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R75-17 04-28-75RESOLUTION NO. 75-17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING THE COMMISSIONER'S COURT OF BRAZORIA COUNTY TO WITHHOLD SUBMITTING THE LANDEV FLOOD PLANE STUDY TO THE FEDERAL INSURANCE AGENCY, AND REQUESTING THE COMMISSIONER'S COURT TO CONSIDER THIS STUDY INCOMPLETE. WHEREAS, Michael Baker, Jr., Incorporated, Beaver, Pennsylvania, Consulting Engineer, was commissioned by the Federal Insurance Agency to prepare an official 100 Year Flood Map for Brazoria County, and WHEREAS, the Brazoria County flood area designated by Michael Baker, Jr. was based on the 1913 Brazos River flood, and WHEREAS, this flood area was deemed unrealistic by the Brazoria County Commissioner's Court, and WHEREAS, on March 12, 1975 the Brazoria County Commissioner's Court selected Landev Engineering, Incorporated to perform a flood study to repudiate the findings of Michael Baker, Jr., Incorporated, and WHEREAS, a map indicating the finding of the Landev Study was displayed for.: Commissioner Billy Griffin, Precinct No. 3, at his office in Alvin, Texas on Wednesday, April 23,1975, and WHEREAS, the City of Pearland feels that the flood area indicated on the Landev Map does not realistically express the true flood condition in the City of Pearland, and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: That the Commissioner's Court of Brazoria County not submit the Landev Study to the Federal Insurance Agency until a more accurate appraisal is made of the land elevations and proposed flood water elevations in Pearland, and that the Commissioner's Court consider the Landev Study incomplete and as such, ineligible for the fees and payment as expressed in Section 5 of the Brazoria County Landev Engineer's Contract. 1, PASSED, APPROVED and ADOPTED this the ,g/ day of ATTEST: City Secret , A. D. 1975. Mayor 2. - 5 I I' AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS 0 COUNTY OF H.ARRIS 0 THIS AGREEMENT made and entered into and executed this the 12th day of March, 1975, by and between Brazoria County, Texas acting hereby by and through its Commissioners Court, E. E. Brewer, County Judge, who is duly authorized so to act for and in behalfof'Brazoria County, Texas, hereinafter called the "OWNER", and LANDEV ENGINEERS, INC., a Texas Corporation, hereinafter called the "ENGINEER". WITNESSETH, that whereas the OWNER intends to provide preliminary 100 year flood plain delineations of Brazoria County., Texas for use in preparation of official HUD Flood Hazard Boundary Maps. Data to be supplied to Michael. Baker, Jr.,Inc., Beaver, Pa., Consulting Engineer, who has been commissioned by F.I.A. for preparation of official documents. Such work is hereinafter called the "PROJECT". r, NDW, THEREFORE, the OWNER and the ENGINEER in consideration of. mutual covenants and agreements herein contained do mutually agree as follows: ,SECTION I - EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER and the ENGINEER agrees to perform professional engineering services in connection with the Pro- ject, as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the sections to follow. SECTION II - CHARACTER AND EXTENT OF SERVICES The ENGINEER shall render the following professional services. I. Gathering existing available hydraulic information on II. Evaluate collected data and determine 100 year flood plain levels for all major streams shown on the U. S. Geological Survey Quadrangle Maps. III. Prepare a report containing the following information: (a) An explanation and enumeration of the data gathered. (b) A set of U. S. Geological Survey Maps (35 sheets) showing the extent of the estimated 100 year flood. (c) A profile of the major streams showing the estimated 100 year water surface profile. IV. Furnish fifteen (15) copies of the Report and Map Sets to •the Commissioners Court. V. Upon the Courts approval, a representative of LANDEV ENGINEERS, INC. will deliver said Report and Map Sets to Michael Baker & Associates and confer as deemed reasonably necessary to obtain consideration of submitted data• for incorporation into. the official•H. U. D. Flood Hazard Boundary Maps. SECTION III - PERIOD OF SERVICE The servicescalled for in Section II of this Agreement will be completed, and the Report and Maps submitted May 1, 1975. SECTION IV = COORDINATION WITH THE OWNER The ENGINEER shall hold periodic conferences with the OWNER, or his representatives, to the end that the Project, as perfected, shall have full benefit of the OWNER's experience and knowledge of existing needs and facilities, and be consistent with his current policies. OWNER shall pr❑vide assistance in obtaining access to public records relating to the Project. SECTION V - FEES AND PAYMENT For and in consideration of the services•to be rendered by the :hereinafter set forth. Lump sum of Forty One Thousand ($41,000.00) Dollars payable upon delivery of fifteen (15) copies of Report and Map Sets and completion of all items defined in Section II. SECTION VI - OWNERSHIP OF DOCUMENTS All documents, including original drawings, field notes and data are and remain the property of the OWNER as instruments of service. The ENGINEER may retain reproducible copies of drawings, and copies of other documents. SECTION VII - ARBITRATION OF DISPUTES Should any dispute arise hereunder between'the OWNER and the ENGINEER as to any of the terms of provisions of this Agreement or the obligations of the parties hereunder, the OWNER and the ENGINEER shall submit such dispute to arbitration as follows: A. The OWNER and the ENGINEER shall each appoint an arbitra- tor, who together shall select a third arbitrator. 8. Arbitrators shall have full power to investigate such dis- pute, hear witnesses, examine papers, drawings and documents, and take professional expert opinion thereon and shall arbitrate and decide such dispute to carry out the intentions of the parties and do justice between them. Their decision shall be a condition precedent to any court action. C. In the event arbitrators are unable to agree upon the selec- tion of the third arbitrator, or having selected such arbitratory, the three arbitrators are unable to reach an agreement, then the arbitration shall be considered to. have been exhausted. SECTION VIII - TERMINATION The OWNER may terminate this agreement at any time by a notice in writing to the ENGINEER. Upon receipt of such notice, the ENGINEER shall, unless the notice directs otherwise, immediately discontinue all proceed to cancel promptly all existing orders and contracts insofar as such orders ❑r contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the ENGINEER shall submit a statement, showingin detail the services performed under this Agreement to the date ❑f termination. The.DWNER shall then pay the ENGINEER promptly that proportion ❑f the prescribed fee which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the fee as have been previously made. Copies of all completed or partially completed Report and Maps prepared under this Agreement shall be delivered t❑ the OWNER when and if this Agreement is terminated, but subject to the re- strictions, as t❑ their use as set forth in Paragraph VII above. SECTION IX - SUCCESSOR AND ASSIGNMENTS The. OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and. to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agree-. meet; except as above, neither the OWNER nor the ENGINEER shall assign, sublet or transfer his interest in this. Agreement without the written consent ❑f the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. IN TESTIMONY OF WHICH this instrument has been executed ❑n behalf of the above -named ENGINEER; and has been executed on behalf of the OWNER, in triple counterparts each of equal force, on the day and year first above written. o ' g Ogden ass,, -. -� Attorney C ))-rina4L t 1r2il7. APPROVED BY > 4 e 144 Ra Ga 1 Jr -.,County Auditor LANDEV ENGINEERS, INC. ENGINEER 1-\T]ESH Title: BRAZORIA.000NTY, TEXAS • OWNER E. E. Brewer, County Judge APPROVAL AS TO FORM ATTEST: BY ATTEST: d ATTEST: