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R-95-02-09-10H - 2/9/1995Management Services Agreement ("Agreement ") with Bill Langford Associates ( "Langford ") in connection with the infrastructure grant for Dell Computer Corporation project, and WHEREAS, the City desires to amend said Agreement to increase the amount of fees to be paid to Langford, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a First Amendment to the Professional Management Services Agreement, a copy of which is attached hereto and incorporated herein for all purposes. RESOLVED this 9th day of February, 1995. ATTEST: WHEREAS, the City has previously entered into a Professional E LAND, City Secretary KS /RESOLUTION RS50209H RESOLUTION NO. R -95" 0 ,2- 09- SON CHARLES C PER, Mayor City of Round Rock, Texas THIS FIRST AMENDMENT, to the Professional Management Services Agreement ( "Agreement ") entered into the 10th day of March, 1994 by and between the City of Round Rock, Texas (hereinafter called the "CITY ") acting herein by Charles Culpepper, Mayor, hereunto duly authorized, and mill Langford Associates (hereinafter called "FIRM ") acting herein by Billy D. Langford. WITNESSETH THAT: WHEREAS, the City desires to amend the Professional Management Services Agreement under the general direction of the Texas Community Development Program; NOW THEREFORE, the parties do mutually agree as follows: That paragraph 4 of the Agreement shall be amended to read as follows: 4. Compensation and Method of Payment. hands and seals this the ` day of February, 1995 KS /RESOLUTION 555020953 FIRST AMENDMENT PROFESSIONAL MANAGEMENT SERVICE AGREEMENT The maximum amount of compensation and reimbursement to be paid hereunder shall not exceed Seventy Thousand Dollars ($70,000.00). Payment to FIRM shall be based on satisfactory completion of identified milestones in Part III, Payment Schedule of this Contract. IN WITNESSETH HEREOF, the parties have hereunto set their CITY OF ROUND ROCK, TEXAS By CHARLES PPER, Mayor • 2. BILL LANGFORD ASSOCIATES By: r. BILLY D. LANGFORD, Ow er George W. Bush GOVERMOm Henry Flores Sa CUTIVE DIRECTOR 02/06/95 February 8, 1995 11:39 2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS The Honorable Charles Culpepper Mayor. City of Round Rock 221 East Main Street Round Rock, Texas 78884 Re: Texas Community Development Program (TCDP) Economic Development (ED) Contract No. 703152 Amendment No. 2 Dear Mayor. Enclosed are two (2) copies of Amendment No. 2 to Contract No. 703152 between the city of Round Rock and the Texas Department of Housing and Community Affairs, for your review and signature. Please sign and return both copies to this office at your earliest convenience. After the amendment has been signed by the Executive Director of the Department, we will provide you with a copy for your files. Should you have any questions or need additional information, please do not hesitate to call Joe Ramos at (512) 305 -9090 Sincerely, Ruth Cedillo, Director Texas Community Development Program RC:drg Enclosure cc: Contract File 002 WOARO Mamas Paul R. Rodrili,sz Chairman Harvey Clenums Ji. Elizabeth Flares Hlchard C. Hee Joseph Kemp Waller Martinez Mary Sanger Susan Shallot 811 BARTON SPRINGS ROAD - SUITE 100 • P. O. BOX 13941 • AUSTIN, TEXAS 78711 -3941 • (512) 475 -3800 02/06/95 12 :49 8512 475 3914 TDHCA /CDBG X1001 STATE OF TEXAS COUNTY OF TRAVIS Section 1. The Texas Department of Housing and Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department', and the City of Round Rock, hereinafter referred to as "Contractor, do hereby contract and agree to amend their original contract, as initially executed by the Executive Director of the Department effective December 13, 1993, through December 12, 1995, for the performance of economic development activities. Section 2. AMENDMENT NO. 2 TO TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT NO. 703152 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AND THE CITY OF ROUND ROCK The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A, Performance Statement, is revised to read hereafter as given in the Performance Statement attached to this amendment, hereinafter referred to as Exhibit A, and hereby made a part of this amendment. Exhibit A consists of three (3) pages. Section 3. The parties hereto agree to amend