Loading...
R-75-124 - 6/12/1975THE STATE OF TEXAS, CITY OF ROUND ROCK. ' r RESOLUTION NO. 124R' f - RESOLUTION WHEREAS on February 4, 1974, Economic Development • Administration, United States of America, made an'Offer of Grant to the City Round Rock, Texas for the purpose of aiding in the construction of a municipal swimming•pool;'and_ ' 3_+ .. WHEREAS, in accepting ".•said Offer of Grant, the City of Round Rock agreed to retain title to the subject property and all associated seal property for the useful life of such property and further':agreed.that':such =property would be devoted to public use; and �- . 'WHEREAS the Economic Development Administration, United States of America,`.has now request d• that the City of Round ' Rock comply with the'�Offe' of Grant by executing an Agreement,. the copy of which is attached to this Resolution and is marked Exhibit` "A" ; and " ` " ° _WHEREAS the City Council deems it advisable and necessary to authorize the mayor to execute said agreement on behalf of . s the City of - Round Rock, Texas; NOW, THEREFORE, BE IT'RESOLVED by the City Council of the City of Round Rock, Texas; that'the mayor, Ray Litton, is - hereby authorized to execute on behalf of the City the Agree- ment between the City and the Economic Development Administra- tion, United States of America, which is attached hereto. • - READ, PASSED AND ADOPTED this f day of June, 1975. / L /41 ELIZ -City Secretary / >' -:" RAY LITTO Mayor City of Round Rock, Texas •r A G R E E M E N T 44 114. • ' * $ This Agreement made the day of , 19_, by and between the City of'Round Rock, Williamson County, Texas whose address is 214 East Main Street, Round Rock, Texas 78664 (hereinafter with its successors and assigns called the "Grantee "), and the ECONOMIC DEVELOPMENT ADMINISTRATION, UNITED STATES OF AMERICA, whose address is Main Commerce Building, Washington, D. C. 20230 (hereinafter with its successors and assigns called "EDA "): WHEREAS, pursuant to application designated as EDA Project No, 08- 11.01516 • a request was made by the Grantee for financial assistance pursuant to the Public Works and Economic Development Act of 1965 (P.L. 89 -136; 42 U.S.C. 3121, et seq.); and WHEREAS, by Offer of Grant dated February 4 , 19 74 , as amended, EDA offered a grant to the Grantee to assist in financing the construction of a . municipal swimming pool (hereinafter called the "Project Facilities ") in Williamson County (Parish), State of Texas , in and upon that certain real property described in Exhibit "A" which is attached hereto and made a part hereof; and WHEREAS, by virtue of its acceptance of the Offer of Grant, the Grantee covenanted and agreed that it, or a successor satisfactory to EDA, will retain title to the Project Facilities for their useful life and that the Project Facilities will be devoted to the purpose for which the grant was made; and WHEREAS, it is desirable that the Grantee's covenant be recorded in the appropriate public records affecting real property in the above mentioned County (Parish),' and thereby constitute 'a notice to all persons of restrictions on title to and use of the Project Facilities; NOW, THEREFORE, in consideration of financial assistance rendered and /or to be rendered by EDA and to assure that the benefits of the Project Facilities will accrue to the public as intended by both EDA and the Grantee, the Grantee hereby covenants and agrees as follows: 1. That for the term specified in 2, below, and except as provided herein, the Grantee will retain its title to the Project Facilities and its title to the real property upon which said Project Facilities are located, which real property is described in Exhibit "A" attached hereto and made a part hereof; 2. That the term for which the Grantee agrees to retain its title to the Project Facilities and its title to the real property upon which the Project Facilities are located shall be for the useful life of the Project Facilities, which has been determined to be 40 years from the date hereof; 3. That during the term of years specified in 2, above, the improvements or other Project Facilities financed•in whole or in part by a grant from EDA shall be devoted to that public purpose for which the grant was made; provided, however, that this restriction shall apply only to that portion of the real property described• in Exhibit "A" upon which improvements or other facilities financed in whole or in part by EDA are located. By way of illustration only, should the improvements and facilities in an industrial park financed by EDA b'e limited to streets, water, sewage, utilities, or any of these, the foregoing restriction shall apply only to that real property upon which such facilities are located. The Grantee does, more- over, covenant that it will not cause, permit or suffer alienation of all or any part of such real property or any improvements thereon financed in whole or in • part by EDA, during such term of years,' whether such alienation shall be by deed, lease, mortgage, or otherwise. 4. The covenants and restrictions herein contained shall be real cove- nants running with the land described in Exhibit "A" attached hereto during the term of years set forth in 2, above. Notwithstanding the foregoing, the restric- tions and limitations upon the Grantee set forth in this Agreement may he waived, modified, or altered with the prior consent of the Assistant Secretary of Commerce EXHIBIT rrA" 'for Et•dnomic• Development in accordance with regulations prescribed in Title 13, Code of Federal Regulations, Section 305.59, et seq.,.as such regulations may be amended or modified from Litiie to Lime. • IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year first above written by their duly authorized officers. ATTEST: Title: STATE OF TEXAS X COUNTY OF WILLIAMSON X STATE OF TEXAS COUNTY OF TRAVIS (SEAL) Grantee X X By: Title: ECONOMIC DEVELOPMENT ADMINISTRATION UNITED STATES OF AMERICA By: f Title: Regional Director (NOTE TO GRANTEE: This acknowledgment must be completed in accordance with applic- able law of the State in which the real property is located.) Before me, the undersigned authority, on this day personally appeared Ray Litton, Mayor of the City of Round Rock, Texas, a Texas Municipal Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed • the same for the purposes and consideration therein expressed, in the - capacity therein stated and as the act and deed of said municipal corporation. Given under my hand and seal- of office on this day of June, 1975. Notary Public in and for Williamson County, Texas. On this J.$ - day of /2 , 19751 before me, a Notary Public, personally appeared _ u Regional Director , Southwestern Regional Office, Economic Development Administration, United States of America, known to me to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained, and that he is duly authorized in the premises. GIVEN UNDER MY HAND AND SEAL this /.,:r day of /glary. , 197x7. 0 t ar blic in and for Travis County, exas \ tl„ F Ir `n 2 of 2 City of Round Rock, Texas a. ry, Gmnlu:on uFn., EXHIBIT "A ", 'cont. EXHIBIT "A" All rights, title and interest to the City of Round Rock, Williamson County, Texas to the following real property: Said 2.017 acres being situated in the Wiley Harris Survey Abet. #298, Williamson County, Texas. And also being out of the Wallace L. Luerson 21 acre, recorded in Volume 493, Page 407, Williamson County Deed Records. COMMENCING; at a point, said point being.an iron rod found at the North East corner of the Lake Creek Subdivision, recorded in Volume 7, Page 33, 34 of the Williamson County Deed Records, said point also being in the South Line of the Missouri Pacific Railroad, Thence; N. 72 35' E, with the said South line of the Missouri Pacific Railroad 1465.88 feet to the POINT OF BEGINNING, said point being the North West corner of the 2.017 acres tract, being more particu- larly described by metes and bounds as follows: Thence, N 72 35' E, 418.32 feet to a found iron rod said point being in the Easterly line of Wiley Harris Survey Abst. #298, Williamson County, Texas. Thence; South, 241.04 feet to a point, Thence; S 72 35' W, 346.17 feet to a point, Thence; N 17 25' W, 230 feet to the POINT OF BEGINNING and containing 2.017 acres more or less. ' Exhibit "A" to an agreement between the City of Round Rock, Williamson County, Texas and the United States of America, Economic Development Administration, U. S.. Department of Commerce, Project Number 08 -11- 01516. EXHIBIT "A ", cont. City of , 0-14 October 17, 1973 Dear Mr. Swanner: Sincerely James Hislop City Manager Attachment cc CAPCO ROUND ROCK, TEXAS 78664 512/255 -3692 214 EAST MAIN STREET Mr. Joseph Swanner, Director Southwestern Region Economic Development Administration 702 Colorado Street Austin, Texas 78701 RE: EDA -PWIP Project Application - Municipal Recreation Facilities Round Rock, Texas Submitted herewith is an application for EDA Public Works Impact Project Assistance to provide needed recreational facility improve- ments and at the same time create employment opportunities in the Round Rock community. Plans and specifications for this project have been completed and are included with this submission. This application has been forwarded to the Capitol Area Planning Council for A -95 review and comment. The results of this review should be forwarded to you in approximately 45 to 60 days. Please advisd if additional information or revisions will be required. We sincerely appreciate your consideration, support, and assistance. Thank you.. I uRM ED- 101 -PWIP U.5. DEPARTMENT OF COMMERCE ..-In ECONOMIC DEVL'l.Ol•M6NT ADMINIlTNATION APPLICATION FOR GRANTS FOR PUBLIC WORKS IMPACT PROJECTS (Under P.L. 89.136, as amended 1971) FOR GOVERNMENT USE ONLY EDA Project No.: Other Agency Proj. No.: State: Redevelopment Area: Basis of Qualification: Grant Rate: Total Project Cost .. E 97,075 Region: District: ED Center: ❑Yes 0 N Redev. Center: ['Yes 0 N . . EDA Assistance Requested: Grant 80% $ 77,660 Direct Grant from EDA S N/A Supplementary Grant to Direct Supplementary Grant to Direct Grant from N/A Federal Agency $ PPBS Data File Code: Budget Code: State-County Code: another NOTE: READ INSTRUCTIONS AND FOLLOW CAREFULLY IN PREPARING THIS APPLICATION. Date Received: 1. GENERAL 1. Applicant (Exact legal dame) CITY OF ROUND ROCK, TEXAS . 2. Address (Number, Street, City, County, State, and Zip code) 214 East Main Street ' Round Rock, Texas 78664 3. Type of Project: Municipal Recreational Facilities 4. Project Location (City, County, State) Round Rock, Williamson County, Texas (See Exhibit 1) 5. Attach as Exhibit 5A a statement describing how the proposal meets requirements as outlined in the instructions. Attach as Exhibit 5B Assurance of Construction Job Opportunities for the Unemployed, including Applicant's Estimate of Construction Job Opportunities Created By This Project. - • (See Attachment 5) 11. PROPOSED PROJECT 6. Brief description of project: Construction of municipal swimming pool and related recreational and support facilities on new City park site. 7. Purpose of project : This project will serve the increased recreational needs of the Round Rock community and provide badly needed employment opportunities for unskilled and semi - skilled workers. The City's existing swimming pool is totally inadequate; the proposed facilitie will serve residents in all sections of the community. 8. Amidi a. E liibit 8 evidence that project ,sin conformance with comprehensive planning for the area, and for the District, it applicable, and that appropriate local authorities have had an opportunity to comment on the project, as applicable, (See Exhibit 8) 9. NOTE: Not applicable if application is for EDA Supplementary Assistance to a Basic Grant from another Federal Agency If application has been [trade to any other Federal or State Agency or Regional Commission for financial assistance for this project or any portion thereof, within the past five years, list agency or agencies, amount and type of assistance requested, and disposition of request. Not Applicable 10. If proposed project is related to another proposed project in such a way that one cannot be used without the other, describe the related project and give its current status. • Not Applicable 11. If project is to provide public service facilities, state whether a privately owned public utility is furnishing or is franchised to furnish similar services in the area to be served by the project and, if so, give name of utility company and identify the State or Federal regulatory body having jurisdiction over rates. (See Exhibit 11) 12. If project involves sanitary sewer facilities, storm sewer facilities, sewage treatment or waste disposal facilities, provide EPA certification on treatment of wastes as outlined in instructions. Attach as Exhibit 12A. If water or sewer project, provide map and drawings as per instructions. Not Applicable 13. If applicant does not intend to retain title to the project facility, or to operate and maintain it upon completion of construction, explain reasons and identify transferee and /or operator. . Not Applicable; City of Round Rock will hold title to these facilities and be fully responsible for all operations and maintenance. 111. TECHNICAL DATA NOTE: If Basic Grant is being obtained from another Federal Agency and only a Supplementary Grant is being requested from EDA, omit Item 14B. .. 14. Architect /Engineer A. Name Tve Collins, P. E. (CECON INC.) Address (include Zip code) 8000 Shoal Creek Boulevard, Suite 310 Austin, Texas 78758 Registration No. and State #13795 TEXAS Amu end, and Mom. No (512) 454 -0323 B. Attach a copy of the agreement between the applicant and A/E, and identify as Exhibit 140. See Exhibit 14B FORM ED•101 PWIP [van usc01.0a- 0c -721 vs -P>a Submit Arent eit ;linginver Rep,nt and Plans and Spreduations as per lustrucuous. (See Attached Plans and Specifications) . 