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Res 2015-045/Loan forgiveness agreement with TWBD for Reclaimed Water System Expansion
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Res 2015-045/Loan forgiveness agreement with TWBD for Reclaimed Water System Expansion
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6/8/2015 10:17:13 AM
Creation date
4/9/2015 4:32:38 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-45
Date
4/7/2015
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pursuant to the TWDB Resolution, which is attached to this Agreement as EXHIBIT A. <br />The City is authorized to execute this Agreement through its authorized representative <br />designated in a resolution duly adopted by the governing body of the City, a copy of <br />which is attached hereto as EXHIBIT B. <br />D. Nothing in this Agreement supersedes or affects any provisions of the Obligations <br />relating to the Loan amount not forgiven. <br />ARTICLE III. LEGAL REQUIREMENTS <br />3.01. APPLICABLE LAWS. In consideration of the performance of the mutual agreements <br />set forth in this Agreement, the City, by and through its designated and authorized <br />representatives, agrees to plan, design, and construct the Project in compliance with the <br />following: <br />A. the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq., and EPA regulations <br />at 40 CFR Part 35; <br />B. all federal laws and regulations identified on EXHIBIT C; <br />C. Texas Water Code, Chapter 15, §§ 15.601 — 15.618; and <br />D. 31 TAC Chapter 375. <br />3.02. LABOR STATUTES AND REGULATIONS. The City agrees to comply with the <br />following statutes and regulations, and shall execute the certifications required by the TWDB <br />related to same. Further, the City shall ensure that each contract for work on the Project shall <br />also contain the following requirements. <br />A. Equal Employment Opportunity. The City shall comply with Executive Order 11246 of <br />September 24, 1965, entitled "Equal Employment Opportunity," as amended by <br />Executive Order 11375 of October 13, 1967, and U.S. Department of Labor regulations at <br />41 CFR Chapter 60, relating to Office of Federal Contract Compliance, EEO. The City <br />shall include this provision in any contract or subcontract in excess of $10,000 as <br />required by 40 CFR § 31.36. <br />B. Davis -Bacon Act Wage Rates. The City, its contractors and its subcontractors, for the <br />Project that is funded in whole or in part with Loan Forgiveness Funds, shall pay all <br />laborers and mechanics at rates not less than those prevailing on similar projects in the <br />same locality, as determined by the U.S. Secretary of Labor's Wage and Hour Division, <br />in conformance with the Davis —Bacon Act, 40 U.S.C. §§ 3141 - 3148, 29 CFR Part 5, <br />relating to Labor Standards Provisions Applicable to Contracts Covering Federally <br />Financed and Assisted Construction, and 29 CFR Part 3, relating to Contractors and <br />Subcontractors on Public Work Financed in Whole or in Part by Loans or Grants from <br />the United States. All contracts and subcontracts for the construction of the Project <br />carried out in whole or in part with assistance made available as stated herein shall insert <br />TWDB Contract No.LF1000351 <br />Page 6 of 15 <br />OGC -001 11/06/2014 <br />
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