HomeMy WebLinkAboutResolution - 2007-R0563 - Approve Application To Texas Water Development Board - Financial Assitance LAH - 12/14/2007Resolution No. 2007-80563
RESOLUTION December 14, 2007
Item No. 5_7
WHEREAS, the City Council of the City of Lubbock, Texas requesting
financial assistance from the Texas Water Development Board; authorizing the filing
of an application for assistance; and making certain findings in connection therewith.
WHEREAS, the City of Lubbock, Texas hereby finds and determines that
there is an urgent need for the City to construct the raw water transmission line, pump
stations, and water treatment plant improvements to enable Lake Alan Henry to serve
as a water supply, and such capital improvements cannot be reasonably financed
unless financial assistance is obtained from the Texas Water Development Board;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1: That an application is hereby approved and authorized to be
filed with the Texas Water Development Board seeking financial assistance in an
amount not to exceed $243,472,000 to provide for the costs of designing and
constructing the raw water transmission line, pump stations, and water treatment plant
improvements to enable Lake Alan Henry to serve as a water supply.
SECTION 2: That Thomas Adams, Deputy City Manager be and is hereby
designated the authorized representative of the City of Lubbock, Texas for purposes
of furnishing such information and executing such documents as may be required in
connection with the preparation and filing of such application for financial assistance
and the rules of the Texas Water Development Board.
SECTION 3: That the following firms and individuals are hereby named as
points of contact regarding subject matters specified below with regard to such
application.
Financial Advisor:
Matthew Boles 214-989-1672
Managing Director
RSC Capital Markets
Cityplace, Suite 2500
2711 N. Haskell Avenue
Dallas, Texas 75204
Engineer:
John Kelly, P.E. 806-473-2200
Vice President
Parkhill, Smith and Cooper
4222 85th Street
Lubbock, Texas 79423
Bond Counsel:
Jennifer Taffe 214-220-7941
Vinson & Elkins, L.L.P
3700 Trammell Crow Center
2001 Ross Avenue
Dallas, Texas 75201
EXECUTED AND APPROVED this 14 day of Dec., 2007.
David Miller, MAYOR
ATTEST:
Rebecc Garza, City Secretary
APPROVED TO C TENT:
ams, Deputy City Manager
APPROVED AS TO FORM:
Anita E. Burgess, City Attorney
aolAnita/Texas Water Development Board. res
December 10, 2007
Resolution No. 2007—RO563
APPLICATIONAFFIDAVIT (4�'R 1-2�1),wrM...aa...,w.......aa.»M»rr. ..........»w.....,r.„ r.....,..w.,.w...•..M,........aa a.,..»»rr..•....»........1
APPLICATION FILING AND AUTHORIZED REPRESENTATIVE RESOLUTION LUTiON (VMD -201A) .......» ...................3
APPLICATION RESOLUTION - CF'RTIVICATE OF SECRETARY (WILD -201B) ......
WASTEW ATER.YRO,IECT INFORMATION (y�'�YtRii253A)
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WATERSR�1E i Ibtl"{..7RVMJO J (WRD-253 1)....Mu....... MM......N.YN...............a.w...rss.w..wa.•..r.a.wra.wnwaae•»NMwa.s.saH»ft.i
TEXAS APPLICATION FOR PAYEE IDENTIFICATION NUMBER (CPA -AP -152) ......
INFORMATION, RM—RN FOR TAX-EXEMPT PRIVATE ACTIVITY BOND ISSUES-8038)..«.Y.M..»..»....a.»...13
SUPPLEMENTAL CONDITIONS FOR STATE LOAN, PROJECTS (E7)•D(i4G)...........».a.a.�r.....,s.....»r.w»r.,.r.r..........».15
RESOI,tMON STANDARD CONDITIONS FOR TAX EXEMPT LOANS �VRL)-��7�..,.........•..w».r.........w.,,a•.w a.a.Y.•i3
SITE CERTIFICATE
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NO -LITIGATION CERT1FiCt# fE (v�BI1-335j........M..»..4w....a..M....... .a•ww.M........................... 47
WATER CONSERVATION UTILITY PROFJI.E(W'RD26A)...M.w..,....a...................».............. wwr......a....., a...w,..........49
WATFR CONSERV.ATiON PROGRAM ANNUAL REPORT (WRiir2�i5j.aa........»,....»...._......a.....w.r»»...r...a.....rww..».57
WRLI-701 C; Revised 12!15;2005 Appendix
WRD-201(3l4M)
Application Affidavit (WRD-201)
THE STATE OF TEXAS
COLTN7y OF [County where applicant is located)
[APPLICANM
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally
appeared jAjfL3j&AffiAnesAg , Was the Authorized Representative of the (applicant), %-bo being by roe duly sworn,
upon oath says that;
1. the decision by the [applicant] [("CityiDistrictJCoqmration")I to request financial assistance from the Texas
Water Development Board ("Board") was made in a public meeting held in accordance with the Open Meetings Act
(Government Code, §55 1.00 1, et seq,) and after providing all such notice as required by such Act as is applicable to the
["City/Dism ct/Corporation" ],
2. the information submitted in the application is true and correct according to ary best knowledge and belief;
3. the ("City/District'CoTp oration"] has no pending, threatened, or outstandingiudgments, orders, fines,
penalties, taxes, assessment or other enforcement or compliance issue of any kind or nature by the Environmental
Protection Agency, Texas Commission on Envirotirnental 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
4the 1*'Citv;'DistTictICOrPOraliOn'I warrants con*liance with the repreSentado= M3dC in the application in
the event that the Board provides the financial assistance; and
5. the ('Cityil:hstrictfCorporaticW') will cornply with all applicable federal laws, rules, and regulations aswell
as the laws of this state and the rules and regulations of the Board.
(sinams of affiLut
Name: [name of official representative)
Title: (official capacity]
SWORN TO AND SUBSCRIBED BEFORE MI, by Inane of ars ant. title a official CAPAOXI Ahis
(da day of (MoriU. , _NQUI1.
�signaturg otnutood
Notary Public, State of Texas
(NOTARY'S SEAL)
CVRD -701C Revised 12115/2005 Appendix F
W RD -2n 1 a
WiOVO 1
t
A RESOLUTION by the of the requesting financial assistance from the Texas Water Development
Board; authorizing the filing of an application for assista3ice: and mAking certain findings in connection therewith.
t'Jlllal2iAS, the _ hereby finds and determines that there is an urgent need for the to construct
and such capital inTrovements cannot be reasonably financed unless financial assistance is obtained from the Texas
Water Development Board; now, therefore,
BE IT RESOLVED BY THE OF ME
SEC'Tlo.,�Ll: That an application is hereby approved and authorized to be fled with the Texas Water
Development Beard seeking lammancial assistance in an arnount not to exceed $- to provide for the costs of
SECTION 2: 'Iliac be and is hereby designated the authorized representative of the _ for purposes
of #urnish atg such infornmation 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_
SE�MON 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 Elie before any hearing
held by the Texas Water Development Board on such application, to wit:
Financial Advisor:
Engineer:
Bond Counsel:
PASSED AIND .APPROVED, this the _. day of 200.
--
ATTEST;
(Seal)
WR.D-7010 revised 121151 005 :appendix F
Application Resolution - Certificate of Secretary (WRO-201b)
r -A-V
I, ft undersigac(L secretary of the � Ttxa, DO HEMY CERTIFY as follows;
I. That on the _ day of , 20—, a regular meeting of the was held at a meeting. place
within the City, the duly constituted tnembers of the _ being as follows:
and all of said persons were present at said rneeting, except the following:
,fin ng othrr busintsioanudrtcd a,, said the arwhcd re lurion ended:
'A RESOLD ONO by the — Of the — requtslizIg finaucal participation fmm the Tr-XA5
11.'attr e 13 rd; ZUIbOnZMg the filing of an application fior tiumW participation ; az:
Making -Cmzn rwAkup in contxction tbaewah."
