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HomeMy WebLinkAboutContract 34811... �.. .\! : -�.t�.-i..-_..�-�.. A�1 Y"_ `6� �.;OP�J 1`� + '� i, .� 6 � �`�, ;�: �� iv0 . � `� �! I INTERLOCAL COOPERATIVE AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF FORT WORTH for SUSTAINABLE DEVELOPMENT TRANSPORTATION INFRASTRUCTURE PROJECT WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with NCTCOG and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, it is the goal of the RTC to encourage and provide opportunities to develop sustainable development projects throughout the region; and, WHEREAS, on April 13, 2006, the RTC approved staff recommendations for selected projects for implementation of the Sustainable Development Program in the Dallas-Fort Worth Metropolitan Area for the implementation of transportation improvements related to sustainable development projects, land banking and local sustainable development planning programs; and, WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides authority for the North Central Texas Council of Governments, and the City of Fort Worth to enter into this agreement for the provision of governmental functions and services of mutual interest; and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance, which is attached hereto and made a part of this Agreement as Appendix A; and, WHEREAS, on September 14, 2006, the RTC approved action on the Transportation Improvement Group Scope for the Trinity Bluff Streetscape Project, and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Parties. This Interlocal Cooperative Agreement, hereinafter referred to as the "Agreement", is made and entered into by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG", and the Lead Public Sector Sponsor, the City of Fort Worth, hereinafter referred to as the "SPONSOR". NCTCOG and the SPONSOR may each be referred to as a"Party", and may be collectively referred to as "Parties" to this Agreement. - .- . ^ ^, �',' � � � � ;;:Ic , ' '` r,�, i v����L � l �s i� C �);`-: t, �� �v � ��� � r- �; �1— ri�� �;'S�� ���t �'��:;, ��' � u ��� °''°����,��, ����, �.;�;;,� � � 2. Term of Agreement. 2.1 Scope of Service. The SPONSOR covenants and represents to the NCTCOG that the SPONSOR shall implement a Sustainable Development Transportation Infrastructure Project as applied for in the Call for Projects hereinafter referred to as the "LAND USE DEVELOPMENT" as provided for in Appendix A of this Agreement. Additionally, the SPONSOR covenants and represents to the NCTCOG that the SPONSOR shall implement a Sustainable Development Transportation Infrastructure Project to be funded under this Agreement with the NCTCOG which shall hereinafter be referred to as the "INFRASTRUCTURE PROJECT" as provided for in the general Transportation Improvement Group Scope as provided for in Attachment 6 of the Governing Body Resolution located in Appendix A of this Agreement. 2.2 Time of Performance. The SPONSOR shall not commence performance of any portion of the INFRASTRUCTURE PROJECT, nor incur any costs or obligations associated with those services, until the SPONSOR has received a written Notice to Proceed from NCTCOG. All work and services required by this Agreement shall be performed between the effective Notice to Proceed date and the identified completion date, provided in the Project Milestones, unless otherwise mutually agreed to in writing by NCTCOG and the SPONSOR. Work performed after May 1, 2009 may not be eligible for reimbursement. 2.3 Termination. Either party reserves the right to terminate this Agreement in whole or in part. Notice of termination must be provided in writing, shall set forth the reasons for termination, and shall provide for a minimum of 30 days to cure the defect. Termination is effective only in the event the party fails to cure the defect within the period stated in the termination notice including any written extensions. If the Agreement is terminated, NCTCOG shall only be liable for payment for services rendered before the effective date of termination, plus reasonable contract closeout costs, as mutually agreed upon. The Parties may terminate this Agreement at any time by mutual written concurrence. Parties also agree that should a necessitated switch from local funds to federal funds occur for the INFRASTRUCTURE PROJECT, this agreement will be terminated. 2.4 Closeouts. Closeouts shall occur upon completion of the Transportation Improvement Group Scope of the INFRASTRUCTURE PROJECT and complete receipt of payment and submittal of final closeout reports. Closeout of any or all projects under this Agreement does not invalidate any continuing obligations imposed by this Agreement. Proof of good faith efforts toward completion of the entire LAND USE DEVELOPMENT project may be required by NCTCOG to complete closeout. 3. Amendments. 3.1 Agreement. This Agreement embodies all of the agreements of the parties relating to its subject matter, and supersedes all prior understandings and agreements regarding such subject matter. 3.2 Severability. In the event any one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the Parties. 3.3 Changed Circumstances. If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the Parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this Agreement. 3.4 Modifications. Modifications to this Agreement must be agreed to in writing. 4. Budget OPTION 1 4.1 Funding/Reimbursement. The total INFRASTRUCTURE PROJECT cost estimate for this Agreement is $1,313,625. Upon SPONSOR'S request, NCTCOG agrees to reimburse SPONSOR 20% of the eligible INFRASTRUCTURE PROJECT costs after SPONSOR has incurred 80% of the total INFRASTURCTURE PROJECT costs. The NCTCOG shall reimburse the remaining 80% of the eligible expenses of the INFRASTRUCTURE PROJECT cost identified in the Transportation Improvement Group Scope, upon completion of the INFRASTRUCUTRE PROJECT and completion of other requirements set forth in this Agreement. Each party paying for the performance of governmental functions or services will make those payments from current revenues available to the paying party. Except as provided above, reimbursements shall not commence until sufficient documentation of active pursuit towards completion on the entire LAND USE DEVELOPMENT project has been provided. The required documentation shall include; a building permit consistent with the site plan in place for the LAND USE DEVELOPMENT that demonstrates evidence of a tangible sustainable development consistent with application; evidence of construction on the LAND USE DEVELOPMENT project; and verified completion of the NCTCOG funded INFRASTRUCTURE PROJECT. �,ry ,, ;,. v���c��1�;�� fs's�L;va'u � � �l� ��l;��l�l�`'��;%1 n,:�:n n U, �qn �T1`���`�i���Q I,I � �( , �u�/d�.UlOO LG�� Final requests for reimbursement must be received no later than 45 days after the completion date. Any invoices received subsequent to the afore mentioned date may be deemed ineligible. Reimbursement shall not exceed the maximum amount of RTC local funds approved for the INFRASTRUCTURE PROJECT. 4.2 Match/Notice to Proceed. The SPONSOR shall provide the required 20% local match as outlined in the Resolution, Appendix A. The SPONSOR shall provide a check payable to the North Central Texas Council of Governments in the amount of $262,725. A Notice to Proceed will be issued upon receipt of local match and compliance with Section 11.1. 4.3 Cost Overruns. Cost overruns are the sole responsibility of the SPONSOR. NCTCOG is not responsible for any costs other than as outlined herin. 5. Payments. 5.1 Ineligible Expenses. NCTCOG funds shall only be used for construction aspects of the INFRASTRUCTURE PROJECT. The SPONSOR will not be reimbursed for ineligible expenses which include but are not limited to: construction or rehabilitation of private buildings, artwork, fountains, installation and/or rehabilitation of water and sewer lines, parking garages, earthwork necessary to raise proposed buildings out of the floodplain, and other items not directly related to mobility. Expenditures such as staffing, travel, lobbying, permitting, land acquisition unassociated with transportation improvements, vehicles, advertising, billboards, consumables, and any other non-construction activities inconsistent with the intent of the Sustainable Development program are not eligible. 