HomeMy WebLinkAboutContract 57594 DocuSign Envelope ID: DFD3FC4A-5205-4F54-A75F-CF36F13053B2
CSC No.57594
Adobe Acrobat Sign Transaction Number:CBJCHBCAABAA7HSPIfLZacctWe Bc4AkWAn Fhwg5q Paj_
FY 2020 and FY 2021 AGREEMENT FOR AWARD OF TRANSPORTATION DEVELOPMENT
CREDITS
BETWEEN
THE REGIONAL TRANSPORTATION COUNCIL
AND
CITY OF FORT WORTH
This Agreement is entered into by and between the Regional Transportation Council (RTC), acting in
its capacity as policy body for the Metropolitan Planning Organization (MPO), and the City of Fort Worth.
The purpose of this Agreement is to outline the roles and responsibilities of each party with respect to
Transportation Development Credits (TDC) awarded for the projects in Attachment 1.
WHEREAS, the North Central Texas Council of Governments (NCTCOG) is designated as the
Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area by the
Governor of Texas in accordance with federal law; and,
WHEREAS, the RTC, comprised primarily of local elected officials, is the regional
transportation policy body associated with the North Central Texas Council of Governments, and has
been and continues to be the regional forum for cooperative decisions; and,
WHEREAS, 23 U.S.C. §120 permits a state to use certain toll revenue expenditures, TDCs,
formerly called toll credits, as a credit toward the non-Federal share of all programs authorized by
Title 23, with the exception of emergency relief programs, and for transit programs authorized by Title
49, Chapter 53; and,
WHEREAS, 43 Tex. Admin. Code §5.106 authorizes an MPO to award TDCs allocated to it by
the State and 43 Tex. Admin. Code §5.110 requires an agreement be entered into between the MPO
and entity awarded TDCs prior to and in order for those credits to be used; and,
WHEREAS, the RTC has awarded 8,411,661 TDCs to the City of Fort Worth for the projects in
Attachment 1; and,
WHEREAS, the City of Fort Worth desires to use the TDCs awarded to it in lieu of the required
local cash match for the federally funded transportation projects in Attachment 1.
NOW, THEREFORE, in consideration of these premises and of the mutual covenants
contained herein, NCTCOG and the City of Fort Worth agree as follows:
AGREEMENT
1. The RTC has awarded 8,411,661 TDCs to City of Fort Worth for use as described herein.
2. The City of Fort Worth agrees to utilize the TDCs for the projects identified and described
herein as match to certain federal grant funds totaling approximately $42,058,303.
3. Any unused TDCs shall be reallocated to other projects as solely determined by the RTC.
4. The City of Fort Worth may be required to execute separate funding agreements with a party
other than the RTC and/or NCTCOG for the federal grant funds referenced above.
5. Neither Party may assign this Agreement in whole or in part, without first obtaining the written
consent of the other Party.
1 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
DocuSign Envelope ID: DFD3FC4A-5205-4F54-A75F-CF36F13053B2
Adobe Acrobat Sign Transaction Number:CBJCHBCAABAA7HSPIfLZacctWe Bc4AkWAn Fhwg5q Paj_
6. 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.
7. The Parties shall negotiate in good faith toward resolving any disputes that arise under this
Agreement, which shall be construed and enforced in accordance with the laws of the State of
Texas. Venue for any action under this Agreement shall lie exclusively in Tarrant County,
Texas.
8. This Agreement constitutes the entire agreement of the Parties with respect to the matters
contemplated herein and supersedes all prior understandings and agreements regarding such
subject matter. This Agreement may be modified or amended only in writing, signed by all
Parties hereto.
9. The effective date of this Agreement is the date of last signature by the parties hereto.
Signed and Duly Executed by the Parties Below:
DocuSigned by:
DLll7L7 F3/AYLfGi42' 04/25/22 �'t-i �'LbV'V'iS
mnn BurgndotT Pr25,2a22o9:o9PDT) 393DC67A7AFA414...
