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