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Resolution - 2009-R0293 - File Applications With TX Water Development Board - 07/30/2009
Resolution No. 2009-RO293 July 30, 2009 Item No. 1.5 RESOLULrION 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 further that such capital improvements can be financed on more economically beneficial terms if 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 up to three (3) applications, an example of which is attached hereto as Exhibit "A," are hereby authorized to be filed with the Texas Water Development Board, on or before December 31, 2010, seeking continued financial assistance in an amount not to exceed $240,000,000, so as to provide funding for the costs of engineering services and construction of a 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 the 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 30 day of July, 2009. TOM MARTIN, MAYOR ATTEST: Rel-ec Garza. City Secretary QS APPROVEDQ CONTENT: V eputy I ccdocs/Res. TWDB-Application July 24, 2009 TWDB EXHIBIT A Resolution leo. 2009-80293 APPENDIX F FORMS - TABLE OF CONTENTS APPLICATIONAFFIDAVIT (CVRD-201).................................................................................................................................1 APPLICATION FILLYC', AND AUTHORIZED REPRESENTAT VE RESOLUTION(WRD-201A)...............................3 APPLICATION RFSOLL TioN - CERTIFICATE OF SECRETARY(WRD-201B)..........................................................5 WASTEWATER YROJECT INFORNIATION (-% RD-253A).................................................................................................7 WATERPROJECT INFOIVvIATION(WR)-253B)................................................................................................................9 TEXAS APPLICATION FOR PAYEE IDENTIFICATION NUMBER (CPA -AP -152) .....................................................11 INFORMATION RETURN FOR TAX-EXEMPT PRIVATE ACTIVITY BOND ISSUES (IRS -8038) ...........................13 SUPPLEMENTAL CONDITIONS FOR STATE LOAN PROJECTS(ED-004G).............................................................. I 5 RESOLUTION STANDARD CONDITIONS FOR TAX EXEMPT LOANS (WRD-267)..................................................29 SITECERTIFICATE (ED-101)................................................................................................................................................33 GROUNDWATER RIGHTS QUESTIONNAIRE(WRD-208A)...........................................................................................37 GROUNDWATER RIGHTS AFFIDAVIT (N4'RD-2089)......................................................................................................39 CONTRACTOR'S ACT OF ASSURANCE (ED-103)............................................................................................................41 CONTRACTOR'S RESOLUTION (ED-104)..........................................................................................................................43 BREAKDOWNOF SID (ED-102)............................................................................................................................................45 .YO -LITIGATION CERTIFICATE (NVRD-238)......................................................................................».............................47 WATER CONSERVATION UTILITY PROFILE (VV -RD -264) .............................................................................................49 WATER CONSERVATION PROGRAM ANN -UAL REPORT (WRD-265)........................................................................57 WIZD-701 C Revised 12115o"2005 Appendix is NVRD-201(3109/05) Application Affidavit (WIRD-201) THE STATE OF TEXAS COUNTY OF [County where applicant is located] § [APPLICANT] BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared affiant alliant's titlel as [he Authorized Representative of the [applicant], who being by me duly sworn, upon oath says Iliac I- the decision by the [applicant] [("City,-DistrictiCorporation")] to request financial assistance from the Texas Water Development Board ("Board") was trade in a public meeting held in accordance with the Open Meetings Act (Government Code, §551.001, et scgJ and after providing all such notice as required by such Act as is applicable to the ["City/Distri ctiCorporati on"]; 2. the information submitted in the application is true and correct according to my best knowledge and belief; 3. the ["City.District.'Corpora6on"] has no pending, threatened, or outstanding judgments, orders, tines, penalties, taxes, assessment or other enforccmcnt or compliance issue of any kind or nature by the Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Comptroller, Texas Secretary of State, or any other federal, state or local government, except for the following (if no such outstanding compliance issues, write in "none"): 4. the ["City/District/C'urporatiun"] warrants compliance with the representations made in the application in the event that the Board provides the financial assistance; and 5. the ["CitylDistrict'Corporation"] wilI comply with all applicable federal laws, rules, and regulations as well as the laws of this stare and the rules and regulations of the Board. (signature of affiant) Nance: [name of official representative] Title_ [official capacity] SWORN TO AND SUBSCRIBED BEFORE ME, by fnatme of affiant, title and official capacityl , this d( ak',]_ day of (Month) , 200 T), (signature of notary Notary Public, State of Texas (NOTARY'S SEAL) 44 RD -741 C Revised 12;192005 Appendix F This page intentionally left blank. WRD-IP1(' Re%Iscd 12 15 _'W5 Appendix F W'RD-20 I a F)3i07i0I Application Filing and Authorized Representative Resolution (WRD- 201 a) A RESOLUTION by the —,T of the requesting financial assistance from the Texas Water Development Hoard; authorizing the filing of an application for assistance; and making certain findings in connection therev ith. WHEREAS, the hereby finds and determines that there is an urgent need for the to construct 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 OF THE 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 S, to provide for the costs of SECTIO! 2: 't'hat be and is hereby designated the authorized representative of the _ for purposes of fiunishing 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 authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the before any hearing held by the Texas Water Development Hoard on such application, to wit: Financial .Advisor; Engineer: Bond C=nunsel: PASSED AND APPROVED, this the _ day of , 200 A ITE• ST: (Seal) WRD-701 C RcvisLd 12/1512005 .Appendix F 3 This page intentionally left blank. A7RD-'U1l IAC,.fed kl 1S �(1Q5 Appendix t Application Resolution - Certificate of Secretary (WRD-201b) i ifE STATE o1= rEt ti CO N T5' OF L the undentgncd, Secretary of the __ _ , Texas, DO HEREBY CERTiFN' as follows. I . That on the — day of . 20_. a regular meeting of the was held at a rneena& place within the City; the duly constituted members of the being as follows: and all of said persons were present at said meeting, except the following: Among other bu_mess considered at said meeting, the attachcd resolution enntle& -A RESOLUTION by the of dw requesting finastctal pamcnpanon ftom the Tc+as ` iter Dcvclapmcnt lkoard; autborrztng the tiling of an zMlication for FL-ancsai pattu>_pa4on .:aad making Caton fli dings to conrsectnon therewith." -a as amacd geed and >ubnuned to the _ far passage and adoption. After pre eruawn and dw cortsrieration of the res,alutton. and upon a nsataun made by a.7d-econded by The resolution was dT.Aly passed anis Ldopted by the by the tollouing vote- -_ voted "For" _ %Ored "Agimst" abimmed all as shown in the official Mtnutcs of the _ for the nteenng held on the aforesaid date. Z That the attached resolution is a tine and correct copy of the original on the in the official records of the the duly quilitied and acting members of the _ on the date of the aforesaid [Heeling are those persons showm above and, according to the records of my office, adva ncc notice of the rime, place and purpose of said meeting was given to each member of the ; and that said meeting, and deliberation of the aforesaid public business, was npcn to the public and wrinen notice of said meeting, including the subject of the above entitled resolution, was posted and given in advance thereof in comphancr with the provisions of Chapter 551 of tine 'rcxas Government Code. IN w11 -`ESS WHEREOF, l have hereunto signed my name officially and affixed,hc scat of said _, dus the of .200 Scerct;try iSEALt WKD-?tllCkevtsed 12!15,2f105 Appendix This page intentionally left blank. aG R -D-25 +a (+ SiflS) Wastewater Project Information (WRD-253a) A. Project Name B. Project No. 0. County C. Prcgram(s) 0. Loan Amount F. Loan Tern? G. Wastewater Protect Description: (multiphase project, new, expansion, expansion of collection system, etc.) Attach map of service area affected by Project or other documentation. H. Wastewater Receiving Stream i. TCEQ Permit No, J. Segment No. K_ Long. 8 Lat. of Discharge Location L. Projected Wastewater Flows 1 Design Flow MGD 2 2 -dour Peak MGD V Prcpesed Permit Parameters f. C3005 mgil 14. NH,s.N mg,T 2. 