Dana Burghdoff Date Michael Morris, P.E. Date
Assistant City Manager Staff Director
City of Fort Worth Regional Transportation Council
'>a �ORl APPROVED AS TO FORM AND LEGALITY Attested by: moo° °����d
Del dvo
° °
,7GIb/f9G���c �OOGrgLL o°
DBlack(Apr 21,202219:44CDT) J--ttes.Goodzu(Ap,2s,2n2zis:T4CDT o° °°°o°*'
00000
Douglas W.Black, Sr.Assistant City Attorney Jannette Goodall, City Secretary ��4�EXASa�p
M&C 22-0273
April 12, 2022
OFFICIAL RECORD
CITY SECRETARY
2 FT.WORTH, TX
Adobe Acrobat Sign Transaction Number:CBJCHBCAABAA7HSPIfLZacctWe Bc4AkWAn Fhwg5q Paj_
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract,including ensuring all performance and reporting requirements.
By: Kelly P rt r(M y 23,101tTEr.55 CDT)
Name: Kelly Porter
Title: Assistant Director,TPW
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
DocuSign Envelope ID: DFD3FC4A-5205-4F54-A75F-CF36F13053B2
TRANSPORTATION DEVELOPMENT CREDIT(TDC)FY 2020 AND FY 2021 AGREEMENT ATTACHMENT 1
Adobe Acrobat Sign Transaction Number:CBJCHBCAABAA7HSPIfLZacctWeBc4AkWAnFhwg5gPaj_ PROJECT LIST
CITY OF FORT WORTH
FEDERAL ■
AMOUNTTIP CODE CSJ PROJECT DESCRIPTION FUNDING•
IH 35W AUTOMATED VEHICLE(AV)TRUCKPORT;ALLIANCE-
SOUTHEAST CORNER OF SH 170 AND IH 35W;PILOT PROJECT TO
11684.2 0081-12-053 DEVELOP AND BUILD AUTOMATED FREIGHT FACILITY TO $4,797,578 959,516 JULY 8,2021
COLLECT/DISTRIBUTE FREIGHT AND TEST AUTOMATED TRUCK
TECHNOLOGY TO IMPROVE AV USES IN FREIGHT/SUPPLY
CHAIN/LOGISTICS
BOMBER SPUR TRAIL FROM CALMONT AVE TO US 377;CONSTRUCT
21054 0902-90-227 SHARED USE PATH INCLUDING PEDESTRIAN CROSSING OVER CAMP $4,000,000 800,000 APRIL 8,2021
BOWIE BLVD AND US 377
EAST ROSEDALE BOUNDED BY ROSEDALE ON THE NORTH,LIBERTY
STREET ON THE EAST,POLLARD-SMITH ON THE SOUTH,AND AMANDA NOVEMBER 12,
21033 0902-90-223 AVE ON THE WEST;CONDUCT PLANNING STUDY TO DETERMINE $1,000,000 200,000 2020
PARCEL LOCATION AND TRANSIT DEMAND,DESIGN AND CONSTRUCT
TRANSIT BUS CENTER NEAR NEW ENVISION CENTER AND STOP SIX
BUTLER HOUSING PROJECT BOUNDED BY IH 35W,IH 30,AND US 287, NOVEMBER 12,
14091.2 0902-90-030 IMPROVE ROADWAY ACCESSIBILITY TO FORMER BUTLER PLACE $10,000,000 2,000,000 2020
HISTORIC DISTRICT
ON EAST FIRST ST FROM EAST FOURTH STREET TO HALTOM ROAD;
40072.1 0902-90-195 CONSTRUCT NEW SEPARATED BICYCLE LANES AND INTERSECTION $1 129,100 225,820 SEPTEMBER 10,
IMPROVEMENTS,BICYCLE AND PEDESTRIAN SIGNALIZATION,AND 2020
BICYCLE/PEDESTRIAN TRAFFIC COUNTERS ALONG EAST FIRST ST
ON EAST FOURTH STREET FROM IH 35W TO EAST FIRST STREET;
40072.2 0902-90-196 CONSTRUCT NEW SEPARATED BICYCLE LANES AND INTERSECTION $1,202,900 240,580 SEPTEMBER 10,
IMPROVEMENTS,BICYCLE AND PEDESTRIAN SIGNALIZATION,AND 2020
BICYCLE/PEDESTRIAN TRAFFIC COUNTERS ALONG EAST FOURTH ST
HORNE STREET FROM VICKERY BLVD.TO CAMP BOWIE BLVD,WIDEN
14054 0902-90-148 FROM 2 TO 3 LANES WITH BICYCLE LANES,PEDESTRIAN/SIDEWALK $1,160,230 232,046 JUNE 11,2020
