HomeMy WebLinkAboutR2024-250 2024-12-09Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38
RESOLUTION NO. R2024-250
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
Brazoria County for traffic signal maintenance and operation.
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
Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Interlocal Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 9th day of December, A.D., 2024.
,-DocuSigned by:
�F-SGB85&5C2PA75...
J. KEVIN COLE
MAYOR
ATTEST:
DocuSigned by: :Frakat-S WAY
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
DocuSigned by:
`� E93EA89Sg&1-FR1BG...
DARRIN M. COKER
CITY ATTORNEY
Docusign Envelope ID: 392FF24B-FD8B-45E3-8D2A-3374427F0014
Docusign Envelope ID: 093C41 EF-F25A-4852-AEF8-0549543BCC29
BRAZORIA COUNTY - PEARLAND
INTERLOCAL AGREEMENT
FOR
ROUTINE MAINTENACE AND OPERATION OF
TRAFFIC SIGNALS
This Interlocal A reement is made between the City of Pearland, Texas and Brazoria County,
Texas is effective this day of bC- , 2024 entered into by and between the City of
Pearland (hereafter the "City") acting through its City Council; and Brazoria County (hereafter the
"County") acting through its Commissioners Court, pursuant to Texas Government Code §791.011 in
that it contemplates the furnishing of governmental functions and services between the parties as defined
by Texas Government Code §791.003 (3) (C), (I), (J), and (N).
Whereas, City and County acknowledge that both entities have an interest in public safety and
transportation located within City's incorporated limits and it's ETJ; and
Whereas, City and County acknowledge that the growth within the City's ETJ has increased the need for
the signalization of intersections; and
Whereas, City and County acknowledge that the locations identified by description or exhibit herein,
(collectively, the "Intersections"), are currently located within multiple jurisdictions and/or
municipalities; and
Whereas, City and County previously entered into interlocal agreements ("Prior Agreements"), which
are stated below, and
Whereas, City and County acknowledge the need to enter into a mutual agreement for the construction,
maintenance, and repairs associated with the signalization of the Intersections.
I. INTERSECTIONS
A. Signalized Intersection: The Intersections are located throughout the City, its ETJ, and/or
adjacent municipalities and have current operational elements or elements contemplated in the
future.
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Docusign Envelope ID: 392FF24B-FD8B-45E3-8D2A-3374427F0014
1. Prior Agreements:
a. The following locations and their maintenance are subject to existing Agreements.
This Agreement replaces all prior Interlocal Agreements related to operation,
maintenance, repairs and construction.
i. CR 59 (Magnolia Pkwy) at CR 90
ii. CR 59 (Magnolia Pkwy) at CR 94
iii. CR 59 (Magnolia Pkwy) at CR 566 (Business Ctr. Dr./Southfork
Pkwy)
iv. CR 59 (Magnolia Pkwy) at CR 111 (Kirby Dr.)
v. CR 48 at CR 58
vi. CR 48 at CR 174M (Rio Lindo St./Palm Desert Dr.)
vii. CR 59 (Magnolia Pkwy) at CR 48
viii. CR 101 (Bailey Rd.) at CR 94
ix. CR 101 (Bailey Rd.) at CR 89
x. CR 101 (Bailey Rd.) at CR 90
b. City and County will share the operation, maintenance and repairs of these signals
as set forth in Exhibit A-1.
2. Additional Intersections:
a. All additional current or proposed intersections are made part of this agreement
and referenced via attached Exhibits A-1, & B-1 thru B-10.
b. City and County will share the operation, maintenance and repairs of these signals
as set forth in Exhibit A-1.
B. Intersection Components: Each Intersection described herein shall include, but not be limited
to, the following components:
1. Mast arms and poles or span wires and poles;
2. Signal related signage;
3. Signal heads, connections and wiring;
4. Cabinets and controllers;
5. Electrical service, meter pole, and electrical disconnect;
6. Detection devices, advanced warning devices, communication infrastructure and
illumination, if required;
7. Pedestrian poles, buttons, signage, and demarcation;
8. Traffic management software.
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Docusign Envelope ID: 392FF24B-FD8B-45E3-8D2A-3374427F0014
II. RESPONSIBILITIES OF THE PARTIES
A. The City shall be responsible for the following:
1. Provide 24 Hour on -call emergency response to all Intersections, should the need arise.
The contact number for after-hours response is 281-997-4100;
2. Provide all labor, equipment, material, and parts necessary for preventative maintenance,
maintenance, and/or repair(s) to all Intersections described in Exhibit A-1. In the event,
labor cannot be performed by City employees, City may, following notification of County,
contract work to maintain the Intersections.
