deposit The City may require an Event Organizer to prepay, in the form of a security deposit, a portion or all of the estimated costs of City Services for the proposed Special Event. The applicant will be notified of the Security Deposit requirement at the time of official response from the City to the Special Event Permit Application. A Security Deposit must be paid no later than twenty (20)calendar days prior to the start of the proposed Special Event. The City reserves the right to revoke a Special Event Permit for non-payment of a Revised Mar.2008 Special Events Policy Page 5 of 12 required Security Deposit. A Security Deposit may be required at the City's discretion when: 1. The Event Organizer has never before hosted a Special Event within the City of Pearland. 2. The Event Organizer is not a resident of Pearland or is not a business located within Pearland. 3. The person applying as the Event Organizer is not doing so on behalf of a legal corporation. 4. The City believes there may be some reason it will have difficulty being reimbursed for its costs after the Special Event. 5. The size of the Special Event may create an undue expense on the City. 6. The event may result in damage to City property, require police or City traffic control personnel, use of City equipment, or any other action that may pose a cost exposure to the City. I. Insurance The applicant shall procure and maintain at all times during its use of the Event Venue, insurance in such amounts and with such coverage as shall reasonably be required by the City and shall name the "City of Pearland, its officers, officials, employees and agents" as an additional insured thereunder. The City of Pearland, based upon the nature of the activity and the risk involved, shall determine the amounts and type of insurance required. The City may require the insurance to cover all or certain parties involved in the event. The applicant shall provide the City with a certificate from an insurer evidencing such coverage no later than fifteen (15) calendar days prior to applicant's use of the Event Venue. The certificate shall also provide that the insurer shall give the City reasonable advance notice of any change to the insurance coverage provided. J. Permits Not Transferable No Special Event Permit or conditional approval may be transferred. K. Order Special Event Permit Applications shall be considered and processed in order of receipt by the City. The use of a particular public Event Venue or part thereof shall be allocated in order of receipt of fully completed applications accompanied by the application fee. L. Amendment or Revision of Application Any amendment or revision of a Special Event Permit Application shall, for purposes of determining its order of priority, relate back to the original filing date. However, the time in which the City shall grant or deny the application for the permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision. No amendment or revision of a Special Event Permit Application, except those related solely to minor venue layout changes or other minor event logistics, will be accepted within sixty (60) calendar days from the start of the proposed Special Event. M. Conditional Approval 1. Special Event Permit Applications which require insurance approval(s), security deposit payment or permits from other governmental entities, or compliance with other terms or conditions, will be reviewed and, if the application otherwise conforms to all other requirements, a conditional approval will be issued. If, within the time prescribed by the City, any required fee or security deposit is not paid, or Revised Mar.2008 Special Events Policy Page 6 of 12 an insurance certificate evidencing the requisite insurance is not filed with the City, or approval or permit of other governmental entities has not been received, or the other terms and conditions have not been met, the conditional approval will automatically expire, the application for permit will be deemed denied. In such instances, the City will make no refund of the application fee. 2. In the case of a Special Event meeting the criteria under Sec. II (B) or(C), only the City Council may grant approval after review by staff and confirmation that all requirements of this policy are met. The City Council may deem the event inappropriate, but does not have to provide a reason for denial of a Special Event Permit. There shall be no appeal of a permit denial by City Council. N. Special Event Permit Application Review All Special Event Permit Applications are subject to review by the City. Event Organizers may be requested to meet with City representatives to review event plans, layout and all other event logistics prior to the official decision and notification of approval or denial of the Event's application. O. Written Notice of Approval or Denial Applicant will be notified within thirty(30) calendar days of the date on which a Special Event Permit application is fully completed and filed with the City for approval or denial unless the application was submitted in accordance with Section IV(C)(2) above. If submitted in accordance with Section IV(C) (2) above, then the City shall respond within 15 days. However, the City may extend the period of review for up to an additional fifteen (15) days by issuance of a written notice of extension. P. Notice of Extended Review or Denial of Permit Written notice of denial or notice of extension shall be served on the applicant by personal delivery, or by United States mail to the name and address set forth on the application for permit. Q. Contents of Notice; Grounds for Denial 1. Notice of denial of a Special Event Permit Application shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by the City for measures by which the applicant may supply additional information or amend their original application to accommodate permit approval. In the event a prior application for the same time and/or venue has been filed, and a permit has been or will be granted, the City shall propose an alternative venue, if available for the same time, or an alternative time, if available for the same venue. 