HomeMy WebLinkAboutSanitary Sewer Improvements 1970 DAA -74 -70
CITY OF COLLEGE STATION
COLLEGE STATION, 't` E xA8
June 29, 1970
MEMORANDUM TO City Council
FROM: Mayor
SUBJECT: Sewage Disposal Pltnt and 'eater Extension,
EDA Grant
1. I attach hereto a copy of a memorandum and attachments as received from Codie
Wells on above subject, which are self - explanatory.
2. A seven percent increase is a lot of money and is a reason why, as I indicated
earlier, we should proceed soon with our proposed bond issue on this and other
matters, for which we are currently getting information.
DAA:las
Enclosures
co: C. 1). Wells (without enclosures )
City Manager titan Boswell
CODIE D. WELLS, P.E.
C O N S U L T I N G E N G I N E E R
1202 ASHBURN AVE. E
COLLEGE STATION, TEXAS
PHONE 846.7969
June 20, 1970
Mayor D. A. Anderson.
City of College Station
College Station, Texas.
Dear sir:
Our "Summary Engineering Report of Sewerage, Sewage Treatment
and Water Main Requirements for the City of College Station, Tex-
as" for the year 1969, provides an estimate of construction con-
tract cost for the work to be placed under contract in the latter
part of 1969. This estimate was the basis for a grant application
made to the EDA under date of May 1969, and was made a part of
the application under Exhibit #19.
It is our understanding that the City has now received appro-
val of a grant in aid for this project, and that it is proposed
to finance the balance of the cost through a revenue bond issue.
Since the project has been delayed and the construction bid date
must be moved forward, it follows that the original estimate of
contract cost must be increased to reflect the rising cost of
construction.
Here again I must assume a date for receiving bids, and
would recommend that bids be received in December 1970. This
will allow two months for voting and sale of the bonds and then
four months for completion of plans and specifications and the
receipt of bids. 1 might add that December is generally a good
month to receive bids, based on past bidding records. Thus the
bid date is moved forward one year.
The Engineering News Record 2nd. Quarterly Cost summary and
forecast, dated June 18, 1970, shown an ENR cost rise on this
class of construction of 10% per year. It quotes FWQA, U.S. Dept.
of Interior estimate 6% per year. I am using 7% and feel that
this is adequate i ve use the 10% project contingency figure as-
provided in the EDA Estimated Project Cost, which is on page 4
of the EDA application form.
In order that all coats of the project will be clearly
shown, I am attaching a copy of the original estimate, which
shows the escalation and all calculations.
If 1 can be of further service please advise.
C . D. ells. PE
Consulting Engineer.
IV. FINANCIAL DATA
NOTEt .lf Basic Grant Is b•Ing ebtalned from another Federal Agency and only • Suppl.montery Grant Is being requested from
EDA, Applicant Is NOT r.qulr.d to furnish breakdown of costs es shown In (torn 22. Instead, Insert total polite
cost as It.m 224. `'
22. Estimated Project Cost:
See Exhibit #22A ' . ,
A. Preliminary Expense (Compton tshMNf f ?A and Insert fefal hers) •t $ 3,390.00
r
B. Land and Rights-of-Way ..: • ♦ • .,s • , s 1 • • $ , 1, 000. 00 s
1 I 1 u•l iv --
C. Construction by Contract . ( V Q F�.$t 4-Pit .7°i. 4 . Q� e . .xg �F.) . • • • • re • • . • • , ;4
ti
D. Machinery and Equipment not included in Construction Contract • $ - 0
E. A/E Services provided under an agreement or contracts
33,969.00 „.
r� 1
(1) A /E Fees • Vpr.cQ$tnipt •r0Ob a( � , o••.•o •••.o..e 1 41r440.8A
(2) Resident Inspection , $ 7, 200. 00 .
(j) Test Borings $ 0
(4) Other (sp.o/fy) •■■■•••■■■■•••
1', 0
Attseh sxplanatioe as Exhibit 21E(4)
41,160.00
TOTAL. (item E) ... $, — 30,-4401-40--
F. Legal and Administrative Expense .••. • ••ee•o•ooe•eoe••• ••••.• o . • 900 o• $, 15,000,00
G. Capitalized Interest:
(1) During Construction • • • • . o . • .. • • • . • .. • . • . • .,. . _ _ 0
(2) During Development •,,, $ 0
',
TOTAL Minn 0)... . • • • • $ 0
\ 626,550.00
H. TOTAL (Items A • G) .. • : • • •' • • • • s .. . .. $ —686
,
62,655.00
I. Project Contingency (10% of Item H) • • • . • • • $ ` — .,
689,000.00
J. 7070E Estimated Project Cost (Bunt H end I) (revised June 20 ` 1970) .. _ -- 646 -,-OOO 60-- ,
e '1,0/.r011 :n31110,
By: C. D. Wells. •., %;-90-.., ,
pE - r ` P, `T F -
Consulting Engineer° • * ,k' t, ',
C. D. WELLS
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4 uscoMM -oe 741ss -r••
•
CODIE D. WELLS, P.E.
C O N S U L T I N G E N G I N E E R
1202 ASHBURN AVE. E
Ca1..EGE,STAT` .h TEXAS
a y I1
PHON! 846 -7369
Mayor D. A. Anderson
City of College Station
College Station, Texas.
Re: Sewage Treatment Plant and
Sewerage Main and Water Main
Expansion.
Dear sir:
This is supplemental to and supercedes our letter of June
20, 1970 concerning sewage treatment plant expansion and
sewer main and water main extensions. I am now advised by the
City Manager that the date for consideration of a bond issue
has been moved forward to February 1971, which will advance
the date of receit of bids on construction to the latter part
of 1971. This is two years after the date as originally contem-
plated so the estimated cost must be increased to reflect the
rising cost of construction.
The Engineering News Lecord 4th. quarterly cost surr:lary and
forecast of Dec. 17, 1970, shows the Federal Water Quality
Administration forecast of increased cost for 1970 of 6% was
in error and the actual cost increase was 9 %, and the esti-
mated cost increase for 1971 is 9 %. Thus we have a cumulative
increase for the two years of 19.
I ara therefore attaching a copy of the original estimate
of the project cost, escalated for the beginning of construction
in the latter part of 1971 which 1 believe is self explan-
atory, however if I can be of further service please advise.
Respectfully submitted
C. D. Wells. PE
Consulting Engineer.
IV. FINANCIAL DATA r � j ,
NOTE: If Boslc Gront is being obtained from onother Fedu :ct Agency and only o Supplementary Gront Is being requested from
EDA, ,Applicant Is NOT required to furnish breokdown of costs as shown In Item 22. Instead, Insert total project
cost os Item 22 -J.
22. Estimated Project Cost:
See Exhibit #22A ' .
