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HomeMy WebLinkAboutContract 35016��� t� 1 � `�,'t"'�'�r�i'n -;!�' 1 ,;._ a; ;�'li��( j � � � 1. ., ,' � ;,. , � � t/ 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 October 12, 2006, the RTC approved action on the Transportation Improvement Group Scope for the McAdams Building and Six Points Center 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. ,����'� � � r �,^ � � i� ,� ,o�r ; o ", v c,l.. a�;�l�l���✓ ���1� ���G?� !11�?� ��, '�s::`������, p���, 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 $400,000. 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. �, � ��u�S �jr� "c="�. •';U� tiii' � J��':J ,'S�: :`: � V\i� J�; l.� rN ,�j ;,t���,,;�;i r�'��WI�� �V��L� �. Li��l7 a ��.,;; � u ��i�� :��;i�, yi�;�; , . � �:r J�. 11' i 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 $80,000. A Notice to Proceed will be issued upon receipt of local match and compliance with Section 11.1. 4.3 Cost Overruns. Cost overruns are the sole responsibility of the SPONSOR. NCTCOG is not responsible for any costs other than as outlined herin. 5. Payments. 5.1 Ineligible Expenses. NCTCOG funds shall only be used for construction aspects of the INFRASTRUCTURE PROJECT. The SPONSOR will not be reimbursed for ineligible expenses which include but are not limited to: construction or rehabilitation of private buildings, artwork, fountains, installation and/or rehabilitation of water and sewer lines, parking garages, earthwork necessary to raise proposed buildings out of the floodplain, and other items not directly related to mobility. Expenditures such as staffing, travel, lobbying, permitting, land acquisition unassociated with transportation improvements, vehicles, advertising, billboards, consumables, and any other non-construction activities inconsistent with the intent of the Sustainable Development program are not eligible. 5.2 Eligible Expenses. Costs must be determined to be the reasonable, necessary, actual, and eligible costs of conducting an approved activity in accordance with the Transportation Improvement Group Scope item, Attachment 6 of Appendix A to be eligible for reimbursement. Eligible transportation infrastructure must be (a) physically located within or along the limits of the proposed development/redevelopment zone or, (b) located within walking distance of the proposed project (1/2 mile or less depending on site conditions), or (c) directly related to either the roadway or rail access necessary to make the development viable. 5.3 Availability of Funds. This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited to the receipt and availability of RTC local funds. If RTC Local Funds are not available due to a default of local funds being paid to NCTCOG, this contract shall terminate. 6. Rights. 6.1 Authority. The SPONSOR shall have no authority to act for or on behalf of the NCTCOG. No other authority, power, use, or joint enterprise is granted or implied. The SPONSOR may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of NCTCOG 6.2 Assignment. Without the prior written consent of the NCTCOG, the SPONSOR may not transfer or assign any rights or duties under or any interest in this Agreement. 6.3 Maintenance. The SPONSOR agrees to construct, own (or secure appropriate perpetual easement to protect the project from future activities of landowners), operate (as applicable), and maintain all facilities and/or restoration sites developed or improved pursuant to this Agreement. 7. Miscellaneous Provisions. 7.1 Indemnification. NCTCOG and the SPONSOR agree that neither party is an agent, servant, or employee of the other party and agrees it is solely responsible for its individual acts and deeds as well as the deeds of its contractors, employees, representatives and agents. 7.2 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by force majeure, defined as reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within reasonable time of the existence of such force majeure. 7.3 Contractual Relationship. It is understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership of joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.4 Blueprints/Designs. The SPONSOR shall provide the NCTCOG with copies and recent updates of any final blueprints or designs pertaining to the INFRASTRUCTURE PROJECT and LAND USE DEVELOPMENT upon request. 7.5 Insurance. The SPONSOR shall comply with the insurance requirements imposed by State and local laws, regulations, and ordinances. 7.6 Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.7 Disputes and Remedies. The SPONSOR and NCTCOG shall negotiate in good faith toward resolving any disputes that arise under this Agreement. 7.8 Public Comment Process. Public meeting and public hearing notices regarding the INFRASTRUCTURE PROJECT of the LAND USE DEVELOPMENT shall be provided to the Project Manager within five (5) days of publication. Meeting minutes, summaries of communication, and copies of written responses to public comments and questions shall be transmitted to the Project Manager within thirty (30) days following the meeting 7.9 Notice. All notices to either party by the other party required under this Agreement shall be in writing and delivered to the addresses shown below. A copy shall concurrently be provided to the Project Manager, provided on the Agreement Cover Sheet, of the party receiving notice. Either party's point of contact may be modified without requiring an amendment to the contract. NCTCOG Mailing Address: Michael Morris, Transportation Director North Central Texas Council of Governments Transportation Department P.O. Box 5888 Arlington, Texas 76005 Telephone No.: (817) 695-9240 Facsimile No.: (817) 640-3028 PUBLIC SPONSOR Mailing Address: Scott Bellen, Senior Planner Planning Department City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Telephone: (817) 392-6942 Fax: (817) 392-8016 8. Design Standards/Certification. Physical Address: Michael Morris, Transportation Director North Central Texas Council of Governments Transportation Department 616 Six Flags Drive Arlington, Texas 76005 Physical Address: Scott Bellen, Senior Planner Planning Department, 210D City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 8.1 Design Guidelines. SPONSOR agrees to design, build, and maintain the INFRASTRUCTURE PROJECT in compliance with standards and procedures established by SPONSOR'S governing body. 8.2 Inspections. SPONSOR agrees to perform field inspections at appropriate intervals to be determined by SPONSOR to ensure project compliance with the standards and procedures established by SPONSOR'S governing body. Copies of such reports shall be provided to NCTCOG upon request. 