wa,s u=aduccd sad submitted W tlx — fm passatt and Adoption. A preswaiwnand due considerabm a the
rruhmm and na mote ma& by _ =4 seczaded by , the resoluooz was duly passed And Adopted
4'y the — by the IkOowms Votr,
voted 'FW — voted 'Agwnsl' &4tai icd
all as shown in the offi cial Minutes of the — for the memnS held oz the aforesaid date,
2. That the attached resolution is a wic and convict copy of the original on Me in the official records of
the —; the duly qualified and acting members of the — on the date of the aforesaid meeting are those persons
shown above and, according to the records of my of advance: notice of the tirne, ply and purpose of said meeting
was given to each member of the _; and that said meeting, and deliberation of the aforesaid public busims, was
open to the public and written notice of said meeting, includWS the subject of the above entitled resolution, was posted
and given in advance thereof in compliance with the provisions of Chapter 551 of the'rexas, Govertument Code,
LN WIT.NESS WHEREOF, I hate here== signed my ciente officially wid affixed the seal of sand _ this the
200.
f S —=A L
WKD.70 I C Revised 12i l 5/2005 Appendix F
WF -D -253a
Wastewater Project Information (WRD-253a)
-_ Praja �- C. County
A, Project Name t No,
C, FIrcGrarn(s) rJ Loan Amount F. Loan Term
G. yy'avewaler Rro;ect Oescription. (mulltiphase- proiact, ne',N, expansion, expaflsion of collet'lOn system, ate.)
Attach map ofservicearea affected by Project or other documentation,
H, 1.4jaslewater Receiving Slream L TCCQ Permit Nc, J, Segment No K. Long. & Lat. of Discharge Locakon
L. Projected Wasteaater Flows
1. Desi Flow MG0 2. 2 -hour Peak MGD
t,l, Prcpcsed Permit Parameters
I
i, CB005 mgil 4. NH3-N m 9A
2. BODS rngl 5, DO MgA
3. TSS mgill'
.N, Other Pert0ent Plawng Information (Describe)
G. Projected Population from a
��'increments. _"' 11 1 .1 �111111`31`1111
for 20 year period preferably 5 year
Anxili justificatiOn and I'Ist service area
Year
eference
Year
'j 06
2010
2016
2020
2025
20
Population
R. Consulting EngmeerName
S. Telephone No�
T. E-mail address
U, Applicant Contact Name, Title
populations 9 different from Planning Area.
W. E-mail address
Pro,tect Design Year
20
Design Population
P, Current Water "7u pi VormaKn
Surface Water Supply Name Ceflikate No. Annual Arrount Used and Unit
Ground'Water Sulvply Aquifer County
, ell Field Location Annual Amount Used and Unit
n,---,-,4 C. IP?Afm' ?,nn Invar hiran ron;wrrpnT P.Prinai
Sur'ac; "ovater Supply Name
Cmficate No.
Annual Anvurit Used and Unit
Gmun,d'A'ater Sipp,y Aquifer
County
,t,led Fleid Lockon
AnnualAmount Used and Unit
R. Consulting EngmeerName
S. Telephone No�
T. E-mail address
U, Applicant Contact Name, Title
V, Telephone No,
W. E-mail address
WRD-7010 Revised 12/15j2605 ApInzidix F
N4"RD-215 3b t I'&2€NC
WRD-7010 Revised tViS!2005 Appendix F
Tsxa s Water Development Board
Water Project Information on (WRD-253b
k�
C. sa_
Term NUM
ox :' wre G` w .» .. s e. ... .:i. i ex)
Aftch rnsp of service area art?- ti W !�O Other dop a
gS
Tis an tater Sam Tr s* potentially bwkvW
Yes No
I is pro :t hxai-d in a Gra ater Erstrlst tt yea. sdenvy Dwrict tiyy na vp
Y&S No
K. Projecled Popular horn
application for at least a 20 year
period preferably in 5 year increments.
Attach justification and t=st serrice area
populatons I different from Planning
Ares.
Year
f�e�r�ate
Year
M
2010
2015
2020
2026
2M
20
Population
Prosection
Project n Year
Design Population
L, Cunwd Water YAK Irsf mbon-
dam Water S O Narne
Ce ,, a No,
AanW Ai"nt Usw and VrW
Ground Water` Sep* Aquiller
County
M fie. ,- w r Upph � iican 2M=t
&Aice Waren &4 y' e
: MX ArIC419 LAW 1";d Lina
fin'
N. Const ing Eng neer Marne
0 Te4hone No R E4W address
Apaticani Contact dame. Tice
R Telephone No. S E-mail rade rens
WRD-7010 Revised tViS!2005 Appendix F
Texas Application for Payer Identification Number (CPA -AAP -152)
To Vamplete Berm go To CPA -A P-15? .4,pr€i .
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wRD-701C Revised 1211512005 Appendix F
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WRL)-70[CRavwxd }ZISr-M AppenJixF I:'.
Instructions on use of Texas Nater Development Beard
Supplemental Conditions for State Lean 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 Mural 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 Eli -004C. Construction projects which are financed by CWSRF Tier M
(projects receiving federal funds) and Drinking mater State Revolving Fund do not use these
conditions but instead use TW'DB Supplemental Conditions ED -004E. Construction projects which
are financed by Clean Water State Revolving Fund (CWSRF) Tier II use ED -004F.
Application of Conditions
The conditions and forms listed under Instructions to Bidders are to be included in the instructions
to bidders for construction services. The provisions listed Lander 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.
Modificatious to Provisions
The ARglicant may need to m2dify pansof these =visions to better fit the other provisions of the
�c)nstruction 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.
W D-:ottr Revised 12115/2005 Appendix F 15
Good Business Practices
There are other contract provisions that the Owna and Designer need to include as a matter of good
busmess practices.. It is recommended that provisions addressing the following matters be included
in the construction contract. Contract Provisions that satisfy these are available from TWI)B upon
request
• Specifying the time ftarne for accomplishing the construction of the project, and the
consequences of not completing on time, including liquidation damages.
• Specifying the type and dollar value of and documentation of insurance the contractor is to
carry. As a minimum the contmaor 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 ind[icated
conditions.
• Covenants against contingent fees - Prohibit contingent fees for securing business.
• Gratuities - Prohibitions against offerin.- and accepting gratuities
• Audit and access records
• Suspension of work - Conditions under which owner may suspend work.
• Termination - Conditions under which owner may terminate
go Remedies - procedures for resolving disputes.
Other Requirements
There may be other local government requirements and applicable Federal and State statutes and
regulations. that are not acconutiodated by these conditions. It is the Loan/Grant Recipient's
responsIbility to ens:ure that the project and all contract provisions are consistent with the relevant
statutes and reguiations.
Advertisements for Bids
The official advertisement for bids that is published in newspapers should include certain
information including:
• A clear description of what is being procured.
• How to obtain P&S, and necessary forms and information.
• The date and time by which bids are to be received. (deadline)
• The address where bids are to be provided.
• Acknowledgment of any special requiremerassuch as mandatory pre-bid confercrice
• Right to reject any and all bids,
Bid proposal
The Bid proposal form should account for the foilowing.
a If Jump sum bid, account for Property Consumed in Contracts to Irnprove Real Property; Tax
Code 151:05+x.
0 Distinguish Eligible and ineligible items.
& Accommodate Trench Safety requirements with separate per unit pay item for trench excavation
safety protection Health and Safety Code Chapter 756.
* Include space for Contractor to acknowledge receipt of each Addendum issued during the
bidding process.
Bidding Process:
WRD-701CRevised 12/15Y2005 AMeaft F 16
The Plans and Specifications should include an explanation of how the bids will be processed. The
explanation should include the following components. ndatory. and where and
• Whether a Pre-bid Conference, wnal om
Twill be held, whether it Is optior a
when it will be held.
• Specify the criteria and process for determining responsiveness and tewnsibleness of the
bidder
Specify the method of detennining the successful bkkkr and award (M. Award to the lowest
Mowresponsible bidder. accounting for any multiple parts to bids. )
Mow for wididrawal of a bid due to a :material mistake.
• Identify the time fi-ame that the bids may he held by the Owner befcm: awoding a contract (JE.
Typically for 60 or 90 da)s.)
AcknowWge right of the Owner to reject any and all bids.
All proposed modifications 10 thm conditions should be brought to the attention of and discussed
with the appropriate TWDB area engineer. The T 3 aigineer can also answer any questions
regarding these conditions. The questions and proposed modifications can be sent to the following
address.
