HomeMy WebLinkAboutContract 35015- � „
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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 West Rosedale Improvements — Magnolia Green Project,
and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein, the parties agree as foflows:
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.
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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 impracticai, 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 $375,000. 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.
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 $75,000. 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
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
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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.
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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: Physical Address:
Michael Morris, Transportation Director Michael Morris, Transportation Director
North Central Texas Council of Governments North Central Texas Council of Governments
Transportation Department Transportation Department
P.O. Box 5888 616 Six Flags Drive
Arlington, Texas 76005 Arlington, Texas 76005
Telephone No.: (817) 695-9240
Facsimile No.: (817) 640-3028
PUBLIC SPONSOR
Mailing Address: Physical Address:
Scott Bellen, Senior Planner Scott Bellen, Senior Planner
Planning Department Planning Department, 210D
City of Fort Worth City of Fort Worth
1000 Throckmorton 1000 Throckmorton
Fort Worth, TX 76102 Fort Worth, TX 76102
Telephone: (817) 392-6942
Fax: (817) 392-8016
8. Design Standards/Certification.
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.
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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.
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 e ecuted this Agreement in duplicate original at
Arlington, Tarrant County, Texas, the day of [��V T, 20%�.
NO T RAL TE S COUNCIL OF GOVERNMENTS
R. Mic ael Eastland
Executive Director
APPROVED AS TO FORM:
General C cil
PUBLIC SECTOR SPONSOR
ATTEST:
,
Marty Hendrix
City Secretary
Contr .ct Au,t , or ation y
Date:��-{- �� + � C � C Ic`���
APPROVED AS TO FORM
AND LEGALITY:
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Melinda Ramos
Assistant City Attorney
Date: � � �l �Q�
AP �� � VED:
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Libby a son
Assistant City Manager
Date:/v � / �' ��
APPROVAL RECOMMENDED:
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Fernando Costa
Director, Planning Department
Appendix A
Public Sponsor Resolution
City of Fori Worth, Texas
�Vlayor and C�ouncil Communication
COUNCIL ACTION: Approved on 6/20/2006 � Resolu#ion No. 3372-U6-2046 & Ordinance No.
1 G999-Ofi-2006
DATE: Tuesday, June 20, 2006
LOG NAME: 22SD WROSEDALE
REFERENC� NO,.: **G-1S245
SUBJECT:
Adop# Resolution Authorizing an Interlocal Agreement with the North Central Texas Council of
Governments for the West Rosedafe Street Retrofit Sustainable Developrnent Project, Authorize
Transfer of Funds from Capital Project Funds to the Grants Fund, Accept Funds from NCTCOG,
Adop# an Appropriation Ordinance, and Authorize Payment to NCTCOG
RECOMMENDA'TION:
It is recommended that the City Council:
'1. Adopt the attached resolution to authorize enfering into an interloca! agreement {ILA} with #he North
Ceniral Texas cauncil of Governments {NCTCOG) for the West Rosedale Street Retrofit Sustainab(e
Development project {Project);
2. Authorize the City Manager to accept Sustainable Development funds in th� amount of $300,000 from
NCTCOG;
3.. Authorize the fransfer of $75,000 from fhe Street Improvemenis Capitai Project fund to the Grants Fund
for the local match;
4. Adopt the aitached appropriation ordinance increasing the estimated receipfs anc! appropriations in the
Grants Fund by $375,000; and
5. Authorize payment of $75,000 to NC'TC4G in (ieu of administrative fees, with fhe understanding that
these funds will be reimbursed in full upon Project completion;
DISCUSSION:
On January 19, 2006, (M&C G-15065) the City Council auihorized the Planning Departmeni io submit
nominations fior seven projects for funding through the Sustainable Development Program. On April 13, the
Regional Transporfation Council approved funding in the amount of $300,000 for the West Rosedale Street
Reirofit Project. This grant amount requires a locai match of $75,000, which brings the tofal Project amount
to $375,000.
