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HomeMy WebLinkAboutResolution - 2007-R0563 - Approve Application To Texas Water Development Board - Financial Assitance LAH - 12_14_2007Resolution No. 2007-RO563 RESOLUTION December 14, 2007 Item No. 5.7 WHEREAS, the City Council of the City of Lubbock, Texas requesting financial assistance from the Texas Water Development Board; authorizing the filing of an application for assistance; and making certain findings in connection therewith. WHEREAS, the City of Lubbock, Texas hereby finds and determines that there is an urgent need for the City to construct the raw water transmission line, pump stations, and water treatment plant improvements to enable Lake Alan Henry to serve as a water supply, and such capital improvements cannot be reasonably financed unless financial assistance is obtained from the Texas Water Development Board; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance in an amount not to exceed $243,472,000 to provide for the costs of designing and constructing the raw water transmission line, pump stations, and water treatment plant improvements to enable Lake Alan Henry to serve as a water supply. SECTION 2: That Thomas Adams, Deputy City Manager be and is hereby designated the authorized representative of the City of Lubbock, Texas for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and the rules of the Texas Water Development Board. SECTION 3: That the following firms and individuals are hereby named as points of contact regarding subject matters specified below with regard to such application. Financial Advisor: Matthew Boles 214-989-1672 Managing Director RBC Capital Markets Cityplace, Suite 2500 2711 N. Haskell Avenue Dallas, Texas 75204 Engineer: John Kelly, P.E. 806-473-2200 Vice President Parkhill, Smith and Cooper 4222 85th Street Lubbock, Texas 79423 Bond Counsel: Jennifer Taffe 214-220-7941 Vinson & Elkins, L.L.P 3700 Trammell Crow Center 2001 Ross Avenue Dallas, Texas 75201 EXECUTED AND APPROVED this 14 day of Dec., 2007. David Miller, MAYOR ATTEST: Rebecd)t Garza, City Secretary APPROVED TO C TENT: dams, Deputy City Manager APPROVED AS TO FORM: CL.I Anita E. Burgess, City Attorney ao/Anita/Texas Water Development Board.res December 10, 2007 Resolution No. 2007-RO563 APPENDIX F TWDB (NVDF) FORMS - TABLE OF CONTENTS APPLICATIONAFFIDAVIT {�Ifi+�- 1�,,.,..�.,«.....»..�............. �.,,....«...,..».,«.............�.�.�„«.».....,,., 1 APPLICATION FILING AND AUTHORIZED REPRESENTATIVE RESOLUTION(WRD-201Aj...............................3 APPLICATION RESOLUTION - CERTIFICATE OF SECRETARY (WRD-20M. ..S WASTEWATER PROJECT INFORMA17ON(w'RD-253A)........,._........«,......�..«.«..,...»»....�..».,..w,.r................�....„....7 WATER PROTECT INFORa'NIA110N (WF0-'3 iM....».,»...«..,.«.........«..��....,.,»....�».9 TEXAS APFLICATION FOR PAYEE ]IDENTIFICATION NUMBER (CPA-AP-152) WNMI .- -K+w-11 INFORMATION RETU-%N FOR TAX EXEMPT PRIVATE AC77VTry BOND ISSUES (M"038) .13 SUPPLEMENTAL CON ITTONS FOR STATE LOAN PROJECTS (RD4WG)..W..................«.�..........»«..�.».....»..,»l� RESOLUTION STANDARD CONDITIONS FOR TAX EXEMPT T LOANS(WR0-267).»..................».„,,.«...........29 SM CERTIFICATE 101`j «,... ». GROL.'N.DWATER RIGHTS QUESTIONNAIRE ..,.»37 GROUNDWATER RIGHTS Ai+FIDAVIT �200Rj.»,.R....«..........«.«,,....,»..,......w................. »,»... ,�.,,..,» ......,,......,.,.34 CONTRACTORS ACT OF ASSURAINCE (ED-103),.+..„.,...«,.««».................�,»,,...,. �........�,..,...,....�....�..,...41 CONTRACTOR'S RESOLUTION DREAKDO", OF BID ( -IU2j ,.»..»,....«».«.,......... ...,.»,........... .,.»..»,....,....» ,.AS NO 1.1'rICATION CERTIFICATE «......47 WATER CONSERVATION UTILITY PROFn,E (WRD-2")...�...........»..............««....:............M.........,..,...N....,..,...,..�g WATER CONSERVATION PROGRAM ANN-UAL REPORT (WRD-2b�i+ j...,,.-...,..---- .... — --S7 WILD-70IC Rcviscd 12/15/2005 Appendix F i WRD-201 (3/t) M) Application Affidavit (WRD-201) TfiE STATE OF TEXAS COUNTY Of [Coin+ where applicant is Lac WI [APitLiCA M BEFORE ME, the undersigod, a Notary Public in and for the State of Tmas, on this day personally appeared (& not t'(' 's ti 1 as the Audwize«d Representative of the [applicant]. wbo being by rm duly sue, upon oath says than 1. the decision by the (applicant] (C'CkyA)istric#Cotporation"j] to request financial aasiatanee from the Texts Water Developumu Board ("Board") was =de in a public meeting hold m accordance with the Opens Meetings Act (Govermnem Coda, §551.00 i, et seq,) and alttr providing all such notice as requirod by such Act as is applicable to the ("Catyi ViwfticvCmporatvn")j 2. the information submitted in the. application is true and corroet according to my beat knowledge and belief, 3. the [•CiWytDiatrictlCorporatim"] has no pending, threatened oroutstandingiudgments, Mders, fines, penalties, taxes, asseasrnent or other enforccr;nt or compliance issue of any kind or natters by the Envirotsumutxl Protect an Agency, Tex" Comartium on Environmental Quality, Texas Comptroller, Texas Secretary of Ststc, or any other federal, state or JOC21 govettsrW4 CXCgt for the following (if no such outstanding compliance issues, write in »none„); 4. the j-Qtyr'fliatriWC'orpomtictn'j warrants compliance with the representa6mi ra%& in the application in the ewers that the Board provides the littawial assistance; and 5. the ["Cite DisuictCCrtrporation!') will r.onply with all applicable federal laws, rules, and regulations as well as the laws of this stance and the rules and regulations of the Hoard. l llAMM Of a1#ian6 Nam: [manta of official representative] Title. [otiscial capacity) SWORN TO AND SUBSCRIBED BEFORE ME: by famy of ati3ati� title AW officW cavacitvl , this (Suul day of (]Month, , MT), [sjughu of notary) Notary Public, State of Tens (NOTARY'S SEAL,) WRD-701C Revised 12/15/2005 Appeakft F WRD-20I a 03107101 Application Filing and Authorized Representative Resolution (WRD- 201 a) A RESOLUTI N by the .., of the regttesdog financial aasistatrce from the Texas Water Development Board; authorizing the film of an application for assistance; and snaking certain findings in connection tterewith. WHEREAS. the _ Mosby finds and deternu ►es that Min w an urgent need far the to construct and such capital improven=ts cj, t be reasonably financed unless financial assistance is obtained from the Texas Water D reloprrnant Board; now, therefore, BE 1T RESOLVED BY THE OF ME SECTION 1: That an application is hmby approved and avtborized to be filed with the Texas Water Development Board seeking financW assistance in an amount not to exceed $� to provide for the costs of UC71ON 2: That be aM is hereby desigmW the authorized mpr n"ve of the for pugxues of titrnisbk* such information and executing such doctureuts as may be required in connection with the prepmdon and filing of such application fur financial assistance and the Hiles of the Texas Water Deft Beard. SECTION 3: That the foil©wing fittns and irxfivW=ls are hemby authszizcd and directed to aid and mist is the preparation and submission of such apglicattion and appear on behalf of and represent the before any ring bald by *A Texas Water Dever Board on such Application, to wit: Financial Advisor: Engineer: Bond Coanseh: PASSED AND APPROVED, this the _, day of . 200_ _, (seal) WRD-MIC Rniscd 12115nDO5 Appendix 4r'=QiDtb Application Resolution - Certificate of Secretary (WRD-201b) nM STATE OF TLW L the Unders4ned, Secretary of the . Taut, Do HEREBY CERTWY as fnllowa: 1. That cm the ,,,,,, day of . 20 _,, a regaiar rneedrig of the ores held at a meetia&platce within she City; the duly constituted members of the ring as follows: and all of said persons ry m present at said nweting, except the following: Amon od= business consukrcd at wd Wig, the 2ttaclied rvwhition sett -A RMLLMC NI by the of t e _ mquoning finWOW piolkipatOm frm the T Wun Devekpawo mod; sahmmg rho filift of an fi==W putcipuim. nd hazy cwum fimimp in conrxcnon dmvwnh.' was mtraducrd and submmW to rise for passap arced ukracmL a4fts jimseamm a►sd due coaadar2b= of die, rrsoha wA and upon a ramma ms& by atsd seed by fire rim ss-as duly paced anod adopod by the by the *4wft vow. +cooed Tor, — %wed AgaitMr � abstained. 20 as shown its the official Mimstes of the ___,_ for the meenvy held on the afesresatid data. 2. That the attachad resolutkm is a uut and corrmct copy of the origirW on file in then official wor& of the : the duly qualified and acting members of the ____ on the date of the aforesaid meth are those person shown above and, according to the records ofmy office, advancc notice of the tithe, place and purpose of said meeting was given to each member of the : and that said rtttxt#tng, and deliberation of the atmesaid public business, was open io the public and written notice of said meeting., including the subject of the above cnhtkd resolution, was posted and given in advance thereof in coxpliam with the provisiow of Chapter 551 of thr Texas Government Code, IN FITNESS VMERERF, I have hereunto signed my mate officially wW affixed the treat of caul _ tins the of .200 T_ SEAL t WKD-701C Revised 17JI512O05 ApptadiX F W"RD-253a Wastewater Project Information (WRD-253a) A. Project Name E Project No. C. County C. Ptogram(s) D. Loan Amoiunt F. Lout Term G. Wastewater ftject t ription: (multiphase project, new, expansion, expansion of coliecdon system, etc.) Attach map of service aroa affected b Pro ct or outer documentation. H. Wastewater Receiving Stream L TCEi2 Permit No. J. Segment No. K. Long. & LaL of Oiscllarge Location L. Projected Wastewater Flows 1. Oesi2 Flow MGt7 2. 