A. Preliminary Expense (Comp!•:• Exhibit 2241 and Insert total hors) $ 3, 390.00 v`
B. Land and Rights-of -Way .... a • ..
•
1, 000.00
escalation of 19% for two years. = 629,500.00
C. Construction by Contract $ -- 40010O:OG -- i"
I
D. Machinery and Equipment not included in Construction Contract $
0 I
E. A/E Services provided under an agreement or contract:
i -
37,770.00 `
(1) A/E Fees .VPT.CQ$tnict r S7 r -31 744)':
(2) Resident Inspection. $ 7, 200.00 ;
(3) fast Borings $ 0
(4) Other (speclty)
..$• 0
Attach explanation as Exhibit 22E(4)
,. . , 44,970.00
TOTAL (Item E) $ • -3 O (}; OG-
•
F. Legal and Administrative Expense O.O. • • • • Q 15, 000. 00
G. Capitalized Interest:
(1) During Construction . $ 0
(2) During Development q
TOTAL (Item 0)... • • • • • $ 0 I
• 693,860.00
11. T, .. (Items A • G) .. .. ..... ... $ , -- •86,-00 -44 --
69,386.00
I. Project Contingency (10% of Item H) • • • • • • 3 58,-040•`414- -
763,000.00
j. TOTAL Estimated Project Cost (Sum 113 md 1) .(.x2IT7 -+s.Q,G .Jr «..2.,..19.7•1.1 • $ _ — 6 4 a - - .
. r,
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By C. D. Wells. PE 2.-.,\-.. %),' ' - ' ,. _ .
. Consulting Engineer. '
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IV. FINANCIAL DATA / --- ` , �1
NOTE: If Basic Groot Is b.ing ebteln.d from onothst Federal Agency and only • Supplint...tory Otani Is b•Ing requested from
EDA, Applicant Is NOT ',milted to furnish breakdown of costs •s shown In Item 22. Instead, Inset, total point :l
cost as Item 224. .
22. Estimated Project Cost* '1
See Exhibit #22A ' . •
3 390.
A. Preliminary Expense (Cewplet• IttAlalt IRA and Insert total A•r•) ••• • • s • s $, r
B. Land and Rights-of-Way .. • • • , _ 1, 000. 00
escalation of 19% for two years• = 629,500.00 . '
C. Construction by Contract ar r• ••. •`i• . 1 , -- 628 -- '
D. Machinery and Equipment not included in Construction Centraet ...e.1 4 , 0 •
E. A/E Services provided under an agreement et contracts
37,770.00 ;
(1) A/E Fees .1 P% rr--si me-
(2) Resident Inspection t $ 7, 200.00 •
()) Test Borings $ 0 ,
(4) Other (Specify) .
.11. 0 •
Attach explanation as Exhibit 22E(4) . '
• t • , t 44 ,97 0 . 00
TOTAL (item E).....••••• ........• 4 • – 89i0OOTOG
,•
F. Legal and Administrative Expe•n • • •:•• • . • II • 15, 000, 00
G. Capitalized Interest* •
(1) During Construction • 8 0
(2) During Development . $ 0
TOTAL (item 0)... . • . • • $ 0
• 693,860.00
H. TOTAL (Items A • 0) .. ..... • . • . $ --5 r- OOOrO8 --
69,386.00
I. Project Contingency ( lOiGof Item H) ....•.o. .....•...•.••. •••• s •:••.•r •
' 48 r -00444—
763 000 00
at N
j. TOTAL Estimated Project Coot (Se and 1) .(�eiaSe.cc .J 8.ri 14.187x.) ... $ _ 46, g ba:
By: C; ; D . Wells. PE %,. \ ( I)
• Consulting Engine 'r.. � _ *' . s, GV ;x':
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C. D. WELLS
, � ` e, e? 1 /0tiAL E�
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4 VaCOMM•OC 741111114
• F
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• GUIDELINES FOR SECTION 8 GRANTS TO PROJECTS TREATING
INDUSTRIAL WASTE
•
j
1. No grant shall be given to a project or portion thereof treating
100 percent industrial wastes unless:
(A) That project is otherwise eligible for federal financial.
• assistance under. the Public Works and Economic Development
Act of 1965 PL 89 -136 or any'other federal law designed •
to stimulate economic development or to ease the impact of
• federal action. or •
(B) In exceptional cases, where the applicant demonstrates to
the satisfaction of FWQA that the public benefits of the
project greatly outweigh any benefits to industry. All
such cases must be forwarded, together with pertinent details
and appropriate recommendations, to Headquarters for review.
A project may be considered to treat "100 percent industrial
Wastes even if it treats the domestic wastes generated within
the industrial facility or from a small number of nearby houses.
2. In all cases where 30 percent or more of the total volume or
strength of the waste load to be treated by a project is generated
by a single industrial facility, operation or concern, the applicant
'shall give assurance of the likelihood of the continued operation
•
and waste loadings from such facility, operation or concern during
the expected life of the treatment facility. Substantial prepayment
of service fees or other financial commitment by the industry
• concerned will be considered as part of such assurance.
3. Where pretreatment of industrial waste is necessary to preclude
damage to a treatment - facility or its operation, . such pretreatment
shall be .provided. Projects or portions thereof intended for the
pretreatment of industrial wastes are not eligible for grant support.
4. No grant shall be given for a project treating industrial wastes
if the applicant does not have, or will not have in effect at
the time of operation, an ecui_table system of cost recovery,
pursuant to 18 CFR 601.34 (C). The regulation requires that
industrial users of a system repay the applicant for the costs
• incurred by the applicant in treating the industrial waste. The
appointment of the costs to industrial users must bear a relationship
to the individual industrial user's contribution to the•waste load.
- It is the responsiblity of the applicant to demonstrate to FWQA
that his system is indeed equitable. FWQA will approve any system
that appears to be reasonable and that satisfies the intent of the
. regulation. -
•
•
o
•
5. If a project which would otherwise be eligible for grant support
serves a "Fugitive Industry" (I.E., an industry which is -
relocating for the purpose of avoiding compliance with
' established Water Quality Standards or conformance with other
State and Federal Water Quality requirements), the project costs
• • attributable to treating that Industry's wastes are ineligible
for grant support.
6. There may be cases where, notwithstanding the eligibility of a
project for support under federal rules and regulations, the
propriety of federal assistance is questionable. The public
• benefits to be derived by the construction, the relation of the
ultimate cost of constructing and:maintaining the works to the
public interest or public necessity for the works, or the
provisions for proper and efficient operation and maintenance
may be such as to not warrant federal financial assistance in
the project. In such instances, the case is to be forwarded
together with the pertinent details and appropriate recommenda-
tions, to Headquarters for review.
•
•
•
•
•
•
•
•
•
•
•
• i
{
A i t
•
1 1 '1OL'S
and Pumping Stations
There has been considerable confusion in the past as to the
. definition of an interceptor, within the context of the Federal .