80D5 m A 5. DQ mg)] I TSS rrgrl 6. other N, Cther Pertinent Planning Informadon (Cescnbe) 0. Projected Population from application for 20 year period preferably ;115 year increments. Attach justificabon and list service area populations if different from Planning Area, Referen Year Year 2405 Population 2010 1 2015 1 2020 1 2025 1 20-_ Project Design Year 20_ '3esign Pcpulatlan P. Current'Y'Vater SuppJy Information Surface Water Supply Name Certifcate No. Annual Amount Used and Unit Ground Water Supply Aquifer County "'ell Field Location Annual Amount Used and Unit G. Proposed '4ater Supply Information (oyer loan cepa mensperiod) Surface ;"later Suppiy Name Certificate No. .Annual Amount (Jsed and Unit Ground Water Suppiy Aquifer County J'leil F::eld Locakri Annual.Arrount Used and Unit R,, Consulting Engineer Name S. Telephone No. T. E-mail address t:. Applicant Contact Narne, Title V_ Telephone No. 'N. E-mail address 'X7RD-?O [ C Revised 12,,'[ 51.2005 Appendix F This page intentionally left blank. WR p•'ri l (- Rcvtssd 1-1 1'-, .+)05 :lpprndtx F tYRD-2j3b 'vTexas Water Development Board Water Prnipr_t Infnrmatinn MRD -253b1 L. Current Water Supply tnfarmation Surface Water Suppty Name Certificate No Annual Amount Used and Unit Grcund 'Haler Sup*ty A 40er County i sW F cid Location :rr gal Amort Used and thrid ht P y teater Su .1ormator (o-AEr lc�w rem vrrent i&irtaociewater Sucpry ;rarrse I Car-bcate rki :,r:ntiai krz"t Used am urA ! Ground AaW Su Apu'ler oeld Lacawn N. Consutung Engineer Narne Applicant Contact Name, Title Annual Arrant Used aril Unit C Telephone No P E-mail address R Telephone No S. E-mail address 'W IM -7010 Revised 1245 O5 Appendix F 9 A Pic ea !dame C County C, E Lcm v ,.__ 2 P Logi Term G.YY-3:Qr Ptope Cescrspacn i'AjVhm pge€t, reM -YeVarsi0rr pianL wpf. storage, Gur'R S�, distri1xi in $)stern. e1C) y� I Attach vita of service area atfeded by Froject or ether documentation H Mier Percent PixinirV ,rnformalion (Ce.scrbe) J Is an Inter Basin Transter wentially in%olved? J. Is project located in a Groundwater Drstrid (11 yes, identify Cistr ct try name)? r'es No Yes No K. Projected Papulation from Reference application for at least a 20 year Year Year 2010 2015 2020 2025 2030 20_ period preferably in 5 year increments. 2005 Attach justification and list service areaPopulation populations if different from Planning Projection Are& Project Design Year Design Population L. Current Water Supply tnfarmation Surface Water Suppty Name Certificate No Annual Amount Used and Unit Grcund 'Haler Sup*ty A 40er County i sW F cid Location :rr gal Amort Used and thrid ht P y teater Su .1ormator (o-AEr lc�w rem vrrent i&irtaociewater Sucpry ;rarrse I Car-bcate rki :,r:ntiai krz"t Used am urA ! Ground AaW Su Apu'ler oeld Lacawn N. Consutung Engineer Narne Applicant Contact Name, Title Annual Arrant Used aril Unit C Telephone No P E-mail address R Telephone No S. E-mail address 'W IM -7010 Revised 1245 O5 Appendix F 9 This page intentionally left blank. s , sc�r3ix F 10 Texas Application for Payee Identification Number (CPA-AP-152) Io Complete form go tor.rr ..,,,J w s rx.L:s"tiutliiw. n v: -1ST CPA-AP-153 April ()03 ML .T TEXAS LPAUC.flTh�!^ + FOR PATFE 1UNTFICATIC01 HWBEA M 1 f acieal:a es she aper rsr u} SM eesstdaw -+ art 1 6 60a gow Aca""I C] its Llai C.=le M Q no E.a. "Carle C,wpk,ft SOMMM A v Cs mode SGaos t I A v l 1 TIACA TA-Al I ►.s r lF d }.r ar. pw.iGg 1.!>~ rraediorywa [] 1 - felaal6rpbtsey Bets (FEi r1.. ix. © 2 - Smcm(SammoeKm6w p' WO Firs+ �tn,�kwr rdniod Q 7 Ceram diwb—.10rJ rraata I An vara saves IV "„9 tar tats. 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'C 41 km" a tssue Salva to he utd11ed stall Warm cap . . . . 41 as Arrr vt d Lsstte ITA SLEVC110 1110 IrWDd Stab Yuksrts C.p Cr oltttt ;'vltr'tIa YrT1120"M i rJr t� hY 401!1 rrsr3l.�'y o71T1r.1 SOiA •ry+�b 1 � R$C•.S aF�l7r{S...�7�X. rit{�1l5. Cff' ,:��tanC.tYnTttfs N trlCsoeirttrtr garsAratpl; rrcaltas. a rx,Yr s{1e.1d tai ta�im +� o Un7rr a caaybrRUKI etecttr]tr Aitar n a cLy sN Futrz t112J ra tats ir�Iu rl as c Un3ff transllMat ntles of tree Taft Reran Act of 1986. Enter Act sedan 44,- d Unset We OWCVJ q pat rsrleN trtltpWQ (sectan 1301)" satiif M 1313M Of the TaK Rercrm Ald Cf I Sao . . . . . . . . . . . . . . . . . . . . . . . . . . . . .440 rye Frrxsnr Ct issm et gtrsAben v*Wwwn- ncA gage tongs . . . . . . . . . . . . . . 1.3 b f: rtfnrr 1110 Sf.T1@ r'1tlt cn gttyffte+d 1Q1fi•1rls rsork}lge 17RTdf � `s$ 46a ,Arnaud of whoa 1 29.1(q volnpe cap altXalcd to tntur. Alun copy d IOG1 go Wit ECiUACatkfr 46_ '•� tr 43 ne or mom 112:11112! ♦ .,......._._ .... .�. .. - It -.r *.rtr rr. � 'ar r 2Qv N c I ,- " , xrr �als>s or tssresl r t+a;rra mt t aemr t�aTu sn rtlt� ao. tsseisvn� +`s�cmcs •n0 Sa1�av n ry lu 7 r .+.ni .Y ct7 tiaararfj -c1 avu elf sr si �sstl .sucYa.I!•ma Sign Here "JILMm ut'Arur -is x =1 %MW cmnn -ego m V** t, le =1'am P1Va crmr rT Irmo Swaim I wo WRU-7, (3l C Rel v;ed I Z 15..11105 .4Ven.ltx F I Instructions on use of Texas Water Development Board Supplemental Conditions for State Loan Projects (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 (Dfund II), 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 TWDB Special Conditions ED -0440. Construction projects which are financed by CWSRF Tier III (projects receiving federal funds) and Drinking; Water State Revolving Fund do not use these conditions but instead use TWDB Supplemental Conditions ED -004E. Construction projects which are financed by Clean Water State Revolving Fund (CWSRF) Tier II use ED -4041~. Application of Conditions The conditions and forms listed under liaiructions io Bidders are to be included in the instructions to bidders for construction services. The provisions listed under Construction Contract Supplemental Conditions should be included with the other general and special conditions that are typically included in the construction contract documents by the design engineer. Modifications to Provisions The Applicant may need _to modify parts of these provisions to better 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-70IC Revised 1211112005 Appendix p 15 C:ood Business Practices ?dere are ether contract provisions that the Owner and Designer need to include as a matter of good business practices. It is recommended that provisions addressing the following matters be included in the construction contract. Contract Provisions that satisfy these are available from TWDB upon request. • Specifying the time frame for accomplishing the construction of the project, and the consequences of not completing on time, including liquidation damages. • Sped f� ing the type and dollar value of and documcntation of insurance the contactor is to carry. As a minimum the contractor should carry liability and builder's risk insurance • Identifying the responsibility of the contractor - Responsibility and warranty of work. • Price reduction for defective pricing of negotiated costs. • Differing site conditions - notice and claims regarding site conditions differing from indicated conditions. • Cotenants agairisi contingent fees - Prohibit contingent fees for securing business. • Gratuities - Prohibitions against offering and accepting gratuities • Audit and access records • Suspension of work - Conditions under which owner may suspend work. • Termination - Conditions under which o`vner may terminate • Remedies - Procedures for resolving disputes. Other Requirements There may be other local government requirements and applicable Federal and State staruies and regulations that are not accomiriodated by these conditions. It is the Loan'Grani Recipient's responsibility to ensure that the project and all contract provisions are consistent wiilt the relevant statutes and regulations. Advertisements for Bids The official advertisement for bids that is published in newspapers should include certain itifonnation including: • A clear description of what is being procured. • How to obtain P&S, and necessary forams and information. • The date and time by which bids arc to be received. (deadline) • The address «here bids are to be provided. • Acknowledgement of any special requirements such as mandatory pre-bid conference • Right to reject any and all bids. Bid proposal The Bid proposal form should account for the following. • if Jump sung bid, account for Property Consumed in Contracts to Improve Real Property; Tax Code 131.0-56. • Distinguish Eligible and Ineligible items. • Accommodate Trench Safety requirements with separate per urut pay item for trench excavation safety protection Health an Safety Code Chapter 756. • Include space for Contractor to acknowledge receipt of each .addendum issued during the hidding process. Biddlag Process: ESRD -701C Revrsed 12. 