2013-003 RES APPROVING EXECUTION AND DELIVERY OF LOAN AGREEMENT WITH LOAN FORGIVENESS

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� .--. State Revolvin� Fund Conditions 28. the City shall submit outlay reports with sufficient documentation on costs (e.g., invoices, receipts) on a quarterly or monthly basis in accordance with the TWDB's outlay report guidelines; 29. all laborers and mechanics employed by contractors and subcontractors for projects shall be paid wages at rates not less than those prevailing on pmjects of a similar chazacter in the locality in accordance with the Davis-Bacon Act, and the U.S. Department of Labor's implementing regulations. The recipient, all contractors, and all sub-conhactors shall ensure that all project contracts mandate compliance with Davis-Bacon; 30. the Obligations or Loan Forgiveness Agreement must include a provision stating that the City shall provide the TWDB with all information required to be reported in accordance with the Federal Funding Accoeuitability and Transparency Act of 2006, Pub. L. 109- 282. The City shall obtain a Data Universal Numbering System ("DUNS") Number and shail register with Central Contractor Registration ("CCR"), and maintain current registration at all times during which the Obligations are outstanding; 31. the Obligations shall provide that all loan proceeds will be timely and expeditiously used, as required by federal statute and EPA regulations, and also shall provide that the City will adhere to an Executive Administrator-appmved project schedule, which shall not be altered except for good cause shown and only with the written approval of the Executive Administrator; Drinking Water State Revolving Fund Conditions 32. the TWDB retains the option to purchase the Obligations in separate lots and/or on an installment basis, with delivery of the purchase price for each installment to be paid against delivery of the relevant installment of Obligations as approved by the TWDB's Executive Administrator; 33. prior to or at closing on either the entire amount or the first installment delivery of these Obligations, the City shall pay a 2.25% origination fee to the TWDB calculated pursuant to TWDB rules; 34. prior to closing, the Texas Commission on Environmental Quality, ("TCEQ"), must make a determination, the form and substance of which is satisfactory to the Executive Administrator, that the City has demonstrated the necessary financial, managerial, and technical capabilities to proceed with the project or projects to be funded with the proceeds of these Obligations; 35. the City shall submit documents evidencing compliance with competitive solicitation as required by Chapter 2254, Texas Government Code, and prior to release of funds for professional consultants including, but not limited to, the engineer, financial advisor, and Exhibit A, Page 8 of 10