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R-2016-144 2016-08-08RESOLUTION NO. R2016-144 A Resolution of the City Council of the City of Pearland, Texas, approving a revised funding assistance application to the Texas Water Development Board, Drinking Water State Revolving Fund (DWSRF) program; for the preliminary design, pilot testing, final design, and first phase (10 MGD) construction of a Surface Water Treatment Plant and associated water conveyance infrastructure and a water meter change out/replacement program in the amount of $159.5 million. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby approves revised funding assistance application for Texas Water Development Board, Drinking Water State Revolving Fund (DWSRF) program: for the preliminary design, pilot testing. final design, and first phase construction of a Surface Water Treatment Plant and associated water conveyance infrastructure and a water meter change out/replacement program in the amount of $159.5 million, a copy of which is attached hereto as Exhibit -A" and made a part hereof for all purposes. PASSED. APPROVED and ADOPTED this the 8th day of August, A.D., 2016. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2016-144 Exhibit "A" TW DB -0201 a Rev 1/312014 Application Filing and Authorized Representative Resolution (WRQ -201a) A RESOLUTION by the City Council of the City of Pearland, 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. BE IT RESOLVED BY THE City Council OF THE City of Pearland, Texas 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 $ 159,500,000 to provide for the costs of expansion of the City's Surface Water Treatment Plant including preliminary design, pilot testing, final design, construction of the first phase (10 MGD) Surface Water Treatment plant, associated water conveyance infrastructure and meter replacement program. SECTION 2: That City Manager, Deputy City Manager and Assistant City Manager be and is hereby designated the authorized representative of the City of Pearland, 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 authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the City of Pearland, Texas before any hearing held by the Texas Water Development Board on such application, to wit: Financial Advisor: Engineer: Bond Counsel: Mr. John Robuck, Vice President - Texas Public Finance BOSC, Inc. 1401 McKinney St. Suite 1000 Houston, TX 77010 Mr. Jeffrey Peters, P.E., BCEE Ardurra Group 2032 Buffalo Terrace, Houston, Texas 77019 Mr. Rick A. Witte Andrews Kurth 600 Travis, Suite 4200 Houston TX 77002 PASSED AND APPROVED, this the 8th day of August By: ,2016 . (Seal) TWDB-0201 Revised 2/21/2013 Application Affidavit (wRo-2o1) THE STATE OF TEXAS § COUNTY OF Brazoria APPLICANT City of Pearland, Texas BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Mr. Clay Pearson as the Authorized Representative of the City of Pearland, Texas , who being by me duly sworn, upon oath says that: 1. the decision by the City of Pearland, Texas (authority, city, county, corporation, district) 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, §551.001, et seq,) and after providing all such notice as required by such Act as is applicable to the City of Pearland, Texas (authority, city, county, corporation, district) ; 2. the information submitted in the application is true and correct according to my best knowledge and belief; 3. the City of Pearland, Texas (authority, city, county, corporation, district) has no pending, threatened, or outstanding judgments, orders, fines, penalties, taxes, assessment or other enforcement or compliance issue of any kind or nature by the Environmental Protection Agency, Texas Commission on Environmental 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"): the pending compliance violations and enforcement negotiations with the Texas Commission on Environmental Quality concerning the Reflection Bay Water Reclamation Facility and Barry Rose Water Reclamation Facility. 