15 2txi5 Appendix 1• 16 The Plans and Specifications should include an explanation of how the buds will be processed. The explanation should include the following components. • Whether a Pre-bid Conference. will be held. whether it is optional or mandatory, and where and when it will be held. • Specify the criteria and process for determining responsiveness and responsibleness of the bidder. • Specif}- the method of determining the successful bidder and awl ([E. Award to the lowest responsive responsible bidder. accounting for any multiple parts to bids.) • Allow for withdrawal of a bid due to a material mistake. • ldentify the time frame that the bids may he held by the Orwrier before awarding a contract_ K IE. Typically for 60 or 90 days.) • Acknowledge right of the O%%mer to reject any and all bids. All proposed modifications to thew conditions should be brought to the attention of and discussed with the appropriate TWDl3 area engineer. The TWDB engineer can also answer any questions regarding these conditions. The questions and proposed modifications can be seat to the following address. Texas Water Development Board Office of Project Finance & Construction Assistance P. O. Box 13231, Capitol Station Austin, Texas 78711-3231 (512) 463-7853 FAX (512) 475-2086 WRD-701C: Revised 12,'I512DO5 AppvtdixF 17 ED -004G 12-09-03 Texas Water Development Board SUPPLEMENTAL CONDITIONS .For State Doan Projects Funded through: Water Development Fund It Including: State Participation Rural Water Assistance Fund uTn-701 c Revised 12.115:2005 Appendix F is TWDB SUPPLEMENTAL CONDITIONS Table of Contents Instructions to Bidders 1. Contingent Award of Contract 2. Bid Guarantee 3. Nonresident Bidder Dorm to be submitted with bids: Vedder Compliance with Reciprocity on Nonresident Bidders. (INRD-259) Construction Contract Supplemental Conditions 1. Supersession 2. Privity of Contract 3. Definitions 4. Laws to be Observed 5. Review by Owner, TI DB, and EPA 6. Performance and Payment Bonds 7. Progress Payments and Payment Schedule 8. Workman's Compensation Insurance Coverage 9. Changes 10. Prevailing Wage Rates 11. Archeological Discoveries and Cultural Resources 12. Endangered Species 13_ Hazardous Materials 14. Project Sign 15. Operation and Maintenance Manuals and Training 16. As -built Dimensions and Drawings Required Fonns to be submitted with executed contracts: Contractor's act of Assurance (ED -103) Contractor's Act of Assurance Resolution (ED -104) %VRD-7010 kcvised 121'1512003 Appendix F 19 r T 1f DL SUPPLENTENT AL CONDITIONS Instructions to Bidders 1. CONTINGENT AWARD OF CONTRACT This contract is contingent upon release of funds From the Water Development Beard. .-inti contract or contracts awarded under this Invitation for Bids are expected to be funded in part by a loan or Brant from the Texas Water Development Board, and a grant from the United States Environmental Protection Agency (U.S. EPA.) Neither the State of Texas, or U.S. EPA nor any of its departments, agencies, or employees are or will be a party to this Invitation for Bids or any resulting contract. 2. SID GUARANTEE Each bidder shall furnish a bid guarantee equivalent to live percent of the bid price. (Water Code 17.1 83). If a bid bond is provided, the contractor shall utilize a surety company which is authorized to do business in Texas in accordance with Art_ 7.19- 1. Bond of Surety Company; Chapter 7 of the Insurance Code. 3. Award of Contract to `ouresident Bidder A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident hinder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. (Source: Texas Government Cotte Chapter 2252 Subchapter A Nonresident Bidders, (§ 2'52.002-1 The bidder µill complete form «RD -259 which must be submitted «ills the bid Construction Contract Supplemental Conditions Ccotaditions: 1. SUPERSESSION The Owner and the contractor agree that the TWDB Supplemental Conditions apply to that work eligible for Texas Water Development Board assistance to be performed under this contract and these clauses supersede any conflicting provisions of this contract. 2. PRIVITY OF CONTILACI' Funding for this project is expected to he pn)vided in part by the Texas Water Development 9oard. Neither the State of Testas, nor any of its departments, agencies or employees is, or will be, a party to this contract or any lover 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. DEFU ITiONS (a) The term 0w7aCr means the local entity contracting for the construction services. (b) The term 'T_Nk'DB" means the Executive Administrator of the Texas Water Devclopment Board. or other person who may be at the time acting in the capacity or authorized to perform the functions of such Administrator, or the authorized representative thereof. 4_ LAWS TO BE OBSERVED WkD-70 1 t. Revised Qi 15i2005 Appendix F 70 In the execution of the Contract, the Contractor trust comply with all applicable Local, State and Federal laws, including but not limited to laws concerned with labor, safety, minimum wages, and the environment. The Contractor shall make himself familiar with and at all tithes shall observe and comply with all Federal, State, and Local laws, ordinances and regulations which in any manner affect the conduct of the work, and shall indemnify and save harmless the Owner, Texas Water Development Board, and their representatives against any claim arising from violation of any such law, ordinance or regulation by himself or by his subcontractor or his employees. 5. REVIEW BY OWNER, and 'rNVDB ( a) The Owner, authorized representatives and agents of the Owner, and TWDB shall, at all times �avc access to and be permitted to obs,.-rve and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instntctions and approval with respect to the %vork will be given to the Contractor only by the Owner through authorized representatives or agents. (h) Any such inspection or review by the TWD$ shall not subject the State of Texas to any action for damages. $. PPRFOkNLaNCE -%ND PAVNfENT BONDS Each contractor awarded a construction contract furnish performance and payment bonds: (a) the performance 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 sound construction principles and practices; (b) the performance and payment bonds shall be in a penal sura of not less than 100 percent of the contract price and remain in effect for one year beyond the date of approval by the engineer of the political subdivision; and (c i 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 Insurance Code. 7. PROGRESS PAYINiENTS AND PAYMEN'T SCHEDULE (a) The Contractor shall submit for approval immediately after execution of the Agreement, a carefully prepared Progress Schedule, shoNving the proposed dates of starting and completing each of the various sections of the work, the anticipated tnonthly payments to become due the Contractor, and the accumulated percent of progress each month. (b) The following paragraph applies only to contracts awarded on a lump such contract price: COST BREAKDOWN - The Contractor shall submit to the Owner a detailed breakdown of his estimated cost of all work to be accomplished under the contract, so arranged and itemized as to meet the appros al of the Owner or funding agencies. This breakdown shall be submitted promptly atter execution of the agreement and before any payment is made to the Contractor for the work performed under the Contract. After approval by the Owner the unit prices established in the breakdown shall be used in estimating the amount of partial payments to be made to the Contractor. (c) Progress Payments. W PD -?CHIC Rcvtied 12-15 !A0 ppendtX F ? i (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 number of copies, to the Engineer For his re%ieNv. Except as provided in Paragraph (3) of this subsection. the amount of the payment due the Contractor shall be determined by adding to the total value of work complete=d to date, the value of materials properly stored on the site and deducting: (1) five percent (51<0) minimum of the total amount, as a retainage and. (2) the amount of all previous payments. The total value of work completed to date shall he based on the actual or estimated quantities of work completed and on the unit prices contained in the agreement (or cost breaido,%m approved pursuant to section 6.b relating to lump sum bids) and adjusted by approved change orders. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be avaiiable for inspection by the Engineer. +2) The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Owner. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Owner in all details. 13) This clause applies to contracts when the Ovoier is a Municipal Utility District, or Water Control and Improvement District. The retainage shall be ten percent minimum of the amount otherwise due until at least fifty percent of the work has been completed.. After the project is fifty percent contplelcd, the Distiict may reduce the retainage frcrnt ten percent to no less than five percent_ (4) The five percent (5%) minimum retainage of the progress payments clue to the Contractor may riot he reduced until the building of the project is substantially complete and a reduction in the retainage has been authorized by the TAVDB. (5 t The fallowing clause applies only to contracts where the total price at the time of execution is S4t)4,0&) or greater and the retainage is greater than 5% and the Owner is not legally exemptcd from the condition (i.e. certain types of water districts). The Owner shall deposit the retainage in an interest-bearing account, and the interest earned on such retainage funds shall be paid to the Contractor after completion of the contract and final acceptance of the project by the Owner. Id) Withholding Payments. The Ower may withhold from any payment otherwise due the Contractor so much as may be necessary to protect the Owner and if so elects may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by than. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his subcontractors or Material dealers. or to withhold any moneys for their protection unless the Owner elects to do so. 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 bonds furnished under this Contract. (c) Payments. Subject to Submission of Certificates. Each payment to the Contractor by the Owner 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 general and special conditions elsewhere in this contract. kVRD-'t►IC Revised 1215,12005 Appoidix F 22 (e) Final Payment, (1) Upon satisfactory completion of the work- performed under this contract, as a condition before final payment under this contract or as a termination settlement under this contract the contractor shall execute and deliver to the Owner a release of all claims against the Ow-ner arising under, or by virtue of, this contract, except claims which are specifically exempted by the contractor to be set forth therein. Unless otherwise provided in this contract, by State law or otherwise expressly agreed to by the parties to this contract, final payment under this contract or settlement upon termination of (iris 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) Atter final inspection and acceptance by the Owner of 311 work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the carefully measured or computed quantity of each item of work at the applicable unit prices stipulated in the Agreement or cost breakdown (if lump stun), as adjusted by approved change orders. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. (3) The retainage and its interest earnings, if any, shall not be paid to the Contractor until the TWDB has authorized a reduction in, or release of, retainage on the contract work. (4) Withholding of any amount due the Owner, under general and`or special conditions regarding "Licluidated Damages." shall be deducted from the final payment due the Contractor, 8. WORKIN AN'S COMPENSATION INSURANCE COVERAGE (a) The contractor shall certify in writing that the contractor provides workers' compensation 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 employees to the general contractor, who shall provide: the subcontractor's certificate to the governmental entity. ( c l A contractor who has a contract that requires workers' compensation insurance coverage may provide the coverage through a group plan or other method satisfactory to the governing 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 etnplo),ees primary business does not constitute engaging in building or construction. (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; (13) remodelin?, extending, repairing, or demolishing a structure; or (C) otherwise improving real property 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. CHAT GES (a) The Owner may at any time, without notice to any surety, by written order, make any change in the worst within the general scope of the contract, including but not limited to changes: WRD-?UtC Re`iied 12 15, 2005 Appendix 1, ( 1) In the specifications (including drawings and designs); (7) in the time, method or manner of performance of the work; (3) In the O w•ner-furnished facilities, equipment, materials, services or site, or (4) Directing acceleration in the performance of the work. (5) The original contract price may not be increased tinder this section by more than 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 shall also be any other wrincri order (including direction, inswiction, interpretation or determination) from the Owner which causes any change, prowided the contractor gives the Owner whiten notice stating the date, circumstances and source of the order and that the contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement 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 the work under this contract, whether or not changed by any order, the Chvricr shall make an equitable adjustment and modify the contract in writing. Except for claims fused on defective specifications, no claim for any change under paragraph (aX2) above shall be allowed for any costs incurred more than '0 days before the contractor ,gives wntten notice as required in paragraph (a)(2). In the east of defective specifications for which the Ow -net- is responsible, the equitable adjustment shall include any increased cost the contractor reasonably incurred in attempting to comply with those defective specifications. (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 artier under paragraph (a)t l) or the furnishing of a written notice tinder paragraph (a)(2), submit a written statement to the Owner setting forth the general nature and monetary extent of such claim The Owner may extend the 30 - day period. The contractor may include the statement of claim in the notice under paragraph (2) of this changes clause_ (f) No claire by the contractor for an equitable adjustment shall be allowed if made after final payment 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 2258 concerning payment of Prevailing Nage Rates. The CKvner wiII determine what are the general prevailing rates in accordance .xith the statute. The applicable provisions include, but are riot limited to the following: 2258.021. Right to be Paid Prevailing Wage Rates I a) A worker employed on a public wvork by or on behalf of tete 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 sof per diem wages for legal holiday and overtime work. (b) Subsection (a) does not apply to maintenance work. icl A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the 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 state. Added by Acts 1995, 74th Lcg., ch. 76, § 5.49(a), eff. Sep(. 1, 1995. Amended by Acts 1997, 75th L-eg., ch. 165, § IS. 01, eff. Scpt. 1, 1997. WRD-70iC Revised 1205121)05 Appendix F 24 § 2258.1121. Prevailing I'4'age Rates to be Paid by Contractor and Subcontractor; Penalty (a) The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. t bi A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract 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 rates 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 public body shall use any, money collected under this section to offset the costs incurred in the administration of this chapter. (e) A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. Added by Acts 1995. 74th Leg., eh. 76, § 5.49(x), eff. Sept. 1, 1995. § 2258.024. Records f a) A contractor and subcontractor shall keep a record showing: (1) the name and occupation of each worker employed by the contractor or subcontractor in the construction of the public work; and (2) the actual per diem wages paid to each worker. (b) The record shrill be open at all reasonable hours to inspection by the officers and agents of the public body. Added by Acts 1995, 74th Leg., ch. 76. S 5.49(a), eff. Sept. i, 1995. § 22413.425. Payment Greater Than Prevailing Rate Not Probibited This chapter does not prohibit the pa,.Tnent a a worker employed on a public work an amour_: greater than the general prevailing rate of per diem wages. Added by Acts 1995, 74th Leg., ch. 76, § 5.49(a), eff. Sept. 1, 1995. 11. ARCHEOLOGICAL. DISCOVERIES AND CUL'I'UR�I. RESOURCES No activity which may affect a State Archeological Landmark is authorized until the Owner has complied %ith the provisions of the Antiquities Code of Texas. The Owner has previously coordinated with the appropriate: agencies and impacts to kno,%m cultural or archeological deposits have been avoided or mitigated_ However, the Contractor may encounter unanticipated cultural or archeological deposits during construction. If archeological sites or historic structures are discovered after construction operations are begun, the Contractor shall immediately cease operations in that particular area and notify the Owner. the TNVDB, and the Texas Historical Comrmssion, (512--463-6096). The Contractor shall take reasonable steps to protect and preserve the discoveries until they have been inspected by the Owner's representative and the TWD13. The Owncr will promptly coordinate with the Texas Historical Commission and any other appropriate agencies to obtain any necessary approvals or permits to enable the work to continue. The Contractor shall not resume work in the area of the discovery until authorized to do so by the Owner_ 12. ENDA- GFRED SPECIES No activity is authorized that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), anchor the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. i} RD -701 Rcviscd 1215'2005 Appmdix f moo' if a threatened or endangered species is encountered during construction, the Contractor shall trttntediately cease work in the area of the encounter and notify the Owner. who will intrnediately implement actions in aeeordance with the ESA and applicable State statutes. These actions shall include reporting the encounter to the TNVDB. the U. S. Fish and Wildlife Service, and the Texas Parks and Wildlife Department. obtaitung any necessary approvals or permits to enable the work to continue, or implement other rmligato a actions. The Contractor shall not resume construction in the Brea of the encounter until authorized to do so by the Owner. 