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<br />C. Contractor shall not advertise or solicit bids for construction or rehabilitation of a project assist- <br />ed with funds provided under this contract until Contractor has received the applicable prevailing <br />wage rates from Department. <br />D, Contractor shall provide documentation to Department that the final plans and specifications for <br />its water system improvements have been approved by the Texas Department of Health, Water <br />Hygiene Division in Austin, Texas, and shall be identified as activities being financed through the <br />Texas Department of Commerce prior to construction and prior to Department's release of funds for <br />such activities, <br />E. Contractor shall submit to Department a copy of its executed contract with the private firm <br />involved in the project funded under this contract prior to Department's release of project funds for <br />such project. Such document must detail the terms and conditions, including the following: (1) the <br />types of positions, number, and wage scales of all permanent positions to be created/retained as a <br />result of this project, including a provision requiring that 51 % or more of all jobs created or retained <br />are filled by low-to-moderate income persons; (2) a hiring plan that includes methods of identifying <br />and training potential low/moderate income job applicants; (3) the activities to be performed by <br />Contractor and the private firm, as specified in Exhibit A, Performance Statement, of this contract; (4) <br />provision requiring the private firm to repay Contractor for the contract construction funds expended <br />in the event the private firm does not fulfill its responsibilities under the agreement to the eXtent as <br />deemed necessary or appropriate by Contractor; and (5) any other relevant details or special <br />conditions placed on the award. <br />F, In the event Contractor fails to satisfy any special condition of this contract, fails to implement <br />the project described in Exhibit AI Performance Statement, of this contract, including ensuring the <br />creation or retention of the number of permanent jobs specified therein, or fails to comply with any <br />provision of this contract, in addition to the remedies specified elsewhere in this contract, Contractor <br />may be liable to Department for an amount not to exceed Department's maximum obligation under <br />this contract, and may be barred from applying for or receiving additional Texas Community Devel- <br />opment Program contracts until repayment to Department is made and any other compliance or <br />audit finding is resolved. <br />G. Contractor shall provide Department documentation of CTEC's equity injection of Two Million <br />Forty Thousand and No/100 Dollars ($2,040,000). This injection shall be in the form of equity from <br />machinery and equipment. <br />H. Contractor shall submit to Department documentation (Le., a resolution) of its local funding com- <br />mitment of Two Hundred Thirty-five Thousand and No/100 Dollars ($235,000) for completion of the <br />project funded under this contract prior to Department's release of project funds for such project. <br />1. Contractor shall ensure that any business, that connects to the water line being constructed with <br />funds provided under this contract executes a written contract with Contractor committing to provide <br />at least fifty-one percent (51 %) of the created/retained jobs to low and moderate income individuals. <br />J. Contractor shall submit to Department documentation that the final plans and specifications for <br />its bore under Interstate Highway 35 have been approved by the Texas Highway Department prior to <br />construction and prior to Department's release of funds for such activities. <br /> Page 11 of 12 <br />