5.2 Eligible Expenses. Costs must be determined to be the reasonable, necessary, actual, and eligible costs of conducting an approved activity in accordance with the Transportation Improvement Group Scope item, Attachment 6 of Appendix A to be eligible for reimbursement. Eligible transportation infrastructure must be (a) physically located within or along the limits of the proposed developmentlredevelopment zone or, (b) located within walking distance of the proposed project (1/2 mile or less depending on site conditions), or (c) directly related to either the roadway or rail access necessary to make the development viable. 5.3 Availability of Funds. This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited to the receipt and availability of RTC local funds. If RTC Local Funds are not available due to a default of local funds being paid to NCTCOG, this contract shall terminate. 6. Rights. 6.1 Authority. The SPONSOR shall have no authority to act for or on behalf of the NCTCOG. No other authority, power, use, or joint enterprise is granted or implied. The SPONSOR may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of NCTCOG 6.2 Assignment. Without the prior written consent of the NCTCOG, the SPONSOR may not transfer or assign any rights or duties under or any interest in this Agreement. 6.3 Maintenance. The SPONSOR agrees to construct, own (or secure appropriate perpetual easement to protect the project from future activities of landowners), operate (as applicable), and maintain all facilities and/or restoration sites developed or improved pursuant to this Agreement. 7. Miscellaneous Provisions. 7.1 Indemnification. NCTCOG and the SPONSOR agree that neither party is an agent, servant, or employee of the other party and agrees it is solely responsible for its individual acts and deeds as well as the deeds of its contractors, employees, representatives and agents. 7.2 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by force majeure, defined as reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within reasonable time of the existence of such force majeure. 7.3 Contractual Relationship. It is understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership of joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.4 Blueprints/Designs. The SPONSOR shall provide the NCTCOG with copies and recent updates of any final blueprints or designs pertaining to the INFRASTRUCTURE PROJECT and LAND USE DEVELOPMENT upon request. 7.5 Insurance. The SPONSOR shall comply with the insurance requirements imposed by State and local laws, regulations, and ordinances. 7.6 Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.7 Disputes and Remedies. The SPONSOR and NCTCOG shall negotiate in good faith toward resolving any disputes that arise under this Agreement. 7.8 Public Comment Process. Public meeting and public hearing notices regarding the INFRASTRUCTURE PROJECT of the LAND USE DEVELOPMENT shall be provided to the Project Manager within five (5) days of publication. Meeting minutes, summaries of communication, and copies of written responses to public comments and questions shall be transmitted to the Project Manager within thirty (30) days following the meeting 7.9 Notice. All notices to either party by the other party required under this Agreement shall be in writing and delivered to the addresses shown below. A copy shall concurrently be provided to the Project Manager, provided on the Agreement Cover Sheet, of the party receiving notice. Either party's point of contact may be modified without requiring an amendment to the contract. NCTCOG Mailing Address: Michael Morris, Transportation Director North Central Texas Council of Governments Transportation Department P.O. Box 5888 Arlington, Texas 76005 Telephone No.: (817) 695-9240 Facsimile No.: (817) 640-3028 PUBLIC SPONSOR Mailing Address: Scott Bellen, Senior Planner Planning Department City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Telephone: (817) 392-6942 8. Design Standards/Certification. Physical Address: Michael Morris, Transportation Director North Central Texas Council of Governments Transportation Department 616 Six Flags Drive Arlington, Texas 76005 Physical Address: Scott Bellen, Senior Planner Planning Department, 210D City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Fax: (817) 392-8016 8.1 Design Guidelines. SPONSOR agrees to design, build, and maintain the INFRASTRUCTURE PROJECT in compliance with standards and procedures established by SPONSOR'S governing body. 8.2 Inspections. SPONSOR agrees to perform field inspections at appropriate intervals to be determined by SPONSOR to ensure project compliance with the standards and procedures established by SPONSOR'S governing body. Copies of such reports shall be provided to NCTCOG upon request. 8.3 Certification. As part of any reimbursement request, SPONSOR shall certify to NCTCOG/RTC that the project meets the standards and procedures established by SPONSOR'S governing body. 8.4 The SPONSOR shall ensure that all required documents of the INFRASTRUCTURE PROJECT, including but not limited to insurance certificates, performance or payment bonds, and required licenses and permits of a SPONSOR or the SPONSOR'S subcontractors be kept on file, current, and available to the NCTCOG upon request. Additionally, any relevant performance documents pertaining to the INFRASTRUCTURE PROJECT, such as correspondence, evaluations, reports submitted by the subcontractor and/or the SPONSOR'S contract administration team, payment requests, and copies of invoices shall be provided to the NCTCOG upon request. 9. Accessibility and Maintenance of Records. 9.1 The SPONSOR shall maintain a record keeping system for all of its activities, including program records and financial management records, which support and document all expenditures of funds made under this Agreement, in accordance with federal regulations, state rules, and the Interlocal Cooperative Agreement. This section shall not be interpreted to require maintenance of multiple exact duplicate copies of any record or document. 9.2 All records must be maintained for a minimum of three (3) years after PROJECT closeout. In the event that any litigation or claim is still pending before the expiration of the three-year period, these records shall be retained until resolution of the litigation or claim. NCTCOG and their duly authorized agents shall have access to all records that are directly applicable to this agreement for the purpose of making audit(s) examinations. 10. Audits or Evaluations 10.1 The SPONSOR shall provide NCTCOG, for its review, a copy of any audit received as a result of SPONSOR policy or audits of federal and state governments relating to the expenditure of grant funds. Such audits shall include or be accompanied by any applicable audit management letter issued and applicable responses to the auditor's findings and recommendations. All audits shall be submitted to NCTCOG within thirty (30) days of receipt of each issued report. 10.2 NCTCOG reserves the right to conduct financial and program monitoring of all awards to the SPONSOR and to perform an audit of all records, related to this Agreement. An audit by NCTCOG may encompass an examination of all financial transactions, all accounts and reports, as well as an evaluation of compliance with the terms and conditions of this Agreement. 11. Reports 11.1 The SPONSOR shall provide a list of Supporting Documentation for the INFRASTRUCTURE PROJECT and the LAND USE DEVELOPMENT to the NCTCOG Project Manager, prior to issuance of a Notice to Proceed which shall include; - Project Milestones and - Supporting Schedules. Site plan, Description of intent as to which building permit will be available for the LAND USE DEVELOPMENT at the end of the INFRASTRUCTURE PROJECT as part of the Reimbursement requirement, and Before condition photos and narrative report in a format provided by the NCTCOG. Supporting Documents may be adjusted without amendments to this Agreement. The SPONSOR shall submit to the NCTCOG Project Manager for approval updates to Supporting Documentation of the INFRASTRUCTURE PROJECT. 