The (ocal match of $75,000 requirement wili come from the 2004 Capital fmprovement Funds in which $3..6
million was appraved for West Rosedale, Main Street to Forest Park Boulevard,
In lieu of charging administrative fees, NCTCOG requires that the local match of $75,000 be paid before
they �ill issue a Notice to Proceed on the Project. NCTCOG will return these funds to fhe City v;�hen
expenditures have reached 80% of the Project total, and retain the interest earned to cover administrative
cosfs.
Logname: 22 SD WROSEDALE Page 1 of� 2
Upon approval of this M&C, stafF will complete the following activities:
�. Submit the resolution to NCTCOG on or before Friday, July 14, for consideration by the Surtace
Transpartation Technical Commiftee, the Regional Transportation Council, and the Executive Board of
NCTC4G.
2. Upon approval by the aforementioned bodies, work with NCTCOG to execute an interlocal agreement.
3. Submi# payment of $75,000 to NCTCOG, which will be reimbursed in its entirety upon completion of the
Project.
4. After receipt of a Notice to Proceed, issue a request for aualifications from appropriate engineering firms_
This project is located in COUNCIL D1STRfCTS 8 and 9.
�ISCAL INFORMATION/CERTIFICATION:
The Finance Director cer#ifies that upon approval of the above recommendations, receipt of the funding,
and acioption of fhe at�ached appropriafion ordinance, funds wiH be available in the current operating
budget, as apprapriated, of the Grants Fund
CB:n
TO Fund/AccounfilCenters
GR76 451409 022203125000
GR76 472200 022203125000
GR76 5(VARIOUS) 022203125010
GR76 159000 OOq203125000
$300,000.00
$75,0OO.OQ
�375,DOOAO
$75,000 .00
FROM Fund/AccountlCenters
C20Q 538070 209230001086 $75,000_00
Submitted for City 1Vlanager's Offic� by: Charles Boswell (6183)
Origina#ing �eparfinent Head: Fernando Costa {8(742)
Additional Information Contact: Shad Comeaux (8767)
Logname: 22SD WROSEDALE Page 2 of 2
A Resolution
NO. 33 72-06-2006
A RESOLUTTON AUTHORIZING THE CIT"Y MANAGER TO EXECUTE AN
INTERL4CAL AGREEIVIENT
WITH THE NORTIi CENTR.AL TEXAS COUNCIL OF GOVERN�MENTS
FOR RECEIPT .AND USE OF SUSTAIN,ABLE DEVELOPMENT PROJECT GRANT FUNDS
FOR THE WEST ROSEDALE STREET RETROFZT PROJECT
(WEST RO5EDALE STREET FROM MAIN STREET TO F4REST PARK B(3ULEVARD)
WHEREAS the Regional Transpoi�tation Council, connprised primarily o# Iocal elected o�ficials, is the
regional transportation policy boar�d associated �th #he North Central Texas Council of� Goveirunents
(�`NCTCOG"), and is the regional forum :fQi cooper�ative decisions on t��ansportation; and,
WIiEREAS on .Januaiy 19, 2006, the City Counczi adopted M&C G-15065 authozizing the City
Managez� to noznznate the West Rosedale Street Retrofit �'roject ("Project") for the NCICOG
Sustainable Development Program for streetscape impz�ovements along West Rosedale Sf�eet between
Mazn Street and �orest Park; at�d
WHEREAS the City of Fort Woxth submilted a sustainable development project application foz� the
West Rosedale Street Retrofit Ptoject to NCTCOG prior to the ranuaFy 20, 2006 deadline; and,
'WHEREAS on February 24, 2006, NCICOG naminated the Cit,y of Fort Wo�th ("City") to Y�eceive a
grant in the arnount of� $30�,000 (the "Giant") ttuough the Sustainable Development 1'rogr�m foz the
Project; and
W�IEREAS on Apiil 14, 2005, the Regional Iranspoi�tation Council appzoved $4Q..61 million foi the