2. The City may deny a Special Event Permit Application if the applicant or the person on whose behalf the application was made has on a prior occasion made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of a prior Special Event Permit issued on behalf of the applicant. The City may also deny a Special Event Permit Application for the following reasons: a. The application (including required attachments and submissions) is not fully completed; Revised Mar.2008 Special Events Policy Page 7 0112 b. The applicant has not tendered the required application fee or has not tendered the required user fee, indemnification agreement, insurance certificate, or security deposit within the deadlines prescribed by the City; c. The application contains a material falsehood or misrepresentation; d. The applicant is legally incompetent to contract or to sue and be sued; e. The applicant or person on whose behalf the application was made has on prior occasion damaged a public property, park or facility and has not paid in full for such damage, or has other outstanding and unpaid debts to the City; f. A Special Event Permit Application for the same time and venue has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular public property; g. The use or activity intended by the applicant would violate the terms of the City's Special Event Exclusivity granted a prior applicant that has been or will be granted approval; h. The applicant requests use of an Event Venue that is unavailable based on the City's Right of First Refusal policy; i. The proposed use or activity would conflict with previously planned programs, projects, activities or events organized and conducted by the City; j. The proposed use or activity is prohibited by or unsuitable for the uses of the Event Venue; k. The proposed use or activity would present an unreasonable danger to the health or safety of the applicant, or other users of the public property, park or facility, of City personnel, or of the public; I. The applicant has not complied or cannot comply with applicable licensure requirements, fees, taxes, ordinances or regulations of the City; m. The proposed use or activity is prohibited by law, by City Code or ordinance, or by the regulations of the venue's governing public agency; n. Due to limited resources and personnel capacity, the City is not able to provide the required or requested resources and/or personnel for the proposed Special Event, or has committed those resources and/or personnel within a similar time frame to a prior applicant; o. The proposed use or activity will substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route; p. The proposed use or activity would cause an unresolvable conflict with construction or development in the public right-of-way or at a public facility; q. The proposed use or activity will have unmitigatable adverse impact upon residential or business access and traffic circulation in the vicinity of the Event Venue; r. The applicant has not provided sufficient off-site parking or shuttle service, or both, required to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the event; s. The applicant did not appropriately address problems or concerns provided in a previously provided post-event review for a previous Special Event by the organization or organizer; t. The proposed Special Event would, in the reasonable judgment of the City, have an unmitigatable adverse impact on the health, safety, and welfare of the residents of the City. Revised Mar.2008 Special Events Policy Page 8 of 12 R. Written Estimate of City Services Costs Within forty-five(45) calendar days of the date on which a Special Event Permit Application is fully completed and filed with the City, the Event Organizer will be provided an estimate of the costs of City Services and an outline of the scope of those City Services to be scheduled and employed at the event. The estimated cost of City Services will be based on information provided by the Event Organizer and the best estimates of City staff. The actual costs may vary based on unforeseen factors prior to and during the event and/or changes and deviations from the information within the original Special Event Permit Application. S. Written Post-Event Review Within 60 (sixty) calendar days from the completion of a Special Event, the City will provide the Event Organizer a written review of items and/or concerns related to their Event that may negatively influence the Event Organizer's ability to obtain future Special Event Permits. This review is intended to provide the Event Organizer ample opportunity to address, plan and implement corrective measures prior to filing for a future Special Event Permit. V. Procedures for Appeal A. Review by City 1. An Event Organizer may within seven (7)calendar days of official notification by the City, file a written appeal to the City Council if: a. A Special Event Permit Application has been denied. b. A specific City requirement or restriction outlined in an approved or conditionally approved Special Event Permit is considered to be unreasonable. This does not include requests by Event Organizers that fees for City Services be waived or discounted. 2. The City Council shall have fifteen (15)calendar days from the date on which the appeal was received in which to notify the applicant that the appeal has been affirmed, modified or reversed. 3. Such notice shall be deemed served upon the applicant or permitee when it is personally delivered or sent by United States mail to the name and address set forth on the application permit. 4. In the case where a revocation occurred within thirty(30)days of the event the City Manager shall hear all appeals and provide notice within fifteen (15) calendar days. When an appeal is requested within fifteen (15) calendar days of an event the City Manager may provide a response verbally and immediately. B. Form of Appeal Any appeal filed pursuant to this policy shall state succinctly the grounds upon which it is asserted that the determination should be modified or reversed and shall be accompanied by copies of the Special Event Permit Application, the written notice of the determination of the original application or request, and any other papers or documentation material to the determination. VI. Provision of City Services for Special Events Revised Mar.2008 Special Events Policy Page 9 of 12 A. The City may provide services for a Commercial or Non-Commercial Special Event, if provisions are made with the Event Organizer for Cost Recovery or Revenue Sharing, or both. B. The City may provide services in direct support of a City-Sanctioned Special Event. Such support will be in the form of relief from all or a portion of City Services costs. C. The City may provide services in direct support of a City-Sponsored Special Event, if the funds to offset City Services costs are within budget limitations of the City and if the City Manager finds that a public purpose will be served. VII. Use of City Logo or Name Prior authorization from the City Manager is required for an Event Organizer to use the words, "The City of Pearland" or"City of Pearland" or a facsimile of the official logo of the City of Pearland, in the title and/or promotional materials of a Special Event. VIII. Revocation of Special Event Permit A. A Special Event Permit may be revoked if the City staff determines: 1. An Event cannot be conducted without violating the standards or conditions of the Special Event Permit. 