2006-162
S:\Our Documcnts\Ordinances\06\NCTCOG Grant for development project.doc
ORDINANCE NO. 2tJOf-r/62.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A SUSTAINABLE
DEVELOPMENT PROJECT FOR THE WELLS FARGO CATALYST PROJECT;
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNATE, TO ACT ON BEHALF OF
THE CITY IN ALL OTHER MATTERS THAT ARE RELATED TO THE PROJECT
PLEDGING THAT THE CITY OF DENTON WILL COMPLY WITH ALL PROJECT
REQUIREMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Regional Transportation Council comprised primarily of local elected
officials, is the regional transportation policy board associated with the North Central Texas
Council of Governments ("NCTCOG"), is the regional forum for cooperative decisions on
transportation; and
WHEREAS, the Regional Transportation Council approved $40.61 million for the
current Sustainable Development Call for Projects on April 14, 2005; and
WHEREAS, the City of Denton submitted a sustainable development project application
for the Wells Fargo Catalyst project to NCTCOG prior to the January 20,2006 deadline; and
WHEREAS, on April 13, 2006, the Regional Transportation Council approved the
projects under the Sustainable Development Call for Projects, the use of Regional Transportation
Council Local Funds pending the receipt oflocal funding agreement(s), and the requirement that
an ordinance of the lead public sponsor's governing body for each project be submitted to
NCTCOG offices by 5 p.m., July 14, 2006; and
WHEREAS, the Regional Transportation Council approved $2,000,000.00 in Regional
Transportation Council Local Funds for the Wells Fargo Catalyst project on April 13, 2006; and
WHEREAS, the Regional Transportation Council approved the "Resolution Establishing
Management of Sustainable Development Projects" on May II, 2006; and
WHEREAS, the Regional Transportation Council required the submittal of this
Ordinance prior to the execution of an interlocal agreement with the NCTCOG; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City of Denton will serve as the lead public sponsor and lead project
contact on this project. The City Manager is authorized to designate a single point of contact for
the project.
SECTION 2. The City of Denton supports the overall landuse development project
concept as applied for in the original Sustain~ble Development Call for Projects application as
S:\Our Documcnts\Ordinances\06\NCTCOG Grant fordcvclopmenl prnjcct.doc
included in Attachment 1, 2, and 3. The City of Denton supports the project timing as included
in Attachment 4.
SECTION 3. The City of Denton commits to fund or pass through funds from the private
sector for a minimum local cash match of20% of the total project cost or $500,000.00.
SECTION 4. The City of Denton confirms that the local partners, not the Regional
Transportation Council, will be responsible for any cost overruns.
SECTION 5. The City Manager is authorized to enter into an interlocal agreement with
the North Central Texas Council of Governments and/or the Texas Department of
Transportation.
SECTION 6. The City of Denton confirms that infrastructure built with local funds will
follow the administrative process and design standards of the City of Denton. In the event
federal funds are used for the project, the City of Denton supports the use of state and federal
design guidelines.
SECTION 7. The City of Denton confirms that all funding is handled on a
reimbursement basis and expenditures made prior to signing an interlocal agreement on the
Wells Fargo Catalyst project will not be eligible expenses.
SECTION 8. The City of Denton selects Option I, "Standard Practice Option" in which
the assigned project staging date of October 2006 will be used as the project start date and
rcimbursement will be provided upon project completion. The City of Denton recognizes that
the project may begin only after receipt of a Notice to Proceed from the North Central Texas
Council of Governments.
SECTION 9. The City of Denton acknowledges and understands the process associated
with the funding options as described in Attachment 5.
SECTION 10. The City of Denton endorses the project scope for the Wells Fargo
Catalyst project included in Attachment 6.
SECTION 1 I. The City of Denton confirms that there are no outstanding local regulation
issues associated with the proposed land uses associated with the development project.
SECTION 12. The City of Denton confirms that the private developer, Trammell Crow
Company, will participate in the Wells Fargo Catalyst project by constructing the mixed-use
development, consisting of multi-family and commercial units as well as a parking structure to
service the development. The City Manager is authorized to modify arrangements with the
current developer including securing a replacement developer as necessary.
SECTION 13. The City of Denton concurs with the Regional Transportation Council
Resolution, contained in Attachment 7, and the Sustainable Development Call for Projects
Program Rules, included in Attachmcnt 8.
Page20f3
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SECTION 14. The City Manager, or his designee, is authorized to exercise all rights and
duties of the City of Denton under the Agreement.
SECTION 15. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
. tit
~O .J: day of
Ji(/1/
,2006.
~ I. Wl~X.J/
PE~CNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Page 3 of3
Sustainable Development Transportation Infrastructure Project
INTERLOCAL COOPERATIVE AGREEMENT
DRAFT
'\
c
SUSTAINABLE DEVELOPMENT TRANSPORTATION INFRASTRUCTURE PROJECT
Program Implementation and Administration
AGREEMENT COVER SHEET
TYPE OF AGREEMENT: Administration of Grant Activities for the City of Denton and the
Wells Fargo Catalyst Project
AGREEMENT PERIOD: signature date through closure
AGREEMENT AMOUNT: $2,500,000 ($2,000,000 RTC Local Funds & $500,000 Local Match)
North Central Texas Council of Governments
Project Manager:
Alicia Hopkins
817-608-2380
616 Six Flags Drive, Suite 200, Center Point Two
p, 0, Box 5888
Arlington, Texas 76011
Public Sector Sponsor
George C. Campbell, City Manager
Location: City of Denton
Address: 215 East McKinney
City, Texas Zip: Denton, TX 76201
Project ManagerlContact Person:
Name: Linda Ratliff
Number: 940.349,8303
Sustainable Development Transportation Infrastructure Project
INTERLOCAl COOPERATIVE AGREEMENT
DRAFT
INTERLOCAL COOPERATIVE AGREEMENT
Between
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
and
THE CITY OF DENTON
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 Denton
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 Wells Fargo Catalyst 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 Denton, 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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INTERlOGAl COOPERATIVE 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
I nfrastructure 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.AII work and services required by this Agreement
shall be performed between the effective Notice to Proceed date and the
identified completion date, provided in the Project Milestones, unless otherwise
mutually agreed to in writing by NCTCOG and the SPONSOR. Work performed
after May 1, 2009 may not be eligible for reimbursement.