Texas Water Development Board
Office of Project Finance & Construction Assistance
P. 0. Box 13231, Capitol Station
Austin, Texas 78711-3231
(512) 463-7853 FAX (512) 475-2086
WRD-7010 Revised 12,115/2005 Appendix F 1-1
ED -004G
12-09-03
Texas Water Development Board
SUPPLEMENTAL CONDITIONS
For State Loan Projects Funded through:
Water Development Fund 11
Including:
State Participation
Rural Water Assistance Fund
V,IRD-7010 Reyiscd 1211SY20DS Appendix F 18
TWDB SUPPLEMENTAL CONDITIONS
Table of Contents
Instructions to Bidders
1. Contingent Award of Contract
2. Bid Guarantee
3. Nonresident Bidder
Form to be submitted with bids:
* vender Compliance with Reciprocity on Nonresident Bidders. (WRD-259)
Construction Contract Supplemental Conditions
1. Supersession
2, Privity of Contract
3. Definitions
4. Laws to be Observed
5. Review by Owner, TNVDB, and EPA
6. Performance and Payment Bonds
7. Progress Payments and Payment Schedule
S. '�forkxnan's Compensation Trisuraocc Covcrage
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 Forms to be submitted with executed contracts:
Contractor's act of Assurance (ED -103)
Contractor's Act of Assurance Resolution (ED -104)
VM) -701 C Revised 12/15/200J Appendix F 19
F
MUM"I J 2
Instructions to Bidders
1. CONTINGENT AWARD OF CONTR-ACT
This contract is contingent upon release of funds from the Water Development Board.
Any contract or contracts awarded under this Invitation for Bids arc expected to be funded in part
by a low or grant frorn the Texas Water Development Board, and a grant from the United States
Environmental PrLection Agemy (i -S. EPA-) Neither the State of Texas, or U.S, EPA nor any of
its departments, agencies, or employ an or ivill be a party to this In-vitation for Bids or any
resulting contract.
2, 131D GUARANTEE
Each bidder shall furnish a bid guarantee equivalent to rive percent of the bid price. (Water Code
17.183). If a bid bond is provided, the contractor shall utilize a surety company which is authorized
to do business in Texas in accordance with Art- 7.19_1. Bond of Surety Cornpany, Chapter '.1. of the
hisurance Code.
3. Award of Contract to Nonresident Bidder
A governmental entity may not award a govem-mental 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 that) the amount by which a resident bidder 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 Code Chapter 2252 Subchapter A
Nonresident Bidders, ( 2252.002.) The bidder will complete ferret NN'RD-259 which must be
submitted with the bid.
Construction Contract Supplemental Conditions
CQ;Jqjtions:
1. SUPERSESSION
The Owner and the contractor agree that the TNVDB 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 pro, isions of thts contract.
2. PR]VrrY OF Cf N—MACT
Funding for this project is expected to be pwvided in part by the Texas Water Development Board.
Neither the State of Texas, nor any of its departments, agencies or employees is, or will, be, a party
to this contract or any lower tier contract. This contract is subject to applicable provisions 31 TAC
Chapter 363 in effect on the date of the assistmice award for this project.
3. DEFINITIONS
(a) The term Owner means the local entity contracting for the construction services.
(b) The term "TWDB' reams the Executive Administrator of the Texas Water Development Board,
or other person who may be at the time acting in the capacity or authorized to Perforin the
functions of sucb Adm"'U'strator, or the authorized r� tive thereof.
4. LAWS TO BE OBSERVED
WRD-701 C Revised 12/15/2005 Appendix F
20
In the execution of the Contract the Contractor must comply with all applicable Local, State and
Federal laws, including but not limited to laws concerned with labor, safety, tninimurn wages, and
ar all obs an
the environment The Contractor shall make himself familiar with and at all times shall b e d
comply with all Federal, State, and Local laws, ordinances and regulations which in any manner
affect the conduct of the work, alld!;hall indemnify and save harmless the Owner, Texas Water
Development Board, and their TTresentativcs a-RAin$t any claim arising ftorn violation of any such
law, ordinanec OT regulation by himself or by his subcontractor or his em*Yees.
5. REVIEW BY OWNER, and TWDB
(a) The Ower. authorized representatives and agents of the Owner, and TWDB shall, at all times
have access to and be permined to observe and review all work, materials, equipment, payrrolls,
personnel records, employment conditions, material invoices, and other relevant data and
records pertaining to this Contract, provided, however that all instructions and approval with
respect to the work will be given to the Contractor only by the Owner through authorized
representatives or agents.
(b) Any such inspection or review by the TkVDB shall not subject the State of Texas to any action
for damages.
6. PERFOR1NIANCE AUND PAYMENT 80,NDS
Each contrwtor awarded a construction contract furnish pvt-formance and payment bonds:
(a) the performance boad shall include without limitation guarantees that work done under the
contract will be completed and performed according to appioved plans and specifications and in
accA-,)rdancc,%1,Th and construction principles and practices;
(b) the performance and paymcrit bonds shall he in a penal sum of not less than 1W 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) the contractor shall utilize a sure-ky company t is authorized to do business in Texas in
accordance with An. 7.19-1. Bond Of SUTety Company; Chapter 7 of the Imrance Code.
7. 'ROGRESS PAY` LENTS AND PAYMENT SCHEDULE
(a) The Contractor shall submit for -approval immediately after execution of the Agreement, a
carefully prepared Progress Schedule, showing the proposed dates of starting and completing
each of the various sections of the work, the anticipated monthly payments to become due the
Contractor, and the aectimulated percent of progress each month.
t $0 "1 4 ZZIMM
COST BREAKDOWN - The Contractor shall submit to the Owner a detailed breakdown of his
estimated cost of all work to be accomplish ed under the contract, so arranged and itemized as to
meet the approval of the Owner or funding agencies. This breakdown shall be submitted
promptly after 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 pay eats to be made to the
Contractor.
(c) Progress Payments.
%N*RD-VMCRc-.ised 12'1526-0,� Appmdlx
(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
review. Except aspro vided 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 completed to
date, the value of materials property stored on the site and deducting- (1) five percent (5%)
minimum of the total amount. as a reminage and (2) the amount of all previous payments.
The total value of work completed to date shall be based on the actual or estimated
quantities of work completed and on the unit prices contained in the agreement (or cost
break-doAm appvo-ved pursuant to section 6.b relating to lump sum bids) and adjusted by
approved change orders. The value of materials propedy stLxvd on the site shall be based
upon the emmated quantities of such materials and the invoico prices. Copies of a
invoices shall beavailablefor inspection by the Engineer.
(21) The Contractor shall beresponsiblefor the care and protection of all materials and work
upon which payments have been made until final ameptanco of such work and materials by
the OvmeT. Such payments shall not constitute a waiver of the right of the Owner to require
the fulfillment of all terms of the Cont and the delivery of all improvements embraced in
this Contract complete and satisfactory to the Owner in all details.
(3) This clause applies to contracts when the Owner is a Municipal Utility District, or Water
Control and Improvement District. The retainage shall be ten percent minimum ofthe
amount otherwise due until at least fifty percent of the work has been completed. After the
project is fifty percent completed, the District may reduce the retainage from ten percent to
no less than five percent.,
(4) The five percent (5%) minimm-o retainage of the progress payments due to the Contractor
may not be reduced until the building of the project is substantially complete and a reduction
in the retainage has been authorized by the TNVD&
(5) The following clause applies only to contracts where the total price at the time of execution
is $400,000 or greater and the retainage is greater than 5% and the 0-wner is not legally
cxcWted from the condition (Le. certain t),pes of water districts"}.
The Owner shall deposit the retainage in an interest-bearing account, and the interest earned
on swh retainage fiands sliall be paid to the Conuactor after completion of the contract and
final acceptwice of the project by the Ov-mer�
(d) Withholding Payments. The 0wr= may withhold from any payment otherwise due the
Conti -actor so much as may be necessary to protect the Owner and if so elects may also withhold
any arnounts due from the Contractor to any subcontractors or material dealer's, for work
petformed or material furnished by them The foregoing provisions shall be oonstrued solely for
the benefit of the OwmeT acrd will not require the O%mcr to determine or adjust any claims or
disputes berween the Contractor and his subcontractors or Material dealers, or to withhold any
mormys 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 certifical ions required of
him and his subcontractors by Section 3 hereof (relating to labor standards) and other general
and special conditions elsewhere in this contract.
WRD- 01 C Revised 12/1512005 Appendix F 22
(e) Final Payment -
(1) Upon satisfwory.cornpletion of the work performed under this contract, as a condition
before Final payment under this contract or as a t=ination settlement under this contract
the contractor shall execute and deliver to the Owner a release of ull claims against the
()*-net arising under, or by virtue of, this contract, excepl claims which are specifically
exempted by the contractor to be -.--t 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 this contract shall not
constitute a waiver of the Owner's chinas against the contractor or his sureties under tills
contract or applicable performance and payment bonds,
(2) AtIcr final inspection and acceptance by the Owner of all 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 sum), as adjusted by approved
change orders. The total amount of the final payment due the Contractor under this contract
shall be the arrcount computed as described above less all pry•lous Payments,
(3) The retainage and its interest earnings, if any, shall not be paid to the Contractor until the
TNVDB has authorized a reduction in, or release of, retainage on the contract work.
(4) Withholdmg of any amount due the Owner, under general andor special conditions
regarding "Liquidated Damages," shall be deducted.from the final payment due the
Contractor.
g. ",,oLANIS CONIPENSATION INSURANCE COVERAGE
(a) The contmctor- shall certify in writing t'hat the contractor provides workers" compensation
insurance coverage for each employe of the contractor employed on the public project -
(b) Each subcontractor on the public project shall provide such a certificate relating to coverage 01
the subcontractors employees to the general contractor, who shall provide the subcontractor's
certificate to the governm=tal entity.
(c) A conn -actor wbo has a contract that requires workers'' comperisation incur to 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 employees 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;
(B) remodeling. extending, repairing, or demolishing a structure; or
(C) otherwise irnpro%ring 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. CHANGES
(a) The Owner may at any time, without notice to any surety, by written order, make any change in
the work within the gene -ml scope of the contract. including but not limited to changes:
W'RD-70 IC Revibed 12t13,1M APPM&X
(1) In the specificatons tin lulling drawings and designs)-,
(2) In the tame, method or manner of performance of the work.
(3) In the Owner-Ewnished facilities. equipment, materials, services or site., or
(4) Directing acceleration in the, performance of the work.
(5) The original contrwt price may not be increased under this section by more than 25 peteent.
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 written order (including direction, instructiorI,
interpretation or determination) from the Ow Arhich causes any change, provided the
contractor gives the Owe written 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 pal of the work under this contract, whether or not changed by any
order, the Ownershall make an equitable adjustment and modi fv the contract In %Titia& Except
for claims based on defective specifications, no claire for anv change under paragraph (a)(2)
above "I be allowed for any costs incurred more than 20 days before the conb=tor gives
written notice as required in paragraph (a)(2). hi the case of defective specifications for which
the Owner is responsible, the equitable adjustment shall include any increased cost the contractor
teawnably 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 order under paragraph (a)( I) or
the ftirnishing of a written notice under paragraph (a)(2), submit a wrai%�n statenient to the Owner
setting forth the general nature and monetary extent of such claim The Owner may extend the 30 -
day period. The contract may include the statement of claim in the notice under paragraph (2)
of this changes clause.
(f) No claim by the contractor for an equitable adjustment shall be allowed if made after fmal
payment under this contract.
(g) Changes that involve an increase in price will be supported by documentation of the cost
components.
10. PREVAMING WAGE RATES
This Contract is subject to Government Code Chapter 2238 concerning payment of Prevailing Wage
Rates. Tice Owner will determine what are the general prevailing rates in accordance with thi
statute. The applicable -provisions include, but are not limited to the follow- ng:
§ 2258.021. Right to be Paid Prevailing 'Wage Rates
(a) A worker employed on a public work by or on behalf of the state or a political subdivision of the
state shall be paid:
(1) not less than the general prevailing rate of per them wages for work of a similar character
in the locality in whicli the work is performed; and
(2) not less than the general prevailing rate of per them wages for legal holiday and overtime
work.
(b) Subsection (a) does not apply to maintcrIanctwork.
(c) A worker is employed on a public work for the purposes of this section if the worker is
mptoyed by a contractor or subcontractor in the excemion 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 ley Acts 1995, 74th Leg., ch. 76, § 5,49(a), eff. Sept. 1, 1995. Amendcd by Acts 1997, 75th
,Ug., ch. 165, § 18,01, eff. Sept. 1. 1997.
%VRD-701 C Revised 12115/2005 Appendix F 74
§ 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Pen2lty
(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.
(b) A contractor or subcontractor who violates this section shall pay to the state or a political
subdivision of the stale on whose behalf the contract is made, SW for each WOACT employed for
each calendar day or part of the day that the worker is paid Im 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. set the costs incurred in
(d) The public body shall use any money collected under this section to off
the administradon of this chapter.
(e) A municipality is entitled to collect a penalty under this section only if the municipality has a
population of inure than 10,000,
Added by Acts 1995, 74th Leg., ch. 76, § 5.49(a). eff Sept. 1, 1995.
§ 22158.024. Records
(a) A contractor and subcontractor "I keep a record sbowing:
(1) the name and occupation of each worker employed by the contractor or subcontractor ir
the construction of the public work; and
(2) the actual per them wages paid to each worker.
(b) The record shall be open at all reasonable hours to inspection by the officers and a&CnES of the
public body.
Added by Acts 1995. 74th Leg., ch. 76, § 5.49(a), eff. Sent, 1, 1995.
2258.025. Payment Greater Than Prevailing Rate Not Prohibited
This chapter does not prohibit the payment to a worker employed on a public work an mount
greater, Ehart the general prevailing rate of per them wages.
Added by Acts 1995, 74th Leg,, ch. 76, § 5.49(a), eff. Sept, 1, 1995.
1a. ARCHEQLO ICAL DISCOVERIES AND CULTURAL RESOURCES
No activity which may of a State Archeological Landmark- is authorized until the Owner has
complied with the provisions of theAntiquities Code of Texas. The Owner has previously
coordinated.with the appropriate agencies mW impacts to known 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 stfuctures am discovered after construction operations are begun,
the Contractor shall immediately cease operations in that particular arta olid notify the Owner. the
TW -D8, and the Texas 111storical Commission. (512-463-6096). The Contractor "I take
reasonable steps to protect and preserve the discoveries until they have been inspected by die
Ownees representative and the TWDB. The Owner will Promptly coordinate w%ith the Texas
Historical Cornmission and any other appropriate agencies to obtain any necessary approvals or
permits to enable the %vork to continue.. The Contractor shall not resume work in the area of the
discovm until authorized to do so by the OiAmor.
12. EINDA.NIGERED SPECIES
No activity is authorised that Is likely to Jeopardize the continued existence of a threatened or
endangered species as listed or proposed for listing under the Federal Endangered Spccics Act
(ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or
adversely modify the habitat of such species.
WRD-701C Revned 1211512005 Appcndix F
If a threatened or endangered species is encountered during construction, the Contractor shall
immediately cease work in the area of the encounter and notify the Owner, who will immediately
iinplcment actions in accordance with the ESA and applicable State statutes. These actions shall
include reporting the encounter to the TWDB. the U. S. Fish and Wildlife Scrvice, and the Texas
Parks- and Wil4ffc Departimnit, obtaining any necessary approvals or permits to enable the work to
continue., or implement other mitigative actions. The Contractor shall not resume construction in
the area of the encounter until authorized to do so by the Owner_
I3. HAZARDOUS MATERJALS
4414taials utilized in the project shall be free of any hazardous materials,, except as May be
specifically provided for in the specifications.
If the Contractor encounters existing material on sites owned or controlled by the Owner or in
mataW sources that are suspwcd by visual observation or smell to contain hazardous nudenals,
the Contractor shall immediately notify the Engineer and the Owner- The Owner will he
responsible for the testing for and removal or disposition of hazardous materials on sites owned or
controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing,
removal or disposition of hazardous materials on sites owned or controlled by the Owner.
14. PROJECT SIGN
A project IDENTMICATTON 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 thoroughfhre within
the community as directed by the Owner.
15. OPERATION AND INLAINTENANCE MANUALS AND TRAINING
(a) The Contractor shall obtain installation, operation, and maintenance manuals from
niariufacturers and suppliers for equ ipinentburni sited under the contract. The Contractor shall
submit three copies of each complete manual to the Engin m within 90 days after approval of
shop drawings, product dam and samples, and not later than the date of shipment of each item
of equipment to the project site or storage location.
(b) The Owner shaU require the Engineer to promptly revitaw each manual submitted, T"ng
necessary corrections and revisions, If the Engineer rejects the manual. the Contractor shall
convet and resubmit the manual until it is acceptable: to Engineer as being in conformance with
design concept of project and for complianoc with information given in the Contract
Documents. Owner may assess Contractor a charget for re-vimi of same items in excess of three
(3) times. Such procedure shall not be considered cause for delay. Ac of manuals by
Engineer does not relieve Contractor of any requirements of teTrns of Contract.