Water Pollution Control. Act. Vhile many cases. are..c.lear and can
• be readily decided, th&re are other cases where it is difficult •
• to decide as to whether the sewer classifies as an interceptor or.
collector. The purpose of this memorandum is to provide soma
general guidelines to assist the Regions in making determinations
for those cases which may not be clear. '
•
•
The distinction between an interceptor sewer and an
•
• ineligible sewer depends upon the primary function of the line.
An interceptor may be defined as a sewer wh)se primary purpose is •
..to transport rather than to collect wastes. Thus, sewers that
• primarily collect waste from homes and other structures, street
laterals, and trunk sewers are not considered t.o'be interceptor
sewers. Nor is a sewer line considered. to be an eligible •
interceptor merely because it parallels a watercourse or waterbody.
• A sewer. line can he considered eligible for a grant under Section 8
of the Act if It performs one or more of the following functions
• as its primary purpose; •
• a. 'It intercepts wastes from a final point in a collection system
. and conveys such wastes directly to a treatmeot facility.
•
/
• •
•
b. It serves in place of a.treatment facility and transports the
•
• collected wastes to an adjoining collection system or interceptor
•
sewer for treatment.
•
c. It transports the wastes from one or•more municipal collection
systems to another municipality or to a regional plant for treatment.
d . It intercepts an existing major discharge of raw or inadequately
• treated waste water for transport directly to another interceptor •
or to a treatment plant.
•
/A sewer with a minor number of building or lateral connections . •
may be considered an interceptor sewer if it performs one or more
. of the functions listed above. Eligibility of stations will
• be determined on the basis of the sewers which they serve, in accordance
• with these guidelines.
Where doubt exists as to the application of these guidelines in specific
instances, such cases should he referred to Headquarters for decision.
•
•
September 15, 1971
Mr. Don Dillon
City Attorney
Pest Office Box 3520
Bryan, Texas 77801
Dear Mr. Dillon:
Enclosed is a copy of a letter from Mr. Hugh M. Farmer of the U. S. Department
of Commerce pertaining to the contract with the City of Bryan for electrical power,
water and sanitary sewer services. After you have had time to study this communi-
cation, please call so that we may have an opportunity to discuss what we should do.
Sincerely,
R:in Boswell
City Manager
RB /nr
Enclosure
•
THE CITY OF COLLEGE STATI Ei
U 1 1 0 1 TEXAS AVENUE • 77840 ► 1 TEXAS • 1 •3
e
•
•
September 15, 1971
Mr. Fred Sandlin
401 Helena �0
Bryan, Texas 77801
Dear Mr. Sandlin:
Enclosed is a copy of a letter from Mr. Hugh M. Farmer of the U. S. Department
of Commerce pertaining to the contract with the City of Bryan for electrical power,
water and sanitary sewer services. After you have had time to study this communi-
cation, please call so that we may have an opportunity to discuss what we should do.
Sincerely,
V
Ran Boswell
City Manager
RB /nr
Enclosure
ya.Ol o,v yp
O j
U.S. DEPARTMENT OF COMMERCE
7�e �pyf ECONOMIC DEVELOPMENT ADMINISTRATION
■t� pig SOUTHWESTERN REGIONAL OFFICE
702 COLORADO STREET
AUSTIN, TEXAS 78701
September 13, 1971
PMr. Ran Bozwell
City Manager
City of College Station
101 Church Street, N.
College Station, Texas 77840
L
Re: 08 -1 -00959
City of College Station
Dear Mr. Boswell:
In reference to your September 3, 1971 letter and enclosures,
we have reviewed the documents relevant to your compliance with
Special Condition A of the Offer of Grant.
From the documents presently in our possession, it appears that
Special Condition A has not been satisfied. The Agreement be-
tween the cities of Bryan and College Station for electric,
water, and sewer services is dated November 29, 1965 and is for
a term of five years. It therefore expired on November 29, 1970.
Thus, the Amendment dated January 25, 1971 could apparently have
no effect on the expired Agreement and the change in billing
dates by the Amendment would be void. Further, the Amendment
changes the term of the Agreement from five years to three years.
Therefore, on the basis of the documents presently in our posses-
sion, Special Condition A has not been satisfied, unless the
November 29, 1965 Agreement was amended prior to the November 29,
1970 amendment. Please explain or prepare and execute another
contract which will cover at least another five year period.
As to Special Condition B, the documentation clearly demonstrates
that it has been complied with.
Sincerely,
/j/C
ugh M. Farmer, P.E.
Chief, Technical Support Division
cc:
Riewe & Wischmeyer, Inc.
1Ziewe & C LOiocitsttever, CONSULTING ENGINEERS
8533 FERNDALE ROAD • DALLAS ,TEXAS 75238 • 214/348 - 3255
E. M. RIEWE September 24, 1971
W.J. WISCHMEYER
Mr. John Marino, P.E.
Project Manager
Economic Developement Administration
702 Colorado St.
Austin, Texas 78701
Re: 08 -1 -00959
City of College Station, Texas
Dear Mr. Marino:
Attached please find a copy of our engineering contract with the City of
College Station.
The contract scope includes the following service:
(1) Provides for plans and specifications per section (4) and provides for
other contract documents under section (1)B
(2) Attends bid openings and prepare and submit bid tabulations per section (1)B
(3) Review bidders qualifications and make recommendations concerning award
per section (1)1
(4) Provide surveillance of project construction to assure compliance section
(1)C and (2)
(5) Prepare change orders included in final estimate per section (1)C
(6) The engineer hereby agrees to submit a monthly report covering general
progress of the project.
(7) Review and approve monthly estimates per section (1)C
(8) The ingineer hereby agrees to certify partial payments to contractor
(9) The engineer agrees to a 10% retainage to be withheld from all partial
payments on construction contracts.
(10) Prepare "as built" drawings per section (1)C
(11) Review and approval of shop drawings per section (1)C
(12) The Engineer hereby agrees to comply with all applicable provisions of the
Regulations of the U.S. Dept. of Commerce (Part 8 of Subtitle 15 of the Code of
Federal Regulations) issued pursuant to the Civil Rights Act of 1964, in regard
to non discrimination in employment, because of race, creed, color, or national
origin.
You may attach this to our contract to become a part of our contract.
Very truly yours,
W. J Wischmeyer, P.E.
WJW /dkw
cc: Mr. Ran Boswell, City Manager
City Hall
College Station, Texas
�" U.S. DEPARTMENT OF COMMERCE
• °s ,7 ECONOMIC DEVELOPMENT ADMINISTRATION
�e _ ~ SOUTHWESTERN REGIONAL OFFICE
jr +ns Of '
702 COLORADO STREET
AUSTIN, TEXAS 78701
October 7, 1971
M r. Ran Bozwell
City Manager
City of College Station
101 Church Street, N.
L College Station, Texas 77840
RE: EDA Project No. 08 -1 -00959
City of College Station, Texas
Dear Mr. Bozwell:
Your Engineering Agreement with Riewe & Wischmeyer, Inc., Dallas,
Texas, for engineering services on the above project is approved.