IMPROVEMENTS,AND TRAFFIC SIGNAL IMPROVEMENTS
UNIVERSITY DRIVE FROM TRAIL DRIVE TO ROSEDALE BRIDGE;
14055 0902-90-169 PEDESTRIAN IMPROVEMENTS INCLUDING NEW AND WIDENED $484,485 96,897 JUNE 11,2020
SIDEWALKS,CROSSWALKS,WAYFINDING SIGNAGE,AND TRAFFIC
SIGNALS
MEANDERING ROAD FROM SH 183 TO ANAHUAC AVE;LTJG BARNETT
FROM MEANDERING ROAD TO NASJRB EAST GATE,RECONSTRUCT
0902-90-172, MEANDERING ROAD FROM 4 TO 3 LANES,REALIGN INTERSECTION AT APRIL 9,2020;
25013 0902-90-046 ROBERTS CUT OFF,CONSTRUCT INTERSECTION IMPROVEMENTS AT $18,284,010 3,656,802 MAY 10,2018
YALE STAND LTJG BARNETT,ADD SIDEWALKS AND SIDEPATHS
WITHIN PROJECT LIMITS AND BIKE LANES ON LT JG BARNETT
t,42.058,3031 8,411,661
DocuSign Envelope ID: DFD3FC4A-5205-4F54-A75F-CF36F13053B2
M&C Review
Adobe Acrobat Sign Transaction Number:CBJCHBCAABAA7HSPIfLZacctWe Bc4AkWAn Fhwg5q Paj_ Official Site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWORTI_I
Create New From This M&C
DATE: 4/12/2022 REFERENCE M&C 22-0273 LOG NAME: 20NCTCOG TDC GRANT
NO.: PROJECTS
CODE: G TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT. (CD 3, CD 4, CD 5, CD 7, CD 8 and CD 9) Authorize Execution of an Agreement with the
Regional Transportation Council of the North Central Texas Council of Governments for
Transportation Development Credits with a Value of 8,411,661 to Serve as Local Match
for a Total Grant Amount of$50,469,964.00 for Multiple Transportation Projects Within the
City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with the Regional
Transportation Council of the North Central Texas Council of Governments for Transportation
Development Credits with a value of 8,411,661 to serve as a local match for a total grant amount of
$50,469,964.00.
DISCUSSION:
The purpose of the M&C is to authorize execution of an agreement with the Regional Transportation
Council (RTC) of the North Central Texas Council of Governments (NCTCOG) who has awarded
Transportation Development Credits (TDCs) with a value of 8,411,661 to the City of Fort Worth for use in
lieu of the required local funding match for federally funded transportation projects (Attachment 1). TDCs
are not actual dollar amounts, but they act as credit to leverage federal dollars that invested into a
project. During the application process, City staff documented adopted City policies that support the
implementation of the region's Metropolitan Transportation Plan.
Texas Administrative Code requires agencies receiving TDCs for projects must enter into an agreement
that outlines the terms of using the TDCs (43 TAC §5.110). This agreement is separate from the
standard Texas Department of Transportation (TxDOT) project advance funding agreement that is
required for federal funds.
The projects to be included in the Agreement for Award of Transportation Development Credits are in
various stages of development. Several of the projects were awarded TDCs in previous fiscal years.
