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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 Museum Place Development 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.
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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 $3,000,000. 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.
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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 $600,000. 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
development/redevelopment 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
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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
Fax: (817) 392-8016
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
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.
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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
the LAND USE
INFRASTRUCTURE
requirement, and
as to which building permit will be available for
DEVELOPMENT at the end of the
PROJECT as part of the Reimbursement
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.
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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.
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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
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IN WITNESS HEREOF, the parties have executed this Agreement in duplicate original at
Arlington, Tarrant County, Texas, the �'�(1 day of 1�O�I C � Tl., , 20�.
N E TRAL TE S COUNCIL OF GOVERNMENTS
R. Mi hael Eastland
Executive Director
APPROVED AS TO FORM:
.
General unci
PUBLIC SECTOR SPONSOR
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TEST: , APP VED:
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Marty Hendrix Cib y WatSon
City Secretary Assistant City Manager
Contr t Auth ri tion �1 .
Date:��-1-����C �.Q�O►�`�
APPROVED AS TO FORM
AND LEGALIT �
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Melinda Ramos
Assistant City Attorney
Date: �I`�i�U�
Date: �� '��'' � �
APPROVAL RECOMMENDED:
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Fernando Costa
Director, Planning Department
Appendix A
Public Sponsor Resolution
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City of Forf 1lVorfh, Texas
Mayor and Council Communication
COUNCIL ACTION: Appr�oved on 6/2U/20U6 - Resolution No„ 3373-06-2006 8� Ordinance No„
17000-06-2006
DATE: Tuesday, June 20, 2006
L�G NAME: 22SDMUSEUMPLACE REFERENCE NO.: **G-15246
SUBJECT:
Adopt Resolution Authorizing an �nteriocal Agreement with the North Central Texas Council of
Governments for the Museum Place Development Sustainable Deve}opment Project, Authorize
Execution of an Enhanced Cammunity Facifities Agreement with Culiural District Developmenf
Initiatives, Inc., Accept Funds from NCTCOG and Cultural District Development Initiatives, Inc.,
Adopt Appropriation Ordinance, and Authorize Paym�nt to NCTCOG
RECOMMENDAiION:
(t is recommended that the City Council:
1.. Adopt the attached resolution to aufhorize entering into an interlocal agreement (ILA) with fhe North
Central 7exas Council of Governments (NCTCOG� for the Museum Place Development Sustainable
Development project (Project);
2. Authorize the City Manager to accept Sus#ainable Development funds in the amount pf $2,400,000
from NCTCOG;
3_ Authorize acceptance of funds from Cultural District Development Initiatives, Inc.. in the amount of
$600,000 for the local match;
4, Authorize execution of an Enhanced Community Facilities Agreemen# with Cultural District
Development lnitiafives, Inc.;
5.. Adopt the attached appropriafion ordinance increasing the estimaied receipts and appropriafions in the
Grants Fund by $3,OOQ,0�0; and
6. Authorize payment of $600,000 to NCTCOG in lieu of adrrzinistrative fees, with the understanding that
these #unds will be reimbursed in full upon Project completion.
DISCIJSSiON:
On January 19, 2006, (M&C G-15065) the City Council authorized the Planning Department to submit
nominations for seven projects for funding through the Sustainable Development Program. On April 13, the
Regional Transportation Councif approved funding in the amaunt of $2,400,OQ0 million for the Museum
Place Development Project. This grant amount requir�s a local match of $600,000, which brings the totaf
Project amount to $3 million.
Cultural �istrict Development lnitiatives, Inc, has committed to provide $600,000 for this local match
requirement.
Lognam e: 22SDMUSEi 71VIPLACE
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In lieu of charging administrative fees, NCTCOG requires that the local match be paid before they will issue
a Notice to Proceed on the Project. NCTCOG will return these funds to fhe City when expenditures have
reached 80% of the Project total, and retain the interest earned to cover administrative costs.
Upon appraval of this M&C, staff will complete the following activities;
• Submit resolution t� NCTCOG on ar before Friday, July 14, for consideration by the 5urface
Transportation Technical Commitfee, the Regional Transportation Council, and the Executive Board of
NCTCOG.
• Upon approval by the aforementioned bodies, work with NCTCOG to execute an interlocal agreement.
• Submit payment of $600,000 to NCTCOG, which wi(I be reimbursed in entirety upan compietion of the
Project.
• Affer receipt of a Notice to Proceed, issue a request for qualifications from appropriate engineering
firms..
This project is located in COUNCIL DISTRICT 7.
FlSCAL INFORMATI�N/CERTIFfCATION:
The Finance �irector cer�ifies #hat upon approval of the above recommendations, receipt of the funding,
and adoption of the aitached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund.
TO �undlAccountlCenter�s
GR76 451409 022203123000
GR7B 488395 022203123000
$z.�oo.00a.00
$600,000. 00
GR76 5(VARIOUS) 022203123010 $3,OOQ,000.00
GR76 159000 000203123000 $600,000.00
Submitted for City Manager's Office by:
Or�iainaiing Department Head:
Additional fnfor�mafion Contact:
Logname: 22SDMUSEUMPLACE
FROM FundlAccount/Centers
Libby Watson (6183}
Fernando Costa (8042)
Vida Hariri (8045)
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N.,
A Resolution
NO. 3373-Q6-2006
A RESOLUTrON AUTHORIZING THE CITY MANAGER TO EXECUTE AN
TNTERLOCAL AGREEMENT
WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
FOR RECEIPT AND USE QF SUSTAINABLE DEVELOPMENT PROJECT GRANT FUNDS
FOR THE MUSEUM PLACE DEVELOPMENT PROJECT
WHEREAS the Regional Transportaiion Council, coxzapzised pzimarily of�local elected o�cials, is the
regional transportation policy boa�cd assoczated with the North Central Texas Council of Govetnments
("NCTCOG"), and is the zegional foium for cooperative decisions on transpoitation; and,
WHEREAS on .Tanuaty 19, 2006, the City Cauncil adopted M&C G-15065 authoiizing the Cit,y
Manager to nominate the Museum Place Developnnent Project ("Project") %x the NCTCOG Sustainable
Development Pzogram, pr�oviding needed public iight of way and pedest�ian amenities such as on street
paxking, defined intetsections and crossings, txansit stops, bike lanes, wide sidewalks with ctub bulb-
outs and sfreet fiunituie within the Muset7m Place Development Project; aud
WHEREAS the City of Fort Worth subrnitted a sustainable development pzoject application fot the
Museuzn Place Development Pzoject to NC TCOG prior to the .Januazy 20, 2006 deadline; and,
WHEREAS on Februaxy 24-, 2046, NCICOG nominaied the City of'�ozt Woi�th ("City"} to receive a
gzani in the ar�aount of' $2,400,000 (the "Grant") thxough the Sustainable Development Progiarn� for the
Project; and
VVKEREAS on Apiil 14, 2005, the Regional Tzanspo��tation Council approved $40.61 zxzillion for the
current Sustainable Development Call for Projects, and on Apxil 13, 2006 appxoved funding in the
amount of'$2,400,000 for the Pi•oject; and,
WHEREAS th.e Regional Iranspoitation Council appioved the "Resoluiion Establishing Management
of� Sus#ainable Development Projects" on May 11, 2006; and,
WHEREAS the Regional Iianspoifation Council iequires the submittal of'tbis tesolution prioY� to the
execution of' an interlocal agxeement wiih the North Centzal Texas Council o#' Goveznments; and,
WHEREAS the City of'�'ozt Worth will serve as the lead Pz•o,ject contact; and,
���� �� ���� �����
Resolution No. 3373-46-2006
WHEREAS the City of� Fort Worth suppozts the overall land use concept and development of' the
Museum Place Development and Pioject scope as applied for in the oiiginal Sustainable Development
Call foz Projects application (Attachments 1-3); endoz�ses the Project scope; confirms paiticipation of'
privaie secioz partners (Cultui�al Distcict Development Initiatives, Inc..); and approves pzoject timing to
be corziplete by May 1, 2009; and,
WHEREAS the City of'Fort Wo�th will fund oz pass thi�ough funds from the ptivate sector for a
minimum Iocal cash match of'20 percent ($600,000) of the total project cost ($3,00�,000.,) The local
cash match will be paid prior to receipt of'the Notice to Proceed and wiil be reimbursed in its entirety
when expen.dihues z�each 80 pez�cent of'the Project total.. Additionally, 80 peicent of�#he total Project
cost will be reimbu�sed upon completion of'the project; and,
WHEREAS the City of' Foit Worth will be zesponsible foi any cost overxuns, not the Regional
Transpor�tation Council; and,
WHEREAS znfrastzucture built with local funds will follow the administrative pzocess and design
standaxds of the City of' Foz� Worth.. If federal funds r�ust be used, the City of' F oit Wor�th suppoxts the
use of state and fedezal design guidelines; and,
WHEREAS the City of'Fort Woz�h acknowledges that all funding is handled on a reimbursement basis..