(c) The Conn -actor shall provide the services of trained, qualified technicians to check final
equipment installation. io assist as inquired 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
the equipment.
WkD-701 C Revised 12,115120-05 Appendix F -76
(e) Each manual to be bound in a folder and labeled to identify the contents and project to which it
applies. The manual shall contain the following applicable items:
(1) A hsting of the m=ufacturees identification, including order number, model, serial rumber,
and location ofparts and service centers,
(2) A list of recommended stock of pails, 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.
t6) Exploded view drawmgs for major eqLupruent items.
(7) Lubrication requirements.
(8) Complete equipment wiring diagrams and control schematics %rith terminal idftdfication.
16. AS-HUELT DIMENSIONS AND DRAWINGS
(a) Contractor shall make appropriate daily mea=rements of facilities consuucted and keep
accurate records of location (horizontal and vertical) of all facilities.
(b) Upon completion of each facility. the Contractor shall furnish Owner with one set of direct
prints, marked with red pencil. to show as -built dimensions and locations of all work
constructed. As a minimum, the final drawings shall include the following-,
(1) Honzanial and venical locati*ns of work,
(2) Changes in e4ttiliment and dimensions due to substitutions,
(3) "Narneplate" data on all instalW equipment.
(4) Deletions. additions, and changes to scope of work.
(5) Any other changes madc.
grins to be subniitted-vyj&exgguted contracts.
C cwfs; Act of Assurance Resoiqion (E'3-104)
WRD--;O I C Rt -,:=d 12 13,2VO AfWndix F
Resolution Standard Conditions for Tax Exempt Loans (NVRD-267)
I thitt 11tc t,4Mj Counsel opinion M.S. uichide in optwcc that the imcriest on the obligations is excludable from
gr"s =0- Bondcot vyre-on O%ManU
arid
reprmulations of &x issuer m rendering ibri oprriion;
2.. thu tkie bond com=j Op an must mc!ude an opinion that the obligations = not "pri%Vt activity bonds."
Bond cowl may rely on covri=,ts -and rep mcommns of the issuer 00 117MMUS this Daimon
3 that ttir ordinance!iesolution authorizing the tssuanct ofthr, olifigAtiows enlist include that the proceeds of the
obligations wW jLht factlities finaticed with the prooctds of the oblig2tiotts %ill riot be used it z ri'lanrict that
would cause thx obligations w be 'ptvatc acti-vity bonds-:
4 that the ordinauccirtiolation authorizing the issuance ofthe oblig7itions must include that the issuer will
corMly with the provisions of Section 14S oftlic 1-orruM Rc-venue (7odc of 1996 (relating to arbitrage);
3 that the ordina.acciresolution authorWrig the issuance of the ohligatioris nava include that thC Issuer will nuke
arty TCqU21Cd rebate to the United States of Arbitrage camings;
that tits zuftnwng the isumn= of ther obliptinns must include that the Muer will talo
tro aCtion'ALhkh V6m0"W Ca%ISC the interest on the obligations to he includable in gross income for Fcdcrz]
income (ax purposLS;
7 dial the awmnpt mum r;nclude a No Arbitrage Certificate or Similar crtlifWAX Setting forth the issuer's
reasonable expectations rcgarding the ase. expendirure and invesuncut of the Proceeds of the, ObItgatioral-
4
that the trarisctipt awd include cvidewt " the m1brmation reporuny requiTtriumu of Section 149,(c) of the
later Rcvenuc Code of 19S6 will bt sausficd Thu requirrmnt is currewlysansfic-d by filing IPS Form
5038 with the Internal Revenue Service. A completed copy of WS Form 903,11 must be pro%ided to the
Developnictir Futid Manager prior to release of funds,
9. tame the Cay -District will rest cause or pelmet the obIgations to t.,-, utatcd as Tedtrally Guat-wfted'
obligations within N -c intatung of section i49(b) of the IntenW Revenue C-'ixk;
10 that this corimurincni is corinriStrit on a future safe of bona or on the avMtability of funds can hand,
It. thAt the roolunom ordinan,:e zuthormuig the issAunce- of oblip:ions will sratae that obliipftons can bt called for
early rederription only in .obverse order of maturity, and on any date beginning on of afar the first interest
paynx-v date which is 10 yews from thi: dated date of the obligations, at at redemption price of par. together
with accrazd interest is the is fixed for rrJtn71io=.-
12. that ft political subdnision, or in obligated person for *tatn financial or operating data is prcscnted either
individually at in combination with other issuers of the political subdivisiou% obligations or obligated persons,
will, at 3 nitrimtan, :ovc=m io comply Aith requireme:ats for canruuutrg disclosure on an ongoing basis
subsianual4-, in the riunawr required kyim- uric cs and ExchatiSt Commission (SM rule 1' -Z-1 - 12 and
detcrinined as if the Bout! were a Participating Underwriter within the rimaning of such rule, such continuing
disclosure uwAtmAing being for the benefit of the Board and the bcneflecal owner of the political subdiviswrils
Wtpnwts, if the Boardscils, or otbetuut trawlers such obligations, and the bcnefictal owticzs of the Board's
bonds if the political subdivision is in ubhgzftd pet sonwith respect to such bonds under rule !3c2-1?;
WRD-701C Rcrviscd JZ'15ZV AppendiX F
VVW)�-276
5113104
Resolution Standard Conditions for Taxable Loans (WRD-
276)
tIVater Supply Curporation Conditions)
I this commitment is con _ ia; c Board's taxable bonds or such
other sou= as the Board may hdrt:j ntz:: U-Ctt
2. that the Corporation's indebtedness to the Board shall be evidenced by LboggyloWsj
specifically wcui-W by:
3. a (Iltg ILea gr paritylieW an the revenues of the Corporation's Water system ("the
system'); and
be a T ky fle� mo tgagt on the symm.
.Lrst-fita _qr__p_rs —ra t—a _La� r
3. that the ftgd rgkglutkillo n agreement) contain a provision for the accumulation of a
Reseve Fund, to be held by a depository of the Corporation, of no less than average annual
deh service requirernents. to be accumulated in equal monthly WsWhntnts over the initial sixty
(60) months following the date of closing;
4, all funds received by the Corporation from the Board pursuant to this commitment
pending their use for the purpose for which they are borrow slall eidw be secured by a
pledge by a financial institution of general obligations of the United States or obligations
uncorWitionally guaranteed by the United States or invested in accordance with the requirements
of the Public Funds lnvestment Act. Chanter 2256. Texas Government Code,
3that the (bond resolutiowigan agreerngnt) contain a provision that no addidDnal revenue
bonds my be issued unless net system revenues for the last complete fiscal year or twelve (12)
onsecuuvc calendar mouth period ending not more than ninety (90) days preceding Lbc
adoption of additional bonds .hall have m less than 1 25 x the average Wumal debt service
requirements after giving effect of the additional b(n)ds.