This agreement is approved subject to the engineering basic fee
of 8% remaining within the approved line item for Engineering
Services (total amount of $42,300.00).
If you have any questions on the above item, or if you require
additional information pertinent thereto, please contact
Mr. John Marino, Project Engineer, telephone no. 512/475 -5826.
Sincerely,
H gh M. Farmer, P.E.
Chief, Technical Support Division
cc: Riewe & Wischmeyer, Inc.
0 /0T OP y0 U.S. DEPARTMENT OF COMMERCE
f - o ECONOMIC DEVELOPMENT ADMINISTRATION
Nits ;
SOUTHWESTERN REGIONAL OFFICE
702 COLORADO STREET
AUSTIN, TEXAS 78701
October 13, 1971
n
Mr. Ran Bozwell
City Manager
City of College Station
101 Church Street, N.
F ollege Station, Texas 77840
Re: EDA Project No. 08 -1 -00959
City of College Station, Texas
Dear Mr. Bozwell:
The following items remain to be submitted for approval prior
to advertisement for bids, as required by our "Requirements for
Approved Projects" and as discussed with Mr. John Marino,
Project Engineer, during his September 1, 1971, visit to your
office:
1. A copy of your Attorney Agreement.
2. Construction Finance Plan, including Interim Financing,
with a Cash Flow Diagram.
3. Proof of Honesty Bond, in the amount of $50,000.
4. Special Conditions to the Grant Agreement.
5. Form ED -1004, "Depository Bank Acceptance and Confirma-
tion Statement."
6. CM -FF -1, "Certificates as to Project Site, Rights -of-
Way and Easements."
7. EPA and State Health Department approvals.
8. Project Schedule.
9. Plans, Specifications and Cost Estimate.
10. Form ED -151 (Engineer Certification). Shall accompany
Item No. 9.
At least 45 days prior to Advertisement for Bids you should make
a letter request to this office for Federal Wate Rates. This
request should be accompanied by a copy of the current State
Wage Decision and the latest Federal Wage Decision, if available.
If you have any questions on the above matter, or if you require
additional information pertinent thereto, please contact Mr.
John Marino, Project Engineer, Telephone No. AC 512/475 -5826.
Sincerely, ( 2— LAM,S1_,—
H h M. Farmer, P.E.
Chief, Technical Support Division
cc: Riewe & Wischmeyer, Inc.
•
, Or C�
p`
s�e r U.S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
�p SOUTHWESTERN REGIONAL OFFICE
4 t47ti Of 702 COLORADO STREET
AUSTIN, TEXAS 78701
October 15, 1971
Mr. Ran Bozwell
City Manager
101 Church Street, N.
College Station, Texas 77840
L
Re: EDA Project No. 08 -1 -00959
City of College Station, Texas
Dear Mr. Bozwell:
• The Uniform Relocation Assistance and Real Property Acquisition
Policy Act of 1970 ( "Act ") was enacted and became effective
January 2, 1971. The Act provides for specified payments and
other assistance to individuals, businesses, and farm opera-
tions which are displaced as the result of the acquisition of
Real Property for Federal and Federally- assisted projects and
prescribes certain uniform real property acquisition policies
for such projects. Additional information and a copy of the
Act are attached.
In order.to determine if and in what manner referenced project
is affected by the Act, it is 'requested that you and your
attorney complete the attached Relocation Assistance Certificate
( "Certificate "). In addition to the opinion specified in the
Certificate, it is requested that your attorney provide an
opinion, including appropriate citations to applicable law, if
there are any sections or portions of such sections of. the Act
with which you can comply at this time (but could not as of
January 2, 1971) as a result of state or local enabling legis-
lation enacted subsequent to January 2, 1971. This opinion should
include the effective date of the enabling legislation.
The Relocation Assistance Certificate is to be completed in •
triplicate, with distribution as follows:
One copy, with attorney's opinion attached, to:
Hugh M. Farmer, P.E.
Chief, Technical Support Division
Economic Development Administration
702 Colorado Street
Austin, Texas 78701
•
2
•
One copy, without the attorney's opinion, to:
George T. Karras
Director, Office of Public Works
EDA, U. S. Department of Commerce
Room 7884 Main Commerce Building
Washington, D. C. 202.30
One copy for your file.
It is requested that the Certificate be remitted to the above
addresses within thirty days after receipt of this letter.
If you have any questions on the above matter, or if you
require additional information pertinent thereto, please
•
contact Mr. John F. Marino , Project Engineer, telephone
number AC 512/475 -5826.
Sincerely;
1 h M. Farmer, P.E.
Chief, Technical Support Division
4 Enclosures:
Relocation Assistance Certificate (3 copies)
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 .
Notice to Recipients of EDA Assistance -- Compliance with
PL 91 -646
Memorandum to Recipients of EDA Assistance -- Implementation
of PL 91 -646
•
4r• 11 Or co.4. #ts U.S. DEPARTMENT OF COMMERCE
l y ECONOMIC DEVELOPMENT ADMINISTRATION
�r�Tas SOUTHWESTERN REGIONAL OFFICE
M
702 COLORADO STREET
AUSTIN, TEXAS 78701
January 13, 1972
1
Riewe & Wischmeyer, Inc.
8533 Ferndale Road
Dallas, TeXas 75238
L •
Re: EDA Project No. 08 -1 -00959
City of College Station, Texas
Gentlemen:
In keeping with Section I, paragraph 9 of the booklet
Requirements for Approved Projects, you are requested
to submit the information called for in the attached
,guideline in order to obtain a "Certificate of Adequacy
of Treatment" for the above project.
Sincerely,
u gh M. Farmer, P.E.
Chief, Technical Support Division
Enclosure
cc:
Mr. Ran Bozwell,
City Manager, College Station
Honorable J. B. Hervey .
Mayor, City of College Station
Kiewe Oc q/i6eitmeyer, ' E14. CONSULTING ENGINEERS
8527 FERNDALE ROAD DALLAS.TEXAS 75238 • 214 /348 - 3255
E. M. RIEWE
W. J. WISCHMEYER 14 January 1972
U.S. Department of Commerce,
E D A Regional Office,
702 Colorado Street,
Austin, Texas 78701
Res College Station, Texas
L D A Project No. 08-1 -00959
Gentlemen:
Regarding your letter dated 13 January, '72 please be advised that
we plan to submit engineering information for Certificate of
Adequacy of treatment at the time we submit the plans and specifications.
At that time we will submit sale to all State and Federal Agencies.
Very truly yours,
i jk\j"k"
J. wischneyer, F.E.
VJw /cj
CCs Mr. Ran Boswell, City Mgr.
City Hall,
College Station, Texas
Zie113e (idcIwteyer, ✓ HC• CONSULTING ENGINEERS
8527 FERNDALE ROAD • DALLAS,TEXAS 75238 • 214 348-3255
E. M. RIEWE j5 January, 1472
W WISCHMEYER
Mr. John Marino, P.E.
