HomeMy WebLinkAboutContract 33833 :iTti'
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INTERLOCAL AGREEMENT
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-
rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called
"City," acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and
the Tarrant Regional Water District, hereinafter called "District", acting herein by and through Jim
Oliver, its duly authorized General Manager.
WITNESSETH :
WHEREAS, the District and the City have partnered to improve flood control, and provide
ecosystem improvement, urban revitalization, and recreation opportunities along the Trinity River in
an effort known as the Central City project(M&C G-15152);
WHEREAS, the District anticipates acquiring certain properties and structures that
currently belong to the private community and that are within the boundaries of the Central City
project;
WHEREAS, in preparation of the acquisition those properties and structures within the
Central City project, the District must conduct certain environmental inspections to include lead
base paint and asbestos assessments for the purpose of determining the fair market value of such
structures;
WHEREAS, the District has entered a remediation program known as the Voluntary Clean-
up Program (VCP) under the oversight of the Texas Commission on Environmental Quality
(TCEQ) for the property located within the Central City project;
WHEREAS, the use of Municipal Setting Designations allows for a state-evaluated clean-
up process for groundwater that is directed toward protection of human health and the environment
the City;
WHEREAS, where public drinking water is available, the potable use of perched
groundwater in designated areas should be prohibited to protect public health and welfare when the
quality of the groundwater presents an actual or potential threat to human health;
WHEREAS, public drinking water is available within the boundaries of the Central City
project and therefore it is desirable for a Municipal Setting Designation be obtained to achieve
closure within the VCP;
WHEREAS, the City is able to provide certain environmental services to the District for the
public purposes as stated herein;
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WHEREAS, Texas Government Code, Chapter 791 authorizes the formation of interlocal
cooperation agreements between governmental entities to perform governmental functions and
services; and
WHEREAS, the parties mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
PLiMose
The purpose of this Interlocal Agreement (Agreement) is for the City to provide lead base
paint and asbestos assessment for those properties and/or structures identified in Attachment"A" as
part of the Central City project and which the District seeks to acquire; and for the City to act as the
applicant and receiver of a Municipal Setting Designation pursuant to the City Code with such
boundaries as shown in Attachment`B".
2.
Term
The term of this Agreement is for a period of one (1) year commencing on the date the last
party executes this Agreement. This Agreement may be renewed annually upon the parties mutual
consent by each governing body.
3.
City's Duties
City agrees to perform the following services for the District:
A. The City shall designate a representative to coordinate with the District for the
work to be provided herein and render City decisions.
B. The City shall provide asbestos and lead base paint assessments of the structures
and/or properties identified in Attachment "A". The assessment report on each
individual property will be provided to the District within twenty-one (21) days
of completion of the site inspection.
C. The City shall apply for and use its best efforts to obtain a Municipal Setting
Designation (MSD) for the area identified and shown on Attachment `B" for the
purpose of acting as an institutional control mechanism for the District's
participation in the VCP. City shall be responsible for such MSD application and
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all requirements of obtaining such designation as required by City Code Sections
12.5-411 through 12.5-421.
4.
District's Duties
District agrees to perform the following services for City:
A. The District shall be solely responsible for acquiring such structures and
properties identified in Attachment "A".
B. District shall request asbestos and lead based paint surveys from the City and the
District shall use its best efforts to provide one (1) week's notice of such
requested time for the survey to be performed by City. If the District cannot
provide a week's notice for such survey requests then the City shall perform such
surveys as soon as is reasonably practicable and as determined by the City. City
shall not unreasonably deny District's request.
C. Prior to the assessment of any structure and/or property, District shall provide to
the City, a fully executed right-of-entry and site-access agreement for such
structure and/or property for the purpose of conducting such work in a form
acceptable to the City. The right-of-entry and site-access agreement shall be
executed by the owner and/or person in control of such structure and/or property
to which the City shall assess prior to the City conducting any work. Such
agreement shall release and hold harmless the City, its officers and agents from
and against any and all losses, damages, causes of action, suits and liability of any
and every kind which may arise due to any loss or damage to personal property or
personal injury and/or death arising out of, in connection with or occurring as a
consequence of the performance of such assessment.
D. The District shall be solely responsible for managing and conducting its
environmental remediation under TCEQ's rules and regulation under the VCP and
all applicable laws and regulations. The District shall work collaboratively with
the City in obtaining an MSD for the property as described in Section 3C.
E. The District shall remediate such properties within the MSD in accordance with
the Central City project guidelines and the VCP.
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5.
Compensation
As fair and complete compensation for the services to be provided by City pursuant to
this Agreement, District shall pay City one dollar ($1.00). Pursuant to the requirements of
Government Code §791.011(d)(3), the amount due City shall be paid from revenues available to
City in fiscal year 2006 through 2007.
6.
Termination
This Agreement may be terminated upon ten (10) days written notice to the other party.
7.
Liabilities
A. To the extent permitted by law, District shall be responsible for all work-related deaths,
injuries or diseases of District employees, and for property damage, personal injury or
death caused by such employees, relating to work provided pursuant to this Agreement.