current Sustainable Development Call for Projects, and on April 13, 2006 approved funding in the
amount of'$300,000 forthe Project; and,
WHER�AS the Regional Ti�anspoztation Council appzoved the "Resolution Establishing Management
o#' Sustainable Development Pro}ects" on May 1.1, 2006; and,
WHEREAS the Regional Izansportation Council i�equires the submittal of'this resolution pzzoz to the
execution af an interlocal agreement with the Noith Centt�al Iexas Council of' Goveinnaents; and,
WIiEREAS the Cify of�Foit Wozth will serve as the lead Project contac�; and,
��t�� �i� ���� �r����
WIIEREA,S the City o#'�oi�t Worth suppoz�ts the overall landuse concept and develapment of'the mixed-
use development along West Rosedale and Project scope as applied for in the oixginal Sustainable
Development Call for Projects applicarion (Atiachments 1-3); endorses the Project scope; confitms
pa�ticipafion of' private sectoz� partnez (Fort Worth south, Inc„); and approves project timing to be
complete by May 1, 2009; an.d,
WHEREAS the City of'Fort Worth will fund or pass through funds from the piivate sector fo� a
minimum local cash matcl� of 20 pez�cent ($75,000) o:f� the total project cost ($375,000.,) 7he Iocal cash
match will be paid pzioi' to receipt of the Notice to PF�oceed and will be ieimbiu�sed in its entzt�ety when
expendifuYes reach SO percent of the ProJect total.. Additionally, SQ percent of'the total Pz'oject cost will
be i�eimbursed upon completion of the project; and,
WHEREAS the City of Fozt Woifih will be �•esponsible foz any cost oveiruns, not the Regional
Transportation Council; and,
WHEREAS infrastructure built with local funds will follow the adzz�inistrative process and deszgn
standards of the City of" Foxt Worth. If federal funds must be used, the Ciiy of' For�t Wor�h supports the
use of� state and #ederal design guidelines; and,
WH�REAS fhe City of�For�t Worth acknowledges tl�at al1 funding is handled on a reimbursement basis..
Expez�ditures rnade pzior to signing an interlocal agi•eement on ihe project and receipt o# a Notice fo
Proceed will not be elzgible expenses; and,
WAEREAS the City of� Fo�t Wozth selects Option 1, "Standard Pzactice Option" as outlined in
Attachments 4 and 5 and will theiefore not assume the risk associated vvi.th Option 2; and,
WHEREAS as of .Tune 20, 2006, this Project does not �equi��e special exceptions, variances or require
action on other outstanding local regulation issues; and,
'WHEREAS the City will utilize the Gtant funds for wotk on the Project as outlined in an intez'local
agzeernent that the Cz ,ty must execute with NCTCOG in accordance with the Project Scope desciiptions
and pz•oject toial as described in Attachnn.en.t 6. Ihe City Manager wi11 have th.e authority to move funds
between the categories as needed, as long as the total project cost is not exceeded; and,
WHEREAS City of Fort Wozth concurs with the Regional Iianspoifation Council resolution
(Attachment 7} and prog��am zules (Attachment 8);
N4W THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WURTH THAT:
Ihe City Council hereby authorizes the City Maz�ager• to execute aza Tnterlocal Agreement with
NCICOG and/oz Iexas Depa�trnent of Iranspartation for receipt of�G�ran# fi�nds for the West Rosedale
Stt�eet Rettofit Project.
�i�a � �� � ���' �n�""e��� i
AND IT IS SO RESOLVED.
Adopted this 20th day of' � 7une , 2006..