2-Hour Peak MGD M. Proposed Permit Parameters 1. C8005 rrgh 4. NH3-N m 2. BOD5 T9A 5. DO rn 1l 3. TSS mgfl 6. Mar N. Cuter Pestit'tent Planning Information (Describe) ©. Projected Population from application tax 2© year period ptefera6 y In 5 year increments, AW)ustilication and list se+vke area ;xWatlons I dttbrent from Planning Area. Year Rafarence Year 2005 2010 2015 2020 2025 20— Population Project Design Year 20 Densip PopulatIn r R Current Water_Str�tply information Surface Water Supply Name Certificate No. Anrwal Anvunt Used and Unit Ground Water Supply Aquifer County Well Field Location Annual Arrest Used aunt UrX a Proposed Water Supply Information fover loan repayment Sur;ace'Nater Supply Name Certificate No. Annual Amount Used and Unit Ground Y1aat+er Supply Aquifer County Well Field Location Annual Arroint Used and Unit K Consulting Engineer i`arne S. Telephone No. T. E-mail addmw U. Applicant Contact Name, Title V. Telephone No, W. E-mail address WRD-701C Revised 12JI12005 AppeaWx F 7 Texas Water Development Board Water Project Information (WRD-253b) r, #Vam(s) E Loan AMOLMz ; Loan Te m o7 t is an Inter Balm Trws4tr Vents y envNua-0 J is prtpGi bc3ied m a GrmVwa'w Oitsw yes, idanVy D400 Gy tam)? Yes No I Yee No lt. Projected Popul kn tram Rem+ apprnabon V at least a 20 yasrr Year Year 2010 2015 2020 2026 2t730 2E1 pvW preferably in 5 year In enema 2005 Abch 00"ON and kw swift area Pop Aado n popAglrxts Idiltftrtxrt ham Planning Projeo#lcn Area. Pmject i n Year Desfgn PopAftn L. Curm t WaIN E2& I19 'attCfl S ofaw waw Seq* Nam Cerra No, Arc+ual AMo nt UsW and UM GmurW Warr Supol A i Oer ntY ;"tame51% , r r r MOKI Sc rx far. SuwY Nam :; .' to No a .r-,w UsW a.°so UrA 4VW f t Locatw A muW Ar3Towl Used & 4 Out N. ConsUM9 Engineer Name A Tftphow No P E-mW address ApplrcMt Cyr w Marne, Title R Teho re No, I S. 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Ettlaar Act s acoatt'M 4 d Under ten twApka Xx c gunt nt*g Oftlan tAM aM vwWn 1313" of ttt; Tat ilarnrrst Act d rtQ . • . . . . . r • • • r • . . . . • . . . a ♦ • • . • • ♦ AZL# �G& hrtast or a" of qwww Y awovAgpe fhaAtCt; . • • • . • • r ♦ • b . . . . . . . . . . r • r J Asa AtsMO 01 W--kn 13640 vt a cap a ma#d to factor, AtLxh copy at to . gulalwivrd catmawl . a bat b f aaw of wupmaMOCK xour ai rr, rqK f msSr i Ot a*w y aars,.c tud sc c v vn Maas~. ja =XW�01" ". =z aw " aw w se anal a +ter t ra �5t��r ;xw stl ac•ccrey+7t,b Sign more tlrls 4,0 x ^!f 7 S +dr xa na �,pc .t:mw i et.c ZI '.tkg F?" o ;= In ram 0*38 dtier 1 mm Instructions on use of Texas Water Development Board Supplemental Conditions for State Loan Plroiects (ED-004G) (Including: State Participation, & Rural Water Assistance Fund) Applicability These Supplemental Conditions contain provisions that are worded to comply with certain statutes and regulations which specifically relate to the (projects receiving state funds only) and to the State loan programs (lDfund IT), including State Participation and the Rural Water Assistance Fund (RWAF) Programs. Provisions that are applicable to the project's funding source or dollar value of the contract are so noted within with the provision. Construction projects that have Colonia Wastewater Treatment Assistance Program (CWTAP) funding do not use these conditions but instead use the EPA Supplemental Conditions and Tv DB Special Conditions E D-004C. Construction projects which are financed by CWSRF Tier III (projects receiving federal funds) and Drinking rater State Revolving Fund do not use these conditions but instead use TW DB Supplemental Conditions ED-004E. Construction projects which are financed by Clean Water State Revolving Fund (CikSRF) Tier II use E1D-004F. Application of Conditions The conditions and forms listed under htsiruclion.s to Bidders are to be included in the instructions to bidders for construction services. The provisions listed under Construction Contract Supptemental Conditions should be included with the other general and special conditions that are typically included in the construction contract documents by the design engineer. Modificatious; to Provisions The Applicant may need to modifv parts of these proviaions to bitter fit the other provisions of the construction contract. The Applicant and the consulting engineer should carefully study these provisions before incorporating them into the construction contract documents. In particular, Water Districts and other types of districts should be aware of statutes relating to their creation and operation which may affect the application of these conditions. Condition number 12 (Archeological Discoveries and Cultural Resources) and 13 (Endangered Species) may be superseded or modified by project specific conditions established during the application process. These documents may confer certain duties and responsibilities on the consulting; engineer that are beyond, or short of, what the Applicant intends to delegate. The Applicant should ensure that the contractual agreement with the engineer provides for the appropriate services. Otherwise the Applicant should revise the wording in these special conditions to agree with actually delegated functions. WRD-; 01 C Revised I II512005 Appendix F 15 Good Business Practices There am other contract provisions that the Owner said Designer need to include as a matter of good bustness practices. It is recommended that provisions addressing the following matters be inchmd in the construction contract. Contract Provisions that shy these arc available from TWDB hart request_ • Specifying the time frame for accomplishing the construction of the project, and the consequences of not completing on time. including liquidation damages. • Specifying the type and dollar value of and dwume ntation of ins a the contactor is to carry. As a minimum the contractor should carryliability and builder's risk ins�c • Identifying the rapotisaibility of the contractor - Responsibility and warranty of work. • Price roduotion for dc*ctive pricing of neptiatad outs. • Differing site conditions - notice and claims regarding siteconditions differing from indicated conditions. • Covenants against contingent fees - Prohibit contingent fees for securing business. • Gratuities - Prohibitions against offering and accepting gratuities • Audit and access records • Simon of work - Conditions under which owner may suspend work. • Tesmination - Conditions under which o%mer may terminate • Remedies - Procedures for resolving disputes. Other Regairer»ts There may be other local goverment requirements and applicable Federal and State statutes and regulations that are not accommodated by these conditions. It is the Loan/Grant Recipient's reg)oasibiiity to ensure that the ptgject mW all contract provisions we consistent with the relevant statutes and regulations. Advertisements for Bids The oTkial advent for bids that is published in newspapers should include certain information including: • A clear description of what is being procured. • How to obtain P&S, and necessary forms and information. • The date and time by which bids are to be received. (deadline) • The address where bids we to be provided. • Acimowiedgexme nt of any special rcquuiremem such as dory prey -bid confer • Right to rejem any and all bibs. Bid proposal The Bid proposal form should account for the following. • If lump sum bid, account for Property Consutned in Cornets to Improve Real Property, Tax Code 151.056. • Distinguish Eligible and ineligible itms. • Accommodate Trench Safety requirements with separate per unit pay item for trench excavation safety protection HcWth and Safety ale Chapter 756. • Include space for Contractor to wknow ledge receipt. of each Addendum issued during the bidding process. Bidding Process: WRD-701C Revised 12115a0Q5 AMcaft P 16 The Flans and Specifications should include an explanation of how the bids will be processed. The explanadon should include the failowving components. Whether a Pre -bill Conference, will be held.. whether it is opfional or story, and whem and when it will be held. Specify the criteria and process for determining respon&cnm and m4wwb� of the bidder. • Specify the rnedvod of detennu ng the successM bidder and award (TE. Award to the lowest respocWvc responsible bidder. a" n for any multiple- parts to bids.) • Allow for withdrawal of a bid due to a material mistake! • Idevidfy the time fi=c that the bids inky be held by the Owner before away a contract. (H:— Typicaliy for 60 or 91 days) • Acknowledge right of the Owner to Mesct any and all bids. All propowd modifications to tie conditions should be brought to the attenhon of and discussed with the appropriate TWDB area anginew. The TWDB engineer can also swear any questions regarding these conditions. The questions and proposed nwdifications can be sent to the following addre,m Texas Water Development Board Office of Prcaject Finance & Construction Assistance P. O. Box 13231, Capitol Slation Austin, Texas 78711-3231 (512) 463-7853 FAX (512) 475-2086 WRD-701 C Revmed 1211512005 Apperxtix T 17 ED-004G 12-09-Q3 Texas Water Development Board