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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 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.
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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 $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.
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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 $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.
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8.4 The SPONSOR shall ensure that all required documents of the
INFRASTRUCTURE PROJECT, including but not limited to insurance
certificates, performance or payment bonds, and required licenses and permits of
a SPONSOR or the SPONSOR'S subcontractors be kept on file, current, and
available to the NCTCOG upon request. Additionally, any relevant performance
documents pertaining to the INFRASTRUCTURE PROJECT, such as
correspondence, evaluations, reports submitted by the subcontractor and/or the
SPONSOR'S contract administration team, payment requests, and copies of
invoices shall be provided to the NCTCOG upon request.
9. Accessibility and Maintenance of Records.
9.1 The SPONSOR shall maintain a record keeping system for all of its activities,
including program records and financial management records, which support and
document all expenditures of funds made under this Agreement, in accordance
with federal regulations, state rules, and the Interlocal Cooperative Agreement.
This section shall not be interpreted to require maintenance of multiple exact
duplicate copies of any record or document.
9.2 All records must be maintained for a minimum of three (3) years after PROJECT
closeout. In the event that any litigation or claim is still pending before the
expiration of the three-year period, these records shall be retained until resolution
of the litigation or claim. NCTCOG and their duly authorized agents shall have
access to all records that are directly applicable to this agreement for the purpose
of making audit(s) examinations.
10. Audits or Evaluations
10.1 The SPONSOR shall provide NCTCOG, for its review, a copy of any audit
received as a result of SPONSOR policy or audits of federal and state
governments relating to the expenditure of grant funds. Such audits shall include
or be accompanied by any applicable audit management letter issued and
applicable responses to the auditor's findings and recommendations. All audits
shall be submitted to NCTCOG within thirty (30) days of receipt of each issued
report.
10.2 NCTCOG reserves the right to conduct financial and program monitoring of all
awards to the SPONSOR and to perform an audit of all records, related to this
Agreement. An audit by NCTCOG may encompass an examination of all
financial transactions, all accounts and reports, as well as an evaluation of
compliance with the terms and conditions of this Agreement.
11. Reports
11.1 The SPONSOR shall provide a list of Supporting Documentation for the
INFRASTRUCTURE PROJECT and the LAND USE DEVELOPMENT to the
NCTCOG Project Manager, prior to issuance of a Notice to Proceed which shall
include;
- Project Milestones and
- Supporting Schedules.
- Site plan,
Description of intent
the LAND USE
INFRASTRUCTURE
requirement, and
as to which building permit will be available for
DEVELOPMENT at the end of the
PROJECT as part of the Reimbursement
Before condition photos and narrative report in a format provided by
the NCTCOG.
Supporting Documents may be adjusted without amendments to this Agreement.
The SPONSOR shall submit to the NCTCOG Project Manager for approval
updates to Supporting Documentation of the INFRASTRUCTURE PROJECT.
11.2 At Milestones, provided as consistent with the reporting procedures of the Local
Government SPONSOR, the SPONSOR shall provide to NCTCOG a written
progress report as agreed upon. Each Progress Report shall briefly describe the
work accomplished, problems arising, proposed remedies for those problems,
products completed, and the status of the schedule and budget for the project.
The Progress Report shall be submitted within 30 days of a designated
Milestone.
11.3 The SPONSOR shall provide a copy of building permit and the application for the
permit to the NCTCOG within (2) two weeks of its availability. The permit will be
reviewed for consistency to the original application.
11.4 Using a form prescribed by NCTCOG, the SPONSOR shall submit a Year-End
Report, reflecting all program activity for each fiscal year of the
INFRASTRUCTURE PROJECT until final completion.
11.5 Using a form prescribed by NCTCOG, the SPONSOR shall prepare a closeout
report to document actual project costs and final program activities of the
INFRASTRUCTURE PROJECT to NCTCOG. This report shall be provided to
NCTCOG in the requested format no later than (60) sixty days of the
SPONSORS project completion of the INFRASTRUCTURE PROJECT.
11.6 Using a form prescribed by NCTCOG, the SPONSOR shall prepare a status
report to update activities of the LAND USE DEVELOPMENT to NCTCOG. This
report shall be provided to NCTCOG in the requested format no later than (60)
sixty days of the SPONSORS project completion of the INFRASTRUCTURE
PROJECT.
11.7 Using a form prescribed by the NCTCOG, the SPONSOR shall submit a status
report of the INFRASTRUCTURE PROJECT in April of 2011, five years after the
initial RTC project approval in April of 2006.
11.8 All reports prepared by the SPONSOR shall be submitted to the NCTCOG
Project Manager or their designee.
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
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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
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APPI��VED: � —
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Libby Watson
Assistant City Manager
Date: ��%'/ � � U �
APPROVAL RECOMMENDED:
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Fernando Costa
Director, Planning Department
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Appendix A
Public Sponsor Resolution
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City of Fort Worth, Texas
Mayor and Council Communicat�on
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COUNCIL ACTION: Approved on 7/11/2006 - ResoIu#ion No� 3385-07-2006 & Ordinance No.
'17a42-07-2006
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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
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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
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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
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�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'`-���:����
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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
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�.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
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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
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INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime recipient, at the initiation or receipt of a
covered action, or a material change to a previous filing. The filing of a form is required for each payment or agreement to make payment to
any lobbying entity for influencing or attempting to influence an 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