2.3 Termination. Either party reserves the right to terminate this Agreement in whole
or in part. Notice of termination must be provided in writing, shall set forth the
reasons for termination, and shall provide for a minimum of 30 days to cure the
defect. Termination is effective only in the event the party fails to cure the defect
within the period stated in the termination notice including any written extensions.
If the Agreement is terminated, NCTCOG shall only be liable for payment for
services rendered before the effective date of termination, plus reasonable
contract closeout costs, as mutually agreed upon.
The Parties may terminate this Agreement at any time by mutual written
concurrence. Parties also agree that should a necessitated switch from local
funds to federal funds occur for the INFRASTRUCTURE PROJECT, this
agreement will be terminated.
2.4 Closeouts. Closeouts shall occur upon completion of the Transportation
Improvement Group Scope of the INFRASTRUCTURE PROJECT and complete
receipt of payment and submittal of final closeout reports. Closeout of any or all
projects under this Agreement does not invalidate any continuing obligations
imposed by this Agreement. Proof of good faith efforts toward completion of the
entire LAND USE DEVELOPMENT project may be required by NCTCOG to
complete closeout.
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INTERLOCAL COOPERATNE AGREEMENT
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3. Amendments.
3.1 Agreement. This Agreement embodies all of the agreements of the parties
relating to its subject matter, and supersedes all prior understandings and
agreements regarding such subject matter.
3.2 Severability. In the event anyone 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 andlor to modify
such portions of the Agreement as are necessary to render it valid, enforceable,
andlor 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 $2,500,000. Upon SPONSOR'S request,
NCTCOG agrees to reimburse SPONSOR 20% of the eligible
INFRASTRUCTURE PROJECT costs after SPONSOR has incurred 80% of the
totallNFRASTURCTURE 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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INTERLOCAL COOPERATIVE AGREEMENT
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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 $500,000. 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
developmenUredevelopment zone or, (b) located within walking distance of the
proposed project (1/2 mile or less depending on site conditions), or (c) directly
related to either the roadway or rail access necessary to make the development
viable.
5.3 Availability of Funds. This Agreement and all claims, suits, or obligations
arising under or related to this Agreement are subject to and limited to the receipt
and availability of RTC local funds. If RTC Local Funds are not available due to a
default of local funds being paid to NCTCOG, this contract shall terminate.
6. Rights.
6.1 Authority. The SPONSOR shall have no authority to act for or on behalf of the
NCTCOG. No other authority, power, use, or joint enterprise is granted or
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INTERLOCAL COOPERATIVE AGREEMENT
DRAFT
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. To the extent authorized by law, the SPONSOR shall
indemnify, save and hold NCTCOG/RTC, its officials, officers, and employees
harmless from any and all actions, obligations, claims, damages, expenses,
costs of any kind, debts, negligence, and liabilities arising from, or in any way
related to, acts or omissions of the SPONSOR, its employees, volunteers,
subcontractors, or clientele, in the performance of, or failure to perform under,
this Agreement.
To the extent authorized by law, the SPONSOR shall indemnify, save and hold
NCTCOG/RTC, its officials, officers, and employees harmless for any damages,
including that of personal injury, death, or property for any reason associated
with implementation of the LAND USE DEVELOPMENT or INFRASTRUCTURE
PROJECT described under this Agreement.
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 oftime 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.
Sustainable Development Transportation Infrastructure Project
I NTERLOCAL COOPERATIVE AGREEMENT
DRAFT
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:
Physical Address:
Michael Morris, Transportation Director
North Central Texas Council of Governments
Transportation Department
P.O. Box 5888
Arlington, Texas 76005
Michael Morris, Transportation Director
North Central Texas Council of Governments
Transportation Department
616 Six Flags Drive
Arlington, Texas 76005
Telephone No.: 817.695-9240
Facsimile No.: 817.640-3028
PUBLIC SPONSOR
Mailing Address:
Physical Address:
George C. Campbell, City Manager
City of Denton
215 E. McKinney
Denton, TX 76201
George C. Campbell, City Manage
City of Denton
215 E. McKinney
Denton, TX 76201
Telephone No. 940.349.8307
Fax No. 940.349.8596
Sustainable Development Transportation Infrastructure Project
INTERLOCAL COOPERATIVE AGREEMENT
DRAFT
8. Design Standards/Certification.
8.1 Design Guidelines. SPONSOR agrees to design, build, and maintain the
INFRASTRUCTURE PROJECT in compliance with standards and procedures
established by SPONSOR'S governing body.
8.2 Inspections. SPONSOR agrees to perform field inspections at appropriate
intervals to be determined by SPONSOR to ensure project compliance with the
standards and procedures established by SPONSOR'S governing body. Copies
of such reports shall be provided to NCTCOG upon request.
8.3 Certification. As part of any reimbursement request, SPONSOR shall certify to
NCTCOG/RTC that the project meets the standards and procedures established
by SPONSOR'S governing body.
8.4 The SPONSOR shall ensure that all required documents of the
INFRASTRUCTURE PROJECT, including but not limited to insurance
certificates, performance or payment bonds, and required licenses and permits of
a SPONSOR or the SPONSOR'S subcontractors be kept on file, current, and
available to the NCTCOG upon request. Additionally, any relevant performance
documents pertaining to the INFRASTRUCTURE PROJECT, such as
correspondence, evaluations, reports submitted by the subcontractor and/or the
SPONSOR'S contract administration team, payment requests, and copies of
invoices shall be provided to the NCTCOG upon request.
9. Accessibility and Maintenance of Records.
9.1 The SPONSOR shall maintain a record keeping system for all of its activities,
including program records and financial management records, which support and
document all expenditures of funds made under this Agreement, in accordance
with federal regulations, state rules, and the Interlocal Cooperative Agreement.