4. the City of Pearland, Texas (authority, city, county, corporation, district) warrants compliance with the representations made in the application in the event that the Board provides the financial assistance; and 5. the City of Pearland, Texas (authority, city, county, corporation, district) will comply with all applicable federal laws, rules, and regulations as well as the laws of this state and the rules and regulations of the Board. fficial • esentative - Mr. Clay Pearson Title: City Manager SWORN TO AND SUBSCRIBED BEFORE ME, by e6,S4 QSas_s 0 1 this �( day of On 1A6+ , (NOTARY'S SEAL) ic, State of e s TW DB -020113 Revised 02/21/2013 Application Resolution - Certificate of Secretary (wRD-201b) THE STATE OF TEXAS COUNTY OF Brazoria APPLICANT City of Pearland 1, the undersigned, Secretary of the City of Pearland DO HEREBY CERTIFY as follows: Texas, 1. That on the 8th day of August , 20 16 , a regular/special meeting of the City of Pearland constituted members of the was held at a meeting place within the City; the duly City Council of the City of Pearland, Texas being as follows: and all of said persons were present at said meeting, except the following: Among other business considered at said meeting, the attached resolution entitled: "A RESOLUTION by the City Council of the City of Pearland, Texas requesting financial participation from the Texas Water Development Board; authorizing the filing of an application for financial participation; and making certain findings in connection therewith." City of Pearland City Council was introduced and submitted to the for passage and adoption. Afteiy, presentation and due consideration of the resolution, and upon a motion made by C,rwel Ifh,rni-gE and seconded by CcWIttnMtivtbkR, M Q£ , the resolution was duly passed and adopted by the f3i'.DLIN by the following vote: to voted "For" -- voted "Against" abstained all as shown in the official Minutes of the 4ct.lt $ 24:L(g for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City of Pearland, Texas ; the duly qualified and acting members of the City Council on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of said meeting was given to each member of the City Council ; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the above entitled resolution, was posted and given in advance thereof in compliance with the provisions of Chapter 551 of the Texas Government Code. IN WITNESS WHEREOF, 1 have hereunto signedmx name officially and affixed the seal of said ?,Q ekiNki Cf42i4-10-, this theof atoit , 20 t ( . (SEAL) STATE OF TEXAS COUNTY OF Brazoria SITE CERTIFICATE ED -I01 Revised II/1/2011 Before me, the undersigned notary, on this day personally appeared Clay Pearson, City Manager , a person whose identity is known to me or who has presented to me a satisfactory proof of identity. After I administered an oath, this person swore to the following: (1) My name is Clay Pearson, City Manager of the City of Pearland, Texas . I am over 18 years of age and I am of sound mind, and capable of swearing to the facts contained in this Site Certificate. The facts stated in this certificate are within my personal knowledge and are true and correct. (2) I am an authorized representative of City of Pearland , an entity that has filed an application for financial assistance with the Texas Water Development Board for a (water) (wastewater) project. LEGAL CERTIFICATION — OWNERSHIP INTEREST This is to certify that the City of Pearland, Texas (Legal Name of Applicant, i.e., City, District, etc.) has acquired or is in the process of acquiring the necessary real property interest, as evidenced by fee simple purchase or fully executed earnest money contracts, firm option agreements to purchase the subject property or the initiation of eminent domain procedures, that such acquisition will guarantee access and egress and such interest will contain the necessary easements, rights of way or unrestricted use as is required for the project being financed by the Texas Water Development Board. The legal description is referenced below: 3720 CR 48, Rosharon TX 77583 (Location and Description of Property Interests acquired for Project) Any deeds or other instruments required to be recorded to protect the title(s) held by the City of Pearland, Texas (Legal Name of Applicant) have been recorded or filed for the record in the County deed records or other required location. ED -101 Revised 11/1/2011 Not Applicable LEGAL CERTIFICATION — LEASE/CONTRACT In the alternative, I certify that f Legal Name of Applicant. i.e.. City. District. etc.) has executed a written lease or other contractual agreement to use the property needed for this (water) (wastewater) project that extends through , the life of the Texas Water Development Board loan or grant that will be used to finance this project, either in whole or in part. A copy of this lease or agreement is attached hereto. Not Applicable LEGAL CERTIFICATION — PROPERTY EASEMENT In the alternative, I certify that (Legal Name of Applicant, i.e., City, District, etc.) has executed an express easement to use the property needed for this (water) (wastewater) project that extends through , the life of the Texas Water Development