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R-2013-175 2013-10-28RESOLUTION NO. R2013-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE GULF COAST CENTER ASSOCIATED WITH THE DEVELOPMENT OF A PARK AND RIDE PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and the Gulf Coast Center, 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 said Interlocal Agreement with the Gulf Coast Center. PASSED, APPROVED and ADOPTED this the 28th day of October, A.D., 2013. ATTEST: FING, SESI TARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR THE STATE OF TEXAS § COUNTY OF BRAZORIA § INTERLOCAL AGREEMENT INTERLOCAL CONTRACT Resolution No. R2013-175 Exhibit "A" This Interlocal Contract ("Agreement") is made and entered into and effective as of the 28TH day of October, 2013 ("Effective Date") pursuant to the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the "Act"), by and between the CITY OF PEARLAND, TEXAS (the "City"), a political subdivision of the State of Texas, created pursuant to the Texas Local Government Code, and the Gulf Coast Center (the Center), established pursuant to provisions of Chapter 534 of the Texas Health & Safety Code Ann. (Vernon 1992), WHEREAS, pursuant to the Act, the City and Center are authorized to contract with eligible entities to perform governmental functions and services, including governmental functions in which the contracting parties are mutually interested; RECITALS WHEREAS, the Center is the designated transit provider for Brazoria County; and, WHEREAS, the Center (and its public transportation department Connect Transit), provide public transit services for Brazoria County; and, WHEREAS, the City has expressed interest in developing a Park and Ride program including facility development plan, joint development plan, financial framework, and implementation strategy for future express transit services for its residents, who can benefit from direct transit access to the Texas Medical Center, Downtown, and linkage with Metro's regional transit network; and, WHEREAS, the Center has been developing and expanding transit services within Brazoria County and desires to assist the City in the pursuit of federal funding to support park and ride facility development, and future operations; and, WHEREAS, the City desires to support the Center's Transportation Consultant in pursuit of the objectives above and the Scope of Services and related budget delineated in Exhibit A; and, WHEREAS, the City has agreed to provide $57,500 to support 50% of the work activity delineated in Exhibit A; and, WHEREAS, The Center is a Federal Transit Administration grantee, and thus can file grants, receive federal funding, oversee transit service contracts, develop capital facilities and enter into Interlocal Agreements with the City to assist in accomplishing City objectives. Now, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Center agree to the following terms, covenants, and conditions: ARTICLE 1— FINANCIAL SUPPORT FROM THE CENTER The Center intends to utilize federal funding to support 50% of the project costs in an amount not to exceed $57,500. These funds, when combined with funds from the City, will be used to pay invoice amounts from the Consultant which have been reviewed and approved by the City and Center. ARTICLE 2 — FINANCIAL SUPPORT FROM THE CITY The City will review progress reports and invoices submitted to both the City and Center from the Center's Transportation Consultant. Upon review by the City and Center, the Center will pay Consultant invoices in accordance with this Agreement. ARTICLE 3 — FEDERAL, STATE AND LOCAL REPORTING REQUIREMENTS The Center will be responsible for all federal, state, and local reporting and compliance requirements. ARTICLE 4 - PAYMENT BY THE CITY The Center will invoice the City for its 50% share of Consultant, subsequent to review of Consultant's work product. The City agrees to provide its 50% share of cost within thirty (30) days of receipt of Center's invoices. ARTICLE 5- SECTARIAN INVOLVEMENT PROHIBITED The Center shall ensure that no funds under this Agreement are used, either directly or indirectly, in the support of any religious or anti -religious activity, worship, or instruction. ARTICLE 6 - TERMINATION OF AGREEMENT This Agreement will terminate after an initial eighteen (18) month period. However, the agreement may be extended through mutual agreement by both parties. ARTICLE 7 - CANCELLATION OF AGREEMENT This agreement may be cancelled at any time by either party, through the provision of a ninety (90) day notice of intent to terminate. ARTICLE 8 — LIABILITY Section 8.01- No Personal Liability of Center. To the extent allowed by law the Center's officers, either singularly or collectively, are not personally liable on this Agreement or for any breach thereof. Section 8. 