This section shall not be interpreted to require maintenance of multiple exact
duplicate copies of any record or document.
9.2 All records must be maintained for a minimum of three (3) years after PROJECT
closeout. In the event that any litigation or claim is still pending before the
expiration of the three-year period, these records shall be retained until resolution
of the litigation or claim. NCTCOG and their duly authorized agents shall have
access to all records that are directly applicable to this agreement for the purpose
of making audit(s) examinations.
10. Audits or Evaluations
10.1 The SPONSOR shall provide NCTCOG, for its review, a copy of any audit
received as a result of SPONSOR policy or audits of federal and state
governments relating to the expenditure of grant funds. Such audits shall include
or be accompanied by any applicable audit management letter issued and
applicable responses to the auditor's findings and recommendations. All audits
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INTERLOCAl COOPERATIVE AGREEMENT
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shall be submitted to NCTCOG within thirty (30) days of receipt of each issued
report.
10.2 NCTCOG reserves the right to conduct financial and program monitoring of all
awards to the SPONSOR and to perform an audit of all records, related to this
Agreement. An audit by NCTCOG may encompass an examination of all
financial transactions, all accounts and reports, as well as an evaluation of
compliance with the terms and conditions of this Agreement.
11. Reports
11.1 The SPONSOR shall provide a list of Supporting Documentation for the
INFRASTRUCTURE PROJECT and the LAND USE DEVELOPMENT to the
NCTCOG Project Manager, prior to issuance of a Notice to Proceed which shall
include;
Project Milestones and
Supporting Schedules.
Site plan,
Description of intent as to which building permit will be available for
the LAND USE DEVELOPMENT at the end of the
INFRASTRUCTURE PROJECT as part of the Reimbursement
requirement, and
Before condition photos and narrative report in a format provided by
the NCTCOG.
Supporting Documents may be adjusted without amendments to this Agreement. .
The SPONSOR shall submit to the NCTCOG Project Manager for approval
updates to Supporting Documentation of the INFRASTRUCTURE PROJECT.
11.2 At Milestones, provided as consistent with the reporting procedures of the Local
Government SPONSOR, the SPONSOR shall provide to NCTCOG a written
progress report as agreed upon. Each Progress Report shall briefly describe the
work accomplished, problems arising, proposed remedies for those problems,
products completed, and the status of the schedule and budget for the project.
The Progress Report shall be submitted within 30 days of a designated
Milestone.
11.3 The SPONSOR shall provide a copy of building permit and the application for the
permit to the NCTCOG within (2)two weeks of its availability. The permit will be
reviewed for consistency to the original application.
11.4 Using a form prescribed by NCTCOG, the SPONSOR shall submit a Year-End
Report, reflecting all program activity for each fiscal year of the
INFRASTRUCTURE PROJECT until final completion.
11.5 Using a form prescribed by NCTCOG, the SPONSOR shall prepare a closeout
report to document actual project costs and final program activities of the
INFRASTRUCTURE PROJECT to NCTCOG. This report shall be provided to
NCTCOG in the requested format no later than (60) sixty days of the
SPONSORS project completion of the INFRASTRUCTURE PROJECT.
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INTERLOCAL COOPERATIVE AGREEMENT
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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 payor 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.
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12.5 Gratuities. Any person doing business with or who, reasonably speaking, may
do business with NCTCOG under this Agreement may not make any offer of
benefits, gifts or favors to employees of NCTCOG. Failure on the part of the
SPONSOR to adhere to this policy may result in termination of this Agreement.
12.6 Debarment/Suspension. The SPONSOR is prohibited from making any award
or permitting any award at any tier to any party which is debarred or suspended
or otherwise excluded from or ineligible for participation in federal assistance
programs under Executive Order 12549, Debarment and Suspension. The
SPONSOR and its subcontractors shall comply with the special provision
"Certification Requirements for Recipients of Grants and Cooperative
Agreements Regarding Debarments and Suspensions," which is included as
Appendix B of this agreement.
12.7 Restrictions on Lobbying. Recipients of these funds are prohibited from using
those monies for lobbying purposes; the SPONSOR shall comply with the special
provision "Restrictions on Lobbying," which is included as Appendix C of this
agreement. The SPONSOR shall include a statement of compliance with the
Lobbying Certification and Disclosure of Lobbying Activities in applicable
procurement solicitations. Lobbying Certification and Disclosure of Lobbying
Activities shall be completed by Third-Party contractors and included in Third-
Party contracts, as applicable.
12.8
12.9
12.10
12.11
Disadvantaged Business Enterprise.
SPONSOR'S policies and procedures
Enterprise (DBE) participation in carrying
SPONSOR shall report DBE participation.
The SPONSOR shall comply with
regarding Disadvantage Business
out this Agreement. Upon request,
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.
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.
Constitutional Prohibition. The SPONSOR shall not use Grant Funds for the
acquisition, construction, reconstruction, rehabilitation, or operation of structures
used for religious purposes.
Sustainable Development Transportation Infrastructure Project
INTERLOCAL COOPERATIVE AGREEMENT
DRAFT
Appendices
The following appendices are attached and made part of this Agreement.
Appendix A Public Sponsor Ordinance
Appendix B Lower Tier Participant Debarment Certification
Appendix C Lobbying Certification and Disclosure of Lobbying Activities
IN WITNESS HEREOF, the parties have ~l).flClolted this Ag(j)je~uPlicate original at
Arlington, Tarrant County, Texas, the jqrl-/ day of > , 2006 .
, -
PUBLIC SECTOR SPONSOR
NORTH CENTRAL TEXAS COUNCIL
OF GOVERNMENTS
Signature
~?~
R. Michael Eastland
Executive Director
APPROVED AS TO FORM:
Interim City Manager
General Counsel
ATTEST:
JENNIFER WALTERS, CITY SECRETARY'
BY:
APP OVED A TO LEGAL FORM:
::wm~TIDRNEY
Sustainable Development Transportation Infrastructure Project
INTERLOCAl COOPERATIVE AGREEMENT
DRAFT
Appendix A
Public Sponsor Resolution
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Attachment 1
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Page 2 "f9
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. 404 21 Other Sponsor; agency ..
404 22 Other.5ponsor:name .'
404: 23 Other Sponsor: title.
n
.. 40:{ 24 OtherSponsor: e~r:han ..
....
404, 25 Other Sponsor: phonJ
4P4 26. Other Sponsor; ci8dr;€ss:' ...... .
404 Other Sponsor: City ,
27
404 ~8 Other..Sponsor: state".
404.' ~9 OtherSpomor: zip
404. 30 P";>iedName .. WEills FafCgo:Ceitdlyst'Pro/ect.
404 31 Project :L6<:ation; "treet <..,.... , !p('roitthio~iJst
404 32 . tOJeCt Location: dtyO ..' Qenton.
'..
7(j?91 ..
404 3 . . ct Location: zip. .'. ....... ,
404 34 Project Lomtion; county 'Q~ntbh
, .. - . , .
.-. . . '.
lif2,QOS/the CitP!of Denton commissioned the
IfDt/wrifowh RE1<1,,(fv~/opment.tmp.te'm'ehtation
Strqteg{es" studY'cCinductedbyitbe,Leland
CroiJpcmdRTtlL;Asiociates;li1c.iBu/lding upon
the'award~.wintiing 2003 Downtown Meister
Pld,ti,:'the si:udJli't;aYtasked td.1denHfyand
eva/(!ote s.trateg{estppiornotEiSmcrtt Cro<<!th
redeve/oPlJ}ent9Pportunlt/e{ln thiHrqnsit one.
pedeitrfcirf''p'f/rfred,tdownri:)um Denton area,
The We/ls4~ad,o,'Catalyst Projecf.;s on..eof five
projects ident/fi..e(:lbythe.study.grollp. and the
Denton CitV(;OiJndl aspr.~jedsto be siJpportec
and promo.tedlo it/mutate the redeviHopment
qf Dqwnrb..W/J.Dentof].
. '. .
AI/pfthe/diirftified pri?jects.~upp(}rtl(ertkal
rnixed-Use.dti!letopmenEClndloillftqr.e.tr.ansit
,CfevJ~topdi'eiJt, (S'ee Exhibi('I). TIi~'WelkFartJo
CatalystProjer:t brings three wQs.tantial'
ijpfthers.,jd{j;athei- the Cityof-Oe,(j{C)f], .
fn:lfJ1rT1ell'Crqw.Compamlan..dWeil/Fargo
. lJblfk. Ti6mrne/J'Crow ConiPanp.li~sd(idkcited
theIrI(1tet:lJSf.crnd~o.fJ1mitme.nt tOthe.Project.
SoW Wells Fd,.gopnd the:City o/Denton own
. prdperfywithinfheJdi!l1tifled pfojed,and
have.agreedto the developinentdesign
coh'W:Jtdn~the Cotnl17itnjent.ofaiJets,.
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. Signature. Form
~ftg(~ 3 o"f:9
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- CUR.REN7:;'fs..QIYDITIONS
. .
The Wi:!llsFcft'go,'site is ioccrtedln the
redCJi7!1ula!#krc~'cjecrted,.l)Ys. LocUst . ..
HickeiiY- ,R/lsiellllndustrialiandMulberrj; Stre,ets
'. qn~~bldcIM.duth qr/i/';eagpfCQuitHoiise
.:Sc/.C'-iare.'Th"eiitecurrentlj/(;ontains theJA/ells
. , FoW"o T(jiv~'ir,intt'anblderstluduredpark;ng
lad/ity.ion/t/leU/e#side9nthe prop~ on.d a. .'
. uhre'm(,rJiClk(egfl:rss.varea to the~ast;The' .
broaditcrnce.'between tbese two areas is made
',- ..-h' . .,;' .-.,',,:'.' .. . .. . .. u
of surk'c.eparklrlfj. . . .
. .
- R.EDEVELOPMENT OUTC.OIvfE
404 35 Project Description
. As a result oftb/s urban in,,:lill'redevelopmim{
. project, the,Wells Farf!o porkingstructurE/.Wiil
btiremoved ahdreplacedu/itha vertically
, mixed ~seftructu(ewithretaildreas dN,roun .
level"ancf.loft,sp(icedl:iove. Mid-block-anew
shareci/pcirftin,g {laragewill be constructed
adjaceritito iiru/iI~storied venue that will
featUl:ejeiC1ilt.:diiJingand living. space, This.
shared.iif1.i#ingflorage, whk;h replaces
eXpa'ls!v.e;suf((aceparJiing, Wi{lserveds the
south:eastem.pcirking anchorforthe Court
. Hous;;~Squa're.'afea. ," -. " . -
'The.redeVe(oped blockwill bedefinech:rtits
j:{erlpheri/j;)y spaddus,'tree lined sic/.ewdiksthd
",'" '. ..', .... ,,oj ", :'"
lead:thepgdestrianil1to.the Inviting, publk: .'
iPd.ces;sMpJqnd.r~tawants at the c,enterof
fhebk.ic.Ji;,;Wellkihdsccped pedeftrian plazaf
fianktiktfntedi:>i-,garage and-mixed-use area.
.. '.,..,. ',."'" '. .
The f%llu'lJjempt wassypatchJstramforme
into.dn{rivitfifg/'pocket pcirkil'greenspacethq'
lecrfw:es.(u{tI!rough wp/kways, areas.to sit an
pledtyofshade.
. · REDEVELOPMENTFEA TURES
. '. .,.-... . , .
The W~I/sFdrgoCqto/Yst Project B,locatedon
'ust aiift/e over.3 acres of/and in the heart of
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dor,ilrJtow(10enton. will be v/slbieanClgenerat
in/erqs/jrUliif,Doi,v'!towrtRedi{velopmimt
· plans,'./tHa lmql!enough pro/i!d toibe
. imp'lerrienteda/ictt::o"mpt{tii{jf1ci'r~/dhve!j;
shoJ'tperiod;oftime andyet hlgjenough to be
.i!ery hJ~h?ppqct;qpth'~isuallY};;'d .
economical If' '.'