3. Provide Shared Funding Participation Percentages for the Intersection maintenance and
repairs as described in Exhibit A-1.
4. Submit to County for payment, at the end of each Fiscal Year, of any Intersection
maintenance or repair work, an invoice equal to the cost of the maintenance and/or repairs
(including parts after subtracting the City's Shared Funding Participation Percentage as
described in Exhibit A-1;
5. Except in the event of an emergency repair, City shall notify County, of any single
Intersection repair resulting in an expenditure in excess $10,000.00, prior to making the
repair. Notification of emergency repairs shall be provided to County within 48 hours
following the repair. Notifications described herein shall be made to the County Engineer
or his designee by email at waelt@brazoriacountytx.gov or phone number 979-864-1265;
6. Provide continued electrical service, in City's name, where electrical service is currently
provided by City.
7. Provide County any revisions to the City's design and construction standards prior to the
design and construction of any new signalization at future intersections included in this
Agreement.
8. Provide County, through its Engineering Department,
i. within 48 hours, notice of any accident involving damage to a signal covered under
this Agreement;
ii. the accident report for such accident, if Pearland Police Department is the
responding agency, including any gathered information on the responsible party
and any insurance coverage;
iii. a report detailing the repairs to be completed for the signal, and an estimated price
for the work, including costs for labor;
iv. any photos taken at the time of the accident or during the repair process;
3
Docusign Envelope ID: 392FF24B-FD8B-45E3-8D2A-3374427F0014
v. reports covering any maintenance completed on the signal for the 6 months prior to
the accident, including a description of work completed and any invoices for the
same;
vi. as soon as is practicable, an invoice and itemized accounting of the cost of repairs
due to damage caused during the accident; and
vii. any other documents held by the City which may serve to help the County in
attempts to recover damages;
9. At all times practicable, cooperate with the County in its attempts to recover damages
caused to the equipment the subject of this agreement.
B. The County shall be responsible for the following:
1. Except where provided by City, provide electrical service, in Brazoria County's name.
County will provide notice to the electrical provider of City's right to access and control
electrical service at said locations. If County enters into an agreement with any other
agency or entity (i.e., HOA or MUD), County shall maintain electrical service and seek
reimbursement from the respective agency or entity.
2. Maintain all roadways, including non -signal related signage and striping required for
Intersections with signals, and described herein, where the County maintains said roadway.
County shall maintain said locations, including adjacent roadways, at the currently
applicable regulatory standard and regulations.
3. Pay, upon receipt of yearly invoice from City for Intersection maintenance or repair work,
County's Shared Funding Participation as shown in Exhibit A-1.
4. County shall pay any pro -rata cost for necessary software upgrades, maintenance costs,
communication infrastructure, or operations center hardware necessary to operate the
locations described herein within the City's traffic signal network.
5. Design and construct future intersections (as described herein) to meet City Standard
Specifications at the time of design. Prior to construction, County shall provide design
plans for new signals that will be included in this Agreement. The distribution of cost for
new intersection signals construction shall be determined by separate agreement between
City and County prior to construction of the improvements.
6. Shall use its best effort to secure intersection maintenance and repair agreements, similar
to this Agreement, with adjacent municipalities.
7. At its sole discretion, pursue claims for reimbursement of the costs of repairs arising from
third -party damages to the Intersections.
4
Docusign Envelope ID: 392FF24B-FD8B-45E3-8D2A-3374427F0014
8. In the event that the County successfully obtains funds in reimbursement of damages to a
signal for which this Agreement provides for cost sharing as identified in Exhibit A-1,
County will reimburse City at the same ratio as the cost -share, except as provided in Section
9 below.