02 - No Personal Liability of the City. To the extent allowed by law, the City's officers, agents and employees, either singularly or collectively, are not personally liable on this Agreement or for any breach thereof. Section 8.03 — Force Majeure. Neither Party shall be liable for, or able to terminate this Agreement, for any failure to perform hereunder where such failure is proximately caused by a Force Majeure Occurrence. A "Force Majeure Occurrence" shall mean an occurrence beyond the control and without the fault or negligence of the party affected and which by exercise or reasonable diligence the said party is unable to prevent or provide against. Without limiting the generality of the foregoing, force majeure occurrences shall include: acts of nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, acts of foreign combatants, terrorists acts, military or other usurped political power or confiscation, nationalization, government sanction or embargo, labor disputes of third parties to this contract, or the prolonged failure of electricity or other vital utility service. Any Party asserting a Force Majeure Occurrence as an excuse to performance shall have the burden of proving proximate cause, that reasonable steps were taken to minimize the delay and damages caused by events when known, and that the other Party was timely notified of the likelihood or actual occurrence which is claimed as grounds for a defense under this Paragraph. ARTICLE 9 — MISCELLANEOUS Section 9.01- Laws. The parties hereto agree to abide with all applicable City Charter provisions, laws, regulations, and grant provisions of the United States, the State of Texas, and any other lawful authorities having jurisdiction. Section 9.02 - Legal Construction. In case any one or more of the provisions contained in this Agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability does not affect any other provision hereof and this Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein, if consistent with the overall intent of this Agreement. Section 9.03 - Jurisdiction and Venue. The Parties agree that any dispute arising out of or relating to this Agreement shall be brought before the courts having jurisdiction over Brazoria County, Texas, each Party waiving any contest to jurisdiction or venue in such courts. Section 9.04 - Waiver. Waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provision, unless such a waiver expressly is executed by both Parties in writing. Section 9.05 - Notices. All notices, demands, or requests from one party to another shall be in writing and shall be personally delivered, sent by mail, certified, registered, express or overnight, postage prepaid, or sent by facsimile transmission, to the addresses stated in this Section, or to such other address as the party may request in writing, and are deemed to have been given at the time of delivery. The Gulf Coast Center- Connect Transportation: Attn: General Manager Gulf Coast Center — Connect Transportation 4352 Emmett F Lowry Expressway Texas City, TX 77591 City of Pearland: Attn: City Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 Section 9.06 - Counterparts. This Agreement may be executed in any number of counterparts, and each counterpart is deemed to be an original instrument, but all such counterparts together constitute but one Agreement. A photocopy or facsimile reproduction of an original signature of a party on this Agreement binds that party to the terms, covenants and conditions of this Agreement. Section 9.07 - Time is of the Essence. Time is of the essence in this Agreement. Section 9.08 - Headings. The headings, captions, and arrangements used in this Agreement are for convenience only and do not affect the interpretation of this Agreement. Section 9.09 - Counterparts. This Agreement may be executed in any number of counterparts, and each counterpart is deemed to be an original instrument, but all such counterparts together constitute but one Agreement. A photocopy or facsimile reproduction of an original signature of a party on this Agreement binds that party to the terms, covenants and conditions of this Agreement. APPROVED: APPROVED: The Gulf Coast Center Bill Eisen, City Manager City of Pearland THE GOODMAN CORPORATION SCOPE OF SERVICES EXHIBIT A TASK 1: Workshops and Background For several years, City of Pearland (City) has considered partnering with Houston METRO (METRO) or Gulf Coast Center (GCC) in the implementation of commuter park and ride services into the Texas Medical Center (TMC) and Downtown Houston. As the residential population in Pearland continues to grow, The Goodman Corporation (TGC) will assist in addressing capital and service strategies for park and ride implementation. To best achieve these ends, TGC will conduct the following efforts to complete Task 1: • Conduct workshop with City staff to outline goals and timeline of desired park and ride facility; as well as gain an understanding of the City's current political and fiscal environment. • Conduct workshop(s) with other stakeholders (Brazoria County, Gulf Coast Center, METRO, H -GAC, property owners, citizen advocates, etc.) to discuss background of project and determine the appropriate path forward to implement project in a timely manner. • Review the extent of previous planning efforts for the park and ride to determine what needs to be updated or revised to move the project forward at this time. • Develop Chapters 1 & 2 of the Final Report describing the project background, current and future needs related to the project, a list of involved stakeholders and detailed project approach for the study effort. o Deliverable: Workshops and Chapters 1 & 2 (Background and Project Approach of Final Report) o Timeframe: 2 months from Notice to Proceed o Cost: $10,000 TASK 2: Park and Ride Demand Analysis and Operations Plan TGC will utilize journey -to -work, demographic profiles, and other relevant data from the 2010 U.S. Census and the Metropolitan Planning Organization (MPO) to evaluate the passenger demand for a commuter park and ride facility in the Pearland area. TGC will apply the Texas Department of Transportation (TxDOT)/Texas Transportation Institute (TTI) methodology