6- that the shl I include a special covenant prohibiting
die Corpomfian from encurribering. plt:dging or odwrwrise inqmiruig the revenues of the System
in any manner to the payment of any obligations or with 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
p"raph 5, and that the Corporation will in no %4y -umber. pledge or otherwise impair its
title to the land used for the system or inters sz therein, or improvements and fkilities of die
system without prior Board approval;
an a provision that the Corporation will
that the (bqjLd reugutimi
lean 3&j#gMt) c*
at all times mitinmin and collect sufficient ram and thargt* w produce gross system revemts
in an amount necessary to:
a pay all maintenance. op rating and administrative expenses, -
h, meet die debt service requirements of all outstanding bondsiLoigis, ;acid
c, W rn=tzin the fim& estAblished and required by mch resolutiorOMEa&r
Sement;
V411RD-701C Ril"Cd 121115112M5 Appembx F 31
g. if there isan existing loan of ft Corporation that is to be outstanding after pLLoan
at
by the _BeLrg Virstiant to this conunimient. the lien or liens securing the g9ir4is loan
shall be at least on a parity with lien or Beams staring such outstanding loan,
9. that the Corporation file a Deed of Trust with the County Clerk in which the property is
located, uW 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 I in the Corporation's system:
16, diaE the Curporation file a security m5trumem with the Secreta of of State's Office. as
per Section 35.01 et wq of the 'res as Business and Conune= Code, to evidence the Hoard's
security- interest in any equipment dv-ectly related to waw supply and or sewer service, owned
or to be acquired by the Corporation;
11. that prior to closing, the Corlioration of a coirunitracnt from a title insurmxe
company, rmlting in the issuance of a mortgagee policy of tide insurance on the property
owned in fee simple, upon which the Board will be given a (or parity) lien first lien mortgage,
12. that the Corporation cure any defects or liens upon the property listed in Schedule C of
the tide insurance company commitment that ft Executive Administrator for the Bcwd deem
necessary;
M that the Corporation provide the Board with an anoTney's letter of asn-wance. relating to
the Corporation's easements. which states that there are no known complaints or defects
3ff0CtJM,* the Wernient.S;
14. that prior 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 loan or loans made by or through the
Board, rhe by-laws shall not be altered.. arnei.Wcd or mpealed without the prior written consent
of the Executive Administrator of the Board; aW
b, the Corporation is a nonprofit Corporation and no pan of the incorrie of the Corporation
will be distributed to the Corporation's members. directors, or officers;
15. that the jb9od Iutionfl tt a.g metrtm contain a provision that in the event the
Corporation converts to a district and the Corporation desires to sell its obligations to the
district, the conveyance and the assumption of the Board's loan to the Corporation must be
approved by the Board prior to the transfer-,
I& that the ttioW authorizing the issuance of obligations will
state that obligations can be called for early redemption onty in haver order of maturity. and
on any &-t,- ix-gatnmg on or after the first interest pay-ment dam which is 10 years from the
dared da:e of the obligations. at, a redempfion price of par, together witb accrued imerest to the
date fixed for redtiri;Kion:
17, that the political subdivision. or an obligated per5,on for whom financial or operating
data is presented either individually or in combination with other issuers of rho political
subdivision's obligitions or obligated persons, will. at a ininimum, covenant to comply with
WRD-701CRevised t2/15;2005 Appendix F J�
requiren-writs for continuing disclosure on an ongoing basis substantially in the man= required
br &-curities and Exchange Commission (SEC) rule 15c2-12 and detertninedas if the Board
were a Participating Undemriter withtn the mraniq of such rake. such continuing disclosure
undertaking being for the benefit of the Burd md the beneficial owner of the political
subdivision's obligations, if the Board sells or otherwise transfers such obligations, and the
beneficial owners of the SmWs bonds if the political subdivision is an obligated person with
rtT.mt to such bonds un&r rule 15c2- 12,
1,NrRD-10 I CIF--vmd 12'15�200 ApKnda F
ED-Iul
OW31W
SITE CERTIFICATE (ED -101)
This is to certifv that the -
(j.xpd N3mr a APPtic-1, i -t:-. OrY. MUIC1. tic )
has now acquired. taken bona fide options on, or initiated forrindl cora 'ort pro illt's
against all property- (silts. e2scnwnts, rights-of-way, or specific use permits) rse=sary for
construction. operation and maintenance of (water) (wastewater) facilities described as
�?-�Voscd c . *W DOUT*um)
in accordance with plans anti specifications approved by the Texas Waa Development Board,
Any Lc_ccLs or documents required to he recorded to protect the title(s) held by
ilz-jal NUM of AVO=M)
have been recorded or filed for record wherever necessary.
In the event of Conflicts witb existing underground utilities, or to preserve unknown cultural or
historic resources. the
,N 41 Wxaza)
has the right of eminent dornain and will take condemnation action, if necessary, to acquire
any sites, easemo-rits or rights-of-way which rnay be required to change the location of any of
the facilities described above: and upon acquisition of the rigbEs-of-way and recording of
do�urncnts, will subin it another site certificate to that effecl.
EXECUTED this day of
20
Mpultav)
('T ai,-,
Note-'hiscertificute,.Nltl!,STBE,.LXECtrMDBYANAl']'ORNTY ORAN AUS MACTOR qualiftedto
evaluate the Applieant's interest in the site and make swh a determination.
W' -701C Rc-.iwd 121151'.1005 Appendix F 35
WPJ)-ZM
02,14M
Groundwater Rights QUESTIONNAIRE (WRD-208a)
('Texas: Wam Cok Seam 17 1231
Section 17.123 of the Texas Water Code requires that before the Board can deliver fonds to an applicant
proposing undergmund water development. the applicant must supply information from which the Executive
Adminisuator can make a written find- ing that it has the right to use the water that the project will provide,
in order to provide the necessary facts upon which the Executive Administrator m make the tiridings
requirM for the resolution, you ar-requested to complete and return this Questionnaire.
i Does the applicant O*Am the land at the well site? (If not, what is
the ipplicant's intent regarding the site?)
Have the water rights been conveyed away by the applicant or its predecessors
in title, or reserved. prior to the applicanes acquisition of the land at the well
site?
3. is the project located in an and and water consen-ation
4. If the answer to 3 is yes, has any necessary permit been obtaineW
(.An affidavit from a title compall�v it sin questions 1, 2 and 3 is required by the Board.)
Signed the —. day Of —1 200
99"If
WKD-70ic plcvi" tz!15�2wl Appax"F 311 7
Item
Vei cripti'm
BREAKDOWN OF BID (ECS -102)
EXAMMV
tri a'y7XS't3.'Lt1''i k$6ttlaSili #i S£t'.i1113 IYat:'Y�.�ltis'
y�yy��,..,�..,, Unit l
.,ks.®FYt}E�' aa`11it Prict Ainusu5�
:.
BOW
s.
Moyt. 1u Coob
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Y
Fee=;
L S.
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9.
LV�retst�
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9.
CS13 mum fhy Clan)
C. Y.
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Reitsftsrein Steel
LLS.
13.
SE eEGa'sraa.� And smtgs'ut l S
L.S.
13..
SAF sed'u 3
C,Y
gas.
cow. Ftp
S
15.
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Hlawrt r#3£ dog Cit3W, Except Ci?mrov
17
Urt Sm tion Comp. fiver Comfete
16
Ystaf P Mg. S a}v , Ftuiap. CSL
L. S
r
C . . VANO, Fes, au.
L
19
M=01- - P
Fuml ts^
WP -D-701 C Rev m] 12/ 1 512005 Appendix F 45
uto
Gem
Quyutity
'rice Artuivaat
No.
Dawripdon
i;n3i
21.
Storm Oarifacr f--;t4uIP—at
I -A
.
Wurwal AM
1..
24.
All Weirs, Violin. +Gatca. uwd Trntsubs
L.S, _ --
25-
Flow Mew. t'T m -•a alm i&ra, atr3 How
L5.
.
variairic Spoil Pants incl Conuoltsri
L.S.
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Motm C04"A Crau rs
S -S.
Vc
L :S.
31
Swrw
LIS
313
AdMmtru6u 94,WS
L.S.
32.
Labomeary U4pqmwm Complete
L.S. ..._..........
Nvg=j I&I comp,
LS
35.
t anti c par
LS.
36.
tncutentur
LS.
33
Vu-%= FAW
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i.
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Site Wolk
L.S.
ai.
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L :.
TOTAL BASE BID
#
WRD-238
OT'201100
EXAMPLE
NO -LITIGATION CERTIFICATE (WRID-238)
U7.1513449MEM
C'04_-rn'OF
NV. the undersiped, officUIS Ota Upa"CITI, do here ' orifi N as
follows:
1,hat this C.crilf1cate is executed and delivered with reftrcncc to the following described bonds,
dated (the "Borld Datr"), in the
aggmgate principal allwUnt of "aunts")-
,
(2) The Bonds hAve bccn duly and OtTIC1111Y cxccuted by the undersiprd with their manual or iicsunik
stgnatur" In the Sam manner appear rig thereon, and the undersigned hereby a4 and ratify their respective
amial Or facSilmle form as the Case nut be,
signatures in the mamw appe;&rmg on each of the Bonds, v. ]tether in im Y
as amy aw" Pwinv. ADd ofmal signatures.
iD T t on
dale hefrof V -V were anj XT thedasly qo1ifvd arA acting offitrts, indiexted tottem a:,, --nzed to cxrccutr the
sarre
(4) The legally adopird proper and official caq�orate sea! a the Issuer is irnpmsed, wiprmtrd, or lithographed
on all of the Bonds and iinprtsscd Lm this certificate.