2. An Event is being conducted in violation of any condition of the Special Event Permit. 3. An Event poses a threat to public health or safety. 4. An Event Organizer or any person associated with the Event has failed to obtain any other permit required pursuant to this policy. 5. A Special Event Permit was issued in error or contrary to law. B. Except as provided in Item (3) below, notices of revocation shall be in writing and specifically set forth the reasons for such action. C. If there is an emergency requiring immediate revocation of a Special Event Permit, the City may notify the permit holder verbally as in the case where the reason for revocation was determined during the event or within fifteen (15) days of the event. D. An appeal from a revocation shall be handled in the same manner and under the same time requirements as denials of Special Event Permit Applications. (See Section V above) IX. Cost Recovery for Special Events A The City shall charge all Special Events for the actual cost of City Services. B. If a Special Event is conducted without a Special Event Permit when one is required, or an Event is conducted in violation of the terms of an issued Special Event Permit, the Event Organizer shall be responsible for, and the City shall charge the Event Organizer the cost of all City Services and the event organizer shall be subject to penalties as provided by law. Revised Mar.2008 Special Events Policy Page 10 of 12 X. Effect of Receipt of Donations on Status of tax-exempt Non-Profit Organizations A tax exempt non-profit Organization sponsoring a Non-Commercial Special Event may acknowledge the receipt of cash or in-kind services or goods, donations, prizes or other consideration from for-profit organizations without causing the Event to be considered a Commercial Special Event. Such acknowledgment may include use of the name, trademark, service mark or logo of such a for-profit organization in the name or title of the Event or the prominent appearance of the same in advertising or on collateral material associated with the Event. XI. Other Permits and Licenses A. The issuance of a Special Event Permit does not relieve any Event Organizer or person from the obligation to obtain any other permit or license required pursuant to City Code. B. The issuance of any other permit or license issued pursuant to City Code does not relieve any Event Organizer from the obligation to obtain a Special Event Permit pursuant to this policy. XII. Special Event Right of First Refusal An Event Organizer will be granted the first option for the same or similar date(e.g. third Saturday in a specific month) during the following year for hosting a similar Event. This right of first refusal is not transferable to another Event Organizer and expires sixty(60) days from the conclusion of the initial Special Event. XIII. Alcoholic Beverages at Special Events The following guidelines are for all Special Events that include serving of alcoholic beverages. The purpose of this policy is to: (1) ensure public safety; (2) prevent underage possession of alcohol; (3) prevent under-age consumption; (4) ensure adequate observation to help prevent intoxication; and (5) ensure compliance with Texas Alcoholic Beverage Commission regulations. A. Serving and consumption of beer and/or wine only, is permitted at Special Events held on the following City-owned Event Venues 1. Parks 2. Community Center 3. City Hall grounds, but not within the building, 4. Westside Event Center B. Any Special Event held on City property serving beer and/or wine shall have a defined area for serving and consuming beer and/or wine. This defined area, referred to as a Beer/Wine Garden, and may include a portion of or the entire Event Venue. C. The Event Organizer must obtain the appropriate license from the Texas Alcoholic Beverage Commission. Revised Mar.2008 Special Events Policy Page 11 of 12 D. All Beer/Wine Gardens will have City of Pearland law enforcement officers present during the serving and consuming of beer and/or wine. The City will determine the number of City law enforcement personnel required. E. All Special Events approved to sell beer and/or wine must provide, prior to the Event, training for the frontline event staff and volunteers responsible for selling and serving beer and/or wine. F. All event volunteers and staff members engaged in any aspect of serving beer and/or wine(which includes but is not limited to checking ID's, arm banding, ticket sales, serving and monitoring) are prohibited from consuming alcohol during the event. This includes any server who completes their shift and is requested to return to duty. G. The Applicant of the TABC, or the Event Supervisor in charge, must be present at the Event Venue during the entire event. The City requires that every event organizer clearly display the name or names of their event's Event Supervisor(s) in the Beer/Wine Garden during the entire Event. H. The Event Organizer is solely responsibility for assuring that the Beer/Wine Garden is properly supervised and that its event staff has been properly trained to serve such beverages as well as understands that it is against the law of the State of Texas to sell alcoholic beverages to anyone who is less than twenty-one years of age, to anyone that the server knows, or has reason to believe, is intoxicated, or to anyone who has been forbidden to possess alcohol by a court of competent jurisdiction. The Event Organizer is responsible for advising the servers that they could face criminal charges for serving alcohol to any above-described person. I. The Event Organizer must implement a system of identification and distribution as approved by the TABC that effectively monitors the consumption of each event attendee. J. Serving of beer and/or wine shall not extend beyond 12:00am for any Special Event. K. The City of Pearland reserves the right to deny, cease or restrict, in any manner deemed appropriate, either prior to or during a Special Event the serving or consumption of beer and/or wine. Factors governing this decision will include, but are not limited to: 1. Proposed Event Venue layout& site plan 2. Number of proposed beer and/or wine serving locations 3. Anticipated and/or actual number of event attendees 4. Nature of the event 5. History of the event 6. Duration of the event 7. The Event Organizer's ability to provide sufficient event staff 8. Ability of the event staff to monitor and control under-age consumption 9. Concern for public safety 10.Evidence of non-compliance with TABC. Revised Mar.2008 Special Events Policy Page 12 of 12 ktd Trent Epperson/COP To Colene