R2010-141 - 2010-10-250 1 ire GIMM s o M" I MC MV
Section 1. That certain indemnity agreement by and between the City of
attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an indemnity agreement.
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Letter of Indemnity
Cowart Creek Diversion
Dear Mr. Roberts:
As you know the City of Pearland("City")and Brazoria Drainage District No. 4
("BDD4") are working together to develop the Cowart Creek Diversion Project(the"Project").
The work includes the construction of a detention facility,the removal of a substantial amount of
spoil by truck,the necessary crossings of Brazoria County roads,and cutting and rebuilding of
Brazoria County roads. The Project alignment intersects the following three Brazoria County
Roads(the"Roads") as described below:
CR 143,CR 100, and CR 327
To facilitate the construction of the Project at the intersection of the roads(the"Roads"),
major road closures and large"open cuts"must be made. Work of this magnitude normally
requires the Contractor to obtain permits from Brazoria County secured by commercial bonding
companies. Brazoria County has elected to waive the need for the City and BDD4 to obtain such
permits and commercially secured bonds in consideration of the following assurances.
To the extent allowed by law, the City/BDD4 shall,on their behalf, and on behalf of their
contractors and subcontractors act as self-insurers to indemnify and hold Brazoria County
harmless from all damages which may result to the County by reason of any failure on the part of
the City/BDD4 to comply with any of the terms and provisions of the Brazoria County
Subdivision Regulations,Road Standards,and/or applicable standard/current road construction
practices, or by reason of negligence of the City/BDD4,their agents or employees in repairing of
the above described Roads.
To the extent allowed by law,the City/BDD4 shall promptly pay all reasonable damages
to Brazoria County,Texas that may be directly caused by the inadequate or non-repair to the
Roads at their intersection with the Project,including damages to bridges. 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 performed 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 that may be directly caused by inadequate repair(or non-repair)of the Roads
including damages to bridges. Payment of damages contemplated herein shall be divided equally
between the City and BDD4 after the City/BDD4 have had an opportunity to review and agree to
the County's damage estimate. The parties agree that the damages incurred in both alternatives
shall not exceed the following amounts.
Failure to Repair Costs
CR 143—$38,113.34
CR 100—$38,113.34
CR 327—$38,113.34
*Please note that these amounts DO NOT include the cost of the pipe or box
culvert that is designed to be installed. Brazoria County shall simply repair the
damages to conditions similar to those that existed prior to the open cut at each
location.
Inadequate Repair: To Be Determined in the Field
*This amount shall be determined after appropriate testing is completed,but only if
during the course of repair Brazoria County reasonably determines that construction
failed to meets the guidelines set forth by the Brazoria County Subdivision Regulation,
the County Engineer, or Standard Road Construction practices.
This amount shall also be determined in proportion to the"Failure to Repair Costs"listed
above. Additionally, each Road shall be considered independent of the others in
determining any cost described herein.
The City/BDD4 shall submit to Brazoria County(for each location)the following
documents for Approval,prior to the start of any repair construction.
1. Simple Plan and Profile depicting the limits of repair;
2. Cross Section indicating materials to be used and depths of construction;
3. Brazoria County Permit Paperwork, including adequate and acceptable Traffic
Control Plans ; and
4. This Signed Document.
The City/BDD4 agree to comply with the Uniform Traffic Act of the State of Texas and
laws of the State of Texas when operating pursuant to this letter.
This letter shall remain in effect until the conclusion of the construction of the Project.
Approved this day of ,2010.
City of Pearland
Approved this day of ,2010.
Brazoria Drainage District No. 4
Agreed and accepted this day of ,2010.
Gerald Roberts,Brazoria County
Engineer