Project Manager
Economic Development Adr;inistration
702 Colorado Street,
Austin, Texas
Re: 08 -1 -00959
City of College Station, Texas
Dear Mr. Marino:
We hereby request your obtaining for us a heavy construction Wage Rate
Determination from the U S Dept. of Labor for subject project.
Attached please find a copy of a recent determination beinz used in
the area, about 8 riles distant from this project. In addition to
these skills the following are required:
Bricklayers
Electricians
Painters
Roofers
Very truly yours,
AV S13
W. J. Wischmeyer, P. E.
WJw /c j
CC: Ran Boswell, City Mgr.
P.G. Pox 9960
College Station, Texas 77840
•
'iewe Ot aoctimeyer, ✓ HC. CONSULTING ENGINEERS
8533 FERNDALE ROAD • DALLAS,TEXAS 75238 • 214/348 -
February 7, 1972
E. M. RIEWE
W. J. WISCHMEYER
Texas State Department of Health
Plans & Specifications
Division of Wastewater Technology
Austin, Texas
Attn: Mr. David Cochran, P.E.
Mr, Chandler J. McCoy, P.E.
Re: College Station, Texas
Wastewater Treatment Plant Improvements
Gentlemen:
We are this date mailing to you under separate cover one (1) set of plans and
specifications for subject project. This work is being funded in part by the
U. S. Department of Commerce, Economic Developement Administration thru a
grant.
s an
Please review this project at your earliest convenience.SDt requiresgaf�e
approval letter from your office. Should you have any q lle
further informr:tion please advise.
Very truly,yours,
W. J. Wischmeyer, P.B.
WJW /dkw
Encl. Design Data
cc: Mr. John Marino
Ran Boswell, City Manager
'iewe & c iZiochmeyer, ✓ItC. CONSULTING ENGINEERS
8533 FERNDALE ROAD • DALLAS,TEXAS 75238 • 214/348 -3255
E. M. RIEWE February 7, 1972
W. WISCHMEYER
Mr. John Marino, P.E. , Project Manager
Economic Developement Administration
702 Colorado Street
Austin, Texas 78701
Re: 08 -1 -00959
City of College Station
Dear Mr. Marino:
We are this date mailing to you under separate cover one (1) set of plans
and specifications for subject project.
We will submit shortly the remaining items as required by your "Requirements
for Approved Projects."
Very truly yours,
W. J. Wi chmeyer, P .
WJW /dkw
cc: Mr. Ran Boswell, City Manager
P 0 Box 9960
College Station, Texas 77840
IZiewe & Oj1CItmeyer, � HC. CONSULTING ENGINEERS
8527 FERNDALE ROAD • DALLAS .TEXAS 75238 • 214/348
E. M. R I E W E 8 February, 1972
W. J. WISCHMEYER
Mr John Marino, P.E., Project Mgr.
Economic Development Administration, .
702 Colorado Street,
Austin, Texas 78701
Re: EDA Project No. 08-1 -00959
Dear Mr. Marino:
The City of College Station is applying this week for a 55% Federal
grant and 25% State aid for the construction of Sanitary Sewers.
The scope of this grant request is outlined in the attached
Engineering Information Form CG -123, the Cost Estimate, and the
Plan Attachment No. 1.
This program will immediately follow the current grant program with
EDA for the construction of a 1.5 MGD Addition to the Waste Treatment
facility and Water Line Extensions.
' ) Very truly ours,
iti
W. J. Wis hmeyer, P.E.
WJW /cj
ENC: Engineering Information Form CG
Cost Estimate &
Attachment No. 1
levee widcllwne yer,'rtC. CONSULTING ENGINEERS
8527 FERNDALE ROAD • DALLAS,TEXAS 75238 • 214/348-3255
8 February, 1972
E. M. RIEWE
W. J. WISCHMEYER
Mr. John Marino, P.E. Project Engineer
Economic Development Administration,
702 Colorado Street,
Austin, Texas 78701
Re: EDA Project No. 08 -1 -00959
Dear Mr. Marino:
During 1966 an extensive study was performed relative to the effect
of local soils conditions and water on the then existing water
distribution system.
Existing asbestos- cement pipe had undergone severe leeching and
softening of the interior of the pipe due to the very soft well water
carried by the system. Beam breaks had occurred due to the extreme
swelling and shrinkage nature of the local soils. Experience indicated
that piping materials utilizing portland cement as the principal agent
for imparting structural strength to the pipe suffer serious degrada-
tion in a relatively short period.
To effectively resist internal and external corrosion and offer high
resistance to severe bending stresses, it was recommended that cast
iron or ductile iron pipe encased in 8 mil thick polyethylene, be used.
For all the reasons stated above we, as consultants for the City have
recommended and have limited the water line materials on this project
to those in the proposal, namely cast iron and ductile iron pipe.
Very truly yours,
a __
W. J. Wi chmeyer, P.E.
WJW /cj
CC: Mr. Ran Boswell, City Mgr.
P.O. Box 9960, College Station,
Texas 77840
I • .
LCWe & 'Wi1Cllme yer, D14C. CONSULTING ENGINEERS
•
8533 FERNDALE ROAD • DALLAS,TEXAS 75238 • 214/348-3255
E. M. RIEWE 8 February, 1972
W.J. WISCHMEYER
•
Mr. Ran Boswell, City Manager
P.O. Box 9960
College Station, Texas 77840
Re: Financial Assistance for
Sewerage Improvements
Texas Water Quality Board, and
Texas Water Development Board
Dear Mr. Boswell:
In order that the City may qualify for a 55% grant the State aid
portion of 25% should be applied for.
Attached you will find a copy of the Joint Rules and Regulations in
this regard.
We further bring to your attention, Section 205.2 Component QuuLd .I.vu
"S" as shown on page 10. This material is financial in character
and will necessarily have to be answered by your financial advisor or
bond attorney and should be submitted in triplicate on your own form.
This should accompany your application packet which we are submitting
to you today.
Very truly yours,
W. J Wischmeyer,
WJW/cj
ENC: Joint Rules &
Regulations
JOINT
RULES, REGULATIONS, AND POLICIES
OF THE
TEXAS WATER QUALITY BOARD
AND
TEXAS WATER DEVELOPMENT BOARD
RELATING TO
FINANCIAL ASSISTANCE FOR
CONSTRUCTION OF TREATMENT WORKS
c
r�
•
TABLE OF CONTENTS
RULES, REGULATIONS, AND POLICIES
CHAPTER I
INTRODUCTION
Page
100. DEFINITIONS 1
100.1 Definition of Terms 1
105. GENERAL PROCEDURES 4
105.1 Mailing and Submission Requirements 4
105.2 Number of Copies Required 5
105.3 Communications 5
105.4 Fees 5
105.5 Approval and Amendment of Rules 5
110. POLICY 5
110.1 State Policy 5
110.2 Administrative Policies 5
(a) Bonds Eligible for Purchase 5
(b) Income Pledges for Revenue Bonds 6
(c) Requirements as to Maturities 6
(d) Considerations in Passing on Application 6
(e) Inspection Procedures During Actual
Construction 7
(f) Testing of Materials 8
ii
r . . -
TABLE OF CONTENTS - (Cont'd.)