1b. Estimated time requirements: Note: Since the major portion of the construction work will be accomplished by City Force Account labor, only parts of the work will be bid. A. Estimated time required after application approval to: (1) Advertise for the purpose of competitive bidding 30 days Start construction 60 days (2) • B. Estimated construction 6 months period 17. Operation and maintenance of project: Attach as Exhibit 17, a statement explaining how the project will be administered, operated and maintained. (See Exhibit 17) IV. FINANCIAL DATA NOTE: If Basic Grant is being obtained from another Federal Agency and only a Supplementary Grant is being requested from EDA, Applicant is NOT required to furnish breakdown of costs as shown in Item 1B.Instead, insert total project cost as Item 18J. 18. Estimated Project Cost: A. Preliminary Expense (Complete Exhibit 18A and insert total here) $ B. Land and Rights -of -Way (Attach Exhibit 18B and insert total here) s N/A C. Construction (Complete Exhibit 18C and insert total here) s 83,250 D. Machinery and Equipment not included in Construction (item 18C) s N/A (Complete Exhibit 18D and insert total here) E. A/E Services provided under an agreement or contract: (1) A/E Fees engineering & design - $ 5,000 Resident Inspection S • (2) Test Borings S (3) (4) Other (Specify) S Attach explanation as Exhibit 18E(4) TOTAL Iitem E) S 5,000 F. Legal and Administrative Expense $ N/A G. Capitalized Interest $ N/A • FORM ED -101 PWIP 0•r11 -3- USCOMM- DC•59193•P72 11. TOTAL (ItemsA •G) s 88,250 I. Project Contingency (10% of Item 11) S 8,825 3. TOTAL Estimated Project Cost (Sum 11 and 1) S 97,075 K. Total Relocation Expense (from Exhibit I8K) 0 N/A 19. Proposed Method of Financing; Amount Percent A. EDA Direct Grant requested herein S 77,660 80 % B. EDA Supplementary Grant to EDA Direct Grant requested herein S 0 0 % C. Other Federal Grant from • N/A (Attach Evidence as Exhibit 19C) D. EDA Supplementary Grant to Other Federal Direct Grant requested herein 9 0 0 % E. Local Matching Funds (Equals Item 20D) S 19,415 $ 0 0 % 20 % F. TOTAL Estimated Project Cost (Equals Item 183) f 97,075 100 % 20. Availability of Local Matching Funds (For Permanent Financing of the Project): A. Cash or Investments on hand: Fund Sources _ Amounts City of Round Rock 19 415 r Budgeted General Fund Monies s 19,415 TOTAL S B. Funds to be Borrowed: (1) Type of debt obligations and source Amounts None 0 S TOTAL S 0 FORM ED -101 PWIP 19 - 71) U SC OMM-DC -ea t ea -P1a (2) If public sale, attach recent letter from investor indicating interest to bid on proposed type and amount of debt obligation, and identify as Exhibit 20E(2) (3) If investor or lender is committed to purchase proposed obligations, attach copy of commitment agreement, and identify as Exhibit 2011(3) C. Other Grant Funds (Non•Fedcral Origin): • Identity of Grantor Amounts Not Applicable s 0 S TOTAL $ 0 (Attach documentary evidence of availability of grant(s) as Exhibit 20C) $ D. TOTAL Local Matching Funds (Equals Item 19E) E. Discuss completed /required fiscal and legal action for availability of funds and show approximate schedule for completion. No legal actions are required. Local funds are presently available. 21. Interim Financing During Construction: A. Applicant's own funds: Source Amount Not Applica7 r s fl s TOTAL.... f 0 . B.Temporary loan from: . Source Amount Not Applicable s 0 s TOTAL f O C. If Applicant will obtain a temporary loan, attach lender's letter of interest or commitment to lend, and identify as Exhibit 21C. Not Applicable 22. Financial Statement of Proposed Project (For Revenue Producing Facilities Only): A. Category or Type of Purchasers or Users of Facility Services (1) Present or guaranteed minimum number. Current Year 19 73 Adult Residents 1,150 Minor Residents 1,625 Non — Residents 800 FORM ED -101 PWIP 1941t USOOMM -OC•a9 iva• (2) Maximum possible uu mb cr. 1st Ygar 19_ Adult Residents Minor Residents Non - Residents ' (3) Probable number of NEW purchasers or users of facility services. Adult Residents Minor Residents Non - Residents (4) Loss Percentage - average 1,500 2,000 1.000 3rd Ycar 19 75 1,800 2 1.000 5th Year 19_112_ 2,000 3,000 1.200 10th Year 1921 2 300 3.500 1 500 350 300 200 300 375 500 500 S00 200 0 200 300 NOT A, PLICABLE B. Volume of Business: (1) Category of Purchaser Adult Residents 1,150 1,500 Minor Residents 1,625 2,000 Non - Residents 800 1,000 (2) Is the existing facility metered? ❑Yes ®No If not, indicate how volume is measured. C. Operating Statement (Complete Page 7) D. Rates, Charges, Prices: Indicate the prices charged per units of volume for each type of purchaser or facility service user. (1) Existing - Current Fiscal Year USER FEES: Age 12 & under = 25 SAME FEES PROPOSED Age 13 & Over. = 35i Individual Pass = $10.00 Family Pass = $25.00 (3) Supplementary Grant Assistance (Applicable ONLY when Application is made for Federal Grant Assistance in excess of 50% of the Estimated Project Cost.) Provide the rates or charges for each of five comparable size organizations) communities for services similar to those to be provided by this project. Attach and identify as Exhibit 22D(3). Name, title and address (Include Zip code) of the applicant's chief fiscal officer JAMES HISLOP City Manager City of Round Rock 214 E. Main Street Round Rock, Texas 78664 Arca Code/Telephone (512) 255- 3692 Average Annual Volume Current Actual Est. end 1st Year (2) Proposed - for FIRST full Operating Year Name, title and address (Include Zip code) of person, firm or State Government Agency performing annual audits for the applicant HAROLD V. SIMPSON & CO. Certified Public Accountants 510 South Congress Austin, Texas• 78704 Area Code/Telephone (512) 476 -6781 roma ED -101 PWIP m - nl USCO,e,.DC -sut va-P7. C. Operating Statement: Swimming Pool Operations History Past Two Fiscal Years Projections 1972 19 73 1st Full Year 19 74 3rd Year 1975 5th Year 1976 IOth Year 19 77 • (1) REVENUE (Income) By Major Source Use Fees 1,548 2,084 2,850 3,500 4,300 5,000 • Misc. - TOTAL 1,548 2,084 2,850 3,500 4,300 5,000 (2) EXPENSE (Major) estimates ' Personnel Costs 600 1,000 1,100 1,300 1,500 1,700 Supplies 400 600 600 700 800 900 Operations & Maintenance 544 871 900 1 000 1,100 1,200 . TOTAL 1,544 2,471 2,600 3,000 3,400 3,800 (3) NET REVENUE (Before Debt Service) 4 387 250 500 900 1,200 (4) Existing Applicable Debt Service N/A N/A N/A N/A N/A N/A (5) NET RE \'ENUF. (Income to Finance Proposed Project) 0 0 r 0 V. LEGAL DATA 23. General: A. Exact legal name of Applicant • IS. Date of organization or incorporation CITY OF ROUND ROCK, TEXAS 1/ C. Specific chapter and section citations to any Constitutional, or statutory authority under which the Applicant was organized. Chapter 1, Title 28 V.A.T.C.S. (aldermanic) Art 11, Section 4 Constitution of TPXaC D. Has the Applicant a special charter? [J Yes No If yes, and if charter is set out in statutes or Constitution, give specific chapter and section citations. Municipality formed under laws governing General Law cities in Texas. If charter is not set out in statutes or Constitution attach a copy of such charter, together with a certificate from proper officer to the effect that such copy is a true, complete and accurate copy of the present charter including all amendments to date and identify as Exhibit 23D. 24. Legal Authorities : A. Specific chapter and section citations to Constitutional, statutory and charter authorities or court decisions empowering the Applicant to construct, finance, maintain and operate the proposed project in the manner contemplated in the Apple. cation. Chapter 4, Title 28, Art. 1015 et. seq. V.A.T.C.S. B. State whether an election is required to authorize construction of the project, or whether the right of referendum exists, with specific statutory citations therefor. No referendum is necessary to authorize construction of this project. This project has been authorized by City Council resolution. C. Mention briefly any franchises, approvals, permits, water rights, certificates of convenience and necessity, etc., exercis• able, obtained, or required to be obtained from Federal, State, municipal or other authorities relating to the construction, operation and maintenance of the project. Attach copies as exhibit 24C. Not Applicable; No approvals and /or permits are required. D. State the legal authority to use the funds for the intended purpose and whether there are any legal obstacles including litiga- tion, pending or threatened, which might affect the construction, financing or operation of the project. 4 Chapter 10, Title 28, Art. 1111 et. seq. V.A.T.C.S. E. State any rights of eminent domain or condemnation which can be exercised by applicant. City has right of eminent domain under Texas Law, Title 52 V.A.T.C.S. F. Will tbcr, be rrgula5mh by any public all thorny as to the proposed cliargcs? El Yes • ❑No If yes, state by whom, and cite extfic ConcStu tional, statutory h charter authority. Fees will be establish by the City as authorized under Texas Civil Statutes governing general law cities. I mw E0•101 PWIP ru•ru V -eu i va•n)] 25. Legal Matters Relating to Project Financing: A. (I) If any of the Loul Matching Funds (Im arc to be pfL�ed from funds already on hand, is there any restriction to using sand funds for this proteject? 20A) ❑ Yes LrNo id 1f yes, e xplain . No restrictions pertain. (2) If any of the Local Matching Funds (Item 20C) are to be provided from non - Federal grant sources, identify such sources and state if there arc restrictions to using said funds for this project. Not Applicable B. If applicant plans to finance any portion of this project through the issuance of bonds or other instruments of indebtedness, provide information on the following: (1) A definition of the security to be provided for proposed debt. Not Applicable (2) Statutory authority for the issuance of said bonds or instruments of indebtedness. Not Applicable (3) Statutory, limitations on the proposed bonds or instruments of indebtedness with respect to the following areas: (a) Maximum term• years (b) Maximum interest rate: %, or ['None (c) Maximum maturity requirements. principal ((d) Other pertinent limitations: • ff. Not Applicable row.t ED -101 PWIP 19-711 VSCOMM•DC•59195•P72 C. floe. a State agency have to dear or approve the proposed debt? ElYes ®No If yet, Identify the agency and briefly t'\plain itt Authority. State approval of local share financing is not required. • D. State whether an election is required to authorize the proposed indebtedness. LJYes No following: A referendum is not required. (1) The required for passage if yes, advise on the plurality When be held? (2) may such an . election ATTORNEY'S AFFIRMATION The undersigned attorney at law states: A. That he has been authorized by the above -named Applicant to review the foregoing application and, p (largish legal infperpiion Economic Development Administration to support the application of the Applicant, dated V / 1 � to the B. That the information supplied in Section V and in any exhibits and statements attached thereto is, in his opinion, complete, true, a d co et. Signed d . Attorney at Law October , 1973 \\.'^ , 1 1 1 (Date) Attorney's name and address (Include Zip code) (Please print or type) MR . TIM L. WRIGHT • McClain, Stump and Wright P. O. Box 286 Georgetown, Texas 78626 Area code /Telephone No. (512) 863 -5594 FORM ED -101 PWIP 19->I) -10- USC OMM•OC•Sal a3•P7a VI. CERTIFICATIONS AND COMPLIANCE 26. Resolution of Governing Body of Applicant RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE. UNITED STATES OF AMERICA, FOR A GRANT UNDER THE TERMS OF PUBLIC LAW 89 - 136 AS AMENDED WHEREAS, under the terms of Public Law 89 -136 as amended, the United States of America has authorized the making of grants to public bodies and private or public nonprofit organizations or associations to aid in financing the construction of specific projects: Now Therefore, Be It Resolved By CITY COUNCIL, CITY OF ROUND ROCK, TEXAS (Governing Board of Applicant) 1.That CITY MANAGER, JAMES HISLOP is hereby authorized to execute (Designated Official) and file an application on behalf of THE CITY OF ROUND ROCK, TEXAS (Exact Legal Corporate Name of Applicant) with the Economic Development Administration, U.S. Department of Commerce, for a grant to aid in financing the construction of (Brief Project Description) MUNICIPAL RECREATIONAL FACILITIES 2.That CITY MANAGER, JAMES HISLOP (Name of Authorized Representative) , is hereby authorized and directed to furnish such information as the (Title) Economic Development Administration, U.S. Department of Commerce, may reasonably request in connection with the applica- tion which is herein authorized to be filed. CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting CITY SECRETARY (Title of Officer) of the CITY OF ROUND ROCK, TEXAS does hereby certify: That the attached resolution is a (Exact Legal Corporate Name of Applicant) true and correct co.py of the resolution, authorizing the filing of application with the Economic Development Administration, U.S. Department of Commerce, as regularly adopted at a legally convened meeting of the CITY COUNCIL, CITY (Governing Body of Applicant) OF ROUND ROCK, TEXAS duly held on the day of OCTOBER 19 73 • and further that such resolution has been fully recorded in the journal of proceedings and records in my office. In Witness Whereof, I have hereunto set my hand this f day of OCTOBER 19 73 If the applicant has an official seal, impress here. • ----x / Signature of Recording Officer / CITY SECRETARY - Title of Recording Officer NOTE: If applicant is a non - governmental agency, attach as Exhibit 26,a list of the names of current corporate officers and directors, identifying their other major business affiliations, if any. FORM ED -101 PWIP 19.7,1 USCOMM•DC•59,99•P72 27. Certificate of Non.Rclocation, Form EII.501 - Complete and attach as Exhibit 27. 28. The applicant recognizes its responsibilities to cotnply with Title VI of the Civil Rights Act of 1064 (P. L. 88.352) as amended, the requirements imposed by or pursuant to regulations issued for the Department of Commerce and designated as Part 8 of Subtitle A of Title 15 of the Code of Federal Regulations and has executed the Form ED -503, which is attached as Exhibit 28. 29. The applicant hereby agrees to comply with provisions of the Davis -Bacon Act, as amended (40 U.S.C. 276a through 276e -5.) Such provisions include the payment of prevailing wage rates of the arca, as determined by the Secretary of Labor, to labor- ers and mechanics employed by contractors and subcontractors for all construction undertaken in connection with this project 30. Applicant must sign a Relocation Assistance Certificate (Form ED -168) to be provided by EDA. 31. Applicant, if special purpose unit of government, must provide statement as outlined in the instructions. Not Applicable Section 710(a) of the Public Works and Economic Development Act of 1965 as amended, provides that: "Whoever makes any statement knowing it to be false, or whoever wilfully overvalues any security, for the purpose of obtaining for himself or for any applicant any financial assistance under Section 101, 201, 202, or 403 or any extension thereof by renewal, deferment or action, or otherwise, or the acceptance, release, or substitution Of security therefor, or for the purpose of influencing in any way the action of the Secretary, or for the purpose of obtaining money, property, or anything of value, under this Act, shall be punished by a fine of not more than 110,000 or by imprisonment for not more than five years, or both." CERTIFICATION BY APPLICANT - Applicant hereby certifies that all information contained hereto is true and correct to his best knowledge and belief and is submitted for the purpose under the Public Works and Economic Development Act 0( 1965 as amended, for the project that the processing of this application will require the submission of additional data, statements, and other agencies of the Federal government to comply with administrative and statutory consummate any financial assistance approved by the EDA. In witness whereof, the applicant has caused this application to be duly executed in its name officer, its official seal (if one has been adopted) to be hereto affixed, and attested by its proper 17 th day of October 19 73 above of obtaining described requirements, by I It and in exhibits attached financial assistance above. It is understood and other information to EDA including documents to its undersigned duly authorized officer on this , li i ' Attest /�� / Ara 1 t• IL Exact Legal BY ia �_ R e Na e of • •pl cant ' am .. / .