HomeMy WebLinkAboutContract 39306 C.'tCRETARY
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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