ATTEST:
B : I Y \ + �''—/�
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Mazty Hendx'ix
�ity Secretary
Ai'PROVED
�a� ��Y ���JI�C�! ,
JUN 2 0 20U6
`��c�'�'^a`-^�
City Secretary oe the
City oi Fcrt Wortl:,'Pexas
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A�tachment 1
West Rosedale Str�eet Retr�ofit Project Descr�iption
Projects includizzg Midtawn, Oleander Wa1k, Villages of Samatitan House, and Magnolia
Green along West Rosedale SU:eet from South Main St�•eet to Forest Pa��k call for
st�eetscape enhancements to increase pedest�ian activity, The Susta.inable Development
funds will contribute to cuzb extensians, f�ee plan.ters, on-sfizeei pasking, native
landscaping in medians, reduction of'tutn lanes, and pedest�iat� signals_
Stseet calming and visual irnprovements for West Rosedale Street from Mai.n Sireet to
Forest Park will enhance pedestrian activity.. Mab olia Gxeen is a planned development
that will include a mix of���etazl uses and residential unzts. When the pioject is completed,
the development will have 178,000 square feet of office space, 139 zesidential units,
13,700 squase feet of retail space, and a patking structute.. Ihis mixed-use pzoject
iespects established pedesf�ian and vehicular gx;tds.
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Sustainable Development Cali for Projects
West Rosedale Improvements
Attachment 4
Eeave IWesf Rosedale Improvements ICity of Fort Worth IN/A I$300,000 �$75 000 IOct-06
blank l _ __ t �
NCTCOG Sustainable Development Call for Projects
Project Impiementation Process
RTC Action to Approve Sustainable Devetopment Projects (04113/OB)
1
Lead Public Sponsor chooses
Option 1, "Standard Practice Option"
1
Resolution of Governing Body
submitted to NCTCOG (no lafer than
5 p�m,,, July 14, 2006)'
a
RTC Action to Approve Projeci Scope
and Placement in TIP
�
Sign Interlocal Agr�ement with
NCTCOG�
�
Lead Public Sponsor provides 20% cash
match to NCTC�G
�
NCTCOG issues Notice to Proceed 2
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Begin construction using "Pr�aject
Staging" date as a sEart date
1
�o:�j�c�;r �,.n- o�c��-��J�RTC Local
Fund portion
1
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Attachnnent 5
1
Lead Public Spansor chooses
�ption 2, "Local FIoaY Option"
i
Resalution of Governing Body
submitEed to NGTCOG (no tater than
5 p.,m„ July 14, 2006)'
1
RTC Action to Approve Pro�ect Scope
and Pfacement m TIP
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Sign Interlocal Agr•�ement with
NCTCOG1
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NCTCOG issues Notice to Proceed (at
st�onsot's risk) 2' 3
�
Begin constr�uction on a locaily sei time
schedule
1
f'roject Completion
i
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��Y�rt��a ��men� o��BQ C��'C�.��a� �
e��,. .�fi►"o�a�e,-.a�te� �ss�gnet�- Pro,�e�i.-�t��n�
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2 Expenses incurred prior fo Notice to Proceed are ineligible for reimbursement
3 Project may proceed, however, NCTCOG reimbursement is contingent upon NCTCOG receipt af RTC Local Funds
Revised May 2006 Page 1 of 2
Attachment 5
NCTCOG Sustainable Development Call for Pr�ojects
Requir�ed Lead Publ�c Sponsor Decision Regarding Project 5tart Date
The irnpact of the staging group on project timing is dependent on a local choice between iwo options.
Option 1, "Standard Practice Option" means the project waifs unfil funds for the project are in a North
Centraf Texas Councii of Govemments (NCTCOG) account. Option 2, "Local 1=1oat Option" means the
project begins after NCTGOG signs a contract with a locai agency providing R7C L.acal Funds io
NC7COG and the local project sponsor (public or private) "floats" fhe project unti► NCTCOG receives
paymenf of R7C Local Funds to a NCTCOG account. A required element af the Governing Body
Resolution is the lead public sponsor decision to select Option 1 or Option �. In either case,
transportation improvements cannot be reimbursed prior to the assigneci "project staging" date.
Option �
"Standard Practice Option"
Lead public sponsor uses the assigned "project
staging" date as a start date far the project,
pending the receipt af a Notice to Proceed.