Expendituzes made prior to signing an interlocal ab eement on the project and receipt of a Notice to
Pxoceed will not be eligible expenses; and,
WHEREAS the City of' �ott Worth selects Opt�on 1, "Standai•d Pz�actice Option" as outlitzed in
Attachments 4 and 5 and will iherefore not assume the risk associated with Option 2; and,
WHEREAS as of".Tune 20, 2006, this 1'xoject does not require special exceptions, variances oz zequire
action on othex outstanding local z�egulation issues; and,
WIIEREAS the City will utilize the Gzant fixnds for work on the Pzoject as outlined in an interlocal
agreemeni that the City must execute with NCTC�G in accordance with the Project Scope desciiptions
and ptoject IOIAL as described in Attachtnent 6., Ihe City Manager will have the aufil�o�ity to move
funds betvaeen the categozies as needed, as long as the total pr�oject cost is not exceeded; and,
WHEREAS City of� Fort Worth concurs with the Regional Iransportation Council resoluizon
(Attachment 7) and program rules (Attachment 8);
���� �� ���� ���:��
Resolution No� 3373-06-2006
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CTTY OF F4RT
WORTH THA.T:
The City Council hereby authoiizes the City Managei to execute an Inteilocal Agreemeni with
NCICOG and/or Iexas Depaitment of Iransportation for receipt af' Grant funds for the Museum Place
Develapment Project.
AND IT �S SO RES�LVED.
Adopted this 20th day of June , 20Q6.
ATTEST:
�
B�''– --- s�=�`_� - — ----
Maz�ty Hendz�
City Seczeta�y
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Attachment 1
Museum Place DeveIopment Pr�oject Description
TaGee Rea1 Properties is creating a mixed-use infill development consisting of retail,
z�estaurazats, off ce, hospitaliry and residential components in the cit,y desi�ated West
Seventh Street Urban Village. T�e existing .JaGee assemblage is located on
appz�oximately 15-acres fronting Camp Bowie, Arch Adams and West Seventh Street., It
is a pYime location for redevelopxn.ent given the surrounding histoiic neighbo��hoods as
well as the 6,SOO,OOQ visitors to the Cultuial District each year..
Using st�uctuzed parking encapsuiated in a higher densiry uzban fornl, Museum Place will
net iesidential densities of up to 50 DU/AC and piovide storeftont zetail atong Cam:p
Bowie, 7th Street and Bailey Avenue.. Ihe mixed-use of tlae en#zre village will be fi�st
floor retail with open storefr�ont eievaiions and high isansparenc� at st�eet level.
Restau�ants with outdooi shaded dining will provide high ac�ivity levels ai stieet front
and co�ners..
The grant funds will pz�ovide enhancements to the piivate investment by the addition of a
restored urban block forTn. Each block will be zeconf gured with head-in and parallel
pa.iking suz��ounding each block„ Intersections will be rebuilt in a raised plateau foirn foi
better pedesnian use. Ihey will czeate defined pedesfirian zonas with tzaf�c calmed as
vehicl�s enter the iniezsection. Wide sidewalks and cuzb bulb-outs will be added for
outdooi• dining ateas and public gaihering places. Street tiees will be added to fiame the
pedestzian / public realm. Streetlights, bollazds, benches and moveable chairs vc�ill add to
the usability of�the public areas.
Defined czossings in the iight of'way will ideniify connections between the museum core
and the Museum Place developzxxent. Impzoved signalization wili affo�d cont�olled
pedesfxian cr�ossings of e�isting city st�eets.. Additional enhancements will be added at the
six point intersection to czeate an even greater pedestrian crossing potential conneciing
the new civic use, t�ie U S. Post Office and public plaza Using grant funds will add #he
needed public zight of way and pedest�ian amenities to suppo�t the greater density..