the contract Identified In Section 1 above so that Exhibit B, Budget, is revised to read hereafter as given in the Budget attached to this amendment, hereinafter referred to as Exhibit B, and hereby made a part of this amendment. Exhibit B consists of one (1) page. Section 4, The parties hereto agree that this amendment shall become effective on February 8, 1995. Section 5. The parties hereto agree that this amendment shall require no change to previously approved funding. Page 1 of 2 02/08/95 12:49 1T512 475 3914 TDHCA /CDBG Section 6. The parties hereto agree that all of the terms of the contract identified in Section 1 above shall remain in effect and shall continue to govem except to the extent that they conflict with the terms of This amendment. Section 7. The parties hereto agree that nothing in this amendment shall be construed as authorizing any violation of federal, state or local laws or regulations as they pertain to the contract identified in Section 1 above. Section 8. 2002 By the signing of this amendment, the parties hereto expressly understand and agree that this amendment shall become a part of the contract identified above in Section 1 above as though it were set forth word for word therein. WITNESS OUR HANDS EFFECTIVE FEBRUARY 8, 1995. Charles Culpepper, Mayor City of Round Rock Approved and accepted on behalf of the Texas Department of Housing and Community Affairs. Henry Flores, Executive Director Texas Department of Housing and Community Affairs This contract amendment is not effective unless signed by the Executive Director of the Texas Department of Housing and Community Affairs, or his/her authorized designee. Page 2of2 02/08/95 12:50 13512 475 3914 TDHCA /CDBG 1 003 • EXHIBIT A PERFORMANCE STATEMENT City of Round Rock Contractor shall carry out the following activities in the target area(s) identified on the map in its 1993 Economic Development application: Project Description The purpose of this Economic Development project is to provide infrastructure improvements in the form of water lines, sewer lines, gas lines. drainage and street construction in support of Dell Computer Corporation (Dell) (hereinafter referred to as the Company). The infrastructure improvements will allow the Company to expand its operations into the city of Round Rock. The Company manufactures, sells and distributes personal computers. Financial Information Contractor shall Inject Twenty -five Thousand Eight Hundred Fifty -five and No /100 Dollars ($25,855) of contract funds to carry out acquisition of infrastructure related real property, easements andlor rights - of -way in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec. 4801 et.seq.) and HUD implementing regulations (49 C.F.R. Part 24). Contractor shall acknowledge the net equity value in the site owned by the Company as Two Hundred Fifty -six Thousand Nine Hundred Thirty and No /100 Dollars (8256,930). The site, identified in the application, is where the Company will construct their proposed two story office building. The cost of building construction is not a part of this phase of the project. Contractor shall inject One Million Two Hundred Eighty -nine Thousand Four Hundred Forty -eight and No /100 Dollars (81,289,448) of contract funds to provide the following infrastructure improvements. 1. Four Hundred Ninety -nine Thousand Four Hundred Thirty -seven and No/100 Dollars ($499,437) to construct approximately one thousand nine hundred (1,900) linear feet of sixty (60) foot width asphalt roadway beginning at the end of the existing Williamson Drive and proceeding southeastward to Greeniawn Boulevard; curb and gutter, new light poles, fixtures and wiring; storm drains; one thousand two hundred seventy -five (1,275) linear feet of trench safety; one thousand five hundred seventy -five (1.575) linear feet of drainage reinforced concrete pipe; striping; sedimentation and erosion control costs. various intersection improvements at Williamson Drive and Greenlawn Boulevard to include: eight hundred twenty (820) linear feet of curb and gutter removal; asphalt removal: construction of one thousand three hundred seventy (1,370) linear feet of curb and gutter, temporary traffic control; utility pole location; striping; sedimentation and erosion control costs. 