Cabezas/COP@ci.pearland.tx.us • 09/13/2010 09:00 PM cc cle@ci.Pearland.TX.us bcc i• Subject Re:Fw:Shadow Creek Ranch Triathlon permit application Colene, TxDOT has FM2234/Shadow Creek Parkway under construction and it will still be under construction next summer. I have no idea what kind of condition it will be in at that point but it will definitely be a construction zone. I would strongly recommend they re route the bicycle portion of the triathalon away from FM2234. Broadway could provide the alternate route. Cuong Le with the Projects Dept is our liaison with TxDOT. If they insist on that route, they will need to get permission from TxDOT. Le can provide updates on the project and TxDOT contacts, if necessary. Let me know if you have any questions or need additional information. Trent Epperson, Projects Director City of Pearland 3519 Liberty Drive Pearland,TX 77581 P:281.652.1657 I F:281.652.1706 www.cityofpearland.com/projects Colene Cabezas/COP I have listed some comments below that have come in from the PPD, Planning Department, Animal Control, and Permitting. Please see comments from city personnel with responses from Troika Promotions. 1. Parking, that is often a rainy time of year, do they have a contingent plan for parking other than in the grass? A possible 1,200 people parking along the streets in SCR would be a problem. July in Houston has an average rainfall of 3.6 inches, it is in the lower third of months in terms of total rainfall. source: http://www.cityrating.com/citvweather.asp?city=Houston With that being said,there are preliminary plans to park at the middle school off of SCR Pkway and shuttle people over 2. The "beer" being offered is a concern due to families, management of it, licensing, etc. I can understand this issue, if this is a deal breaker,we do not have of have beer. Typically at these events, it is 90%people 21 and over and the beer is not something that a triathlete typically consumes after a race. It is typically there simply for sponsor presence. no one under 21 would be allowed in the beer tent area 3. The bike ride along SCR Parkway, who knows what that road will look like at that time and what kind of road construction will be going on. we understand this. But there will more than likely be at least one lane and and some sort of shoulder. By the time people come out of the swim, they get fanned out, so there is not a big swatch of riders, it is usually single file, we do not need much room and we would cone off the course. we would adjust to the road conditions. Also, we will cone off the entire bike route for safety and if any rider rides outside of the cones, they are riding at their own risk. 4. The traffic control on Clear Lake Loop, that is a narrow two lane, two way roadway, I'm unsure if they are requesting a lane be blocked or if the riders are at their own danger. I know many of the roadways are four lane and shouldn't be too much of a problem, but I'm also unsure how many might be two lane, those are the ones that concern me. riders ride at their own risk as stated in the USAT rules,and they are supposed to obey traffic laws and traffic signs when a traffic control officer is not in place. as mentioned above,the riders will be so fanned out at this point,we really only need the far right hand portion allowing for the two way traffic to continue. 5. I have no issue with volunteers assisting with traffic control, but anywhere they want riders to be able to disregard official traffic control devices, for example not stopping at stop signs, I believe would need a police officer. This is 100%correct and we would want officers at stop lights and at major intersections with stop signs. 6. They want to use the road shoulder along Shadow Creek Parkway for the bike course,which is under construction. I don't know that there is a shoulder available at this point because traffic has been diverted to temporary lanes. Plus, by next summer everything will have changed. That is a TxDOT roadway and construction project, so they would need to contact TxDOT to use it as part of the bike course. same answer as above, we only need a small space and would cone off the course still allowing traffic to pass. I have been part of many triathlons where this was the case on main roads, even feeder roads. 7.What type of signage will be used and where will the signs be located. all temporary signage that shows direction of the course such as arrow signs or"turn in 100 feet" sort of thing. They would be similar to political campaign signs and would be collected when the race course is being cleaned up. At the sponsor area,each of their tents may have a banner style sign attached to it. We would like to rent one or two LED road sign systems that just shows where to turn to park for the early morning. 8. Provide a diagram/map of the staging area and show proposed location of stages/tents/portable bathrooms. See Below. 9. As Animal Control on the event it looks great . My concern would be native wildlife that could endanger the swimmers.We have no reports of Alligators in Shadow Creek at this time and they normally hire a state approved trapper for removal. Just a thought for you. if an animal was to come to the course location, we would ask the state trapper, but as mentioned, there has not been a report of one to date,we have not heard of any venomous snakes as well. Tri club tents ^4n Pnrtahle tnilPtc j Awards ceremony r yr , ,A ♦ 7 *►. ,,, t $ • ci Sponsor tents �a�t v f,, 32010 Soo*..Imagery C:2010 Houston-Galveston Area •` • r,y yt.U.S. d..` _« '•Vrtr. ., New Item 3 No . 3. CONSIDERATION AND POSSIBLE ACTION — REMOVE FROM THE TABLE RESOLUTION NO. R2010-147. City Council. 3A. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010- 147 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR TRAFFIC ENGINEERING SERVICES. Mr. Narciso Lira, City Engineer. AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: December 6, 2010 ITEM NO. : Resolution No. R2010-147 DATE SUBMITTED: 11/29/2010 DEPARTMENT OF ORIGIN: ENGINEERING PREPARED BY: Andrea Broughton PRESENTOR: Narciso Lira REVIEWED BY: Mike Hodge REVIEW DATE: November 30, 2010 SUBJECT: Traffic Engineering Services: Traffic Management Plan EXHIBITS: R2010-147, 1- Eng. Services Contract; 2-Scope of Services; 3-Manhour Detail; 4-Rate Schedule; 5-Project Schedule, EXPENDITURE REQUIRED: $458,850 AMOUNT BUDGETED: $458,850 AMOUNT AVAILABLE: $459,727 PROJECT NO.: T50071 ACCOUNT NO.: ADDITIONAL APPROPRIATION REQUIRED: ACCOUNT NO.: PROJECT NO.: To be completed by Department: ❑ Finance ® Legal ❑ Ordinance ® Resolution EXECUTIVE SUMMARY On November 8th staff presented Council an engineering services contract in the amount of $458,850 for the team of Wilbur Smith & Associates, AECOM and Iteris. The