If RTC Local Funds are not available due to a
defaulf of local funds being paid ta NCTCOG,
the project may be switched to federal funding
This default si#uation would require a new
contract with TxDOT and may result in a delay
in the project.
For example, this default situation would occur if
a NCTCOG member local governmenf with a
contract with NCTCOG to maSce payment of
RTC Local Funds to NCTCOG is in violation of
fheir contract with NCTCOG
Revised May 2006
C*�
Option 2
"Local Float Option"
Lead public sponsor uses the assigned "project
staging" date as a date for rsimbursement only
and begins the project on a focally sef time
schedule that begins after a project agreement
is signed with NCTCOG.
Staff is authorized fo develop interlocal
agreements with RTC Local �unds that allow
immediate construciion with reimbursement to
the lead public sponsor contingenf upon the
receipf of RTC Local Funds by NCTCOG.
Please note, NCTCOG wi11 not sign Sustainable
Development I'roject interlocal agreements until
NCTCOG signs agreement(s) to receive RTC
Local Funds, If a lead public sponsor selects
this option, choosing to move forward and
complete their project prior to the assigned
reimbursement date, the lead public sponsor
will be "at risk" with regard to the default of local
funds being paid to NCTCOG This option may
preclude switching to F�ederal Funds in the
event that RTC Lacal �unds are unavailable
For example, this default situation woufd occur if
a NCTCOG rnember loca{ government with a
contract with NC7COG fo make payment of
RTC Local Funds to NCTCOG is in violation of
their contract with NCTCOG.
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Page ofi�'1 �;�: "y;,;"r,'���� �!� ;7, 5
,.,_ �— ��
NCTCOG Sustainable Development Call for Projects
Project Scope for infrastrucfiure Pr�ojects
Attachrr�.ent 6
Project #: 325
Project Name: West Rosedale (mprovements
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.�r.+ .....A..-•__ n'r.`:��iv�t= f , l ' a r i �-ra-_ ._:�pi�{> .I.�flii � ..i .'.,_4 _�.:,r. ':� -'c.':'.,*r=E7 �7.. ��i� �� � .
Gate � �_ : � ,..<: � -.—, -.::_ _.u,_ ,g�:.__.2�
�.. ... .. ` �: __ -_ _�._� _n-..n;;: _::�-,._. :�:.: �._.._.._.- ..... .�„� _. �..... -�p �
Sidewalks, crosswalks, benches, trash receptacles,
Pedestrian Amenities shade trees, Ei htin , edestrian laza $375,000.00
Construction of new/extended trails or connection to
existing/planned trail, route signage, landscaping,
Bic cle Trail li htin , e ress/access from existin / lanned trail $0.00
Installation of landscaping features along
Landsca in trans ortation facilities $O.Oq
Pedestrian shelters, pedestrian Iinkages to transit
cent�r, signage, passenger waiting areas, trash
Bus Transit rece tacles, landsca in $0.00
Station construction, pedestrian iinkages to stafion,
Rail Transit si na e, landsca in $0.00
Signal installation, signal refiming, equipment
Traffic Si nais u rad�s $0.00
Left turn lanes, right turn lanes, improvements to
Intersection fm rovements � intersection eomet , landsca in $O.flO
Capacity expansion, reconstruction, frontage road
Street Construction 2 ad'ustments, ram reversals, landsca in $0.00
TOTAL PROJECT COST {Fecieral + Local Funds}
� Required Information for Intersection Impr�o�ements
Description of exact
intersection of cross streets
Description of the work io be
performed on each approach
to intersection
2 Rec�uired Information #or Street Construction
Street Name
To/From Limits
Number of Lanes
Divideci/Undivided Facilit
�315,UUU.UU
RESOLU7lON ES7ABLISHING MANAGEMENT OF SUS7AiNABLE
DEVELOPMENT PR0.3ECTS
R06-05
WHEREAS, the North Central Texas Council of Governments has been designateci as the
Metropolitan Pfanning Organization for #he Dalfas-Fort Wnrth Metropolitan Area by the Governor of
Texas in accordance with federal law; and,
WHEREAS, the Regiorial Transportation Council comprised primari[y of local elected
officials, is the regianal transportation policy body associated with the North Central Texas Council
of Gavernments, and has been and continues to be a forum for cooperative decisions nn
transportation; and,