8.3 Certification. As part of any reimbursement request, SPONSOR shall certify to NCTCOG/RTC that the project meets the standards and procedures established by SPONSOR'S governing body. ., �,-, • �;�.� ,, , ., �����'L��i.;y:L Ais�'�rJk�'! `���ll ���`;� � %��?�� ��� �����<��,���, ��n, 8.4 The SPONSOR shall ensure that all required documents of the INFRASTRUCTURE PROJECT, including but not limited to insurance certificates, performance or payment bonds, and required licenses and permits of a SPONSOR or the SPONSOR'S subcontractors be kept on file, current, and available to the NCTCOG upon request. Additionally, any relevant performance documents pertaining to the INFRASTRUCTURE PROJECT, such as correspondence, evaluations, reports submitted by the subcontractor and/or the SPONSOR'S contract administration team, payment requests, and copies of invoices shall be provided to the NCTCOG upon request. 9. Accessibility and Maintenance of Records. 9.1 The SPONSOR shall maintain a record keeping system for all of its activities, including program records and financial management records, which support and document all expenditures of funds made under this Agreement, in accordance with federal regulations, state rules, and the Interlocal Cooperative Agreement. This section shall not be interpreted to require maintenance of multiple exact duplicate copies of any record or document. 9.2 All records must be maintained for a minimum of three (3) years after PROJECT closeout. In the event that any litigation or claim is still pending before the expiration of the three-year period, these records shall be retained until resolution of the litigation or claim. NCTCOG and their duly authorized agents shall have access to all records that are directly applicable to this agreement for the purpose of making audit(s) examinations. 10. Audits or Evaluations 10.1 The SPONSOR shall provide NCTCOG, for its review, a copy of any audit received as a result of SPONSOR policy or audits of federal and state governments relating to the expenditure of grant funds. Such audits shall include or be accompanied by any applicable audit management letter issued and applicable responses to the auditor's findings and recommendations. All audits shall be submitted to NCTCOG within thirty (30) days of receipt of each issued report. 10.2 NCTCOG reserves the right to conduct financial and program monitoring of all awards to the SPONSOR and to perform an audit of all records, related to this Agreement. An audit by NCTCOG may encompass an examination of all financial transactions, all accounts and reports, as well as an evaluation of compliance with the terms and conditions of this Agreement. 11. Reports 11.1 The SPONSOR shall provide a list of Supporting Documentation for the INFRASTRUCTURE PROJECT and the LAND USE DEVELOPMENT to the NCTCOG Project Manager, prior to issuance of a Notice to Proceed which shall include; - Project Milestones and - Supporting Schedules. - Site plan, Description of intent the LAND USE INFRASTRUCTURE requirement, and as to which building permit will be available for DEVELOPMENT at the end of the PROJECT as part of the Reimbursement Before condition photos and narrative report in a format provided by the NCTCOG. Supporting Documents may be adjusted without amendments to this Agreement. The SPONSOR shall submit to the NCTCOG Project Manager for approval updates to Supporting Documentation of the INFRASTRUCTURE PROJECT. 11.2 At Milestones, provided as consistent with the reporting procedures of the Local Government SPONSOR, the SPONSOR shall provide to NCTCOG a written progress report as agreed upon. Each Progress Report shall briefly describe the work accomplished, problems arising, proposed remedies for those problems, products completed, and the status of the schedule and budget for the project. The Progress Report shall be submitted within 30 days of a designated Milestone. 11.3 The SPONSOR shall provide a copy of building permit and the application for the permit to the NCTCOG within (2) two weeks of its availability. The permit will be reviewed for consistency to the original application. 11.4 Using a form prescribed by NCTCOG, the SPONSOR shall submit a Year-End Report, reflecting all program activity for each fiscal year of the INFRASTRUCTURE PROJECT until final completion. 11.5 Using a form prescribed by NCTCOG, the SPONSOR shall prepare a closeout report to document actual project costs and final program activities of the INFRASTRUCTURE PROJECT to NCTCOG. This report shall be provided to NCTCOG in the requested format no later than (60) sixty days of the SPONSORS project completion of the INFRASTRUCTURE PROJECT. 11.6 Using a form prescribed by NCTCOG, the SPONSOR shall prepare a status report to update activities of the LAND USE DEVELOPMENT to NCTCOG. This report shall be provided to NCTCOG in the requested format no later than (60) sixty days of the SPONSORS project completion of the INFRASTRUCTURE PROJECT. 11.7 Using a form prescribed by the NCTCOG, the SPONSOR shall submit a status report of the INFRASTRUCTURE PROJECT in April of 2011, five years after the initial RTC project approval in April of 2006. 11.8 All reports prepared by the SPONSOR shall be submitted to the NCTCOG Project Manager or their designee. 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 V Y���V��°� � a'�5��.