SUPPLEMENTAL CONDITIONS For State Loan Projects Funded through: Water Development Fund II Including: State Participation Rural Water Assistance Fund WRD-701C Revised 12/15/2005 Appendix F is TWDB SUPPLEMENTAL CONDITIONS Table of Contents Instructions to Bidders 1. Contingent Award of Contract 2, Bid Guarantee I Nonresident Bidder Form to be submitted with bids: • Vender Compliance with Reciprocity on Nonresident Bidders. (3-259) Construction Contract Supplemental Conditions I. Supersession 2 FrivityofContract 3. Definitions 4. Laws to be Observed 5. Review by Owner, TWDB, and EPA 6. Performance and Payment Bonds 7. Progress Payments and Payment Schedule S. Workmen's Compesation Insurance Coverage 9. Changes 10. Provailing Wage Rates 11. Archeological Discoveries and Cultural Resources 12. Endangered Species 13. Hazardous Materials 14. Prcject Sign 15. Operation and Maintenance Manuals and Training 16. As built Dimensions and Drawings Require. Forms to be submitted with executed contracts: • Contractor`s act of Assuranco (ED-103) Contractor's Act of Assurance Resolution (BD-104) 'NRD-701 C ktiwise;d 1211 SnO05 Appendix F 19 T DB SUPPLEMENTAL CONDITIONS Instructions to Bidders 1. CONTINGENT AWARD 4F CONTRACT This contract is contingent upon release of funds from the Water Development Board. Any contract or contracts awarded under this won for Bixis arc etcpead to be funded in part by a loan or gram tram the Texas Water Development Board, and a g t from the United Stges Environmental Protection Amy (U.S. EPA-) Ne dw .the etc of Teams, or U.S. EPA nor any of its departmenns, agencies, or ennploym are or will be a party to this Imitation for Bids or any resulting contract. 2. 131D GUARANTEE Each bidder shall finmish a bid guarantee equivalent to five percent of the bid price. (Water Code 17.183). if a bid bond is provided, the contractor shall utilize a surety company which is authorized to do bad in Texas in accordance with Art. 7.19-a1. Bond of'Surety Cow; thapr 7 of the lnsurance Code. 3. Award of Contract to Nonresident Bidder A governmental ntal entity may not award a governmental nnental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an anon n€ that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comp ble contract in the state in which the nonce sideri s principal place of business is located. (Source. Texas Government Code Chapter 2252 Subchapter A amide nt Bidders, (§ 2252.(141) The bidder will complete form WRD-259 wbicb must be submitted with the bid. Construction Contract Supplemental Conditions QgU.ons_ 1. SUPERSESSION The Owner and the contractor agree that the TW l]B Supplemental Conditions apply to that work eligible for Teas Water Development Board assistance to be performed under this contract and these clams supersede any conflicting proviswns of this contract. 2. PRIVITY OF CONTRACT Funding for this project is expected to be provided in part by the Texu Waxer Develop Board. Neither the State of Texas, nor any of its departments, agencies or employees * or will bq a party to this contract or any lower tier contract. This contract is subject to applicable provisions 31 TAC Chapter 363 in effect on the date of the assistance award for this project. 3. DEFINITIONS (a) The term Owner means the: local a nfity contracting for the construction services. (b) The term 'MS" means the Executive Adtninutrator of the Texas Water Deveklpment Board. or oar perm who may be at the time acting in the capacity or autlmrized to pafwm dw lotions of such Adminiattrator, or the authorized representative thereof. 4. LAWS TO BE OBSERVED WRD-70 t C Revised 12J1542005 App radix F 26 in the execution of the Contract, the Contractor must comply with all applicable Local, State and Federal lwws,, including but not limited to lawn concerned with labor, safety, minimum wages, and the environment. The Contuactor shall make himself Familiar with and at all times shall observe and comply with all Federal, State, and Ucal laws, ordinances and regulations which in any manner af3'ect the conduct of the work, ,and shall indemnify and save harmless the Owner, Texas Water Development Board, and their era tatives against any claim wising from violation of any such law, ordinance or regulation by himself or by his subcohtractor or his etnooyecs. S. REVIEW BY OWNER, and TWDB (,a) The Ow , authorized representatives snd agents of the Owner, and TA"D13 sharp, at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material tavoicm and other relevant data mid records pertaining to this Contract, provided, however that all instructions and approval with respect to the: work will be given to the Contractor only by the Owner through authorized representatives or agents. (b) Any such inspection or review by the TWDB shall not subject the State of Texas to any action for damages. 6. PEREOR3ILANCE AND PAYMP—NT SOIk"DS Each contractor awarded a construction contract furnish p e ribrm trace and payment bonds: (a) the perfomtance bond shall include without limitation guarantees that work done under the contract will be completed and performed according to approved plans and specifications and in accordance with sowed constnwtion prIn iples and practices; (b) the performs mce and payment bonds shall be in a penal sum of not less than 100 pea+cent of the contract price and remain in effect for one year beyond the date of approval by the engineer of the political subdivision; and (o:) the contractor shall utilize a surety company that is authorized to do business in Texas in accordance with Art, 7.19-1. Bond of Surety Company, Chapter 7 of the lnsurance Code. 7. PROGRESS PAY1►i ANTS AND PAYNIENT SCHEDULE (a) The Contractor shall submit for approval unmediatmely air execution of the Agreement, a carefully prepared progress Schedule, showing the proposed dates of starting and completing each of the various sections of the work, the anticipated monthly payments to become due the Coon -actor, and the accum latead percent of progress each month. (b) The following paragraph applies only to coffaacts w., :uded on a lump Burn contract price. COST BREAKDOWN - The Contractor shall submit to the Owner a detailed breakdown ofhis estimated cost of ail work to be accomplished under the contract, so am mged and itemized as to rneet the approval of the Owner or funding ate. This breakdown shall be suhodtted promptly after execution of the agreement and before any payment is made to the Contractor ibr the work performed under the Contract. After approval by the Owner the unit prices established in the breakdown snail be used in estimating the amount of partial payments to be made to the Caratr4ctru. (c) Progress Payments. WPJL00JC RtVMd Awn& F 21 (1) The Contractor shall prepare his requisition .for progress payment as of the last day of the payment month and submit it, with the required nurser of copies, to the Er inn for his review. Except as provided in paragraph (3) of this subsection, the amount ofthe payment due the Contractor shalt be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting; (1) five percent (50%) minimum of the total Wit, as a rage and (2) the amount of all pious pays. The total value of work elk ted to date shall be based on the awl or estim quantities of work completed and on the unit prices contained in the agreement (or cost breakdown approved purl ant to section fib relating to lump stun bids) and Ousted by approved change orders. The value of materials primly stored on the site shall be based upon the esti ted quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection by the Engineer. (2) The Contractor shall be ruble for the care and protection of all materials and work Von which payments have been male; until final acceptance of such work and materiais by the Owner. Such payments .shall not constitute a waiver of the right of the Owner to require tlac Sialfillmerrt of all terms ofthe Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Ou mcr in all details. (3) This clause applies to contracts when the Owner is a Municipal Utility District, or Water Control and bnprovement .District. The retainage shall use ten percent minimum ofthe amount otherwise due until at least fifty percent of the work has been completed. After the project is fifty percent completed, the District may reduce the retainage from ten percent to no less than five percent. (a) The five percent (5110) minimum rettainage of the progress payments due to the Contractor may not be reduced until the building ofthe project is substantially complete and a reduction in the retainage has been authorized by the TWDE. (S) The following clause applies ouiy to contracts where the total price at the time of execution is $400,000 or greater and the retsinage is greater than 5% and the Owner is not legally exempted tram the condition (Le. certain types of water districts). Thee Owner shall deposit the rdai age in an interest -bearing accowit, and the int = earned on such retainamge funds shall be paid to the Contractor after completion ofthe contract and final acceptance of the project by the fir. (d) Withholding Payments. The tawner may withhold from any payment otherwise doe the Contractor so much as may be necessary to protect the twr and if so elects may also withhold my amounts due ficin the Contractor to any obconn7&m or material dealers, for work