Res 2015-045/Loan forgiveness agreement with TWBD for Reclaimed Water System Expansion

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ARTICLE IV. PLANNING AND DESIGN 4.01. PROJECT REQUIREMENTS. The City shall comply with the following: A. Plans and Specifications. The City shall construct the Project in accordance with the plans and specifications as sealed by a State licensed engineer and as approved by the Executive Administrator in compliance with 31 TAC §§ 375.80- 375.83. B. Changes to Plans and Specifications. The City shall not make or implement any changes to the scope of the Executive Administrator's approved Project or to the specifications for the Project including, but not limited to, changes to the Green Project Reserve portion of the Project without the written approval of the Executive Administrator. C. Project Schedule. The City shall adhere to the TWDB approved Project schedule, attached as EXHIBIT E, and shall timely and expeditiously use loan proceeds and complete the Project. The City shall not exceed or revise the Project schedule except upon written approval from the TWDB. The City shall not delay the Project completion date except by Amendment to this Agreement. D. Project Budget. The City shall be solely responsible for all costs that exceed the TWDB approved Project budget, attached as EXHIBIT F. The City shall notify the Executive Administrator immediately when it appears that the Project budget may not be sufficient to complete the Project. The City shall not exceed the Project budget except by Amendment to this Agreement. E. Environmental Compliance. The City shall comply with all environmental conditions and shall implement environmental mitigation measures as required through TWDB environmental review under 31 TAC Chapter 375, Subchapter E. 4.02. PROGRESS REPORTS. The Executive Administrator may request reports on the progress of the Project at any time. The reports shall contain information as directed by the Executive Administrator and shall be submitted periodically as requested. The City shall respond as requested and a failure to respond may result in withholding the release of funds from the Escrow Account. ARTICLE V. SPECIAL COVENANTS AND REPRESENTATIONS 5.01. CONDITIONS FOR DISBURSEMENT OF LOAN FORGIVENESS FUNDS. No Loan Forgiveness Funds shall be deposited into the Escrow Account or released until the applicable requirements and conditions in the TWDB Resolution and 31 TAC § 375.92, relating to Disbursement of Funds, are met. Construction funds shall not be released unless the City has complied with 31 TAC Chapter 375, Subchapter E, relating to Environmental Reviews and Determinations and 31 TAC Chapter 375, §§ 375.80 — 375.83, relating to Engineering Review and Approval. If other conditions affect the release of funds, the Parties agree to negotiate in good faith regarding any new or different terms or conditions that become applicable to the release of Loan Forgiveness Funds. TWDB Contract No.LF1000351 Page 8 of 15 OGC -001 11/06/2014