9. In the event that any claim for reimbursement is filed as a cause of action in a District or
County Court of Law, the County shall be entitled to recover its court costs and fees, to
include attorney time, before any reimbursement is paid out in accordance with Section 8
above.
10. The County shall provide an accounting of claims pursued at the end of each fiscal year.
III. PAYMENT CATEGORIES
A. There are three payment categories for this agreement:
1. Inventory — The County will fund the upfront purchase of three controller cabinets to
keep in stock at its facility (e.g. North Service Center) for use in emergencies. The City
will invoice the County once a year at the time of the ILA renewal.
2. Service Requests — These are the repair tasks assigned to the City to perform on a time
and materials basis, per the following list of rates. The City will invoice the County
within 30 days following completion of the service:
a. Traffic Signal Technicians (NE15): $21.61-$29.08. These rates are applicable during
working hours7:00 am -4:30 pm, Monday to Friday. For emergency and outside working
hours, the rate is 1.5 per hour (NE15).
b. Traffic Superintendent (E008): $41.61-$49.08
c. Traffic Timings Consultant: $165.00-$250.00
3. Routine Maintenance — These are the routine maintenance tasks that the City performs
twice a year at each Traffic Signal. The City will invoice the County once a year at the
time of the ILA renewal.
IV. FUTURE CONSIDERATIONS
A. This Agreement shall be limited the Intersections described herein, subject to the incorporation of
future intersections and signalization improvements by separate written amendment of this
Agreement.
B. Upon City's annexing a portion of its ETJ located in an Intersection, the supply of electricity along
with the maintenance and/or repair of the signalization subject to this Agreement shall become the
5
Docusign Envelope ID: 392FF24B-FD8B-45E3-8D2A-3374427F0014
sole obligation and responsibility of City and documented accordingly by amendment to this
Agreement.
C. This Agreement will be amended, in writing, to remove any intersection location made part of this
Agreement that are annexed, in whole or in part, by any adjacent Cities.
V. MISCELLANEOUS
A. City and County recognize and agree that nothing herein shall be construed to create any rights in
third parties.
B. The Parties expressly agree that no party shall have the right to seek indemnification or
contribution from any other party hereto for any losses, costs, expenses, or damages directly or
indirectly arising, in whole or part from this Agreement.
C. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to
be effective and valid under applicable law, but if any section, subsection, paragraph, sentence,
clause, phrase, work or portion of this Agreement 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 erect the validity of the
remaining portions thereof,
D. The Rights and obligations of this Agreement shall not be assigned without prior written consent
of City and County.
E. This Agreement and all obligations created hereunder shall be performable in Brazoria County,
Texas.
F. This Agreement shall be construed and enforced in accordance with and governed by the laws of
the State of Texas.
G. This Agreement shall be binding upon and inure to the benefit of the parties and their
administrators, agents, employees, successors and assigns permitted by this Agreement.
H. City and County agree that any payments for the performance of governmental functions or
services shall be from current revenues available to the paying party and further that such payments
shall fairly compensate the performing party for the service or materials it supplies provided for
the other party's benefit.
I. City and County acknowledge and agree that each party shall furnish the services promised, in
compliance with City and County guidelines, and timely provide funding as promised herein.
However, all funding under this Agreement shall be subject to the availability of current fiscal year
revenue or bond revenue and the appropriation of such revenue by the governing bodies of the
parties hereto.
6
Docusign Envelope ID: 392FF24B-FD8B-45E3-8D2A-3374427F0014
Brazoria County, Texas
a —Signed by:
By:
�C007E89964A6419...
L.M. (Matt) Sebesta, Jr.
County Judge
Nov 13, 2024
Date:
City of Pear lan Fexas
By:
r030D12DC740420...
Name: Trent Epperson
Title: City Manager
Date: 12/10/2024 I 7:54 AM CST
Amendment 1
Brazoria County - Pearland
Interlocal Agreement for
Traffic Signal Routine Maintenance and Operations
*Shared Funding Particpation
EXHIBIT # A-1
Map
Exhibit #
B-1
B-2
B-3
B-4
B-5
B-6
B-6
B-7
B-8
B-9
B-10
Intersection Location
Participation
County
Pearland
Overal Signal Locations
CR 59 (Magnolia Pkwy) @ CR 90
CR 59 (Magnolia Pkwy) @ CR 94
CR 59 (Magnolia Pkwy) @ CR 566 (Business Center Dr./Southfork Pkwy)
CR 59 (Magnolia Pkwy) @ CR 111 (Kirby Dr.)