(5) No litigation of any nature is now pending before any federal or state court, or almilliqlTadvc body, or to
our 1ai*wlcJgc threatened. seeking to restrain or enjoin the issuance or delivery of tls Boads UT 411CI(Wriiay, the
Losuxxt or sale Of the Boild$, the authority or acnon of the Soviaming body of the Issuer relating to the ISSUInce of
sale of the pomds� the pledge of Pledged Roomues to PaY the Priwlpal of and micrest on the Bcmds, or th-al v4tnild
ethervAst A�hrmly affect in a mAtcrtal =nner The fmzmml tion of the Issuer to pay rice phm4ml of aid
tritert-o an the Donds, and dut ntitber thevistcwt a: boot ndams of the lir nor the 6& to hold off -,Cc
of AWj qx=,bcr of the gov body of the Ust= or any other clemd or appowted official of dw lst= is bcmg
cc.muxW or odxTvetw qutsfioncd,
(6) No audiort-ty or proceeding for the issuance, sale, or delivery of thBonds, p2ssed and adopted by ft -4
governing body of the 1"uer, has been amended, rcpciled, revoked, rescinded, or othcmise moifified since the date
of passage thereof and all such proceedings acid authority relating to the issuancrand sale of the Bonds remain in
full force and effect as ofthe date of this certificale.
(7) The Usuer hereby authorizes the Office Of The A110mv General to date this Certificate the date Of delivery
of m approNmg OPM10n. Mulagrces zo Wtio dw. Offfice of the Atrorney Ge=M1 Of MY CtIMPS w1th MirPCcit 10 dus
Ccmfx4te Or any hom documenti; to Vibich a is a party thal are nmaae bemren 441C date of s=h opmon ind the date
Qf Amng.
WRD-7011 Kcvised 1211VMS Appendix F 47
(Issuer's Sea I)
mcl_�_Iul 0EE19AL ILUI
(Secretary, :Trcasurer)
THE STATE OF TEXAS
COUNTIES OF - AND . .....
Ekrorc =, the Undemped"I Natmy Pubbc. on this day penottallyVpeared C, L#Mej Lwwn to nit to be tht
LQjffLqj,LTj WI and LyAWJ known to m to be theQMMJAJ�j and who in my pn=nce each executed this
imtrument before nx in the capacity represented and each of said petson's signatmt is genuine.
GIV2� LINWER MY HAND AND SEAL OF OFMF- thts the- ----day of
(N-lotary Sell)
Not= -y Public. State of Texas
W,RP-701C Revised U'l5i'200 Appcndix F 48
WRD-264 (2-25-05)
V TEXAS NVATER DEVELOPMENT BOARD
Water Conservation Utility Profile (4VRD-264)
The purpose of the Utility 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 CornPlete 311 questions as
completely and objectively as possible. See Water Convervation Plan Guidww-- Check[Lw (WRD-022) for
information on other xvaccr conservation provisions. you may contact the Municipal Watcr Conservation
Unit of the TNVDB at 512-436-2391 for assistance.
Name of Utility:
Address & Zip:
Telephone Number:
Form Completed By:
Signature.
APPLICANT DATA
Fav
Title:
Date:
Name and Phone Number of Person/Department responsible for implementing a water
consmation program:
Q
L CUSTOMER DATA
Phone:
UTILITY DATA
A. Population and Service Area Data
Please attach a copy of your Certificate of Convenience and Necessity (CCN)
from the TCEQ
2. Service area size (square miles):
IWRD-7010; Revised 12115!2005 Appe"x F 49
3. Current population of senice area'
4. Curr" population served by Utility.- a: Water
b: wastewater -
5, population served by water utility 6. Projected population for
for the prey iousbvtl Years. service area in the following
decades:
Year Population Year Population
2010
2020
2030
2040
2050
7. List source(s)Vtnethod(s) for the calculation of current and projected population:
B. Active CO)MeCdOns
.1.lassification, check
Curs enz t number of act i,, 1 ons by user We. If not a ScPaate C
whether multi-f4mily s,--. cc is counted as Residential or Commercial
LlLtsud
Residential -Single -Family,
Residential -Multi -Family
Commercial
-d 7xi s —tr i -a I
Public
Otber
LOI-31
%VRD-701 C Revised I–Vt Sf2005 Appcndix F �O
List the net number of now roa=tions per year for most recent three yc=,
Year
Residential--` e -family
Residential,-Muld-FamilY
Conm=cial
Industrial
Public
Other
C. Ifigh Volume Customers
List amival water tise for the five highest volume retail and wholesale customers
(Please indicate if treated or raw water delivery..)
indicate
custorrie Use(1,000gal.ly[j Trgated OR gg%
(1)
(2)
(3) —
(4)
(5) --
WRD-701CReviscd IDIS/2005 Appendix F 51
It. WATERUSE DATA FOR SERVICE AREA
A. Water Accounting tats
Amount of water use far previous five years (in 1,000 gal.):
Please indicatc: Diverted Water
Treated Water
Year
January
February
March
April
May
June
July
August
September
October
November
December
Total
Please indicate how the above figures were determined (c.g., from a master meter located at the
point of a di inion ficon, a stream or located at a point where raw water enters the treatment
plant., or ftom nater sales'),
1 Amount of water (in IOW gallons) delivered (sold) as recorded by the following
acto4nt types (See # 1. .Appendix A) for the past five- y1cars.
N 0-r
�par R�esidg Cal Ln-dustrial the Total Sold
Conupercial
%N'RD-`61CRC-*11rd 12. 1 5-200S F _S7,
List previous five years records
for water loss
(See #2, Appendix A)
Ym Amount (gal.)
4.List previous five years records for
annual peak -to -average daily use ratio
(See #3, Appendix A)
Year Avera C MGQ PeakMM Ratio
5. Total per capita water use for previous five years (See #4, Appendix A);
Total Diverted (or Per Capit
Year POPUlation Treated Less NVholesale Jgpcd
Sales (1,000 gal.)
6. Seasonal water use for the previous Five years (in gallons per person per day)
(See 95, Appendix A):
Base Per Summer Per
Year Popul1 Capita Use Capita Use
B. Projected Water Demands
Project water supply requirements fur at least the next ten 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.
WRQ -701C Revised M 512005 Appendix F
53
UL WATER SUPPLY SYSTEM
A. Water Supply Sources
List all current water supply sources and the amounts avrailable%rith each:
AMMt Available
Surface Water: MGD
Groundwater-. —MGD
convacu- IGD
Other.- MGD
Treatment and Distribution System
1.. Desigun daily capacity of system. MGD
2. Storage Capacity: Elevated jN4GD, Ground MGD
1. if surfacc water, do you rtcycle filter backiv"i to die head of the plant"
Yes — No If yes, approximately MGD.
4, Plea -w d=ribe the water system- Include the, number of treatment plants, wells,
and storage tanks. If possible, include a sketch of the system layoUl.
IV. WASTENVATER UTILM SYSTEM
A. Wastewater Sys -tern Data
1. Design capacity of wastewater treatment plant(s): MGD
or irrigation on-site site is treatcd effluent used f off plant
washdown , or chlorination idechlorination ?
if yes, approximately _ gallons per trionth. Could this be substituted for
potable water now being used in thm areas ?
3. Briefly describe the wastewater system(s) of the area serviced by the water utility.
Describe how treated wastewater is disposed of 'acre applicable, identify
treatment plant(s) wriih the TCEQ name and number, the operator. o%zer, and, if
wastewater is discharged, the receiving stream. Flease provide a sketch or map
-xrhich locates the plant(s) and discharge points or disposal sites.
WRD-7010?.tvisc1 1115;ZW3 APPendix F ;4
B. Wastewater Data for Service Area
1, Percent of water service area served by wastewater system:
2. Monthly volume treated for previous three years (in 1,000 gallons):
Year
January
February
March
April
May
June
July
Au gust
September
October
November
Decernber
Total
3
WRD-70 I C Revised 1211512005 Appendix F 55
Appendix A
Definitions of Utility Profile Terrus
ResidcutW sales should include water sold :o resideraial (Stnglt and Multz-Famay) cLw
custorners only.
I odusurbil sales should include water sold to manufacturing and other heavy industry.
Commercial sales should include water sold to all retail businesses, offices, hospitals, etc
Wholesale sales should i11C I U LIC water sold to another utility for a resale to the public for human
consumption.
