R-2012-165-2012-11-26 RESOLUTION NO. R2012-165
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 26th day of November, A.D., 2012.
TOM REID
MAYOR
ATTEST:
`
Y G FIN , T C ':' '
SE ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2012-165
Exhibit"A"
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
current segment includes excavation of the Diversion Ditch between CR 100 and CR 101
and the removal of a substantial amount of spoil by truck. The City and BDD4 have
agreed to use on-road hauling for this segment of the project due to route constraints.
The haul route is outlined below and depicted on the attachment"Proposed Haul Road".
Material will be moved from the excavation site north of CR 100 along the on
road haul route which traverses Brazoria County Road 100 from just west of
Harkey Rd(CR 103)to the proposed fill site at the southwest corner of CR 100
and Veterans Dr(CR 143). The route of travel includes a crossing at CR-327.
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.
To the extent allowed by law,the City/BDD4 shall, on their own behalf, act as
self-insurers 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 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, its agents or
employees in transporting the above described heavy loads.
To the extent allowed by law,the City/BDD4 will promptly pay all reasonable
damages to Brazoria County, Texas that are directly caused by the transporting of heavy
loads over and across the Brazoria County roads referenced above (and on the attachment
"Proposed Haul Route") including damages to bridges and other structures. 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. Subject to the Additional Costs described herein,the parties agree
that the damages incurred shall not exceed the following amount.
On Road Hauling—$285,000.00 ($190,000/mile for 1.5 miles)
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 ("Additional Costs"), such work shall be done entirely at the expense of the
Page 1 of 2
City/BDD4 and under the direction of the County Engineer. Payment of the Additional
Costs shall be divided equally between the City and BDD4 following approval of the
Additional Costs by the governing body of each entity.
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 agreement.
The agreement shall remain in effect until the conclusion of the construction of
the Cowart Creek Diversion project.
Approved this_2.6_th day of November , 2012.
41 -
City of 'earland, Bill Eisen
i�771 A City Manager
/l Approved this 16 day of VEA.92 , 2012.
lab/A6, , v i / h...
,_____
Br. fJanae District No. 4
Agreed and accepted this Z day of C' c_"(-v►--P✓, 2012.
j-CMidi attic•
Gerald Roberts, Brazoria County
Engineer
Page 2 of 2
F:\Doto\2008\08052 COWART CREEK REGIONAL POND\EXHIBITS\Phase III Haul.dwg August 21, 2012 3:52:01 PM Bob Garcia T.
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