B. To the extent permitted by law, City shall be responsible for all work-related deaths,
injuries or diseases of City employees, and for property damage, personal injury or death
caused by City employees or volunteers, relating to work provided pursuant to this
Agreement.
C. District shall be responsible for all property damages, repairs and replacement, personal
injuries and death caused by the use of District equipment and vehicles pursuant to this
Agreement.
D. City shall be responsible for all property damages, repair and replacement, personal
injuries and death caused by the use of City equipment and vehicles caused by City
employees or volunteers pursuant to this Agreement.
8.
Immunity
It is expressly understood and agreed that, in the execution of this Agreement, neither of
the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers and
functions. By entering into this Agreement the parties do not intend to create any obligations,
expressed or implied, other than those set forth herein and this Agreement shall not create any
rights in parties not signatories hereto.
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9.
No Third-Party Beneficiaries
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of this
Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts
or commitments.
10.
Non-assi nability
Except as otherwise expressly provided herein, this Agreement is non-assignable, and
any unauthorized purported assignment or delegation of any duties hereunder, without the prior
written consent of the other party, shall be void and shall constitute a material breach of this
Agreement.
11.
Entiret
This Agreement and all attachments incorporated herein by reference constitute the entire
Agreement by the parties hereunder, and any prior or contemporaneous oral or written
agreements shall be void.
12.
Severability
In case any one or more of the provisions contained in the Agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this Agreement, and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
13.
Venue
This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and the venue for any litigation arising from this Agreement shall be in Tarrant County,
Texas.
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f4��ll �U"RE �
14.
Authority
This Agreement is made for City and District as an Interlocal Agreement pursuant to
Chapter 791 of the Government Code of Texas.
15.
Authorization
The undersigned officers and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary actions extending such
authority have been duly passed and are now in full force and effect.
16.
Notices
Any notices (unless otherwise specified herein), bills, invoices or reports required by this
Contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the
address noted below:
If to the City: Brian Boerner, Director of the Environmental
Management Department, City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to the District:
17.
Modification
This Agreement may be modified by the mutual agreement of the parties, if the
modification is in writing and signed by City and District.
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CITY MEER
EXECUTED in triplicate in Fort Worth, Tarrant County, Texas.
CITY OF ORT WORTH TA T REGIO L WATER DISTRICT
LIBBY WATSbN JN O
ASSISTANT CI§YfV4ANAGER GENERAL M GER
DATE: - 0 , DATE: 7—a`5 — d�
APPROVED AS TO FORM APPROVED AS TO ORM
AND LEGALITY
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R-A
CHRISA R. LOPE BY: KEW
ASSISTANT CITY ATTORNEY ATTORNEY
ATTEST: ATTEST:
AR Y HENDRIX
CITY SECRETARY
Contract Authorization
Date
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ATTACHMENT A
IDENTIFIED PROPERTIES FOR ASSESSMENTS
Parcel ID Owner Name Property Address
1 Stronghold Properties Ltd, 110 Arthur St
2 Phemister,Rick Etux Caroline 115 Arthur St
3 Phemister,Rick Etux Caroline 119 Arthur St
4 Vreeland,James Franklin 200 Arthur St
7 Carroll,Richard 205 Arthur Sl
8 Carroll,Richard 205 Arthur St
18 Stronghold Properties Ltd, 308 Arthur St
25 Bucks Wheel 8 Equipment Co, 112 Com
mercia1 St
28 Bucks Spring Service Co, Ile Commercial St
27 Bucks Spring Service Co, 120 Commercial St
28 Bucks Wheel d Equipment Co, 124 Commercial St
29 Bucks Wheel d Equipment Co, 128 Commercial St
32 Turas Towing Properties,Ltd 205 Commerdal SI
33 Bucks Wheel d Equipment Co, 220 Commercial St
37 Lawrence Living Trust, 101 Greenleaf St
38 Williams-Pyro Irrc, 200 Greenleaf St
40 217 Partners Llc, 217 Greenleaf St
48 Commercial Net Lease Really LP 1111 Jacksboro Hwy
49 Stardoem Mfg Inc, 1001 N Calhoun St
SO Stardoem Mfg Inc, 1005 N Calhoun St
51 Tarrant Courcy, 900 N Commerce St
55 Stanfoem Mfp Inc, 1000 N Commerce St
58 StanKoam Manufacturing:no, 1012 N Commerce St
57 StarKoem Manufacturing Ino, 1014 N Commerce St
58 Stanfoam Manufacturing Ino, 1017 N Commerce St
80 Mexican Inn,N2 812 N Henderson St
84 Turner Arvin W Jr Test Trust, 800 N Henderson St
85 Ghoghaie,Karim 801 N Henderson St