13. HAZARDOUS MATERIALS Materials utilized in the project shall be free of any hazardous materials, exccpt as may be specifically provided 15011' In the sp'eciiications. If the Contractor encounters existing material on sites owned or controlled by the Owner or in rnarenal sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall irmediately notify the Engineer and the Owner. The Owner will be responsible for the: testing for and removal of disposition of hazardous rnatenals on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by the Owner. 14. PROJECT SIGN A project IDENTIFICATION SIGN will be provided to the contractor. The contractor shall erect the sign in a prominent location at the construction project site or along a major thoroughfare within the con►ntunity as directed by the Owner. 15. OPERATION AND 1NLAINTENANCE MANUALS AND TRAINING (a) 'rhe Contractor shall obtain installation, operation, and maintenance manuals from manufacturers and suppliers for equipment funtished under the contract. The Contractor shall submit three copies of each complete manual to the Engineer within 90 days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location_ (h) The 0,%-ncr _-hall require the Engineer to promptly review each manual submitted, noting necessary corrections and revisions. If the Engineer rejects the manual. the Contractor shall correct :and resubmit the manual until it is acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. towner may assess Connwtor a charge for reviews of same items in excess of C-iree (3) times. Such procedure shall not be considered cause for delay. Acceptance of manuals by Engineer does not relieve Contractor of any requirements of terms of Contract. (c) The Contractor shall provide the services of trained, qualified technicians to check final equipment installation, to assist as required in placing same in operation, and to instruct operating personnel in the proper manner of performing routine operation and maintenance of the equipment. (d) Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation Instructions required by the Contractor to install, test, and start-up tltr equipment. WRD-701C Revised 12It 512005 Appendix is 26 (w) Each manual to be bound in a Colder and labeled to identify the contents and project to which it applies. The manual shall contain the following applicable items: (1) A listing of the manufacturer's identification, including order number, model. serial number, and location of parts and service centers. (2) A list of recommended stock of parts, including part number and quantity. (3)Complete replacement parts list. (4) Performance data and rating tables. (5) Specific instructions for installation, operation, adjustment, and maintenance. (6) Exploded view drawings for major equipment items. (7") Lubrication requirements. (8) Complete equipment wiring diagrams and control schematics with terminal identification_ 16, AS-BOII.T DIMENSIONS AND DRAWINGS (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records oflocation (horizontal and vertical) of all facilities. (6) Upon completion of each facility, the Contractor shall furnish Owmer with one set of direct prints, markcd with red pencil, to show as -built dimensions and locations of all work constructed. As a minitnwn, the final drawings shall include the following: ( I) Horizontal and vertical locations of work. (2) Changes in equipment and dimensions due to substitutions. (3) "'Nameplate" data on as installed equipment_ (4) Deletions, additions, and chances to scope of work. (5) Any other changes made. Farms to be submitted with executed contracts: • Coptm�tpr's act of Assurance (ED -103) • Contractor's :pct of Assuran4e Resvlutton JED-104) VMD-7G1C Rv%7sLd 12 ! 5 200 _AT1cnLtix F 17 This page intentionally left blank.. WKV-700 C Revised 12,15-42005 appendix F IX %X7RD-267 7-25.02 Resolution Standard Conditions for Tax Exempt Loans (NAAD-267) I thar the bcond ce�unsel opitu,:an must nxlude an opuuon that the interest on the ubligations is excludable front gross riicnn3e or is exempt from Federal tncotm taxation. Bond counsel may rely on coycaams and representations of the issuer in rendering this opinion; 2. alai the head counsel ypanion must Include an opinion +hat the ubhgatiane ut not "pnvate activity bonds." Gond counsel may rely on covenants and rrpresrutations of the issuer en rendering this opuiton: 3 that the ordinanceltesalutiun authorizing the Issuance of the obligations trust Include that the proceeds of the -?bliganuns and the facilites financed with the proceeds of the obligations will not be used in aniattrtcr that would caissc the oblig4tions to be "pnvatc a.tri;try bonds", 4 that the ordinance.'resolution authonzine the issuance of the obligations must include that the issuer will cQ-mply with the provisions of Section 14S of the lixictnal Revenue Code of 1986 (dating to arbitrsge); that the ordinance resolution 3utborizing the issuance of the obligations niust include that the issuer will make any rcyuucd rebate to the United Stated of arbitrage earnings; 6 that the ),rdmancc.resolution authoricina the issuance of the obligations rnasst include Haat the iisuer will tape no action which would cause the interest on the obligations to be includable in gross mconie for Federal income (a?c Purposes; Thai the a.iiiccript eruct mck k i No Arbrtrag,t Certrricate ur srrntlar certificate setting forth the issuer's rea:sanablc cxpecrartons regarduig the use, expenditure and tmwesnncnt of the proceeds of the obligations;. that the ttanseript must include cNidenve that the ittfornution rcporttng requirements of Section 1440e) of the internal Revenue Cock of 1436 will be satisfied. This requirenxnt is currently satisfied by filing LRS Foran 8038 with the Internal Ret•cuue Service. A completed copy of MS Fortrt 8035 must be provided to the Development Fund Alanager prior to release of finds, l that the City Dist= -will not cause or pernut the obligations to be treated as "Federally Guamniced- obligations within the meatung of section 149(b) of the Internal Revenue n=ude; It► that this conirrutmenr is contingent on a future sale of bonds or on the availability of finds on hand; t t. that the resolunorvordirtarue author -ming the issuance ofobiigations will state that obligations can be called for early redemption only in inverse order of maturity, and on any date beginning on or after the fust Inicrest payment date which is 10 years from the dated date of the obligatiutss, at a redemption price of par, together ..nth accraed interest to the date fixed for redemption; 12, that the political subdivision, or an obligated person for whom financial or operating data is presented either individually or in combination with other issuers of the politxal subdivision's obligations or obligated persons, will, at a aunirtwm covenant to cotvply° Aith requirements for continuing dtxlosurc on in ongoing basis substantially in the rruiurr required by Sccurmcs and Exchange Cartunrssiou (SEC) rule l 5c_-12 and determined as if the Board were a Participating Underwriter within the meaning of Stich rule, such continuing disc losarc un4criaking being for the benefit of the Board and the beneficial owner of the political subdivision's obitgations, of the Baud sells or otherwise transfers such abliganatts, and the bcaeftcial owners of the Board's bonds if the political subdivision is an obligated person -Aith re-spcct to such bonds under rule 15c2-12. ARD -?61C Rexiscd l2: k7.2tyJ Apperxiit F 19 This page intentionally left blank. WRD-7010 Revisrd iZ i Q(X)S Appendix F �1 WRD-z76 51 13104 Resolution Standard Conditions for Taxable Loans (WR© - 276) (Water Suppl} Corporation Conditions) 1 this corntnitment is contingent on finarLing from the Board's taxable bonds or such Other source as the &-ard may hereafter deterintne; 2. that the Corporation's indebtedness to the Board shall be evidenced by (bonds/lOansl spe6fically secured by: ,t. a (first lien or parity lien) an the revenues of the Corporation's Rater system ("the syste m"); and a ()first lien or prorata parity lien) mortgage on the system. 3. that the (frond resolu(ion/loan agigement) contain a provision for the accumulation of a )reserve Fund, to be held by a depository of the Corporation, of no less than average annual debt service requirements, to be accumulated in equal monthly installments over the initial sixty (60) months following the date of c silt 4. all funds received by the Corporation f oin the Board pursuant to this conunitmetit pending their use for the purpose for which they are borrowed shall either be secured by a pledge by a financial institution of general obligations of the United States or obligations unconditionally guaranteed by the United States or invested in accordance with the requiremenis of the Public Funds Investment Act. Chapter ?'Texas Government Cade. 5, that the (t gnd resolution/loan agreement) contain a provision that no additional revenue bonds may be issued unless net system revenues for the last complete fiscal year or twelve i 12 consecutive calendar month period ending not more than ninety (90) days preceding the 4doptiein of additional bonds chaH have riot less than 1 25 x the average annual debt -service requirements after giving effect of the additional bunds; 6 that the bond resolution/loan agreement) shall include a special covenant prohibiting the Corporation from cncu abering, pledging or otherwise impairing the revenues of the System ui any manner to the payment of any obligations or +A ith respect to any liability, except for the payment of (1) maintenance and operating expenses payable within the current fiscal year with current revenues budgeted therefor and (2) additional bonds issued in accordance with paragraph 5. and that the Corporation will in no way encumber, pledge or otherwise impair its title to the land used for the system or intcn,-sts therein, or improv-e-r_ents and facilities of the system without prior Board approval; 7 that the ftrid resolutionilotn agreement) contain a provision that the Corporation will at all tunes maintain and collect sufficient rates and charges to produce gross system revenues in an an7ount necessary to'. pa,. .illi € i-iintename, operating and adminisvativ'e expenses: €nett the debt service requirements of all outstanding bonds/lout) and C. to maintain the funds established and required by such rmiutionfloan ggreernent; `L R D -7c i i C tteviscd 12 15.21"5 A rpendix F 31 g. if there Ls an ex sting loan of the Corputation that is to be outstanding after any loan5 made by the &yard pursuant to this commitment, the lien or liens securing the Baard's loan shall bit at least on a parity with lien or lieu securing such nutstattding loan: 9 that the Corporation file a Deed of Trust with the County Clerk in which the property is located, and with the Secretary of State's Office, as per Section 35.01 et. seq. of the Texas Business and Commerce Code, as evidence of the Board's First (or parity) lien mortgage security interest in the Corporation's system. to that the Corporation file a security instrument with the S-Nretary of State's Office. as per Section 35.01 et seq of the Texas Busiiyess and Commerce Code. to evidence the Board's security interest in any equipment directly related to Rater supply and or sewer service. owned Lit to be acquired by the Corporation. 11, that prior to closing, the Corporation obtain a commitment from a title insurance company, resulting in the issuance of a mortgagce policy of title insurance on the: property owned in fee simple, upon which the Board will be given a (or purity) lien first lien mortgage: 12. that the Corporation cure any defects or liens upon the property listed in Schedule C of the title insurance company commitment that the Executive Adrninistrator for the Beard deem nsces<sary: 13 that the Corporation provide the Board with an attorney's letter of assurance. relating to the Corporation's easements, which state's that there are no known complaints or defects affecting the easements; 14. that pries to closing, the Corporation will submit to the Executive Administrator of the Board evidence that the Corporation's by-laws have been amended to include the following requirements: a. as long as the Corporation is indebted for a lean or loans made by or through the Board, the by-laws shall not be altered, amended or repealed without the prior written consent of the Executive Administrator of the Board, and b. the Corporation is a nonprofit Corporation and no part of the income of the Corporation will be distributed to the Corporation's members. directors, or officers: 15. that the lbond re%oluti2adggn a regiment 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 conveywic:e and the assumption of the Board's loan to the Corporation must be approved by the Board prior to the transfer; 16 that the hnnd rz �lut'c nllnati aeree rrie'nt authorizing the issuance of obligations will state that obligations can be called for early redemption only in inverse order of maturity. and on any date beginning an or after the first interest payment date %hick is 10 years from the dated date of the ubliganorts, at a redemption price of par. together with accrued interest to the elate fixed for tedemnptiOn. 17 that the political subdivision, or an obligated person for whom financial 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 ininimum, covenant to comply with R'RD-7e11C: Rcvtsed 14115121005 Appendix F ?2 requirements for continuing disclosure on an ongoing basis substantially in the manner required by Securities and Exchange Commission (SEC) rule 15c2-12 and determined as if the Board Fere a Participating Urclerwriter within the rntaning of such rule. such continuing disclosure undertaking being for the benefit of the Board and the beneficial owner of the political subdivision's obligations, if the Hoard sells or otherwise transfers such obligations, and the heneficial owners of the Board's bonds if the political subdivision is an obligated person with respect to such bunds under rule 15c2-1?; WR -D-74) i C Rr:,rsed !2- I<,2tV5 :t;-Pcndu F ii This page intentionally left blank. WKD-7011 Revised 12: i5l2005 Appradix F 34 This is it) certify that the SITE CERTIFICATE (ED -101) cl-egal N. mr of Apteltcant, i.a-. Ctry. Dis=l, tit 1 ED -111 1111111100 has now acquired, taken bona tide options on, or initiated format condemnation proceedings :against all property ,;sites, easements. rights-of-wa,y, or specific use permits) necessary for construction. operation and maintenance of (water) (wastewater) facilities described as il4-S+mC-t R=% s `'*. eat Drwrmtow in accordance with plans and specifications approved by the Texas Water Development Board, ,Xny deeds or documents required to he recorded to protect the title(s) held by t_ zil %Z= of AFVJ&-=l have been recorded or filed for record wherever necessary_ In the event of conflicts with existing underground utili(ies, or to preserve unknown cultural c)r historic resources, the rvaa,c or AWXW) i has the right of eminent domaut and will take condemnation action, if necessary, to acquire any sites, easements or rights-of-way which may be required to change the location of any of the facilities described above; and upon acquisition of the rights-of-way and recording of dmuments, will submit another site certificate to that effect. EXECUTED this . _ day of 'o 1 gruture) Tnlc) Note: This certificate MUST BE EXECU' D RY AIN A1TORSEY OR AN ABSTRACTOR quahlied to evaluate the Applicant's interest in the site and make such a determination. A -RD -701C Rc--isrd 12 1 2005 Appendix F This page intentionally left blank. WRD-701C° Revised 12/15:2005 Appendix F 36 WRi}:u3a 02?4.'98 Groundwater Rights QUESTIONNAIRE f WRO-208aj i I -toastirtox,,Zenon 1-,123) Section 17.123 of the Texas Water Coda: requires that before the 8oarrd can deliver funds to an applicant proposing underground water development, the applicant must supply information from which the Executive Administrator can male a written finding that it has the rip -lit to use the water that the project will provide. In order to pro%ide the necessary facts upon which the Executive .administrator c:m make the findings required for the resolution, you are requested to complete and return this Questionnaire. 1. Does the applicant own the land at the well rite? (If not, what is the applicant's intent regarding the site"?) 2. Have the water rights been conveyed away by the applicant or its predecessors in title, or reserved, prior to the applicant's acquisition of the land at the well site`? 3. Is the project located in an underground water conser- atton district" 4. If the answer to 3 is yes, has any necessary permit been obtained:' (_1.n affidavit from a title company addressing questions 1, ? and 3 is required by the Board.) Signed the day of Name Title 'XRP-4f.1'16_ Rnu zd 1 2. ji 26o5 1p,p-ndir f This page intentionally left blank. WRi3-7410 Rcv+sed 1115i2IX15 Appcndix F ZIS This page intentionally left blank. M402 MV; Item No. UL-�cripnon BREAKDOWN OF BID (ED -102) EXA Al PL E M)c h -%i hfcckii.7�-n is ,Ot lawaul Y- the arms inlyd tw-)O + ) U" Quantity Ltuit price rAmoual !. BOW L S 7 Move [a ccwl L.5 FcmmA L S s Rcad Niactti iad 13-4r; la F`acc SY S Sldcw:tts S.Y r E.e:asaix'ce c Y }7aCk5il C Y S warctmp LT 4 CUuCTrLC thy C1W) C Y 10 Rcinforcing $4rel GAS IL .1.1rceltarc aer and Swj,: of Steil LS t: q C Y 13 S4s'_g &cd -Sled C +t• '.i Comtetr Fmi3O 5 F 15 k.-dw)Cd ad Ft 15 Blawer Building Cutup. L`•xccpt Conercre L.S. 17 Lift Statism Comp. Except Concrrtr I. 5. is Yard Piping. VLkrs. t Iainp, etc LS 1 is Auabcr P.vrx- e'a`u. Hemp. etc 1. A 11I %IVb ft , pc -V- P I .r d1. �L} Fri Clarafirr i-.;w+pmfra L5 WRD-701 C Revised 1215'2005 Appendix F 45 Item No. Dmripl lntt Vait Qtutttitr Price Amnunt L"ult 1 Sloan Clulfiet I,4U1prien1 LS LS :3 Fsla-, as ana k, ,;eswrres LS 24. All weirs, Battles. Crate%..utd Troughs L.S. 23 Flow %herr, C7tl w"ior. S+_alea. AW }sunt L S. �f Sla�cc BtC Saurnxrs L S 2F Scwn a_nd Swap Primps L 28. Variable Spew Nunips ant! Cormollers L.S. ?4. hlotDT Culitrrol VCTUTS 1_ S L5. l !sICW Seurkgc 9-.0 L=g L S Adattravtrauota Bri!1dtny LS 32. Ltivratury Iiq%kipmerit Complete I.. S KA Lahmateiry Building L L� 74 Plr=i AM f "sesru f L5 35. La-n&43p4ny L ti- 36. incinaraiur L.S. 37 `'a:uum 1"tttr1 LS z5. }attract LS �'! 