wed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will rat require the Owner to detannine or adjust any elm or disputes between the Contractor and his subcontractors or Material dealem or to withhold any nvoneys for their ptotection unless the Owner elects to do sou. The failure or refusal of the Owner to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or dreads furnished under this Contract. (c) payments. Subject to Submission of Certificates. Each payment to the Contractor by the Qwncr shall be made subject to submission by the Contractor of all written certifications required of him and his subcontractors by Section 3 hereof (relating to labor standards) and other gcneral and special conditions elsewhere in this contract. WRD-701 C Revised 12il V2005 Appendix F 22 (e) Final Payment. (1) Uporn satisfactory completion of the work performed under this contract, as a coition before final payment under this contort or as a termination settlement under this contract the contractor shall execute and deliver to the Owner a release of all claims against the Owner arising under, or by virtue of, this contract, except claims which are speciAcally ex=Vd by the contractor to be set forth thorn. Urals otherwise provided in dais fit, by State law or otherwise expreWy agm zd to by the parties to this contract, fugal payment under this contract or settlement upon termination of this contract shall not constitute a waiver of the Owner's claims against the contractor or his sureties under this contract or applicable performance and payment bonds. (2) Af?.er furl won and acceptarim by the Owner of all work under the Cam, the Contractor shall prepare his requmitiion . for final pent which shall be tamed upon the carefully measured or computed quantity of each item ofwork at the applicable unit prices stipulated in the Agreement or cost breakdown (!Clump sum), as adjusted by approved change orde m The total amount of the final payment due the Contractor under this contract shall be the amount computed uted as described above less all previous payments. (3) The reuunage and its 'interest earnings, it any, shall not be paid to theContractor until the TWDDB has authorized a reduction in, or release of, rctainage on the contract work. (4) WithhoWing of any aniount dace the Owner, miler general andlor special conditions regarding "Liquidated Dauuiges," shall be deducted .from the final payment due the Contractor. 8. WORJC*LkN'S COMPENSATION INSURANCE COVERAGE (sa) The contracw shall certify in uniting that the contractor provides wod=V insurance coverage for each employee of the contractor employed on the public project. (b) Each subcontractor on the public project shall provide such a certificate relating to coverage of the subcontractor's employ= to the general contractor, who shall provide the su'bcontrxtoes certificate to the goverrime ntsal entity. (c) A contractor wbo has a contract that requires workers' insures coverage may provide the coverer through a group plan or other method satisfactory to the govemi ,g body of the governmental entity. (d) 'The employment of a maintenance employee by an employer who is not engaging in building or construction as the employer's primary busing dfts not constitute engaging in building or constion. (e) In this section., (1) "Building or construction" includes: (A) erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance; (B) rrmlodelirng, mending, repairing. or demolishing a structure; or (C) otherwise improving real prolmty or an appurtenance to real property through similar activities. (2) "Governmental entity" means this state or a political subdivision of this state. The term includes a municipality. 9. CHAINGES (a) The Owner may at any time, without ,notice to any surety, by written order, make any change in the work within the genaal scope of the contract, including but not limited to changes: WRD- 01C RrvisW 121MM Air F 23 (1) In the specifications (including drawings and designs); (2) In the tine% method or manner of performances of the work; (3) In the Omer -furnished facilities, equipment, rnateriais, services or sites, or (4) Directing acceleration in the performance of the work. (5) The original contract price may not be increased under this station by more titan 25 percent. The original contract price may not be decreased under this section by more than 25 percent without the consent of the: contractor. (Local Government Code 271.060) (b) A change order shah also be any other written order (including direction, instruction, interpretation or determination) fim the Owner which causes any chants provided they contractor gives the Owner written mice stating the date, circumstance and source of the under and that the contractor regards the order as a change; order. (c) Except as provided in this clause, no order, staternent or conduct of the Owner shall be treated as a change under this clause or entitle the contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the contractor's cost or the time required to perform any part of dw work under this contract, whether or not changed by any carder, the Owner shall make an g0tabble adjustment and modify the contract in writing. F-xcept for claims based on defective spe cificcatiom no claim for any change under parch (a)(2) above stroll be allowed for any costa incurred more than 20 days before the conuwtor gives wntten notice as required in paragraph (aX2). in the case of defeclive; sptcifications for which the Ova -ram' is resporisiNe, the equitable adjustment shall include any increased rat the contractor reasonably incurred in attempting to comply with those defective spec4fications. (e) If the contractor intends to assert a claim for an equitable adjustment under this clause, the contractor must, within 30 days after receipt of a written change order under paragraph (a)(1) or the furnishing of a written notice under paragraph. (a)(2), submit a written statement to the Owner setting forth ft genaW nature and monetuy extent of such claim The Owner may extend the 30- day period. 'ihe contractor way include: the statement of claim in the notice under paragraph (2) of this charriges clad, (f) No claim by the cma-actor for an equitable 4usUncnt shall be allowed if made after final payrme:nt, under this contract, (g) Changes that involve an increase in price will be supported by documentation of the cost components. 10. PREVAILING WAGE RATES This Contract is subject to Government Code Chapter 22.58 coning payment of Prevailing Wage Rates. The Owner will der emdrie what are the gencM prevailing rates in accordance with the statute. The arplicoble-prow ions include, but are not limited to the followitcg: § 2258.021. Right to be Paid Prevailing Wage hates (a) A worker employed on a public wrork by or on behalf of the state or a political subdivision of the state shall be paid: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. (b) Subsection (a) doer not apply to maintenance wrork. (c) A worker is employed on a Public work for the purposes of this motion if the worker is employed by a contractor or subcontractor for in the execution of a contract for ttie public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the smte. Added by Acts 1995, 74th Leg., ch. 76, § 5.49(a), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 18,01, e,ff. Sept. 1.1997. %VRD-701 C Revised 12IM005 ApperAix F 24 § 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty (a) The contractor who is awarded a contract by a public beady or a subcontractor of the contractor shall pay not less than the rates detentvned under Section 2258.022 to a worker employed by it in the execution of the contract. (b) A contra" or subcontractor who violates this sectaims shall pay to the state or a political subdivision of the state can whose behalf the contact is made, S60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage tabus stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. (c) A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided by Section 2258.022. (d) The pub body shall use any n'hmtey collected under this section to offset the costs inmrred in the adminish2tion of this chapter. (e) A municipality is entitled to collect a penalty emder this section only if the municipality has a population of more than 10,000. Added by Acts 1995, 74th Le&, ch. 76, § 5.49(a), eft. Sept. 1, 1995. § 2259.024. Records (a) A contractor and subcontractor shall keep a record shy. : (1) the name and occhmado rt of each wchrkeyr employed by the contractor or subcont-Actor in the construction of the public wQriv, and (2) the actual per them wages paid to each worker. (b) The record shall be open at all reasonable hours to inspection by the officers and agents of the public body. Added by Acts 1995, 74th L.eg., ch. 76, § 5.49(a), eff. Sept. 1, 1995. § 22_-1;&025. Payment Greater Than Prevailing Rate Not Prohibited This cbapter does not prohibit the paymeut to a worker =Vloyed on a public work an anwunt greater than the general previ ing rate of per theta wages. Added by Acts 1995, 74th Legg., ch. 76, § 5.49(a), efi" Sept. 1, 1995. 