11.2 At Milestones, provided as consistent with the reporting procedures of the Local Government SPONSOR, the SPONSOR shall provide to NCTCOG a written progress report as agreed upon. Each Progress Report shall briefly describe the work accomplished, problems arising, proposed remedies for those problems, products completed, and the status of the schedule and budget for the project. The Progress Report shall be submitted within 30 days of a designated Milestone. 11.3 The SPONSOR shall provide a copy of building permit and the application for the permit to the NCTCOG within (2) two weeks of its availability. The permit will be reviewed for consistency to the original application. 11.4 Using a form prescribed by NCTCOG, the SPONSOR shall submit a Year-End Report, reflecting all program activity for each fiscal year of the INFRASTRUCTURE PROJECT until final completion. 11.5 Using a form prescribed by NCTCOG, the SPONSOR shall prepare a closeout report to document actual project costs and final program activities of the INFRASTRUCTURE PROJECT to NCTCOG. This report shall be provided to NCTCOG in the requested format no later than (60) sixty days of the SPONSORS project completion of the INFRASTRUCTURE PROJECT. 11.6 Using a form prescribed by NCTCOG, the SPONSOR shall prepare a status report to update activities of the LAND USE DEVELOPMENT to NCTCOG. This report shall be provided to NCTCOG in the requested format no later than (60) sixty days of the SPONSORS project completion of the INFRASTRUCTURE PROJECT. 11.7 Using a form prescribed by the NCTCOG, the SPONSOR shall submit a status report of the INFRASTRUCTURE PROJECT in April of 2011, five years after the initial RTC project approval in April of 2006. 11.8 All reports prepared by the SPONSOR shall be submitted to the NCTCOG Project Manager or their designee. ������:�Jc � r:s , r'y ,� � ,=: ��l'� ��1; i I�S��`�.+.+:' I'� cr.�; n n ���i�i w�ij Gl � IUi � � �� , �:r1; l'.� �L�� 12. Assurances. 12.1 Equal Employment Opportunity. The SPONSOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The SPONSOR shall take affirmative actions to ensure that applicants are employed, and that employees are treated, during their employment, without regard to their race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 12.2 Nondiscrimination on the Basis of Disability. The SPONSOR agrees that no otherwise qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The SPONSOR shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations regarding Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, set forth in 49 CFR, Part 27 and any amendments thereto. 12.3 Interest of Public Officials. No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 12.4 Noncollusion. The SPONSOR warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the SPONSOR breaches or violates this warranty, NCTCOG shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. 12.5 Gratuities. Any person doing business with or who, reasonably speaking, may do business with NCTCOG under this Agreement may not make any offer of benefits, gifts or favors to employees of NCTCOG. Failure on the part of the SPONSOR to adhere to this policy may result in termination of this Agreement. 12.6 Debarment/Suspension. The SPONSOR is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The SPONSOR and its subcontractors shall comply with the special provision "Certification Requirements for Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions," which is included as Appendix B of this agreement. 12.7 Restrictions on Lobbying. Recipients of these funds are prohibited from using those monies for lobbying purposes; the SPONSOR shall comply with the special provision "Restrictions on Lobbying," which is included as Appendix C of this agreement. The SPONSOR shall include a statement of compliance with the Lobbying Certification and Disclosure of Lobbying Activities in applicable procurement solicitations. Lobbying Certification and Disclosure of Lobbying Activities shall be completed by Third-Party contractors and included in Third- Party contracts, as applicable. 12.8 Minority and Women Business Enterprise. The SPONSOR shall comply with SPONSOR'S policies and procedures regarding Minority and Women Business Enterprise (MWBE) participation in carrying out this Agreement. Upon request, SPONSOR shall report MWBE participation. 12.9 Compliance with Regulations. During the performance of this Agreement, the SPONSOR, for itself, its assignees, and successors agrees to comply with all applicable local, state, and federal regulations. 12.10 Use of Materials. The NCTCOG shall reserve a royalty-free nonexclusive and irrevocable right to produce, publish, or otherwise use, and to authorize others to use, the work for government purposes. 12.11 Constitutional Prohibition. The SPONSOR shall not use Grant Funds for the acquisition, construction, reconstruction, rehabilitation, or operation of structures used for religious purposes. Appendices The following appendices are attached and made part of this Agreement. Appendix A Public Sponsor Resolution Appendix B Lower Tier Participant Debarment Certification Appendix C Lobbying Certification and Disclosure of Lobbying Activities IN WITNESS HEREOF, the parties have e ecuted this Agreement in duplicate original at Arlington, Tarrant County, Texas, the day of ��JQ��� , 20�. NO H NTRAL TEXAS COUNCIL OF GOVERNMENTS R. Mic ael Eastland Executive Director APPROVED AS TO FORM: General ncil PUBLIC S�CiOR SPONSOR TEST: Marty Hendrix City Secretary Contr ct Authorization Date:��l -) c���� �_� � , APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Assistant City Attorney Date: C�2�i L � AP OVED: ..._�—� Libby Watson Assistant City Manager Date:/0�/�' 't� � APPROVAL RECOMMENDED: _--�----�- .. -- � , _ i �i� �o�—.--.. Fernando Costa Director, Planning Department Appendix A Public Sponsor Resolution Ci�r of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTtON: Appr�oved on 6/20/2006 - Resalution No., 3370-06-2006 & �rdinance No. '16997-06-2006 DATE: Tuesday, June 20, 2006 LOG NAME: 22SD T BLUFF RE�ERENCE NO.: ��G-15243 SUBJECT: Adopt Resolution Authorizing an Inter{ocal Agreement with the North Cen#ral T'exas Council of Governments for the Trinity Blu�f Streetscape Sustainable Developmen# Project, Authorize Execution of an Enhanced Communify Facilities Agreement with Trinity Bluff Development, L.td., Accept Funds from NCTCOG and Trinity Bluff Development, LTD., Adop# Appropriation Ordinance, and Authorize Payment to NCTCOG RECOMMENDATION: lt is recommended that the City Counci(: 1, Adapt the attached resolution to authorize enterirzg into an interlocaf agreement (f LA} with the North Centra[ Texas Council of Governments (NCTCOG) for the Trinity Bluff Streetscape Sustainable Deve[apment project (Proj�ct); 2.. Authorize the City Manager #o accept Sustainable Development funds in the amount of $1,050,900 from NCTCOG; 3. Accept funds from Trinify Bluff Development, Ltd. in the amount of $262,725 for the lacal match; 4. Authorize execution of an Enhanced Community Faciliiies Agreement with Trinity Bluff Development, Ltd.; 5 Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund by $'},313,625; and 6 Authorize payment of $262,725 to NCTCOG in lieu of administrative fees, with the understanding that these funds will be reimbursed in full upon Project completion.. DISCUSSION: �n January 19, 2006, (M&C G-'l5065) fhe Cify Council authorized fhe Planning Department to submit nominations for seven projects for funding through the Sustainable Development Program.. On April 13, the Regional Transportation Council approved funding in the amount of $'[,050,900 for the Trinity Bluff Streetscape Project. This granf amount requires a local match of $262,725 which brings the total Project amount to $1,313,625. 7rinity Bluff Development, Ltd. has committed fo provide $262,725 for the local match requirement. In [ieu of charging administrative fees, NCTCOG requires that the local match of $262,725 be paid before they wilf issue a Notice to Proceed on the Project., NCTCOG will return these funds to the Cify when T n�rnama 77C17 T RT TTFF Page 1 of�2 expenditures have reached 80% of the Projecf total, and retain fhe interest earned to cover administrative costs. Upon approval of this M&C, staff will compiete the following activities: • Submit the resolution to NCTCOG on or before Friday, Jufy 1�, for consideration by the Sur#ace Transportation Technica) Committee, the Regional Transportafion Council, and the Executive Board of NCTCOG. • Upon approval by the aforementioned bodies,-work with NCTCOG to execufe an interlocal agreement.. • Submit payment of $262,725..00 to NCTCOG, which will be reimbursed in enfirety upon completion of the Project.. 