scope of work included the following sub-tasks: 2.1 Traffic Signal Timing 2.2 Travel Demand Model 2.3 Assessment of Transportation System. During the discussion of this issue, the City Council requested additional information regarding how the proposed contract fits into an overall strategy to take over operation of TxDOT signals and how the contract will result in improved traffic flow. The City's strategy for TxDOT signal take-over and improved traffic flow is a five-part process. The process involves four tasks to be completed through the contract with Wilbur Smith and the upgrade of 52 controllers at TxDOT intersections, purchase of a Revised 2007-01-09 wireless communications system and traffic management software that can allow for remote troubleshooting of the system. The first task of the Wilbur Smith contract, inventory and evaluation of the existing TxDOT signals has been completed. The analysis identified deficiencies with an estimated cost of $94,350 to correct. Approximately $79,600 of these deficiencies pertain to communications, detection, pedestrian controls, and signal lighting which have a direct impact on operation of the signal system. These items should be addressed by TxDOT to bring the system to a safe and fully operational status prior to City take-over of the signals. Based upon prior experience with local take-over of traffic signals, the Wilbur Smith team believes TxDOT will make these corrections. The remaining $14,750 of improvements are more cosmetic in nature and will be completed by Public Works with funding coming from the operating budget. The 2010-11 Operating Budget includes $252,702 for personnel, supplies, and equipment. It also includes non-recurring costs of $128,175 for a bucket truck and supervisor vehicle for a total budget of $380,877. Proposed Engineering Contract Approval of the proposed engineering contract with Wilbur Smith is being requested at this time and consists of three tasks identified as 2.1, 2.2, and 2.3. Task 2.1 — Immediate improvement to traffic flow can occur with updated traffic signal timing patterns at all intersections and reviewing progression of traffic on all corridors. A software package referred to as Synchro is proposed to be utilized for this task. Synchro will allow us to review progression of traffic on all corridors helping us optimize the signal timing patterns. Synchro can also interface with the travel demand model (the subject of Task 2.2) for future work. The cost of Task 2.1 is $140,444.50, which produces signal timing updates and a report that outlines existing signal timings, existing corridor travel times, implemented signal timing modifications and before-after travel time comparisons. In addition, this task will provide training to City staff on the use of the software along with field implementation of the traffic signal timing. Another step in the 5-part process that will be done after completion of Task 2.1 of the Wilbur Smith contract is upgrading the signal controllers at 52 of the TxDOT intersections, providing a wireless communication network linking the intersections, and purchasing and implementing traffic management software that allows staff to troubleshoot simple field problems from a remote location. Currently, TxDOT signal controllers are not standardized and most are a different brand than what the City has installed as our standard. The change-out of some components in the TxDOT controllers will be required in order for the TxDOT controllers to communicate back to the central traffic management software. This software will provide instant alerts of problems with individual controllers and allow for corrections of many problems without sending personnel to the scene. The cost of this part of the overall strategy is estimated to be $277,000. This is not part of the Wilbur Smith contract. The two tasks described above should significantly improve traffic flow in the City. However, two additional tasks that may be completed by Wilbur Smith will further enhance the City's ability to make future adjustments to signal timing and operations. The start of these tasks may be delayed by as much as a year if the Council desires, but it is recommended that we proceed with them immediately after completion of Task Revised 2007-01-09 2.1. Completing these tasks immediately after 2.1 will result in the entire traffic management system being in place in the most expeditious manner possible. In addition, having this system in place will provide technical support documentation for grant funding through the TIP. The next call for projects is currently scheduled for 2012. Task 2.2 will develop a travel demand model which can be used in conjunction with Synchro to help us identify cost effective improvements at specific intersections to correct future congestion problems. Cost of Task 2.2 is $88,785.50, and will provide the City with an enhanced travel demand model based on updated traffic counts, updated land-use information, refined roadway network and traffic analysis zones. Task 2.3 will utilize the traffic model developed in Task 2.2 to identify specific deficiencies on major corridors. This task combined with 2.2 will provide a system that can be utilized not only now, but in the future years as traffic patterns and/or priorities change, and necessary improvements can be identified. The cost of Task 2.3 is $229,620, and will include evaluating the Thoroughfare Plan against the model which will result in the identification of specific projects required to handle the future growth of the City. The plan will also identify the cost of the recommended improvements along with prioritization of the projects. In addition, this task also provides staff with the training necessary to run/revise the model to reflect any changes in the assumptions made. The cost of the proposed Wilbur Smith contract is: Task 2.1 140,444.50 Task 2.2 88,785.50 Task 2.3 229,620 $458,850 Funding for the three tasks under the proposed Wilbur Smith contract is available in savings from the Hillhouse project. After the contract award for construction of Hillhouse and set-aside of funds for furniture for the facility, $459,727 will remain. The $277,000 for the traffic signal controller updates, wireless communication network and traffic management software will come from a future sale of C.O.'s. This was anticipated and is included in the 5-year CIP. The Council action requested at this time does not include the item. When contract award is requested, the Council will also be asked to pass a reimbursement resolution so that funding will come from the next sale of C.O.'s. RECOMMENDATION Staff recommends that City Council enter into a professional services agreement with Wilbur Smith Associates in the amount of $458,850.00 for Traffic Management Plan services for this project and authorize the City Manager to execute the same. Revised 2007-01-09 RESOLUTION NO. R2010-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR TRAFFIC ENGINEERING SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for traffic engineering services, 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 a contract for traffic engineering services. PASSED, APPROVED and ADOPTED this the day of A.D., 2010. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on , 2010 by and between the City of Pearland("CITY") and Wilbur Smith Associates, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as the Pearland Traffic Management Plan("PROJECT"). SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide professional services related to the preparation of a Traffic Management Plan for the City, which will include development and implementation of optimized signal timing plans along major highway corridors; development of an area-wide travel demand model and forecasted traffic volumes; assessment of the area transportation system and major thoroughfare plan; and prioritization of recommended improvements. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all fmal documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. -1- 10.Revised 11/15/07 E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence,and$1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. -2- 10.Revised 11/15/07 G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end September 30,2011. SECTION III-CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is hourly not to exceed. Total compensation for the services performed shall not exceed$458,850. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: 1. Prior to submittal of deliverable for Task 2.1: Signal Timing, payments to the CONSULTANT shall not exceed 40% of the total CONTRACT amount. 2. Prior to submittal of the deliverables for Task 2.2: Travel Demand Model, payments to the CONSULTANT shall not exceed 60% of the total CONTRACT amount. 3. Prior to submittal of the deliverables for Tasks 2.3.1: Evaluate Thoroughfare Plan and 2.3.2: Identify Constrained Corridor and Operational Deficiencies, payments to the CONSULTANT shall not exceed 90% of the total CONTRACT amount. 4. Prior to submittal of the deliverable for Task 2.3.3: Prioritize Roadway and Intersection Improvements, payments to the CONSULTANT shall not exceed 100%of the total contract amount. -3- 10.Revised 11/15/07 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSUTANT's status as an independent contractor of the CITY. SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason- - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 9800 Richmond Avenue, Suite 400, Houston, TX 77042. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make fmal payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. -4- 10.Revised 11/15/07 D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. -5- 10.Revised 11/15/07 SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this day of ,2010. CITY OF PEARLAND, TEXAS CONSULTANT-WILBUR SMITH ASSOCIATES Robert P. Babineaux,Jr., PE Vice President -6- 10.Revised 11/15/07 Exhibit A — Scope of Work Pearland Traffic Management Plan The scope of work for the development of a Traffic Management Plan for the City of Pearland will include the following tasks: Task 2.1 Signal Timing This task will consist of collection of data and development/implementation of optimal traffic signal timing plans. A traffic signal timing report will be developed to outline the timing plans and demonstrate improvements in travel time and speed. The purpose of these signal timing plans is to provide maximum progression for traffic flow along the thoroughfares with heavy traffic volumes and several signalized intersections. The list below is a preliminary list of corridor signal timing projects which can be implemented when needed. • FM 518 from Cullen Blvd to IH 35 • FM 518 from IH 35 to Winding Road /Sunset Meadows • Broadway/ FM 518 from FM 521 to Cullen Blvd (Modifications to existing timing plan) • McHard/Shadow Creek Parkway/FM 2234 from FM 521 to Cullen Blvd. • Cullen Blvd (FM 865)from Northfork to Hughes Ranch • SH 35 from Dixie Farm Road to Knapp Road • Magnolia/John Lizer(SH 288 to Pearland Parkway) Task 2.1.1 Signal Timing Data Collection The City of Pearland will collect weekday and weekend 24-hour counts on dates and at locations identified by the Consultant 15-minute peak hour counts (AM and PM peak periods, and weekend peak period)will be performed by the Consultant at each signalized location to establish a base signal plan for implementation. Some existing signal timing data will be collected as part of Task 1. The Consultant will collect traffic signal timing data for any intersections for which this data was not previously obtained. Travel time runs will be conducted both before and after new signal timing implementation. Task 2.1.2 Timing Plan Development and Implementation The Consultant will develop a base signal timing plan and perform field implementation and fine tuning. A summary of final timing plans will be provided to the City and inserted in the controller cabinet. Timing plans will be established for the weekday AM and PM peak and off peak periods and for the weekend period. City of Pearland 1 Traffic Management Plan October 27, 2010 Scope of Work Task 2.1 Deliverable • Traffic signal timing report outlining the existing signal timings, existing corridor travel times, implemented signal timing modifications and before-after travel time comparisons. The consultant will be responsible for field implementation of the traffic signal timings including 6 month follow up to address seasonal changes, Summer, Holidays, etc. Task 2.2 Local Travel Demand Model Task 2.2.1 Develop Enhanced Travel Demand Model for Pearland The consultant will develop an enhanced travel demand model for the Pearland area. The model development may include the following subtasks: • Collect roadway information including traffic counts, lane configuration, traffic control, signal timing • Collect land use information including number of housing units, and retail/commercial activity within Pearland • Refine roadway network in the Pearland area • Develop refined TAZ structure • Develop disaggregated socio-economic data for the refined TAZs • Calibrate the network to replicate current transportation conditions in the Pearland area • Review CIP, TIP, RTP, Thoroughfare plan and other future roadway improvement projects in the area to include in the future model network Task 2.2.1 Deliverable Enhanced Pearland travel demand model based on the approach chosen in consultation with City staff. Task 2.2.2 