%A;� �'�pC� ����;����`��� �,� �. ��:'���'���, � p�� � ��. 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 executed this Agreement in duplicate original at Arlington, Tarrant County, Texas, the �i�1 day of NQ,�Pr(��I.11 ii , 20(�. NO NTRAL TE COUNCIL OF GOVERNMENTS R. Mich el Eastland Executive Director APPROVED AS TO FORM: General uncil PUBLIC SECTOR �PONSOR TTEST: , Marty Hendrix City Secretary Contr � Au i tion Date�`'���� �� �0 [��(�0 APPROVED AS TO FORM AND LEGALITY� r��yr' w" Melinda Ramos Assistant City Attorney Date: �l ����Y ��. APPI��VED: � — ��"� ��� ��--�' -- i L'""'`� � Libby Watson Assistant City Manager Date: ��%'/ � � U � APPROVAL RECOMMENDED: - - —� � `� Fernando Costa Director, Planning Department " ����'' �� "`` '� 'a�'�s���'U�a' �" � v �;!:. �: l.� � a.J ����� �:��>'R� �'`��� �,.:�� r5 G; U' � , ';�;'Ja. Ui�� i � Appendix A Public Sponsor Resolution �.�f�L�J �� 1`�':� 'r';j , 3y� � � �, �� � �UUI� c?�'?�a1� i'�fip r:,,-. -, ,, ryy� �(1, ��}� �U�� R�� 1`� � .•'s�;T1:U9tl� tl�Gti� City of Fort Worth, Texas Mayor and Council Communicat�on s���..� _ . � . COUNCIL ACTION: Approved on 7/11/2006 - ResoIu#ion No� 3385-07-2006 & Ordinance No. '17a42-07-2006 i_B:�SL'SJn_..'R�Cr�Sili� � 'Q..rilE'<HS•LS'S'�lb.r.—T.�w^IS-i•:..�F.« . . - _ _=+a�y( DATE: Tuesday, July 11, 2006 LOG NAME: 22SD MCADAMS REFERENCE NO.: G-15241(Revised} SUBJECT: Adopt Resolution Authorizing an Interlocal Agreement with the Nor�h Central Texas Council of Governments for the McAdams Buiiding-Six Points Sustainable Developmen# Project, Authorize New Development Fund Transfer in the Amount of $$Q,000 to the Grants Fund, Accept Funds from NCTCOG, Adopt an Appropriation Ordinance, and Authorize Payment to NCTCOG �n.ru �'----^� - _ -^���=t�wsc.�.�n,ea-��.�ff:rcc-s�'rs�n: � .m . -.,;�� _ -•� R�COMMENDA'TI�N: It is recommended that the City Council: 1.. Adopt the attached resolution to authorize entering into an int�rioca! agreement (ILA) with the North Central Texas Council of Governments (NCTCOG) for the McAdams Building-Six Poinis Sustainable Development project (Project); 2, Authorize the City Manager to accept Sustainable Development funds in the amaunt af $320,000 from NCTCOG; 3. Authorize the transfer of $80,000 frorrt the New Development Fund to the Grants Fund for the loca! match; 4 Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund by $40�,000; 5. Authorize a nan-interest bearing loan from the General Fund in the amount of $80,000 to the Grants Fund; ahd 6. Authorize payment of $80,�00 to NCTCOG in lieu of administrative fees, with the unders#anding that these funds will be reimbursed in fiuU upon Project completion. DISCUSSION; On January 19, 2006, (M&C G-15065) the City Council authorized the Planning Department to submit nominations for seven projects for funding through the Sustainable Development Program.. On Apri! 13, the Regional Transportation Council approved funding in the amount of $320,000 for the McAdams Building-Six Points Project., This grant amount requires a local match of $80,000, which brings the total Project amount to $400,000, The required locai match of $80,000 will come from 2004 bond funds allocated as focal match for streatscape improvements in urban viflages, In lisu of charging administrative fees, NCTCOG requires that the local match of $80,000 be paid before Logname: 22SD MCAD.AMS Page 1 of 2 fhey wi(I issue a Notice to Proceed on the Proj�ct NCTCOG will return ihese funds to the City when expenditures have reached 80% of the Projeci total, and retain the interest earned to cover administrative cosfs . Upon approvaf of this M&C, staff wi11 complete the following activities: 1., Submit fhe resolution to NCTCOG on or before Friday, July 14, for consideration by the Surface Transportation Technical Commitiee, #he Regional Transportation Cauncil, and the Executive Board of NCTCOG.. 2, Upon approval by the aforementioned bodies, work v�ith NCTCOG to execute an interlocal agreement. 3.. Submit payment of $80,000 to NC7COG, which will be reirr�bursed in its entirety upon completion of the Project 4. After receipt of a Notice to Proceed, issue a request for quafifications from appropriate engineering fiirms. This project is located in COUNCIL DISTRICTS 2 and 4.. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifes that upon approval of the above recommendations, receipt of the funding, and adoption of the attached appropriation ordinance, funds will b� available in the current operating budget, as appropriated, of the Grants Fund.. TO FundlAccountlCent�rs GR76 459409 022203XXX000 GR76 472202 022203XXX000 GR76 5(VARIOUS�022203XXX010 CR76 15900Q OOQ2XXX000 $320.OQ0.00 �so.000.oa �400,000.00 $80,000.00 FROM FundlAccount/Cehters C202 538070 22270046180 $80,ODO.DO SubmEtted for City Manager's Office by. Libby Watson (6�$3) Ori, iq`nating Department Head: Fernando Costa (8D42) Additional Information Coniact: Shad Comeaux (8767) �.,��.�- � _ ���,� Logname: 22SD MCADAMS Page 2 of 2 A Resolution NO„ 3385-07-2006 A RESOLUTION AUTHORIZING THE CZTY MANAGER TO EXEGUTE AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXA,S COUNCIL OF GOVEItNMENTS FOR RECEIPT .AND USE OF SUSTAINAELE DEVELOPMENT PROJECT GRANT FLTNDS FOR THE MCADAMS BUILD�NG/SIX POINTS PROJECT (ItiVERSIDE DRIVE, EAST BELKNAP STREET, AND RACE STREETS) WHEREAS the Regionai Iranspoztation Council, compzised prirnarily of local elected officials, is the regional transpottation policy boatd associated with the Narih Ceni�al Texas Council of'Governments ("NC7COG"), and is the regional foium for coopetative decisions on transportation; at�d, WHEREAS on JanuaYy 19, 2006, the City Council adopted M&C G-15065 autharizing the City Manager to nominate the McAdam�,s Building/Six Points Project ("Project"} �oz the NCTCOG Sustainable Development Pz•ogzam for st��eetscape innprovements along Rivezside Drive, Race St�eet and aiound the McAdaraas Building on Rivezside Diive, East Belkr�ap Street, and Plumwood Siz�eet; and WHEREAS the City ofFort