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HomeMy WebLinkAboutContract 43425-A2City Secretary Contract No. 43425-A2 SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT (CITY SECRETARY CONTRACT NO.43425) (TIF Financing of Trinity River Vision — Central City Project) TRWD Funding of Engineering Services for Environmental Study This SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT ("Second Amendment") is entered into between the City of Fort Worth ("City"), a home rule municipal corporation organized under the laws of the State of Texas, and Tarrant Regional Water District ("TRWD"), a water control and improvement district organized under the laws of the State of Texas. Each of the City and TRWD is sometimes hereinafter referred to as a "Party" or collectively as the "Parties." RECITALS The Parties hereby agree that the following statements are true and correct and constitute the basis upon which the Parties have entered into this Second Amendment: A. TRWD and certain other parties, including the City, Tarrant County, and the U.S. Army Corps of Engineers ("USACE"), are currently engaged in the planning and implementation of a flood control project covering certain lands in the City known as the "Trinity River Vision — Central City Project," as amended and defined in the Final Supplement No. 1 to the Final Supplemental Environmental Impact Statement dated March 6, 2008, prepared by the Fort Worth District of the USACE (the "TRV Project). B. On July 20, 2012, the Parties entered into a certain Interlocal Cooperation Agreement, City Secretary Contract No. 43425 ("Agreement"), pursuant to which TRWD agreed to provide certain funding for franchise utility relocations undertaken or contracted for by the City in connection with the TRV Project, with the understanding that TRWD would be entitled to reimbursement of such funding pursuant to and in accordance with the Project Cost Funding Agreement dated on September 29, 2010 between TRWD and the Board of Directors of Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas, (the "Trinity River Vision TIF"). C. On December 11, 2013, the Parties entered into the First Amendment to the Agreement ("First Amendment"), to expand the categories of reimbursement -eligible work for Trinity River Vision TIF funding pursuant to the Trinity River Vision TIF project plan, to include, but not limited to, the following: water and sanitary sewer relocations, bridge and roadway improvements, and lighting and landscaping improvements, all which were related to the TRV Project and defined as "City TRV-Related Work." The First Amendment also allowed TRWD to provide the City with funding for these added categories of City TRV-Related Work in accordance with the provisions related to franchise utility relocations, with the understanding that TRWD will OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX also be entitled to reimbursement of one hundred percent (100%) of its funding for the City's work pursuant to and in accordance with the TIF Agreement. D. The TRV Project requires certain floodplain areas along the Trinity River east of Downtown Fort Worth as hydraulic valley storage to provide necessary floodwater protection, which includes excavation, fill, and ecosystem restoration enhancements to the zones identified in Ordinance No. 18975. E. The Parties desire to commission environmental engineering service providers to prepare environmental site assessments and other necessary reports for submission to the Texas Commission on Environmental Quality ("TCEQ") in preparation for performing future environmental site remediation on an as needed basis in TIF Zone #9B, defined as "City TRV- Related Environmental Assessment Work." F. Site E, commonly referred to as the "Riverside Oxbow," is one of several hydraulic valley storage floodplain sites in TIF Zone #9B. The Riverside Oxbow currently has low levels of environmental contamination. The City must submit an Affected Property Assessment Report ("APAR") to TCEQ before the City and TRWD can begin future remediation activities in the Riverside Oxbow. G. The City and TRWD desire to engage TRWD's environmental engineering service provider to prepare an APAR for Site E, and submit it to TCEQ in preparation for future potential Riverside Oxbow contamination remediation cleanup efforts, if needed. H. Accordingly, the City and TRWD wish to execute this Second Amendment to the Agreement to expand the definition of reimbursable "Project Work" to include engineering services for environmental assessments, environmental cleanup planning, or related environmental engineering costs, with environmental engineering costs being comprised of sampling, cost estimating, and coordination with appropriate agencies. I. The City and TRWD wish to execute this Second Amendment with the understanding that because both TRWD and the City have expended or allocated their respective available local budgets for such work, the costs of the environmental assessment will be reimbursed through the TIF after its prior obligations are satisfied, should sufficient revenues become available. J. Additionally, the City and TRWD wish to execute this Second Amendment to the Agreement to detail cost -sharing for engineering services for environmental assessments, including, but not limited to, cost -sharing for engineering services for the Site E environmental assessment. K. This Agreement is authorized by Sections 791.001 through 791.029 of the Texas Government Code. The performance of this Agreement by the Parties will be in the common interest of the Parties and will benefit the general public. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficient of which is hereby acknowledged, the Parties agree as follows: 1. The Parties hereby find and agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Agreement. 2. The definition of "Project Work" under the Agreement is hereby amended to include engineering services for environmental assessments, environmental cleanup planning, or related environmental engineering costs, which shall include, but are not limited to, sampling, cost estimating, and coordinating with appropriate agencies, by amending Recital E of the Agreement in its entirety to be and read as follows: E. The City wishes to undertake or contract for certain work comprising a portion of the TRV Project that is eligible for TIF funding pursuant to the TIF Project Plan, generally consisting of engineering services for environmental assessments, environmental cleanup planning, or related environmental engineering costs. Related environmental engineering costs shall include, but are not limited to, sampling, cost estimating, and coordination with appropriate agencies. Eligible TIF Project Plan work shall also include franchise utility relocations, as well as, but not limited to, water and sanitary sewer relocations, bridge and roadway improvements, and landscaping and lighting improvements, all of which are related to the TRV Project (the "Project Work"). TRWD is willing to provide the City with certain funding for the Project Work (the "TRWD Funding"), with the understanding that TRWD will be entitled to reimbursement of one hundred percent (100%) of the TRWD Funding from the TIF District pursuant to and in accordance with the TIF Agreement. Accordingly, the City and TRWD wish to enter into this Agreement to memorialize the process by which the Project Work will be undertaken and funded. 3. The Parties agree that, subject to mutual written agreement between the Parties, TRWD and the City shall pay the costs for engineering services for environmental assessments, environmental cleanup planning, or related environmental engineering costs. The Parties agree that related environmental engineering costs may include, but are not limited to, sampling, cost estimating, and coordination with appropriate agencies. The Parties agree to pay the costs proportionally, according to the ownership interest each Party has in the property that is the subject of the environmental assessment and cleanup planning. 4. TRWD shall engage its engineering vendor for the Site E environmental assessment and cleanup planning services. The City shall pay TRWD for the City's portion (i.e., an equal split) of the Site E environmental assessment, cleanup planning, and related environmental engineering costs. TRWD shall not reimburse the City for the City's costs related to the Site E environmental assessment and cleanup planning services. J The Parties agree that the City's payments for all Project Work, including the Site E Project Work, are subject to, and limited by, Fort Worth City Council approved appropriations. TRWD shall invoice the City upon completion of the Site E Project Work. City shall reimburse TRWD within 45 days after receipt of TRWD's Site E Project Work invoice. 6. All terms in this Second Amendment that are capitalized but not defined shall have the meanings ascribed to them in the Agreement. 7. All terms and conditions of the Agreement that are not expressly amended pursuant to this Second Amendment shall remain in full force and effect. (signatures on next page) EXECUTED to be effective as of the last date indicated below. CITY OF FORT WORTH: TARRANT REGIONAL WATER DISTRICT: ✓iv, Wks- By Valerie Washington (May 14, 2025 14:22 CDT) By. Dan Buhman (May 14, 2025 10:38 CDT) Valerie Washington Dan Buhman Assistant City Manager General Manager Date: 05/14/2025 APPROVED AS TO FORM AND LEGALITY: R ke vi'r By. M. Kevin Anders, II (May 14, 2025 13:15 CDT) M. Kevin Anders, II Assistant City Attorney M&C: Date: April 22, 2025 Form 1295: N/A 4d444Iln� ATTEST:o °° a°n��66G�4 cr By: Jannette S. Goodall City Secretary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Nixa Benitez Title: Environmental Supervisor OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A Riverside Oxbow Map N 0 0.5 1 A mmmr77mmmff= Miles Z w LU 18 28TH z 183 J At Ul) \9�z Z...L r ui 0 Z w \Ry w 0 1-4. 377 26 K 1ST Lp,NCASTER 18d' J � 1�L z MEADOWBROOK ROSEDALE w J J Exhibit A. TIF Zone #9B "Riverside Oxbow" Copyright 2025 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data.