WHEREAS, the Dallas-Fort Worih area is a federally designated nonattainment area for
the po(lutant ozone, and air quality impacts the pubiic and economic hea[th of the entire region;
and,
WHEREAS, the Regional Transportation Council is responsibfe for air quality conformity;
and #he C1ean Air Aci Amendments of 199Q require that in air quality nonatfainment areas,
transpo�tatinn plans and improvement programs conform to the applicabfe air quality
implementatian plan; and,
WHEREAS, the Regiona! Transportation Council's first Sustainabie Development Ca11 for
Projects successfully implemented a wide variety of projects and was awarded the inaugural SmarE
Nloves: Transporfation Strategies for Smart Growth Award sponsored by the Environmentaf
Protection Agency, the American Associaiion ofi State Highway and Transportation Oificials, and
the Federal Highway Administraiion; and,
WHEREAS, the Regional Transportation Council approved $40.61 milfion for the current
Sustainabie Development Call for Projects on April 14, 2005; and,
WHEREAS, on April 13, 2006, the Regional Transportation Council approved the prajects
under the Sustainable Development Call for Projects, the use of Regional Transportation Council
Locai Funds pending the receipt of local funding agreement(s}, and the requirement that a
resolufion of the lead public sponsor's governing body for each project be submitted to NCTCOG
offices by 5 p.m , July 14, 2006.
NOW, T'H�RE�ORE, BE IT' FiEREBY RESOLVED THA7':
Section 1„ The Regional Transportation Council appraves the project scope and
timing far inclusion in the Transportation Improvement Program after
receivi�g Gaverning Body Resolutions for individual projects,
Secfion 2,. Standard practice is to issue a notice to proceed in the year that funds
are available. in order to expedite benefits of the program, staff is
authorized to develop agreements that allaw immediate construction with
reimbursement pending recsipt of Regionai Transpor�ation Cauncil Local
Funds. The lead Public Sponsor will sign an agreement that states they
understand the risk of such construction.,
5ection 3. Funds retumed from infrastructure in�estments and planning projects
unable to move forward wifl be reallocated to the next Sustainable
Develapment CaH for Projects.
Sectian 4. Selected lanci banking prajects will be required to return ta the Norih Central
� Texas Councif of Governments, at a minimum, the Regianal Transportafion
Council Loca) Funds upon resale or lease of lanc! acquired under the
program., Reasonable costs will be considered. A L.and Sanking Program
will be established for future projec#s.
5ection 5. The Land Banking Program is to be administered as land acquisition for
economic development purposes.
Section 6. Regiona{ Transportafion Council action is required fo reprogram funds from
any Sustainable Deveiopment Program or Projects.
Sectidn 7. 'T'his resolution will be transmitted to all local gavernments with Regional
� 7'ransportation Council selected projects under the Sustainable Development
Cal( for Projects.
Councilmernber, City of Fort Worth
i be in effect irnmediately upon its adoption.
( hereby cer�ify that this resolution was adopted by the Regionat Transporiation Council of
the Nor�h Central Texas Council of Governments for the D Ilas-Fort Worth Metropolitan Area on
May 11, 2006 ,
T.. Oscar Trevino, P.E,., Secretary '�
Regional Transportation Council
Mayor, City of Norttt Richland Hills
Attachrx�.ent S
RULES FOR NCTCOG'S SUSTAfNABLE DEVELOPMENT CALL FOR PROJECTS
General Conditions
1, Project appficants may access the online application beginning November 1, 2005,
ai: www.dfwinfo.com/trans/landuse/1oint venture/2005.html. Online applications
must be submifted by 5 p.m�, January 20, 2006,
2. In addifian fo an electronic submittal, all applicants must submit two paper
copi�s of a comp(eted and signed application to NCTC�G offices by
5 p.rn,,, January 20, 2006„ (ncomplete applications or those not received by the
deadline will not be accepted. Supplemental information will not be accepted after
the deadline.