. . . ".
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The.pedettrianfrlend/y findl prdpiJctwill bi?
iftuf:rtecf.&@f!l(Hi.theCoirrt Hc/lr;e Squarecmd
the .ft.itoreDqr4powntoll.(n...TrciilJiti::.,;>nter.
.. DepiJrldlngupOn;lheflilallocbtion:ofthe',
. Tra[7SitlacilitY-.q\Walk/ri?.fpiiiil.c~iJte/6f the
weIrs Fa':!l.o'r:edevelopmiirit site/to fhetransit
S,tatiOfJWjll;bJ'!adistai7ceof on@one:quarter
to less.:thaiJ,onehalloFa mile (l:Jetwe(!n 1320
.ond2fO'OFiietY;.' .......
Ihe:"project will produce diJef.13q/ml/clineed. .'
new'livingrspaces withiatompetitive range in
rentt,js%ofWhichc;anbe.'clas;ii;edas .
. "workfortiihoiJ~{ng"~ The proNcti.l/illrernove
nearly anacreofpoorly surfac;ec(parkibg Io.t .
. ani:lrepiace'itwith a vibr<:r'nt'/ive,:'Workand
play space.,.,'with anetgain /n:total:overall
parkinfJ.'Sp,aclis,.lt ifieifirn&tecfthatiio NEW
obs Wlllbe'cieO:l,eciby!hisinfil/prqj<<t, .
BEG/ONAL F[jNOiNC COALS."f.EI: '.
'ExpandflCrilService Accessibility
~SliPPoiff,'qijsftcOlii!!f1tedDev.eiopments
"SUPPi:YJtitldc&lItifiiIDeveloPrrfents ..
CRITERIA}~GJRTRANSRORTA TION
iNFRA:"iT/:i[[C'TUIlEFUNDI/YGMET:
"Consiitffn't.'Wi.ih. \!:4i:e6i of1nt'e'reit"
. .
'CQrrect Zoning In Place
"Public/Private partrlerrhip
- . - . . .
ADDITIONAL REG.IQI'fAL COALSIv(ET:,
'HqUSi(/~~/ne"me. Matei] '. . .' ,
'Worlifotc'eHol.IsirigNear Transit
'De'mityfWdlkability .. .
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Pate T ramportaticin
Improvements Need to
~iiY:Place
Descriptive Phrasefoi- .
, Tramportation
, ImproYements
.,. ~ '- .. ',. .
Budget item 1
, Item 1 cost
...
404 37.
404 ]t8
404 39
.
404 40'
Budgefitem 2
404 41 item 2 cost'
'404 42 Budget itetl13
404 43 Item 3 cost
404 44 BudgeUtem 4
404 45 Item 4 cost
404 46 Budget item 5
-
4.04 47 ft."". Scost
404.' 48, Buqget item 6'
404. 49 Item '6:cost
404 iSo, Budgefitem 7
404 5) Item 7 cost.
404' 52 Budget Item.8
404 53 Item 8.cost
404 54 BudgetJtem9
404 55 Item 9. cost
404 56 ' Budget, item 10
.
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-Page 5 of: 9,
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'MlxbfResidentialand Non~Residential Uses
:Wi;:C,;eCitldn:ln]RiJhtJliemploYm~~tArea$ - .
iC:/:Z~irbiv~ijteito:p;oposifiRail Station
,!Rt!tOfic Qdumt9o/n-'
,'Will SerYij;as'!f.4.~'rjQriij6CCitaIJist forSalance
ofPiaiiireCl PfB'ecti' ....
---..,.-.~.-'J"...,.,
MaY2008 .
...' .. ''n,_
-"-.- - :',."C" . ,
TheYc'q);i{i:!hJikiil/f.l.Jocated withinonalong the
Ilmit~'i:Jftheip,ro.pdsed .' .., .... '.'
de';'eI6pmefrflrede...~/opmentzone' '.
~j8ewalkii(p'erikljf!fataiJq'lfJt.erior)
$$80,OQOZ001;i,_
Street!'roPfn9j?!/icf.Pedes.trianICPdiit
Arrimenitie~irEnhancecltQPromote'walkibijitY
d:ii#-incluc,!e/shade t/:iukb.enches, pedeJtria/
:. -. - : , '.~ "f .. . "; .., . ._,~ . _'.. ,.
lighting.bine rO(Ri;trd!h receptacles, iignage,
beddii!iiinbt.Mal, ADXramp,s;jori1e .
enhqh(~if.paJ/ing~'qt block~ntra,ru:ei)
$1A.QO,OOO,Ji.'o
Lan.ds.cap!iJ'g:{p~tiph?,qO
~.". $3io.bQii:000.'' '..
Ped,eiti'ian I?lCiias '.
$9.l4ooo.0(f
CreerfJpd:f;iJ.;Poc/{e,tPdrkResPiteArea'
Oandscciping.'wallivkJjls,shalfesrructures,
seatiif;j,ljr;l/b~!f/'b.ik~rdcks,. Transit/Downtown
Kiosk et,c) .
$348;5.,0(;i,'00 -" . .
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Downto~~_ga!~ly_~t Project B
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Project Description
Less that" %mi Ie fro'm fu.vl'~ Trcmsit 'St~tipn
Will ',c.ontain :136 new residential spaces, on 3 acr.es
Create at least220 NEW jobs'
TeI.Kes adVCll1tag:e of exi~ting pedestrj~nltran$it b~~e
'Will feature Vertically mixed .1ISe$
Will .serve as catalyst for additional Downtown prqjec.ts
W-iII.serve as p'arking anchor for Court House. Square
.,';;;-.
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North C<<:lntr~1 Texas Council of Gove,rnment!;
2005 Sustainable Development Call for Projects
..
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Catalyst Areas
Five .areas have beenidentif'ie'd -as.
re,development zones .capable of viable
catalyst development proj,ectsthat will
feature higher density, sustainable and
transit oriented redevelopment.