11. ARCHEOLOGICAL DISCOVERIES AND CULTURAL RESOURCES No activity which may affect a State Archeological Landmark is authorized until the: Owner has comtp ed with the provisions of the And uidest Code of Texas. The Owner has previously coordi>=od with the appropnate agencies aruei impacts to known cusp or archeologi cal deceits have been avoided or mitigatead. Hov. L cr, the Contractor may encounter unanticipated cultural or archeological deposits during constructiom If archeological sites or historic structures are discovered after constmetion operations are begun, the Contractor shall inunediatcly ease operations in that particular area and notify the Owner, the Tt DB, and the Texas Historical Commissim (512463- ). The Contractor Mall take rems,mable stein to protect and prime the discoveries until they have been isupected by the Owner`s repo:-P_rhtative and the TWDE. The Owner will promptly coordinate with the Texas Historical Commission and any other appropriate agencies to obtain any necessary approvals or permits to enabler the work to continuer. The Contractor shall not resume work in the area of the discovery until authorized to do so by the Owner. 12. EINDAINGERED SPECIES No activity is authorized that is Neely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Specks Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. WM70 f C Revved t 2/ I V2005 Appendix F 25 �6� If a threatened or endangered series is encountered during constructim the Contractor shall immediately cease w►o& in the area of the encounter and notify the Owner, who will immediately implement actions in accordance with the ESA and applicable State statutes. These actions shall include reporting the encounter to the Tip DB, the U. S. Fish; amd Wildlife Service, and the Texas Parks mW Wildlife went. obtaining any necessary approvals or omits to die the work to mwtinue, or unpliewcut otl:,:r mitigative actions. The Contmew shall not resurne nstructim its the area of the encounter until authorized to do so by the Owner, 13. HAZARDOUS MATER ALS Materials utilized in the projed ill be freer of any hazaerdous trials, except as may be specifically provided for in the specificatiau. If the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are sum by visual observation or smell to contain hazardous mate ais, the Contractor shall immediately notify the Etter and the Owner. The Owner will be responsible for the taming for and nanovai or disposition of hazardous materials on sites owned or controlled by the Owner. The Owner may suspend the work., wholly or in part during the testing,, nmoval or disposition ofhazardous materials on sites owned or controlled by the Owner. 14. PROJECT SIGN A pnject IDENTIFICATION SIGN will be provided to the contractor. The contractor shall erect the sign in a preeminent location at the construction project site or along a major thoroughfare within the community as directed by the Owner. 15. OPERATION AND NLAINTENANCE MANUALS AND TRAINING (a) The Contractor shall obtain installation, operation, and maintenances manuals from manufacturers and suppliers for equipment brnished under the contract. The Contractor shall submit three espies of each complete manual to the Engineer within 90 days aftcsr approval of sus dmawings, product data, and samples, and not latter than the date ofshipment of'each item of equipment to the project site or storage location. i The Owner shall require: t c Engfiuw to promptly xview each manual su tined :fig necessary corrections and revisit, If the Engineer rcje = the ersa nual, the; Contractor shall correct and result the manual uncii it is scoeptable to Engin= as bed in conformance with design ooncep€ of project and for compliance with informatim given in the Connact Documents. Owner may assess Co tractor a the for revie" of saint items in excess of three (3) tom. Such procedure shalt not be considered cause for delay. Accieptance of manuals by Engineer dom n of relieve Comer of any r txi:rements of terries ofCont-aa (c) The Contractor shall provide the sauces of teed, qualified technicians to check final edluipme w installation, to assist as sequimd in placing same in operation, and to act Ming personnel in the proper manner of perfonning routine operation and maintenance: of the equipment. (d) flpe bons and maintenance manuals specified hereinafter are in addition to any most, maintenance, or installation instructions rquire d by the Contractor to install, test, and start-up the equipment. WRD-701 C Revised 12/1512005 AMxndix F 26 ■ (e) ;Each manual to be bound in a folder and labeled to identify the contents and prujw to which it applies. The manual shall contain the following applicable items: (1) A lid of the nianufacturees identification, including order number, noel, serial number, and location of parts and service centers. (2) A list of recommended stock of parts, inchWing part number and quantity. (3) Complete replacement parts list. (4) Perkrmance dat2 and sating tables- (5) Specific instructions for installation, operation, adjustment, and maintenance. (6) Exploded vier drawmP for m4ior equipment item. (7) Lubrication requirements. (8) Contplae equipment wW4 diagram and control w1mrngtics with terminal identification. 16. AS -BUILT DIMENSIONS AND DRAWINGS (a) Conti for shall make appnVriaft daily me cements of facilitia constructed and keep accurate records oflocation (horizontal and vertical) of all facilities. (b) Upon Action of each fwility, the Contractor shall furnish Owner with one set of direct pnom marked with reed peril, to show -as-built dimensions and locations of all uric constructed. As a minimum, the final drawings shall include the following: (1) Horixmnal and vertical locations otwork. (2) Changes in equipment and dimensions due to substitutions. (3) `Nameplate" data on 4U installed equi;wnent. (4) Deletions, additions, and changes to scope of work. (5) Any otter changes made. For ty be su�snittwith executeCl cuntrracts. • Co.- "- of (E -103) cgn nc geAAct QfA ge s &c lu ed (ED-104) WRD-70I G Revert! } Zt 35/2M Aft F 27 WRD-267 T-25-i22 Resolution Standard Conditions for Tax Exempt Lens (W -267) 1 &at the bond counsel opmm rnstst wc.hxk an oputtots that the imcrea on the ob1isnions is excludable from gross =wme or is exempt from FcdeW imoura taxaziorL Bond cot l may sty an ce ,%cn= s and mpresritations of this issuer in rendering this opinion; thine she bond counsel opinion nit mclude an opium that the obliSa.#ions arc not "ptsrate activity " Lianas cots el nay rely on covenants, ata3 t-sstatiatss ofthae WVW on rig ttas oprnson; 3 that the ordinance/resolution authorizing the issuance of the obligations trust include that the proceeds of the oblilp6ornt aid the facilities fsntocad with the prooveds of the obfigatiorm wffl not be used in a rtsatiner dtat would cause the obhptwm w be'Vanivate uuvAyy bonds", 4 that the ordinan rt olution authorizing the issttartce of the obligations must include that the uswr will coniply %ith the provis� of Section 14S of the It unial l%svnist Code of 1986 (relating to arbitrage); S_ that the ordinaucciresoludatt autitsimiug the its.w ce of tx obligations raust tacbAle that the issuer will make any required rebate to the United States of arbitrage sang; 6 dw tlsc aft nxtscerrescslrit$ au arcing the mua= of the obhgaitions tr m include tit iris issw wn-l1 take no action which vmutd cause the inkrest on the obligations to be includable in gas income for Federal income tax puspo rs; 7 tbat the tronschpt must mchm e a No Akbini4p Certif Carr or stmikir crtificate s adiog foriti die itvs ressottabit: expectanotts regarding the use, err and ofthe proceeds ofdw obligatxosss; • that the trisuscOpt rxatxt vwhrde evidatr nisi ilea wfo :u%on reporting requirtn mist of Siection 149(e) of the Internal Revenue Cede of 1996 will ba satisfied. This resat is c Ten dye satisfied by mirig I S Form $038 with the Internal Revenue Service_ A tanilsktsdt copy of IRS Form 8032 truest be pro%- ,!,-:i to the Development Fund Manager prior to relewe of fronds; that slwc CttysThsuict: will not cause of peasant tins obligatons to be treated as ` ederally G uarawced" obligations wTdsna the tneanmg of section 149(b) of tie internal Rcvcmj,.- Code; 10 that this corsanitirmut is cowmgt nt an a furore sale ofbonds of on the availability of fonds on leased; 11. that the resolute wordittatsce auk the tsstsame ofobhgattim will spate that obliges can be caiiod fctr early rLtiomption only m inverse order of maturity, and on any date beginning on or aftcx the fine interest paynvni date wWch is 10 years from the daft d elate of the obligations; at a rtd=iption price of pier, loseth" with accrued mterest to rbe dwc fixed far Win; 12. that the political subdivision, or an obligated potion fat,*tans financial or operating data is presented citbet itdMdually or in corribinsuou with outer issuers of the political subdivr'rsrods obligations or oblipted perom vnIl. ax y usuntion, cam to conoy with its for conhuning distlorture cm in ongoing baits stbstartaaliy in die rrunner required by Securities ad Ex-cb xsgt Osseo (SEC) rule l5c2.12 and determined as if the hoard were a Participatiag Underwriter witlsin the rrseanusg of such rule, such ctsrztiuAng disckmn undertaking being for the bewfit of the Baud mW the bamficial owner of the politkal satbdivism's obis a. if the Board cells or odmwise transfers snub obligate,, and [be bcnefrcmi owrcrs of thr ®-Ua 4 bowls d the polidcarl subclrtrision is apt obligated pests wins refit to such banes ttmdrr rule 1Sc2-1.2, W'RD-7*IC Reviews 12i15i2ti0- Appendix F 29 WRD-276 Sf I3/04 Resolution Standard Conditions for Taxable Loans (WRD- 2e6) tWater Supply Corporation Conditions) I this commianetn is contingent on fimming from the Board's taxable bonds or such oilier source as tlee Board may hereafter deem . 