'This project is locaied in COUNCIL DISTRICT 9. FtSCAL INFORMATfON/CERTIFICATION: FISCAL INFORMATION/CERTI�ICATION: The Finance Director ce�tifres that upon approval of the above recommendations, receipt of the funding, and adoption of the attached apprdpriation ordinance, funds will be availabfe in the current operafing budget, as appropriated, of the Grants Fund, TO Fund/AccountlCenters GR76 451409 022203122000 GR76 488395 022203122000 GR76 SNARIOUS) 022203122010 GR76 959000 000203122000 $1,050,900.00 $262.i25.00 $1,313,625.00 $262,725.00 5ubmitted for City Manager's Office b� Orig�nating De�artment Head: Addi#ional Information Gontact: FROM FundlAccountlCenters Libby Watson (6183} Fernando Costa (8042} Randy Hutcheson (8Q08) Y.. _._...._...�.. �-,or, -r �r r r�z Pa�e 2 of 2 A Resalution No. 337o-s-�oo6 A RESOLUTI4N AUTH�RIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR RECEIPT .AND USE �F SUSTA�NABLE DEVELOPMENT PROJECT GRANT FUNDS FOR THE TRxNITY BLUFF STREETSCAPE PROJECT WHEREAS the Regional Txansportation Council, com.pzised primaiily of�local elected offcials, is the zegional transportation policy boa.t�d associated with the North Central TeYas Council of Govei�ents {"NCTC�G"), and is the zegional. forum for coopezative decisions on transportation; and, WHEREAS on .Tanuas,y 19, 2006, the City Council adopted M&C G-15065 authorizing the Czty Manager to nominate the Trinity Bluff Stieetscape Pzoject ("Project") fot the NCTCOG Sustainable Development Progiam for streetscape impz�ovements including sidewalks, txees, and stieet lights along Bluff'Street, Pecan S��eet, Samuels Avenue, and Gounah Stzeet in Uptown For�t Wotth; and WHEREAS the City af Fox�t Worth submitted a sustainable development pzoject application for the Izinity Bluff Streetscape Project to NCTCOG piior to the .Tanuazy 20, 2006 deadline; and, WHEREAS on February 24, 2006, NCICOG nominated the City of� Fort Woith ("City"} to receive a grant in the amount of $1,050,900 (the "Grant") thtough the Sustainable Development Prograzn foz the Pzoject; and WHEREAS on Ap�il 14, 2005, the Regional Tzansportation Council approved $40..61 million for the cutrent Sustainable Development Call foi Projects, and on April 13, 2006 appzoved fundin.g in the amount of�$1,OS0,900 fo�, the Project; ar�d, WH�REAS the Regional Ir�ansportation Council appioved the "Resolution Establishing Managez�ne�t of Susfainable Development Projects" on May 11, 200b; and, WHEREAS the Regional Iranspottation Coun.cil requires the submittal of'this r�esolution prior� to the execution af'an intei•locai agieement with the Narth Central Iexas Council of'Goveinrnents; and, WI�REAS the Cit� of'Fort Woxth wiil seive as the lead Project contact; and, ���"'� #�� ���'�' '#���'.�t'� �- - w , ,� .i, i �; , �, f�2 V� Y��.��s::b r:_ . _ ��pl�N 'I ;� I��'� �J:C';°.� �,����,���� ..�.. ��� �:'�,'�'�:�'n Or,�';: � �:�., WITEREAS the City of� Fo�t Worth suppoits the overall land use concept and developrnent of the Tzinity Bluff Development and Project scope as applied for in the oiiginal Sustaznable Development Call fox Projects application (Attachnnents 1-3); endorses the Pi•oject scope; conf'ums participation of p�ivate sectot partnezs (Itinity Bluff Development, Ltd.); and appioves project timing to be complete by May 1, 2009; and, WHEREAS the City of'Fort Worih will fund or� pass through funds fi�om the private sectoi� foi a minimum local cash match of 20 percent ($262,725) of'the total project cost ($1,313,625.,) Ihe locai cash znatch will be paid pzior to ieceipt of'the Notice to Proceed and will be ieimbiu�sed in its entirely when expenditures �each 80 percent of the Froject total. Additionall,y, 80 percent of the total Project cost will be reimbursed upon completion of�the project; and, `'VHEREAS the City o# Fozt Woith will be responsible foz any cost oveiruns, not the Regiona.t rransportation Council; and, W�IEREAS infrastructure built r�vith 1oca1 funds vvill follo�v the admirusnative process and. design stat�datds of the City of For�t Wozth.. If� fedeial funds must be used, the City of Fort Worih suppozts the use of'siate and feder�al design guidelines; and, WIIEREAS the Cify of�Fort Wo�th acknowledges that all funding is handled on a reimblusement basis. Expenditur�es made prior to signing an interlocal agreement on the project and z�eceipt of' a Notice to Proceed will not be elzgible e�.penses; and, WHEREAS ihe City of Fort Woz�th selects Option 1, "Standaxd Piactice Option" as outlined in Attachments 4 and 5 and will therefore not assume the risk associated wi#h Opfion 2; and, WHEREAS as of.Jutze 20, 2006, this Project does not zequiz�e special exceptions, variances or require action on other outstanding local regulation issues; and, WHEREAS the City will utilize the G�ant funds for work on the Pzoject as outlined in an interlocal a�eement tha� the City inust execute with NCICOG in accoidance with the Project Scope desczzptions and pz�oject total as described in Attachment 6.. I'he City Ma�ager• will have the authoiity to move funds between the categoiies as needed, as long as the total project cost is not exceeded; and, WIIEREAS the City of Fort Wot�th conctus with the Regional Transpoztatioza Coun.cil resolution {Attachment 7) and pz�ogram rules (Attachment S); NOW THEREFORE, BE IT RESOLVED BY THE CXTY COUNCIL OF THE CITY OF FORT WORTH THAT: The City Council hereby authoiizes the City Manage� io execute an Interlocal Agreement with NCICOG and/or rexas Depaxtment of Transpoztation foz z�eceipt o# Gzant funds fai• tlze irinity Bluff' Development Project. ����` ��' ����` `%i����� AND IT IS SO RESOLVED. Adopted this 20th day of' June , 2006. ATTES 1: ' _ � BY=_� — —� Maity Hendiix City Secretary ���� �� ���� `�#�.��� Attachment 1 Tr�inify Sluff Pr�oject Descr�iption Tziniiy Bluff' is a two-phased, pxofessionally planned, luban. z edevelopment project located in downtown Fort Woith appioxunately one-half�znile noz�heast of the Xai7ant County Cotuthouse. Xi7nity Bluff Development, LLC began acquiiing pioper�ty in the ar�ea in 1999 and since has assembled moie tha.n 30 acres of'contiguous land. Undei• the leadership o#'its Managing Paz�tziei, Iom St�ukis, Irinity Bluff'has puz•chased more than 180 individual pa.rcels of'pz�ope��ty.. Iiinity B1uff�Phase I is c�.uxently being developed after te-platting ax�d ie-alignment of' streets and roadways.. Lincoln P��opeiiy Company has stat�ted const�uction on a 304 unit multi-family residential communit,y.. Currently, thet�e a.re 68 town homes peimitted and/ox� under const�uction. Neai-teim px�ojects beginning in 2006 include the stazt of constzuction on a 20 stoty condomiz�ium tower, Urban. land assemblage and zedevelopment is veiy expensive and is vir�ually irnpossible without public/piivate pa�tnezships.. A portion of the high redevelop:rz�ent cost encaunte�ed by Ti�nity Bluff�has been offset by grants and incentives provided by the City o#'For�t Wo�th and the Downtowzi I� Increment Finaz�cing Disttict Howevex, these g.rants and incentives could not address the entire "gap" identiiied by the Czty's Economic Development Department. Ainong othei financial gaps, City policies did not addi•ess the si�•eetscape cost identified at the time the City Counci� approved the Itinity Bluff' ecanom.ic developxnent packages.. Ihe I�inity Bluff' S�eetscape project di�ectly addresses virtually a11 ofthe Selection Critezia foi Sustainable Development P�ogram Funds as outlined by the City of Fozi Wot�th and the Noith Cent��al Texas Council of'Goveznments.. DEGREE OF COMMUNTTY SUPPORT: . Cash Funding co�nmitrnen�.ts totaling $4,092,000 to pay foz public imp7�ovements fo� Ixinity Bluff'Phase I have been committed by the Downtown TTF Distzict and the City of' F ort Wot�th. •$1,300,000 is being funded by the Downtown IIF for undeigiound utilify constzvction and fibet optic cable