2. Five Hundred Sixteen Thousand Forty -five and No /100 Dollars ($518,045) to construct an off -site drainage channel beginning east of the project site to just south of Gattis School Road. This drainage channel will be both earthen and concrete lined and includes a culvert at Hampton Lane. 3. One Hundred Seventy -six Thousand Five Hundred Seventy -seven and No /100 Dollars ($176,577) to construct/install approximately one thousand nine hundred eighteen (1,918) linear feet of sixteen (16) inch water line; eighty -five (85) linear feet of sixteen (16) inch bore and casing; Page 1 of3 02/08/95 12:50 13`512 475 3914 TDHCA /CDBG Q004 five hundred forty -eight (548) linear feet of twelve (12) inch water line; eighty (80) linear feet Of six (6) inch water line; related gate and butterfly valves; three (3) fire hydrants on the north side of Williamson Drive; two thousand five hundred fifty -one (2,551) linear feet of trench safety; related fittings; and sedimentation and erosion control costs. The proposed tine begins at the end of the existing end of Williamson Drive and proceeds along the proposed Williamson Drive extension to the intersection with Greenlawn Boulevard. It also includes a fire protection line from the southeast end of the Williamson Drive extension to the southeast comer Of the proposed building and a potable water supply line from the northwest end of the Williamson Drive extension to the northwest corner of the proposed building. 4. Sixty -six Thousand Three Hundred Nine and No/100 Dollars (588,309) to construct/instait approximately one thousand five hundred sixty -three (1,583) linear feet of eight (8) inch gravity sewer line; seven (7) manholes; one thousand five hundred sixty -three (1,563) linear feet of trench safety; twenty -five (25) square yards of pavement repair, and sedimentation and erosion control costs. The proposed line begins south of the end of the existing Williamson Drive and proceeds eastward to and then along the proposed Williamson Drive extension to a point three hundred (300) linear feet south of the north property fine. Then the fine proceeds eastward across the project site to the northwest comer of the proposed building. 5. Thirty -one Thousand Eighty and No /100 Dollars ($31.080) to construct/Install approximately one thousand five hundred (1,500) linear feet of four (4) inch gas line; three hundred sixty -five (365) linear feet of two (2) inch gas line; fittings; and sedimentation and erosion control costs. This line begins at the intersection of the northeast comer of the project site and Greenlawn Boulevard and proceeds south along Greenlawn to the Williamson Drive extension; then west on Williamson Drive to a point even with the southeast comer of the proposed building; then proceeding northward onto the project site to the southeast comer of the proposed building. Contractor shall inject Three Hundred Sixteen Thousand and No /100 Dollars ($316,000) of Contractor's funds to install five thousand four hundred forty -six linear feet (5,446 I.f.) of sixteen inch waterline along Boardwalk. sixteen (16) fire hydrants with Tee's and valves, a sixteen by sixteen (16 x 16) Tee with valve and plug, two (2) air valves, fittings, erosion, sedimentation control, revegatation and five thousand four hundred thirty linear feet (5,430 I.f.) of trench safety. Contractor shall ensure that the Company injects Eight Million Six Hundred Seventy -nine Thousand Four Hundred Fourteen and No /100 Dollars ($8,679,414) in cash for this project as follows: Four Hundred Eighteen Thousand Nine Hundred Nineteen and No/100 Dollars (5418,919) for the purchase of machinery and equipment and Eight Million Two Hundred Sixty Thousand Four Hundred Ninety-five and No/100 Dollars (58,260,495) for working capital salary expenses. Contractor shall provide to Department, upon request, evidence that project funds, both private and contract, were expended as specified in this EXHIBIT A and in EXHIBIT B of this contract Enaineerino Contractor shall inject a total of One Hundred Twenty -six Thousand Two Hundred Ninety -three and No/100 Dollars ($126,293) of contract funds to pay for eligible project - related engineering services, as follows: Ninety -two Thousand Thirteen and No /100 Dollars ($92,013) to pay for eligible basic engineering services and Thirty -four Thousand Two Hundred Eighty