2. that the Corporation's indebtedness to die Board shall be evidenced by (bonds/loons specifically secured by. a. a Hirst Bret or pgrft liens) on the revenues of the Cotporation'3 water system ("the sysWm'); and b. a TJ art 2 l l'a artt3rt9490 On the sys n. 3. that the Mood EMcghati WQL)atl aatocaNnt) contain a provision for the accumulatiM of a Reserve Fund. to be held by a depositary of the Cagwatitan. of no less than average annual debt service requirtments. to be a=imu a d in equxl fly iiiistallments over else initial suety (60) mouths following ft JM of c�asi�; 4. a1l fluids rec+elved by thtr Corporation from the Board pursuant to this conuninnent pending their use for die purpose for Which they► are borrowed s *Wm be secured by a pledge by a fibuincial institution of general obligations of the United States or obligations unconditionally guaranteed by the United States or invested in arfiordatce with the requttements of the Public Funds Investment Act. QaM 2256. T_eSn QMMM%d Cotl�; 3. that the COQ! , tl ticua9 g agrct tr nt) Contain a provision that no additkmal revenue bonds rtay be issued unless t►et system revenims for the last complete fiscal year or twelve (12) evnsecunve char month period ending not more than ninety (90) days preceding the adMum of addWanal bonds shall have oat less than 125 x the average annual debt ,serves reqyirenients after giving eflect of the ad4itiottatl bonds; 6. that the {kxaztd rest titn l at were Mlit} stall include a serial covenant prohibiting d3c Chan from ercuidbering, pledging or oth� ist"hin the revenues of the System in any manner to the payment of any obligations or with respect to any IWAity, except fear the pays nont of (1) mainwriance and operating expenses payable within the current fiscal year with current revenues budgeted therefor and (2) additional bonds issued in acoordanoe with paragrapit 3. and that the Cation will in no way encumber. plr c or otherwise finpok its title to rite land used for the: system or interests therein. or ittprovernents and facilites of ft system without prior Board approval; 7 that the fto MI&M&guar a tat) Contain a prMism that the cosporatioct will at all times maintain wW Mlect suftient rates and urges to pwduce gross system revenues in an Amount necessary tv: a pay all maintenance. operate and adtrdnistradve: expenses, b, meet the debt service requirements of all outstanding bonds/ ; and C. to trraitt°tam the ftulds esublubed and n**W by such resolutionAgAR agWrnqM; WRD-701CRevised IV I SIMS Appendix 31 S. if there is an existing roan of the Corp tion that is to be oumundinS of r ja 1999 ge bti petrsararu this coattrrritmgrt, the .lien or leas � the �d's loess shall be at lem on a parity with lien or lid securing such wing loan. 91 that the Corporation file a Deed of Trust with the County Cleric in which the property is located, and with the Secretary of State's Office, as per Section 33.01 et. seq. of the Texas Business and Commence Code, as evidence or the Board's first (or parity) lien mortgage security interest in the Corporation's system. to. that the Cow file a security instrument with the Secretary of He's Ufa, as per Section 35.01 et seq of the Texas Busmm and Comore Cok, to cvkkme the Board's securhy uArten in any equip eat day related w war achy and or sewer service, owned or to be actfutred by the Corporation; n; 11. that prior to closing, the Corporation obtain a committnent from a title insurance company, resulting in the issuance of a mortgagee policy of title insurance on the property owned in fee simple, upon which the Board will be given a (or parity) lien, first lien mortgage; 12. that the Corporation cure any defects or tires upon the property listed in Schedule C of the tide insurance company comment that toe Executive Administmtor for the Board deem necessary; 13. that time Corpor-adon preside the Board with an at y's lena of awe, rig to ft Corporation's easements. which states dear time are no known cornplai= or defects sfkcft the Casements; 14. that prior to closing, the Corporation will submit to the £attentive Administrator of the Board evidence that the Corporation's by-laws have been amended w include the following requirements: a. as long as the Corporation is indebted for a loan or loins mace by or through the Beard. the by-laws shall not be altered. a=mkd or repeated wridwuE the prior written consent of the Executive Administrator of the Board; and b the Coqwradw is a oopprolk Corporation and no part of the incom of the Cotporatim will be distribas d to the Corporation's members. di=tors, or officers; 13. that the ( p jirtionlllt>at _a. ernerttt contain a provision that in the event the Corporation converts to a district and the Corporation desires to sell its obligations to the district, the conveyance and the assumption of the Board's loan to the Corporation mast be approved by the Hoard prior to the transfer; lei. that the JkM r ►lWkg� sit t aMntl authoring the issuance of obligations will Wite that obligations can be called for early redemption only in inverse trier: of maturity. and on any date built on or after the fast interest paymut date which is 10 years fa, m the dated date or the obfigations, at a redemption price of par, der wtxb accrued inmfta to the date fixed for , 17 that the polifical stibffivisioa, or an obligated person for whom fimswial or operating data is presented either individually or in combination with other issuers of the political subdivision's obligations or obligated Persons, will, at a minimum, covenant to comply with WRD-701C Revised 12/1512005 Appendix F 32 rrquiratuents for continuing disclosure on an ongoing basis subsmntW]y in nct manner required by Securities and ExchaW Conwission (SEC) ruk i5c2-12 and d rmined as it the Board were a Partk*sting Underwriter within Ehe meaning of such rule. such coadouing disckm c umkrtWdng being for the benefit of the Sward and the beneficial owner of the political subdivision's obligations, if the Board sells or otherwise trans%rs such obligations, and the beneficial owners of the Board's bonds if the political subdivision is an obligated person with respect to swh bonds under role 15c2-12: WPW-701C Rcv 12)15,2W5 Appc"x F 33 This is to certify that da SITE CERTIFICATE (ED-101) tUwn Name orAPPI"nt, i.e.. MY. DbVkt, era,) ED-101 011031 0 has now a guimd, taken bona fide optiow on, or initiated foarriml condenmatiott proceedings against all property (sites, easements, rights -of -way, or specter = pis) necc=q for construction, operation and maintenance of (water) (wastewater) facilities described as MVPMWComm s',,AW Va"Fam) in accordance with plans and specidit:atio rr s approved by the Texas Water Deveiop== Board. Any deco or documents required to be recorded to protect the title(s) field by lave been recorded or filed for record wherever necessary. In the event of conflicts with existing undergmad utilities, or to preserve unknown cultural r r historic resourr , the tNz= osAppbcsft) has the fright of entlnent domain and will take condemnation action, if necessary, to acquire any sites, casements or rights -of -way which may be required to change the location of any of the f3cllities described above: and upon aegnisition of the rights -of -gray and recording of doc meats, will submit another site ccrtificwe to that effect. EXECUTED this day € .20 (TWO Note: This certitirate NPJST BE LXECVTTEb RV As'N AWORNEY OR AN ABSTRACTOR qualified to evaluate Ilk¢ Applicant's interest in the site and make such a determination. *'RD-70I C Rcwised IV 1 SCM Appendix !: 35 WP.DC M t►±a4m Groundwater Rights QUESTIONNAIRE (WRD208a) Jms Was Co& Secom 17.123) Section 17.123 of the Texas Water Code requires that before the Beard can deliver f=ds to an applicant pig underground water development, the applicant mint supply information from which the Executive Adrninistratw can make a written finding that it has the right to use the water that the pwj= will provide. In order to provide the necessary facts upon which the Executive Administrator can make the fndinp required for the resolution, you are requested to complete and return this Questionnaire. 1. Does the applicant Lawn the land at die well site? _ (If not, what is the applicant's intent regarft*, the site?) 2. Have the water rights been conveyed away by the applicant at its predecessors in title, or nerved, prior to the applicant's acquisition of the land at the well site? 3. Is the project locMed in an underground water radon district? 4. If the answer to 3 is yes, has any necessary permit been obtained? (AA affidavit iron a title comfy wing questions 1, 2 and 3 is required by the BoardJ S 1 �7.� the day of 21200 Name Title WRD-701C R,cvtsW JZ/JY E%1S Arc F 37 ED-ttT2 2r 1at" BREAKDOWN 4F BID (ED-902) FX m F (nw bjJ ts►r*doVa m M hMod w drt == J.%Utt .) Isem lnh Na. aQipa3 VUH ert" tmwtot t . Borg! 2 Matt to com I S. 3. F--*4 1.5. a In Pbct xx 3 s dc�a x &Y mow: C Y 7 rfUi CG y 8. watomp L.F. 9. CD=C a {trp CLAW G Y. b0. ttcioforcina SWI LBS. t i �i s;st[a crx�r erd SttW.Wi t StrCI t.,S. I: Gera C- Y t 1. gc Boy *ssnC C Y to Coomm Farr S F is, RC&wood 16. Biawer Butwmj Cam+. E=qx Ccmrc" 17 Ufk ssatim comp. FmVpt Conccm t..s. 18 Yxd Fipmg. Vatrsa. Futimp, crc LS AM adw P*m& VAves. Fps, ems. t_ S tr�'ts ~ 4' � Chr4cr Egqww# L.S WRU-701C Revised 12/1512005 Appestdix F 45 LDA hae t"rlty prim AW4VUW Ift 0004MM - 22. �. 