relocation.. As well as a portion of the st� eetscape for Phase T.. •$992,000 zs being funded by the Enhanced Coznmunity Facilities Agzeement with the City of' Fort Worth wiil provide the redesigned and impr�oved surface drainage foi Tiinity Bluff'and adaacen.t pzope�ties. • A$1,800,000 Communit,y Facilities Agxeement �vith the City of�Foxt Worth will fund watez, sewex and st�eet impiovements_ • Letters of support have been submitted fr�om the following neighborhood g��oups, ar�ea pioperty ownets, businesses and coznmunity leadeis: 7axTant County Commissioner, Roy C.. Brooks Foimei Mayor of�the City of�For�t Worth, Kenneth BarT Toe Potthoff; Chaiiman, Tazrant Appza.isal Disfxict Downtown Fort Worth Inc. Attachment 1 Trinity Bluff Project Descr�iption Sux�dance Squaie Managerza.ent RadioShak Cozpor�ation Ihe Fort Worth Cats Baseball Ieam/The Bell Crroup Par�tner shrps and Coalitions 7iinity Bluff; tbzough two of its ptincipals, Tom Struhs and Elizabeth Falconez�, is actively involved in creating pazinezships and coalitions ta promote development of'the entire area, includzng full developrnent of the Trinity Rivei� Vision,. rowaid that end, Iiinity Blu££'has: • Organized and funded a design chaxette for bluff axea propei�y owmezs to help create a long-range vision for the az�ea.. Ihe all-day charette ulcluded pazticipation by owners of'nearb,y propezties, communit,y leaders, ciLy officials and planning professionats. • Actively patticipated in the process to develop standazds and building gui.delines for the TRV azea. • Actively pax�ticipated with and assisted the U.S.. Aiiny Cotp of'Engineer�s and the Tai7ant Regional Watez Distsict in the Histo�ic Swcvey and Environmental rinpact Statement for the Trinity River Viszon; and, • Convened z�egular meetings vvith othet majox propeY� ovvnez�s in the area (including Ihe Bell Gi•oup and Sundance Squai•e Managezrnent) to share deveiopment and land use plans.. LEVEL OF PRIVATE INVESTMENT WITHIN THE SITE/.�REA C�u��ently undet constsuction in Irinity B1uff Phase I— Mor•e than $50 million of piivately funded building projects aze being consnucted at this tune, including: � 304 apai�nents being const�ucted by Lincoln Property Company with a value of' $.30 miilion; • 40 town houses with a total value of� $12 million; and, • 28 additional town houses with a total value of $8. 4 mzllion„ Cux�ent investment un-committed land now held foz developmeni is $19 millzon.. • 2006-2007 Phase I Pioject— estimated value of'projects in design or projected is $120 million. • 2008�-20i 1 Phase TZ �'xoject — estirnated value of pzojects is $21Q million.. STATUS OF MIXED-USE ZOlV�NG: All of t.l��.e land in Iiinity Bluf.f is zoned mixed-use tl�xough the Planned Development Specific Use (PSUD) Zoning alr•eady approved for the development. PROPOSED PROJECT SUPPORTS PEDESTI2TAN AND/OR BICYCLE ACTNITY AND CIRCULATION: �"���'�,1.�::_ ... � �., ::���,. ����� �}�t;�':'�';�= :. � 7 Y� �.�.��J��`��f � V�,�r`\� ��:� ; e Attachment 1 Tx�inity Bluff Project Descr�iption I�he proposed Trinity Bluff S�eetscape Project has been designed to be pedest�iar� friendly and to encourage an active neighbozhood. Plaxzs fox Tzinity Bluff� include wide sidewallcs and easy access to nearby recrea#ion areas including bicycle paths, jogging trails a.xzd the Iiiniiy River coiTidor and propased �own Lake.. Specific attentaon has been paid to safety impxoveznents — enhanced str�eet lighting, traffic calming devices, defined czosswalks with special paving pattezns, bulb-outs to natzow street czossing distances at intersections specially designed ornstreet par�king. Stteet tt�ees, landscaping and ii7igation will create an am active enviz•ozunent fbz� xesidents arzd visitozs.. ADA i�elated improvements, benches, and trash receptacles will make the aYea user fiiendly and accessible., PROPOSED PROJECT SUPPORTS TRANSIT USE: • Initial Tr•inity Bluff pla�ining and road constr�uctzon has provided �oz tealignment of streets and impzoved access to Saz�nuels Avenue azzd the entize ax�ea.. � 7rinity Bluff�has initiated communications wifih the Foit Warth rranspo�tation Authority to czeate a bus circulation plan comlecting the development to Sundance Squa1 e and neazby off ces.. • Txin.ity Bluff�is within easy walking distance of'major bus Iines and the T's paxk an.d Ride Facilit,y on Bell:nap Streef. Ihe Intezmodal Tzanspottation Cente2� is a ten block ��valk to the Sout�l, oz� it can be accessed using several neaiby bus routes. • Trinity Bluff has worked with City o�cials, iailr�oad safety pe�csonnel and othezs to establish a"quite zone" on the heaviiy trafficked z�azl line immediately East of the development.. The Ciiy Council has subsequentl� approved tlie quite zone. PROPOSED PROJECT SUPPORTS JOB/HOUSING BALANCE: Theze is a xn�ajor imbalance betvveen the numbez of people who woz�k � the area surrounding Iiinity Bluff and the available inveniory of housing.. It is estimated that the nuznber o� jobs witl�uin a one-mile �adius of Iruuty Bluf# will increase 4.3% by 2030.. Piojected incieases in housing do not significantly close the job/housing imbalance. Trinity Blu��wzll help rr�eet the housing needs for the rapidly growing number of'people who want to live and work in the new i.uban enviz�onment of dorvntown Fori Worth. The 2000 U..S.. Census indicated that approximately 53,OOQ people woiked within a one- mile radius of' �'z�inity Blu£f', At the same time there wei•e approximately 1,700 households ar�d a population of�approximately 3;700 ��esidents.. NCTCOG projections for 2030 ind.icate that appz�oxirraately 76,000 people will work within a one-xnile zadius of' Txinity Bluff�{au incxease of�43%),. Pi�ojections foz 2030 indicate 5,530 households and 11,353 residents.. VISUAL IMPACT: Attachment 1 Trinif� B�uff Project Description Ihe Txizliiy Bluff�development has aIi�eady made a znajor visual impact by elimznating a lasge blighted at•ea neat� the co�e of oui� city.. A pi�unaty puzpose ofthe 7zxnzty Bluff Stieetscape Proposal is to add to the visual irnpacf by using sustainable design, enhanced lighting and landscaping. Ihe si��eet design and si��eetscape will provide irnpzoved mobility and livability �oz� the entu•e ai�ea. These impacts have al��eady attracted new pzivate investment to the as�ea — a nend that should continue for years. � a� � '_' -Q U ,c� •� x a �>QQ-•�a� � O � � � C � � � � � � C c� � � '� "D � � � � O � � �+� � � C O U .� Q U �=1 L C � � (iS � � v C � � � N'� � Q O � O �•�r fN > �� � +�-' � � c�r! 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'?f:' `,:i J� l J�� � U L o�� � Atfiachment 5 NCTCOG Sustainable Developmeni Caf! for Projecfs Pr•oject Implementation Process RTC Acfion to Approve Sustainable Devetopment Prajects (U4l13106) 1 Lead Public Sponsor chooses Option 1, "Standard Practice Option" 1 Resolution of Governing Body submitted to NC7COG {no later Ehan 5 p.,me, July 14, 2006)' 1 RTC Action to Approve Project Scope and P{acement in T(P 1 S'sgn Interlocal Agreement with NCiCOG' 1 Lead Pubtic Sponsor provides 2Q% cash match to NC7COG 1 NC7COG issues Notice to Pr�oceed 2 1 Begin cons#ruction using "Pr�oject Staging" date as a start dafe 1 �o(����.��?��es;f�o �8'O��R7C Loca! _ _ �. _�.z � .., � �und portion 1 Fl"��t� s`���.4°%d �ci'c�� r�atc� � ��,,, �e ���;�s��e�if,of'�U°/g R°��;Lxoca�, ��n:t� � ortion�up�,o�rrc�En�atetior� Lead Puhiic Sponsor• chooses Option 2, "Local Float Option" 1 Resolution af Gover�ning Body submitted to NC7COG (no iater than 5 p.,m. July 14, 2006}' 1 RTC Action to Approve Project Scope and Placement in TIP 1 Sign lnterlocal Agreement with NC7COG' 1 ..,��„`'.—i `s '� trz+n���rke �7f10/ n�c�i� � _�,..iv�-n:..a r.....1��+u- k .. _= �:.:, _ . , _. .. �i". - _ ., -_;.._....,. � ._ � 1 NCiCOG issues Notice to Proceed (at sponsor's r�isk) 2' 3 1 Segin construction on a locally set time schedule 1 Praject Compfetion 1 �'�m�ur��rrrer►t'ofi8�°IQ�R�"C t��cat �u.�ut�� gr� �~4'�5 zw � r -i- "� � i�- r -� , � �� pa,.r,ti.i�F� affe� �s��gned �tiFrd�e�t��tag�n� ���U�7'�,d��� , 2 Expenses incurred prior to Notice to Proceed are {neligible for reimbursement. 