Museum Place will add to the Seventh Street corxidor„ Providing transi.t stops as pat�t of'
the entu�e development will enco�uage use of dedicated buses and ultimately Iight rail
t�ansit.. Bike Ianes added by the grant will connect #he existing histotic neighbarhood wiih
Txinity Pa.rk and the Irinity Irails system, pxoxnotinb additional bike iidet•ship..
The near Wastside and Cultural Distzict azeas have seen an aging in place of'its
households wzth a.32% zeduction in populatian ovei the last decade., Ihe Modein Ar�t
Museum of Fo�t Wotth demolished 240 apaz�anents as well as the Loring Hotel to build
the museum which contz7buted significantl� to the populatzon dzop„ RetaiI has seen a
xeduction in squa.rte footage due to the 2000 toznado which destsoyed a numbex of�
neighboring z�etail buildings.. This has created the additional opportunity for
z�edevelopment at a highet and bettez use ovez neazly all the 15-acre developrnent site.
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Attachment 4
Attachment 5
NCTCOG Sustainable Development Call for Projecfs
Project [mplementation Process
RTC Action to Approve Susiainabfe Developrnent Projects (04113106}
i
�
Lead Public Sponsor chooses
Option 1, "Standard Practice Option"
1
Resolutivn of Governing Body
submitteci to NCTCOG (no fater than
5 p.,m., July 14, ZOd6)'
�
RTC Acfiqn to Approve Praject Scope
and Placement in TtP
�
Sign Inferlocal Agreement with
NCTCOG'
1
Lead Public Sponsor provides 20% cash
match to NCTGOG
1
NCiCOG issues [Votice io Praceed �
1
Begin construction using "Project
S#aging" date as a start date
1
r �_ :.��� �§u �
�'�i1���,,,�,�r�c,���d,��SO��NRTC L,ocal
Fund portion
1
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1
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Lead Public Sponsor chooses
Option 2, "Local Ffoat Opfion"
1
Resolution of Governing Body
suhmitted to NCTCQG (no iater than
5 p.m� Jufy 14, 2006) �
�
RTC Action #o Approve Project Scope
and Placement in TIP
a
Sign Infer)ocal Agreement with
NCTCOG�
1
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NCiCOG issues Notice to Proceed (at
sponsor's risk) 2.3
1
Begin construction on a locally sei time
schedule
1
Project Completion
�
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��ar���� a��; _
��'�or Lead J���lect ���r�s o�sSvsr�ih u��lar���se a�ff�ar�y, -�h ���iir�t�%ir,��it�,�t ;.�� o,��t-��i��e"at�:ei;�.t�st`'��o_pr�ir�d��
�a�ternt,r�g��B�d}_R�soll���o"ri ar►t�s��, �he_3nfeFfoca! Ag�ememen�#�
z Expenses incurred prior to ►Votice to Proceed are ineiigible for reimbursement.
3 Project may proceed, hawever, NCTCOG reimbursement is contingenf upon NCTCOG receipt of RTC Loca! �unds.
Revised May 20D6 Page 1 of 2
NCTCOG Sustainable Developmen# Call for Projects
Required Lead Pub[ic Sponsor Decisian Regarding Projeci Sta�t Date
The impact of the staging group on project timing is dependent on a local choice beiween two options.
Option 1, "Sfandard Practice Option" means the projecf waiis untif funds for the project are in a North
Central Texas Gouncil of Governments (NCTCOG) account. Option 2, "Local Ffoat Option" means the
project begins after NCTCOG signs a contract with a local agency providing RTC Local Funds fo
NCTCOG and fhe local project sponsor (public or private) "floats" fhe project until iVCTCOG receives
payment of RTC Local Funds ta a NCTCOG account. A required element of the Governing Body
Resolution is the lead public sponsor decision to select Option 1 or Option 2. In either case,
fransportation improvements cannot be reimbursed prior to the assigned "project staging" date.
Option 9
"Standard Practice Option"
Lead public sponsor uses the assigned "praject
staging" dat� as a start date for�the projeci,
pending the receipt of a Notice fo Proceed.
ff R`iC Local Funds are not available due to a
default of local funds being paid to NCTCOG,
the projecf may be switched to federal funding
7his default situation would require a new
contract wifh 7xDOT and may result in a delay
in the project.