Page
(g) Approval of Plans and Specifications 8
(h) Construction Contracts 8
CHAPTER II
FINANCIAL ASSISTANCE
PURCHASE OF BONDS OR OTHER OBLIGATIONS
INTRODUCTION 9
PROCEDURE TO INITIATE
FINANCIAL ASSISTANCE
200. APPLICANT 9
200.1 Functions of Applicant 9
205. APPLICATION FOR FINANCIAL ASSISTANCE BY SALE OF
BONDS AND FEDERAL GRANT 10
• 205.1 Application Information 10
205.2 Required General Information (Component "5") 10
205.3 Required Federal Grant Data and Technical
Information (Component "F ") 15
210. FORMAL ACTION BY THE QUALITY BOARD 15
210.1 Quality Board Consideration of Application 15
210.2 Action of the Quality Board on Application 16
210.3 Staff Certification of Project 16
210.4 Engineering Data Prerequisite to Staff
Certification 17
iii
•
•
TABLE OF CONTENTS - (Cont'd.)
Page
210.5 Legal Documents Prerequisite to Staff
Certification 18
215. CLOSING PROCEDURE 19
215.1 Instruments Required for Closing 19
220. ACTUAL CONSTRUCTION PHASE FOR FINANCIAL ASSISTANCE
PROJECTS 20
220.1 General Information 20
220.2 Awarding Contracts for Actual Construction 21
220.3 Supervision of Actual Construction 21
220.4 Alterations in Approved Plans and
Specifications 21
220.5 Actual Construction Cost Overruns 22
CHAPTER III
FINANCIAL ASSISTANCE
DIRECT LOANS AND OBLIGATIONS OTHER THAN BONDS
300. POLICY 23
300.1 State Policy �3
305. FORMAL ACTION BY THE QUALITY BOARD 23
305.1 Quality Board Consideration of Application 23
305.2 Loan Agreement 24
305.3 Application Information 24
iv
TABLE OF CONTENTS - (Cont'd.)
CHAPTER IV
FINANCIAL ASSISTANCE
STATE OF TEXAS WATER POLLUTION
CONTROL COMPACT BONDS
Page
INTRODUCTION 25
APPENDIX OF FORMS A -1
v
JOINT
RULES, REGULATIONS, AND POLICIES
OF THE
TEXAS WATER QUALITY BOARD
AND
TEXAS WATER DEVELOPMENT BOARD
RELATING TO
FINANCIAL ASSISTANCE FOR
CONSTRUCTION OF TREATMENT WORKS
CHAPTER I
INTRODUCTION
These Rules are adopted jointly by the Texas Water Quality Board and
the Texas Water Development Board, as authorized by Subchapter G of the
Texas Water Quality Act (Chapter 21, Subchapter I, Texas Water Code), for
the purpose of making Water Quality Enhancement Funds authorized by Arti-
cle III, Section 49 -d -1, Texas Constitution, available to political sub-
divisions of the State for use as State matching funds for obtaining maxi-
mum Federal grants for the construction of treatment works.
100. DEFINITIONS
100.1 DEFINITION OF TERMS
The following definitions of terms apply where used in these Rules or
in proceedings relating to the subject of these Rules unless otherwise
specifically indicated:
(a) "Quality Board" means the Texas Water Quality Board.
(b) "Development Board" means the Texas Water Development Board.
(c) "EPA" means the U.S. Environmental Protection Agency or its
successor.
(d) "Actual construction" means that outlined in Rule 100.1(i)4.
(e) "Applicant" means the political subdivision applying for State
financial assistance for construction of treatment works pursuant
to the statutory provision.
(f) "Certificate of final project completion" means a certificate
issued by the Executive Director of the Quality Board, that
the construction of treatment works pursuant to contract financed
in whole or in part by water quality enhancement funds has been
completed in compliance with these rules.
(g) "Change order" means the documents issued by the contractor,
applicant or project engineer, authorizing a change, alteration,
or variance in previously approved engineering plans and speci-
fications, including but not limited to additions or deletions
of work to be performed pursuant to the contract or a change in
costs for work performed pursuant to contract.
(h) "Closing" or "date of closing" means the time of actual transfer
of funds from the Water Quality Enhancement Account to an appli-
cant for purpose of constructing treatment works.
(i) "Compact" means State of Texas Water Polution Control Compact.
(j) "Construction" means:
(1) preliminary planning to determine the economic and
engineering feasibility of the project;
(2) engineering, architectural, legal, fiscal and economic
investigations and studies;
(3) surveys, designs, plans, working drawings, specifications,
procedures and other actions necessary to the construction
of the project;
(4) erection, building, acquisition, alteration, remodeling,
improvement and extension; and
(5) inspection and supervision.
(k) "Contractor" means the prime or general contractor who contracts
with the applicant for construction of treatment works.
(1) "Development Fund Manager" means the fiscal administrator of the
Texas Water Development Fund.
(m) "Estimated project costs" means the eligible project costs as
defined by EPA.
(n) "Financial assistance" means any loan of water quality enhancement
funds made to a political subdivision for the construction of
treatment works through the purchase of bonds or other obligations
of the political subdivision or pursuant to a loan agreement.
2
(o) "Loan" means purchase by the State of the bonds or other
obligations of a political subdivision with water quality
enhancement funds or entry by the State into a loan agree-
ment with any political subdivision for a direct loan of
water quality enhancement funds.
(p) "Order of Conditional Approval" means the action of the
Quality Board conditionally approving an application for
financial assistance and directing the Development Board
to deliver water quality enhancement funds pursuant to the
statutory provision.
(q) "Political subdivision" means the State, a county, city, or
other body politic or corporate of the State, including any
district or authority created under Article III, Section 52,
or Article XVI, Section 59, Texas Constitution, and including
any interstate compact commission to which the State is a party.
(r) "Project engineer" means the engineer or engineering firm re-
tained by the applicant to prepare engineering data and analyses
required for the treatment works and to supervise actual con-
struction of the treatment works.
(s) "Rules" means these Joint Rules, Regulations, and Policies of
the Quality Board and Development Board as approved by the
Attorney General of Texas and filed with the Secretary of State
in accordance with law.
(t) "State Priority Rating" means the Quality Board numerical rating
system which establishes the relative priority between treatment
works and is used in allocating State and Federal financial
assistance between applicants.
(u) "Statutory provision" means Subchapter G of the Texas Water
Quality Act (Chapter 21, Subchapter I, Texas Water Code).
(v) "Treatment works" means the various devices used in the treatment
of waste, including necessary intercepting sewers, outfall sewers,
pumping, power and other equipment and their appurtenances and
any extension, improvements, remodeling and alteration of and
additions to these devices.