1.?L;L{l'i!Si:h F+yLi�YDrF1 L -;fj Site Wnrk I.S 41 7rt: 4hing Safety L.F TOTAL BASE BID s 'iVRll•'61C Re,ucd 1 15,2005 Appendix F 46 NV -RD -238 L17 20100 EXAMPLE NO -LITIGATION CERTIFICATE (WRD-238) THF STATE OF TEE k.S cot ''v n- OF wE. the undersigned. officials of the the -Issuer'). 3o hereby certify as failow•x: (1 ) Fhat this Certificate is executed and delivered with reference to the following descnl ed bonds-, dated (the "Bond Date"), in the aggregate Principal amount of ---(the "Bonds"), ( iJ T1tz E3otsds have Ecce duly and officially executed by the undersigned with their manual or facsiinille stgnatures in the same manner appcartng thereon, and the undersigned hereby adopt and ratify their tespective signatures to the manner arr-taxing ern each of the Bonds whether to mare ad or facsimale forum as the Gast mJY be, as their tnre. 3cniiine, and official signatures i 3 I That iNn ____1 the •Site of adoptwn Ut the Iesolution audwrizing the bands I and on 11-x date hereof. %c were anti Lre the duly- qualified and acting officers tndicated therein and authonzed to execute The '.antic fa'l The legally adoptcd proper and official corporate seal of the Issuer is impressed, imprinted, or lithographed on all of the Bonds and uttpresscd on this certificate. (5) No litigation of any nature is now Pending before any federal or state court, or administrative body, or to our kttowle�lgc threatened, seeking to restrmn nr enjoin the issuance or delivery of the Bonds or questioning the issuance or ,ale of the Bonds. the authority or action of the governing body of the Issuer relating to the issue or sale I,)f the Brin ds, the pledge of PWP-ed Rc%cnucs to pat; the pnm pal of and wictest on the Bonds. or that would otherwise adrerwly afresh In a material manner the iiaarictal condition of the Issuer to pay the Ptiactpal of and interest on the Bonds; and that neither the corporate exi tense of cnu.-dancs of the Issuer not the rigor to hold office of any tacrrber af the goverug body 0t the Issuer or any Other elected or appointed of35cW of the Issuer is being contested or othcrxlse questtatexi. (ti) No authority or proceeding for the issuance, sale. or delivery of the Bonds, passed and adopted by the goveming body of the Issuer, has been amended. repealed. revoked, rescinded, or otherwise rnodified since the date of passage thereof, and all such Proceedings and authority relating tU the issuance and sale of the Bonds remain in full f0TCe and cffcct as 01'010 date of this certtti"Ie. t' -f The Issuer hereby suthrortzes the Office of the Attcrncy General to date this Certificate the date of delivery of its appru%tng apittton. ate! agrees ro notify the Office of the Attorney Gencral of anv ch -Ins -Ps with tcspect to L Crrttticate or .any band docunrnts to -ahtch it is a panty that are made between the date of such rV man and the date %VRD.70IC Kcvi-ied I 2 15 «005 Appendix F 17 EXECUTED .ANTS DELIVERED this l I5suer's scat) SIG_NAITRE til r ICIAJ,. TI 11F. iCE(-)) ISrcretaryTreasurer) THE STATE QF TEXAS COUNTIES OF A,NrD Before mr, the mderstgned, a Notary Pubh%;. nn dus day pctsonally appcamd i'`a ne known to me to be the C} �ffictal Title and Itian known Ie, me to be the ()tuj0l Title and who in my pmscnce each executed this bistrument bcfOTC me in the capacity mprescmcd and each of said person's signature is genuine. GIN" EN' L-NDER%fN' HAND .A'% -D SEU OF OFFICE. this the day of 1 N oury Seal I �otasti Public, 5tatc of Tuns Rrosecs 12 15-24(v; :lpperAix F ar WRD-264 (2.25-05) TEXAS WATER DEVELOPMENT BOARD Water Conservation Utility Profile (WRD-264) The purpose of the i.itility Profile is to assist with water conservation plan development and to ensure that important information and data be considered when preparing your water conservation plan and its target and goals. Please complete all questions as completely and objectively as possible. See fVaterC'onservation Plan Guidance Claecklirt (WRD-022) for information on other water conservation provisions. You may contact the lvlunicipal Water Conservation Unit of the TW DB at 512-936-2391 for assistance. l• -...y :.APPLY ANT I ATA` Name of Utility: Address & Zip: Telephone Number: Form Completed By: Signature: Fax: Title: Date: Name and Phone Number of PersonfDepartrnent responsible for implementing a water conservation program: Name: Phone: UTILITY DATA I. CUSTOMER DATA A. Population and Service Area Data Please attach a copy of your Certificate of Com-enience and Necessity (CCN) from the TCEQ 2. Service area siie (square miles): VW -7010. Revised 12115.2005 appendix F 49 3- Current population of sen°ice area: -t. Current population served by utility: a eater D: wastewater Population served b}, water utility ti. Protected population for for the previous fi%e rears: service area in the following decades: Year Population Year Population :010 _ 2020 ?030 A ?CWf} 3050 7. List source(sy methods) for the calculati��tt of current and projected population: 13. ;active Connections 1 Cur. ent nurntr.-r of acti-e connections by user T%pe. if not a separate classification, check whether multi -family service is counted as Residential or Commercial Treated water users: Metered Not -metered Residential -Single -Family Residential -Multi -Family Comrncrcial Industrial Public Other Total SRD-'utl Rcti-sstd 12 15.2005 Appcnda F cu List the net number of new cotutectians Per year for most recent three %"gars: fear - Residential —Single -1 amilY —� Residential -Multi -Family Cotuunercial lsidustrial - -- Public Other C. High Volume Customers List attttual Nvater use for the five lligllest volume retail and witohcSale customers (Please indicate if treated or ratio water delivery.) Indic;1e Customers' 1 4)o0 al.,,` T. Treated OR RaNv WRD-701C Revised 1215%2045 Apprndix FF 51 II. WATER USE DAT X VOR SERVICE AREA. A. 'Nater Xccounting Data 1. ikmount of water use for previous five years (in 1,000 gal.): Please indicate: Diverted 'Vater TrC3ted Water Year January February March April Nlay J une July August September October November December rot'.] Please indicate ]low the above figures were detennined (e.g., from a master meter located at the point at a diversion from a stream or located at a point where raw water enters the treatment Plant, or from water sales). 2. Amount of water (in l,0tXj gallons) delivered (sold,] as recorded by the following account gpe_s (See #l. Appendix A) for the past five years. Ycar Residential Cotntnercial Industrial Wholesale Other Total Sold %N-RD-"6lCRe!Fled12 747005 ApMt xf ;. List previous five years records for water loss (See #2, Appendix A) Year Amount (sial) 5 Year 6. Year 41ist previous live years records for annual peak -to -average daily use ratio (See 03, Appendix A) yew kveraae NiGD Peace Ratio Total per capita water use for previous five years (See #4, Appendix A): Total Diverged (or Per Capit Population dation Treated 'Less Wholesale fg ed Sales (1,000 gal.) Seasonal water use for the previous five years (in gallons per person per day) (See 45, Appendix A): Base Per Summer Per Pooulatlon Capita Use Capita Use Projected Nater Demands Project water supply requirements for at least the next tern years using population trends, historical water use. and economic growth, etc. Indicate sources of data and how projected water demands were determined. Attach additional sheets if necessary. GYRI) -701C Revised 12115.12005 Appendix F 53 III. WATER SUPPLY SYSTEM A. NN"ater Supply Sources List all current water supply sources and the amounts available with each: ypEir e _ rnotint Available Surface Water- MGD Groundwater: 11GD Contract;: Cather: B. Treatment and Distribution System hfLtW 'a1GD 1 . Design daily capacity of system: i NIGD 2 Storage Capacity: Elevated :tiGD, Ground N1GD If surface water, do you recycle filter backwash to the head of the plant? Ycs _._ No . If yes, approximately XIGD. -t. Please describe the water system. Include the number of treatment plants, wells. and storage tank -s. If passible, include a sketch of the system layout_ IN'. W STEN ATER UTILITIV SYSTEM A. Wastewater Svstem Data I . Design capacity of wastewater treatment plant(s): *IGD 3 is treated effluent used for irrigation on-site , OLT-sitz , plant washdown , or chlorination: dechlorination If yes, approximately gallons per month. Could this be substituted for potable water now being used in these areas ? 3. Bnetly describe the wastewater systeni(s) of the area serviced by the 4vater utility. Describe how treated wastewater is disposed of. %Vhcre applicable, identify treatment plant(s).,ith the TCEQ name and number, the operator, tuner, and, if wasiewatcr is discharged, (lie receiving scream. Please: provide a sketch or map which locates the plant(s) and discharge points or disposal sites. %VRD-7'jj(7 ?teracd 12 15,2005 Apptmiir t ;; 13, Wastewater Data for Service Area 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 July August September October November December Total WRD-70IC Revised 12+1,'2005 Appcndix F 55 Appendix A Definitions of Utility' P'rof'ile Terms Residential toles should include *ester sold to residential (Single and Multi -Family) class Customers onlv. Industrial sales should incikLde sv'atc:r sold to manufactunttg and other heavy industry. Commercial sales should include water sold to all retail busincsses, offices, hospitals, etc Wholesale sales should include water scald to anolhcr utility for a resale to the public for human consumption. Water Loss is the ditTercnce bet%vten seater 3 utility purchases or produces and the amount of water that it can account for m sales and other kno%% i u-ses for a given penod. Water los: can result from: 1. inaccurate or incomplete record keeping? 