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CONTRACT NC.
026
1N T ERLOCAL AOG�3EEMEVAT ETWE =N THE CITY OF FORT WORTH AND THE CITY OF
NENBROOK FOR A FLOOD STUDY Or A PORTIO I OF MARY'S CREEK
This Agreement is entered into by and between the City of Benbrook ("Benbrook"),
acting by and through Andy Wayman, its duly authorized City Manager, and the City of Fort
Worth ("Fort Worth"), acting by and through Fernando Costa, its duly authorized Assistant
City Manager, both of Tarrant County, State of Texas. Benbrook and Fort Worth may be
referred to herein individually as a "Party", or collectively as the "Parties."
WHEREAS, this Agreement is made under the authority of Sections 791.001-791.029,
Texas Government Code; and
WHEREAS, each governing body, in performing governmental functions or in paying
for the performance of governmental functions hereunder, shall make that performance or
those payments from current revenues legally available to that Party; and
WHEREAS, the Federal Emergency Management Agency publishes Flood Insurance
Rate Maps showing areas subject to flooding determined by hydrologic and hydraulic models
derived from accepted, or effective, flood studies; and
WHEREAS, the effective hydraulic model of Mary's Creek identifies vast areas of
flooding and numerous structures subject to flooding along the creek from the U.S. Highway
377 crossing to the confluence with the Clear Fork Trinity River; and
WHEREAS, both Benbrook and Fort Worth have recognized the need for a re -study of
this portion of Mary's Creek and development of more accurate hydrologic and hydraulic
models (hereinafter referred to as the "Study"); and
WHEREAS, both Parties desire to designate Fort Worth as the single governmental
entity to administer the contract for this Study; and,
WHEREAS, both Parties have agreed to share costs on an equitable basis;
WHEREAS, Fort Worth published a Request for Qualifications in November 2007 and
selected Freese Nichols, Inc., ("Engineer") as the Engineer qualified to perform the Study;
and
WHEREAS, Benbrook and Fort Worth now desire to enter into this Agreement to
provide for the division of costs for the Study in accordance with the terms and conditions of
this Agreement; and
WHEREAS, the Parties find that the performance of this Agreement is in the common
interest of Benbrook and Fort Worth, that the undertaking will benefit the public and that the
division of costs and/or responsibilities fairly compensates the performing Party for the
services or functions under this Agreement; and
Fort Worth &Benbrook
Interlocal Agreement
August 20, 2009
Page 1 of 3
O1TY SEGRETAR�°
FT. WORTH, Tit.
NOW, THEREFORE, Benbrook and Fort Worth agree as follows:
1. Fort Worth agrees to enter into a contract with Freese & Nichols, Inc., to undertake
said Study for a total contract fee of $243,046.00, including $220,819.00 for basic
Study tasks and $22,227.00 for application of a Letter of Map Revision (LOMR) to
FEMA if both parties so elect.
2. Benbrook agrees to reimburse Fort Worth within thirty (30) days of receipt of
invoices for same for its share of the costs of the Study, based upon invoices
received by Fort Worth from the Engineer; provided that the maximum payment by
Benbrook to Fort Worth under this contract shall not exceed $52,456.00 for basic
Study tasks and $11,113.00 for a LOMR application.
3. Both parties agree that a LOMR application will not be authorized unless both
parties agree that they desire to do so at the conclusion of the basic Study tasks.
4. Nothing in the performance of this Agreement shall impose any liability for claims
against Benbrook or Fort Worth other than claims for which the Texas Tort Claims
Act may impose liability.
5. Upon completion of the Project, Fort Worth and Benbrook shall remain responsible
for administration of each City's floodplain ordinance within each Parry's respective
city limits.
6. The Parties do not intend for any third party to obtain a right by virtue of this
Agreement.
7. By entering into this Agreement, the Parties do not intend to create any obligations
expressed or implied other than those set out herein; further, this Agreement shall
not create any rights in any party not a signatory hereto.
8. Nothing contained in this Agreement is intended by the Parties to create a
partnership or joint venture between the Parties and any implication to the contrary
is hereby expressly disavowed. It is understood and agreed that this Agreement
does not create a joint enterprise, nor does it appoint any Party as an agent of any
other Party, for any purpose whatsoever.