1:
t
ot' r" ;;,.. .
DE~TON
Pub.lic.Sponsor: City 6f DemQn
Private ~ponsor: Trammell 'Cr.ow Company
Attachment 3
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Attachment 4
Sustainable Development Call for Projects
(project name) Project
-~-----_.._-
Attachment 5
NCTCOG Sustainable Development Call for Projects
Project Implementation Process
RTC Action to Approve Sustainable Development Projects (04113/06)
...
...
Lead Public Sponsor chooses
Option 1, "Standard Practice Option"
lead Public Sponsor chooses
Option 2, "local Float Option"
...
...
Resolution of Governing Body
submitted to NCTCOG (no later than
5 p.m., July 14, 2006)'
...
Resolution of Governing Body
submitted to NCTCOG (no later than
5 p.m. July 14, 2006) 1
...
...
RTC Action to Approve Project Scope
and Placement in TIP
RTC Action to Approve Project Scope
and Placement In TIP
...
--Sign-lnterfOGaI-Agreement-with
NCTCOG'
...
Slgn-lnterlocal-Agreementwith
NCTCOO'
...
lead Public Sponsor provides 20% cash
match to NCTCOG
1:0-aQ~eiJllli2.Jl':~!l~r;lUo.v.Kl~~20'k:-C3&1i'
mata.~N~tc.OG
...
...
NCTCOG Issues Notice to Proceed 2
...
NCTCOG Issues Notice to Proceed (at
soonsor's risk) 2,3
Begin construction using "Project
Staging" date as a start date
...
...
Begin construction on a locally set time
sched u 10
Collectlinv.olcesIf0rl80%'RTC local
Fund portion
...
Project Completion
...
...
Riilmllurs:o}20%Ilo:calrmat~1i
...
Reimllursement of 80:'1.1 R"'C I!ocal F.unCl
l!.Qitlon after assigne<l "P.roject'stiig!!!g
Groul!" Clate
Reimllursemont of 80'Xi R:r.C L!ocal F.unCl
I!ortlon ul!on coml!letion
~~ect'SP.Qnsors wit~out lalK! use aut~ori!y', the €i!y' within w~ic~ t~e1Jllilject'is locateCl must also.l1roviCle a
GovemingiBoay Resolution ana sign t~e Interlocai \(\greement.
2 Expenses incurred prior to Notice to Procead are ineligible for reimbursement.
3 Project may proceed, however, NCTCOG reimbursement is contingent upon NCTCOG receipt of RTC local Funds.
Revised May 2006
Page 1 of 2
NCTCOG Sustainable Development Call 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.
Option 1, "Standard Practice Option" means the project waits until funds for the 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 contract with a iocal agency providing RTC Local Funds to
NCTCOG and the local project sponsor (public or private) "fioats" the project until NCTCOG receives
payment of RTC Locai Funds to a NCTCOG account. A required element of the Governing Body
Resolution is the lead public sponsor decision to select Option 1 or Option 2. In either case,
transportation improvements cannot be reimbursed prior to the assigned "project staging" date.
Option 1
OR
Option 2
'Standard Practice Option"
"Local Float Option"
Lead pUblic sponsor uses the assigned 'project
staging" date as a start date for the project,
pending the receipt of a Notice to Proceed.
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.
If RTC Local Funds are not available due to a
default of local funds being paid to NCTCOG,
the project may be switched to federal funding.
This default situation would require a new
contract with TxDOT and may result in a delay
in the project.
Staff is authorized to develop interlocal
agreements with RTC local Funds that allow
immediate construction with reimbursement to
the lead pUblic sponsor contingent upon the
receipt of RTC Local Funds by NCTCOG.
Please note, NCTCOG will not sign Sustainable
Development Project intenocal agreements until
NCTCOG signs agreement(s) to receive RTC
Local Funds. If a lead public sponsor selects
this option, choosing to move forward and
complete their project prior to the assigned
reimbursement date. the lead public sponsor
will be "at risk" with regard to the default of local
funds being paid to NCTCOG. This option may
preclude switching to Federai Funds in the
event that RTC Local Funds are unavailable.
For example, this default situation would occur if
a NCTCOG member local government with a
contract with NCTCOG to make payment of
RTC Local Funds to NCTCOG is in violation of
their contract wilh NCTCOG.
For example, this default situation would occur if
a NCTCOG member local govemment with a
contract with NCTCOG to make payment of
RTC local Funds to NCTCOG is in violation of
their contract wilh NCTCOG.
Revised May 2006
Page 2 of2
Attachment 6
NCTCOG Sustainable Development Call for Projects
Project Scope Transportation Improvement Groups
Wells Fargo Catalyst Project
Application Number: 404
A final project scope must be included in the goveming body resolution for each funded
transportation infrastructure project. That project scope must bUdget funding into the
groups of transportation improvements shown below. Changes to this scope will require
RTC action to amend the Transportation Improvement Program (TIP) and may only be
requested on authority assigned by the local governing body. Project SCOpes must use
the template located at www.nctcog.org/trans/sustdevllanduse/funding/2005.asp.
Category Description Budget
Pedestrian Sidewalks, crosswalks, benches, trash
Amenities receptacles, shade trees, lighting, pedestrian $2,500,000
plaza
Construction of new/extended trails or
Bicycle Trail connection to existing/planned trail, route
signage, landscaping, lighting, egress/access
from existing/planned trail
Landscaping Installation of landscaping features along
transportation facilities
Pedestrian shelters, pedestrian linkages to
Bus Transit transit center, sign age, passenger waiting
areas, trash receptacles, landscaping
Rail Transit Station construction, pedestrian linkages to
station, signage, landscaping
Traffic Signals Signal installation, signal retiming, equipment
upgrades
Intersection Left tum lanes, right turn lanes, improvements
Improvements' to intersection geometry, landscaping
Street Construction 2 Capacity expansion, reconstruction, frontage
road adjustments, ramp reversals, landscaping
, Scope of work for intersection improvements must include a description of the exact
intersection of cross streets and the work to be performed on each approach to
intersection and may result in a project delay due to Statewide Transportation
Improvement Plan (STIP) listing requirements.