For example, fhis default situafion woufd occur if
a NCTCOG mernber local government with a
contract with NCl"COG to make payment of
RTC Local Funds to NC7C�G is in violation of
their contract with NCTCOG.
Revised May 2006
C�J7
option 2
"Local Float Option"
Lead public sponsor uses the assigned "project
stag�ng" date as a date for reimbursement on(y
and begins the project on a locally set time
schedule that begins after a project agreement
is signed with NCTCOG.
Staff is authorized to develop interlocal
agreements with RTC Local Funds that allow
immediate construction with reimbursement to
the lead public sponsor coniingent upon the
receipt of RTC Local Funds by NCTCOG..
Please note, NCTCOG will not sign Sustainable
Developmeni Project interlocal agreements until
NCTCOG signs agreement(s) #o receive R7C
Local Funds. If a lead public sponsor sefects
this opiion, choosing to move forward and
compfete th�ir project prior to the assigned
reimbursement date, the lead public sponsor
wifl b� "at risk" with regard to the default of local
funds being paid to NCTCOG This option may
preclude switching fo Federal Funds in the
event that RTC Local Funds are unavailable.
For example, this default situation would occur if
a NCTCOG member local government with a
contract with NCTCOG to make payment of
RTC Local Funds to NCTCOG is in violation of
their contract with NCTCOG.
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Page 2 of �
1��: `:''�;'�U'�r� ����,
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ATTACHMENT 6
NCTCOG Sustainable Developmenf Call for Projecfs
Projeci Scope for Museum Piace
Project #: 343
Projeci Name: Museum Place 17eveiopment
- :ti! �.�:.�:r v.. - � , "t. �. 3 JH
�� �:Ca�s o -r- �r�,�� ,r.�r�- � :� ,� � , �r �. Descnp4�orn � $�dg�t; �
�:-..r .:' �-. �.-�� :�._ ���✓ � -�...� � . z� . y ... i.:,�.� �......... ...L........_,..1_5._._._... .._..�.'� . .y,'�. ... ..:.�.: .�_ ....� e..<... i.�:.c
Sidewalks, crosswalks, benches, frash receptacies,
Pedestrian Amenities shade trees, fighting, pedestrian plaza $413,953.00
Construction of new/extended frails or connection #o
existing/planned trail, rat�te signage, landscaping,
Bicycle Trail lighfing, egress/access from existing/planned trail $0.00
Installafion of landscaping features along
Landscaping fransportation faci{ities $118,891.00
Pedestrian shelters, pedesfrian linkages fo transit
center, signage, passenger waiting areas, trash
Bus Transiti receptacles, landscaping $0.00
Stafion construction, pedestrian linkages to station,
Rail Transit signaga, fandscaping $0.00
Signal installation, signal retiming, equipment
Traffic Signals upgrades $0.00
Intersection Left turn lanes, right turn fanes, improvements to
Impravements' intersection geomeiry, landscaping $0.00
Capacity expansion, reconstructian, frontage rpad
5treet Construction 2 adjustments, ramp reversals, landscaping $2,467,156.00
TOTAL PROJECi COST (Federal + Local Funds) $3,OOd,000.00
Information for Intersection I
Description of exact
intersecfion of cross streets
Description of the work to be
perFormed on each
aparoach to infersection
2 Required Informaiion for Street Construction
Street Names - No.s 1-5 1. W. 7th.St. - 2. Arch Adams St.- 3.Barden St. - 4.Bailey Ave. - 5.- 6th.Si.
To/From Limits 1.University to Boland - 2- 6th. St. 7o Camp Bowie - 3.- 6th. St. fo Camp Bowie -
4.- 6th. St. to 7th. St.- 5.Arch Adams St. to Bailey
Numbef of Lanes All 2 Lanes Streefs No. 1& 4 Have dedicated Turn Lenes @ Intersections
Divided/Undivided Facilitv All are Unctivided.