� S`- azure of Attesting Officer / - Signature of Author • 1 (oc • City Secretary City Manager, 111 Title of Attesting Officer Title of Authorized Officer Elizabeth Looby James Hislop Typewritten Name Typewritten Name 11 APPLICANT'S AUTHORIZED REPRESENTATIVE TO WHOM COMMUNICATIONS SHOULD BE ADDRESSED Signature of Authorized Representative Typewritten Name James Hislop Title City Manager Address (include Zip code) ' City of Round Rock • 214 East Main Street Round Rock, Texas 78664 Area code /Telephone No. (512) 255-3692 F081.1 E0.101 PWIF l9 -7n -12- U3COMM•DC•e9193•P7 FULFILLMENT OF PROGRAM REQUIREMENTS EXHIBIT 5A 1. How project will provide immediate work for unemployed persons in the area. The project will provide for the employment of approximately 15 semi - skilled and unskilled persons during a six month construction period. (See Exhibit 5B) 2. How project meets public need. The proposed project will provide needed employment in the community over at least a six months period. The project will also provide vital recreational facilities and related improvements in an area of the City having highest need. 3. Proportion of on -site labor costs to total project costs. Estimated labor costs $55,000 Total project costs $95,375 ' Labor costs to total project costs 58% 4. Time required to complete proposed project. a. Recruit and assemble work force and materials. Project approval to 45 days b. Construction Period Construction start - project approval + 30 days Project complete - 6 months Po NM ED -101 PWIP EXHIBIT 5B 1,., I I EXHIBIT 5B U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION ASSURANCE OF CONSTRUCTION JOB OPPORTUNITIES FOR THE UNEMPLOYED To be Executed by Applicants for Assurance for Expedited Public Works Projects under Amended Title 1 of the Public Works and Economic Development Act of 1971. Municipal Recreational Facilities Project Description • Project location Round Rock, Texas STATEMENT The undersigned recognizing the purpose of amended Title 1 of the Public Works and Economic Development Act of 1971 represents to the Economic Development Administration an assurance of immediate usefui'job opportunities for the unemployed /underemployed in the project area and a further assurance that he shall in all construction contracts insert a clause requiring the contractor and his subcontractor(s) to give preferential consideration for immediate useful employment to the unemployed and underemployed residing in the project area, in connection with the above identified project, and that the data submitted herein is correct. 'October 17, 1973 CITY OF ROUND • • TX. (Date) Br A. FOR OFFICIAL USE ONLY / (Signature) % Project No. City Manager State- County Code (Official Title) 214 East Main Street Round Rock, Texas 78664 (Address of Applicant) (512) 255 -3692 (Area code /Telephone Number) • -13- 1 ob or Job :stills . tLtst ay category) Proit,tt tt . i ,tintacctti No. No. o: of M.o.-Months ernplo>. es rt..;•:0,taLsit Tentrokt• Hiring Schcdu le (Month in C 471, struction) Unemployed/U. - t mploybd fro'. Prott,..1 Arco t 4 Ifircti on Pro,‘Lt Skt•ke L.4bor Proj. Supt. 1st month Foreman 1st month Hvy.Equip.( 1st month Mason 2nd month Carpenters 2nd month Concrete Finishers lin-tkilled Labor 1st month Pavers 5th month Drivers 1st month Laborers & Helpers oth,.. lf) ,-1 Varied ,-1 ,-I bt • 4conionri V.14 PA .l01 PWIP (REV. 7-731 -14- 5B APPL. TS ESTI! • : CO:457R JOB OPPORTGN:7:::: -":1:D BY THIS PROJECT USCON17.1-0C 23027:P74 COMPREHENSIVE PLANNING CONFORMANCE City of Round Rock, Texas EDA PWIP # EXHIBIT 8 Assurance is hereby given that the facilities proposed herein are in complete conformance with the identified needs and stated goals and policy objectives of the Regional Open Space and Recreation Plan prepared by the Capitol Area Planning Council (CAPCO) . STATEMENTS REGARDING AVAILABILITY OF PRIVATELY OWNED PUBLIC UTILITY FOR PROJECT AREA AND LOW INCOME AND MINORITY GROUP AREAS Certification is hereby made that there are no privately owned facilities available to the residents of the area proposed to be included in scope of work set forth in this application for EDA PWIP assistance. EXHIBIT 11 The areas designated on the project layout map as having pre- dominantly low income and minority group residents will be served by the project facilities as will all other sectors of the Round Rock community. These areas have been served by existing facilities for many years. D CECON INC. engineers - planners 8900 Shoal Creak Blvd. - Suite 310 - Austin, Texas 78758 - 512 / 454.0323 Mr. Jim Hislop City Manager City of Round Rock 214 East Main Street Round Rock, Texas 73664 Dear Jim: We propose to furnish engineering services as required for construction of a swimming pool and related facilities in the City of Round ;rock, Texas based on the following schedule: 1. Prepare construction plans and specifications. Fee to be based on a percentage of the construction cost (or estimated construction cost prior to bids) as sham by curve A on page 15 of the attacned 1970 Texas Society of Professional Engineers - Consulting Engineers Council General Engineering Services • Manual. Ninety (90 %) percent of fee to be paid monthly based on percentage of design work completed. Final 10% of basic fee to be paid in increments during construction as payment for limited periodic inspection. 2. Provide engineering surveys and staking for construction. • Payment to be made monthly based on 2.25 times salary cost plus 1.15 times non - salary items such.as stakes etc. If this proposal meets with your approval, please sign below and return one copy to us. Approved: Date: 13/17/73 TFC:cw Attachment October 16, 1973 Cordially, ly,� �� Tyea, Collins Su000uor to lei a o,t-Rrtt.r•EeoemrCauneo,ka EXHIBIT 14B ZIS GEN -47IHAT NGIN 1-4ERING SERV C [1- 1:J.1;111 " t,0)4 .7.1. 1 11 11! VIL'`; Ltht; IL/ 1 S'; "If,* -111 •• 0 • A Manual of Practice for Engaging the Services of a Consulting Engineer Price $1.50 Consulting Engineers Council of Texas San Jacinto Building, Suite 402 Austin, Texas 78701 Texas Society of Professional Engineers 503 San Jacinto Austin, Texas 78701 1972 INDEX Foreword . . . . . 2 SECTION 1 !, SELECTION OF CONSULTING ENGINEER General 3 Procedure . . . . 4 Priced Proposals 5 Contingency Work . . . . 6 Contracts and Compensation 6 Obligations 6 SECTION 2 CATEGORIES OF ENGINEERING SERVICES General 7 Services for Design Type Projects . . . . . . . . 7 Basic Services . . . . 8 Special Services . . . 10 Consultation & Reports 11 Ownership of Documents 12 SECTION 3 CHARGES FOR ENGINEERING SERVICES General . . . . . 13 Percentage of Construction Cost . 14 Reimbursable Methods 19 Lump Sum Charge . . . . . . 20 Other Methods 20 Interest on Delayed Payments 21 APPENDIX Code of Ethics . 22 Conformity to State Laws and Professional Codes . . 22 Definition of Terms 22 Check List of Contract Provisions . . . . 23 11 1 2 PURPOSE FOR O D Engineering, in its broader scope, is defined as the development and application of the physical laws and sciences for the advancement and protection of mankind. It is divided into many specialized branches and fields such as civil, electrical, me- chanical, chemical, petroleum, mining, structural and many others. The term "Engineer ", as used in this Manual, has particular application to Engi- neers practicing as consultants, and acknowledged to be skilled in their fields by education and by length and character of professional experience. The purpose of this Manual is to present accepted practices and suggested guide- lines for engaging the services of a Consulting Engineer. SCUPS The Manual is presented in three Sections: Section I Selection of a Consulting Engineer Section II Categories of Engineering Services Section III Charges for Engineering Services Appendix To simplify the format of the Manual, much of the narrative commentary and definition of terms has been placed in the Appendix; this material is to the text. IJSE ° >ANUAL The intention of this Manual should be clearly identified: (1) it is NOT an effort to set forth rigorous procedures, or hard - and -fast schedules of engineering charges: (2) it IS an attempt to describe a workable approach for the Client who wishes to retain a Consulting Engineer; and (3) it DOES present a basis for determining reasonable compensation for engineering services. It is to be understood that the data given hereinafter for engineering percentage fees, factors on payrolls, etc., are not to be considered as fired, or maximum, or minimum, but rather as general guides to be used or not used, in the sole discretion of each individual, to assist in the negotiation of agreements between Clients and Engineers. They provide a sound basis for determining reasonable compensation for engineering services, being composites of the experienced judgment of ntany engineers. AC6t N E'WLEDG'9ENTS In the preparation of this Manual, CEC- Texas, TSPE, and Texas Section -ASCE have relied on the collective judgment of their consulting engineer members, and have drawn heavily on the data presented in Manual No. 45, A Guide for the En- gagement of Engineering Services, published by the American Society of Civil Engi- gineers. In addition, it is wished to acknowledge as source material Tech Bulletin No. 253, of the Engineering Division of the American Road Builders As- sociation; the "State" manuals of various technical and professional societies were also reviewed in the course of preparing the manuscript. Selection of the Consulting Engineer GENERAL SECTION E The importance to the Client of choosing a qualified Consulting Engi- neer for a particular assignment cannot be overemphasized. Since the economic feasibility of an entire undertaking may well hinge on the capabilities of the Consulting Engineer, it goes without saying that tech- nical and professional qualifications should be the prime determinants in selecting a Consultant. As a basis for evaluating the qualifications of a Consulting Engineer, the following elements merit consideration: 1. Past experience of the Consulting Engineer in performing similar assignments for other Clients, and the over -all repu- tation of the firm. (He should be prepared to submit sup- porting references.) 2. Depth of experience of the Consulting Engineer and his staff in the particular field of engineering involved, which may often be highly specialized. 3. In the case of an extensive assignment, the existing man- power capacity of the Consulting Engineer's staff to com- plete the work within the time schedule required by the Client. 4. Location of the Consulting Engineer with respect to the general geographic area of the project; this consideration may be of significant importance on some projects, and of very little importance on others. 3 -4 5. Principals and other responsible members of the firm must not only be Registered Professional Engineers in their State of residence, but should also be qualified to obtain registra- tion in any State in which the services of the Consulting Engineer are required. PROCEDURE The following procedure is recommended to the Client who wishes to engage the services of a Consulting Engineer for a particular assign- ment: 1. Study engineering needs for the assignment in general terms, and outline the services needed from the Consultant. 2. On the basis of the information generally available, make a preliminary analysis of Consulting Engineers who appear to be capable of meeting the requirements of the assignment.* 3. Consider one or more Consulting Engineers who appear to be best qualified for the particular assignment. Write sepa- rate letters to each firm, describing briefly the nature of the assignment and inquiring as to the interest of the firm in per- forming the services involved. Upon receipt of an affirmative response, request the firm or firms to appear for separate personal interviews. In the case of design type projects, give the Consulting Engineer an opportunity to inspect the pro- posed site, explaining to them in more detail the engineering services required. At the interview, carefully review the tech- nical and professional qualifications and experience record of the firm, its capability to complete the work within the time schedule, and the specific key personnel who will be as- signed to the work. 4. Make a thorough check with recent Clients of the Consult- ing Engineer, and determine the quality of performance. Do not necessarily limit this check to references offered by the consulting firm. • 5. Rate the Consulting Engineers considered in the order of performance, and initiate negotiations with the first choice only. The Austin of /ices of CEC -Texas and TSPE will furnish f /re prospective Client with a list of consulting engineer members, with supporting information on the specific areas of practice of each firm. 6. From the Consulting Engineer selected as first choice, re- quest a proposal covering the scope of engineering services to be performed, and the basis of compensation. The reason- ableness of the proposed charges for the services offered may, in most instances, be verified by comparison with the guidelines presented in this Manual. • 7. If a mutually satisfactory agreement cannot be reached with the first Consulting Engineer selected, advise this firm that negotiations have been terminated. Negotiations should then be begun with another qualified Consulting Engineer, and this procedure should be continued until a suitable agree- ment has been reached. 