2 Scope of work for street construction must include street name, to/from limits, number
of lanes, divided/undivided facility, and may result in a project delay due to STIP listing
requirements.
April 2005
1
Attachment 7
RESOLUTION ESTABLISHING MANAGEMENT OF SUSTAINABLE
DEVELOPMENT PROJECTS
R06-05
WHEREAS, the North Central Texas Council of Governments 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 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 a forum for cooperative decisions on
transportation; and,
WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area for
the pollutant ozone, and air quality impacts the public and economic health of the entire region;
and.
WHEREAS, the Regional Transportation Council is responsible for air quality conformity;
and the Clean Air Act Amendments of 1990 require that in air quality nonallainment areas.
transportation plans and improvement programs conform to the applicable air quality
implementation plan; and,
WHEREAS, the Regional Transportation Council's first Sustainable Development Call for
Projects successfully implemented a wide variety of projects and was awarded the inaugural Smart
Moves: Transportation Strategies for Smart Growth Award sponsored by the Environmental
Protection Agency, the American Association of State Highway and Transportation Officials, and
the Federal Highway Administration; and:
WHEREAS. the Regional Transportation Council approved $40.61 miliion for the current
Sustainable Development Call for Projects on April 14, 2005; and,
WHEREAS, on April 13, 2006. the Regional Transportation Council approved the projects
under the Sustainable Development Call for Projects, the use of Regional Transportation Council
Local Funds pending the receipt of local funding agreement(s), and the requirement that a
resolution of the lead public sponsor's governing bOdy for each project be submitted to NCTCOG
offices by 5 p.m., July 14, 2006.
NOW, THEREFORE, BE IT HEREBY RESOLVED THAT:
Section 1.
The Regional Transportation Council approves the project scope and
timing for inclusion in the Transportation Improvement Program after
receiving Governing Body Resolutions for individual projects.
Standard practice is to issue a notice to proceed in the year that funds
are available. In order to expedite benefits of the program, staff is
authorized to develop agreements that allow immediate construction with
reimbursement pending receipt of Regional Transportation Council Local
Funds. The lead Public Sponsor will sign an agreement that states they
understand the risk of such construction.
Section 2.
Section 3.
Funds returned from infrastructure investments and planning projects
unable to move 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 Central
Texas Council of Governments, at a minimum, the Regional Transportation
Council Local Funds upon resale or lease of land acquired under the
program. Reasonable costs will be considered. A Land Banking Program
will be established for future projects.
Section 5.
The Land Banking Program is to be administered as land acquisition for
economic development purposes.
Section 6.
Regional Transportation Council action is required to reprogram funds from
any Sustainable Development Program or Projects.
Section 7.
This resolution will be transmitted to all local governments with Regional
Transportation Council selected projects under the Sustainable Development
Call for Projects.
Section 8.
This resolution shall be in effect immediately upon its adoption.
Wendy Davis, Chair
Regional Transportation Council
Councilmember, City of Fort Worth
I hereby certify that this resolution was adopted by the Regional Transportation Council of
the North Central Texas Council of Governments for the Dallas-Fort Worth Metropolitan Area on
May 11, 2006.
T. Oscar Trevino, P.E., Secretary
Regional Transportation Council
Mayor, City of North Richland Hills
Attachment 8
RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS
General Conditions
1. Project applicants may access the online application beginning November 1, 2005,
at: www.dfwinfo.com/transnanduseliointventure/2005.html. Online applications
must be submitted by 5 p.m., January 20, 2006.
2. In addition to an electronic submittal, all applicants must submit two paper
copies of a completed and signed application to NCTCOG offices by
5 p.m., January 20, 2006. Incomplete applications or those not received by the
deadline will not be accepted. Supplemental information will not be accepted after
the deadline.
3. Projects must be consistent with the Regional Transportation Council approved
Screening/Project Selection Process and the Regional Transportation Council
approved Sustainable Development Areas of Interest.
4. Projects may be funded with federal or local funds. Projects built with federal
funds will follow the standard Texas Department of Transportation
(TxDOT)/Federal administrative process and design standards. Projects built with
local funds will follow the administrative process and design standards of the
public sector sponsor under an interlocal agreement with NCTCOG. .
5. All 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 prior to receipt of a Federal Project Authorization
and Agreement (FPAA) are not eligible.
6. A public agency must sponsor each application. The sponsoring public agency will
serve as the lead project contact.
7. All projects require a minimum local cash match of 20% of 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 $12.59 million. The combined total requests
from each individual public sector agency in the Western subregion shall not
exceed this amount.
RULES FOR NCTCOG'S SUSTArNABLE DEVELOPMENT CALL FOR PROJECTS
Page 1
General Conditions (continued)
10. The Eastern subregion allocation is $28.02 million. The combined total requests
from each individual public sector agency in the Eastern subregion shall not
exceed this amount.
11. The Regional Transportation Council will approve all final projects and funding
levels.
12. The Regional Transportation Council reserves the right to remove funding from a
project that is no longer supported by both local partners.
13. The Regional Transportation Council reserves the right to remove funding from a
project for which the 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 project return to the regional
Sustainable Development Program for future funding initiatives.
Conditions for Local Sustainable Development Plannfna Proarams
1. No individual project funding request may exceed $300,000.
2. Proposals must create the planning foundation or strategic assistance necessary
for a development project that would be eligible and competitive for the
Sustainable Development Call for Projects. Applicants are encouraged to submit
Sustainable Development programs that include (but are not limited to): objectives
creating urban design standards for an area, creating a tax increment refinance
zone, or implementing a public outreach campaign promoting livable communities.
3. No private sector sponsor is required,
Conditions for Land Bankina Proiects
1. The Regional Transportation Council has established that no more than 20% of
the total funding allocated to the Sustainable Development Program be spent on
land banking. Thus, no individual land banking funding request may exceed $8.1
million.