Develop Travel Demand Model User Interface The consultant will develop a user interface for the travel demand model to evaluate Capital Improvement Plan (CIP) improvements and other transportation needs for the City of Pearland. The user interface will allow the City staff to create new scenarios to evaluate impacts of land use development on the transportation system and compare alternative roadway improvements to determine their impact in improving the future mobility. Note: In traditional travel demand modeling, congestion (travel time)on the roadway is based on the characteristics of the street including capacity and speed (commonly known as capacity restrained modeling). The intersection merely acts as a node and does not contribute to the delay in the system. Based on the suitability of the selected modeling approach to integrating intersection based analysis, the consultant will work with the City staff to determine the need for creating such a tool. Including intersection node geometric detail would facilitate the evaluation of impacts on the transportation system associated with the intersection improvements which otherwise are not accounted for in a traditional travel demand model. City of Pearland 2 Traffic Management Plan October 27, 2010 Scope of Work The consultant would configure the model to interact with other standard traffic engineering software such as Synchro (a traffic signal operations optimization tool)to facilitate data updates. The consultant will set parameters and guidelines for the model to read (import)the latest intersection turning movement counts, lane geometry, and signal timing and phasing operations at selected signalized intersections within the Pearland area. The model training conducted as part of Task 2.2.4 will provide the City staff with good understanding to conduct model runs using the intersection based model approach to evaluate scenarios that include intersection improvements such a signal timing and capacity. The City staff will be able to modify signal timing information coded in the model, should there be any changes to the signal system data. The estimated cost to integrate the intersection based capability in the travel demand model is $11,600. Task 2.2.2 Deliverable Travel demand model user interface (integrated into the enhanced Pearland model). Task 2.2.3 Model Documentation and Training The consultant will develop documentation on the assumptions, inputs and outcomes of the travel demand modeling effort for the Pearland area. The consultant will provide a two-day training session for the City Staff to discuss user interface, basic model components, input data, and model output. During the training sessions, the consultant will demonstrate how to setup various "what if scenarios" including network modifications and demographic updates (these test scenarios will not be fully executed due to training time constraint). The consultant will then be available by telephone to provide assistance to the City for a negotiated time period while City staff becomes familiar with the operations of the model. Task 2.2.3 Deliverables Pearland travel demand model documentation. Pearland travel demand model user manual. Task 2.3 Assessment of Transportation System (Transportation Planning/Analysis) Task 2.3.1 Evaluate Thoroughfare Plan The consultant will evaluate the City's most recent thoroughfare plan for it's effectiveness in balancing traffic mobility with adequate access to adjacent land uses in a way consistent with the City's goals, objectives and community vision. This review will consider the most recent land use/zoning plan to look at the spatial relationships between the existing and proposed transportation network and the anticipated future land uses. The Consultant will also review how well the City's street network fits with that of the area cities and Brazoria County. Other City of Pearland 3 Traffic Management Plan October 27, 2010 Scope of Work considerations may include provision for multiple modes of transportation (private vehicles, public transit, pedestrians, bicycles, etc.); environmental impacts (air quality, historic sites preservation, wetlands, parks, etc.). The consultant will research up to three other cities (from within and outside of Texas) of a population, size and character similar to that of Pearland to determine best practices and latest innovations that could be used in updating Pearland's thoroughfare plan. Task 2.3.1 Deliverable A technical memorandum will be issued which will outline the findings and recommendations for revisions to the existing major thoroughfare plan. Task 2.3.2 Identify Constrained Corridors with Operational Deficiencies Analysis of the city street system will be performed to identify corridors that are operating in a constrained condition with operational deficiencies. The measure of effectiveness will be travel time, speed, volume to capacity ratio and level of service. Analysis will be performed for the existing condition and year 2040. Traffic volumes for the existing condition analysis will be established based on available information, supplemented with new data collection where needed. Data will be extracted from existing traffic studies(i.e. recently completed traffic impact analysis reports), existing city data, counts from existing signal detection cameras, and from commissioned 24-hour counts on an as needed basis. Traffic volumes for year 2040 will be established based on the output from the City of Pearland enhanced travel demand model and from H-GAC as needed (for corridors feeding into Pearland from Houston and other surrounding communities). Accident reports will be obtained by the City and the consultant will perform an accident analysis and calculate the accident rate for corridors identified by the Pearland Police Department as having a propensity for high accidents. A comparative traffic analysis will be performed using Synchro for all major thoroughfares to establish future operational measures of effectiveness and to determine if there are future needs ranging from minor improvements such as right turn lanes and left turn lanes to more significant improvements such as additional capacity lanes. Existing condition travel time and speed will be determined through field trial runs. Synchro will be used to establish existing volume to capacity ratios and level of service, and to establish the future condition travel time, speed, volume to capacity ratio and level of service. Estimated construction for future major thoroughfare segments will be added to the Synchro model accordingly for the year 2040 analysis. Application of access management techniques will be evaluated where suitable so that maximum mobility and safety is derived from the roadway network. The consultant will help the City identify potential funding sources for future transportation system improvements. The consultant will ensure that the City's Thoroughfare Plan conforms to minimum standards that will allow for funding eligibility. City of Pearland 4 Traffic Management Plan October 27, 2010 Scope of Work The consultant will help the City work with land developers to identify and secure right-of-way for future street network expansion in a prioritized and planned manner. Task 2.3.2 Deliverables Results from the existing and future condition traffic engineering analysis will be provided in a full report which will outline the findings from the field studies and Synchro analysis. Recommendations for improvements and potential funding options will be clearly identified in the report. The Synchro model will be turned over to the City of Pearland for future use. The Consultant will provide a technical memorandum for guidance on how to utilize the Synchro model to compare alternatives for improvements beyond what is established in the report. Provide licenses for Synchro and Cube software needed for City staff to view and make minor revisions as needed. Task 2.3.3 Prioritize Identified Roadway and Intersection Improvements The consultant will work with the City to identify and categorize roadway improvements as short-term, intermediate-term and long-term in addition to low, medium and high cost solutions. Probable cost of construction will be established at a planning level with acceptable contingency for ancillary items. Information from Task 2.3.2 will be used to establish a priority for improvements. Improvements will be ranked based on an evaluation matrix recommended by the consultant and agreed upon by the City. The evaluation matrix will include a rating system that will identify a rank and weight for criteria such as safety (type and severity of crashes), LOS, congestion (delays, travel time savings), cost- benefit ratio, availability of full, partial or matching funding sources, public support, priorities of the City Council, adding to the goals and vision of the City, etc. Task2.3.3 Deliverable The transportation system evaluation will be summarized in a report outlining the short term, medium term and long term improvements along with project priorities, probable cost of construction, and cost benefit analysis. City of Pearland 5 Traffic Management Plan October 27, 2010 Scope of Work Traffic Management Plan Consultant Cost Estimate Task 2 CONTRACT WORKER CATEGORY RATE Hours 2.1 I 2.2 - 2.3 FIRM Cost 2.1.1 2.1.2 2.2.1 2.2.2 2.2,3 2.3.1 2.3.2 2.3.3 Principal 250.00 0 0 0 Project Manager 220.00 0 0 0 Technical Manager 210.00 0 0 0 Sr.ITS/Traffic Engr 170.00 0 0 0 - Sr.Traffic Engr/Transp Planner 140.00 24 24 16 4 4 0 ITS Engr/Sr.ITS Tech 140.00 0 0 0 _ Wilbur Smith Traffic Engr/Transp Planner 110.00 720 320 240 56 24 400 80 100 240 Associates Graduate ITS Engr 90.00 0 0 0 Sr.CADD Tech 100.00 0 0 0 Graduate Traffic Engr/Transp Planr 80.00 1,365 530 380 80 70 835 105 430 300 CADD Tech 65.00 0 0 0 Clerical/Admin 60.00 0 0 0 TOTAL DIRECT LABOR HOURS 2,109 0 0 874 636 140 98 1,235 185 530 540 TOTAL DIRECT LABOR COST 5191 760.00 $0.00 $0.00 $0.00 $80,960.00 $59,040.00 $13,120.00 $8,800.00 $110,800.00 515,000.00 $45,400.00 $50,400.00 Sr.Proj.Manager 200.00 196 0 60 36 16 4 16 100 20 40 40 Project Manager 179.00 0 0 0 Sr.Traffic Engineer 202.00 312 312 2 310 0 0 AECOM Traffic Engineer 125.00 140 10 10 0 130 20 30 80 Graduate Engr. 90.00 1,440 685 60 625 0 755 105 430 220 - TOTAL DIRECT LABOR HOURS 2,088 1,067 72 995 36 16 4 16 985 145 500 340 TOTAL DIRECT LABOR COST $250,892.00 $138,404.00 $7,054.00 $131,350.00 $7,488.00 $3,328.00 $832.00 $3,328.00 $105,000.00 518,110.00 550,770.00 $38,120.00_ STANDARD SERVICES UNITS COST 24-Hour tube Counts,One Direction Per Counter for 24 hours $150.00 Traffic Data 24-Hour tube Counts,One Direction Per Counter for 7-Days $660.00 Collection 24-Hour tube Counts,Speed or Classification Per Counter for 24 hours 5275.00 24-Hour tube Counts,highway one direction Per Counter for 24 hours Intersection Turning Movement Counts Per hour,per Counter $90.00 ; Video Logging Per hour $75.00 Intersection Sketch/Photos Per Intersection $60.00 TOTAL STANDARD SERVICES COSTS $0.00 DIRECT UNIT EXPENSE ITEMS UNITS COST Personal Automobile Miles $0,550 1,078.0 665.5 111.111111. Air Travel per round trip $240 0.0 0.0 0,0 Lodging per day $85 0.0 0.0 0.0 0.0 Per Diem during Travel per day $45 0.0 0.0 0.0 0.0 Rental Car per day $78 0.0 0.0 0.0 _ Deliveries Total cost $25 100.0 0.0 100.0 0.0 Prints&Copies,b&w 8.5n11 Sheets 50.15 90.0 45.0 0.0 45.0 '+', Prints&Copies,b&w 1Ix17 Sheets 50.20 130.0 30.0 100.0 0.0 Prints&Copies,color 8.5x11 Sheets $1.00 50.0 0.0 50.0 - 0.0 Prints&Copies,color 11x17 Sheets $1.75 350.0 0.0 87.5 ;a: 262.5 Other:Report prep. per copy $25.00 2,650.0 1150.0 0.0 . 1500.0 Other:Field Data Instruments LS 5150.00 150.0 150.0 0.0 0.0 ' .„ . ^ TOTAL DIRECT EXPENSES ($) $16,198.00 52,040.50 $337.50 $13,820.00 TOTAL DIRECT LABOR HOURS 4,197.0 1087.0 72.0 995.0 910.0 652.0 144.0 114.0 2220.0 310.0 1030.0 880.0 TOTAL DIRECT LABOR COST 442,652.0 $138,404.00 $7,054.00 $131,350.00 $88,448.00 $62,368.00 $13 952.00 $12,128.00 $215,800.00 $31,110.00 $96,170.00 $88 520.00 TOTAL TRAFFIC DATA COLLECTION COST 0.0 AlliMi TOTAL DIRECT EXPENSE COST 16,198,0 $2,040.50 DO $0.00 $337.50 $0.00 $0.00 $0.00 $13,820.00 $0.00 $0.00 $0.00 i_ALL 54.o0 5131,350.00 10/27/2010 HOURLY RATE SCHEDULE CITY OF PEARLAND TRAFFIC MANAGEMENT PLAN WILBUR SMITH ASSOCIATES(PRIME CONSULTANT) PERSONNEL CATEGORY 2010 HOURLY RATE Principal $250.00 Project Manager $220.00 Technical Manager $210.00 Senior ITS/Traffic Engineer $170.00 Senior Traffic Engineer/Transportation Planner $140.00 ITS Engineer/Senior ITS Technician $140.00 Traffic Engineer/Transportation Planner $110.00 Graduate ITS Engineer $90.00 Senior CADD Tech $100.00 Graduate Traffic Engineer/Transportation Planner $80.00 CADD Technician $65.00 Clerical/Administrative $60.00 AECOM (SUBCONSULTANT) PERSONNEL CATEGORY 2010 HOURLY RATE Senior Project Manager $208.00 Project Manager $179.00 Senior Traffic Engineer $202.00 Traffic Engineer $125.00 Graduate Engineer $90.00 PROJECT SCHEDULE -TRAFFIC MANAGEMENT PLAN Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (Task 2.1 Signal Timing 2.1.1 Data Collection 2.1.2 Plan Devleopment/Implementation (Task 2.2 Local Travel Demand Model 2.2.1 Develop Enhanced Model 2.2.2 Develop TDM User Interface 2.2.3 Model Documentation/Training _ Weeks 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 "Task 2.3 Assessment of Transp.System 2.3.1 Evaluate Thoroughfare Plan 2.3.2 Identify Operation Deficiencies 2.3.3 Priortize Improvements Major. Sub-Task