Wor�h submztted a sustainable developmentproject application for the McAdams Buildzng/Si� Points Pi•oject to NCICOG prioz to the .January 20, 2006 deadline; and, WHEREAS on. Febzuazy 24, 200b, NCTCOG nominated fihe City of Fort Wor�th ("City") to receive a grant in ihe amount of $320,000 (the "Grant"} thiough the Sustainable Development Progiam for the Pioject; and WHEREAS on Apiil 14, 2005, the Regional Izansportation Council apptoved $40..61 m�llion fror the ciu7�ent Sustainable Development Call foi Projects, and on Apzil 13, 2006 approved fizx�:di�g in the amourzt of'$320,000 foi the Pzaject; and, WHEREAS the Regional I�anspoz�tation Council approved the "Resolution Establzshing Management of' Sustainable Development Pz�ojects" on May 11, 2006; and, WHEREAS ihe Regional Tz�atxsportation Council requires the submittal of'this resolution pxiot to the executian of�an i.nteilocal agz�eement with the Notth Central Iexas Council of Goveinme:nts; and, WIiEREAS the City of�Fort Wot�th will sezve as the lead Projeci contact; and, i���"`�° �� �"`���' �#���� u-�'���r,;�;:�±�. �%i��;:; �r�, v�Jr.0 v���� c `= � s��� ��c„ � �'?L 11L� �;-� �:;'�' 7 u. ' ^ �� ':r��J�liufi ULSG�� ) F2esoluti�n No. 3385-07-2006 WHEREAS the Cit,y of' Fo�t Wozth suppo�ts the ovez•all landuse development and concept of' the McAdams/Six Points development and Project scope as applied foz zn the ozigznal Sustainable Developrrzent Call for Projects application (Attachments 1-3); endorses the Praject scope; confiims pa.rticipation of' a piivate sector� par�tnez� (Uxban Riverside, Inc.); and approves project timing to be coxxzpleie by May 1, 2009; and, WHEREAS the City of' Fozt Worth. will fund or pass tl�ough funds fr�om the pYivate sectoz foi a minimum Iocai cash match of 20 percent ($$0,000) of'the total project cost ($400,000..) Ihe local cash match will be paid prioz� to zeceipt of'the Notice to Proceed and will be zeimbuz�sed in its eniii�ety when expendittu�es reach 80 percent of the Pi�oject total. Additionally, 80 percent of'the total Project cost will be z�eimbursed upon completion of'the project; and, WHEREAS the City of Fox�t Worfih will be responsible fox any cost ovezx�uns, not the Regional Transpoxtation Council; and, WHEREAS lI1�T�StI'L1C111I'� built with local funds will follovv the admznistsative process and desi�. standa.ids of the Cii� of� For�t Wozih. If' fedezal funds xnust be used, the City of� Fort Worth supports the use of'state and fedezal desi� guidelines; and, WHEREAS the City o#'�oz�t Wozth acknowledges that aIl fu�tzding is handied on a xeimbuYsement basis. Expenditures made prioz to signing an interlocal agreement on the project and receipt of a Notice to P�'oceed will not be eligible expenses; a;rzd, WHEREAS the City of Fort Worth selects Option 1, "Standai�d Piactice Option" as outlined in Attacl�unents 4 and S and will thezefoze not assurne the risk associated with Optzon 2; and, WIrEREAS as of Tuly 11, 2006, this Project does not require special exceptions, va.tiances or require action on othe� outstanding local iegulation issues; and, WHEREAS the City will utilize the Grant funds foz work on the Project as autlined in an inteY�Iocal agreement that the City xz�.ust execute with NCICOG in accotdance with the Pzoject Scope descziptions and p�oject total as descz�ibed in Attachment 6.. The City Manager will have the authority to move fiznds between the categories as needed, as l.ong as the total project cosf is not exceeded; and, WHEREAS Ciiy of Foit Wox�kh concuzs with the Regional Iransportation Couneil resolution (Attachment 7) and pzogzazn zules (Attachment 8); N4W THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH THAT: The City Council hereby authorizes the City Managez to execute an Interlocal Ag;•eement with NCICOG and/oz the Texas Depattrnent of Transportation fo�• receipt of Grant fiu�.ds for the McAdarn.s Building/Six Points Pr•aject. ��i'i�'� �.�' �'`#�i�''�` '���*�� Resoluiiun No. 3385-07-2006 AND �T IS SO RESOLVED. Adopted this 11th day o#� July 200b.. AT IES T: By:_ Marty Hendrix City Secretary A�PROVED �1�� ���1T��1� JUL 1 i 2006 'l�n�.���.,� Ciiy SacreYaxy of the Cii;� rf rc+z•t b�rcrf�,, Texas ���� �� ���� ���'�� fiesoIuti�u No„ 3385-07-2006 Attachment 1 McAdams/Sig Points Praject Description Ihe McAdams/Six Points project sits on the cornez of� Riverside Dz ,, East Belknap Sfi�•eet, and Race S�t�eet.. The building was built in 1931 and scheduled foi demolition. Because the Riveiside Neighboihood AIliance, which. compzises the eight suzxounding neighboxhood associaiions, had identified it as pivotal for its revitalization efforts, ther�e was a demolition delay.. Ihis ailowed the group to fznd an investment angel io step in and buy ihe buzlding. The pzoject was zezoned mixed use. It has since been totally redone and leased spaces to attotneys, testaivants, and is the home of'the new neighborhood police station.. Design of' phase TT is beginning. It is now time to link it to the rest of� Riverside and the Central Business Disirict.. Ihis wilI be accomplished by pedestrian access and bike trails . Resolutioin No�, 3385-07-2006 � � ■� 0 a � � � � .�^' Q) L� � � C N ' �:�' �� � 'C U ■� .Q i '� CI� � ,� O � � � � a� a� � .,.. o �' ? :� � , � q� c ■ � � � � -�--' .Q {�j� (� � � �� .. � � . � N O C = � .� � �, � ,� � +,�-� c� � � � �U � N u � c�l� � C� � � (/? ���o���s�oQ.. � �� ���� � �� � .►..: �.,c� � �?'o �" � �o������o�.a� � � �t�� � � � Q'�c � � Q � . �� ��� v ��°�����.�o � ,�� -� L ��_ c�n � � I � .� ���oo�-���..� 4� � � � ..^��� jS� ����'�'��o�m i +N-� � O � p ,� N '� }, � � � � � U � �,,,, °� � � V [CS i •+� (� � C � m �� N CU O�� N � U (J� ��Q > � �.� }'� �W U � �}, Q.�� �-, t� � '"' � Z3 : L � N �.: (� � cn � (� O (� � • 'a � ,?j .� L t� � i Q � � �C N � p cn C,.-,t'f �.►-� � N U ,� r � `� (� U1 � � � `S � L � � �s � � � � L :Q N � � ��� O � cii „� � j � }�-Ci.�Z�tzc � c ^� � O � O � � � � ! C .X � I O � � � � � o � I � c �� o �� �o N Cr � �c� �' �, �- � � � o �> � a� cn ���� C� C Q � � V C � ���f ���� � O +, C � .f ' � L� � � 0- � 1� +-� � X � U O � a3 0 +-' � {l� Cn .Q � � � � � � .