RULES FOR NCTCQG'S SUSTAINABLE OEVELOPMENT CALL FOR PROJECTS
Page 2
Conditions for Land Bankina Proiects (continuedl
2. Individual project meetings will be required for land banking applicants. NCTCOG
staff will schedule Ihese meetings after January 20, 2006.
3. No private sector sponsor is required.
4. The sponsoring public agency must provide to NCTCOG a resolution of its
governing body, endorsing receipt of the award, and intent to participate in a land
banking program within 90 days of Regional Transportation Council action to
select the project.
Conditions for TransDortatlon Infrastructure Projects
1. No individual project funding request may exceed $7 million.
2. Zoning and development codes necessary to allow the development to be built
must be in place by the January 20, 2006, deadline.
3. A letter of support from an active private-sector partner currently working on a
development in the impacted area is required.
4. The sponsoring public agency must demonstrate a public/private partnership.
Public entities may include a county, city, transit authority, or special district.
Private sector partners may include for-profit private developers, not-for-profit
homebuilders, Independent School Districts, housing authorities, colleges,
universities, tax increment refinance zones, and public improvement districts.
Local government support is required for all applications.
5. Items ineliaible for reimbursement include, but are not limited to: construction or
rehabilitation of private buildings, artwork, fountains, installation andlor
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. Certain categories of federal funds may be more restrictive.
6. Transportation infrastructure eliaible for reimbursement include, but are not limited
to: roadways, intersection improvements, bus stops, sidewalks, shade trees,
landscaping, pedestrianlbicyclist amenities, crosswalks, bicycle paths, transit
stations, right of way or easements necessary for transportation facilities. Certain
categories of federal funds may be more restriclive.
RULES FOR NCTCQG'S SUSTAINABLE DEVElOPMENT CAll FOR PROJECTS
Page 3
Conditions for Transportation Infrastructure ProJects Icontlnuedl
7. Eliaible transportation infrastructure must be (a) physically located within or along
the limits of the proposed developmenVredevelopment 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.
8. The sponsoring public agency must provide to NCTCOG a resolution of its
governing body, endorsing receipt of the award, and confirming the private sector
partner within 90 days of Regional Transportation Council action to select the
project.
RULES FOR NCTCOG'S SUSTAINABI F DEVELOPMENT CALL FOR PROJECTS
Page 4
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Sustainable Development Transportation Infrastructure Project
INTERLOCAl COOPERATIVE AGREEMENT
DRAFT
Appendix 8
Lower Tier Participation Debarment Certification
Sustainable Development Transportation Infrastructure Project
INTERLOCAL COOPERATIVE AGREEMENT
DRAFT
LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION
(Negotiated Contracts)
(Name of certifying official)
sworn pr under penalty of perjury under the laws of the United States, certifies that neither
, being duly
(Name of lower tier participant)
, nor its principals
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 Certifying Official
Title
Date of Certification
Form 1734
Rev.10-91
TPFS
Sustainable Development Transportation Infrastructure Project
INTERlOCAL COOPERATIVE AGREEMENT
DRAFT
Appendix C
Lobbying Certification and Disclosure of Lobbying Activities
Sustainable Development Transportation Infrastructure Project
INTERlOCAl COOPERATIVE AGREEMENT
DRAFT
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.
Signature
Title
Agency
Date
TxDOT
1-91
TPFS
Sustainable Development Transportation Infrastructure Project
INTERLOCAL COOPERAT~E AGREEMENT
DRAFT
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities
(See instructions for public burden disclosure)
1. Type of Action: 2. Slatus of Action: 3. Report Type:
0 a. contract 0 a. bid/offer/application 0 a. Initial filing
0 b. grant 0 b. Initial award 0 b. material charge
0 c. cooperative agreement 0 c. post-award
0 d. loan For Material Change Only:
0 e. loan guarantee year_ quarter
0 f. loan Insurance date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity In No. 41s Subawardee, Enter
0 Prime 0 Tier If known Name and Address of Prime:
-
6. Department Agency: 7. Program Name/Description:
6. Action Number, If known: 9. Award Amount, If known:
$
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (Including address If
(If Individual, last name, first name, MI): different from No.1 Oa)
(last name, first name, MI):
(attach Continuation Sheat(s) SF-LLL-A, If necessary
11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply):
0 a. retainer
$ o actual 0 planned 0 b. one-time fee
0 c. camm Isslon
12. Form of payment (check all that apply): 0 d. contingent fee
0 a. cash 0 e. deferred
0 b. In-kind specify: nature 0 f. other; specify:
value
14. Brief Description of Services Perfonned or to be Performed and Date(s) of Service Including offlcer(s), employee(s), or
Member(s) contacted, for Payment Indicated In Item 11:
(attach Continuation Sheet(s) SF-LLL-A, If necessary)
15. Continuation sheetls) SF-LLL-A attached: 0 Yes 0 No
16. This disclosure of lobbying activities Is a material
representation of fact upon which reliance was placed
by the tier above ~en this transaction was made or Signature:
entered Into. This infonnatlon will be available for
publlcinspectlon. Print
Name:
Tltie:
Telephone:
Date:
NCTCOG Use Only: Authorized for Local Reproduction Standard Fonn - LLL
INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure fann 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 iflfluence an employee of the NCTCOG, a Member of the Regional Transportation Council
(RTG), an officer or employee of the Regional Transportation Council (RTC), or an employee of a Member of the Regional Transportation
Council (RTG) in connection with a covered action. Use the SF-LLL~A Continuation Sheet for additional information jf the space on the form
is inadequate. Complete all items that apply for both the initial filing and material change report.
1. Identify the type of covered action for which lobbying activity is and/or has been secured to influence the outcome of a covered
action.
2. Identify the status of the covered action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered action.
4. Enter the full name address city, state and zip code of the reporting entity. Check the appropriate classification of the reporting
entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards
under grants.
5. If the organization filing the report in item 4 checks uSubawardee," 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 awardlloan
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:
Pagu_ of_
Authorized for Local Reproduction
Standard Form - LLL-A