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HomeMy WebLinkAboutContract 39306 C.'tCRETARY ''-= 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 Party'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 lnterlocal Agreement August 20,2009 Page 2 of 3 i ! y IN WITNESS WHEREOF, the partiep hereof have executed this Agreement in duplicate originals this_J!S�!4day of , 2009. ATTEST: CITY OF FORT WORTH M�fO L� Marty Hen ix Fernando Costa City Secretary Assistant City Manager Date: Authorization: APPROVED AS TO FORM AND LEGALITY: Amy*ttorney Assis ATTEST: CITY OF BENBROOK Joa na King Andy Wayman Secretary City Manager Date: 'R- 2.6 'o Authorization: Fort Worth& Benbrook Interlocal Agreement August 20,2009 Page 3 of 3 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTH �M COUNCIL ACTION: Approved on 9/22/2009 DATE: 9/22/2009 REFERENCE C-23796 LOG NAME: 20SWMMARYSCREEKPLAN NO.. CODE: C TYPE: NOW 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 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute an Agreement with Freese & Nichols, Inc., in the amount of$243,046.00 for the Lower Mary's Creek Master Plan; and 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 a lump-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/WBE 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. 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 FROM Fund/Account/Centers 1 PE69 531200 0209202 $179.477.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest(7801) Additional Information Contact: Greg Simmons (7862) ATTACHMENTS SW---S-009 Marys Creek_MaD.pdf