� "� �' U I � � � � N � � -Y O '•� U V � °p^ � � �c���°� � � � � � � .�, � � O � o��� .Q r � ,.� .s . -�-� � O - � C � Q'� � V '� � � � C� (� "= Z3 .� U � � � � � ����.�? ��`���Q � � -� � �.o � � �•��o � q� .� cn �, c c -� � o � � � °-� � � � `�,._, � � c� ��'`����� �'����� ������ X tA U1 V CU O p � � V C �00�l� � � Q� � O O a� � -Y tL � � i � � � � � 'O � \ � f,,,, i„ o — C � Q, � O � � � � U'� � � �i o � � � ?'� � � � — .�... � p � O ���O�a�i'o �t) U Y � � p U� ��U ��.,� o Attachment 2 I� No„ -2006 � r � ,, � . �.. �� . � ti � �`. � '�. / �; � �. ���, � \ � � �'� i / \ �' . fj j ' � � � ��o:. �..' \ i . '�, �iiy e: "C. / \� �� S�; ''�, . � � b.�,�j� , ��.,� i ��• � � ` �\ :. � � �. .. � i __., _ .-ti .. _.... . � � � � �;,� `�♦ \ � `,� � � �. `` �, �� \ � \ � �� � \ � � � a 0 � � 0 0 w � � z x a � c� � � O vi �� �� r cr � � �� `-1 Attachment 3 ci c t O ;a � i � � LL. � O � t� .� .Q U � � L o ° N � � � o ° �. is" tIj � t� � .,Q > o a N v C ^ �� a, c �- `w w C9 U o � �U � � f,�, 7 p O y V � m X � � � F � � f0 � C C +�+ d � :.i � � � � o 0 Z N Pesolution No� 3385-07-2006 Sustainable Development Call for Projects McAdams Building - Six Points Project Attachment 4 �,, 2 �, �-�, � �.� �, � ;;���J���-.��:�� �= a:���Jl:.��� �,�57,% ;- �, �, ��,, _ r i i � I i ` �� �S �; � II'i'. .�'; ,�i �1�� h �:�5��::''J�'�il:�':�:�: , ,U 2 ��� `:':<�;�t���i� �L�S, 12esolution No. 3385-07-2006 NCTCOG Sustainable Development Cail for Projects Projecf Implementation Process RTC Action to Approve Susfainable Development Projects {04/73106) � �� Attachment 5 l.ead Public Sponsor chooses Lead Public Sponsor chooses Uption 1, "Sfandard F'ractice Option" Option 2, "Locaf Float (Jption" 1 1 Resolution of Governing Body Resolution of Governing Body submitted to EVCiCOG (na laier than submirted to NCTCOG {no later than 5 p�m., July 14, 2006)� 5 p�m. July �14, 2006) � 1 1 RTC Action to Approve Project Scope RTC Action to Approve Project Scope and Placemen# in 'TIP and Placement in 71P 1 -1 Sign Interlocal Agreement with Sign Inferlocal Agreement with NC'TCOG' NCiCOG� 1 1 ....,>: � � � .�: ur� � Lead Public Sponsor provides 20% cash ��[�s;-�}�e��^ _,?�� match to NC'iCOG r^ 4�' f`^ "��'�''�'� 1 1 NCTCOG issues Notice fio Proceed 2 NCTCOG issues Notice to Praceed {ai sponsor's risk) z� 3 a � Begin construcfion using "Project Begin construction on a iocafly set time Stagirtg" date as a start date scf�edule 1 1. G`�11�cf���ia��eS �i"�0°�atRTC Local Project Completian Fund por�ion 1 1 �,i �b[!lr��';2�,����1�i�at�� �`te� UuPse`r�en���$ o ��`C �.ocal �urs� S . -rn � '�=��� ` .r�-co � i. , � T,�..�., po7#►o:n afi��r��tgn�c��"Pr��acfi;��a�iri� 33 � 11`� �TOII�} ��_,, � �pur'se�ent���0%a�RT� iocal�"�d �. - , a�=�. �� �� �;�E - — �oi��o�1 !�porr, ca.C,�Llei�t�r� ��� � �fs-��,�e��S�a���#l� � ai `��,i����a�Jtno,�;tf�-t��-�tk�! �� r �,3�v�ict_�-�t�i��'"r je��is��ca�,ed�nt���als�r,�,p����� �f7U� ]����=�����[t71OEi�8i„�,��SiL�� I�L�.�-'�iT,�F�,DC��,�Y��@A�3't�Ci�? "' ' - Z Expenses incurred prior to Notice to Proceed are ineligibie for reimbursemenf. 3 Pro}ect may proceed, however, NC�TCOG reim6ursement is contingent upon NCiCOG receipt of RTC Loca( Funds.. Revised May 2006 Page 1 of 2 R�esolutic•n No„ 3385-07-2006 Attachment 5 NCTCOG Susfainabfe Development Cali for Projects Required Lead Public Sponsor Decision Regarding Project Start Date The impact of the staging group on project timing is dependEnt on a local choice between two options Opfion 1, "5tandard Practice Option" means the project waits until funds for fhe project are in a North Central Texas Council of Governments (NCTCOG) account Option 2, "Local Float Option" means the project begins after NCTCOG signs a cantract with a local agency providing RTC Local Funds to NCTCOG and the local project sponsor (public or private} "floats" #he project unti! NCTCOG receives payment of RTC Local Funds to a NCTCOG account. A required element of the Governing Body Resolution is fhe iead public sponsor decision to select Option 1 or Option 2. In either case, transportation improvemenis cannot be reimbursed prior to the assigned "project staging" date. Option 1 "Standard Practice Option" t.ead public sponsor uses the assigned "project staging" date as a start date for the project, pending the receipt of a Notice to Proceed. If R7C Local Funds are not avaifable due to a default of local funds being paid to NCTCOG, the project may be swifched to tederal funding.. This default si#uation would require a new contract with TxDOT and may result in a delay in the projecf. For example, this default situation would occur if a NCTCOG member local government with a contract with NCTCOG to make payment of R7C Local Funds to NCTCOG is in violation of their coniract with NCTCOG. OR Option 2 "Loca1 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 time schedule that begins after a project agreement is signed with NCTCOG. Staf€ is authorized to develop interlocal agreements with RTC Local Funds that allow immediate construction wifh reimbursement to the lead public sponsor contingent upon the receipt o# RTC Local Funds by NCTCOG_ Please note, NCTCOG will not sign Sustainable Development Project 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 complet� their project prior to the assigned reimbursement date, the lead public sponsor will be "at risk" wifh regard to the default of lacal funds being paid to NCTCOG. This option may preclude switching to Federaf Funds in the eveni that RTC Local Funds are unavaifable For example, this default situafion would occur if a NCTCOG member iocal government with a contract wifh NCTCOG to make payment of RTC Local Funds to NCTCOG is in violation of their contract with NCTCOG. Revised May 2006 Page 2 of 2 REsolu�icn No„ 3385-07--2006 NCTCOG Sustainable Deveiopment Call for Projects Project 5cope for Infrastr�ucture Projecfis Attachment 6 Project #: 293 Project Name: McAdarns Building - Six Points .� �+ -�. � �. � �, L,:, : �.