Board loan or grant that will be used to finance this project, either in whole or in part. A copy of the express easement agreement is attached hereto. EXECUTED this 4•1day o , 201 (Signa Mr. Clay Pearson (Print Name) City Manager (Title) Pe tstyn1 Sworn to and subscribed before me by on VI , 201 [SEAL] MARIA E. RODRIGUEZ NOTARY PUeUC. STATE OF TEXAS MY COMMISSION WINES Expires: FMoury 2S. 2017 Nobly CO 10811221-7 otary ' ublic in and for the exas My Commission expires: 0_42„41€. ;Lb 1 W RD -2I 3 Revised May, 2009 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbing," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. Gy Head of Agency or Organization Date Mr. Clay Pearson, City Manager Type Name & Title Name and Address of Agency/Organization: City of Pearland, Texas; 3519 Liberty Drive Pearland TX 775814 SRF -404 4!I6/2015 Debarment / Suspension Certification I, Clay Pearson , hereby certify that I have checked on the federal (Authorized Representative of Recipient) System for Award Management (www.sam.gov) website and determined that the City of Pearland is not shown as an "excluded party" that is debarred, (Name of entity) suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. (See 2 CFR Part 180 and 2 CFR Part 1532 for additional information on the federal governmentwide debarment and suspension system for nonprocurement programs and activities.) I understand that a false statement herein may subject me to penalties under federal and state laws relatin to filin ' false statements and other relevant statutes. 14 August 8, 2016 Sign r're Date City Ma ager Title City of Pearland Name of Recipient Verifying prime contractors and subcontractors for construction, equipment, supplies and services: Using the www.sam.gov website, the recipient must verify prior to awarding the contract that the prime contractor is not listed as an "excluded party" that is debarred, suspended or otherwise excluded from or ineligible. Once any subcontractors are known, they also must be verified as not listed as an "excluded party" prior to award of a subcontract. The recipient must print a dated record of the verification from the www.sam.gov website and retain a copy that is available for review by TWDB. The prime contractors and subcontractors must be verified prior to the contract award or the costs may be disallowed. OMB Approval No. 0348-0042 ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non-discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9 Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of EPA -424d, March, 2012 specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3601 et seq.), as amended relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 1 1. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform National Environmental Policy Act of 1969 (P.L. 91- 190 and Executive Order (EO) Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions 12. Will comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 974, as amended (P.L. 93-523); 13. Will comply, as applicable, with the provision of the Davis -Bacon Act (40 U.S.C. 3141-3144), the Copeland Act (18 U.S.C. 874; 40 U.S.C. and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 3145), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701, et seq.; 29 CFR 16. Will comply with the Wild and Scenic Rivers Part 5) regarding labor standards of federally assisted construction sub -agreements. Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood rivers system. Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is 17. Will assist the awarding agency in assuring $1.0,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE City Manager APPLICANT ORGANIZATION City of Pearland DATE SUBMITTED 08/08/2016 Previous Edition Usable EPA -424d, March, 2012 Authorized for Local Reproduction Standard Form 424D (Rev 4-2012) Prescribed by OMB Circular A-102 TWDB-0215 Revised 2/16/2012 f TWDB-0215 APPLICANT/ENTITY TEXAS WATER DEVELOPMENT BOARD AFFIRMATIVE STEPS CERTIFICATION and GOALS I. PROJECT INFORMATION A. TWDBg Project No. Applicant/Entity Name C. Total TWDB Funding Request [ D. Program Type I (insert "X" for all that apply) X Drinking Water SRF (DWSRF) City of Pearland, Texas $159,500,000 ❑ Clean Water SRF (CWSRF) II. GOOD FAITH EFFORT (Applicable to all PRIME contracts awarded by the applicant/entity) I understand that it is my responsibility to comply with all state and federal regulations and guidance in the utilization of Minority and Women -Owned Businesses in procurement. I certify that I will make a "good faith effort" to afford op ortunities for Minority