HomeMy WebLinkAboutContract 39306-A1 v ' CITY SECRETARY,, ,,
CONTRACT N0. DO-r+I
AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND THE CITY OF
BENBROOK FOR FLOOD STUDY OF MARY'S CREEK
This First Amendment ("Amendment No. 1") to the Interlocal Agreement (M&C
C-23796) (City Secretary Contract No. 39306) ("Interlocal 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, Texas. Benbrook and Fort Worth may be referred to herein
individually as a"Party," or collectively as the "Parties."
WHEREAS, the Interlocal Agreement and this Amendment No. 1 are 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 Parties find that the recitations of the Interlocal Agreement are
incorporated herein; and
WHEREAS, this Amendment No. 1 amends the Interlocal Agreement; and
WHEREAS, the Interlocal Agreement called for the selection of a qualified
engineer to perform a hydrologic and hydraulic study of the lower part of the Mary's
Creek from West Vickery Boulevard to U.S. Highway 183 but excluded evaluation of the
proposed Water Reclamation Facility (the "Original Study"); and
WHEREAS, Amendment No.I calls for assessing flood risks from the proposed
Water Reclamation Facility discharging to Mary's Creek; and
WHEREAS, Fort Worth selected Freese & Nichols, Inc. ("Engineer") to perform
the Original Study; and
WHEREAS, the Engineer has made satisfactory progress toward completion of
the Study; and
WHEREAS, both Benbrook and Fort Worth have recognized the need for
extending the Mary's Creek study area; and
WHEREAS, this Amendment No. 1 will extend the limit of the Original Study
area up to the Fort Worth City Limits ("Expanded Study"); and
Fort Worth & Benbrook OFFICIAL RECORD
Amendment 1-Interlocal Agreement CITY SECRETARY
January , 2012 FT. WORTH, TX J
Page 1 of 3
05-01 -1 � A11 : 24 IN
WHEREAS, Fort Worth and Benbrook desire to enter into this Amendment No. 1
to provide for the division of costs for the Expanded Study in accordance with the terms
and conditions of the Interlocal Agreement.
NOW, THEREFORE, Benbrook and Fort Worth agree as follows:
1. Fort Worth agrees to amend its Professional Services Agreement with Freese &
Nichols, Inc., to undertake the Expanded Study for an additional fee of
$281,173.00, including $209,780.00 for basic Expanded Study tasks, $16,518.00 for
Additional Services to address Original Study review questions by the U.S. Army
Corp of Engineers, $17,858.00 for Resolution of Discharge Discrepancy to address
flow frequency changes in the Clear Fork of the Trinity below Lake Benbrook, and
$37,017.00 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 Expanded Study based upon
invoices received by Fort Worth from the Engineer; provided that the maximum
payment by Benbrook to Fort Worth under this Amendment 1 shall not exceed
$57,101.00 for Expanded Study Tasks and $9,254.00 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 Amendment No. 1 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 Study, 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
Amendment No. 1.
7. By entering into this Amendment No. 1, the Parties do not intend to create any
obligations expressed or implied other than those set out herein; further, this
Amendment No. 1 shall not create any rights in any party not a signatory hereto.
8. This Amendment No. 1 does not waive Benbrook's rights under a legal theory of
sovereign or governmental immunity; nor does it waive the City's rights under a
legal theory of sovereign or governmental immunity.
9. Nothing contained in this Amendment No. 1 is intended by the Parties to create a
partnership or joint venture between the Parties and any implication to the contrary
Fort Worth & Benbrook
Amendment 1-Interlocal Agreement
January , 2012
Page 2 of 3
is hereby expressly disavowed. It is understood and agreed that this Amendment
No. ldoes not create a joint enterprise, nor does it appoint any Party as an agent of
any other Party, for any purpose whatsoever.
10. This Amendment No. 1 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 Study unless otherwise terminated.
IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate
originals.
CITY OF BENBROOK: CITY OF FORT WORTH
V- '-, //",- '--�e;�L'
Andy Wayman Fernando Costa
City Manage Assistant City Manager
Date: —7/012 Date: /
ATTEST: RECOMMENDED BY:
Joa na King \\��`��. ' • •:. ��.!i� Dou�-gfas'yv. Wiersig
Ci Secretar)&,-4 o�p0RATE 'fyN Director, Transportation Public orks
APPROVED AS TO FORM
L LIT
Douglas W.