1 Witter Lou is the differcricebetweenwater 2 utility purchases or products and the arriourit
of,%-&= that it can account for incs and other known uses for a jives pano& Water
to can =Adtfto mi,
d. inaccurate or incomplete record keeping;
2. meter eiror,
3. unmetered uses such as firefighting, line flushing, and water for public buildings and
water treatinent Plants,
4, leaks; and
5, water theft ar)d unaudxwu,-d use.
The peak -day to average -day ratio is calculated by dividing the n-axinwrn daily pumpage (in
million gallons per day) by the average daily purnpage. Average daily pumpage is the total
pumpage for the year {as reported in Section 11A 1, p, 4) divided by i6; and expressed in million
gallons per day,
4- Total use in gAlloris per capita per day is defined as total average daily amoutrit of water
diverted or pumped for treatracnit for potable use by a public water supply systern. The
cak-ulation is "ade by dividing the water dnvrted or pumped for it for potable, use by
population smIndirect reuse --nolumes; shall be cm(hted agamst total di} on voltmies for
the purpose of calculation gallons per capita per day for targets and goals deNvloped for the, water
conservation plan. Total watcr use is calculated by subtracting the wholesale sales from the total
water diverted or treated (as reported in Section HAI).
5. Smonal water Use is the difference between base (vNinter) daily per c-zpita use and surn.mcr daily
per capita use. To calculate the base daily per capita use, as the rounthly diversions for
December, January. and Fcbniz,*,, and divide this atvmge by 30. lbcn divide this fii by the
poptjlationTo calculate the summer daily per capita use, use the rnoriths of June, July. and
August.
WRD- 701 C Rcvm--d 11`154005 Apprndix F i F'
WRO-265
October, 2001
���MMM 1! � I � I 1� 11 IMMMor 111111 111
I ZMEMEMUM
For Questions or Information call:
Adolph L. Stickelbault
512-936-2391
Municipal Water Conservation Unit
ado 1ph.sticke lbau It @jwdb. state.m. 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 mefering, water
accounting and estimated water savings from reuselrecycling activities, leak
detection and repair and other conservation activities.
T following quest.,oni ase designed to provide the TW'D8 this in Pon in a concise and
consistent format for all loan recipients. Pleasic rill in the blanks that perWn to your prograin as
completely and objcclively as possible. As you complete the report form, please review your
utility's water conservation 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
WRD-701C Revised 12,1512005 Appendix F 57
LONNG-TERM NVATER CONSERVASION PROGR,",1
1. filucation and fitformation Program
(TWDR Rules require a continuing program that at ininlinimi prtj,�ides conservation
information directly to each customer. one otbtr type of annual educational water conservation
activity' and to proNride water conservation literature to new customers v%hen they apply for
service)
What is the total nurnber of waicr con.servwion brochu=s that your utility mailed to its ctlstomcr.�
during the lost 12 rnonths?
How many handouts were distributed to customers by field employees, at the utility office, and other
progranis and events?
Nuniber of water conscrmbon arucles published in local ncwspaper(s)
Which months were conservation messages printed an utility/water bills?
In addition, the fiAlowvng educaUon activitits %vre conducted during the rcportikg period
(presentations. school programs. exhibits, television, radio, etc.),
2. Water Con ser %,ati on. Ret rofs tan d Plain ting Rebate Progra tits
11a1re you conducted a plumbing retrofit or rebate program during the last 12 months? Yes No
If yes, approximately households roccomd kiEs/mbates. Please dmribe your program and
list specific items provided or types of fixtures rebated
3. Collst �n – Or[Ma
ted Rale Stcture
Const
Have your rates or rate :structure chwvged saw& your last repoW. _Yes No
If yes, please describe the changes and attach a copy of the new rate struc=c,
If YOU purchase water from a wholesale supplier, is this a "take or pay" contract? —Yes -No
lf,ms. what is voir ininimum vol'urne to take? gallonsiday.
WRD-701C ktrinsed I V15`2003 AK=dix F ;-S
4.t7,njvtrf.2l Metering and Meter R
(T%VDB Rates require that )our utility untle"At measures to determine and control
unaccounted for water.. UNI-Versal metering Of both customer and public uses. periodic meter
testing and repair, and diswbutiou system leak dettction and repair)
It, the first blank till in total number of meters in your utility for each type or sUe of meter.
Dunng the past 12 nw-nihs, what was the number Of (system-v*W-'
Production (master) meters
{tectal),
ttgtd
teP3ktd tepIsced
Meters urger than I 1AV'
001111),
ttged
repaired replaced
Meters I Mz" or smallcr
(total),
tested,
rcpaired replaced
.4. Wafer Audits and, Leak ]2etectjo
a.The total amount of water purchased or produced during the last 12 months was
b, The total arnount of account (mmre4) water sold during the last 12 months
c, The total amount of identified and estimated (*-no*M & explained) ices s
d, I -he tomi amount of lost water (unexplwntd missing water)
c. What is your water loss percent tap Gine d. + line a- x 100)
How often do you calculatt %atcr loss or audit the water in (Twws per
year)
Number of leaks repaired on the system and at Semice comcctiom
Please 1w the nude cause of water loss for water in your s,, stem; tezamples - leaks, un -metered
uhjjo,Or CIO, xrcs, problems with master maer, customer meters, record and dam problems,
Tice I'%VDB offers free technical assistance regarding leak (Ittectiou and unaccounted
far —Water. To find out more about this free service, please place chtckinark on left.
WRD-70 I C Revised 12)15t2005 Appendix F 59
6. WateL4
�euseryiyjy Ljudsca2ing
Please list any water -conserving landscaping programs, educational actvritles, or ordinances enacted
dunng the last 12 months.
7. Qther (7ornments
List any other water consenl3tion activities your utility is conducting.
DROUGHT CONMINGENCY/E5MRGENCY WATER DEMANDINIANAGIUMENT
S. During the past 12 months, did your utility find it necessary to activate its the Drought
comingcricyT-mergency Demand Managment Plan? (Please check one) _Yes _._.„Nut
If w
amwered yes, was the Twed due to. (Please check all applicAme)
(I)— water shortage, (2) _ high demand, (3) ___ inability to treat or pump water at required
rates,
(4) _ equipment failure, or (5) _ other causes7
if you answrrv,41 yes, what wore the ared cis ling dates,
dart Date (nine dd4T)
Ending Date (mnVdd/yr)
9. ftecycling and Retisc of Waterer Wastewater Effluent
repa of Ww" rcryding or r ==vows am practictd by uiilr, - Bxwnpim- efflu=t irrigAnom recyrling
Mw i wk-%-4sh. or usm-g cOucni for chlarmabm V wWm-Aza r1wit, e -C
10. The recycling and/or reuse (In Question 9) amounted to approximately gallons per
month for months. (Number of inonths)
M Approximately how much water did the atHity save during the reporting period due to the
overall conservation prognuil- [Review tbt r water copjMration plan rtgardine your jpcd
3ndloE other eoLU
Nfillinn gallons.
XVRD-701 C Revised 12.15:2005 Appendix F 6;r
EFFECTIVENESS OF THE PROGRAM
(Reorm the stated goal(s), of your Water omservation plan to g2ugetJTecti*,eum$
12. In your opinion, how you would rank the e0caivaless of your utility's consmztion program?
E. f fee ti Ve Somewhat effective Less than effective Not effective
13. Does the staff of your utility review the conservation program on a regular basis? —Yes No
HOW often? Year your plan was approved
14. What types of problems did yow utility crtcowtcr in implerrientilig the wata consmntlion program
di=g the Lag 12 manths?
IS. WhI,,t niight your unficy do to improve the effectiveness of your program?
16. 4i hat irnight the 1WDB do to improve the effemwness of your progr='
17, If laiown, how much expense bag your utility Incurred in implementing this program during the
reporting period (literature, materials, srafflime, etc.)? S - - (dollmVyear)
18. If known, how much did your program save? S (dollan/year based on water savings
and treatnvent or purchase of waster costs and any deferred capital costs due to consm-ation).
7'o ensure we address future correspondence to the proper person., please type or
print the following:
Name Title Phone Date
Errmil address:
For a list of free technical assistameservices iirvailablc from the TWDB, please Ante or call at
5 12463-7955, OT Check out = wvbsite-
Return completed form 1u:
Executive Administrator
Tens Water DevOopment Board
P.O. Box 13231
Austin, TX 78711-13231
ATTN: CONSERVATION
WRD-`01C Revised 12 1512005 Appendix F 61