8. When all engineering matters, and the charges therefor, have been agreed upon, the parties may draft a formal contract, embodying all conditions and charges, for execution by both parties. PRICED PROPOSALS The practice of engaging an Engineer on the basis of competitive bid- ding has long been considered a procedure that is not in the Client's best interest. It is acknowledged throughout the United States that the initial step in the engagement of an Engineer should be based upon professional quali- fications to perform the particular assignment —to be followed by nego- tiation of a mutually satisfactory basis of compensation. The following observations and facts relating to "priced proposals" are germane; they are endorsed by CEC- Texas, TSPE, and ASCE: 1. The Texas Legislature has held it unlawful for the State of Texas and /or any political subdivision therein to solicit priced proposals from design professionals. 2. Consulting Engineers should be engaged on the basis of their qualifications and experience, and their compensation should be based on negotiations. 3. Competitive bidding is not suitable for engineering work be- cause neither the quality nor quantity of engineering services can be neatly defined. 4. In public works, the Courts have held repeatedly that statutes and ordinances requiring competitive bidding do not apply to professional engineering services. 5 6 CONTINGENCY WORK CEC -Texas and TSPE also endorse the following quotation from ASCE Manual No. 45: "It is not in the best interest of the Client or the public for the Engineer to accept employment on a contingency basis. This does not refer to general discussions with the Client, but to such practices as preparing preliminary reports and estimates without charge, in the expectation of being retained if the project is undertaken: The danger inherent in such a practice, which re- quires a favorable recommendation for the project under in- vestigation by the Engineer as a condition of his compensation, is self-evident." CONTRACTS AND COMPENSATION In keeping with sound business practices, it is recommended that a writ- ten Agreement for Engineering Services between the Client and the Consulting Engineer be executed for every engineering assignment. A check list of essential contract provisions is included in the Appendix. The various methods of compensating Consulting Engineers are discus- sed in Section III of this Manual. OBLIGATIONS The Engineer will act in professional matters for each client as a faithful agent or trustee. As is true in all professions, the Engineer is obligated to apply his best efforts within the scope of his training and experience, but he cannot guarantee perfection or assume - financial responsibility for claims resulting from his work. The best efforts of the Engineer, and the greatest benefit to his clients and the public, will be obtained in an at- mosphere of mutual trust and appreciation, with adequate compensation for engineering services performed. Categories of Engineering Services GENERAL SECTION The engineering services performed by a Consulting Engineer can, for convenience, be grouped into two broad categories: (1) services for a design type project; and (2) consultation and reports. The scope of work involved for a design type project generally follows a conventional pattern, while other categories of service vary widely in nature and scope. The two basic categories are discussed separately in the para- graphs which follow. SERVICES FOR DESIGN TYPE PROJECTS The services rendered by Consulting Engineers for a design type project are usually divided into three distinct and sequential phases as follows: Preliminary Phase Preliminary studies, layouts, and cost esti- mates Design Phase Preparation of plans, specifications, and contract documents Construction Phase Owner's representative during construction Certain elements of the engineering work are covered under the Basic Services; others are performed as Special Services.* These groupings are expanded in the following outline. *Those elements of the engineering work which cannot be accurately predetermined, or controlled entirely by the Consulting Engineer, are preformed as Special Services. 7 8 (BASIC SERVICES) A. PRELIMINARY PHASE 1. Attend preliminary conference with the Owner and other interested parties regarding the Project. 2. Prepare a preliminary engineering study and report on the Project in sufficient detail to indicate generally the prob- lems involved and the alternate solutions available to the Owner, to include preliminary layouts, and cost estimates for the Project, and to set forth clearly the Engineer's rec- ommendations. 3. Furnish the Owner the required number of copies of the preliminary report, including preliminary layouts and cost estimates. B. DESIGN PHASE 1. Establish the scope of any soil and foundation investiga- tions or any special surveys and tests which, in the opinion of the Engineer, may be required for design; arrange for such work to be done, for the Owner's account. 2. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for ap- plications for routine permits by local, state, and federal authorities (as distinguished from detailed applications and supporting documents for government grants -in -aid, or for planning advances). 3. Prepare detailed specifications and contract drawings, in pencil on paper, for construction authorized by the Owner. 4. Prepare detailed cost estimates of authorized construction. The Engineer shall not be required to guarantee the ac- curacy of these estimates. S. Furnish to the Owner all necessary copies of approved plans, specifications, notices to bidders, and proposal forms: All sets of plans in excess of agreed number are to be paid for separately. C. CONSTRUCTION PHASE 1. Assist the Owner in the advertisements of the Project for bids. 2. Assist the Owner in the opening and tabulation of bids for construction of the Project, and consult with the Owner as to the proper action to be taken, based on the engineering considerations involved. 3. Assist in the preparation of formal Contract Documents for the contracts. 4. Make periodic visits to the site (as distinguished from the continuous services of a resident Project Representative) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in ac- cordance with the Contract Documents. In performing these services the Engineer will endeavor to protect the Owner against defects and deficiencies in the work of the contractor, but he cannot guarantee the per- formance of the contractor, nor be responsible for the actual supervision of construction operations or for the safety measures that the contractor takes or should take. 5. Consult and advise with the Owner; issue all instructions to the contractor requested by the Owner; and prepare rou- tine change orders as required. 6. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor submits. This review is for the benefit of the Owner and covers only general con- formance with the design concept of the Project and gen- eral compliance with the information given by the Contract Documents. It does not relieve the contractor of any re- sponsibility such as dimensions to be confirmed and cor- related at the job site, appropriate safety measures to pro- tect workers and the public, or the necessity -to construct a complete and workable facility in accordance with the Contract Documents. 7. Prepare or verify monthly and final estimates for p to contractors, and furnish to the Owner any necessary certifications as to payments to contractors and suppliers; assemble written guarantees which are required by the Contract Documents. 8. Conduct, in company with the Owner, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the contractors. 9. Revise contract drawings (unless redrawing is required), with the assistance of the resident Project Representative, to show the work as actually constructed. Furnish a set of prints of these revised drawings to the Owner. 9 .10 - (SPECIAL SERVICES *) 1. Field surveys to collect information required for design, including photogrammetry, and related office computa- tions and drafting. 2. Studies, tests, and process determination to establish basis of design for water and waste treatment facilities. 3. Services of a resident Project Representative, and other field personnel as required, for on- the -site observation of construction and for construction layout surveys. 4. Land surveys, and establishment of boundaries and monu- ments, and related office computations and drafting. 5. Preparation of property or easement descriptions. 6. Preparation of any special reports required for marketing of bonds. 7. Appearances before regulatory agencies. 8. Assistance to the Owner as an expert witness in any liti- gation with third parties, arising from the development or construction of the Project. 9. Special investigations involving detailed consideration of operation, maintenance and overhead expenses; prepara- tion of rate schedules; earnings and expense statements; special feasibility studies; appraisals; valuations; and ma- terial audits or inventories required for certification of force account construction performed by the Owner. 10. Soil and foundation investigations, including field and lab- oratory tests, borings, related engineering analyses, and recommendations. 11. Detailed mill, shop and /or laboratory inspection of ma- terials or equipment. 12. Travel and subsistence required of the Engineer and au- thorized by the Owner to points other than Owner's office and project site. 13. Additional copies of reports and specifications (over agreed number) and additional blue print copies of draw- ings (over agreed number). 14. Preparation of applications and supporting documents for government grants or planning advances for public works projects. 15. Preparation of environmental statements and assistance to owner in preparing for, and attending public hearings. 16. Plotting, computing, and filing plats of subdivisions; stak- ing of lots; and related land planning and partitioning functions. 17. Revision of contract drawings after a definite plan has been approved by the Owner; redrawing of plans to show work as actually constructed. 'Special Services are furnished directly by the Client, or by the Consulting Engineer, usually on the basis of salary cost times a multiplier. See Section III. CONSULTATION AND REPORTS The following is a partial listing of the types of services rendered by the Consulting Engineer in this broad category: 1. DIRECT PERSONAL SERVICE —these services are per- formed by individual consultants with specialized knowledge, rendered on either a full -time or a part -time basis. Such practice does not cover design type projects, nor does it include respon- sible inspection of such projects. Assistance in the preparation of legal proceedings, negotiation of contracts, appearances be- fore courts or commissions to state opinions and conclusions, and investigations of technical matters, are examples of such practice requiring engineering knowledge, experience and judg- ment. 2. PRELIMINARY AND FEASIBILITY INVESTIGA- TIONS, COST STUDIES, AND ECONOMIC COMPAR- ISONS —these specific consulting services may precede the au- thorization of a project, and may involve extensive investiga- tions, analyses of conditions, and comparisons of several pos- sible plans. Such studies may include operating costs, financing considerations, and expected revenue as bases for conclusions and recommendations regarding the advisability of undertaking a project. 3. PLANNING STUDIES —These services may cover the broad areas of developing master plans for long -range capital improvements programs; preparation of land development, city or regional plans; and the investigation of environmental con- ditions with subsequent planning to improve and maintain those conditions. Such planning often requires the coordination of the work of many special disciplines outside the field of engi- neering. 4. APPRAISALS, VALUATIONS, AND RATE STUDIES — these services may include investigations and analyses of con- ditions, capital and operating costs, overhead, financial costs, and revenues leading to property valuations or to recommenda- tions for the establishment of prospective rates. 5. ASSISTANCE IN FINANCIAL MATTERS —the Consult- ing Engineer may be called on to render advice to the Client, and to the financial counsel, as to sources of capital and revenue, and possible government assistance. He may estimate operating costs, fixed charges (interest and debt retirement), and probable income from the project. He may also act as responsible agent to certify that the terms and conditions of bond issues are carried out. 11 12 6. MANAGEMENT AND PRODUCTION ENGINEERING --these services comprise studies of management, production, labor relations, time studies, and similar activities that are car- ried out for the Client. 7. INSPECTION OR TESTING OF APPARATUS AND EQUIPMENT — these services may include tests of equipment and apparatus under established codes of practice. Included also are services for specialized inspection of apparatus or materials which may be used in industry and construction. 8. OPERATIONAL SERVICES —at the completion of con- struction, the Consulting Engineer may be involved with the start -up of operations on the project. He may recommend an efficient operating staff, recommend job classifications and salaries; organize the purchasing of supplies; prepare operation manuals; develop charts for recording input, output, and other necessary data; and, with his own forces, observe the operation of the project. 9. SOIL AND FOUNDATION INVESTIGATIONS* —this category includes a wide variety of studies which apply the specialized technique of Soil Mechanics and Foundation Engi- neering to particular problems. Services provided frequently in- clude performance of test borings and laboratory soil tests. OWNERSHIP OF DOCUMENTS Original documents, plans, design and survey notes represent the pro- duct of training, experience, and professional skill, and accordingly be- long to and remain the property of the Engineer who produced them, regardless of whether the instruments were copyrighted or whether the project for which they were prepared is executed. The Owner may at his expense retain reproducible copies of drawings and copies of other documents, in consideration of which there will be mutual agreement that the Owner will use them solely in connection with the project, and not for the purpose of making subsequent exten- sions or enlargements except with the express consent of the Engineer. Re -use for extensions of the original project or for new projects requires permission of the Engineer and entitles him to further compensation at a rate to be agreed upon by Client and Engineer. *See Foundation Engineering Services Manual, published by CEC•T and endorsed by TSPE. Charges for Engineering Services *See Section V of ASCE Manua( No. 45 for a discussion of this subject. SECTION GENERAL There are several generally accepted methods of compensating the Con- sulting Engineer for the services he performs. The most suitable basis of compensation in any given instance usually depends upon the nature of the particular assignment. It is quite often the case that a combination of two or more of the methods described in this Manual constitutes the most satisfactory approach. In recent years, there has been a trend toward utilizing (1) reimburs- able methods and (2) the lump sum basis of compensation. On the other hand, the traditional percentage of construction cost approach -(in some form) is properly employed for the design of many public works improvements. The objective of any of the several approaches is to arrive at a compen- sation which will permit the Consulting Engineer to serve his Clients with the degree of technical competence demanded by modern engineer- ing standards. The more common methods of charging for engineering services are presented separately in the paragraphs which follow. 