Business Enterprise (MBE), and Women -Owned Business Enterprise (WBE) by: 1 Including qualified MBEs and WBEs on procurement solicitation lists 2 Soliciting potential MBE's and WBE's 3 Reducing contract size/quantities when economically feasible to permit maximum participation by MBEs and WBE's 4 Establishing delivery schedules to encourage participation by MBEs and WBE's 5 Using the services and assistance of the Small Business Administration, Minority Business Development Agency, U.S. Department of Commerce, and Texas Marketplace 6 Requiring all PRIME contractors to follow steps 1-5 of the "good faith effort" in employing MBE and WBE Subcontractors Signat Ap icant/Entity Representative Title Certification Date City Manager III. PROJE T PARTICIPATION ESTIMATES Total Procurement Potential MBE Participation Potential WBE Participation Cost Category Total Goal Extension Goal Extension Construction $ 12.94% $ 0.00 8.72% $ 0.00 Equipment $ 7.12% $ 0.00 5.39% $ 0.00 Supplies $ 9.68% $ 0.00 9.34% $ 0.00 Services $ 10.84% $ 0.00 5.72% $ 0.00 Total Procurement (must equal loan/grant amount) $ 0.00 $ 0.00 $0,00 The fair share goals listed above are required h1.40 CFR Part 33 Subpart 1) and are directly negotiated with EP. -1 Region 6. Entities receiving federal financial assistance are subject to the T{f'DB'.s goals and may not be substituted with other agency or program goals. IV. TWDB APPROVAL SIGNATURE Form Meets DBE Requirements Yes No DBE Coordinator Approval Date TWDB-0215 Revised 2/16/2012 (TWDB-0215 APPLICANT/ENTITY TEXAS WATER DEVELOPMENT BOARD AFFIRMATIVE STEPS CERTIFICATION and GOALS I. PROJECT INFORMATION A. TWDB Project No.B.Funding Applicant/Entity Name C. Total TWDB Request D. Program Type (insert "X" for all that apply) X Drinking Water SRF (DWSRF) 12144 City of Pearland, Texas $159,500,000 0 Clean Water SRF (CWSRF) II. GOOD FAITH EFFORT (Applicable to all PRIME contracts awarded by the applicant/entity) I understand that it is my responsibility to comply with all state and federal regulations and guidance in the utilization of Minority and Women -Owned Businesses in procurement. I certify that I will make a "good faith effort" to afford opportunities for Minority Business Enterprise (MBE), and Women -Owned Business Enterprise (WBE) by: 1 Including qualified MBEs and WBEs on procurement solicitation lists 2 Soliciting potential MBEs and WBE's 3 Reducing contract size/quantities when economically feasible to permit maximum participation by MBE's and WBE's 4 Establishing delivery schedules to encourage participation by MBE's and WBE's 5 Using the services and assistance of the Small Business Administration, Minority Business Development Agency, U.S. Department of Commerce, and Texas Marketplace 6 Requiring all PRIME contractors to follow steps 1-5 of the "good faith effort" in employing MBE and WBE Subcontractors Signature - p licant/ ntity Representative Title Certification Date City Manager III. PROJECT ARTICIPATION ESTIMATES Total Procurement Potential MBE Participation Potential WBE Participation Cost Category Total Goal Extension Goal Extension Construction $ 84,300,000.00 12.94% $ 10,908,420.00 8.72% $ 7.350,960.00 Equipment $42,150,000.00 7.12% $3,001,080.00 5.39% $2,271,885.00 Supplies $14,050,000.00 9.68% $1,360,040.00 9.34% $1,312,270.00 Services $19,000,000.00 10.84% $2,059,600.00 5.72% $1,086,800.00 Total Procurement (must equal loan/grant amount) $ 159,500,000.00 $ 17,329,140.00 $12,021,915.00 The fair share goals listed above are required by 40 CTR Part 33 Subpart I) and are directly negotiated with EPA Region 6. Entities receiving federal financial assistance are subject to the T{i'DB'.s gouts and may not be substituted with other agency or program goals. IV. TWDB APPROVAL SIGNATURE Form Meets DBE Requirements Yes No DBE Coordinator Approval Date Page 1 of'2 TWDB-0216 Revised 2/16/2012 TTWDB-0216 TEXAS WATER DEVELOPMENT BOARD AFFIRMATIVE STEPS SOLICITATION REPORT I. PROJECT INFORMATION A. TW DB Project No. B. Applicant/Entity Name C. Total TWDB Funding Reauest D. Program Type (insert "X" for all that apply) 12144 City of Pearland, Texas 1 Drinking Water SRF (DWSRF) $159,500,000 Clean Water SRF (CWSRF) Project Name: 10 MGD Surface Water Treatment Plant Solicitation By: ✓ Applicant/Entity ❑ Prime Contractor: Project Phase: ✓ Application ❑ Planning/Design n Construction Contract # II. PROJECT BIDDERS LIST: Instructions Columns 1 - 4 List on this form, or provide on a separate list, each business entity solicited for procurement, the following: 1-Full business name & point of contact, 2-business