3 Pro}ect may proceed, however, NCTCOG reimbursemenf is contingent upon NCTCOG recei t of RTC Local Funds. Revised May 2006 �age 1 of 2 NCTCOG Sustainable Development Cafl for Projects Required Lead Public Sponsor Decision Regarding Projec# Siart Date The impact of the staging group on project #iming is dependent on a local choice between fwo options Option 'f ,"Standard Practice Option" means the project waits until funds for the project are in a North Central Texas Council of Governments (NCTCOG) accounf. Option 2, "Local �loat Option" means the project begins after NCTCOG signs a contract with a local agency providing RTC Local Funcis to NC7COG and ih� loca{ projecf sponsor (pubfic or private) "floais" the project until NCTCOG receives payment of RTC Local Funds to a NCTCOG accouni A required element of the Governing Body Resolufion is the lead public sponsor decision to select Option 1 or Option 2. In either case, transportatian improvements cannot be reimbursed prior to the assigned "project staging" date. Option 1 "Standard Practice Option" Lead public sponsor uses the assigned "project staging" da#e as a start date for the project, pending the receipt of a Notice to Proceed. If RTC Local Funds are not available due to a default of local funds being paid to NCTCOG, the project may be switched to federal funding This default situation would require a new contract with Txi70T and may result in a delay in the project. For example, this default situation would occur if a NCTCOG member loca! government with a contract with NC7COG fo make payment of RTC Local Funds to NCTCOG is in violation of their contract with NCTCOG. OR Option 2 "Local Float Option" Lead public sponsor uses the assigned "project staging" date as a date for reimbursement only and begins the project on a locally set fime schedule that begins after a project agreement is signed with NCTCOG. Staffi is authorized to develop interlocal agreements with RTC Local Funds that allow immediate canstruction with reimbursement to the lead public sponsor contingent upon the receipt of RTC Local Funds by NCTCOG. Please note, NCTCOG will not sign Sustainable Develaprnent Project interlocal agreements until NCTCOG signs agreement(s) to receive RTC Local Funds if a lead pubfic sponsar selects this option, choosing to move forward and complete their project prior to the assigned reimbursement date, the lead public sponsor wifl be "at risk" with regard to the default of local funds being paid to NCTCOG. This option may preclude switching to Federal Funds in #he event that RTC Local Funds are unavailable For example, this default sifuation would occur if a NC7COG member IocaM government with a contract wiih NCTCOG to make payment of RTC Local Funds ko NC7COG is in violation of their confracf with NCTCOG Revised May 2006 Page 2 of 2 Attachment 6 Project #: 262 Project Name: Tr�iniiy Biuff Streetscape _. ._......... __,_.......... _._.._....... _:.. - - - = -_:...,�.� ,�...,�._ . ......._...., ............... - - -�:.� .. � � . .. .....t .:::.. ..:....�. ..::.�.... ' �. .� � ..., .. 1 ...L[�t'Y^_•::5�".:::::^�i;�%4^� _ � =- , _.._ _,..x..=� :�::::.��..-:::::-�. ��SCI'i tlOt'C' 4.. _ �:�Cld� � . �� o . .. 12 ..,._...: -:�:.::::::::-,� ........: ... .....-� - ��:�,,_.�.. �:��.. .,-:: ,,..... ,._:::..:.�� - - � _ .._,._... . ._. _._: y_., ry....,.:... __::-.:, ::� ::::__ �.. __..._...�:-�.._,� .. _ �-�-:= - - ,, .:���...., . __ ,.._..._ .: ,. -.- _.�.._.... .�... ..�....... _....._...::::........ _... .._ __._:- ...�-..,:_,;,;• . = - ....,......_.... _. _..� _..._.._...._. ...,,.,..�.._;�:.-:.:::-._.:_....._. __,.,.,:_,.._ ............... . _..,.:-..,..._... �:��=:.:;::�:_::-:_::�:Y.,. - - - - = - - � ::- , .�. �:<._..,.._�..:..:;_„....:_: �::�::��,. : �:.: .;_.. .� ...r..-. ..v:v..i: ...: �.....,.. _ ...>_.i:...... . .., , ,...,.. _. _... . :..:::.�J..�.:::R'�.":. Sidewalks, crosswalks, benches, trash receptacles, shade Pedestrian Arnenities trees, li htin , edestrian laza $1,313,625.00 Construction of new/extended trails or connection to existing/planned trail, route signage, landscaping, lighting, Bic cle 7rail e ress/access #rom existin / lanned trail $0.00 Installation of landscaping features afong transportation L.andsca in facilities $0.00 Pedestrian shelters, pedestrian linkages fo transit center, signage, passenger waiting areas, trash receptacles, Bus Transit landsca in $0.00 Station construction, pedestrian linkages to station, Rail Transit si nage, landsca in $0.00 TrafFic Si nals Si nal installation, si nal retiming, e ui ment u grades $0.00 Infersection Left turn lanes, right turn lanes, improvements to Im rovements � intersection eomet , landsca in $0.00 Capacity expansion, reconstruction, frontage road Streek Construction 2 ad�uskments, ram reversals, landsca in $0.00 TOTAL PROJEC7 COST (Feder�al + Local Funds) � Requireci lnfor�mation for� intersection Impr•ovemenfs Description of exact intersection of cross streets pescription of the work to be performed on each apAroach to intersection uired Information for Str�eet Construction Street Name To/From Limits f�umber of Lanes Divided/Undivided Facil $1,313,625�00 Afitachment 7 RESOLUTION ESTABLiSHING MANAGEIVIENT OF SUSTAINABLE DEV�LOPMENT PROJECTS R06-05 WHER�AS, the Nor�h Central Texas Council of Governments has been designated as the Metropolitan Planning Organization for the Dal�as-Fori Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Councii comprised primarily of local elected officials, is the regional transportation paficy body associated with the Notth Centraf Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area for the pollutani ozone, and air quality impacts the public and economic health of the entire region; and, WHEREAS, the Regionai Transportation Council is respansible for air quality conformity; and fhe Clean Air Ac# Amendments of 1990 require that in air quality nonaitainment areas, transportation plans and improvement programs conform to the applicable air quafity implementation p1an; and, WHEREAS, the Regiona! Transportaiion Council's first Sustainable Development Call #or Projects successfully implemented a wide variety of projects and was awarded the inaugural Smart Moves: Transpor�ation Strategies for Smart Growth Award sponsored by the Environmentai Protection Agency, the American Association of State Highway and Transportation 4fficials, and the Federal Highway Adminisfrafion; and, WHEREAS, the Regional Transportafion Counci) approved $40.,61 million for the current Susfainable Development Call for Projects on April 1A�, 2005; and, WHEREAS, on April 13, 2006, the Regional Transportation Council approved the projects under the Susfainable Development Call for Projects, the use of Regianal Transportation Council L.ocal Funds pending the receipi of local funding agreement(s), and the requirement that a resolution of the lead public sponsor's governing body for each proj�ct be submitted to NCTCOG offices by 5 p.,m,., July 14, 2006. NOW, 'THEREFORE, BE IT HEREBY R�SOLVED THAT: Section 1. The Regional Transportation Council approves the project scope and timing for inclusion in the Transportation Improvement Program after receiving Governing Body Resoiutions for individual projects. Sec#ion 2. Standard practice is to issue a notice to proceed in the year that funds are available„ In order to exp�dite benefits of the program, staff is authorized ta develop agreements that allow immediate construction with reimbursement pending receipt of R�gional Transportation Council Local Funds. The lead Public Sponsor wi(I sign an agreement that states they understand the risk of such construction, Section 3„ Funds returned from infrastructure investments and planning projects unable to move farward will be reallocated to the next Sustainable Development Call for Projects„ Section 4. Selected land banking projects wili be required to return to #he North Central Texas Council of Governments, at a minimum, the Regional Transportation Council Local Funds upon resale or lease of land acquired under the program. Reasonable costs will be considered„ A Land Banking Program will be established for futur� projects.. Section S. The Land 8anking Program is to ba administered as land acquisition for economic development purposes. Section 6. Regional Transportatian Council action is required to reprogram funds from any Sustainable Development Program or Projects. Secfion 7. This resolution will be transmitted td