1: 14 PERCENTAGE OF CONSTRUCTION COST* APPLICABILITY. Normally used for design type projects where there is a reasonable relationship between construction cost and the engineer- ing cost of design. The Basic Charge in percent covers those services described in Section II as the Basic Services. The Special Services for a design type project are usually furnished di- rectly by the Client, or by the Consulting Engineer, on the basis of salary cost times a multiplier. For the Special Services, the multiplier varies from 3.0 to 2.0. Direct non -labor costs for Special Services are reimbursed at invoice cost plus a nominal surcharge for handling. USE OF CURVES. The curves of median compensation which follow are a plot of the Basic Charge in percent versus the construction cost of the work authorized at one time by the Client. They represent median compensation; the appropriate compensation for any given assignment may vary above or below these curves, depending upon the relative com- plexity and various other factors. ** Curves A and B; page 15, are the current version of those prepared by the American Society of Civil Engineers for general engineering works, and reflect the composite experience and judgment of Consulting Engi- neers throughout the United States, as indicated by responses to a de- tailed questionnaire. Curve C. page 17, applies to project types which experience has demon- strated require relatively higher engineering cost per construction dollar. Alterations and changes to existing structures and facilities necessitate substantially more engineering services than new work. Basic compen- sation for alteration work should be increased by at least one -third above the median compensation illustrated by the curves. 'See Definition of Terms in the Appendix. * *See discussion of "Repetitive Structures" in ASCE Manual No. 45 NOTES: (1) When Construction Cost is under $50,000, use reimbursable basis of compensation. (2) Construction cost below is the work authorized at one time. However, where the work is to be accomplished in a number of separate construction contracts, then each such project element should be evaluated on an individual basis, with additional compensation to the Engineer. (3) The Basic Charge presented below represents median com- pensation. The appropriate compensation for any given assign- 14 13 12 11 10 9 e 7 6 5 4 001 See USE OF CURVES; page 14 And TYPICAL EXAMPLES; page 16 0.05 0 1 CONSTRUCTION COST 05 ment may vary above or below the curve, depending upon com- plexity. (4) Compensation for alteration work should be increased by at least one -third above the median compensation illustrated. (5) Curve A and Curve B are consistent with Curve A and Curve B in Manual 45, published by the American Society of Civil Engi- neers. New curves will be issued as subsequent revisions are published by ASCE. 1 5 MILLIONS OF DOLLARS 10 50 100 r Q r Fr 0 CB 0 C 0 m a cn a 0 o O CD Cn e+ 5. 1 16 Curve A is intended to apply to assignments of which the following are typical examples: Water, sewage and industrial waste treatment plants Low cost, or complicated, waterfront and marine terminal facilities Complicated dams and hydro -power installations Small bridges and bridges which are complicated by involved geo- metrics and unsymmetrical features, or which require location and /or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Water distribution lines under 16 -inch diameter Sanitary sewage collection lines under 24 -inch diameter Pumping stations Air pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains Sanitary sewage collection lines 24 -inch diameter and over Water distribution lines 16 -inch diameter and over Simple bridges and other structures of straightforward or conven- tional design Danis of average complexity Airport paving and grading Irrigation works, except pumping plants Railways Levees and flood walls, conventional Sewer and water tunnels (free air) Earthwork and dredging Highways and rural roads, except low -cost rural roads High -cost wharf facilities of conventional design Retaining walls and bulkheads, conventional NOTES: (1) When Construction Cost is under $50,000, use reimbursable basis of compensation. (2) Construction cost below is the work authorized at one time. However, where the work is to be accomplished in a number of separate construction contracts, then each such project element should be evaluated on an individual basis, with additional compensation to the Engineer. 14 13 12 11 1— z C 9 7 4 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 C See USE OF CURVES; page 14 And TYPICAL EXAMPLES; page 18 1 1 1 111111 1 1 1 1 1 1 1 1 1 1 .05 .1 CONSTRUCTION COST .2 .3 .4 .5 .6 .7 .8 .9 1. (3) The Basic Charge presented below represents median com- pensation. The appropriate compensation for any given assign- ment may vary above or below the curve, depending upon com- plexity. (4) Compensation for alteration work should be increased by at least one -third above the median compensation illustrated. MILLIONS OF DOLLARS 2. 3. 4. 5. 6. 7. 8. 9. 10. CD 0 CD ro CD 1. 0 18 Curve C is intended to apply to assignments of which the following are typical examples: Steam, gas turbine, or diesel power plants Incinerators, including air pollution control equipment Industrial plant facilities Mechanical and electrical facilities for buildings Industrial piping systems Process plants and refining plants Central air conditioning and heating plants Floodlighting and special lighting installations Electrical transmission, distribution and substations Refrigeration systems and plants Radio and television stations, towers, etc. ALLOCATION OF BASIC CHARGE. The Basic Charge in percent covers all three phases of service for a design type project. The follow- ing allocation of the Basic Charge generally applies: Preliminary and Design Phase 85 percent Construction Phase _ 15 percent Basic Charge 100 percent A definite allocation between the Preliminary Phase and the Design Phase cannot be rigorously established, since the Preliminary services required vary considerably from project to project. As a general rule, however, the Preliminary Phase constitutes from 10 to 40 percent of the total Basic Charge. For each separate phase, the percentage charge is applicable to the con- struction cost of the work handled in that phase. The construction cost amount may vary from one phase to the next, depending upon the work authorized by the Client. Similarly, the percentage charges from the curves are normally applicable to each construction contract for which separate designs and contract documents are to be prepared, or where different fields of construction are involved. PARTIAL PAYMENTS. Partial payments for the preliminary and design phases usually are made at monthly intervals, based on state- ments submitted by the Engineer. Partial payments in the construction phase are made monthly, usually on the basis of contractor's monthly estimates. Charges for special services usually are billed on a monthly basis. On small projects, the Engineer may prefer to bill upon comple- tion of each phase, or on some similar basis. REIMBURSABLE METHODS APPLICABILITY. Most commonly used for assignments where the exact scope of engineering work to be performed cannot be predeter- mined, or where the scope of services is likely to be modified during the course of the work. In addition, it is not an unusual practice to employ reimbursable methods of compensation for design type projects; for this type of application, the Consulting Engineer normally furnishes the Client a budget, and the work is accomplished by a series of appropria- tions. Partial payments are usually based on monthly billings. SALARY COST TIMES A MULTIPLIER, PLUS DIRECT NON - SALARY EXPENSES. The multiplier that is applied to salary cost* is a factor which compensates the Consulting Engineer for overhead,* plus a reasonable margin for contingencies, interest on investment capital, readiness -to- serve, and profit. The exact multiplier to be used in any case depends upon the size and complexity of the assignment, the proportionate use of key personnel, the organizational structure and ex- perience of the consulting firm, and other factors. For average conditions, the multiplier ranges from 3.0 to 2.0, with 2.5 times salary cost normally considered adequate. Non - salary expenses* (including subcontract expenses) are reimbursed by the Client at actual invoice cost plus an agreed service charge for handling. SCHEDULE OF REIMBURSABLE CHARGES. An alternative reim- bursable method preferred by some clients is an agreed schedule of re- imbursable charges, which lists the various classification of engineering, technical, and non - technical employees, and the hourly billing rate of each classification. Non -labor expenses are billed at invoice cost, plus a �t service charge for handling. - -� ` PER DIEM. Personal services are often charged on a per diem basis, a method particularly well suited to court work or similar assignments involving intermittent personal services. The Consulting Engineer is compensated for all the time he devotes to the work, including travel time; and he is reimbursed for travel, subsistence, and out -of- pocket expenses incurred while away from his home office. o- For services in court, or where the consulting Engineer appears as an expert, a per diem charge is considered to have been earned for each day of such appearance, even though the Consultant may not be called to testify or, if called, may complete his testimony in a fraction of the day. Per diem charges for Consulting Engineers should be commensurate with the nature of the assignment, and with the experience and profes- sional standing of the Consultant. Typical per diem charges are from $200 to $750 per day, or fraction thereof. .See Definition of Terms in Appendix. Salary cost, as defined, normally ranges between 125 percent and 135 percent of direct salaries. 19 20 LUMP SUM CHARGE APPLICABILITY. Now being commonly employed for a wide variety of engineering assignments, where it is possible to define with reasonable accuracy the scope of the work to be performed. THE LUMP SUM CHARGE. The Consulting Engineer ordinarily arrives at the lump sum charge to be proposed by (1) carefully review- ing the scope of services, and (2) estimating the man -hour requirements for the assignment. In some instances, the lump sum is determined by applying an appropriate percentage of the estimated construction cost of the project; this approach is justified only on design type projects of conventional characteristics. PROCEDURES. As in the case of all major assignments, partial pay- ments should be made to the Consulting Engineer at intervals (usually monthly), based on statements which reflect the percentage of work completed. For design assignments, there should be provisions for changes required after approval of preliminary designs, with a clear un- derstanding as to where final approval authority Lies.* OTHER METHODS THE COMBINATION APPROACH. Quite often the basis of compen- sation for a major engineering assignment involves a combination of the methods described in the preceding paragraphs. For design type pro- jects, the Preliminary Phase frequently embraces broader coverage than the project ultimately authorized for design; in addition, it is often dif- ficult to define clearly the scope of the Preliminary Phase. As a conse- quence, the lump sum or reimbursable method of compensation is em- ployed in many cases, with a corresponding adjustment to the Basic Charge, if the percentage -of- construction -cost method is subsequently used for the Design and Construction Phases. It is also common practice to modify the basic lump sum approach by combining this method with reimbursable features to cover elements of work which cannot be neatly defined at the outset. .See Definition of Terms in Appendix. . RETAINER. The employment of Consulting Engineers on a retainer basis is a common practice for Clients who wish to be assured of always having available the services of a certain consulting firm. This method is used in cases of protracted litigation, or for work over the years, when the calls on the Consulting Engineer may be intermittent. The amount of the retainer varies with the character and value of the services to the Client, and with the reputation and standing of the Con- sulting Engineer in his profession. Compensation may be based on a fixed sum, paid monthly, or on some other mutually agreeable basis, with per diem or hourly rates in addition for time spent at the request of the Client. COST, PLUS A FIXED PAYMENT. Less common, but equally effec- tive for certain assignments, is the method whereby the Consulting Engi- neer is reimbursed for the direct cost of all his services and supplies (salary cost, overhead, and non - salary expenses * *), plus an agreed fixed payment. This approach is sometimes employed for assignments where the Consulting Engineer must begin work before the cost and scope of the project can be accurately determined. The fixed payment usually ranges from 4 percent of the agreed -upon estimate of construc- tion cost for projects of small to moderate size to as low as 3 /4 of 1 per- cent on very large projects. A general statement of the scope of the work contemplated should be included in the Agreement for Engineering Services. INTEREST ON DELAYED PAYMENTS Payments not made within 30 days of invoice receipt are subject to an interest charge equal to the then current prime rate, beginning 30 days after invoice receipt. °Sec discussion of "Time Overruns" in ASCE Manua! No. 45. 