Black—Assistant City Attorney
Date: :- 2'1 - l
OFFICIAL RECORD
CITY SECRETARY ,dpO�af Sir�`��
FT. WORTH, TX ��•S 0 N4
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Fort Worth & Benbrook Ate vS o�,0
Amendment 1-Interlocal Agreement o d
January , 2012 4 L' Z� P� ° °000000°°o°*`Y ICY
Page 3 of 3 p'
Mary J. Ka City
517, 1
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT FI�
COUNCIL ACTION: Approved on 3/27/2012
DATE: 3/27/2012 REFERENCE ,C-25523 NAME: 20SWMMARYSCREEKAMENDMENT1
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 1 to Engineering Agreement with Freese and
Nichols, Inc., in the Amount of$281,173.00 for Watershed Study Associated with Proposed
Water Reclamation Facility in the Upper Portion of Mary's Creek, Thereby Revising the
Total Contract Cost to $524,219.00 for the Mary's Creek Master Plan, and Authorize
Execution of an Amendment to City Secretary Contract No. 39306, Interlocal Agreement
with the City of Benbrook, to Share Costs for this Amendment (COUNCIL DISTRICT 3)
RECOMMENDATION:
1. Authorize Execution of Amendment No. 1 to an Engineering Agreement with Freese and Nichols,
Inc., in the amount of$281,173.00 for a watershed study associated with the proposed water
reclamation facility in the upper portion of Mary's Creek, thereby, revising the total contract cost to
$524,219.00 for the Mary's Creek Master Plan; and
2. Authorize the City Manager to execute an amendment to City Secretary Contract No. 39306,
Interlocal Agreement with the City of Benbrook, to share costs for this Agreement in the amount of
$47,847.00 for the basic study tasks and $9,254.00 for optional work, for a total maximum
participation by the City of Benbrook of$57,101.00.
DISCUSSION:
This M&C addresses extending the on-going watershed study to include the proposed Water
Reclamation Facility in the upper portion of Mary's Creek watershed as part of a cooperative effort
with the Water Department, and the City of Benbrook. The purpose of the watershed study is to
determine the limits of the floodplain with new data and models, and evaluate flood mitigation
alternatives to protect buildings from flooding. The floodplain data has not been updated since the
last Flood Insurance Study in 1986. Currently, Stormwater Management is studying the lower portion
of Mary's Creek through a contract with Freese and Nichols, Inc. Survey data generated from the
study will also be used by the Water Department to meet the permitting requirement for the proposed
Water Reclamation Facility. The Lower Mary's Creek study was approved by the City Council, (M&C
C-23796) and executed by the City Manager with Freese and Nichols, Inc., on September 22, 2009.
Freese and Nichols, Inc., proposes to perform this study for a lump-sum fee of$281,173.00. The City
of Benbrook has agreed to participate in study costs through an amendment to its Interlocal
Agreement with the City Secretary Contract No. 39306. The City of Benbrook's share is $57,101.00,
with the remaining being the City of Fort Worth's share. Staff considers the study fee for the
amendment to be fair and reasonable for the scope of services proposed, based on size of the
watershed and length of the stream. The original study was funded through the Stormwater Utility
Fund. The current amendment will be funded through the Stormwater Utility Fund, with a 50-50 cost-
share with the Water Department for the $55,410.00 surveying fee.
Freese and Nichols, Inc., agrees to maintain the initial M/WBE commitment of 13 percent that it made
on the original Agreement and extend and maintain that same M/WBE commitment of 13 percent to
this first amendment. Therefore. Freese and Nichols, Inc., remains in compliance with the City's
M/WBE Ordinance and attests to the commitment by its signature on the Acceptance of Previous
M/WBE Commitment form executed by an authorized representative of its company.
This project is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Stormwater Utility Fund and the Water and Sewer Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE69 481142 0209000 $57,101.00 PE69 531200 0209202 $253,468.00
PE45 531200 0702501 $27,705.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Ranjan Muttiah (7919)
ATTACHMENTS
20SWM MarysCreekStudyAreas.pdf
CFW Benbrook ILA Amd1 12232011 dwbRevised 1 18 12 .pdf