all lacal governments with Regional Transportation Council selected projects under the Sustainable Development Call for Projects. Section 8. This resolution shall be in effect immediately upon its adoption, Wendy Davis, Chair R�gional Transportation Council Councilmember, City of Fort Worth 1 hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Council of Governments for the Dalias-�ort Worth Metropolitan Area on May 11, 2006.. T. Oscar Trevino, P,�., Secretary Regional Transporfation Council Mayor, Cify of North Richland Hills Attachment 8 RULES FOR NCTCOG'S SUSTAINABLE DEVE�OPMENT CA�L �OR PROJECTS General Conciitions 1,. Praject applicants may access the online application beginning November 1, 2005, at: www.dfwinfo.com/trans/landuse/'oint venture/2005.htrnl, Online applications must be submitted by 5 p.,m., January 20, 2006„ 2, In addifion to an electronic submittal, all app(icants must submit two paper copies of a completed and signed application to NCTCOG offic�s by 5 p.m.., January 20, 2006, Incomplete applications or those not received by the deadline will not be accepted.. Suppiemental informafion wilf nof be accepted after the deadline, 3. Projects must be consistent with the Regional Transparfation Council approved Screening/Project Selection Pracess and the Regional Transportation Council approved Sustainable Development Areas of Interest.. 4. Projects may be funded with federal or local funds. Projects built with federal funds will follow the standard Texas Department of Transporiation (TxDOT}/Federaf administrative process and design standards. Projects built with local funds will follow the administrative process and design standards of the public sectar sponsor under an interlocal agreement with NCTCOG., 5. All funding is handled on a reimbursement basis and expendifures made prior to signing an agreement on the project will not be eligible expenses. If federal funds are involved, expenditures made prior to receipt of a F'ederal Project Authorization and Agreement (�f'AA) are not eligibfe.. 6.. A pub�ic agency must sponsor each application. The sponsoring public agency will serva as the lead project contact. 7. All projects require a minimum local cash match of 20% of the total project cost, Over-matching the project is allowed, 8, Cost averruns will not be the responsibility of the Regional Transportation Council. Locaf partners will be responsible for any cost overruns, RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS ; •,�2.� =� � e:;' �r'r' 1 �':.� i.;... t.: _ _ . . P�7� � ,,� �� �:;�, � ��� VtlU1� C;'15�:-J:�L.,.� '\S1 �[i+!�^I. �:; I . �f�i�, i �U ��� ��,::;�.:�,�, �����, ; 9. The Western subregion allocation is $'i2.,59 million. The combined total requests from each individual public sector agency in the Western subregion shalf not exceed this amount. General Conditians continued 10„ The Eastern subregian allocaiion is $28,.02 million. The combined tota( requests from each individual public sector agency in the Eastern subregion shall not exceed this amount. 19.. The R�gional Transportation Council wifl approue all final projects and funding levels. 12. The Regional Transportation Council reserves the righf to remove funding from a project that is no longer supported by both local partners, 13_ The Regianal Transporkation Cauncil reserves the right to remove funding from a project for which the local sp�nsor is unable or unwilling to sign a local agreement ta implement the praject or cannot provide the required 20% local match.. 14,. AIf funds that are unexpended or removed from a project return to the regianal Sustainable Development Program for future funding initiatives. Canditions for Loca! Sustainable Development Planninq Proqrams 1. No individual project funding request may exceed $300,0�0, 2, Proposals rnusi create the planning foundation or strategic assistance necessary fior a development project that would be eligible and compefitive for the Sustainable Development Call for Projects, Applicants are encouraged to submit S�stainable Development programs that include (but are not limited fo): objectives creating urban design standards for an area, creating a tax increment refinance zone, or implementing a public outreach campaign promoting livable communities. 3.. No private sectar sponsor is required, Conditions for Land Bankin Pro'ects 1. The Regional Transportation Council has established ihat no more than 20% of the total funding a[located ta the Sustainable Development Program be spent on RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 2 land banking.. Thus, no individual land banking funding request may exceed $8,.1 million. Conditions for l�and Banking Praiects (continued) 2. Indivic�ual project meetings will be required for land banking applicanfs., NCTCOG staff will schedule #hese meetings after January 20, 2006., 3. No priva#e sector sponsor is required. 4. The sponsoring pubfic agency must provide fo NCTCOG a resolution of its governing body, endorsing receipt of the award, and intent fo participate in a land banking program within 90 days of Regional Transportation Council action to select the project. Condiiions for Transpartation lnfrastructure Projects 1. No individual project funding request may exceed $7 milfion.. 2. Zoning and development codes necessary to a11ow the development to be built must be in place by the January 20, 2006, deadline, 3. A(etter of support from an active private-sector partner currently working on a development in the impacted area is required, 4. The sponsoring public agency must demonstrate a public/private partnership„ Public entifies may include a county, city, transit authority, or special districi., Private sectar partners may include for-profit privafe developers, not-for-profit homebuilders, Independent School Districts, housing authorities, colleges, universities, tax increment refinance zones, and public improvement districts, �ocal government support is required for all applications., 5.. Items ineliqible for reimbursement include, but are not limitec! to: construction ar rehabilitation of private buildings, artwork, fountains, installation and/or rehabilitation of water and sewer lines, parking garages, earthwork necessary to raise proposed buildings out of the floodplain, and oth�r items not directly relaied to mobility., Certain categories of federal funds may be more restrictive. 6, Transportation infrastructure eli iqJble for reimbursement include, but are not limited to: roadways, intersection improvements, bus stops, sid�walks, shade tre�s, landscaping, pedestrian/bicyclist amenities, crosswalks, bicycle paths, transit stations, right of way or easements necessary for transportation facilities.. Cerfain categories af federal funds may be more restric#ive.. RULES FOR NCTCOG S SUSTAINABLE DEVELOPfviENT CALL FOR Pf20JECTS Page 3 Conditions for Transportation Infrastructure Proiects (cont9nued) 7.. Eliqible transportation infrastructure must be (a) physically located within or afong the limits of the proposed developmenUredevelopment zone or, (b) iocated within walking distance of the proposed project (1/2 mif� or less depending on site conditions), or {c) directly reiated to either the roadway or rail access necessary ta make the development viable. 