These projects are in subsequent phases of development, and are eligible for ongoing funding. The list
also includes projects and initiatives, previously reviewed or approved by City Council. Below is a list of
the transportation projects:
C FCouncil project Description Or gD ally Adj D ted Award M&C
District Allocated Allocations Date Number
i
FCD7 _ IH 35W Automated Vehicle Truckport r 959,516 f 959,516 7/8/2021 r N/A
FF3 Bomber Spur Trail Shared-Use Path 800,000F 8003000�4/8/2021 N/A
East Rosedale Planning Study 7 r
CD 5 &Transit Bus Center 200,000 200,000 11/12/2020 N/A
FF8 Butler Housing Project Access F 2,000,000 2,000,000 11/12/2020 N/A
apps.cfwnet.org/council_packet/mc review.asp?ID=29827&councildate=4/12/2022 1/3
DocuSign Envelope ID: DFD3FC4A-5205-4F54-A75F-CF36F13053B2
— M&C Review
Adobe cro aSign ransac ion umber:CBJCHBCAABAA7HSPIfLZacctWeBc4AkWAnFhwg5gPaj_
Council Ori D all TDC Award M&C
District I Project Description g Y Adjusted Date Number
Allocated Allocations
I
CD 4 East 1st Street Bicycle/Pedestrian 225,820 M&C 21-
& CD 8 Improvements 352,204 Previously 9/10/2020 0715
appropriated
I _
� 240,580
CD 8 East 4th Street Bicycle/Pedestrian 374,357 Previously 9/10/2020 M&C 21-
Improvements appropriated 0715
I
Horne Street Complete Streets 232,046 M&C 20-
CD 3 Project 232,046 Previously 6/11/2020 0829
appropriated
r r
CD 7 & -FUniversity Drive Complete Streets F- 96,897 M&C 21-
Project 96,897 Previously 6/11/2020
CD 9 appropriated 0403
I Tr �F- 3,656,802
CD 7 Meandering Road Reconstruction 3,656,802 Previously 4/9/2020 M&C 20-
appropriated 0722
-FTotal 8,671,822 r 8,411,661 r - T -
Upon approval of this M&C, staff will work with NCTCOG on respective interlocal agreements, and will
work with TxDOT on respective Advance Funding Agreements. Mayor and Council Communications will
be provided for those projects that do not have one yet.
These transportation projects are located within COUNCIL DISTRICTS 3, 4, 5, 7, 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and execution of the
agreement, Transportation Development Credits will be available to appropriate as local match for
Interlocal and Advance Funding Agreements, as awarded.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Originating Department Head: William Johnson (7801)
Additional Information Contact: Monty Hall (8662)
Kelly Porter (7259)
apps.cfwnet.org/council_packet/mc review.asp?ID=29827&councildate=4/12/2022 2/3
DocuSign Envelope ID: DFD3FC4A-5205-4F54-A75F-CF36F13053B2
— M&C Review
Ado beATTAiCt4MENTSe,:CBJCHBCAABAA7HSPIfLZacctWe Bc4AkWAn Fhwg5q Paj_
Attachment 1.pdf (Public)
FY 2020 and FY 2021 Fort Worth TDC Agreement(003).docx (Public)
apps.cfwnet.org/council_packet/mc review.asp?ID=29827&councildate=4/12/2022 3/3
DocuSign Envelope ID: DFD3FC4A-5205-4F54-A75F-CF36F13053B2
do be Acrobat Sign Transaction Number:CBJCHBCAABAA7HSPIfLZacctWe Bc4AkWAn Fhwg5q Paj_
MOTD-NCTCOG TDC Grant Projects
Agreement
Final Audit Report 2022-04-22
Created: 2022-04-19
By: Andrea Munoz(Andrea.Munoz@fortworthtexas.gov)
Status: Canceled/Declined
Transaction ID: CBJCHBCAABAAad_8e6UbM510F4gOoRp5tzvdYz77fi87
"MOTD-NCTCOG TDC Grant Projects Agreement" History
Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
2022-04-19-5:13:48 PM GMT-IP address:209.194.29.100
C! Document emailed to Mary Elliott(mary.elliott@fortworthtexas.gov)for filling
2022-04-19-5:20:28 PM GMT
n Document emailed to Dwayne Hollars (Dwayne.Hollars@fortworthtexas.gov) for filling
2022-04-19-5:20:28 PM GMT
Email viewed by Mary Elliott(mary.elliott@fortworthtexas.gov)
