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HomeMy WebLinkAboutResolution - 3553 - Grant Application - Texas Water Development Board - Long Range Improvements, WTF - 02_28_1991Resolution No. 3553 February 28, 1991 Item #21 A RESOLUTION requesting financial assistance from the Texas Water Development Board under the State Revolving Fund loan program; authorizing the filing of an application for assistance; and making certain findings in connection therewith. WHEREAS, the City Council of the City of Lubbock, Texas hereby finds and determines that there is an urgent need for the City to make certain capital improvements to the City's wastewater facilities, and deems it necessary to apply to the Texas Water Development Board for financial assistance under the State Water Pollution Control Revolving Fund (the "SRF") and; WHEREAS, in accordance with the rules and regulations of the Texas Water Development Board as set forth in State Revolving Loan Fund Permanent Rules, Chapter 375, the governing body of the City is required to adopt a resolution to accompany such application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance under the SRF in the amount of $50,600,000 to finance the costs of certain improvements and extensions to the City's wastewater facilities (the "Project"). SECTION 2: That the City Manager of the City, Larry J. Cunningham, is hereby designated the Authorized Representative of the City and is hereby authorized to execute and submit to the Texas Water Development Board the application for such financial assistance; and said City Manager, together with bond counsel, financial advisor, and consulting engineers named in such application, is hereby authorized to appear before the Texas Water Development Board in support of such application and Project. SECTION 3: That said City Manager as Authorized Representative, is further specifically authorized to make the required assurances to the Texas Water Development Board in accordance with the rules, regulations, and policies of the Texas Water Development Board. SECTION 4: That a certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Texas Water Development Board. PASSED AND ADOPTED, this the 28th day of February, 1991. CITY OF LUBBOCK, TEXAS ayor City Secretary APPROVED AS TO FORM: (City Seal) City Attorney -2- 5 9 3 2 E United States Environmental Protection AQency Wsshinyton. DC 20M Form Approved. EPA Preaward Compliance Review Report For OMB No.2090-0014. Wastewater Treatment Construction Grantsl Expires 8-31-89 N : R d Instructions Qn RevReversp B f r m l ling Form, 1. A. Applicant (Name and State) B. EPA Protect No. City of Lubbock, Texas SRE #3104 11. A. Are any civil rights lawsuits or complaints pending against applicant? El Yes t'�.� No 9 "Yes,' list those complaints and the disposition of each complaint. 11. B. Have any civil rights compliance reviews been conducted during the two years —1 Yes Q No E] prior to this application for activities which would receive EPA assistance? If "Yes,' list those compliance reviews and status of each review. Ill. A P2pulafion Characteristics Number of People 1. A Population of Entire Service Area 186,206 8. Minority Population of Entire Service Area 59,586 2. A Poputation Currently served 18 ,1 1 B. Minot'Minotity Po uEation CufferOy Being Served 58,707 3. A- Poputation to be served by project 186,206 8. Minority population to be served by project 59,586 4. A. Population to remain without service O B. Minority poputation to remain without service 0 S. N entire community under the applicant's jurisdiction is not served under the existing facilities or will not be served under the proposed plan, give reasons why. Areas not served by the existing wastewater system are areas either recently annexed or sparsely populated. These areas will be served as development warrants or by citizen request.. The wastewater treatment facilities to be constructed by SRF monies will be designed to serve the population of the entire service area. C. Give the schedule for future construction by which treatment system service will be provided to all inhabitants within applicant's jurisdiction. If there is no schedule, explain why. Future construction of wastewater collection system mains will be as development warrants, by citizen request, or as required by annexation policies. D. Is another Federal Agency being asked or already providing financial assistance to any Yes Q No construction associated with this project? I('Yes,' list the other Federal Agency(s), describe the associated work and the dollar amount of assistance. E. 1iVill all new facilities or alterations to existing facilities financed by this grant be Yes X No designed and constructed to be readily accessible and useable by handica pped persons? If 'No,' explain how a regulatory exception (40 CFR 7.70) applies. Because of the intended use of the treatment components of the new facilities and alterations to existing facilities, accessibility to these components by physically handicapped persons will not be included in the design. IV. Certification 1 certify that the information given above 1s true and correct to the best of my knowledge or belief. w-i:1ffu& false. ! S:,Ction Signature of Authorized Official B. Title of Authorized Cfficiai C. Date i.�trry J.-Cunningham _ city ofLubbock, toTexas For he U.S. Environmental Protection Agency Regional Director of Civil Rights - Date Approved Q Disapproved EPA Form 4700-4 (Rev. 11-86) Previous editions are obsolete. SRF #31d4 EPA Project Control Number untied Stites: Erwkmmorthl PlroWdon Agency wutington, DC Zs W Certification Regarding Debarment, Suspension, and Other Responsibility- Matters The prospective participant certifies to the best of Its knaoledge and belief that It and Its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared Ineligible. or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal bean corMcted of or had a civil judgement rendered against them for commission of fraud or a cdmirsai offense in connectkxt with obtaining, attempting to obtain, or performing a public (Federal, State, or iota[) transaction or contract under a public transaction; Wiation of Federal or State antitrust statutes or commission of embeMemem theft, forgery, bribery, fatsNication or destruction of records, making false statements, or reoWng stolen property (c) Are not preserttfy Indicted for or oftrwise alminatly or dully Charged by a government (Federal, State, or k )W with oonvnissfon of any of the offenses enumerated In paragraph (� 1)b) of this bent; and (d) Have not wfthln a three-year period precedlr� ttsls application/proposal had one or more public transactions (Federal, State. or local) terminated fa cause or defautL I understand that a false statement on this cErt?ficatlon may be grounds for rejection of this proposal or twn*Qtion of the award. In addition. under 18 USC Sec. 1001, aWse statenwtt may result In a line of up to;t0,000 or Imprtsonmertt for up to 5 years, or both. Larry J. Cunningham, City Manager, City of Lubbock, Texas Typed Name 8 Title of Ilsstltort=ed ApprotentsOve %S, Signature of Aaft&ed ❑ I am unable to certify to the above statements. My explanation Is attached. EPA Form S70049 tt 1-dai CERTIFICATE OF COMPLIANCE AND AFFIDAVIT OF AUTHORIZED REPRESENTATIVE THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK § BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day CAME AND PERSONALLY APPEARED, Larry J. Cunningham, City Manager and Authorized Representative of the City of Lubbock, Texas (the "City"), acting for and in behalf of the City, pursuant to and by virtue of the provisions of a Resolution adopted by the City Council of the City on the 28th day of February, 1991 (the "Resolution"), who, having by me been duly sworn, says upon oath that in accordance with the said Resolution and pursuant thereto, he, the said City Manager and Authorized Representative, has assured and does hereby assure the Texas Water Development Board that the City is authorized and empowered to comply with the required conditions for financial assistance from the Texas Water Development Board under the State Water Pollution Control Revolving Fund for the purpose of improving and extending the City's Sewer (Wastewater) System (the "Project"), which Project will provide benefits to the residents of the City, the State of Texas, and other interests, and that the City will participate in the said Project in accordance with all laws of the State of Texas, and all rules, regulations, and published policies of the Texas Water Development Board, and specifically further assures the Texas Water Development Board that: (1) the facts and representations set forth in the application for financial assistance authorized by the Resolution (the "application") are and will be true and correct, to the best of his knowledge and belief; (2) if such financial assistance is granted, the City will cause the Project to be constructed in accordance with the representations made to the Texas Water Development Board in said application and accompanying exhibits; and (3) the City will hold and save the State of Texas harmless from any damages due to construction and maintenance of the Project. Larr Cunning a City'Manager City of Lubbock, Texas SUBSCRIBED AND SWORN TO BEFORE ME THIS 28TH DAY OF FEBRUARY, 1991. Nota y Public in and for the State of Texas NOTARY PUBLIC SEAL My Commission Expires: O ;'Z5 —� -2- 6 0 2 0 E �3 �s 133 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows: 1. That on the 28th day of February, 1991, a regular meeting of the City Council of the City of Lubbock, Texas was held at a meeting place within the City; the duly constituted members of the Council being as follows: B. C. MCMINN MAYOR T. J. PATTERSON MAYOR PRO TEM BILL MALOY COUNCILMEMBER GARY D. PHILLIPS COUNCILMEMBER JOAN BAKER COUNCILMEMBER MAGGIE TREJO COUNCILMEMBER M.J. ADERTON COUNCILMEMBER all of said persons were present at said meeting, except the following: none Among other business considered at said meeting, the .attached resolution entitled: "A RESOLUTION requesting financial assistance from the Texas Water Development Board under the State Revolving Fund loan program; authorizing the filing of an application for assistance; and making certain findings in connection therewith." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion being made by Councilman Malov and seconded by Councilman Aderton J. the resolution was finally passed and adopted by the Council to be effective immediately by the following vote: 7 voted "For" 0 voted "Against" _abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the Council of the City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of the meeting was given to each member of the Council; and that said meeting, and the deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the above entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article 6252-17,-Section 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the 28th day of February, 1991. City Secretary, Cit o Lubbock, Texas (City Seal) -2- 5 9 3 1 E United States Environmental otection Agency Washington, DC 204M Form Approved. EN A Preaward Compliance Review Report For OMB No. 2090-0014. Wastewater Treatment Construction Grants Expires B-31-89 Note: Sd Instructions onRv Befgre CompletingForm, 1. A. Applicant (Name and State) B. EPA Proiect No. City of Lubbock, Texas SRF #3104 If. A. Are any civil rights lawsuits or complaints pending against applicant? Yes X� No It 'Yes,' list those complaints and the disposition of each complaint. II. B. Have any civil rights compliance reviews been conducted during the two years Yesd206 prior to this application for activities which would receive EPA assistance? If 'Yes,' list those compliance reviews and status of each review. II A. Population Characteristics Numbe 1. A. Population of Entire Service Area 1868. Minority Population of Entire Service Area 592. X Population currently served 18 S. Mino ' Po ulation Current Bein Served 58 9. A. Population to be served by project 186,206 B. Minority population to be served by project 59,586 4. A. Population to remain without service 0 B. Minority population, to remain without service 0 B. If entire community under the applicant's jurisdiction is not served under the existing facilities or will not be served under the proposed plan, give reasons why. Areas not served by the existing wastewater system are areas either recently annexed or sparsely populated. These areas will be served as development warrants or by citizen request.. The wastewater treatment facilities to be constructed by SRF monies will be designed to serve the population of the entire service area. C. Give the schedule for future construction by which treatment system service will be provided to all inhabitants within applicant's jurisdiction. If there is no schedule, explain why. Future construction of wastewater collection system mains will be as development warrants, by citizen request, or as required by annexation policies. D. Is another Federal Agency being asked or already providing financial assistance to any Yes x� No construction associated with this project? If 'Yes,' list :tie other Federal Agency(s), describe the associated work and the dollar amount of assistance. E. Will all new facilities or alterations to existing facilities financed by this grant be yes X No designed and constructed to be readily accessible and useable by handicapped persons? M "No." explain how a regulatory exception (40 CFR 7.70) applies. Because of the intended use of the treatment components of the new facilities and alterations to existing facilities, accessibility to these components by physically handicapped persons will not be included in the design. IV. Certification certify that the information given above is true and correct to the best of my ki ,owledge or belief. willful& falsel S,+ction Signature of Authorized Official B. Title of Authorized Officiai C. Date 3 6 Larry J.-Cunningham city Manager (:it of Lubbock, Texas UV For he U.S. Environmental Protection Agency Regional Director of Civil Rights ate Approved f—I Disapproved 1: EPA Form 4700-4 (Rev. 11-86) Previous editions are obsolete. i Instructions Assistance recipients must comply with the following statutes by virtue of receiving Federal financial assistance. Tide VI of the Civil Rights Act of 1964 provides that no person in the United States shall on the grounds of roce,color, or national crgin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Act goes on to explain that the title shall not be construed to authorize action with respect to any employment practice of any employer, employment agency, or labor organization (except where a primary objective of the Federal financial assistance is to provide employment). Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act provides that no person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance under the Federal Water Pollution Control Act, as amended. Employment discrimination on the basis of sex is prohibited in all such programs or activities. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified handicapped individual shall solely by reason of his handicap be excluded from participation in, be denied the benefit of or be subject to discrimination under any program or activity receiving Federal financial assistance. Employment discrimination on the basis of handicap is prohibited in all such programs or ectivitie,. The Age Discrimination Act of 1975 provides that no person on the basis of age shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. Employment discrimination is not covered. Age discrimination in employment is prohibited by the Age Discrimination in Employment Act administered by the Equal Employment Opportunity Commission. Title IX of the Education Amemdments of 1972 provides that no perosn should on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Note: on education program or activity is not limited to only those conducted by a formal education institution. The primary purpose of the treatment works construction financial assistance program under the Federal Water Pollution Control Act, as amended, is development of water pollution control facilities. Accordingly, the information on this form is required to enable the U.S. Enviornmental Protection Agency to determine whether prospective recipients of treatment works financial assistance are developing treatment system projects on a nondiscriminatory basis as required by the above referenced statutes. Submit this form with the orginal and required copies of applications, requests for extensions, requests for increase of funds, etc. Updates of information are all that are required after the initial application submission. If any item is not relevant to the project for which assistance is requested, write "NA' for "Not Appplicoble.' ITEMS 1. Self-explanatory. II.A. 'Civil rights lawsuits" means any lawsuit or complaint alleging discrimination on the basis or race, color, national origin, sex, age, or handicap pending against the applicant or entity which actually benefits from the assistance. For example, if a city is the named applicant but the assistance will actually benefit the Department of Sewage, only civil rights lawsuits involving the Department of Sewage whether named as a party or not should be listed. II.B. 'Civil rights compliance review' means any review ossesing the applicant's compliance with laws prohibiting discrimination on the basis of race, color, national origin, sex, age, or handicap. If any part of the review covered the entity which actually benefits from the assistance it should be listed. if it did not, the review should not be listed. IIi.A. III. B. Give populoti-n of Applicant's treatment system jurisdiction, broken out by categories as specified. If there is a significant disparity between minority and nonminority populations to receive service, not otherwise satisfactorily explained, the Regional office may require a map which indicates the minority and nonminority population to be served by this project. "Jurisdicti„n" means the geographical area over which Applicant has authority to provide treatments works service. Self-explanatory. Self-explanatory. EPA NORM 4700-4jRev. 1 1-861 SRF #3104 EPA Project Control Number Untied Sbttet Environrrwntal ProtecSon Agency WaV*Vton, X 2DW Certification Regarding Debarment, Suspension, and.Other Responsibility. Matters The prospedlve participant certifies to the best of Its knowledge and belief that It and Its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voiuntaly excluded from covered transactions by any Federal, department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a c?A Judgement rendered against them for commission of fraud or a criminal offense in connection with obtajning, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a Public transaction: violation of Federal or State ar Arust statutes or commission of embezzlement, tOL forgery, bribery. falsification or destruction of records, maMng false statements, or receiving �heAY P (c) Are not presently indicted for or otherwise crlminaMy or t)my charged by a government (Federal, State, or local) wtth oornmission of any of the offenses enumerated In paragraph (� t�b) of this certification; and (d) Have not wtthin a three-year period preceding this application/proposal had one or more public transactions (Federal. State, or local) terminated for cause or default. 1 understand that a false statement on this certification may be grounds for rejeciton of this proposal or termination of the award. in addkim under 18 USC Sec. 1001, a false statement may result in a fine of up to Si0,000 or imprisonment for up to 5 years, or both Larry J. Cunningham, City Manager, City of Lubbock, Texas Typed Hww 3 rr" of A ffiortzed Rep "w t V" Signature of Authorized ❑ 1 am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49 (11-88', Instructions Under Executive Order 12549, an individual or organization debarred or excluded from participation In Federal assistance or benefit programs may not receive any assistance award under a Federal program, or a subagreement thereunder for $25,000 or more. Accordingly, each prospective recipient of an EPA grant, loan, or cooperative agreement and any contract or subagreement participant thereunder must complete the attached certification or provide an explanation why they cannot. For further details, see 40 CFR 32.510. Participants' responsibAities, in the attached regulation. Where To Submit The prospective EPA grant, loan, or cooperative agreement recipient must return the signed certification or explanation with its application to the appropriate EPA Headquarters or Regional office, as required in the application instructions. A prospective prime contractor must submit a completed certification or explanation to the individual or organization awarding the contract. Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for the project. ' How To Obtain Forms: EPA includes the certification form, instructions, and a copy of Its implementing regulation (40 CFR Part 32) in each appiication k1t. Appiicants may reproduce these materials as needed and provide them to their prospective prime contractor, who, In turn, may reproduce and provide them to prospective subcontractors. Additional copies/assistance may be requested from: Comprtnce Branch Grants Administration Division FW216F) U.S. Environmental Protection Agency 401 M Street, SW Washington, DC 20460 (Telephone: 202/4T -SM) EPA Fw= 00040 (114M* State Revolving Fund -- ASSURANCES As authorized representative of City of Lubbock, Texas (name of legal entity) I certify that City of Lubbock, Texas (name of legal entity) agrees to comply with the laws, regulations, policies and conditions relating to SRF assistance for this project. I also certify that City of Lubbock, Texan (name of legal entity) Administrative Requirements TWDB for prior approval project changes specified in 31 TAC 375.84. 1. Has the legal, institutional, managerial and financial capability to ensure adequate construction and operation and maintenance 9. Will provide and maintain competent and adequate engineer - (including replacement) of the wastewater treatment works, and ing supervision and inspection, as approved by the Texas Water has analyzed the local share of the costs of the proposed waste- Development Board, at the construction site to ensure that the water. treatment facilities, including the financial impact on each completed work conforms with the approved plans and specifica- community and the residents of the service area. tions and will furnish progress reports and such other information as TWDB may require. 2. Will give the Texas Water Development Board (I'WDB), through any authorized representative, access to and the right to examine 10. Will operate and maintain the publicly -owned treatment works all records, books, papers, or documents related to the loan; and in accordance with the minimum standards as required by the cognizant will maintain an accounting system in accordance with standards Federal, State and local agencies for the maintenance and operation of setforthbytheGovernmental Accounting Standards Board, will retain all such facilities; and in accordance with the National Pollutant Discharge construction records for three years following the submittal of the final Elimination Systems (NPDES) permit. funds requisition. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from TWDB, until all financial obligations to the state have been discharged. 4. Will include a covenant iwthe title of real property acquired with SRF funds to assure nondiscrimination during the useful life of the wastewater treatment works as required by the Civil Rights Act of 1964 (PL 88-352). 5. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or gives the appearance of personal or organizational conflict of interest. 6. Has not violated any Federal, State, or local law pertaining to fraud, bribery, graft or collusion. Programmatic Requirements 7. Will require the facility to be designed to comply with the "American National Specifications for Making Buildings and Facili- ties Accessible to, and Usable by, the Physically Handicapped," Number A117-1-196; and the Rehabilitation Act of 1973, PL 93- 112 (including Executive Orders 11914 and 11250). 8. Will obtain approval by TWDB of the final design drawings and specifications before the project is advertised for bidding. Will complete- the project in accordance with the application, approved facility plan, and approved plans and specifications. Will submit to 11. Will initiate procurement action for building all significant elements of the project in accordance with the schedule approved by the Texas Water Development Board upon receipt of a loan commitment for a construction project. Will diligently pursue com- pletion of the project. For designkonstruction projects, will meet the date for design submittal to be established as a special loan condition. 12. Will assure the treatment works for which this application is requesting funds are made operational according to the project schedule submitted herewith. 13. Will assure that, if assistance is for a new collection system which is eligible under Section 211 of the Federal Water Pollution Control Act, as amended, the existing population will connect to the collection system as provided in a sewer use ordinance approved by the Texas Water Development Board. Statutory Requirements 14. Will comply with the provisions of Executive Order 11988 relating to evaluation of potential effects of any actions in a floodplain and Executive Order 11990 relating to minimizing harm to wetlands. 15. Will comply with Title VI of the Civil Rights Act of 1964 (PL 88- 352); and the Age Discrimination Act, PL 94-135. 16. Will comply, or have already complied, with the requirements of Titles II and III of the Uniform Relocation Act of 1987 which provides SRF-33 (420/90) Page 1 for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These re- quirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 17. Will comply with the provisions of the Davis -Bacon Act, the Copeland Act, the Contract Work Hours and Safety Standards Act regarding labor standards for federally assisted construction subagreements. 18. Will comply with the Clean Air Act, 42 U.S.C. 7506(c); the Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq.; the Coastal Zone Management Act of 1972. PL 92-583, as amended; the 'ndangered Species Act, 16 U.S.C. 1531 et seq.; the Farmland a�rotection Policy Act, 7 U.S.C. 4201 et seq.; the Fish and Wildlife Coordination Act, PL 85-624, as amended; the Safe Drinking Water Act, section 1424(e), PL 92-523, as amended; the Wild and Scenic Rivers Act, PL 90-542, as amended; and the Single Audit Act of 1984, PL 98-502. 19. Will comply with the Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended. 20. Will comply with Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738. Administration of the Clean Air Act and the Federal Water Pollution a Control Act with respect to Federal Contracts, Grants, or Loans. 