3. Projects must be consistent with the Regional Transportation Council approved
Screening/Project Selection Process and t(�e Regional Transportation Council
approved Sustainable Development Areas of Interest..
4. Projects rr�ay be funded with federaf or local funds. Projects built with federal
funds wiq follow the sfandard Texas Department of Transportation
(TxDOT)/Federal administrative process and design standards,. Projects builf with
local funds will follow the administrative process and design standards of the
public sector sponsor under an interlocal agreement with NCTC4G.
5. All funding is handled on a reimbursement basis and expenditures made prior to
signing an agreement on the project will not be eligib(e expenses,. if federal funds
are involved, expenditures made prior to receipt of a Federal Project Authorization
and Agreement (FPAA) are not eligible,
6. A public agency must sponsor each application. The sponsoring public agency will
serve as the lead project contact.
7.. All projects require a minimum local cash match of 20% of #he total project cost,
Over-matching fhe project is allowed..
8.. Cost overruns will not be the responsibiliiy of the Regianal Transporfation Council.
Local partners will be responsible for any cost overruns,
9. The Western subregion a[location is $12.59 million, The combined total requests
from each individual public sector agency in the Western subregion shali not
exceed this amount
RULES �OR NCTCOG'S SUSiAINABLE DEVELOPMENT CALL FOR PROJECTS Page 1
Attachment 8
General Condi#ians (continued)
10. The Eastern subregion allocation is $28 02 million. The combined total requests
#rom each individuai pubiic sector agency in the Eastern subregion shall not
exceed this amount..
11. The Regional 7'ransportation Council will approve all fnal projects and funding
levels.
12. The Regional Transportation Council reserves the right to remave funding from a
project that is no iong�r supported by both local partners,
13. The Regional Transportation Council reserves the right to removs funding from a
project for which the locai sponsor is unable or unwilling to sign a local agreemen#
to implement #he project or cannot provide the required 20% local match.
14.. All funds that are unexpended or removed from a project return to the regional
Sustainable Development Program forfuture funding initiatives.
Conditions for Local 5ustainable Development Pfannin_q Proqrams
1. No individual project funding request may exceed $300,000.
2. Proposals must create fhe planning foundatian or straiegic assistancs necessary
for a development project that would be efigible and competitive for the
Sustainable Development Call for Projects.. Applicants are encouraged #o submit
Sustainable Development programs that inciude (but are not limited to): objectives
creating urban design standards for an area, creating a tax increment refinance
zone, or implementing a public outreach campaign promo#ing iivable communities.
3. No private sector sponsor is required,
Condi#ians for Land Bankinq Projects
1.. The Regianal Transpor�ation Council has established that no mare than 20% of
the total funding allocated to the Sustainable Development Program be spent on
land banking� Thus, no individual land banking funding request may exceed $8.'i
rnillion..
RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PR�JECTS Page 2
Attachment 8
Conditions for Land Bankinq Proiects icontinued
2. Individual project meetings will be required for land banking applicants. NCTCOG
staff will schedufe these meefings after January 20, 2006.
3. No private sector sponsor is required
4. The sponsoring public agency must pro�ide to NCTCOG a resolution of its
governing body, endorsing receipt o# the award, and intent ta participate in a land
banking program within 90 days of Regional Transportation Council action to
select the project.
Conditions far Trans ortation Infrastructure Pro'ects
1, No individual project funding request may exceed $7 rnillion.
2. Zoning and development codes necessary to allow the development to be built
must be in place by the January 20, 2006, deadline.