2022-04-19-5:21:52 PM GMT-IP address:209.194.29.100
Form filled by Mary Elliott(mary.elliott@fortworthtexas.gov)
Form filling Date:2022-04-19-5:22:15 PM GMT-Time Source:server-IP address:209.194.29.100
Email viewed by Dwayne Hollars (Dwayne.H ollars@fortworthtexas.gov)
2022-04-19-5:46:54 PM GMT-IP address:209.194.29.100
uq Form filled by Dwayne Hollars (Dwayne.Hollars@fortworthtexas.gov)
Form filling Date:2022-04-19-5:52:25 PM GMT-Time Source:server-IP address:209.194.29.100
�'-► Document emailed to Kelly K Porter(kelly.porter@fortworthtexas.gov)for filling
2022-04-19-5:52:27 PM GMT
Email viewed by Kelly K Porter(kelly.porter@fortworthtexas.gov)
2022-04-19-7:00:17 PM GMT-IP address:209.194.29.100
Form filled by Kelly K Porter(kelly.porter@fortworthtexas.gov)
Form filling Date:2022-04-19-7:00:39 PM GMT-Time Source:server-IP address:209.194.29.100
FORT WORTH. :, :•
Adobe Sigi
DocuSign Envelope ID: DFD3FC4A-5205-4F54-A75F-CF36F13053B2
do be Acrobat Sign Transaction Number:CBJCHBCAABAA7HSPIfLZacctWe Bc4AkWAn Fhwg5q Paj_
Document emailed to William Johnson (William.Johnson@fortworthtexas.gov) for filling
2022-04-19-7:00:41 PM GMT
Email viewed by William Johnson (William.Johnson@fortworthtexas.gov)
2022-04-19-8:03:29 PM GMT-IP address:209.194.29.100
Form filled by William Johnson (William.Johnson@fortworthtexas.gov)
Form filling Date:2022-04-19-8:03:46 PM GMT-Time Source:server-IP address:209.194.29.100
Document emailed to Priscilla Ramirez (Priscilla.Ram irez@fortworthtexas.gov)for approval
2022-04-19-8:03:48 PM GMT
Email viewed by Priscilla Ramirez(Priscilla.Ramirez@fortworthtexas.gov)
2022-04-19-8:23:10 PM GMT-IP address:209.194.29.100
Document approved by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov)
Approval Date:2022-04-19-8:23:57 PM GMT-Time Source:server-IP address:209.194.29.100
Document emailed to DBlack(Douglas.Black@fortworthtexas.gov)for signature
2022-04-19-8:23:59 PM GMT
Email viewed by DBlack(Douglas.Black@fortworthtexas.gov)
2022-04-22-0:41:06 AM GMT-IP address:209.194.29.100
Cep Document e-signed by DBlack(Douglas.Black@fortworthtexas.gov)
Signature Date:2022-04-22-0:44:56 AM GMT-Time Source:server-IP address:209.194.29.100
Document emailed to Dana Burghdoff(Dana.Burg hdoff@fortworthtexas.gov) for filling
2022-04-22-0:44:58 AM GMT
Email viewed by Dana Burghdoff(Dana.Burg hdoff@fortworthtexas.gov)
2022-04-22-2:02:06 PM GMT-IP address:45.29.184.169
Document canceled by Andrea Munoz(Andrea.Mu noz@fortworthtexas.gov)
2022-04-22-4:56:38 PM GMT-IP address:209.194.29.100
FORT WORTH,
Adobe Sign
do be Acrobat Sign Transaction Number:CBJCHBCAABAA7HSPIfLZacctWe Bc4AkWAn Fhwg5q Paj_
CSCO-NCTCOG TDC Grant Projects
Agreement
Interim Agreement Report 2022-05-20
Created: 2022-05-19
By: Andrea Munoz(Andrea.Munoz@fortworthtexas.gov)
Status: Out for Filling
Transaction ID: CBJCHBCAABAAx-jcbxJPQAnS_74h9CxedQsyhnRVFzQX
Agreement History
Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature.A final audit report will
be generated when the agreement is complete.
"CSCO-NCTCOG TDC Grant Projects Agreement" History
Document created by Andrea Munoz (Andrea.M u noz@fortworthtexas.gov)
2022-05-19-6:10:36 PM GMT-IP address:209.194.29.100
Document emailed to Vania Soto (Vania.Soto@fortworthtexas.gov)for filling
2022-05-19-6:11:58 PM GMT
Email viewed by Vania Soto (Van ia.Soto@fortworthtexas.gov)
2022-05-19-6:17:44 PM GMT-IP address:209.194.29.100
Email viewed by Vania Soto (Vania.Soto@fortworthtexas.gov)
2022-05-20-6:46:27 PM GMT-IP address:209.194.29.100
FORT WORTH.
Adobe Sign