(w) "Water quality enhancement" means the construction of treatment
works by political subdivisions with loans provided pursuant to
the statutory provision.
(x) "Water quality enhancement funds" means the proceeds from the
sale of Texas Water Development Bonds issued under the authority
3
of Article III, Section 49 -d -1, Texas Constitution, and the
statutory provision.
(y) "Water Quality Enhancement Account" means the separate account
created in the Texas Water Development Fund by the Rules and
the statutory provision. The proceeds derived from the sale
of Texas Water Development Bonds issued pursuant to Article III,
Section 49 -d -1, Texas Constitution, for the purpose of making
loans to political subdivisions for use as State - matching funds
to obtain maximum Federal grants in construction of treatment
works shall be deposited into this account.
(z) "Water Quality Enhancement Clearance Account" means that sep
arate account created by the Development Board in the Texas
Water Development Clearance Fund. All monies received by the
Development Board under the Water Quality Enhancement Program
shall be deposited in this account, except proceeds from the sale
of Texas Water Development Bonds and from the resale of bonds
purchased from political subdivisions. Monies in this account
may be transferred to the Water Quality Enhancement Interest and
Sinking Account at any time.
(aa) "Water Quality Enhancement Interest and Sinking Account" means
the separate account created by the Development Board in the
Texas Water Development Interest and Sinking Fund. Sufficient
funds to pay all interest and principal becoming due during the
ensuing fiscal year on Texas Water Development Bonds issued under
Article III, Section 49 -d -1, Texas Constitution, shall be accumu-
lated in this account.
(bb) "Water Quality Enhancement Reserve" means that reserve in the
Water Quality Enhancement Interest and Sinking Account equal to
the average annual principal and interest requirements on all
outstanding bonds issued under Article III, Section 49 -d -1,
Texas Constitution.
105. GENERAL PROCEDURES
105.1 MAILING AND SUBMISSION REQUIREMENTS
All formal instruments required to be filed by these Rules may be
delivered personally by the applicant's representative, or by United States
Mail, to the Texas Water Quality Board, Capitol Station, Austin, Texas, 78711.
4
105.2 NUMBER OF COPIES REQUIRED
Four (4) copies of all applications for financial assistance are
required. The Quality Board will transmit two (2) copies to EPA and one
(1) copy to the Development Fund Manager.
105.3 COMMUNICATIONS
Official communications shall be directed to the Texas Water Quality
Board. The Quality Board shall be the State agency to communicate with EPA.
105.4 FEES
No filing fees are required for filing any application for financial
assistance or other instrument with the Quality Board or the Development
Board.
105.5 APPROVAL AND AMENDMENT OF RULES
These Rules have been approved by the Attorney General of Texas and
shall not be amended without approval of the Quality Board, the Development
Board, and the Attorney General of Texas. Having been approved, the Rules
shall be filed with the Secretary of State in accordance with Article 6252-13,
Vernon's Civil Statutes.
110. POLICY
110.1 STATE POLICY
It is the policy of the State of Texas to maintain the quality of water
in the State consistent with the public health and enjoyment, the propagation
and protection of terrestrial and aquatic life, the operation of existing
industries, and the economic development of the State; to encourage and pro-
mote the development and use of regional and area -wide waste collection,
treatment, and disposal systems to serve the waste disposal needs of the
citizens of the State; to provide financial assistance to cities and other
public agencies for water quality enhancement purposes; and to require the
use of all reasonable methods to implement this policy.
110.2 ADMINISTRATIVE POLICIES
(a) BONDS ELIGIBLE FOR PURCHASE - Securities eligible for purchase may
be in one or more of the following categories:
5
•
(1) General obligation bonds, limited tax
(2) General obligation bonds, unlimited tax
(3) Revenue bonds, prior lien
(4) Combination tax and revenue
The Quality Board may consider the applicant's issuance of junior lien
revenue bonds or other obligations when the delivery of prior lien revenue
bonds to the Development Board is precluded by conditions contained in for -
mer bond resolutions or ordinances adopted by the governing body of the
applicants, or by other causes.
(b) INCOME PLEDGES FOR REVENUE BONDS - Bonds which are payable in
whole or in part from revenues shall include an appropriate
pledge of revenues.
(c) REQUIREMENTS AS TO MATURITIES - Bonds shall have a final maturity
not exceeding forty (40) years from their date. Serial maturities
shall be arranged to create a schedule of debt service require-
ments which is reasonably uniform over the life of the issue
where circumstances permit such arrangement. However, where
warranted, principal maturities may be arranged to accomodate
reasonably expected future growth in payment ability; or, under
appropriate conditions, term bonds may be acceptable. Bonds may
made callable at the option of the issuer on any interest payment
date on and after ten (10) years from the date of the bonds at
par plus accrued interest. Junior lien revenue bonds may be made
callable at any time, at par plus accrued interest. Principal
of all bonds shall mature January 10 and /or July 10 and interest
payment dates shall be January 10 and July 10, except when pro-
hibited by prior bond resolutions or ordinances.
(d) CONSIDERATIONS IN PASSING ON APPLICATION - In passing on an
application from a political subdivision for financial assist-
ance, the Quality Board shall consider:
(1) The public benefit to be derived from the treatment works
and the propriety of State participation;
(2) The availability of revenue to the political subdivision,
from all sources, for the ultimate repayment of the cost
of the treatment works, including interest; and
(3) Such other considerations deemed necessary by the Quality
Board to implement State policy.
6
(e) INSPECTION PROCEDURES DURING ACTUAL CONSTRUCTION - The following
principles shall apply to all inspection during actual construction
of treatment works financed in part by funds from the Water Quality
Enhancement Account. _
(1) In the event construction procedures or materials are deter-
mined by the Quality Board or the Executive Director of the
Quality Board to be substandard or otherwise unsatisfactory,
or not in conformity with approved plans and specifications,
the Quality Board or the Executive Director of the Quality
Board may order that construction shall cease, pending the
adoption of corrective measures.
(2) The Quality Board's inspectors are authorized to inspect all
work performed and materials furnished. Such inspection may
extend to all or to any part of the work and to the prepara-
tion or manufacture of the materials to be used therein. An
inspector may be stationed at the actual construction site
to report to the Executive Director of the Quality Board on
the manner and progress of the construction, or to report
conditions relating to the materials furnished and the com-
pliance by the contractor with approved plans and specifi-
cations. Such inspection will not release the contractor
from any obligation to perform the work in accordance with
the requirements of the contract documents.
(3) In those instances where the Quality Board's inspector finds
construction procedures or materials to be substandard or
otherwise unsatisfactory, or not in conformity with the approved
plans and specifications, the inspector shall request the appli-
cant's project engineer to reject questionable materials and or
suspend further construction until all issues are resolved by
the Quality Board.