21. Will in conjunction with TWDB assure compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470). Executive Order 11593 relating to Protection and Enhancement of the Cultural Environment, and the Archaeological and Historic Preserva- aon Act of 1974 (16 U.S.C. 469a-1 et seq.); the Historic Sites Act. 22. Will comply with Section 13 of the Federal Water Pollution Control Act of 1972, which provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits Of, or be otherwise subjected to discrimination in any program under the Act. 23. Will comply with all applicable requirements of all other state and federal laws, executive orders, policies and regulations gov. erring this program, including 31 TAC 375 et seq. 24. Will report to TWDB if services of any individual, organization or unit of government whose name appears on the master list of debarments, suspensions, and voluntary exclusions have been used for any portion of the work on the project. (See: 40 CFR Part 32, Debarment and Suspension Under EPA Assistance Programs; and Executive Order 12549.) 25. Will comply with Executive Order 11246, Equal Employment Opportunity; and Executive Orders 11625 and 12138, Women's and Minority Business Enterprises. 26. Will develop and submit for TWDB approval a system of user charges which assures that each recipient of waste treatment services within the loan recipient's jurisdiction will pay its propor- tionate share of operation and maintenance (including replace- ment) costs, in accordance with Section 2064(b)(1) of the Federal Water Pollution Control Act; will adopt and implement the user charge system prior to placing the treatment works in operation. 27. In accordance with Section 204(d)(2) of the Federal Water Pollution Control Act, will certify to TWDB on the date one year after initiation of operation of the project whether the project meets the performance standards. CERTIFICATION I certify that I am a duly authorized representative of the within -named legal entity, and that I have read and understand these requirements and assurances. Name of Legal Entity Name and Title of Duly Authorized Representative City of Lubbock, Texas Larry J. Cunningham City Manager Signature Date SRF-33 (4/20/90) • Page 2 SRF-34 (05/10/90) PF OR PROJECT A. Loan Cmanitment B. Snit Plans and Specifications C. Submit Us= Charge System D. Submit Water Conse vation Plan E. Acquire Sites/Easements F. Contiryent Award of Construction Contract G. Start Construction H. Corplete Construction I. Project Duration frcxn start of Design to End of Construction J. Certification of Project Performance Loan Applicant: City of Lubbock, Texas Estimated Date April 18, 1991 October 22, 1991 October 01, 1991 September 01, 1991 February 07, 1992 May 19, 1992 June lb, 1992 July 01, 1994 1,348 Days July 01, 1995 Tb estimate dates when project milestones will be reached, assume that a loan ccamitment will be made 120 days after submittal of the Final Engineering Plan and Final E.I.D. and that a total of 210 days will be required fran submittal of plans and specifications to authorization to award construction contracts (See Attachment). The loan must be closed before the start of construction. If there is a lapse of more than 270 days frown loan c:omdtnent to loan closing you will be required to request an extension of time. SRF-34 (05/10/90) Pf4a= SCBEDIE FOR PROJECT "C" A. Loan Ccunitment B. Submit Plans and Specifications C. Submit Us^_r Charge System D. Submit water Conservation Plan E. Acquire Sites/Easements F. Contilyent Award of Construction Contract G. Start Construction K. Camlete Construction T. Project Duration frcan start of Design to End of Construction J. Certification of Project Performance Loan Applicant: City of Lubbock, Texas Estimated Date April 18, 1991 October 22, 1992 October 01, 1991 September 01, 1991 N/A May 18, 1993 June 15, 1993 May 01, 1995 1,287 Days May 01, 1996 To estimate dates when project milestones will be reached, assume that a loan czmaitment will be made 120 days after submittal of the Final Engineering Plan and Final E.I.D. and that a total of 210 days will be required from submittal of plans and specifications to authorization to award construction contracts (See Attachment). The loan nust be closed before the start of construction. If there is a lapse of more than 270 days frcxn loan conmdtment to loan closing you will be required to request an extension of time. Name City of Lubbock, Texas Loan Co muitment Date Contract Award Date SRF PAYME7r FOIE FOR PROJECT "A" April 18, 1991 October 16, 1991 SRF- 35 (05/10/90) SRF No, 3104 Loan Closing Date November 01, 1991 Start Construction November 13, 1991 Th estimate the dates when you will request loan payments, assume that a loan ccnmdtment will be made 120 days after the submittal of the Final Engineering Plan and Final E.I.D and that a total of 210* days will be required fr , submittal of plans and specifications to authorization to award construction contracts. (If this results in a lapse of more than 270 days frcen loan oamuitment to closing it will be necessary for you to request an extension of time.) The first payment may be requested after loan closing. Payments may be requested only for costs which have been incurred. The first request may include reim1mrsement for approved SRF expenses incurred prior to loan closing (preparation of engineering report, project design, etc.). went payment requests should be for construction costs as they are incurred. Payment Schedule 19 Jan - SEE ATTACHED - Feb roar Apr May June July Aug Sept Oct Nov Dec Cc Mlete Construction may 01, 1992 19 19 * Please Refer to "Optimum Schedule Timing 07iteria" atta&.3d io the SRF-34 LUBBOCK, TEXAS MONTHLY BREAK —DOWN OF PROJECT COSTS SUBSTITUTE FOR FORM SRF 35 JAN 22, 1991 PROJECT A MONTH NOV 91 DEC JAN 92 FEB MAR APR TOTAL PROJECT A COST n ESTIMATED DRAW $1,035,000 215,000 110,000 110,000 110,000 75,000 $1,655,000 SRIF-3 5 (05/10/90) OR PROJECT flame City of Lubbock, Texas SRF No. 3104 LiDan Oc itment Date April 18, 1991 Loan Closing Date June 01, 1992 -�ontract Award. Date May 19, 1992 Staxt Construction June 16, 1992 To estimate the dates when you will request loan payments, assume that a loan co=utment -ill be made 120 days after the submittal of the Final Engineering Plan and Final E.I.D and that a total of 210* days will be required from submittal of plans and specifications to authorization to award construction contacts. (If this results in a lapse of more than 270 clays from loan commitment to closing it will be new' for you to request an extension of time.) The first payment may be requested after loan closing. Payments may be requested only for costs which have been incurred. The first request ray include reimbursement for approved SRF expenses incurred prior to loan closing (preparation of engineering report, project design, etc.). Subsequent payment requests should be for construction costs as they are inan-red. 19 19 19 Jan - SEE ATTACHED - Feb Far Apr Kay June July Ai-19 Sept Oct Nov s©- Complete Construction July 01, 1994 0 * Please Refer to 1.10ptimum Schedule Timing Criteria" att.a&.--d Lo the SRF-34 LUBBOCK, TEXAS MONTHLY BREAK -DOWN OF PROJECT COSTS SUBSTITUTE FOR FORM SRF 35 JAN 22, 1991 PROJECT B MONTH NOV 91 DEC JAN 92 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN 93 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN 94 FEB MAR APR MAY JUN ESTIMATED DRAW $ 0 0 0 0 0 0 0 2,480,000 1,915,000 1,355,000 1,650,000 3,080,000 2,730,000 3,115,000 2,695,000 2,260,000 3,810,000 3,225,000 3,130,000 2,140,000 590,000 340,000 465,000 295,000 345,000 345,000 305,000 305,000 300,000 155,000 155,000 1,940,000 TOTAL PROJECT B COST $39,125,000 SRF PAYMERr SCHEME FOR PROJECT "C" SRF- 35 (05/10/90) Name City of Lubbock, Texas SRF No. 3104 Than Commit ent Date April 18, 1991 Loan Closing Date June 01, 1993 Contract Award Date May 18, 1993 Stan Construction June 15, 1993 To estimate the dates when you will request loan payments, assume that a loan aannitment will be made 120 days after the submittal of the Final Engineering Plan and Final E.I. D and that a total of 210* days will be required frcrn submittal of plans and specifications to authorization to award construction contracts. (If this results in a lapse of more than 270 days fran loan cmmitmart to closing it will be necessary for you to request an extension of time.) The first payment may be requested after loan closing. Payments may be requested only for costs which have been incurred. The first request may include rebabu cement for approved SRF expenses incurred prior to loan closing (preparation of engineering report, project design, etc.). Subsequent payment requests should be for construction cats as they are incurred. Payment Schedule 19 19 19, Jan - SEE ATTACHED - 1V' Mar Apr May June July Aug Sept Oct Nov Dec Ccuplete Construction May 01, 1995 * Please Refer to "Optimum Schedule Timing Criteria" atta&.3d Lo the SRF-34 LUBBOCK, TEXAS MONTHLY BREAK -DOWN OF PROJECT COSTS SUBSTITUTE FOR FORM SRF 35 JAN 22, 1991 PROJECT C MONTH NOV 91 DEC JAN 92 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN 93 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN 94 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN 95 FEB MAR APR ESTIMATED DRAW $ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 910,000 470,000 325,000 400,000 775,000 685,000 785,000 675,000 565,000 965,000 815,000 785,000 525,000 130,000 65,000 95,000 55,000 65,000 65,000 55,000 55,000 60,000 495,000 TOTAL PROJECT C COST $9,820,000 SRF PADQW CIE FOR PROJECTS "A", "B" AND "C" COMBINED Name City of Lubbock, Texas SRF No. Loan Ccmdtment Date April 18, 1991 Loan Closing Date Contract Award Date Start Construction 3104 SRF-35 (05/10/90) To estimate the dates when you will request loan payments, assume that a loan commitment will be made 120 days after the submittal of the Final Engineering Plan and Final E.I.D and that a total of 210* days will be required from submittal of plans and specifications to authorization to award construction contracts. (If this results in a lapse of more than 270 days fr m loan ca mitment to closing it will be neoessary for you to request an extension of time.) The first payment may be requested after loan closing. Payments may be requested only for costs which have been incurred. The first request may include reimbursement for approved SRF expenses incurred prior to loan closing (preparation of engineering report, project design, etc.) . Subsequent payment requests should be for construction costs as they are incurred. Payment Schedule 19 Jan - SEE ATTACHED - Feb Mar Apr May June July Aug Sept Oct Nov Dec Complete Construction ty01, 1995 19 11 19 * Please Refer to "Optim m Schedule Timing C:riteria" atta&.ad Lo'the SRF-34 LUBBOCK, TEXAS MONTHLY BREAK -DOWN OF PROJECT.COSTS SUBSTITUTE FOR FORM SRF 35 JAN 22, 1991 MONTH TOTAL ALL PROJECTS NOV 91 $ 1,035,000 DEC 215,000 JAN 92 110,000 FEB 110,000 MAR 110,000 APR 75,000 MAY 0 JUN 2,480,000 JUL 1,915,000 AUG 1,355,000 SEP 1,650,000 OCT 3,080,000 NOV 2,730,000 DEC 3,115,000 JAN 93 2,695,000 FEB 2,260,000 MAR 3,810,000 APR 3,225,000 MAY 3,130,000 JUN 3,050,000 JUL 1,060,000 AUG 665,000 SEP 865,000 OCT 1,070,000 NOV 1,030,000 DEC 1,130,000 JAN 94 980,000 FEB 870,000 MAR 1,265,000 APR 970,000 MAY 940,000 JUN 2,465,000 JUL 130,000 AUG 65,000 SEP 95,000 OCT 55,000 NOV 65,000 DEC 65,000 JAN 95 55,000 FEB 55,000 M 60,000 APR 495,000 TOTAL $50,600,000 SRF ESTIMATED PROJECT COST FOR PROJECT "A" A. Construction Cost: n-p Effluent Pipeline s 633,000 1/1 ' Major Sewer Rehabilitation ' Interceptors ' Collection System ' Cont ingen.y 64,000 Allowance For Inflation 0 TOTAL CONSTRUCTION COST S 765,000 B. Engineering: Planning Phase (EM,EP,I/I, WCP) 700,000 Design Phase Construction Phase Basic 32,000 Construction Layout Inspection 40,000 Testing 0 L M Manual User Charge Z0,000 Total Engineering S 874,000 C. Financial 10,000 D. Legal 5,000 E. Right-of-way (Mot SRF Eligible) * F. Land (Not SRF Eligible) G. Other(Est. Cost of Issuance) 2,000 •* TOTAL ESTIMATED PROJECT COST S 1,655,000 This estimate, prepared by Black & Veatch Engineers on 1/22/91 (name of firm) (date) was made using the most current information available, and in our opinion represents the closest estimate to the acti,al construction costs. This estimate was made with the expectation that construction bids would be taken by August, 1991 and should be updated if bidding is delayed beyond that date. ninghm W. E. Carroll, P.E.. Black'& Veatch Larry J- Cum ; CERTIFIED Br: Authorized esentat ve of City of Lubbock (Loatant) (Consulting Engineer) (Date) (Date) (City Seal) (seal) q�,",•" N1�� WILLIAM E. i;A UL * Land that will be an integral part of the treatment process is eligible. •••r4•••°••""`"""""" '®�s• ,�, 38888 •• Total Project Cost should be roLrxded up to the nearest 55.000 increment. �:`��,�aSC��?;�• � SRF-37 (04-11-40) A. Construction Cost: STP I/I Kajor Sewer Rehabilitation Interceptors Collection System Contingency Allowance For Inflation TOTAL CONSTRUCTION COST B. Engineering: Planning Phase Design Phase Construction Phase Basic Construction Layout Inspection Testing 0 & M Manual Project Certification Total Engineering C. Financial D. Legal E. Right -of -flay (Not SRF Eligible) * F. Land (Not SRF Eligible) G. Other ** TOTAL ESTIKATED PROJECT COST SRF ESTIMATED PROJECT COST FOR PROJECT "B" = 28,878,000 2,839,000 3,100,000 t 34,817,000 2.419.000 1,428,000 240,000 128,000 33,000 4-248-000 32,000 24,115 2,500 39,125,000 This estimate, prepared b/ Black & Veatch Engineers on 1/22/91 "(name of firm) (date) was made using the most current information available, and in our opinion represents the closest estimate to the act(,al construction costs. This estimate was made with the expectation that construction bids would be taken by March, 1992 and should be updated if bidding is delayed beyond that date. CERTIFIED BY: Larry J. Cu Authoriz resentative of City o bock c-J (Loan i ant) (Date) (City Seal) W.E. Carroll, P.E.,,Black &�VVeeatch (Consulting Engineer) Az (Date) * Lard that will be an integral part of the treatment process is eligible. •• Total Project Cost should be rounded up to the nearest S5,00O increment. (Seal) SRF-37 (04-11-90) A. Construction Cost: STP I/1 Major Sewer Rehabilitation Interceptors Collection System Contingency Allowance For Inflation TOTAL CONSTRUCTION CAST B. Engineering: Planning Phase Design Phase Construction Phase Basic Construction Layout Inspection Testing 0 & M Manual Project Certification Total Engineering C. Financial D. Legal E. Right -of -Nay (Mot SRF Eligible) * F. Land (Not SRF Eligible) G. Other ** TOTAL ESTIMATED PROJECT COST SRF ESTIMATTD PROJECT COST FOR PROJECT "C" S 6,874,000 ,000 7 0„0 00 S 8,309,000 ,000 340,000 220,000 23,000 17,000 s 1,496,000 8,000 6,185 . 2 , 000 S 9,820,000 This estimate, prepared b/ Black & Veatch Engineers on 1/22/91 (name of firm) (date) was made using the most current information available, and in our opinion represents the closest estimate to the actilal construction costs. This estimate was made with the expectation that construction bids would be taken by March, 1993 and should be updated if bidding is delayed beyond that date. CERT FJ,ED BY: Lar�r� J Cu n1r Autho resentat� of Ci o (Loan At 4tYcant) V (Da e) W`.E,. Carroll, P. • E , 'Black &. Veatch . (Consulting Engineer) /z� A;'/' (Date) ( City Sea I ) +"•""~~�°r'r (Seal OF•Y¢ •.Z 1* * CAR land that will be an integral part of the treatment process is eligible. WILLIAM ..... ... pT' -0 038888 ** Total Project Cost should be rounded up to the nearest S5.000 increment. SRF-37 (04-11.90) SRF ESTIMATED PROJECT COST SRF-37 (04-11-90) A. Construction Cost: STP 1/I Major Sewer Rehabilitation Interceptors Collection System Cont i rgency Allowance For Inflation TOTAL CONSTRUCTION COST B. Engineering: User Charge Planning Phase Design Phase Construction Phase Basic Construction Layout Inspection Testing 0 & M Manual Project Certification Total Engineering C. Financial D. Legal E. Right-of-way (Not SRF Eligible) * F. Land (Not SRF Eligible) G. Other ** TOTAL ESTIMATED PROJECT COST $ 36,385,000 3,598,000 3,908,000 s 43,891,000 20,000 700,000 3,397,000 1,800,000 500,000 150,000 50,000 s 6,617,000 50,000 35,300 6,500 $ 50,600,000 This estimate, prepared by Black & Veatch Engineers on 1/22/91 (name of firm) (date) was made using the most current information available, and in our opinion represents the closest estimate to the actilal construction costs. This estimate was made with the expectation that construction bids would be taken by and should be updated if bidding is delayed beyond that date. Autho C R S F I ED B�Y1 1 of i (Loan I' ant) — yi- �/ 0(ate) (City Seal) W.E. Carroll, P.E:.., Black- & Veatch (Consulting Engineer) 2zz o9/ (Date) ' Land that will be an integral part of the treatment process is eligible. ) .9 25' OF (Seal '38888 '* Total Project Cost should be rounded up to the nearest $5,000 increment. ^�`� Refer to SRF-37 for Projects A, B, C SRF-lOTtxas (6il? 9) Affirmative Action Plan for Meeting SRF MWBE Participation Goal Loan Applicant: City of Lubbock, Texas Project Number: 3014 Address: P. 0. sox 2000 City: Lubbock State: Texas Zip: 79457 Phone: (806 ) 767-3000 1 understand that it is City of Lubbock, Texas responsibility to comply oan Applicant with all state and federal regulations and guidance in meeting the 8% MWBE participation goal. A. Total Project cost: $ 50,600,000 B. Total SRF loan amount: $ 50,600,000 x 8% e $ 4,048,000 (total MWBE $) C. The 8% MWBE participation amount will be met through the following: (check the ap- propriate box and indicate the total project dollar amount from that category that will go toward meeting the 8% MWBE particapation goal.) 1. Legal MWBE Contract Amount $ 2. Administrative MWBE Contract Amount $ 3. Engineering MWBE Contract Amount $ x 4. Construction MWBE Contract Amount $ 4,048,000 5. _ Other: MWBE Contract Amount $ Total (should match line B.) $ 4,048,000 EJ Executed contracts for MWBE services are attached. Proposed contracts for MWBE services are attached. .SIjMt1/R Of AYdiwiL R ntative Dace Larry J. Cunningham, City Manager (type) Authorized RepmsentativG?de United States Environmental Protection Agency Washington, DC 204W Form Approved. „EPA Preavard Compliance Review Report For COMB No. 2090-0014. Wastewater Treatment Construction Grants Expires