HomeMy WebLinkAboutR2008-065 2008-04-28RESOLUTION NO. R2008-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INDEMNITY AGREEMENT ASSOCIATED WITH THE
COWART'S CREEK DIVERSION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Indemnity Agreement by and between the City of
Pearland, Brazoria County and Brazoria Drainage District No. 4, 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 Indemnity Agreement with Brazoria County and Brazoria
Drainage District No. 4.
PASSED, APPROVED and ADOPTED this the 28th day of April, A.D., 2008.
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TOM REID
MAYOR
ATTEST:
UNCt
TY S RETA
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Letter of Indemnity
Cowart Creek Diversion
Dear Mr. Roberts:
As you know the City of Pearl and ("City") and Brazoria Drainage District No. 4
("BDD4") are working together to develop the Cowart Creek Diversion project. This
includes the construction of a detention facility and the removal of a substantial amount
of spoil by truck. The City and BDD4 have agreed to include alternate hauling options in
the invitation to bid for the project, which will be outlined as below.
Alternate A: Off Road Option — Material will be moved from the detention site
along the off road route over road crossings located at Brazoria County Road 143
and Brazoria County Road 128 as indicated on the attached map.
Alternate B: On Road Option — Material will be moved from the detention site
along the on road haul route which traverses Brazoria County Roads 100 and 143
from the detention site to the spoil sites.
The hauling of such material normally requires the transporting entity to obtain
heavy hauling permits from Brazoria County secured by commercial bonding companies.
Brazoria County has decided to waive the need for the City and Drainage District No. 4
to obtain such permits in consideration of the following assurances.
The City/BDD4 shall, on their own behalf, and on behalf of their contractors and
subcontractors act as self -insurer and to indemnify and hold Brazoria County harmless
from all damages or injury of any kind which may result to the County by reason of any
failure on the part of the City/BDD4 comply with any of the terms and provisions of the
Brazoria County Heavy Hauling regulations or by reason of negligence of the
City/BDD4, its agents or employees in transporting the above described heavy loads.
The City/BDD4 will promptly pay all reasonable damages to Brazoria County,
Texas directly caused by the transporting of heavy loads over and across the Brazoria
County roads referenced above including damages to bridges and other structures.
City/BDD4 further agree that should additional road surfacing material or reinforcement
to existing bridges and structures be required as a result of use by the City/BDD4, such
work shall be done entirely at the expense of the City/BDD4 and under the direction of
the County Engineer. The City and BDD4 in cooperation with Brazoria County have
estimated the reasonable damages payable to Brazoria County, Texas directly caused by
the transporting of heavy loads over and across the Brazoria County roads referenced
above including damages to bridges and other structures. Payment of these damages will
be divided equally between the City and BDD4. The parties agree that the damages
incurred in both alternatives shall not exceed the following amounts.
Alternate A: Off Road Option — $16,000.00
Alternate B: On Road Option $285,000.00 ($190,000/mile for 1.5 miles)
The City/BDD4 am-ee to comply with the Uniform Traffic Act of the State of
Texas and laws of the State of Texas when operating pursuant to this agreement.
The agreement shall remain in effect until the conclusion of the construction of
the Cowart Creek Diversion project.
Approved this 23 day of p ; `i \ , 2008.
City of Pearland
CU Approved this B day of MAY
, 2008.
Braze 'a Dr age District No. 4
Agreed and accepted this i 3 dogy of 44 Pr -2V , 2008.
Geia'td Roberts, Brazoria County
Engineer