23. Its mu act Ls. 24. All Wckt. IUMos. Cares. awJ Trwvghs Ls, 23, Row Uter. chwruLwf. Scab, W4 How LS 26 ors shifte Bra-17 L� Stem and L S 79. Yarixble Sp"d Pans 2rW GtsM011crs L.S. 19. Motor c4ovol centers L.g. 30. CAXUUMFAN LS. 31 AEIs sgr I-S 313 AJ*U=v I S. 32_ Labwmrr UwvmaK ComMata 32a- Lab-mory aw" L.S. -A). z L S 34 rumms 2m P Ls 33 L4ndtca L.S. 36, Inckratur LA 3g. !6%ga�ez L� S4.bqxqxmmL.S 40 Sim wort I..S. 41. Trmh Sa" L Ie• TOTAL BASE BID S WRD-701C Rcviftd 12j] 5i200 Arc P 46 WftD-238 07t2 )M EXAMPLE NO -LITIGATION CERTIFICATE (WRD-238) THE STATE OF TEW � C� 4F WE, the wxklvignecl, officalS of The ... �..� w "j 4o ha oertilfy as fol[lows; (1) That this Candicate is executed and delivered with refcm=c to the following described boAds; „ " dated _ "Bound Date'), in the aggegate principal a must of (tbt "Bands"). (2) The Bonds have been duly and officially executed by the amid with their rrtaaual or fm3imile signatw es to rive same marmer appainng tha� and the undcrstped heresy &&Pt a W Certify thm rive Ogmum in the rnamw appearing on eacb of the: Bands w1w1 e r in amnual of 4"irrdle fom as the case may be, as these true, Venuinc. and official r4pstures. 3) Thu on tilt date of adoptm o( d3c poet authoriaissg the ) and an the dine hoof, we we ve arA at V%* clay j�-ZSW and ate of#iets iodi"tc'd dwren and audwmzed to exemm the (4) The kpily adopted proper and afiicial corporate seal of the issuer is impressed, inVxiuted. of lithographed on all of the Bonds mid irnpivsse d on this certificate. (5) No litigation of any nansre is now perms before any federal or state Court, or administrative body, or to our knowledya tlsreamnerd, steking to rcmwn or enjoin the umme or delivery of the Dands crqummionmg the issuance of sale of the 8o , flit audwrity or acn on of the gove:rrstteg body of th a Isar relates to the issuance or sak of the Ronds, tine pledge of Pledged Rxvmr i w M the ptincipal of and intomi on the meads, or fleet wmW odwrwise adversely aft in a mascrial tnaaeser the feral oondom of the issuer to pay the pdmqW of no =scrm on the Boods, and dw neither the corporate to exioence or boundaries of Eb a lame nor rite right to hold oTwe of any mcn*a of the pvcruzng body of the itsner at arty other eUvied or appowsod owl of the Isttner is baq c xetd or od=rwne qaestionod, (+6) No audwrky or ptocecdkC for t3tc issusuce� sale, or delivery of the Enamels, ,passed and adopted by the govertittsg body of the Issuer, has been amended, repealed, revoked, rescinded, or odmwise modified since the date of passage dwreo€, and all retch proceedings and authority relating to the issuaocc and sale of the Bon& remain in full force and effect as of the date of this certifloate. (7) The Deer btreby awes the Office of the Attattraev Ge wM to clans this t,,raaifcaae the date of defivery of ate 3ppr*vmg opttakm aW agrees to tr tear Office of the Atsotney Gerd of any chi aItb respect to tba Ccratirk4te or =y based documc= to ash it is a parry that are =de btrwm the date of =hi opium asaci ft e37,4r ofaosms. WRD-70IC Revised 12A V2005 Appeadix F 47 EXECUTED AND DPILIVEMD this (bswes sea!) (CEO) (SecretaryrTremmr) THB STATE OF TEXAS COLDMES OF _ AND Before me, the undeniped. a y Pubhc, on this day pasomHy appcutd CNAW kwwn to are to be the f 4 )ftisint jjW wo (Narm) known to rm to be the (Mial.,jitl I and who in my prmace c Wh executed thu imuruvrrent before me in the capacity mpmuntod and each of said perscds aigaatum is genuine. GJV DE UNDER MY HAND AND SEAL OF OFF, dut the day of (Nowry ) NOWY Pagill. Star afTexas VWI )-7DtC Revised 122fMW Appeoft F 48 1Vk -264 (2•25-05) ti 'TEXAS WATER DEVELOPMENT BOARD 3 eater Conservation Utility Profile (WRD-264) The purpose of the Utility Profile is to assist with water conservation plan development and to ensar'e that important information and data he considered when preparing your water conservation plan and its target and goals. Please complete all questions as completely and objectively as possible. See Grater Conservation Plan Guidance Checklist (WRD-022) for information on other water conservation provisions. You may contact the Municipal Water Conservation Unit of the WDB at S 12-936-2391 for assiswnce. Name of utility: Address & Zip: Telephone Number: Form Completed By: Signature: Fax: Title: Date: Narne and Phone dumber of Person/Department responsible for implementing a water conservation prograrn: Nmw duo: ,0. f;•;-�• �e'i Y.f ••dyyy ?.}S 't . �' :.. mot.... , ,1 L CUSTOMER DATA A. Population and Service Area Data 1. Please attach a copy of your Certificate of Convcrumico and Necessity (CCN) from the TCEQ 2. Service area size (square miles):. WRD-701C Revised 12i1S,'M Appe"x F 49 B. I Current population of service wm 4. Cunvat population served by utility: a: water b: wasterster S. Pop"on served by Rater utility 6. Projected population for for the prCvt*US five years: son -ice area in the following decades: Year Population Year PopuWion 2010 2020 3 200 2050 - 7. List source(syroathod(s) for the calculation of current and prqiccted dole .Active Connections Current number of active connections by uscr type. If not a separate cWmAcation, check whether multi-fwnily servsre is counted as Residential or Commercial TreaW water` us rs: Not-riMeLOA tad Residential-Sirigle-padly Residential -Mufti -Family Commemial Industrial -------Ptnblic Other WRD-701C Rrvtwd 12115/2005 Appmft F 50 2. List the net number of ngrw iconnections per year for most recent d= Years: Year Residential —S*a-Famjl+y %midential-Multi-Family Commercial Industrial Public Other C. high Volume Customers List annual water use for the five highest volume retail :used wholesale customers (Please indicate if treated or raw grater delivery.) Indicate Cyst= UW ( i ,t7 ORR1 JYs) Treatrxl ()R - w WR-D-701C Revised 1211512005 Appendix F 51 11. WATER USE DATA FOR SERVICE AREA A. Water Accounting Data 1. Amount of water use foT previous Five years (in 1,000 pl.): Please indicate: Divcncd Water Treated Water Year January Februiry - March April May Junc July - August Septber October November December Total Please indicate haw the above figures were determined (e.g., from a miner meter located at the point of a diversion fro€n a stream or located at a paint whew raw water ewers the treatment pla:.-:. or from water sales). 2. Amount of water (in 1,000 ,gallons) delivered (sold) as recorded by the fonowing account types (See #f 1, Appendix A) for the past five yem. Ysx Ruud-c=al Commercial LindlistTi2l MDiolgRl Other atAI Sold 6VItI)-701C F.rVU4d 12 1-2005 App=b&x F 52 3. List previous five years records for water loss (See #2, Appendix A) ear Amount (gala 5, Year b. 4,List previous rive years records for annual peals -to -average daily use ratio (See ##3, Appendix A) Year Am=,MOD Peak M-GD Rgio Total per capita water use for previous five years (See #4, Appendix A): Total Diverted (or Per to Population Treated Less Wholesale JgRgdI Sales (1,000 gAU Seasonal water use for the previous five years (in gallons per person per day) (See #S, Appendix A): Base Per Summer Per Popul C ita Tss Capita Use B. Projected Water Demands Project water supply requirements far at least the next ten years using population treads, historical water use, and oconamic growth, etc. Indicate sources of data and haw projected water demands were determined, Attach additional sheets if necessary. WRD-701C Revised IVIS!2M Append x p 53 ill. WATER SUPPLY SYSTEM A, Water Supph Sources List all current water supply sourcts and the amounts available with each: 52—urs—e AM2= As°aalable Surface Water. MGD Groundwater. MCD Contracts: M3 tauter: MGD B. Treatment and Distribution System t, iesip dairy capacity of system. MGD 2 Storage Capacity: Elevated MCD, Ground MGD s. If swfice water, do you recycle filter backwash to the head of the pit? Yes No I if yes, approximately _____y__ MGD- 4- Please describe the water s' include the ttu nbe r of treatment pests„ wrens;, and stmge tanks. if possible, include a sketch of the system layout. IV. WASTENVATER UTILITY SYSTEM A. Wastewater System Data 1. Design capacity of wastewater treatment plant(sr MGD 2. Is treated elm used for inigatt on -site , off plsnst washdown , or dill rination1decttl wination _ ? If yes, approximately gallons per mondL Could this be substituted for potable war now being used in dwse areas ? 