B-31-89 Note: Rd Instructions onRv Befgre CompletingFrm 1. A. Applicant (Name and State) B. EPA Protect No. SRF #3104 City of Lubbock, Texas 11. A. Are any civil rights lawsuits or complaints pending against applicant? Yes E No If "Yes," list those complaints and the disposition of each complaint. It. B. Have any civil rights compliance reviews been conducted during the two years Yes o No prior to this application for activities which would receive EPA assistance? If 'Yes,` list those compliance reviews and status of each review. Ill, A Population Characteristics Number of People 1. A. Population of Entire Service Area 186,206 8. Minority Population of Entire Service Area 59,586 2. A. Population wrrentiy served 184,121 8. Mino!tt Population Cuffen0y Being Served 58,707 I A. Population to be served by project 186,206 S. Minority population to be served by project 59,586 4. A. Poputation to remain without service 0 S. Minority population to remain without service 0 B. If entire community under the applicant's jurisdiction is not served under the existing facilities or will not be served under the proposed plan, give reasons why. Areas not served by the existing wastewater system are areas either recently annexed or sparsely populated. These areas will be served as development warrants or by citizen request.: The wastewater treatment facilities to be constructed by SRF monies will be designed to serve the population of the entire service area. C. Give the schedule for future construction by which treatment system service will be provided to all inhabitants within applicant's jurisdiction. If there is no schedule, explain why. Future construction of wastewater collection system mains will be as development warrants, by citizen request, or as required by annexation policies. D. Is another Federal Agency being asked or already providing financial assistance to any Yes 0 No construction associated with this project? N 'Yes,' list :tie other Federal Agency(s), describe the associated work and the dollar amount of assistance. E.1Nill all new facilities or alterations to existing facilities financed by this grant be Yes X� No designed and constructed to be readily accessible and useable by handicapped persons? N 'No,' explain how a regulatory exception (40 CFR 7.70) applies. Because of the intended use of the treatment components of the new facilities and alterations to existing facilities, accessibility to these components by physically handicapped persons will not be included in the design. N. Certification I certify that the information given above is true and correct to the best of my knowledge or belief. it I ITitle,S:!i Signature of Authorized Official B. Title of Authorized Oficiai C. Date Tarry J— Cunningham City Manager /g/ Cityof Lubbock, Texas For the U.S. Environmental Protection A enc Regional Director of Civil Rights Date EJApproved f Disapproved EPA Form 4700-4 (Rev. 11-86) Previous editions are obsolete. Instructions Assistance recipients must compiy with the following statutes by virtue of receiving Federal financial assistance. Tl;:e VI of the Civil Rights Act of 1964 provides that no person in the United States shall on the grounds of race,color, or national crgin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The Act goes on to explain that the title shall not be construed to authorize action with respect to any employment practice of any employer, employment agency, or labor organization {except where a primary objective of the Federal financial assistance is to provide employment). Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act provides that no person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance under the Federal Water Pollution Control Act, as amended. Employment discrimination on the basis of sex is prohibited in all such programs or activities. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified handicapped individual shalt solely by reason of his handicap be excluded from p,,rticipation in, be denied the benefit of or be subject to discrimination under any program or activity receiving Federal financial assistance. Employment discrimination on the basis of handicap is prohibited in all such programs or ectivitie,, The Age Discrimination Act of 1975 provides that no person on the basis of age shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. Employment discrimination is not covered. Age discrimination in employment is prohibited by the Age Discrimination in Employment Act administered by the Equal Employment Opportunity Commission, Title IX of the Education Amemdments of 1972 provides that no perosn should on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Note, an education program or activity is not limited to only those conducted by a formal education institution. The primary purpose of the treatment works construction financial assistance program under the Federal Water Pollution Control Act, as amended, is development of water pollution control facilities. Accordingly, the information on this form is required to enable the U.S. Enviornmental Protection Agency to determine whether prospective recipients of treatment works financial assistance are developing treatment system projects on a nondiscriminatory basis as required by the above referenced statutes. Submit this form with the orginal and required copies of applications, requests for extensions, requests for increase of funds, etc. Updates of information are all that are required after the initial application submission. If any item is not relevant to the project for which assistance is requested, write "NA' for "Not Appplicable." ITEMS Self-explanatory II.A. "Civil rights lawsuits' means any lawsuit or complaint alleging discrimination on the basis or race, color, national origin, sex, age, or handicap pending against the applicant or entity which actually benefits from the assistance. For example, if a city is the named applicant but the assistance will actually benefit the Department of Sewage, only civil rights lawsuits involving the Department of Sewage whether named as a party or not should be listed. N.B. "Civil rights compliance review" means any review assesing the applicant's compliance with laws prohibiting discrimination on the basis of race, color, national origin, sex, age, or handicap. If any part of the review covered the entity which actually benefits from the assistance it should be listed. If it did not, the review should not be listed. W.A. Give population of Applicant's treatment system jurisdiction, broken out by categories as specified. 11I.B. If there is a significant disparity between minority and nonminority populations to receive service, not otherwise satisfactorily explained, the Regional office may require a map which indicates the minority and nonminority population to be served by this project. III.C. "Jurisdict;,,n" means the geographical area over which Applicant has authority to provide treatments works service. IILn &E. Self-explanatory. IV. Self-explanatory. EPA FORM 4700-41Rev. 1 1-861 CERTIFICATE OF COMPLIANCE AND AFFIDAVIT OF AUTHORIZED REPRESENTATIVE THE STATE OF TEXAS § COUNTY OF LUBBOCK CITY OF LUBBOCK BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day CAME AND PERSONALLY APPEARED, Larry J. Cunningham, City Manager and Authorized Representative of the City of Lubbock, Texas (.the "City"), acting for and in behalf of the City, pursuant to and by virtue of the provisions of a Resolution adopted by the City Council of the City on the 28th day of February, 1991 (the "Resolution"), who, having by me been duly sworn, says upon oath that in accordance with the said Resolution and pursuant thereto, he, the said City Manager and Authorized Representative, has assured and does hereby assure the Texas Water Development Board that the City is authorized and empowered to comply with the required conditions for financial assistance from the Texas Water Development Board under the State Water Pollution Control Revolving Fund for the purpose of improving and extending the City's Sewer (Was-tewater) System (the "Project"), which Project will provide benefits to the residents of the City, the State of Texas, and other interests, and that the City will participate in the said Project in accordance with all laws of the State of Texas, and all rules, regulations, and published policies of the Texas Water Development Board, and specifically further assures the Texas Water Development Board that: (1) the facts and representations set forth in the application for financial assistance authorized by the Resolution (the "application") are and will be true and correct, to the best of his knowledge and belief; (2) if such financial assistance is granted, the City will cause the Project to be constructed in accordance with the representations made to the Texas Water Development Board in said application and accompanying exhibits; and (3) the City will hold and save the State of Texas harmless from any damages due to construction and maintenance of the Project. Larry unning am City Manager City of Lubbock, Texas SUBSCRIBED AND SWORN TO BEFORE