9. This Agreement becomes effective when signed by the last Party whose signing
makes the Agreement fully executed and remains in force and effect until the
completion and acceptance of the Project unless otherwise terminated.
(Remainder of Page Intentionally Left Blank)
Fort Worth &Benbrook
Interlocal Agreement
August 20, 2009
Page 2 of 3
IN WITNESS WHEREOF, the parties hereof have executed this Agreement in
duplicate originals this 1 S! day of 0 C� • , 2009.
ATTEST:
Marty Hen & ix
City Secretary
Date:
Authorization: t c2l3`11kP 06H05
ATTEST:
Joa na King
Secretary
Date: S?' � •o �
Authorization:
Fort Worth & Benbrook
Interlocal Agreement
August 20I 2009
Page 3 of 3
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Amy J. R�(is�
Assistant City Attorney
CITY OF BENBROOK
Andy Wayman
City Manager
oFFocIAL REcoRo
CITY SECRETARY
CT !f0l)IPT�#. TX
M&C Review
Page 1 of 2
• � ��
Official site of the City of Fort Worth, Texas
FORT��ORT_F1
DATE: 9/22/2009 REFERENCE C-23796 LOG NAME: 20SWMMARYSCREEKPLAN
NO..
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize an Engineering Agreement with Freese &Nichols, Inc., in the Amount of
$243,046.00 for the Lower Mary's Creek Master Plan and Authorize an Interlocal
Agreement with the City of Benbrook to Share the Cost of the Engineering Agreement
2. Execute an Interlocal Agreement with the City of Benbrook under which Benbrook will participate in
an amount up to $63,569.00 ($52,456.00 for basic study tasks and $11,113.00 for optional additional
work) for its share of the cost of the Engineering Agreement.
DISCUSSION:
In order to manage stream flooding, detailed open channel studies are required to determine runoff
rates and flow depth, to verify and correct Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Maps and to develop a master plan for each stream consisting of channel
improvements, detention and other measures which can remove buildings from the floodplain and
make roadway crossings safer.
In November 2007, a request for qualifications was advertised for open channel studies. Twenty-
three statements of qualifications were received and Freese &Nichols, Inc., was selected to prepare
the Lower Mary's Creek Master Plan, Storm Water Study SWS-009, in order to address roadway,
home and business flooding along this creek.
A review of new FEMA maps indicates that Mary's Creek appears to have an incorrect floodplain
shown at its confluence with the Clear Fork Trinity River, putting numerous houses in the floodplain in
Ridglea Country Club Estates in Fort Worth and Benbrook. The basic scope of work will include a re-
study of Mary's Creek in this vicinity to correct the FEMA map and reviewing and updating a previous
Corps of Engineer study which recommended various channel improvements to reduce flooding.
Optional work, if agreed to by both cities, will include preparing documents to obtain a FEMA Letter of
Map Revision. Freese &Nichols, Inc., proposes to perform this study for alump-sum fee of
$243,046.00. City staff considers this fee to be fair and reasonable for the scope of services
proposed, based on the size of the watershed and length of the stream.
The City of Benbrook has agreed to participate in study costs through an Interlocal Agreement.
Based on the work being performed with the City of Benbrook, it was determined that Benbrook's pro-
rata share is $52,456.00 for the basic study tasks and $11,113.00 for the optional additional work, for
a total maximum participation by the City of Benbrook of $63,569.00. The Storm Water Utility Fund
will be used to fund Fort Worth's portion of this study.
Freese &Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 13
percent M/V1/BE participation. The City's goal for this project is 13 percent.
This project is located in COUNCIL DISTRICT 3 and in the City of Benbrook.
http://apps.cfwnet.org/council packet/mc review.asp?ID=12139&councildate=9/22/2009 9��gi�nnq
M&C Review
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that, funds are available in the current
operating budget, as appropriated, of the Storm Water Utility Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office by;
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
SWS-009 Marys Creek Map. df
FROM Fund/Account/Centers
1) PE69 531200 0209202 $179,477.00
Fernando Costa (6122)
William Verkest (7801)
Greg Simmons (7862)
http://apps.cfwnet.org/council packet/mc review.asp?ID=12139&councildate=9/22/2009 9/�9/2�(19