to determine demand estimates for the proposed facility. To the extent that points have not been covered in previous planning efforts, TGC will analyze the following items: • Origins and destinations of potential park and ride users • Ridership estimates • Proposed operating schedule and estimated operating costs • Development of Chapters 3 & 4 (Project Description and Capital/Operating Plan) o Deliverable: Chapters 3 & 4 of the Final Report o Timeframe: 3 months from Notice to Proceed o Cost: $10,000 TASK 3: Park and Ride Site Layout and Joint Development Phasing Plan A site layout will be developed, which will depict the proposed park and ride, its access points, internal circulation paths, transit user parking, terminal/shelter improvement locations, pedestrian/sidewalk connections, and other related items. The site layout will be the basis for setting aside adequate property for the footprint of the facility, and will be needed as a starting point for the final engineering phase of work. TGC will also analyze market data and make suggestions about potential joint development opportunities to be proposed for the remaining portion of the site. TGC will analyze the following items: • Analysis of capital infrastructure needs for parking facility and connectivity to SH 288 • Development of site layout plan including recommendations for items to consider in PE&D of parking facility (i.e. number of parking spaces, shelter, restrooms, bike racks, etc.) • Vehicular connectivity from residential complexes and subdivisions to the proposed site of the park and ride • Pedestrian and Bicycle connectivity to the park and ride and nearby destinations • Preparation of a Joint Development program to entice development of the full 15 -acre site to maximize mixed-use development and associated property and sales tax revenues for the City • Develop Chapter 5 of the Final Report (Park and Ride Development Program) o Deliverable: Chapter 5 of the Final Report o Timeframe: 5 months from Notice to Proceed o Cost: $10,000 TASK 4: Quantification of Environmental Benefits TGC staff will prepare a Benefit/Cost section for the Final Report that will be vital to the success of future pursuit of funding for capital and operating grant assistance for the park and ride. TGC already works closely with H-GAC's air quality staff on similar projects, and will actively engage them during the process of developing estimates for the proposed Pearland Park and Ride facilities and services. The following items will be included: • Calculation of emissions savings due to reduced vehicle miles travelled and reduced engine cold starts • Monetary benefits of the park and ride attributed to reduced vehicle hours travelled, reduced emissions and similar data • Health and quality of life benefits due to less stress, fewer automobile accidents and emissions reductions across our region • Develop Chapter 6 of the Final Report (Benefit/Cost Analysis) o Deliverable: Chapter 6 of the Final Report o Timeframe: 6 months from Notice to Proceed o Cost: $15, 000 TASK 5: Develop Framework for Partnership with Gulf Coast Center TGC will prepare the following data sets and financial projections to be utilized as the basis for establishing a mutually beneficial relationship between the City and Gulf Coast Center (GCC): • Establish the terms of an agreement between City and GCC that will allow for the City's "fair share" of Section 5307 funds to be received by GCC and utilized to establish and operate the park and ride. • Work with City staff and stakeholders of the park and ride to prepare an agreement with METRO for the City to reimburse METRO for the local share portion of the park and ride property, estimated to be $800K. • Develop estimates demonstrating the amount of Section 5307 funding paid to METRO on behalf of the City. • Compute financial projection of the future Section 5307 funding to be paid to METRO over the next 20 years based on the population and transit service in the City. • Compile a list of mobility and transit projects that are desired by the City utilizing both past and future Section 5307 funding that will benefit the City and region. o Deliverable: Detailed financial analysis and framework for GCC partnership for inclusion in Final Report o Timeframe: 7 months from Notice to Proceed o Cost: $25, 000 TASK 6: Funding and Implementation Strategy TGC will develop for GCC and the City, a near term and long term funding strategy for both capital and operating expenses related to the park and ride. TGC will consider in its analysis the use of local, state, and federal resources, ranging from City cash and bond funds, CMAQ operating funds (up to 3 years), FTA Section 5307 formula operating funds, use of the FTA Section 5307 Capital Cost of Contracting (CCC) provision, estimated farebox, local, and potential participation from other entities such as the Texas Medical Center for additional local share contribution. TGC will prepare the following analyses to complete Task 6: • Create a financial pro -forma for the operations of the park and ride exploring cost options for contracting with public sector transportation providers (METRO or GCC) and private -sector providers through the issuance of an RFP. • Cost estimates for the comprehensive lists of transit and mobility projects developed in Task 3. • Phasing schedule and timeline for the list of projects developed in Task 3. • Financial capacity analysis of the City to determine the extent of local funding contribution