3. A letter of support from an active priva#e-sector partner currentfy working on a
development in the impacted area is required.
4.. The sponsoring public agency must demonstrate a public/private partnership,
Public enfities may include a county, city, transit authority, or special district.
Private sector partners may include for-profit private devefopers, not-for-prafit
homebuilders, Independent Schoof Districts, housing authori#ies, colleges,
universiiies, iax increment refinance zones, and public improvement districts.
Local government support is required for all applications.
5. Items ineliqible far reimbursement include, but are not fimited to: construction ar
rehabilita#ion of privafe buildings, artwork, fountains, instailation and/or
rehabilitation of water and sewer lines, parking garages, earthwork necessary to
raise proposed buildings out of the fioodplain, and ather items not cfirectly related
to mobility. Ce�tain cafegories of federal funds may be mare restrictive.
6.. Transportation infrastructure efiqible for reimbursement include, but are nat (imited
io: roadways, intersection improvements, bus stops, sidewalks, shade tr�es,
fandscaping, pedestrian/bicyclist amenities, crosswalks, bicycle paths, fransit
stations, right of way or easements necessary for transportation facili#ies Certain
categories of federal funds may be more restrictive.
RULES FOR NCTCOG S SUSTAINABLE DEVELOPMENT CALL FOR PRbJECTS
� . _ --
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Attachment S
Conditions for Transpartation In#rastructure Proiects (contirtue�
7.. E(i • iq ble transportation infrastructure must be (a) physically focated within or along
the limifs of the proposed development/redevelopment zone or, (b) lacated within
walking distance of the proposed project (1/2 mile or less depending on sife
conditions), or (c) directly relat�d to either the roadway or rail access necessary to
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 Council action to select the
project.
RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL F�R PROJECTS Page 4
Appendix B
Lower Tier Participation Debarment Certification
LOWER TIER PARTICIPANT 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
ng utticia�
Assistant Citv Manaqer
Title
f� �:J�.�;�
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 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. .�' .
,
.�'
,
' nature
Assistant Citv Manaqer
Title
Citv of Fort Worth
Agency
l�'l�"'��
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
n b. grant ❑ 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
❑ Prime C� 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
$ u actual ❑ planned !_, b. one-time fee
u c. commission
12. Form of payment (check all that apply): � d. contingent fee
❑ a. cash ❑ e. deferred
❑ 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
pr.1 /-'� �( I� i"I�^i:" f��1'.
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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 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 additional information if the space on the form
is inadequate. Complete all items that appiy 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 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
■� - -
��i►
North Central Texas Council Of Governments
February 16, 2007
Via Certified Mail Return Receipt No.: 7005 1820 0000 7035 �S�- �� ��
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 West Rosedale Improvements
- Magnolia Green.
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
$75,000 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:jh
Enclosures
cc: Alicia Hopkins, AICP, Principal Transportation Planner, NCTCOG
West Rosedale Improvements Magnolia Green 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: SCOTT BELLEN, SR PLANNER
1000 THROCKMORTON
FORT WORTH, TX 76102
PO Number
Description
Terms
Net 30
Attendants
West Rosedale Improvements
Magnolia Green
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
$75,000.00
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
Terms
Net 30
Attendants
West Rosedale Improvements
Magnolia Green
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
$75,000.00
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 Adminisfration
AGREEMENT COVER SHEET
TYPE OF AGREEMENT: Administration of Grant Activities for the City of Fort Worth and the
West Rosedale Improvements — Magnolia Green Project
AGREEMENT PERIOD: signature date through closure
AGREEMENT AMOUNT: $375,000 ($300,000 RTC Local Funds &$75,000 Local Match)
North Central Texas Council of Governments Project Manager:
Alicia Hopkins
616 Six Flags Drive, Suite 200, Center Point Two 817-608-2380
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
Sustainable Development
Coordinator:
Scott Bellen
(817)-392-6942
Project Manager:
Shad Comeaux
(817) 392-8767