3. Briefly describe the wastewater system(s) of the area serviced by die :water utility. Describe how treated wastewater is disposed of. Where applicable, identify treatment plant(s) with the TCEQ name awl number, the operator, owner, and, if wastewater is discharged, the receiving stream. Please provide a sketch or snap which locates the plant(s) and discharge points or disposal sites. WRD-701C_R.t urd 1VIY2W5 AixmF 54 S. Wastewater Data for Service Area 1, Percent of water service area served by wastewater system: _° 2. Monthly volume treated for previous three years (in 1,000 gallons): Year January ;February March April May June �m..,.,.... July August September October November December Total tVRD-701 C Revised 12=15j'2005 Appendix F 55 Appendix A Definitions of Utility Profile Terms Residential�M� should include ham sold to residential (Sia and Multi -Family) cl custorn,cm only Industrial sales should inclWe rater sold to manufacturing and outer bcwvy may. Commercial s aics should include water sold to all recoil busies, offices. hospitals, etc Wholesale sales should include water sold to another utility for a regale to the public for human emstmtption. I Wstter Low is the differertce betweeri water .a utility purcham at pmduca MA the amount of wit" that it can account for in ules and other known uses for a given period. Water loss can restelt &aur- 1. kw"-urata er inca>nplete record keeping; 2. meter error, 3. unmetered uses such as f=fighting, line flushing, and water for public buildings and water treatirCot phMU-. The peak -day to average -flay ratio as calculawd by dividing the maxim rn daily punnne fin m ileou gallons per day) by the average daily age. Averar mil' puinpage is the total pumpage jar that year (as reported in Section ICA 1. p, 4) divided by 365 and expressed to million pitons per day Total use in gallons per capita per day is defined as total average daily amount of neater dsvestsrd or pumped for Mmtmant for potable use by a public ester supply Mean, The' catenation is made by dim the water divwt d or pua*cd for tSreatmcnt for portablie use by population ;,ve vcd.. hKbz=t retm vaolu t 3 shall bs crested arpuW toW dim -,oh=ws for the purpow of calv-alsfiao galls per cVft per day for targets and V215 1> for fate water conservation plan. Total water use is caticulated, by Ming the whol le sates from the total water divertcd or treated (as reported in Section Lill I). S. Seasonal seater use is the difference betwm base (winter) daily per capita use and surnmer daily per capita use. To mlcadate the base daily per tape use, average the rely dims for Jau uvy, and February. and dtvxk this average by 30. Tbcn divide this 6gum by der populatian To calculate tier summer daily per vapha ost use the months of Junc, hdy, and August WRD-70 1 C R; used 1 V i 5n2005 AppendLxF 56 WRf-265 October, 2001 Dilater Conservation Program Annual Report (WRD-265) For Queuiws or inforrnati on call: Adolph L. Stickelbault 512-936-2391 Municipal Water Conservation Lint adolph.stickelbault@twdb.state-tx.us Texas Water Development Board (7WDB) Rules require that entities that receive financial assistance of more than $500,000 implement a water conservation program for the life of the loan, and report annually for at least 3 years on the progress of implementation. A water conservation plan should contain long-term elements such as ongoing public education activities, universal ►z:etedng, water accounting and estimated water savings from reuWrecycling activities, leak detection and repair and other conserve Lion activities. The following qu+esuom are designed to proriule the TWD8 this inforrstion in a concise and consistem format for all loan redpiera. Please: fill in the b1miks that putt to ymm ping= as compIcUly and objectively as possible. As you complete the report farm, plus review your utility's water conservation Irian to .see if you are making progress toward meeting your stated goal(s). .Return completed form to: Executive Administrator Texas Water Development Board P.O. Box 13231 Austin, Texas 78711-3231 ATTN: CONSERVATION WM70IC Revised 1211512005 Appendix F 57 LONG-TEICNI «'ATER CONSERVATION PROGRAM 1. l elucation and Information Pragra (TWDB Rules require a continuing program that at minimum provides tonservation information day to each customer, one other type of annual educational crater conserrvation :activity and to provide water canservstion literature to new customers whew they apply for service) What is the total number of water mmerntion broehum that your utility mailed to its ctmxnm during else last 12 results? How many handouts were distributed to custoram by field employees, at the utility office, and Other programs and events? Number r of wow ammiNatarna aroxies pubbsbed m local is spaper(s) Which months were conservation messagea printW on utility/water bills? In additum. dw following tdueation acticzties were condatcted dx=V the repor=g period (preseritanons, school programm, exittbits, television, radio, etc.). 2. Water Conscrval}un Retrofit and Plumbing Rebatt Prrr=rus. lh-vv you condwed a plumbing retrofit or rebate progm rn during the last 12 rr: n Is? _,_,Yes No If yes, &ppro.cirnately laouscbolds received kits/rebates. please describe your program and list specific items provided or types of fixtures rebated 3.. ! o 1jrvsaQgn — Oriented Rgte Structure Have your rates or rate structure chartged since yma IsaA report* Vitas No If yes, please deu--n`be the changes and attach a cagy of Ow new rate structure, If you purchw %tier from a wholesale supplier, is this a "take or pay" contract? —Yes Ito if yam, what as }ua menunum-*vhune to twice? R'RD-701CRevised U1151 005 Avpeadi%F 58 $. I?ni, ve LM9eteriag_and lI VWJ ( '%I)B Rates require t%t your utllity undertake menures to determfut and control 18 nacco anted for water, universal metering of bath customer and public oars, perms ureter to log and repair, and distribution "em leak detection and rear) In the first blank fill in wtal ,number of meters in your rtduy for e2vb type or size of meter. During the past 121 ems, what vas the nub of (syvera- e): »uctm (master) meters— (bowl), ten_, repabvd __ .-_— mpl cd Dieters larger than l Va" _ (total), teed repatted , rcphicod Meters 1 W' or smaller �,(totol), tested repainexi _ replaced . 5, WafSr trdits and Leak 12etectlan a. The total amount of wakT purchased or produced during the last 12 months was b. The total amount of account (metered) water sold during the last 12 months C. i'he total amount of identified and estimated (known & explained) losses d. The total amount of lest water (unexplained missing water) e. Mutt as ymw water loss pertxtAW (fine d. + litre a. x 100) Y How often do you calculate %rater lass or audit the %wer to arm? Mimes per Yew) Ivy of lei repaired d the system arrd at Free icom=ftoins Please list the main cause of eater tau for water in your system: (des • lrxft, un-metered utiftty or tay user, probbots ,Aitls m=fer° ewer. cunonmer nwers, rewrd and dara problem, etc.): The TtVDB offers free technical aisslxtauce regarding leak detection and unaccounted for water. To find out more about this free service, please place checkmark an left. WRD.701C Revised 12JI512005 Appel& P 59 6. 1Vott�r-C'ao5ei"irsg�n+�sraan Please list any water -conserving landscaping programs. educational activities, or ordinances enacted during the last 12 months. 7. Qther_CQrnments List any other water consmation activities your tttiliry is conducting. DRVUGiTT CON-IINGENCl'/EMERGENCY WATER DEMAAID MANAGEMENT S. During the past 12 noon lu;, did your utility find it aecessmy to activate its the Drought CaawngencyMmajaicy Demand Manags anent Plan? (Plem dieck ow) —Yes _ No If you w4wered yes, was the wed due to. (Plessc check all applicable) (1),,,Y,,,,_ water sltra ugc, (2) .,,,,_. high demand, (3) — inability to treat or pump water at required rates. (d) equipment failure, or (3) _,,,,,, other causes7 If you ansv6rered yes, wiw mtre the sLaung and czidmg dates. Start Date (nuWdd/ys) -- Ending Date (mm/dd/yr) 9. Recycling and R."Ic of Water or Wastewater Effluent Whs typos of wam rety6ng or rtvw =dvtties arc prsaxtd by yow utility' £myjAm cat 17 ,J:;art, Vc}caaag fib= buk-wk a usiai c iu=4 for won w WAsWw*a pit, etc. 10. The recyding and/or reuse (In Question 9) amounted to approximately _ __ gallons per month for months. (Number of months) i i, ,AM04 aftly bow mach water did the aantility sane durkC the repord#ng period bast to the overall cousmation program? [Review your water conservation plats rt rding your zpcd and/oE other goatfsll Million gallons. WRD-701 C ReVI=4d IV 15/2005 Appendix F 60 EFFECTIVENESS OF THE PROGRAM lResiew the stated pal(s) of your water eon"ruattion plan to gauge efreetiv a f 12. in your opinion, haw you would roc the cffacthvtN= of your utility's consm=on program? Effective Sonwwhat e#iective Less than ei tive _ _ Not d1eWve—.m- _ 13. Does the staff of your utility review the conservation program on a regular basis? Yes No How oltert? Year your plan was approved 14. What types of probkm did your utility encounter in tmentin11 the eater cation program during the last 11 monde 15. What might your utility do to improve the effectiveness of your program? 16. What mi& the TW DB do to uvprove the effectiveness of you ? 17. If known, how much expense has your utility incntrvd in implementing this program during the reporting period (literature, materials, staf'timA etc.)? fdollwstyear) 18. If known, how match did your program save? 5 (dollaWy ew erased on water savings and treau rent or pumbm of waster cots aW any deferred capital oasts due to conumt ). To ensures we address future cmimesponderme to the propwperson, plersse type or print the follooft. l `iitle Phone Fate Email address: Far a list of five techn.ieal as3iswwe srrr+rces available from the TWDB, please write or call at 512-4+63.7955. or check out our website: htt�:{ttwt#bMate lac.au�a�ci{tatncefctinsrrr orlon Return caropleted farm to: Executive Administrator Teas Water Dvvdopment Board P.O. Box 13231 Austin, TX 78711-13231 ATI'N: CONSERVATION WRD-701C Remised IV1512005 Appa Aix F 61