11 See Definition of Terms in Appendix. 21 ∎c• - APPENDIX 22 • CODE OF ETHICS Member firms of Consulting Engineers Council of Texas, Inc. and members of the Texas Society of Professional Engineers subscribe to and agree to exemplify the following Code of Ethics: It shall be considered unprofessional and inconsistent with honorable and dignified bearing for any Professional Engineer: 1. To act for his client, or employer, in professional matters otherwise than as a faithful agent or trustee, or to accept any remuneration other than his stated recompense for services rendered. 2. To attempt to injure falsely or maliciously, directly or indirectly, the pro- fessional reputation, prospects, or business of anyone. 3. To attempt to supplant another Eneineer after definite steps have been taken toward his employment. 4. To compete with another Engineer for employment by the use of un- ethical practices. 5. To review the work of another Engineer for the same client, except with the knowledge of such Engineer, or unless the connection of such Engi- neer with the work has terminated. 6. To attempt to obtain technical services or assistance without fair and just compensation commensurate with the services rendered. 7. To advertise in self - laudatory language, or in any other manner deroga- tory to the dignity of the Profession. 8. To practice in any field of engineering in which the registrant is not pro- ficient. CONFORMITY TO STATE LAWS AND PROFESSIONAL CODES The Texas Engineering Registration Act has the protection of the public as its primary objective. This act requires the registration of Engineers who serve the t j public, and certain minimum standards of professional education and experience are required for such registration. Other states have similar registration statutes and the Consulting Engineer practices under the laws of the state in which the pro- ject is performed. In addition, he abides by any extensions in ethical codes which he may find in the engineering societies of the particular state in which the project is performed, at the same time maintaining strict compliance with the foregoing Code of Ethics. His relationships with other engineers and architects are guided by the Interprofessional Principles of Practice for Architects and Engineers. DEFINITION OF TERMS I. Construction Cost is defined as the total cost to the Owner for the execu- tion of the work authorized at one time and handled in each separate phase of engineering services, excluding charges or other cost for engineering and legal services, the cost of land, rights -of -way, legal and administrative ex- penses; but including the direct cost to the Owner of all construction con- tracts, items of construction, including labor, materials and equipment, re- quired for the completed work (including extras) and the total value at site of project of all labor, materials and equipment purchased or furnished directly by the Owner for the project. 2. Salary Cost is defined as the cost of salaries of engineers, draftsmen, sten- ographers, surveymen, clerks, laborers, etc., for time directly chargeable to the project, plus social security contributions, unemployment excise and pay- roll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable there- to. 3. Overhead Costs are those incurred by the Consulting Engineer in maintain- ing his place of business, his readiness -to- serve, his professional and civic responsibilities and clerical expenses. These include the following: cost of working quarters, maintenance of, and depreciation on, furniture, fixtures, equipment and technical library; salary expense of productive employees' time spent on general operations or in readiness -to- serve; salary expense of clerical, stenographic and accounting personnel; and that portion of the salary of principals and executives that is allocable to general supervision; bad debts; legal and accounting services; telephone and telegraph charges; and expense with professional and civic organizations. 4. Subcontract Expense is that incurred by the Consulting Engineer in em- ployment of consultants in specialized fields and outside firms for services in the nature of foundation borings and testing, aerial photography, and similar services. 5. Direct Non -labor Expense for any assignment is that incurred by the Con- sulting Engineer for supplies, transportation, equipment, travel, communica- tions, subsistence and lodging away from home, and similar incidentals in connection with that assignment. CHECK LIST OF CONTRACT PROVISIONS* The following check list contains the essential provisions to be considered in pre- paring any agreement for engineering services, whether executed in precise legal form or by exchange of letters: 1. Effective date of agreement. 2. Names and descriptions of the parties to the agreement with their ad- dresses and, in the case of a corporate body, the legal description of the incorporation. If the Client is a commission or public body, the authority under which it acts and the source of available funds should be identified. 3. Acknowledgment of the Engineer's visit to site of the project and inter- view with the Client. 4. Nature, extent, and character of the project, the location thereof, and the time limitations. - 5. Services to be rendered by the Consulting Engineer. (Include here the applicable services required, from Section II Classification of Engineering Services.) 6. Services to be rendered by the Client. (Include here applicable services required, from Section II Classification of Engineering Services.) 7. Statement that design drawings and specifications are instruments of service and remain the property of the Consulting' Engineer, unless specifically agreed to the contrary. 8. Provisions for the termination of the Engineer's services before final com- pletion of his work. 9. Compensation for services rendered by the Consulting Engineer, includ- ing times and methods of payments on account, interim payments, and final payment in full settlement (see Section V). 10. Provision for interest on delayed payments. 11. Additional compensation for redesign, after approval of preliminary plans, for change in scope of project, for delays causing expense to the Consulting Engineer, etc. 12. Time schedule for execution of engineering services. *This check list is taken from ASCE Manual No. 45, .4 Guide for the Engagement of Engi- neering Services. Also see Guide Form Agreement for Engineering Services. Public Improvements, published by CEC -T and TSPE, approved by Texas Municipal League. 23 EXHIBIT 17 STATEMENTS REGARDING ADMINISTRATION, OPERATIONS AND MAINTENANCE OF PROPOSED PROJECT The project will be administered overall by the City Manager. The City Secretary will assist in management and control of all fiscal affairs associated with the project. The City's Public Works Supervisor will oversee and direct the construction work and inspection activities. He will be assisted by a special project supervisor. Operations and maintenance of the recreational facilities constructed will be budgeted and accomplished as a part of the regular annual work program of the City's Parks and Recreation Board. EXHIBIT 18A PRELIMINARY EXPENSE Appuo.nu CITY OF ROUND ROCK, TEXAS Location (City, county, state) Round Rock, Williamson County, Texas Protect (Brief name of protect) Municipal Recreational Facilities Cost Detail Date of Expenditure Amount . NONE , (I/ more space is required, use lull sheets o/ paper approximately the same size as this page. Show exhibit number, name and location of applicant, and project name an each sheet.) FORM ED -101 PWIP 19 -711 -15- USCOMM- OC- 69193 -P72 FORM ED•101 PWIP 19.711 -16- USCOMM -DC -S 1 GS• P Apo.,.11lt CITY OF ROUND ROCK, TEXAS Location (City, county, stale) EXHIBIT 18C BREAKDOWN OF CONSTRUCTION COSTS Round Rock, Williamson County, Texas Project (Brie/ name e/ project) Municipal Recreational Facilities Item Estimated Cost L. Municipal Swimming Pool wading pool 75'x45' pool w/ 15'x25' approx. 250 CY reinforced concrete w/ Gunite seal $27,300 2. Pool Related Appurtenances , recirculation system (7pumps,l2inlets) filtration equipment (7filters,6skimmers) sterilization equipment deck equipment (ladders,boards,etc.) 12,500 3. Bathhouse, Control Office & Fixtures 44'4" x 22'8" bldg. 4 ea. toilets • 4 ea. showers 2 ea. lavoratory misc. fixtures 17,800 4. Access Road & Offstreet Parking 5,500 5. Landscaping 1,000 ___ 6. Site Grade Work 2 , 000 7. Fencing 2,000 • 8. Site Drainage 1,650 ' 9. Lighting . 12 fixtures and standards 5,000 10. Plumbing & Electrical Costs 8,500 TOTAL ESTIMATED COSTS $83,250 (11 more spare is required, use /alt sheets o/ paper approximately t!e same size as this page, Show exit bit number, name and location n/ appiar ant, and project name on earb sheet.) FORM ED•101 PWIP 19.711 -16- USCOMM -DC -S 1 GS• P EXHIBIT 18•D MACHINERY AND EQUIPMENT DETAIL Applicant CITY OF ROUND ROCK, TEXAS Location (City, county. .state) Round Rock, Williamson County, Texas Project (Breef name o/ project) Municipal Recreational Facilities Item Amount NONE • • (1/ more space is required, use /ull sheets of paper approximately the same size as this page. Show exhibit number. name and lo- cation of applicant. and project name on each sheet.) FORM ED -101 PWIP taa -17- US CO,.OA•DC -S9 1 93 -P vow. ED -101 PWIP t9.711 EXHIBIT - 18K RELOCATION ASSISTANCE This exhibit will be completed and attached to Application if any relocation of persons. businesses or farms will result from the project. Not Applicable A. Number of relocations: Number of families that will be relocated Number of businesses to be relocated Number of farms that will be relocated B. Relocation Costs: Estimated cost of relocating families Estimated cost of relocating businesses Estimated cost of relocating farms Estimated cost of providing relocation assistance advisory service TOTAL Relocation Costs. (enter this amount in Item f SIC, Section IV of the application for EDA assistance) $ 18 USCOMM -0C- 69193 -P72 RESOLUTION THAT THE STATE OR POLITICAL SUBDIVISION HAS EXHAUSTED ITS EFFECTIVE TAXING AND BORROWING CAPACITY Not Applicable WHEREAS, under the terms of Public Law 89 -136 as amended, the Secretary of Commerce is authorized to reduce the non - Federal share below 20 per centum or to waive the non - Federal share in the case where it is deter- mined that a State or political subdivision has exhausted its effective taxing and borrowing capacity. Now Therefore, Be It Resolved By (Governing Board of Applicant) That is hereby authorized to execute this resolution and Exhibit (Designated Official) 195(1) on behalf of and submit to (Exact Legal Nome of Applicant) the Economic Development Administration, U. S. Department of Commerce. The undersigned duly qualified and acting (Title of Officer) of the does hereby certify: That the attached resolution is a true and (Exact Legal Name of Applicant) correct copy of the certification of exhaustion of effective taxing and borrowing capacity, and authorizes the filing with the Economic Development Administration, U. S. Department of Commerce, adopted at a legally convened meeting of the duly held on the day of (Governing Body of Applicant) 19 ; and further that such resolution has been fully recorded in the journal of proceedings and records in my office. _ In Witness Whereof, I have hereunto set my hand this If the applicant has an official seal, impress here. EXHIBIT 19B CERTIFICATE OF RECORDING OFFICER day of 19 . (Signature of Recording Officer) (Title of Recording Officer) FORM ED -101 PWIP (o -r11 -19- (U SCOMM -O C- 50109 -P72 EXHIBIT 198 (1) CERTIFICATION THAT THE STATE OR POLITICAL SUBDIVISION HAS EXHAUSTED ITS EFFECTIVE TAXING AND BORROWING CAPACITY Tax and Borrowing Capacity Obligation Data: A. Legal Borrowing Capacity (1) Legal debt limit (describe base) (2) Outstanding debt (as of 19,._) chargeable against debt limit f (3) Capital Improvement programs approved by referendum for which bonds have not been issued (as of 19 ) f (4) Unused borrowing capacity (as of 19 ) (subtract sub -items (2) and (3) from sub -item (1) f B. Tax Data (Fiscal Year begins the day of the month of ) (1) Total Assessed valuation f f (2) Ratio of assessed to actual valuation (3) Legal limit for sub -item B(2) (4) Tax rate per 1 100 of assessed valuation (5) Legal 18mit for sub -item B(4) (6) Tax collection ratio as percent of billings 19 Not Applicable Fiscal Years Current Previous Two years beginning Year previous 19 19 FORM ED -101 PWIP 49.711 -20- USCOMM.DC•5919a-P72 C. General Tao Increases: What is the maximum feasible amount, in terms of electorate approval, of the increase in the tax rate and /or the ratio of assessed to actual property valuation? Answer the following: (1) The tax rate per each S100 of assessed valuation could be increased from S (present) to not more than $ (2) The valuation of assessed property value to actual could be increased from % (present) to not more than % D. Special Assessments. Are special assessments against certain property holders made? ❑Yes ❑ No If yes, state the expected additional tax revenue and explain how this revenue is calculated. • Will this special assessment tax be supported with a general tax pledge? ❑ Yes ❑ No E. Operational Results for past three fiscal years: Fiscal Year Beginning 19 19 - ' ' • 19• (1) Cash balance (or deficit) from S S S previous year • (2) Cash balance (or deficit) at end of • S S S year (3) Upaid bills at end of year S S S (4) Attach financial statements or audit for the past three years and mark Exhibit 19B(2) Signature of Recording Officer Signature of an independent auditor and /or attorney FORM ED -101 PWIP t9 -r 11 -21- USCOMM- DC- 00193-P72 FORM ED•501 (7 - 70) U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION Project Municipal Re creational Facilities (Nature of Project) I certify that I am October 17, 1973 (Date) CERTIFICATE OF NON - RELOCATION To be Executed by Applicants for Direct Grants or Supplementary Grants Under Title I and for Public Works and Development Facility Loans Under Title II, Sec. 201. Note -- The Public Works and Economic Development Act of 1965 prohibits EDA from making loans or grants which will have the effect of assisting an employer in moving jobs from one area to another. An expansion of an exist- ing business to a new location may be assisted if such an expansion will not cause unemployment in other areas where the business conducts operations, or will not enable contractors or subcontractors to undertake contracts or subcontracts heretofore performed elsewhere, the performance of which would result in an increase of unemploy- ment at the previous location of such work. Execution of the following Certificate is necessary for EDA