8, The sponsoring public agency must provide to NCTCOG a resoiution of its governing body, endorsing receipt of the award, and confirming the private sector partner within 90 days of Regional Transportation Counci! action #o select the project, RULES FOR NGTCOG'S SUSTAINABLE DEVELOPMENT CA�.L FOR PROJECTS Page 4 Appendix B Lower Tier Participation Debarment Certification LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION (Negotiated Contracts) Libbv Watson Assistant City Manaqer , being duly (Name of certifying official) sworn or under penalty of perjury under the laws of the United States, certifies that neither Trinity Bluff Development, Ltd. , nor its principals (Name of lower tier participant) are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any federal department or agency Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. EXCEPTIONS: Signature of C�rtifying Official Assistant City Manaqer Title �� t �- U� Date of Certification Form 1734 Rev.10-91 TPFS Appendix C Lobbying Certification and Disclosure of Lobbying Activities v� n' i>i ' , ���)�.'1:-,� :,:r''J''� .._ ����� �is';��}::���'=;:�. �p, �:�.,����n� �<< LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief, that: (1) No funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of the NCTCOG, a Member of the Regional Transportation Council (RTC), an officer or employee of the Regional Transportation Council (RTC), or an employee of a Member of the Regional Transportation Council (RTC) in connection with the awarding of any contract, the making of any grant, the making of any loan, the entering into of any cooperative agreement, and the extension continuation, renewal amendment, or modification of any contract, grant, loan, or cooperative agreement. (2) If any funds other than awarded Sustainable Development Call for Projects funds have been paid or will be paid to any person for influencing or attempting to influence an employee of the NCTCOG, a Member of the Regional Transportation Council (RTC), an officer or employee of the Regional Transportation Council (RTC), or an employee of a Member of the Regional Transportation Council (RTC) in connection with this contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. , . ignature Assistant Citv Manaqer Title Citv of Fort Worth Agency ���/� u;� Date TxDOT 1-91 TPFS DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities (See instructions for public burden disclosure) 1. Type of Action: 2. Status of Action: 3. Report Type: � a. contract ❑ a. bid/offer/application ❑ a. initial filing = b. grant u b. initial award n b. material charge ❑ c. cooperative agreement � c. post-award ❑ d. loan For Material Change Only: ❑ e. loan guarantee year quarter ❑ f. loan insurance date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter r7 Prime ❑ Tier if known Name and Address of Prime: 6. Department Agency: 7. Program Name/Description: 8. Action Number, if known: 9. Award Amount, if known: � 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): (attach Continuation Sheet(s) SF-LLL-A, if necessary 11. Amount of Payment (check all thaf apply): 13. Type of Payment (check all that apply): n a. retainer g ❑ actual ❑ planned ❑ b. one-time fee ❑ c. commission 12. Form of payment (check all that apply): ❑ d. contingent fee n a. cash ❑ e. deferred C b. in-kind specify: nature ❑ f. other; specify: value 14. Brief Description of Services Performed or to be Performed and Date(s) of Service including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11: attach Continuation Sheet(s) SF-LLL-A, if necessary) 15. Continuation sheet(s) SF-LLL-A attached: ❑ Yes ❑ No 16. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or Signature: entered into. This information will be available for public inspection. Print Name: Title: Telephone: Date: NCTCOG Use Only: Authorized for Local Reproduction Standard Form - LLL INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime recipient, at the initiation or receipt of a covered action, or a material change to a previous filing. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an employee of the NCTCOG, a Member of the Regional Transportation Councii (RTC), an officer or employee of the Regional Transportation Council (RTC), or an employee of a Member of the Regional Transportation Council (RTC) in connection with a covered action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. 1. Identify the type of covered action for which lobbying activity is and/or has been secured to influence the outcome of a covered action. 2. Identify the status of the covered action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered action. 4. Enter the full name address city, state and zip code of the reporting entity. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime recipient. 6. Enter the name of the agency making the award or loan commitment. 7. Enter the program name or description for the covered action (item 1.) 8. Enter the most appropriate identifying number available for action identified in item 1(e.g., Request for Proposal (RFP) number; invitation for Bid (B) number, grant announcement number; the contract grant, or loan award number; the application/proposal control number assigned by the agency.) Include prefixes, e.g. "RFP-DE-90-001." 9. For a covered action where there has been an award or loan commitment by the agency, enter the amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 40 to influence the covered action. (b) Enter the full names of the individuals(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate boxes(s). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to pertorm and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contract with officials. Identify the employee of the NCTCOG, the Member of the Regional Transportation Council (RTC), an officer or employee of the Regional Transportation Council (RTC), or the employee of a Member of the Regional Transportation Council (RTC) in connection with a covered. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and the telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Reporting Entity: Page of Authorized for Local Reproduction Standard Form - LLL-A iiii ����� North Central Texas Council Of Governments January 22, 2007 Via Certified Mail Return Receipt No.: 7005 1820 0000 7035 1474 Mr. Scott Bellen, Senior Planner Planning Department City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Dear Mr. Bellen: Enclosed is an executed original Interlocal Cooperative Agreement between the North Central Texas Council of Governments (NCTCOG) and City of Fort Worth for the Sustainable Development Infrastructure Project, specifically Trinity Bluff Streetscape. The City of Fort Worth is not authorized to incur any charges on this project until NCTCOG issues a Notice to Proceed. Issuance of a Notice to Proceed will be contingent upon receipt and approval of required documents outlined in Section 11.1 of the Agreement and upon receipt of the required local cash match. For your convenience, an invoice in the amount of $262,725 is enclosed. NCTCOG looks forward to working with the City of Fort Worth on this project. If you have any project related questions, please contact Alicia Hopkins at (817) 608-2380. If you have any agreement related questions, please contact Karla Weaver at (817) 608-2376. Sincerely, � Dan Kessler Assistant Director Transportation Department KW:SS ' Enclosures cc: Alicia Hopkins, AICP, Principal Transportation Planner, NCTCOG Trinity Bluff Streetscape Project File 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005-5888 (817) 640-3300 FAX: 817-640-7806 � recycled paper www.nctcog.org SUSTAINABLE DEVELOPMENT TRANSPORTATION INFRASTRUCTURE PROJECT Program Implemenfation and Administration AGREEMENT COVER SHEET TYPE OF AGREEMENT: Administration of Grant Activities for the City of Fort Worth and the Trinity Bluff Streetscape Project AGREEMENT PERIOD: signature date through closure AGREEMENT AMOUNT: $1,313,625 ($1,050,900 RTC Local Funds &$262,725 Local Match) North Central Texas Council of Governments 616 Six Flags Drive, Suite 200, Center Point Two P. O. Box 5888 Arlington, Texas 76011 Public Sector Sponsor Planning Department 1000 Throckmorton Fort Worth, Texas 76102 Planning Department 1000 Throckmorton Fort Worth, Texas 76102 Project Manager: Alicia Hopkins 817-608-2380 Sustainable Development Coordinator: Scott Bellen (817)-392-6942 Project Manager: Randy Hutcheson (817) 392-8008 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS P.O. BOX 5888 ARLINGTON, TEXAS 76005-5888 BILL TO: CITY OF FORT WORTH - PLANNING DEPT ATTN: SCOTT BELLEN, SENIOR PLANNER 1000 THROCKMORTON FORT WORTH, TX 76102 PO Number Description Terms Net 30 Attendants Trinity Bluff Streetscape Sustainable Development Infrastructure Project MAKE CHECK PAYABLE TO: NCTCOG mail to: NCTCOG ATTN: ACCOUNTS RECEIVABLE P.O. BOX 5888 ARLINGTON, TX 76005-5888 INVOICE NUMBER: INVOICE DATE: DUE DATE: Project Code 2678-14 0031 2678-14 1 /19/2007 2/19/2007 Total Amount Due $262,725.00 For inquiries contact Administration at (817) 608-2309. Please remit yellow copy of invoice with payment and reference invoice number on check stub. If your agency is tax exempt, please fax your exemption certificate to (817) 640-7806 Attn: Accounts Receivable.