address, 3-telephone number and 4-email for each business or firm. Entities must solicit to a minimum of 3 business/firms for each type of contract sought (i.e. three engineering, financial advisor, and bond counsel firms) to demonstrate a Good Faith Effort. Instructions Column 5 Enter one of the following procurement or contract categories: CONSTRUCTION — SUPPLIES — EQUIPMENT — SERVICES Instructions 6 Enter the type of business: Minority Business Enterprise (MBE), Women-Owned Business Enterprise (WBE), or OTHER (NOTE! "OTHER" = Company or firm is Non-MBE or WBE) Instructions Column 7 To achieve a "Good Faith Effort" a minimum of two methods must be utilized for solicitation, however, additional methods are encouraged by the TWDB should any of the attempted methods fail to meet DBE program requirements. Adequate backup documentation must be attached to this form for each method used. Methods of solicitation include: 1. Newspaper Advertisements 2. Direct Contact by Phone, Fax, USPS Mail, E-mail 3. Meetings or Conferences 4. Minority Media 5. Internet & Web Postings 6. Trade Association Publications 7. Other Government Publications Notice: Entities receiving federal SRF loans must create and maintain a bidder's list if the recipient of the loan is subject to competitive bidding requirements. The list must include all firms that bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs and non-MBE/WBEs. Entities must keep the bidders list until the project is complete, the project period has expired, and the recipient is no longer receiving EPA funding under the loan. Page 2 of 2 TWDB-0216 Revised 2/16/2012 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Business Name & Point of Contact Business Address Telephone Number E-Mail Address Procurement Category MBE/WBE Status Solicitation Methods 1. Ardurra Group 2032 Buffalo Terrace Drive (713) 385-5601 jpeters@ardurragrou p.com Services Other 2 and 3 Jeffrey S. Peters Houston, TX 77019 2. Carollo Engineers 10375 Richmond Ave #1625 (281) 872-4512 mvictor@carollo.com Services Other 2 and 3 Meera Victor Houston, TX 77042 3. Enprotec / Hibbs & Todd 402 Cedar Street (325) 698-5560 scott.hibbs@e-ht.co m Services Other 2 and 3 Scott Hibbs Abilene, TX 79601 4. 5. 6. 7. 8. 9. Use additional sheets if necessary Signature - Applicant/Entity or Prime Contractor Title Certification Date Principal Engineer 08/05/2016 III. TWDB APPROVAL SIGNATURE Form meets DBE Requirements Yes ❑ No ❑ DBE Coordinator Approval Date ITWDB-037J TEXAS WATER DEVELOPMENT BOARD LOAN/PRINCIPAL FORGIVENESS PARTICIPATION SUMMARY I. PROJECT INFORMATION TWDB-0373 Revised 2116/2012 A. TWDB Project No. B. Applicant/Entity Name C. Total TWDB Funding Request D. Program Type (insert "X" for all that apply) 12144 City of Pearland, Texas $159,500,000 n Drinking Water SRF (DWSRF) Clean Water SRF (CWSRF) Project Name: 10 MGD Surface Water Treatment Plant Solicitation By: ❑✓ Applicant/Entity ❑ Prime Contractor: Project Phase: ❑✓ Loan Commitment/Closing ❑ Planning/Design ❑ Construction Contract # II. LIST OF ACTUAL CONTRACTS/PROCUREMENTS Instructions Column 1 Enter the full name, street address, city/state/zip for each firm awarded a contract for the project Instructions Column 2 Instructions Column 3 Enter one of the following procurement or contract categories: CONSTRUCTION — SUPPLIES — EQUIPMENT — SERVICES Enter the type of business: Minority Business Enterprise (MBE), Women -Owned Business Enterprise (WBE), or OTHER (NOTE: "OTHER" = Company or firm is Non -MBE or WBE) Instructions Column 4 Enter the exact amount of the awarded contract Instructions Column 5 Enter the exact date the contract was or will be executed Instructions Column 6 Indicate if valid MBE/WBE Certification is attached Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Name & Address of Contracted FirmNendor Procurement Category MBE/WBE Status Actual Contract Awarded ($) Contract Execution Date MBE/WBE Certification Included? (Y/N) (if applicable) Ardurra Group 2032 Buffalo Terrace, Houston, TX 77019 Services Other $376,134.00 06/28/2016 n Yes ❑✓ No Yes 1 No TWDB-0373 Revised 2/16/2012 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Name & Address of Contracted FirmNendor Procurement Category MBE/WBE Status Actual Contract Awarded ($) Contract Execution Date MBE/WBE Certification Included? (Y/N) (if applicable) 3 Yes No 4 1 I Yes No 5 1 1 Yes No 6 ❑ Yes No 7 Yes ❑ No 8 ❑ Yes ❑ No g ❑ Yes No Si to e - Applicant/Entity Representative Title Certification Date ki ik III. TWDB APPROVAL SIGNATURE Form meets DBE Requirements Yes No DBE Coordinator Approval Date