Attachmenf 7
RESOLUTION ESTABL.iSHING MANAGEM�NT OF SUSTAfNABLE
DEVELOPMENT PRUJECTS
R06�-05
WHEREAS, the North Centraf Texas Council of Governments 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,
WH�REAS, the Regional Transporiation Council comprised primarily of lacal elected
officials, is the regional transportation policy body associated with the Norfh Central Texas Councii
of Governments, and has been and continues ta be a forum for cooperafive decisions on
transportation; and,
WHER�AS, the Dallas-Fort Worth area is a federally designated nonattainment area for
the pollutant ozone, and air quality impacts the public and economic health of the entire region;
and,
WH�R�AS, the Regional Transportation Council is responsible for air quality conformity;
and the Cfean Air Act Amendmenfs of 1990 require that in air quality nonattainment areas,
transportation plans and improvement programs conform to the applicable air quality
impfementation plan; and,
WH�R�AS, the Regianal �'ranspartation Council's first Sustainable Development Call for
Projects successfully implemenfed a wide variety of projects and was awarded the inaugura( Smart
Moves: Transportation Strategies for Smart Growth Award sponsored by the Environmental
Protection Agency, the American Association of State Highway and Transportation Officia(s, and
the F�deraf Highway Administration; and,
WHEREAS, the Regional Transportation Council approved $40.61 million for the current
5ustasnable Development Call for Projects on April 14, 2005; and,
WHEREAS, on April 13, 2006, the Regional Transportation Council approved th� projects
under the Sustainable Development Call far Projects, the use of Regiona{ Transportation Council
Local Funds pending the receipt of locaf funding agreement(s), and the requirement that a
resolution of ihe lead public sponsor's governing body for each project be submitted to NCTCOG
offices by 5 p.m.., July 14; 2006.
NOW, THEREFOR�, BE IT HEREBY RESOLVED THAT:
Section 1, The Regional Transportation Council approves ihe projec# scope and
timing for inclusion in the Transportation Improvement Program after
receiving Governing Body Resolutions for individual projects.
Section 2,. Standard pracfice is to issue a notice to proceed in ihe year thai funds
are avaifable. fn order #o expedite benefts of fhe program, staff is
au#horized to develop agreemenis that aliow immediafe construcfion with
reimbursement pending receipt of Regional Transportation Council Local
Funds. The lead Public Sponsor wilf sign an agreement that states they
understand the r'ssk of such construction.
Section 3. Funds returned from infrastructure investments and planning projects
unable to move farward will be realbcafed to the nexi Sustainable
Development Call for Projects,
Section 4. Selected fand banking projects will be required to return to the North Central
Texas Council of Governments, at a minimum, the Regional Transpor�ation
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 future projects,
Seciion 5. The Land Banking Program is to be administered as land acquisition for
economic development purposes..
Section 6. Regional Transportation Counci! action is required to reprogram funds from
any Sustainable Development Program or Projects.
Section 7. This resolution will be fransmiited to all local governments with Regional
Transportation Council seiected projects under the Sustainable Development
Call for Projects.
Sectian 8. This resolution shal[ be in effect immediatefy upon its adoption.
Wendy Da�is, Chair
Regional Transportation Council
Councilmember, City of Fort Worth
I hereby certify that this resolution was adopted by the Regional Transportation Council of
the North Central Texas Council of Governments for the Dalfas-Fori Warth Metropolitan Area or�
May 11, 2006.
T. Oscar Trevino, P.E., Secretary
Regional Transporfation Council
Mayor, City of North Richland Hills
Attachment 8
RULES FOR NCTC�G'S SUSTAINABLE DEVELOPM�NT CALL FOR PROJECTS
General Conditions
1. Project applicants may access the oniine application beginning Navember 1, 2005,
at: www.dfwinfo.comltrans/landuse/'oint venture/2005.html. �nline applications
must be submitted by 5 p.m., January 20, 2Q06,
2.. In addition to an electronic submittal, all applicants must submit two paper
copies of a completed and signed appfication fo NCTCOG offices by
5 p„m., January 20, 2006 Incomplete applications or those nat received by the
dead�ine will not be accepted, Supplemen#al information will not be accepted after
the deadline.