ME THIS 28TH DAY OF FEBRUARY, 1991. No ar Public in and for he State of Texas NOTARY PUBLIC SEAL My Commission Expires: -2- 6 0 2 0 E kii Resolution No. 3553 February 28, 1991 Item #21 A RESOLUTION requesting financial assistance.from the Texas Water Development Board under the State Revolving Fund loan program; authorizing the filing of an application for assistance; and making certain findings in connection therewith. WHEREAS, the City Council of the City of Lubbock, Texas hereby finds and determines that there is an urgent need for the City to make certain capital improvements to the City's wastewater facilities, and deems it necessary to apply to the Texas Water Development Board for financial assistance under the State Water Pollution Control Revolving Fund (the "SRF") and; WHEREAS, in accordance with the rules and regulations of the Texas Water Development Board as set forth in State RevolvingLoan Fund Permanent Rules, Chapter 375, the governing body of the City is required to adopt a resolution to accompany such application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance under the SRF in the amount of $50,600,000 to finance the costs of certain improvements and extensions to the City's wastewater facilities (the "Project"). SECTION 2: That the City Manager of the City, Larry J. Cunningham, is hereby designated the Authorized Representative of the City and is hereby authorized to execute and submit to the Texas Water Development Board the application for such financial assistance; and said City Manager, together with bond counsel, financial advisor, and consulting engineers named in such application, is hereby authorized to appear before the Texas Water Development Board in support of such application and Project. SECTION 3: That said City Manager as Authorized Representative, is further specifically authorized to make the required assurances to the Texas Water Development Board in accordance with the rules, regulations, and policies of the Texas Water Development Board. SECTION 4: That a certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Texas Water Development Board. PASSED AND ADOPTED, this the 28th day of February, 1991. CITY OF LUBBOCK, TEXAS c s Q_-A-T T : �%� ,' -mayor Cit Secretary APPROVED AS TO FORM: (City Seal) ��-�-, it�YA �tt c 2rL Z -2- 5 9 3 2 E I CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § § COUNTY OF LUBBOCK § § CITY OF LUBBOCK § I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows: 1. That on the 28th day of February, 1991, a regular meeting of the City Council of the City of Lubbock, Texas was held at a meeting place within the City; the duly constituted members of the Council being as follows: B. C. MCMINN MAYOR T. J. PATTERSON MAYOR PRO TEM BILL MALOY COUNCILMEMBER GARY D. PHILLIPS COUNCILMEMBER JOAN BAKER COUNCILMEMBER MAGGIE TREJO COUNCILMEMBER M.J. ADERTON COUNCILMEMBER all of said persons were present at said meeting, except the following: none Among other business considered at said meeting, theattached resolution entitled: "A RESOLUTION requesting financial assistance from the Texas Water Development Board under the State Revolving Fund loan program; authorizing the filing of an application for assistance; and making certain findings in connection therewith." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion being made by Councilman Maloy and seconded by Councilman Aderton , the resolution was finally passed and adopted by the Council to be effective immediately by the following vote: 7 voted "For" 0 voted "Against" 0 abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the Council of the City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of the meeting was given to each member of the Council; and that said meeting, and the deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the above entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the 28th day of February, 1991. f City Secretary, City Lubbock, Texas (City Seal) -2- 5 9 3 1 E Resolution No. 3553 February 28, 1991 94 Item #21 A RESOLUTION requesting financial assistance from the Texas Water Development Board under the State Revolving Fund loan program; authorizing the filing of an application for assistance; and making certain findings in connection therewith. WHEREAS, the City Council of the City of Lubbock, Texas hereby finds and determines that there is an urgent need for the City to make certain capital improvements to the City's wastewater facilities, and deems it necessary to apply to the Texas Water Development Board for financial assistance under the State Water Pollution Control Revolving Fund (the "SRF") and; WHEREAS, in accordance with the rules and regulations of the Texas Water Development Board as set forth in State Revolving Loan Fund Permanent Rules, Chapter 375, the governing body of the City is required to adopt a resolution to accompany. such application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance under the SRF in the amount of $50,600,000 to finance the costs of certain improvements and extensions to the City's wastewater facilities (the "Project"). SECTION 2: That the City Manager of the City, Larry J. Cunningham, is hereby designated the Authorized Representative of the City and is hereby authorized to execute and submit to the Texas Water Development Board the application for such financial assistance; and said City Manager, together with bond counsel, financial advisor, and consulting engineers named in such application, is hereby authorized to appear before the Texas Water Development Board in support of such application and Project. SECTION 3: That said City Manager as Authorized Representative, is further specifically authorized to make, the required assurances to the Texas Water Development Board in accordance with the rules, regulations, and policies of the Texas Water Development Board. SECTION 4: That a certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Texas Water Development Board. PASSED AND ADOPTED, this the 28th day of. February, 1991. CITY.OF LUBBOCK, TEXAS -;A' T;� Mayor Cit Secretary APPROVED AS TO FORM: (City Seal) y Attorney . -2- 5 9 3 2 E Resolution No. 3553 February 28, 1991 Item #21 A RESOLUTION requesting financial assistance from the Texas Water Development Board under the State Revolving Fund loan program; authorizing the filing of an application for assistance; and making certain findings in connection therewith. WHEREAS, the City Council of the City of Lubbock, Texas hereby finds and determines that there is an urgent need for the City to make certain capital improvements to the City's wastewater facilities, and deems it necessary to apply to the Texas Water Development Board for financial assistance under the State Water Pollution Control Revolving Fund (the "SRF") and; WHEREAS, in accordance with the rules and regulations of the Texas Water Development Board as set forth in .State Revolving Loan Fund Permanent Rules, Chapter 375, the governing body of the City is required to adopt a resolution to accompany such application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance under the SRF in the amount of $50,600,000 to finance the costs of certain improvements and extensions to the City's wastewater facilities (the "Project"). SECTION 2: That the City Manager of the City, Larry J. Cunningham, is hereby designated the Authorized Representative of the City and is hereby authorized to execute and submit to the Texas Water Development Board the application for such financial assistance; and said City Manager, together with bond counsel, financial advisor, and consulting engineers named in such application, is hereby authorized to appear before the Texas Water Development Board in support of such application and Project. SECTION 3: That said City Manager as Authorized Representative, is further specifically authorized to make the required assurances to the Texas Water Development Board in accordance with the rules, regulations, and policies of the Texas Water Development Board. SECTION 4: That a certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Texas Water Development Board. r• m PASSED AND ADOPTED, this the 28th day of February, 1991. CITY OF LUBBOCK, TEXAS Mayor Cit Secretary APPROVED AS TO FORM: ►, (City Seal)' y Attorney -2- 5 9 3 2 E Resolution No. 3553 February 28, 1991 Item #21 A RESOLUTION requesting financial assistance from the Texas Water. Development Board under the State Revolving Fund loan program; authorizing the filing of an application for assistance; and making certain findings in connection therewith. WHEREAS, the City Council of the City of Lubbock, Texas hereby finds and determines that there is an urgent need for the City to make certain capital improvements to the City's wastewater facilities, and deems it necessary to apply to the Texas Water Development Board for financial assistance under the State Water Pollution Control Revolving Fund (the "SRF") and; WHEREAS, in accordance with the rules and regulations of the Texas Water Development Board as set forth in State Revolving Loan Fund Permanent Rules, Chapter 375, the governing body