�,: �T:� � -� �, , ��._:���,�;�,<.;: �. }� 3.'i-r-r,_�, .. �, . ,�rC����Q�_ u . � i� r�'�^r� �.. . ; x� ��J.�!��%�Q�.._. � . i �-� �o . -a � � .� Tf.__' ��d�;P.i ,.�i... .:, �, n.� _ �.. . � ----• .c1.''_�,.. . _...__..._ Sidewalks, crosswalks, benches, trash receptacfes, Pedestrian Amenities shade trees, li htin , edestrian laza $400,000.00 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 fnstallation of landscaping features along Landsca in trans ortation facifities $O.bO Pedestrian shelters, pedestrian linkages to transit center, signage, passenger waiting areas, trash Bus Transit rece tacfes, landsca in $0.00 Station construction, pedestrian linkages to station, Rail Transit si na e, landsca in $O.aQ Signal installation, signal retiming, equipment Tra�fic Si nals u rades $O.OQ Left turn lanes, right turn lanes, improvements to lntersection Im rovements � intersection eomet , landsca in $0.00 Capacity expansion, reconstruction, frontage road Street Consfruction Z ad'ustments, ram reversals, landsca in $0.00 TOTAL PROJECT CQST (�ederal f Locai Funds) � Required Information for Inter�section Impr�ovemenis Description of exact intersectian of cross streets Description of the work to be performed on each approach fo intersecfion uired Infarmation for Sireet Construction S#reet Name To/Fram Limits Number of Lanes �ivided/Undivided Faci $400,000.00 R�solution No„ 3385-07-2006 RESOLUitON �S7ABLISHtNG MANAGEMEN�' OF SUS7AlNABLE dEVELOPMENT PROJECTS R06-05 WHEREAS, the North Central Texas Council of Governments has been designated as fhe Metropolitan Planning Organization for the Dallas-ForE Worth Metropolitan Area by the Governar of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council comprised primarily of local efected officials, is the regional transpor�ation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, the Dailas-Fort Wo�th area is a federalfy designated nonattainment area for the palfufant ozone, and air quality impacts the public and economic heaith of the entire region; and, WHEREAS, the Regionai Transportatian Council is responsible for air qualiiy conformity; and the Clean Air Act Amendments of 1990 require tha# in air qualiiy nonattainment areas, transportation plans and improvement pragrams conform to the applicable air quality implementation plan; and, WHEREAS, the Regional Transportation Council's first Sustainabie Development Call for Projects successfulEy implement�d a wide variefy of prnjects and was awarded the inaugural Smart Moves: Transportation Strategies for Smart Growth Award sponsored by the Environmental Protection Agency, the American Assoeiation of State Highway and Transportation Offrcials, and the Federal Highway Administration; and, WHEREAS, the Regional Transportation Council approved $40 61 million for the current Sustainable Development Call for Projects on Apri1 94, 2005; and, WHEREAS, on Aprif 13, 2006, the Regiona! Transportation Council approved the projects under the Sustainable Uevelopment Call for Projects, the use of Regional Transporfation Council Loca( Funds pending the receipt of iocal funding agreement(s), ancf the requirement that a resolution of the lead pub(ic sponsor's gnveming body for each project be submitted io NCTCOG offices fay � p.m., Juiy 14, 2006, NC?W, THEREFORE, BE ii HEREBY RESOLVED THAT: Section 1. The Regiona! Transportation Council approves the project scope and timing for inclusion in the Transportation Improvement Program after receiving Governing Body Resoiutions for indi�idual projects.. Section 2„ Standard practir.� is fo issue a notice to proceed in the year thai funds are available. In vrder to expedite benefits of th� program, staff is autharized to deveiop agreements that allow immediate canstruction with reimbursement pending receipt of Regionai Transportation Council Local Funds. The lead Public Sponsar will sign an agreement that states they understand the risk of such canstruction,. Resolution No� 338S-Q7-2406 Section 3. Funds returned from infrastructure investments and planning projects unable to mova forward will be reallocated to the next Sustainable Development Call for Projects. Section 4. Selected land banking projects will be required to return to the North Centrai Texas Councii of Gavernments, at a minimum, the Regional Transportetion Council Local Funds upon resale or lease of land acquired under the program. Reasonable costs will be considered.. A Land Banking Program wifl be established far future projects.. Section 5. The Land Banking Program is to be administered as fand acquisition for economic development purposes Section 6. Regional T�ransportafion Councii action is required to reprogram funds from any Sustainable Development Program or Projects. Section �`. This resolution w'tll be transtniited to all local governments with Regional Transportation Cauncil selected projects under the Sustainable Development Call for Projects. 8. �Thi� resolution shaU be in effect immediately upon iis adopiion. Wendy Davis, Ch 3r Regional Transpo tion Cauncil Councilmember, City of Fort Worth I hereby certify that this resofution was adopfed b� the Regional 'T'ransporiation Council of the North Central Texas Counci! of Governments for the D Ilas-�ort WorEh Metropolitan Area on May 11, 2006. _,�,�,..R� � T.. Oscar Trevino, P..E., Secreiary Regipnal T�ransportation Counci! Mayor, City of North Richland Hills �esoIr�tran No. 3385-07-2006 Attacl�zxzent 8 R1,JLE5 FOR NCTCOG'S SUSTAINABLE DEV�LOPMENT CALL FOR PROJECTS General Condifions 1. Project applicants may access the online appfication beginning November 1, 2005, at: www.dfwinfo.com/trans/landuse/ioint venture/2005.htmL Onfine appfications must be submitted by 5 p„m�, January 20, 2006.. 2. in addition to an electronic submiftal, all applicants must submit two paper copies of a completed and signed application to NCTCOG offices by 5 p�m,., January 2U, 2006, Incomplete applicafions or ihase 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 Transporta#ion Council approved Screening/Project Selection Process and the Regional ��ransportation Council approved Sustainable Development Areas of fnterest. 