to deter- mine the eligibility of the subject project in this regard. City Manager (Official Title) and that the above named Public Works and Development facility project is not undertaken for the purpose of serv- ing an industrial and commercial enterprise which has relocated its operations into the area during the past 24 months or for the purpose of assisting, soliciting or otherwise encouraging the relocation of any industrial or com- mercial enterprise, and that the applicant is not presently negotiating with an industrial or commercial enterprise which intends to relocate or to curtail its operations in another location with the intention of utilizing the above named facility when it is constructed. In the event that . fter the date of execution of this Certificate and prior to final disbursement, an agreement is reached between t e applicant and any industrial or comme '•1 enterprise to use the Development facility, the applicant will notify DA of such agreement an submit the ame or names ofthe enterprise involved. II For EXHIBIT 27 Budget Bureau Approval Not Required Round Rock, Texas (Location) CITY OF ROUND ROCK, TEXAS (Applicant) Signe a and Tltlq) James Hislop City Manager CITY OP BOUD1n pony, TEXAS (Applicant) Note - Section 710(a) of the Public Works and Economic Development Act of 1965 provides that: "Whoever makes any statement knowing it to be false, or whoever willfully overvalues any security, for the purpose of obtaining for himself or for any applicant any financial assistance under Section 101, 201, 202, or 403 or any extension thereof by renewal, deferment or action, or otherwise, or the acceptance, release, or substitution of security therefor or for the purpose of influencing in any way the action of the Secretary, or for the purpose of obtaining money, prop- erty, or anything of value, under this Act, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both." USCOMM•OC 69093•P71 STATEMENT ON NON- RELOCATION All programs and benefits under the Public Works and Economic Development Act, including Loans, grants, techni- cal assistance, and training will be administered with strict adherence to the policy of denying assistance to busi- nesses which are seeking to relocate or which relocated in the recent past. Section 2, the Declaration of Purpose of thePublic Works and Economic Development Act states that under thepro- visions of this Act new employment opportunities should be created by developing and expanding new and existing facilities and resources rather than by merely transferring jobs from one area of the United States to another. Section 202 (bx1) of the Public Works and Economic Development Act Provides that EDA financial assistance shall not be extended to assist (1) industrial or commercial establishments relocating from one area to another, (2) expansions which would result in unemployment in any area where the business entity involved conducts its operations or (3) contractors or subcontractors whose purpose it is to seek the transfer of contract work presently performed at another location. It is the policy of EDA to construe the general prohibition against relocation in Section 2 as applicable to all sec- tions of the Act. The specific language in Section 202 (b)(1) provides further guidance to EDA in carrying out the policy of Section 2 and is used by EDA as a guide in rendering assistance under other sections of the Act. Appli- cants for development facility loans and grants or for supplementary grants must therefore assure EDA, prior to re- ceiving financial assistance, that they are not constructing the facilities for the purpose of serving a relocated business firm, that they are not then negotiating•with a relocating firm, and that they haveno intention of using the project to induce industries to relocate into their areas. Similar assurances will be required from industrial and commercial users of development facilities if such facilities are constructed primarily or substantially for their use. It is not always easy to identify what constitutes the relocation of a business enterprise and its associated jobs. In some instances the movement of machinery and equipment may in practical effect be the movement of the busi- ness enterprise. In other instances the business enterprise is more appropriately identified and characterized by a trade name, customer lists, and other intangible assets. EDA will carefully examine all transfers of ownership, liquidations and curtailment of operations which bear any relationship to the proposed establishment of a new en- terprise. In all cases, the controlling consideration will be whether the effect is the relocation of jobs from one area to another. Ordinarily the phrase "from one area to another" as used in connection with relocations means from one labor area to another. Nevertheless, EDA will consider in evaluating a project any adverse effects which may indirect- ly result from a relocation ever though the new location may be wholly within the boundaries of the same labor area or the same redevelopment area or district. The limitation on assisting in relocations is applied both to prospective moves and those made in the recent past. For instance, EDA will not assist a relocated industry in a new location even though the withdrawal or Curtailment of employment at the previous place of business was substantially completed at the time of the request for assist- ance from EDA. Any such earlier relocation, a part of which was carried out within 24 months prior to an appli- cation for EDA assistance, shall be subject to the rebuttable presumption that the EDA assistance requested is causally related to the relocation. EDA can assist in true expansions through the establishment of new branches, affiliates, or subsidianies,provided that such expansion will be carried out and operated without increasing unemployment at other places of business of the enterprise. To give effect to this limitation, EDA will inquire into the undertakings and operations of affil- iated enterprises or enterprises under common control with the particular business which is to be benefited by the proposed project. In considering whether a proposed expansion will result in an increase in unemployment at other facilities of a business enterprise, EDA will consider, among other things, traditional as well as current •operating levels of employment, changes in demand for worker skills at the existing facilities, changes in capital investment ar the existing facilities, and any relationship the proposed expansion may have upon the future prospects for operation of such existing facilities. FORM ED -501 17-70) USCOMM -DC 55043 -P71 A. MINORITY COMMUNITY LEADERS Name 1. Garfield McConoco 2. Tom Lopez 3. Ben Salazar 4. Joe Lee Johnson 5. Delfino Bryan EXHIBIT 28A Organization Phone No. City Council (512) 255 -3692 City Council (512) 255 -3692 Almstad Club (512) 255 3965 Library Board (512) 255 3402 Library Board (512) 255 3922 B. INFORMATION CONTACT For additional information regarding this project, contact: City Manager James Hislop, (512) 255 -3692 . Im., CD 143 U.S. DEPARTMLNT OF COMMI RCE 1 t:V..721 ECONOMIC DEVELOPMENT AOMINI.TRATION ASSURANCES OF COMPLIANCE WITH THE DEPARTMENT OF COMMERCE REGULATIONS UNDER TITLE VI OF THE CIVIL RIGHTS ACT Of. 1964 EXfiZSIT E8 aenn.r. Nano. of Prop. �t Municipal Recreational Facilities City and State Round Rock. Texas Project No. EDA — PWIP # CITY OF ROUND ROCK, TEXAS (hereinafter called the "Recipient ") hereby warrants, covenants, agrees., Nome of Recipient assures, and undertakes that as a recipient of Federal financial assistance from the Economic Development Administra- tion, for the project above identified, it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), the requirements imposed by or pursuant to Regulations, issued for the Department of Commerce and designated as Part 8 of Subtitle A of Title 15 of the Code of Federal Regulations, a copy of which is attached hereto, to the end that no person in the United States shall on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the Recipient receives Federal financial assistance from EDA; and hereby further gives assurance that it will immediately take any measures necessary to effectuate this agreement. • In accord with such assurances, and without limiting the above, the Recipient agrees: 1. That it will not engage in the discrimination prohibited in subparagraph (1), (2), or (3) of Section 8.6(b) of the De- partment's Regulations as applicable to its program, and in any prohibited act or course of conduct with respect thereto as further described in Section 8.4 of the Department's Regulations. 2. That as to employment practices it will take the actions specified in Section 8.5(6)(2) of the Department's Regula- tions. 3. That it recognizes its obligation for compliance with Title VI and the Regulations extends not only to its direct activities but also in accord with Section 8.5(b)(4) of said Regulations to assure that, where applicable, the con- tractors, subcontractors, suppliers, lessees, and other parties directly participating in the Recipient's project will comply with Title VI and the Regulations with respect to such project. To that end, the Recipient agrees; (a) that it will obtain as part of its contractual arrangements with such parties, as a minimum form of assurance, their agree- ment in writing that such parties, their assignees and successors, "during and in connection with the associated agreement relating to the Federally assisted program, (i) will comply, to the extent applicable, as contractors, subcontractors, lessees, suppliers, or in any other capacity, with the applicable provisions of the Regulations of the United States Depart- ment of Commerce (Part 8 of Subtitle A of Title 15 of the Code of Federal not the Regulations) ) issued ar suant to Title VI of the Civil Rights Act of 1964 (P.L. 88-352), against any person on the ground of race, color, or national origin in their employment practices, in any of their own contractual arrangements, in all services or accommodations which they offer to the public, and in any of their other business operations, (ii) they will provide the information re- quired by or pursuant to said Regulations to ascertain compliance with the Regulations and these assurances, and (iii) their noncompliance with the nondiscrimination requirements of said Regula- tions and these assurances shall constitute a breach of their contractual arrangements with the Re- cipient whereby said arrangements may be cancelled, terminated or suspended in whole or in part or may be subject to enforcement otherwise by appropriate legal proceedings "; (b) that it will secure the compliance, and assist and cooperate actively with EDA in obtaining and enforcing the compliance, of said contracting parties with the nondiscrimination required by the.Act and Regulations and their respective contractual arrangements, and in the event the Recipient becomes involved in litigation with a non- complying party, it may request EDA to enter into such litigation to protect the interests of the United States in the enforcement of these obligations; and (c) it will obtain and furnish to the Assistant Secretary for Economic Development such information as he may require for the supervision or securing of such compliance. 4. That where the Recipient is an institution referred to in Section 8.5(6x9) of the Department's Regulations, the pro- visions of that Section will be applicable to the Recipient's program. Page 1 (Over) 09COMM -OC 901611-P73 5. That where EDA's financial assistance to the Recipient is to provide: (a) real property or structures thereon, the Recipient's assurances shall be in effect for the period during which the real property or structures are used for a purpose for which the assistance is extended or for another purpose involving the provision of similar•services or benefits; (b) personal property, the assurances shall be in effect for so long as the recipient retains ownership or possession of the property, but in any event the time shall not be Less than the term of the loan and any exten- sions thereof, and (c) any other type or form of assistance, the assurances shall be in effect for the duration of the period during which the assistance is extended to the program. 6. That any failure by the Recipient to comply with these assurances shall constitute a breach of the agreement under which the Recipient receives financial assistance from EDA, that in such case of breach the Government may re- fuse to make further disbursements under said agreement, may accelerate the maturity of the Recipient's financial obligations to the Department, and may take any other enforcement or remedial action or remedies provided in the Act and the Department's Regulations or otherwise by law, which action shall be severable and cumulative; and that the enforcement by the Government of one or more rights shall not be prejudicial to its right to obtain judicial relief and /or take any other action available under the Act, Regulations, and Recipient's agreements with the De- partment. 7. That these assurances shall be binding upon the Recipient, itsgrantees, assignees, transferees, lessees, and suc- cessors in interest. The Recipient acknowledges that it has received and read the Department's Regulations. This assurance is made and accepted this 17th day of October 1973 , in Round Rock TexaS CITY OF ROUND ROCK, TEXAS (Recipient) 214 East Main Street Round Rock, cferc7g 78664 (512) 255 3692 (Telephone No.) //Elizabeth Looby , as Secretary of By James Hislo • ( ype name) C it anaee tore) (s e xxxxxxxxxxx )orxxicx)ctxxxxxxxxx)ocxxxxxxxx Inc., a corporation organized and existing by virtue of the laws of the State of or as XXXXXXXXXXXXXXXXX of the State of XXXXXXXXXXXXXXXXXXXXX i or as City SrX Authorized State Official A O ret� of the county or municipality of ROUND ROCK - in the State of TFXAS do hereby certify that the foregoing officer who executed this assurance has full authority to bind the Recipient. In witness whereof I set my hand and affix the corporate, state, or municipal seal this 17th day of October , 19 73 . (SEAL) FORM EO.,a, (REV. 9.72) Page 2 X(XXXXXXXXXXX)O (X)O(XXX . 50 ��7 rotary or other Official) USCOMM•OC SOlee•t 79 UNITED STATES DEPARTMENT OF COMMERCE Economic Development Administration ADDENDUM To Form ED -503, Assurances of Compliance with the Department of Commerce Regulations Under Title VI of the Civil Rights Act of 1964; and To Form ED -503A, Assurances of Compliance with the Department of Commerce Regulations Under Title VI of the Rights Act of 1964 to be Executed by Substantial and Direct Beneficiaries of EDA Public Works and Technical. Assistance. 