CR 48 @ CR 58
CR 48 @ CR 174M (Rio Lindo St./Palm Desert Dr.)
CR 59 (Magnolia Pkwy) @ CR 48
CR 101 (Bailey Rd.) @ CR 94
CR 101 (Bailey Rd.) @ CR 89
CR 101 (Bailey Rd.) @ 90
100%
100%
50%
50%
50%
100%
50%
100%
50%
100%
0%
0%
50%
50%
50%
0%
50%
0%
50%
0%
*Funding participation criteria is as follows:
Traffic signals that are completely outside the City limits: The County shall fund 100% of the
maintenance fees.
Traffic signals that are on the border line with another jurisdiction: The City and the County
shall split the maintenance fees 50/50.
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NOTE Ins mantas an o.nerrn la, yea con,e.-inaolre v.wr nn not Krefeld 'eaten cans &maw ce
OM CO( allude oYv nag can Minh, pawls.a Mvaenn ad4nnq wan Iepl,ea
ce
CR 107
SpEIVA CUFF
.n.niclayloEa
Q
C,p
R 92
9227 SA
DRip
NW
Oxgm Cr z
00
CL
Cie
�O
V
DCRESTDR
R
/cardiac d
tea scan at a Ince
tiro a an eaann
a,al,elerer<e o,l
and
Eraroria County
Engineering
Traffic Signal
Interlocal
CR 101! CR 94
Signal Location
October 8, 2024
Kxllibit WR
awls lantlions
Roads
•• Stel•flec
cc— Masai C TJ
any Units
WHIM
ISM
— Caste Re
- CrAiclar
0 75 150 300 Feel
1 , Iii
CR 89 CHOCOLATE BAYOU RD
CR 101 EYRD
CR 89 CHOCOLATE BAYOU RD
NOTE TnsmpN% Wen dm<eted lot ae emrolenoo oltnoplboc nn n:I ntpNtd N bean cern4S den Won of ne enx' ipUlen o' client at a.rtea gc 00411 nntan Mr Oa'a dMdedav:n a: a bs,May line pan deimon. n to Mwa edelpae odr end
does nd adueebttennd an, 1e,mM van" oe devabm celtdea. nnm mwtea
Brazoria County
Engineering
Traffic Signal
Interlocal
CR IOU CR 89
Signal Location
October R. 2024
I:�hibiO 13 9
Sirinot ROSIN
ttylletAI
0 65 130 260 Feel
I I
CR 218 N RTON DR
fr9
CRF
Sc4,
4/2•O
‘9
R
C U
O Y U
CO J QS
k
CR 222 SOUTHWESTERN RD
CR 114J SUMMERLAND DR
BIG iS AND CR 9
CR
0? 0
o
in
73 A
nD
101
08 *ICON Ub WS
O
U
m
79NU
CHIN, DR
G -C
O.4CI\
r/
ct-
et
C12 79H GLENHIL
DR
O'1C0elt
NOTE TM myhn Wen o.nwn.dro.tlY eowvn'.n.alb. pubic II is notiamaM NM to be on *par. a to exact
oe o 10.101 any fe o shown Juno*, Mg atao.paes
wl,such.touMnn. ylo. on elev.li:n.is la *oilraven 0.Y/end
an not neuaoaysn °Tad ernes. owns, of aoe.lonaNlatc%vA.ne.yeed
Rrezoria County
Engineering
Traffic Signal
Interlocal
CR 101/ CR 90
Signal lactation
October 8, 2024
Exhibit B-10
s5P.t..m..
i.YN —sisal
—.WY WI
" «4.m... �osa/Hd
— al.Yll.
Roads
- SW He
A.
..—.C40 WNW,
Cie Y.a.
"Gael
n.j
oiwnn
ICMTAND
0 75 150 300 Fool
l e r I e I e 1