4. Projects may be funded with federal or local funds. Projects built with federal funds wiil follow #he standard Texas Department of Transpartation (TxDOT)/Federal administra#ive process and design standards.. Projects built with lacal funds will follow fhe administrative process anci design standards of the public sector sponsor untler an interlocal agreement with NCTCOG.. 5.. AIf funding is handled on a reimbursement basis and expenditures made prior to signing an agreement on the project will not be eligible expenses., If federal funds are involved, expenditures made priar fo receipt of a Federal Project Authorization and Agreement (FPAA) are not eligible. 6. A public agency must sponsor each applicafion, The sponsoring public agency will serve as the lead project contact. �7, All projects require a minimum local cash rr►atch of 20% of the total project cost. Over-matching the project is allowed. 8, Cost overruns will not be the responsibility of the Regional Transportation Council. Local partners will be responsible for any cost overruns. 9, 'The Western subregion allocation is $'E2..59 million. The combined fotal requests from each individual public sector agency in the Western subregion shall not exceed this amount.. ,. � U����v1� jl �r'��i�,; C, � RULES FOR NCTCOG S SUSTAWABLE DEVELpPMENT CAL�L F�R PROJEC7S Pa e'1; i' R"'l'''���`17�' ,�� ° 9 ,, i��U �� ��',':;U�� �t'`-���:���� ��,:^ "j " �p �::.��, ;����;� �� � � , ��cc,� R.esolatimn No,. 3385-07-2006 Attachment 8 General Conditians (continuedl 10. The Eastern subregion ailocation is $28.02 milfion.. The combined totai requests from each individual public sector agency in the Eastern subregion shall not exceed this amount.. 11, The R�gional Transportation Council will approve ail final prajects and funding fevels, 12. The Regional Transportation Councif reserves the right to remove funding from a project that is no longer supported by bath local partners. 13.. The Regional Transportation Council reserves the right fo remove funding from a project for which fhe local sponsor is unable or unwilling to sign a local agreement to implement the project or cannot provide the required 20% local match. 14. All funds that are unexpended or removed from a projecf return to the regional Sustainable Development Program for future funding initiatives.. Conditions for Local Sustainable Development Pfanning Pr�oqrams 1. No individual project funding request may exceed $300,000. 2.. Proposals musf create the planning foundation or strategic assistance necessary for a d�velopment project that would be eligible and competitive for the Sustainable Development Call for Projects. Applicants are encouraged to submit Sustainable Development programs fhat include {but are not limited to}: objectives creating urban design standards for an area, creating a tax increment refinance zone, or implerrzenting a public outreach campaign promoting livable communities. 3.. No private s�ctor sponsor is required. Conditians for� Land BankinA Projects 1.. The Regionaf Transportation Council has established that no more than 20% of the total funding allocated to the Sustainab(e Development Program be spent on land banking. Thus, no individual land banking funding request may exceed $8..1 million.. RULES FOR NCTCOG S SUSTAINABLE DEVELOPM�N7 CALL FOR PROJECTS Page 2 R�solution No. 33$5-07-2006 Attachment 8 Condi#ions for Land Bankinq ProFects (continued� 2. Individual project meetings will be required for land banking applicants. NCTCOG staff will schedule these meetings affer January 2Q, 2006. 3, No private sector sponsor is required, 4.. The sponsoring public agency must provide to NCTC�G a resolution of its governing body, endorsing receipt of fhe award, and intent to participate in a land banking program within 90 days of Regional T�ransportaiion Council action to select fhe project. Conditions for'T'ransportation Infrasirucfure Proiects 1. No individua[ project funding request may exceed $7 million. 2. Zoning and development codes n�cessary to allow the development to be built must be in pface by the January 20, 2006, dead)ine 3. A lefter of support from an active private-sector partner currently working on a development in the impacted ar�a is required. 4. The sponsoring public agency must demonstrate a public/private partnership. Pubiic entities may include a county, city, transit authority, or speciaf district. Private sector partners may include for-profit private developers, not-for-profrt homebuilders, independ�nt Schoof Districts, housing aufhorities, colleges, universities, tax increment refinance zones, and public improvement distric#s, Locai governmenf support is required for all applicatians, 5. Items ineli_, iq ble for reimbursem�nt include, but are not Iimited to: construction or rehabilitafion of private buildings, artwork, fountains, installatian and/or rehabilitation of water and sewer lines, parking garages, ear�hwork necessary #o raise proposed buildings out of the floodplain, and other items not directly related to mobility. Certain ca�egories of federal funds may be more restrictive. 6. Transportation infrastructure e!i ible for reimbursement include, but are not limited to: roadways, intersection improvements, bus stops, sidewalks, shade trees, landscaping, p�destrianlbicyclist amenities, crosswalks, bicycle paths, transit stations, right of way ar easements necessary for-transportation faciliiies. Certain categories of federal funds may be more restrictive. RULES FOR tJCi'COG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS ,�. _ . .. '���i��'��1�;.1. �::���'�:;�.ti� {�, ,� _ ll��l� C��li� I� �r�,.��irJrt ��r :�`i'����IJ�U�r��� �'SGU� �.esoluiifln No. 3385-07-2006 Attachment 8 Canditions far Transpor�ation Infrastr�ucture Pr�oiects (continued) 7. Eli 'rc�ble transportation infrastructure must be (a) physically located within or along the limits of the proposed development/redevelopment zane or, {b} located within walking distance of the proposed project (1/2 mile or less depending on site conditions), or (c) direcfly related to either the roadway or rail access necessary to make the development viable. 