3.. Projects must be consistent with the Regional Transporfation Council approved
Screening/Project Selection Process and the Regional T'ransportation Councii
approved Sustainabfe Develapment Areas of In#erest,
4. Projects may be funded with federal or local funds. Projects built with federal
funds will follow the standard Texas Depar�ment of Transportation
(TxDOT}/Federal administrative process and design standards. Projects built with
local funds will #ollow the administrative process and design sfandards of the
public sector sponsor under an interlocai agreement with NCTCOG
5. All funding is handled on a reimbursement basis and expenditures made prior to
signing an agreement on the projeci will not be eligible expenses. If federal funds
are involved, expenditures made prior to receipt of a Federal Project Authorization
and Agreement (FPAA) are not e[igible.
6, A public agency must sponsor each application. The sponsoring public agency will
serve as the lead project contact.
7.. Ali projects require a minimum local cash match of 20% of the total project cost,.
Over-matching the project is a(lowed.
8. Cost overruns will nat be the responsibility of the Regional Transporiation Council..
Local partners will be responsible for any cost ov�rruns..
9_ The Western suf�region allocation is $�2..59 mi(lion, "The combined total requests
from each individual public sector agency in the Western subregion shall not
exceed this amount,
RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PRdJECTS Page 1
Gener•al Canditions (continued)
10. The Eastern subregion allocatian is $28..02 miliion. The combined total requesfs
from each individual public sector agency in the Eastern subregion shall not
exceed this amount..
11. The Regional Transportation Council will appro�e all final projects and funding
levels..
12, The Regional Transportation Councif reserves the righi to remove funding fram a
project that is no longer supparted by boih local partners.
� 3, The Regional Transportation Council reserves the right to remove funding from a
project for which the local sponsor is unable or unwilling to sign a local agreement
to implement the project or cannot provide the required 20% local match.
14. All funds that are unexpended or removed from a project return to the regiona!
Sustainable Developmen# Program for future funding initiatives.
Condiiions for Local Sustainab[e Deve[opment Planning Proqrams
1. No individual project funding request may exceed $300,000.
2.. Proposals must create the planning foundation or strategic assistanc� necessary
for a development project that would be eligible and competitive far the
Sustainable Development Cail for Projects, Applicants are encouraged to submit
Sustainable Development programs that include (but are naf limited ta): objectives
creating urban design standards for an area, creating a tax increment refinance
zone, or implementing a public outreach campaign promoting livabfe communifiies,
3,. No private sector sponsor is requireci.
Conditions for Land Bankinq Proiects
1.. The Regional Transportation Council has established that no more than 20% of
the toial funding allocated #o the Sustainable Development F'rogram be spen.t on
land banking.. Thus, no individual land banking funding request may exceed $8..1
million.
RULES FOR NCTCOG S SUSTAINABLE DEVELOPMENT CALL �OR PROJECTS Page 2
Canditions #or Land Bankinq Proiects (continued)
2, {ndividual project meetings will be required for land banking applicants NCTCOG
staff will schedu(e these meetings after January 20, 2006.
3. No private sector sponsor is required.
4. The sponsaring public agency must provide to NC?'COG a resolution of its
gov�rning body, endorsing receipt of the award, and intent to participate in a land
banEcing program within 90 days of Regional Transportation Council action to
select the projecf.
Conditions far Transportation Infrasfructure Prolects
1., No individual project funding request may exceed $7 million
2.. Zoning and development codes necessary io allow the develapment to be built
must be in place by the January 20, 2006, deadline.
3.. A lefter of support from an active private-sector partner currently warking on a
clevelopment in the impacted area is required.
4. The sponsoring public agency must demonstrate a public/private partnership
Public entities may include a county, city, transit authority, or special district.
Privaie sector partners may include for-profit priva#e developers, not-for-profit
homebuilders, lndependent School Districts, housing authorities, colleges,
universities, fax increment refcnance zones, and public improvement disfricts.
Local government support is required for all applications,
5, ftems ineliqible for reimbursement include, but are not fimited to: construction or
rehabilitation of private buiidings, ar#work, fauntains, installation andlor
rehabilitatian of water and s�wer fines, parking garages, earthwork necessary to
raise proposed buildings oUt of the floodplain, and other items not directly related
fio mobility, Certain categaries of federal funds may be more restrictive..