87 Overseas Orders Henderson Jv, 921 N Henderson St
e8 Rubin,Jack 8 Bernard Rubin Es 930 N Henderson St
89 Rubin,Jack 8 Bemard Rubin Es 930 N Henderson St
70 Rubin,Jack 8 Bernard Rubin Es 930 N Henderson SI
71 Rubin Children Pdnshp Etal, 930 N Henderson St
72 Bailey Properties Inc, 1000 N Henderson St
73 Elmore,Jerry L 1001 N Henderson St
77 McKinley,Louise Tr 815 N Houston St
79 Texas Refinery Corp, 841 N Houston St
83 Texas Refinery Corp, 000000 N Main St
:5
Texas Refinery Corp, 000000 N Main St
90 Beene,Judy J 819 N Main St
91 Brumley,William R 820 N Mein St
92 Beene,Judy J 827 N Main St
93 Texas Refinery Corp, 840 N Main St
94 Taos Holdings, 900 N Main St
95 904 R-T Lie, 904 N Main St
98 Oneal Drilling Co Inc, 920 N Main St
97 Tarrant Tierra Partners Ltd, 935 N Main St
99 Sadler,James M 8 C L Morison 1001 N Main St
101 St Louis Southwestern RR Co, 000000 N Throckmorton Sl
102 Commercial Metal Company, 801 N Throckmorton St
104 Commercial Metals Company, 707 N Throckmorton St
108 McKinley,Louise Tr 801 N Throckmorton St
108 Daniel,J L 808 N Throckmorton St
109 McKinley,Louise Tr 901 N Throckmorton St
110 McKinley,Loulae Tr 901 N Throckmorton St
111 MMM Group LIG 505 NW 5Th St
113 Radioshack Corporation, 205 NW 7Th Sl
127 Texas Towing Properties Ltd, 200 Viola St
128 Texas Towing Properties Ltd, 204 Viola St
133 Samsi,Jeno T 1801 White Settlement Rd
135 Shilling,L V d J K Line 1850 While Settlement Rd
138 Sztamenits,Gabor 1854 While Settlement Rd
137 B 8 J Real Estate, 1901 While Settlement Rd
138 8 8 J Real Estate, 1905 While Settlement Rd
139 Vallejo,Roland Etux Belinda 1909 White Settlement Rd
141 2000 While Settlement Lp, 2000 While Settlement Rd
142 Sarosl,Jeno 2001While Selllement Rd
143 2005 While Settlement Road LLC 2005 While Setllemenf Rd
145 WESTSIDE TRIM-Joe Guana 2117 White Settlement Rd
149 Shekell,Stephanie A 8 T Coote 2419 While Settlement Rd
150 John Bell Enterprises Inc, 2420 While Settlement Rd
155 Cramer,Karen Beth 2500 While Settlement Rd
157 Cremer,Elizabeth d Judson A 2510 While Settlement Rd
180 Fort Worth and Western Railway
183 Saint Louis,Southwestern Railway Company of Texas
187 Fort Worth end Westem Railway
189 Fort Worth end We:m Railway
171 Fon Worth and Western Railway
172 Szlamenits,Gabor 921 N Henderson St
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ATTACHMENT B
BOUNDARY DESCRIPTION OF THE MSD
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base map: CITY OF FORT WORTH GEOGRAPHIC INFORMATION SYSTEM
Miles oltophobgraphy: 2005 NORTH CENTRALTEXAS COUNCIL OF GOVERNMENTS
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/18/2006
DATE: Tuesday, July 18, 2006
LOG NAME: 52TRINITYREGWTR REFERENCE NO.: C-21563(Revised)
SUBJECT:
Approval of Interlocal Agreement with the Tarrant Regional Water District for Provision of Services
for the Trinity River Vision Project by the Environmental Management Department
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an interlocal agreement with
Tarrant Regional Water District (TRWD) for the City's provision of environmental services to the District
relating to the Trinity River Vision Project.
DISCUSSION:
The Tarrant Regional Water District will be acquiring the properties needed for the Trinity River Vision
Project.
As part of the City's match for the Trinity River Vision Project, the City will provide lead based paint and
asbestos assessments for approximately 70 properties and/or structures that the TRWD seeks to acquire
for project. The Department of Environmental Management will use Industrial Hygiene and Safety
Technology, Inc., (City Secretary Contract No. 27526) to provide these services at an estimated cost
$150,000.00. Funding for this work will be from the Environmental Management Fund (R103).
The TRWD will enter properties needing environmental remediation in the Texas Commission on
Environmental Quality's (TCEQ) Voluntary Cleanup Program (VCP). The District will be responsible for
managing and conducting the environmental remediation under TCEQ's VCP rules and regulations. The
District will remediate such properties in accordance with the Central City project guidelines and the VCP.
The City will act as the applicant and receiver of a Municipal Setting Designation for the entire project area
to aid the District with remediation and necessary closure under the VCP.
The agreement is for a period of one year and may be renewed annually upon the consent by each
governing body. The TRWD will pay the City the sum of$1.00 for the provision of these services.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the Department of Environmental Management will be
responsible for the collection of revenues under this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006
Page 2 of 2
GG01 481306 0521000 $1.00
Submitted for City Manager's Office by: Libby Watson (6199)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Brian Boerner (6647)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006