and No /100 Dollars ($34,280) to pay for eligible special engineering services, including preliminary and final design plans and specifications, interim and final inspections. Page 2of3 02/06/95 12:51 12512 475 3914 TDHCA /CDBG Proiect Outcomes Page 3 of 3 l l oos Contractor shall inject Twenty -nine Thousand Ste Hundred and No/100 Dollars ($29,600) of Contractors funds for engineering fees related to the Boardwalk waterline. Administration Contractor shall inject Seventy Thousand and No/100 Dollars ($70,000) of contract funds to carry out project administration activities, including the cost associated with the required program fiscal and compliance audit. As a result of this project, Contractor shall ensure that the Company creates three hundred thirty (330) full -time equivalent permanent jobs of which one hundred sixty -nine (169) shall be provided to low and moderate income persons prior to the expiration date of this contract In the event more than three hundred thirty (330) permanent jobs are created, Contractor shall ensure that at least fifty -one percent (51 %) of all jobs created, during the contract period, are provided to low and moderate income persons. A low- to-moderate income person is defined in the TCDP Project Implementation Manual referenced in Section 16. As referenced in the Special Conditions, Section 22, C, 2 (page 11) the city must enter into a separate agreement with the Company whereby by the Company agrees not to reduce the number of full -time employees, in the city of Austin. below the December 13th, 1993 level of three thousand five hundred sixty -three (3,563), during the term of this contract including extensions. Contractor shall ensure that any business that utilizes any of the infrastructure improvements being constructed with funds provided under this contract, in whole or in part, executes a written contract with Contractor committing to provide at least fifty -one percent (51%) of all of the created/retained jobs to low and moderate income individuals for a three (3) year period beginning upon completion of the proposed infrastructure improvements. Contractor shall submit to Department no later than the twentieth (20th) day of the month after the end of each calendar quarter of the contract period. specified in Section 2, a Quarterly Connection Report in a format prescribed by Department 02./06/95 12 :51 $512 475 3914 TDHCA /CDBG EXHIBIT 8 BUDGET City of Round Rock Amendment #2 CATEGORIES TCF OTHER TOTAI. Acquisition: Acquisition 325,855 -0- Equity -0- 3256.930 ' 5282,785 Engineering: Basic Services 92.013 29,600 2 Special Services 34,280 .0. 155,893 Public Facilities: Water Improvements 178,577 318.000 Sewer 66,309 -0- Gas 31,080 -0- Road 499,437 -0- Drainage ` 518,045 -0- 1,605,448 Machinery/Equipment: Acquisition -0- 418.919 1 Equity -0- -0- 418,919 Working Capital: Salaries -0- 8,260,495 ' 8,260,495 SUBTOTALS 31,441,596 39,281,944 310,723,540 Administration 70,000 -0- 70,000 = =ssza oaxar� = - -- -mss TOTALS 31.511,596 39,281,944 310,793,540 1 38,936,344 2 3345,600 Equity contribution by Dell Computer Corporation (Dell) in the form of net equity value in the site and a cash infection for working capital that will be used for the purchase of machinery and equipment and employee salaries. Contribution by Contractor. Three Hundred Sixteen (3316,000) for water improvements and Twenty -nine Thousand (329,600) for related engineering costs. Page 1of1 X006 DATE: February 7,1995 SUBJECT: City Council Meeting, February 9, 1995 ITEM: 10.H. Consider a resolution authorizing the Mayor to amend the Texas Capital Fund infrastructure grant contract between the City of Round Rock and Bill Langford Associates. Staff Resource Person: Joe Vining Staff Recommendation: Approval On January 12, 1995, Council passed resolution R- 95- 01- 12 -10B that authorized the Mayor to submit a request to the Texas Department of Housing and Community Affairs (TDHCA) for Program Amendment #2 to the Dell infrastructure grant contract 703152. This program amendment was approved by TDHCA on February 6 and allows the City to amend the Langford contract by increasing administrative fees. This increase is required due to additional contract administration and acquisition processes. ECONOMIC IMPACT: None. Funds will be paid from the Texas Capital Fund.