8. The sponsoring pubfic agency must provide to NCTCOG a resolution of its gov�rning body, endorsing receipt of the award, and confirming th� private sector partner within 90 days of Regional Transpariation Councif action to select the project. f2ULES FOR NCTCOG S SUSTAINABLE DE�(ELOPMENT CALL FOR PROJECTS Page 4 ,V,4� � : � � � � , � � � iu�� - � --___� � �� � � � . �� . �'� � � a o� . ����m�m000000too —o; �o -� o o . . . ■o� I� o �o .�.. �: �mmmmmoo����o� �o; �� _ �o 0 �" 1��11111��'��� o � �' � � - 0 � �� � o � � o� � °� � � � O � i� • �� � �` 0 �- � - � ������i������ , � � 0 0� v � �0 - _ �� ,���-. � o� � o � :.-, � �,�. � � ��� ' �.:� � � � � r � I� � � � - ' ' � '1' � � , � , �., •' � .• •� � � � � ll�S . ��� . .. � - ' • _ . � � � ��� mmm , - :����m ��� -.� ���� � ���� �e �a ... � � :��- � �� � � �III. �.� - ���. � � �i � � � � � : . . . . , , � . _ 11�� � . ,. � =-...� B � .: � ���o �� , � ��. ; � �� � � o •- �• . �Q�� o � o . � v � � � .., � ,- e!I �• ■��tiv� �� � —�� .:,�� � . �� � � �� i��, ��'.:• !�'' � � o �� �'��'�'' ' ��' �. % ���o o� � Il� , � :;. � � o �� o� o� �� . � �000 � ao o � �� . , :.. � �110 'vo �� v . � .:... :. :. .. � � � � � � � � � �110 � '' � �� � i� 0 00 0 . ���o / ■� o o� o� • : � � i� a� o� vv v_,�� � ■� o■ o 0 0� ��� - . : ■� o■ o o� .�� �c�a � .� �.� o.�.� o ���mm� .��oo,�o��. .� o 0 0� ,� :o � � �_ . � � �.� � a000000m� � �� �� :� o0 0� - �� omo�mmmmm� � p o � � � o � 0 .� . ��. � �'�.1����11111�1 � �o � _... � .- � �� =�� o=��mmmmmmm� _� : - � .�� o0 . -. -. :. . ., � m � � �« m Q � � 1 O N � N O Q � o� �, � � > D � � r., � � � vJ � C a < { b � 6 z z m � m � q m G 2 O w Z7 �� o � m ? A .Z.� � . �\ � oao ��> . m � D m � � �/ O� �n -�'n D � O (7 � O Z m m t— � � m G] Z � � � � �, D , Z � �/ (D N V � � � O � O Q � / O v, cn cn . T T � \ � �� i �\`\/ � --, i / � �' `� / .� �� c ----- � qy � �C�� � �oaoo� � �� � : O � _.�_— \ i y / �� � �a � � `\ % � y ��(j�� � I ------ � � � I �/ �/ � ----- � r I i � � � / ��/ � �� / � Y� \ � ----- , - � � � -.�/� � ' ' pan�ottmumir�:;: � ,�H,�uuiuiiivaul, : � � ,�,� �, �,,,,�:. - ,� \ a ' ' . . � (+� _I�.,_ ��: � Cy d,9� F ��F9 \%���i�Y;�i>";.`, ,'t%�;;��1'v ��� U'' �� r � _� ; y�',i: I'-J ��e � � c' ��:_7 .� �L�! 1i L� 1� o „i<:i'1:J (1'� ��u�.i Appendix B Lower Tier Participation Debarment Certification LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION (Negotiated Contracts) Libby Watson, Assistant Citv Manager , 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 G�ftifying Official Assistant City Manaqer Title �'� /�-,�� 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. . ; . . i --. �- ' f� Si nature Assistant Citv Manaqer Title Citv of Fort Worth Agency l�'/� •v� 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 � b. initial award n b. material charge � c. cooperative agreement ❑ c. post-award n 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 r� 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, /ast 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 $ i� actual � planned n 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 �.�i���v�S`�1 � �Cy�l� � �I � , , . , ;rj �� � �1�.'✓ � �., ,.` -�;;, ��pc� .; 2,_;;;���;��;���, �' .., . L' ;� �►�� `�':`�,' ` �u �:ss�� � �:,' J. ti � �.s t o 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 empioyee 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 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 entiry 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 �f Governments February 16, 2007 Via Certified Mail Return Receipt No.: 7005 1 820 0000 7035 1 856 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 McAdams Building and Six Points Center. 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 $80,000 is enclosed. NCTCOG looks forward to working with the City of Fort Worth on this project. If you have any project related questions, please contact Alicia Hopkins at (817) 608-2380. If you have any agreement related questions, please contact Karla Weaver at (817) 608-2376. Sincerely, � "� � Dan Kessler Assistant Director of Transportation KW :j h Enclosures cc: Alicia Hopkins, AICP, Principal Transportation Planner, NCTCOG McAdams Building and Six Points Center 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 Terms Net 30 Description Attendants McAdams Building and Six Points Center 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 1 /23/2007 2/23/2007 Total Amount Due $80,000.00 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. 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 Terms Net 30 Description Attendants McAdams Building and Six Points Center 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 $80,000.00 1 /23/2007 2/23/2007 For inquiries contact Administration at (817) 608-2309. Please remit yellow copy of invoice with payment and reference invoice number on check stub. If your agency is tax exempt, please fax your exemption certificate to (817) 640-7806 Attn: Accounts Receivable. SUSTAINABLE DEVELOPMENT TRANSPORTATION INFRASTRUCTURE PROJECT Program Implementation and Administration AGREEMENT COVER SHEET TYPE OF AGREEMENT: Administration of Grant Activities for the City of Fort Worth and the McAdams Building and Six Points Center Project AGREEMENT PERIOD: signature date through closure AGREEMENT AMOUNT: $400,000 ($320,000 RTC Local Funds &$80,000 Local Match) North Central Texas Council of Governments 616 Six Flags Drive, Suite 200, Center Point Two P. O. Box 5888 Arlington, Texas 76011 Public Sector Sponsor Planning Department 1000 Throckmorton Fort Worth, Texas 76102 Planning Department 1000 Throckmorton Fort Worth, Texas 76102 Project Manager: Alicia Hopkins (817)-608-2380 Sustainable Development Coordinator: Scott Bellen (817)-392-6942 Project Manager: Shad Comeaux (817) 392-8767