of the City is required to adopt a resolution to accompany. such application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance under the SRF in the amount of $50,600,000 to finance the costs of certain improvements and extensions to the City's wastewater facilities (the "Project"). SECTION 2: That the City Manager of the City, Larry J. Cunningham, is hereby designated the Authorized Representative of the City and is hereby authorized to execute and submit to the Texas Water Development Board the application for such financial assistance; and said City Manager, together with bond counsel, financial advisor, and consulting engineers named in such application, is hereby authorized to appear before the Texas Water Development Board in support of such application and Project. SECTION 3: That said City Manager as Authorized Representative, is further specifically authorized to make the required assurances to the Texas Water Development Board in accordance with the rules, regulations, and policies of the Texas Water Development Board. SECTION 4: That a certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Texas Water Development Board. •r PASSED AND ADOPTED, this the 28th day of February, 1991. CITY OF LUBBOCK, TEXAS o • -;A T: Mayor Cit Secretary APPROVED AS TO FORM: ac), (City Seal) y Attorney , CERTIFICATE OF COMPLIANCE AND AFFIDAVIT OF AUTHORIZED REPRESENTATIVE THE STATE OF TEXAS. COUNTY OF LUBBOCK CITY OF LUBBOCK BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day CAME AND PERSONALLY APPEARED, Larry J. Cunningham, City Manager and Authorized Representative of the City of Lubbock, Texas .(the "City"), acting for and in behalf of the City, pursuant to and by virtue of the provisions of a Resolution adopted by the City Council of the City on the 28th day of February, 1991 (the "Resolution"), who, having by me been duly sworn, says upon oath that in accordance with the said Resolution and pursuant thereto, he, the said City Manager wind Authorized Representative,. has assured and does hereby assure the Texas Water Development Board that the City is authorized and empowered to comply with the required conditions for financial assistance from the Texas Water Development Board under the State Water Pollution. Control Revolving Fund for the purpose of improving and extending the City's Sewer (Wastewater) System (the "Project"), which Project will provide benefits to the residents of the City, the State of Texas, and other interests, and that the City will participate in the said Project in accordance with all laws of the State of Texas, and all rules, regulations, and published policies of the Texas water Development Board, and specifically further assures the Texas Water Development Board that: (1) the facts and representations set forth in the application for financial assistance authorized by the Resolution (the "application") are and will be true and correct, to the best of his knowledge and belief; (2) if such financial assistance is granted, the City will cause the Project to be constructed in accordance with the representations made to the Texas Water Development Board in said application and accompanying exhibits; and r .r (3) the City will hold and save the State of Texas harmless from any damages due to construction and maintenance of the Project. Larry J. Cunning a City Manager City of Lubbock, Texas SUBSCRIBED AND SWORN TO BEFORE ME THIS 28TH DAY OF FEBRUARY, 1991. No ary Public in an for the State of Texas NOTARY PUBLIC SEAL My Commission Expires: -2- 6 0 2 0 E CERTIFICATE OF COMPLIANCE AND AFFIDAVIT OF AUTHORIZED REPRESENTATIVE THE STATE OF TEXAS COUNTY OF LUBBOCK § CITY OF LUBBOCK BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day CAME AND PERSONALLY APPEARED, Larry J. Cunningham, City Manager and Authorized Representative of the City of Lubbock, Texas (the "City"), acting for and in behalf of the City, pursuant to and by virtue of the provisions of a Resolution adopted by the City Council of the City on the 28th day of February, 1991 (the "Resolution"), who, having by me been duly sworn, says upon oath that in accordance with the said Resolution and pursuant thereto, he, the said City Manager and Authorized Representative, has assured and does hereby assure the Texas Water Development Board that the City is authorized and empowered to comply with the required conditions for financial assistance from the Texas Water Development Board under the State Water Pollution Control Revolving Fund for the purpose of improving and extending the City's Sewer (Wastewater) System (the "Project"), which Project will provide benefits to the residents of the City, the State of Texas, and other interests, and that the City will participate in the said Project in accordance with all laws of the State of Texas, and all rules, regulations, and published policies of the Texas Water Development Board, and specifically further assures the Texas Water Development Board that: (1) the facts and representations set forth in the application for financial assistance authorized by the Resolution (the "application") 'are and will be true and correct, to the best of his knowledge and belief; (2) if such financial assistance is granted, the City will cause the Project to be constructed in accordance with the representations made to the Texas Water Development Board in said application and accompanying exhibits; and (3) the City will hold and save the State of Texas harmless from any damages due to construction and maintenance of the Project. Larry J. Cunning a City Manager City of Lubbock, Texas SUBSCRIBED AND SWORN TO BEFORE ME THIS 28TH DAY OF FEBRUARY, 1991. r No ary Public in an for the State of Texas NOTARY PUBLIC SEAL My Commission Expires: -z- 6020E CERTIFICATE OF COMPLIANCE AND AFFIDAVIT OF AUTHORIZED REPRESENTATIVE THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day CAME AND PERSONALLY APPEARED, Larry J. Cunningham, City Manager and Authorized Representative of the City of Lubbock, Texas (the "City"), acting for and in behalf of the City, pursuant to and by virtue of the provisions of a Resolution adopted by the.City Council of the City on the 28th day of February, 1991 (the "Resolution"), who, having by me been duly sworn, says upon oath that in accordance with the said Resolution and pursuant thereto, he, the said City Manager an al Authorized Representative,. has assured and does hereby assure LhE: 'texas Water Development Board that the City is authorized and empowered to comply with the required conditions for financial assistance from the Texas Water Development Board under the State Water Pollution. Control Revolving Fund for the purpose of improving and extending the City's Sewer (Wastewater) System (the "Project"), which Project will provide benefits to the residents of the City, the State of Texas, and other interests, and that the City will participate in the said Project in accordance with all laws of the State of Texas, and all rules, regulations, and published policies of the Texas water Development Board, and specifically further assures the Texas Water Development Board that: (1) the facts and representations set forth in the application for financial assistance authorized by the Resolution (the "application") are and will be true and correct, to the best of his knowledge and belief; (2) if such financial assistance is granted, the City will cause the Project to be constructed in accordance with the representations made to the Texas Water Development Board in said application and accompanying exhibits; and i (3) the City will hold and save the State of Texas harmless from any damages due. to construction and maintenance of the Project. Larry J. Cunning a City Manager City of Lubbock, Texas SUBSCRIBED AND SWORN TO BEFORE ME THIS 28TH DAY OF FEBRUARY, 1991 No ry Public ingand for the State of Texas NOTARY PUBLIC SEAL My Commission Expires:. -2- 6 0 2 0 E FULBRIGHT & JAWORSKI 2200 Ross AVENUE SUITE 2800 DALLAS,TEXAS 75201 TELEPHONE: 214/85S-8000 TELECOPI ER: 214/8S5-8200 February 21, 1991 VIA FEDERAL EXPRESS Mr. Dan A. Hawkins, P.E. Director of Water Utilities City of Lubbock 600 Municipal Drive Lubbock, Texas 79403 Mr. Carroll McDonald Assistant City Manager for Utilities City of Lubbock 916 Texas Avenue Lubbock, Texas 79401 RE: Revised Certificate of Authorized Representative ------------------------------ Gentlemen: HOUSTON WASH I NGTON, D.C. AUSTIN SANANTONIO DALLAS NEW YORH LOS ANGELES LONDON ZURICH HONG NONG Mr. J. Robert Massengale Assistant City Manager for Financial Services City of Lubbock Municipal Building 1625 13th Street Lubbock, Texas 79401 Mr. Joe Smith First Southwest Company 402 Cypress, Suite 103 Abilene, Texas 79601 Compliance and Affidavit of Enclosed for each of you is a copy of the captioned document as revised. Additionally, enclosed within the package forwarded to Mr. Hawkins are five (5) copies of the Certificate for distribution as described in my cover letter dated February 19, 1991. The copies of the captioned document previously forwarded may be discarded. Very truly yours, Mark S. Westergard MSW:lc Enclosure 0 0 0 1 E- 7 0