2. teeter error; 3. unmetered uses such as tirclighting. line flushing, and water f'or public buildings :and water treatment plants; 4 leaks; and 5 water theft and unaudwirwCd use. The peak -day to average -day ratio is calculated by dividing the maximum daily.' pumpage ( in million gallons per,,iay) by the average daily pumpage. Average daily pumpage is the total pumpage for the year las reported in Section UA1, p. 4) divided by 363 and expressed in million gallons per clay. a Total use in gallons per capita per day is defined as total average daily amount of water diverted ur pumped for treatmcrit for potable use by a public water supply system. Tye calculation is crude by dividing the watcr diverted or pumped for treatment for potable use by population senrd- I.Mirect reuse volumes shall be credited against total div"sion volusnes for the purpose of calculation gallons per capita per day for targets and goals developed for thz water conservation plan. Total water use is calculated by subtracting the vv tolcsale sales from the total water diverted or treated (as reported in Section KA I ). Seasonal water use is the difference between base (%Inter) daily per capita use and summer daily per capita use. To calculate the base dailti- per capita use, avcrage the monthly diversions for December. January-. and Fe-b-mary, and Jivide .ius average by 30. `17ixn divide this figure by the population. To calculate the sunnier daily per capita use, use tle months of June, July, and August, WRD-'Q ICRr'-•ascd 12'15.':00$ Appendix Sr WRQ -265 October, 2001 Water Conservation Program Annual Report (WRD-265) For Questions or Information call: Adolph L. Stickelhault i12-9356-2391 Municipal Water Consen-ation Unit adolph.stickelhaultCrkt'wtlb.state.tx.us Texas Water Development Board (TWDB) 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 metering, water accounting and estimated water savings from reusalrecycling activities, leak detection and repair and other conservation activities. The following questions are desired to provtde the TWDB this information in a concise and consistent format For all lean recipients_ Please fill in the blanks that pertain to your program as completer' and objectively as possible. As you complete the report form, please review your utilitv's Mater consers ation plan 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 It RP -7010 Revised I —"I 5r2(105 Appendix % S7 LONG-TERM Nk"ATER CONSERVATION PROGRAM 1. l?ilucation and Information_Profflratn ("l'%VDB Rules require a continuing program that at minimum proOdes conservation information directly Ito each customer. one other ripe of annual educatiunA water conservation activiry and to proside water conservation literature to new customers %+ hen they apply- For service) %%-hat is the total number of.%atcr con:en-shun brochures that your uttlim =tied io zts customers dunne the last 12 !-loin many handouts were distributed to customers by field employees, aE the utility office, and other programs and events? Number of water conscry-atton articles publ:sh,cd to local ncwspaper(s) Which months were conservation inessages printed on utility/water bills'! In addition. the following education activities were conducted Junng the period (presentations, schaoi programs, exhibits, tclev-ision. radio, etc.). 2. Water OmseEvstiun Retnifit and Plitmhins Rebate Pro2rarns Have you conducted a plumbing retrofit or rebate program during the last lZ months? —Yes —.No No if yes. apprommateiy households received kits"rebates. Please descnhe your program and list specific items pro% ided or types of fixtures rebated 3. Conservation - Oriented Rate Structure lia.-e your rates or rate mature changed since Nour last n -port? �Ycs �No If yes, picase describe the changes and attach a copy of the new rate structure_ if you purchase water trom a wholesale supplier, is this a "take or pay" contract? --Yes __No +v hat is -our minimumn volume to take? gallana day % RD--Ofc Re.-Iscd ! "11- '19.05 pM..—fix F 4S 4. Universal Xteteri v and deter Repair tTN%'DB Rules require that %our utility undertake measures to aleterruine and cunirol unaccounted for Rater. universal metering of bath custtttner and public uses, periodic meter testing and repair. and distrihutiou system leak detection and repair) In the first blank fill is 10112,1 number of tmrters in tour utility for each I''pe or size of meter. During the past 12 rrntrtths. %hat wis the number of (systern-%Nide): Production trraster) meters Itotal). tested repaired replaced Meters larwr than I ',.. IIolal.l. rested repaired replaced Meters I ':" or smaller (total), tested repaired replaced ;, Water Audits and Leak €leteet O s. 1lie total zntount of water purchased or produced during the last 12 months was b. Ilse total amount of account (metered) water sold during the last 12 months c. The total amount of identified and estimated ()mown & e.cplained) losses d_ fhe total aniount of lost eater (unexplained rm stne watc-r) C. ``tiitat is your water loss percentage i.line d. + line a. Y. 111113) liow or'ten do tinu calculate water loss or audit the water in your system? Crimes per ycarI Nt:mber of leaks repaired on the system and at 5mlcz cunnerbons Phase list the main cause Of Water 1OSS for water in your Skstcrm tetamtplzs - iesUEs, an -metered i,rilin' or eirt• uses, prohtentc with master meler, customer mezerf. revOrd and data PrOhlcros, etc.): The TWDB offers free technical :assistance regarding leak detection and unaccounted for water. To rind out more about this free service, please place checkmark on left. 111 11117 -?Old'. Revised 12+'1312003 Appendix F 59 n. Water-C'onsez-Ong Landsca in Please list any water -conserving landscaping programs, educational activities. or ordinances enacted during the last 12 months, 7. Other Comments List any other Nvatcr conservation activittes your utility is conducting, DROUGHT CONTTINGEI✓'CY EN ERCENCY'4v,t TER DFi4 AND MANAGENI N T B. Dunng the past 12 months, did yo ut utility find it necessary to activate its the Draught Crm-►rgcn,,yEtnctgency Demand ManagcmentPlan, { Please chcckcine) —Yes _No It ,.'6U aI.iArejed yes, was the need duc to. (.Please chcck all applicable) (1)_ water shortage, (2) _ high Jemand, (3; .__ inability to treat or pump water at required rates, 141 _ equipment failure, or (5) ` other causes? If ya,u answe-rcd ves, what %vire the �wline and ending dates. Stan Date (rm-ndd`}T) Ending Date (mm/dd./yr) y. Iteevchug and Reuse of Water or Wasteivater Effluent wi%u :'SCS of u'3rer rccNclins or rcusc activi s me Frxt+ced by -vpSA uttlsW E[ampits. cMucrit irngAmin, recycling Titer f acl� cv using effluent for chlotmm.atxon At uas[z's'er runt, etc 11). The recycling aadior reuse (In Question y) amounted to approximately gullonc per munch for months. (Number of months) 11. AppruximatEty how much Aater did the utility save during the reporting period dose to the u'rrall conservation program' 111cviiw vnnr ++iter coin>erva[ion t3lan regarding your gpcd attd:'or other gnttl(s)1 f Million gallons. WRf3--U1C kr%tEed 12`15,200 5 Appendix F W EFFECTIVENESS OF THE PROGRAM (Re%iew the stated gwal(5) of our water coosert atiun plan 0) Raine rffe4ti• enc-s.l 12. In your opinion. how you wGuld rank the effecti,eness of your utility's consmattan pro&Tam? [ f fecti,'e omeuhat etTeclive__ Less than tffcctivt Not effective. 13. Does the staff of your utility review the conservation program on a regular basis'! _Yes —No [low often? Year your plan was approved 14. %'hat r.pcs of problems did }cur utility encounter in implementing the k%ater consm,at:on program during-tlie lass 12 months'' 15. what might your utility do to improve the effcctivelless of your program? 16. whit m,,, -ht the TWDB do to improve the effecti.-cress of your progrlm' 17. 1f lmown, how much expense has your utility incurred in implementing this proLuam during the reporting period (literature, maleriale, staff time, etc)? (dollarslycur) 18. If known, how much did your program Save? i (dollarsivcar based tin water savings and treatment or purchase of %zister casts and any dcfcrrt:d capital :osts due to conservation). To ensure ;ire address future correspondence to the proper person, ,please type or print the following: Name Title -. Phone Bate larriail address: For a list of free tecluutal assistance ;emlecs a,ailable from the T%VDH. please white or call at 112463-7951. or , hcck out our .scbsite: ht :iit sdb_state.ta.usia%siNtunce;conser.ation Return tinrripletcd form tn. Executive administrator Tera Water Development Board P.O. Bax 13231 Austin, U 78711-13231 ATTNt CoiNSERVATION ',LRCS -",•til{' Revised 1I l5�2M5 Appendix 61