6,. Transportation infrastructure eliqible for reimbursement include, but are not limiteci
to: roadways, intersection improvemenfs, bus stops, sidewalks, shade trees,
landscaping, pedestrian/bicyclist amenities, crosswalks, bicycfe paths, transit
stations, right of way or easements necessary for transportation facifities. Cerfain
categories of federal funds may be more restrictive.
RULES FOR NCTCOG'S SU57A4NABLE DEVELOPMENT CAL! FOR PROJECTS Page 3
Conditions for Transportation Infrastructure Proiec#s fcontinued)
7 Eligible transpor�ation infrastruciure must be (a) physically located within or along
the limits of the proposed deve(opment/redevelopment zone or, (b) located within
walking disiance of fhe proposed praject (1/2 mile or less depending on site
conditions), or (c) directly re[a#ed to eith�r the roadway or rail access necessary to
make the development viable,
8.. The sponsoring public agency must provide to NCTCOG a resolufion of its
governing body, �ndorsing receipt of the award, and confirming the private sector
partner within 90 days of Regiona! Transportation Council action fo select the
project.
�����Jw� �����'�
RULES FOR NCTCOGS SUS7AINABLE DEVELOPMENT CALL FOR PROJECTS P��'���+\�������
u �
9 G. .��''���1UG`.��� U�LU�
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Appendix B
Lower Tier Participation Debarment Certification
LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION
(Negotiated Contracts)
Libbv Watson, Assistant Citv Manaqer being duly
(Name of certifying official)
sworn or under penalty of perjury under the laws of the United States, certifies that neither
the Citv of Fort Worth 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
ing Official
Assistant Citv Manaqer
Title
l� /�-� �
Date of Certification
Form 1734
Rev.10-91
TPFS
Appendix C
Lobbying Certification and Disclosure of Lobbying Activities
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 Councii (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.
TxDOT
1-91
TPFS
�� . .
�- �
;
Sign ture
Assistant City Manaqer
Title
of Fort Worth
Agency
�G i -�• � �
Date
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 n a. bid/offer/application ❑ a. initial filing
❑ b. grant _ b. initial award ❑ 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
❑ Prime n 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 that apply): 13. Type of Payment (check all that apply):
❑ a. retainer
$ G actual � planned L b. one-time fee
❑ c. commission
12. Form of payment (check all that apply): ❑ d. contingent fee
-� a. cash n e. deferred
Li 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 infiuence 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 a covered action. Use the SF-LLL-A Continuation Sheet for additionai 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 ist 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 fuil 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 ail 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 perform 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
�ff��V�d'113 116V���
�li� �������b�
�, �"����� ��E�,
■■� -.
a��■
North Central Texas Council Of Governments
February 16, 2007
Via Certified Mail Return Receipt No.: 7005 1820 0000 7035 1863
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 Museum Place Development.
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
$600,000 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 of Transportation
KW :j h
Enclosures
cc: Alicia Hopkins, AICP, Principal Transportation Planner, NCTCOG
Museum Place Development 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
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
P.O. BOX 5888
ARLINGTON, TEXAS 76005-5888
BILL TO: CITY OF FORT WORTH - PLANNING DEPT
ATTN: SCOTf BELLEN, SR PLANNER
1000 THROCKMORTON
FORT WORTH, TX 76102
PO Number
Description
Terms
Net 30
Attendants
Museum Place Development
Sustainable Development Infrastructure Project
(PLEASE PUT PROJECT NAME ON REMITTANCE
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
Total Amount Due
$600,000.00
1 /23/2007
2/23/2007
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.
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, SR PLANNER
1000 THROCKMORTON
FORT WORTH, TX 76102
PO Number
Description
Museum Place Development
Terms
Net 30
Attendants
Sustainable Development Infrastructure Project
(PLEASE PUT PROJECT NAME ON REMITTANCE
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
Total Amount Due
$600,000.00
1 /23/2007
2/23/2007
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.
SUSTAINABLE DEVELOPMENT TRANSPORTATION INFRASTRUCTURE PROJECT
Program Implementation and Administration
AGREEMENT COVER SHEET
TYPE OF AGREEMENT: Administration of Grant Activities for the City of Fort Worth and the
Museum Place Development Project
AGREEMENT PERIOD: signature date through closure
AGREEMENT AMOUNT: $3,000,000 ($2,400,000 RTC Local Funds &$600,000 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:
Vida Hariri
(817) 392-8045