1. The reference in numbered paragraph 1. to "Sections 8.4 and 8.6(b)(1) (2) and (3)" is deleted and the following reference substituted in lieu thereof: Sections 8.4 and 8.6(a) ". 2. The reference in numbered paragraph 4. to "Section 8.5(b)(9) is deleted and the following reference substituted in lieu thereof: "Section 8.5(b)(10) ". 3. By execution of Forms ED - 503 and 503A, Substantial and Direct Bene- ficiaries and Recipients further agree to comply with the provisions of Section 112 of Public Law 92 - 65, Public Works and Economic Development Act Amendments of 1971, which states that: "No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination.under any program or activity receiving Federal financial assist- ance under the Public Works and Economic Development Act of 1965." September 1973 . (NOTE: This addendum is to be attached to Forms ED - 503 and ED- 503A.) FORM ED -168 (REV. 373) U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION Name of Applicant City, County, State Project Description CITY OF ROUND ROCK, TEXAS Round Rock, Williamson County, Texas Municipal Recreational Facilities RELOCATION AND LAND ACQUISITION CERTIFICATE To be completed by an applicant for financial assistance from the Economic Development Administration (EDA), which applicant is a "State agency ". as defined by section 101(3) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) and section 310.2(a) of the regulations issued thereunder by EDA (38 Federal Register 2293, January 23, 1973). If the response to any question in Part A is in the affirmative, Parts B and C must be completed. October 17, 1973 Date PART A. CERTIFICATION BY APPLICANT State the approximate date of acquisition and/or +ts.lacement mentioned in numbers 1 and Authorized Representanve o James Hislop City Manager EXHIT OMIS Number 41.11(2 30 Approval Expires June 30,1973 Pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( "Uniform Act ") and the regulations issued thereunder b the Economic Development Administration, • the CITY OF ROUND ROCK, TEXAS an applicant for financial assistance from the Economic Development Administration, hereby certifies: 0 Yes ® No 1. One or more interests in real property, including options, rights or easements, have been acquired in connection with the above identified project since the effective date of the Uniform Act in this State. (The response should be affirmative if the real property acquired was intended for this project.) (Indicate below the approximate date of such acquisition.) ® Yes ❑ No 2. One or more interests in real property, including options, rights - - way, or easements, will be acquired in connection with the above identified project. ❑ Yes ® No 3. One or more persons, businesses, or farm operations have been displaced in connection with the above identified project since the effective date of the Uniform Act in this State. (Indicate below the approximate date of such displacement.) ❑ Yes ® No 4. One or more persons, businesses, or farm operations will be displaced in connection with the above identified project. • licant USCOMM -DC 30452 P73 PART B. OPINION OF ATTORNEY I Tim L. Wright , attorney for the above named applicant, located in thc State of Texas ,do hereby certify that the applicant is legally able to fully comply with the requiretnents of thc Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) ( "Uniform Act ") and the regulations issued pursuant thereto by the , Economic Development Administration in regard to the acquisition of real property and /or displacement of persons, businesses or farms indicated in Part A above, and that the applicant has been able to fully comply in regard to said - acquisition and /or displacement since January 2 , 197 1 , the effective date of the Uniform Act in said State. • October 17 , 1973 Date FORM ED -168 (REV. 3 -73) PART C. CALCULATION OF ESTIMATED RELOCATION AND LAND ACQUISITION EXPENSES Complete Section I below if the response to questions 1 and /or 2 of Part A was in the affirmative. Complete Section II below if the response to questions 3 and /or 4 of Part A was in the affirmative. References below are to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646). I. LAND ACQUISITION — ESTIMATES Number of Land Transactions Involved (including options, easements and rights-of-way) Recording fees, transfer taxes and similar expenses — section 303(1) Penalty costs — section 303(2) Real Property taxes— section 303(3) • Litigation expenses— section 304(a) I1. RELOCATION — ESTIMATES TENANTS — Estimates Number of Claims Moving Expenses "Actual expenses " — section 202(a)(1) In Iicu payments— section 202(b) Replacement housing payments Rental payments— section 204(1) Downpayment payments— section 204(2) NOT APPLICABLE ESTIMATED LAND ACQUISITION TOTAL $ TOTAL $ TOTAL $ ESTIMATED TENANTS TOTAL $ t1SCOMM -DC 30452 P73 J OWNER - OCCUPANTS — Estimates Number of Claims NOT APPLICABLE Moving expenses "Actual" ex penses—section 202(a)(1) In lieu payments— section 202(b) Replacement housing payments Purchase payments — section 203(x)(1) Reasonable replacement costs — section 203(a)(1)(A) Increased interest costs — section 203(2)(1)(B) Closing costs — section 203(a) (1) (C) Rental payments— section 204(1) Downpayment payments — section 204(2) BUSINESS — Estimates Number of Claims ESTIMATED OWNER TOTAL $ Moving expenses "Actual" expenses— section 202(a)(1) "Actual" loss of tangible personal property — section 202(a)(2) "Actual" searching expenses— section 202(a)(3) In lieu payments — section 202(c) NONPROFIT ORGANIZATIONS — Estimates Number of Claims ESTIMATED BUSINESS TOTAL $ Moving expenses "Actual" expenses— section 202(a)(1) "Actual" loss of tangible personal property— section 202(2)(2) "Actual" searching expenses — section 202(2)(3) In lieu payments— section 202(c) TOTAL $ TOTAL $ ESTIMATED NONPROFIT ORGANIZATIONS TOTAL $ FORM ED -168 (REV. 3 -73) USCOMM -DC 30452 P73 FARM OPERATIONS -- Estimates Number of Claims NOT APPLICABLE Moving expenses "Actual" expenses — section 202(x)(1) "Actual" loss of tangible personal property— section 202(x)(2) "Actual" searching expenses— section 202(a)(3) In lieu payments— section 202(c) ESTIMATED FARM OPERATIONS TOTAL $ TOTAL ESTIMATED MOVING EXPENSES AND REPLACEMENT HOUSING $ ADVISORY SERVICES — Estimates Expenses of grantee/borrower— section 205 ADMINISTRATION — Estimates Contracting with individual, firm, association, or corporation— section 212 Agreement with Federal or State governmental agency or instrumentality— section 212 ESTIMATED ADVISORY SERVICES TOTAL $ ESTIMATED ADMINISTRATION TOTAL $ * * *' • Include in con of land, structures, and rights.of- -way in line 3, section B, Part 111 of the Application, whenever applicable. • Enter on line 9, section B, Part 111 of the Application, whenever applicable. • Enter on line 8, section B, Part I11 of the Application, whenever applicable. • ` Include in administration expense in line 1, section B, Part 111 of the Application, whenever applicable, and enter on line 7a of Exhibit 13-1. FORM ED -168 (REV. 3 -73) ..I- USCOMM -DC 30452 P73 * * • 1. Area Designation Requested under Section 401 (a)(6) on basis indicated below (select and support one:or more): PU613 0 rooms 1 rirAc p,:OJEcr . _(1l i'L 011l')JN FOR DOCUEENT' TO ES7'AR1.1S11 AREA i•ii Gl ; \I sl:c!_iii;� 401.(1Z(G) A. large concentration of low income persons. Percent 23.2 7• 8. Rural area having substairtial oirtmigration 1960 - 19%0. • Percent N/A C. Substantial uim mploymcnt. Percent N/A D. Actual or threatened abrupt rise in unemployment due to closing or curtailment of a major source of employment. • • Number of jobs lost or to be lost N/A Name of facility closing Time facility to close 2. Boundary of area to be designated. (Attach neap) SEE ATTACHED MAP 3. Attach or incorporate by reference the planning document with which the project is consistent. City -of Round Rock Comprehensive Plan 1968 - 1993 • Note: Source of data is required. If other than from official publication or authoritative communication, substantiation must be pro- vided. SOURCE OF DATA: This Computation is vased on U.S. Census Data ot`h Count Tapes) obtained from the Capitol Area Plapning Council (CAPCO). Please note attached • information. Ir ( 19 r BOUNDARIES OF AREAS TO BE DESI1NATED '1. -", \..— '7 • --2, ..--,., 4 c o 7 LIGIND SINOtf FAMILY RESIDENTIAL MULII•FAMILY RESIDENTIAL COMMERCIAL SCHOOL PUCLIC & SEMI PUBLIC LIGHT INDUSTRY HEAVY INLIUSI TY ROL1:43 UZE THU PLANNINO AND 1LPClND LLICLAL.1.201( OIS BY: FAMILYMINCOME UNDER $1,000 (INCLUDES $1 -$999, NONE, AND LOSS). 1 1,000 - $1, $ 2,000 -$ 2,999 $ 3,000 -$ 3,999 * $ 4,000 -$ 4,999 $ 5,000 -$ 5,999 3 6,000-$ 6,999 e, 1 7,000 - $ 7,999 0 0 C TRANSPORT 0 LABORERS, EXCEPT FARM 0 FARM WORKERS 0 SERVICE WORKERS, EXCEPT PRIVATE HOUSEHOLD PRIVATE HH. WORKERS LAST WORKED 1959 OR EARLIER j or rm GOVERNOR, OFFICE OF INFORMATION SERVICES k ji,c,tj TABLES FOR CAPITAL AREA PLANNING COUNCIL - TOTAL POP. $ 8,000 -$ 8,999 1 9,000 -5 9,999 $10,000 - 511,999 $12,000 - $14,999 $15,000 - $24,999 $25,000 - $49,999 $50,000 AND OVER } 076 , COUNT OF UNRELATED INDIVIDUALS 14 YEARS+ BY: INCOME UNDER $1,000 (INCLUDES Si -$999, NONE, AND LOSS). $ 1,000 -$ 1,999 $ 2,000 -$ 2,999 $ 3,000 -$ 3,999 •$ 4,000 -$ 4,999 $ 5,000 -$ 5,999 $ 6,000 -$ 6,999 $ 7,000 -$ 7,999 $ 8,000 -$ 8,999 $ 9,000 -5 9,999 $10,000-511,999 512,000 - 514,999 $15,000 - $24,999 325,000- 549,999 $50,000 AND OVER 084 COUNT OF FAMILIES BY: POVERTY STATUS,FAMILY TYPE AND RELATED CHILDREN UNDER 18 ABOVE POVERTY LEVEL: MALE HEAD: NO RELATED CHILDREN UNDER 18 YEARS OLD.... 3 6 0 24 68 67_ • 46 37 67 49 • 32 63 56 52 - 73 42 0 0 41 40 26 21, 0 0 PAGE 88 14 0 0 0 6 0 0 0 0 217 I Do not type to the left of dotted line. OMB No. 80 -R018 1 COVER SHEET for FEDERAL GRANT APPLICATION /AWARD NOTIFICATION 1 APPLICATION DATE yr, no day 19_ - - I I )TELS 1-31 TO BE COMPLETED BY APPLICANT OR CLEARINGHOUSE DEPENDING UPON STATE PROCEDURES 3. APPLICANT - Organizational Unit CITY OF ROUND ROCK, TEXAS 4. ADDRESS - Street or P.O. Bo 214 E . MAIN STREET 2 FEDERAL EMPLOYER ID NO 5. CITY ROUND ROCK 6. COUNTY WILLIAMSON 7.STATE TX B. ZIP CODE 78664 9. PROG NO. (Catalog of Fed Domestic Assistance) 11304 10. TYPE y O , F ACTION e rJ New c ❑ Modification '),.E1 Continuation TYPE OF CHANGE (Complete if 10h or 100 was checked) 1 a ❑Increased Dollars 1a ❑ Increased Duration 1 2 . ❑ Other Scope Change b ❑Decreased Dollars b ❑Decreased Duration h ❑Cancellation 14. EXISTING FED GRANT ( yr rno 15. REQUESTED FUND START 19 16. FUNDS DURATION .(Months) yr mo 17. ES PROJECT START 1973 12 18. ESf. PROJECT DURATION _12_(Months) 19. APPLICANT TYPE A. Stat¢ F . SehO0I Dist © B. Interstate G. Community Action Agency C. Sub State Dist H. Sponsored Organization D. County 1. Indian E. City J. Other (Specify in Remarks) FUNDS REOUESTED(For Chang. 20 FEDERAL ( ) $ 21 STATE 1 1 $ 22 LOCAL ( ) $ 23. OTHER ( )$ 24 TOTAL (20, 21, 22, 231 ( ) $ Show Only Amt oflne.(N or Oec( 77,660 G C 19,415 L ,G 97 25. BRIEF TITLE OF i APPLICANT'S PROJECT MUNICIPAL RECREATIONAL FACILITIES 26. DE$CRIPTION OF APPLICANT'S PROJECT (Purpose) THIS EDA PWIP PROJECT WILL PROVIDE LOCAL EMPLOYNT IN THE CONSTRUCTION OF A MUNICIPAL SWIMMING POOL AND RELATED RECREATIONAL AND SUPPORT . • FACILITIES . 27. AREA OF I$II Y3 7PACT (Indicate City, County, State, etc.) ROUND ROCK AND WILLIAMSON COUNTY (PART) 28, CONGRESSIONAL DISTRICT 04 Applicant Districts Impacted By Project C 11 ] [ 11 and 19 ] 29, Environmental Assessment Require By State/Federal Agency? L7 Yes ❑No 30. CLEARINGHOUSE(S) TO WHICH SUBMITTED a ❑State b ® Area Wide c ❑None 31. a NAME OF CONTACT PERSON JAMES HISLOP b ADDRESS - Street or P. 0. Box a TELEPHONE NO 214 E. MAIN STREET, ROUND ROCK, TX (512) 255 -3692 ITEMS 32 -38 TO BE COMPLETED BY CLEARINGHOUSE 32. CL €ARINGHOUSE ID I MULTIPLE CLEARINGHOUSE 33. a ACTION BASED ON FjEV1EW OF :10 Notlficati on q ❑ Application 33. b ACTION TAKEN a ❑ With Comment a CD Waived b ❑ With out Comment d ❑ Unfavorable 34, STATE APPLICATION IDENTIFIER (SAD State Number 35. CLEARINGHOUSE IMPACT CODE Q Q STATE WIDE Yes No County/ City Ping Area • County/ City Ping Area County/ City Ping Area County/ Ping Area City County/ City PMg Area County/ City Ping Area 36. STATE PLAN REQUIRED 37. RECEIVING DATE yr mo day AT CLEARINGHOUSE 19 Yes DN o 38. FINAL CLEARINGHOUSE yr mo do DATE . 19 - -- ITEMS 39-42 TO BE COMPLETED BY APPLICANT BEFORE SENDING FORM TO FEDERAL AGENCY 39. CEI3T)FICATION - The applicant certifies that to he best of his knowledge and belief the above data are true and Check box if no clearinghouse ■ correct and filing of this form has been duly authorized by the governing body of the applicant. response was received in 30 days 40. a NAME (Print or Type) a b TITLE a SIGNATURE of Authorized Representabno d TELEPHONE NUMBER 41. DATE MAILED TO FEDERAL /STATE AGENCY yr mo day 19_ _ 42. NAME OF FEDERAL / STATE AGENCY TO WHICH THIS APPLICATION SUBMITTED ITEMS 43 -54 TO BE COMPLETED BY FEDERAL OFFICE EVALUATING AND RECOMMENDING ACTION ON THE APPLICATION 43. GIIANT APPLICATION ID )Assigned by Federal Agency) 52. Application Reed. yr mo day - - - 53.a Exp. Action Date yr me day 19 - - - _ . , Always Complete., ., 53.a OR b "Iii 53.b Rat. to Applicant yr mo day 19 - - - 44, GRANTOR AGENCY __._ITV ccw>-0—ozcn Amended Applic Received yr mo day 19_ 19 _ R E V 1 s 0 $ Rev. Expected Action Date yr mo day 19 19 19 - -- 149. STATE 150. ZIP 54, Exp. Action A pplicant R i yr mo day 19 - -- 19 19 R E V 1 s 1 0 S Subsequent Ret. yr mo dal 19 45. OFIGANIZATIONAL UNIT 0 N 0 sc- 46. ADMINISTERING OFFICE . 47. ADDRESS- Street or P.O. Box 19___ 19 CODE 151. TELEPHONE -- NUMBER Do not type to the left of dotted line. OMB No. 80 -R018 FORM ED -151 U.S. DEPARTMENT OF COMMERCE OMB Approval Not Required ECONOMIC DEVELOPMENT ADMINISTRATION (REV. 4- 7.7E.I I Tye F. Collins for the City of Round Rock,•Texas ARCHITECT /ENGINEER'S CERTIFICATE following plans and specifications (check appropriate item): ® Other (identify) Fencing & Wastewater details Project No FDA =WYiK f /En , certify that the Sheets numbered ® Site plan . . . .. . . . . . . .... . 2 ® Architectural 6 ® Structural . . . . . . _ 3 R 4 R F ® Mechanical .. . . .. . . .. • • .. • ... . . . . . .. ._& 8 ® Electrical 6 j Equipment . 5, 6 & 8 7 &9 14a) Are adequate and suitable for, and are in conformity with, the project contemplated in the approved application. fib) Comply with applicable State and Local laws, ordinances, and regulations pertaining to standards of construc- tion and safety, and have been approved by: AUTHORITY DATE OF APPROVAL State Health Department Submitted 10/22/7 Approved: Date Owner Date 13795 License Number, 8900 Shoal Creek Blvd. Address Austin, Texas 78758 City and State USCOMM -DC SG026 -P72