that can be contributed by the City to match federal funds. • Identify sources of grant funding at the regional, state and federal level that can be sought by the City to leverage local investment. o Deliverable: Chapter 7 (Funding and Implementation) of the Final Report o Timeframe: 9 months from Notice to Proceed o Cost: $20, 000 TASK 7: Program Coordination TGC will provide the following efforts on an ongoing basis for a period of 12 months from Notice to Proceed: • Set meetings with stakeholders of the project including, but not limited to Brazoria County, H -GAC, TxDOT, Texas Medical Center, METRO, Gulf Coast Center, etc. • Explore the opportunity to set up the City as a grantee of the Federal Transit Administration if determined to be beneficial through the study process. • Outline steps necessary to pursue a Letter of No Prejudice from FTA that will provide the City with better opportunity to be successful in future pursuit of federal funds. • If necessary, accompany City staff to FTA offices in Fort Worth for an introductory meeting to familiarize FTA staff with the project and other transit -related efforts by the City. o Deliverable: No hard deliverables o Timeframe: Ongoing for a period of 12 months from Notice to Proceed o Cost: $25,000 Budget Description Task Description Cost 1 Workshops/Background $10,000 2 Demand Analysis and Operating Plan $10,000 3 Site Layout and Joint Development $10,000 4 Benefit/Cost $15,000 5 Partnership Framework $25,000 6 Funding/Implementation $20,000 7 Program Coordination $25,000 Total Cost $115,000* * 50% of total budget will be paid using federal funds from Gulf Coast Center. City of Pearland will be responsible for $57,500 of total budget. Cost Breakdown Pearland Share GCC Share Total Budget Cost $57,500 $57,500 $115,000 THE GOODMAN CORPORATION EXHIBIT B Pearland Park and Ride Pro Forma Pearland Park and Ride Operating Plan Framework — Initial Four (4) Years of Service Assumptions for Phase I (500 park and ride spaces): • Initial three (3) year timetable to achieve ridership design levels (50/70/90) • Partial Turnkey operation through Private Sector turnkey provider' • Express Service to Texas Medical Center (TMC) with connections to downtown via Metro Rail • Initial H -GAC approval of C-MAQ Pilot Project funding to support first three (3) years of transit operations • Utilization of City of Pearland "fair share" of federal funding collected by Houston Metro in its capacity as the "designated recipient" of federal formula funding for the Houston UZA • Local contributions to sustain operations from City, County, and TMC • Transit fare reductions for city of Pearland residents • Hourly operating cost of $100 per hour during initial three (3) years and $120 per hour thereafter (clean diesel or CNG) Year 1: Anticipated ridership of 275 daily riders; 250 vehicles parked in lot; five (5) transit vehicles making a total of eight (8) AM and PM peak hour trips; 400 total seat availability with a 69% utilization rate. 1 City purchases vehicles outside of contract. Total Operating Cost = $1,040,000 (5 vehicles x 8 daily revenue hours = 40 daily revenue hours x 260 days = 10,400 annual revenue hours x $100 = $1,040,000) Revenue Projection = $500,500 (275 passengers x $7 average round trip cost x 260 days = $500,500) Net Project Cost = $539,500 (Total Operating Cost less Revenue Projection) CMAQ Year 1 = $377,650 (70% of Net Project Cost) Local Share = $161,850 (Pearland, TMC, County) Year 2: Anticipated ridership of 380 daily riders; 350 vehicles parked in lot; six (6) transit vehicles making a total of nine (9) AM and PM peak hour trips; 450 total seat availability with a 84% utilization rate. Total Operating Cost = $1,248,000 (6 vehicles x 8 daily revenue hours = 48 daily revenue hours x 260 days = 12,480 annual revenue hours x $100 = $1,248,000) Revenue Projection = $691,600 (380 passengers x $7 average round trip x 260 days = $691,600) Net Project Cost = $556,400 (Total Operating Cost less Revenue Projection) CMAQ Year 2 = $278,200 (50% of Net Project Cost) Local Share = $278,200 (50% of Net Project Cost) Year 3: Anticipated ridership of 490 daily riders; 450 vehicles parked in lot; seven (7) transit vehicles making a total of eleven (11) AM and PM peak hour trips; 550 total seat availability with a 82% utilization rate. Total Operating Cost = $1,456,000 (7 vehicles x 8 daily revenue hours = 56 daily revenue hours x 260 days = 14,560 annual revenue hours x $100 = $1,456,000) Revenue Projection = $891,800 (490 passengers x $7 average round trip x 260 days = $891,800) Net Project Cost = $564,200 (Total Operating Cost less Revenue Projection) CMAQ Year 3 = $282,100 (50% of Net Project Cost) Local Share = $282,100 (50% of Net Project Cost) Year 42 — Anticipated ridership of 600 daily riders; 550 vehicles parked in lot; nine (9) transit vehicles making a total of fourteen (14) AM and PM peak hour trips; 700 total seat availability with 86% utilization rate. Total Operating Cost = $2,246,400 (9 vehicles x 8 daily revenue hours = 72 daily revenue hours x 260 days = 18,720 annual revenue hours x $120 = $2,246,400) Fare Box Revenue = $1,248,000 (600 passengers x $8 average round trip x 260 days = $1,248,000) CCOC = $718,848 (32% of Total Operating Cost) Total Resources = $1,966,848 (Fare Box Revenue + CCOC) Local Share = $279,552 (Total Operating Cost less Total Resources) 2 Park and Ride Facility expanded to 1,000 space capacity during Year 3 + Fare Increase + Operating Cost increase to $120 per hour.