(4) The inspector shall not be authorized to revoke, alter, en-
large, or release any requirement of the contract documents,
nor to approve or accept any portion of the work, nor to issue
instructions contrary to the contract documents. He shall not
perform the duties of the contractor or engineer, nor inter-
fere with the management of the work.
(5) The contractor shall furnish the Quality Board's inspector
with every reasonable facility for ascertaining whether or not
the work performed is in accordance with the requirements and
intent of the contract.
(6) Defects in workmanship or materials may be corrected by the
Quality Board, and the expense thereof shall be borne by the
contractor. The applicant shall pay such expenditures for
7
the contractor from funds withheld from the contractor
pursuant to the provisions of Rule 220.1.
(f) TESTING OF MATERIALS - Tests by the Quality Board will be in
addition to normal testing procedures provided pursuant to con-
tract between the applicant and the project engineer. Samples
for testing shall be furnished free of cost to the Quality Board,
upon request, from materials on the construction site.
(g) APPROVAL OF PLANS AND SPECIFICATIONS - Advertising for bids, the
execution of a contract for actual construction, or the com-
mencement of actual construction prior to the approval of engi-
neering plans and specifications may jeopardize the applicant's
ability to receive a Federal grant. Therefore except for good
cause shown to the Quality Board, financial assistance shall not
be provided in the event engineering plans and specifications
have not been approved by the Executive Director of the Quality
Board and EPA prior to (1) advertising for bids, (2) the execution
of a contract for actual construction, or (3) the commencement of
actual construction.
(h) CONSTRUCTION CONTRACTS - All contracts for actual construction
shall provide that progress payments shall not exceed ninety
percent (90 %) of the amount due at the time of any payment as shown
by the project engineer. Such a contract shall also require that
upon completion of the contract, the remaining percentage due
thereunder may be paid only (1) after approval by the project
engineer and (2) after issuance of a certificate of final pro-
ject completion by the Executive Director of the Quality Board.
The Executive Director of the Quality Board may refuse to give
a certificate of final project completion whenever he finds that
the applicant has failed to obtain approval of any change in the
contract which (1) makes any major alteration in the work re-
quired by the plans and specifications or (2) which raises the
approved cost. Such a contract shall also require the contractor
to observe all Rules of the Quality Board, which contract pro-
vision shall constitute an agreement for the benefit of the
Quality Board under principles applicable to third party bene-
ficiary contracts. In the absence of legally prohibitive cir-
cumstance, three certified copies of every contract for actual
construction entered into and executed by the political sub -
division for the construction of the treatment works shall be
submitted to the Executive Director of the Quality Board for
approval before loan closure proceedings are initiated.
8
CHAPTER II
FINANCIAL ASSISTANCE
PURCHASE OF BONDS OR OTHER OBLIGATIONS
INTRODUCTION
These Rules are designed to implement Subchapter G of the Texas Water
Quality Act authorizing the sale of bonds, to obtain funds to provide State
financial assistance, for construction of treatment works by political sub-
divisions. The Development Board is authorized to issue the bonds, which
are secured by the general credit of the State of Texas, when directed to
do so by the Quality Board. For proper fiscal management, the following
accounts will be established:
(a) Water Quality Enhancement Account.
(b) Water Quality Enhancement Clearance Account.
(c) Water Quality Enhancement Interest and Sinking Account.
(d) Water Quality Enhancement Reserve.
The Water Quality Enhancement Program will be administered to operate
on a self supporting basis. To fulfill this objective, bonds purchased
for this program must, to the extent possible, be serially retired on
scheduled maturity dates to assure State funds will be available to pay
principal and interest on bonds issued to provide water quality enhancement
funds.
To this end, an applicant shall offer bonds of highest grade avail-
able (either revenue or tax) and shall set bond maturities as close as
practicable to the maturities on State bonds sold to finance the program.
PROCEDURE TO INITIATE FINANCIAL ASSISTANCE
200. APPLICANT
200.1 FUNCTIONS OF APPLICANT
All communications normally will be between the Quality Board and the
applicant. The applicant shall oversee the preparation and submission of
application documents, represent other participating political subdivisions
9
3
(if any) before the Quality Board, receive and disseminate communications
from the Quality Board, and perform other functions prescribed by the
Quality Board.
205. APPLICATION FOR FINANCIAL ASSISTANCE
BY SALE OF BONDS AND FEDERAL GRANT
205.1 APPLICATION INFORMATION
Four (4) copies of the application will be submitted to the Quality
Board. The complete application will consist of a transmittal letter
and two major components- -one principally in support of State financial
assistance, and one principally in support of a Federal grant. This
latter component also will provide the necessary technical information
for Quality Board action.
The component in support of State financial assistance shall be
referred to as "S ", and that in support of the Federal grant as "F ".
For expeditious administrative preparation and handling, each component
shall be separately organized and labeled.
Printed forms for Component "S" are not supplied by the Quality
Board; however, by following the schedule set forth in Rule 205.2, the
application will be in a form acceptable to the Quality Board.
Printed forms are available for Component "F" and will be supplied
by the Quality Board.
Exhibits may be attached in explanation of any item of information
requested, but such exhibits shall be identified with the name of the
applicant and cross - referenced with the numbered items of the application.
Applications not in conformity herewith shall be rejected and returned
to the applicant by the Quality Board. Also the Executive Director of the
Quality Board, or those acting under his direction, may request additional
information as may be reasonably required by the Quality Board or the
Development Board for an adequate understanding of the application. Appli-
cant's representatives seeking to initiate Quality Board's financial
assistance in treatment works construction should visit the offices of
the Quality Board and the development fund manager for a preliminary review
of proposals.
205.2 REQUIRED GENERAL INFORMATION (COMPONENT "S ")
The following items of information are required as part of the appli-
cation for financial assistance:
10
(a) The name of the applicant and its principal officers.
(b) Name, title, and address of official correspondent or repre-
sentative.
(c) Name and address of bond counsel and /or other legal counsel.
(d) Name and address of financial advisor.
(e) A citation of the law(s) under which the political subdivision
operates and was created.
(f) The total estimated cost of the treatment works.
(g) The amount of State financial assistance requested.
(h) The method for obtaining the financial assistance, whether by
purchase of bonds or other obligations of the political sub -
division, by direct loan, or by a combination of these two
methods.
(i) The plan for repaying the financial assistance.
(j) The following information is to be furnished with respect to
bonds to be sold to the Development Board and with respect to
bonds to be sold in commercial channels to provide funds to pay
for cost of treatment works:
(1) Citation of statutory authority for issuance.
(2) Type of bonds (i.e., general obligation, revenue or combi-
nation). If revenues are to be pledged, statement of source
and nature of such revenues.
(3) Amount of the issue.
(4) Full name of the issue.
(5) Approximate date of the issue.
(6) Proposed maturities.
(7) Details of any option for prior payments.
(k) Amount and source of any funds to be expended on the treatment
works, which are to be derived from sources other than sale of
bonds.
(1) If political subdivision is authorized by law to levy and collect
ad valorem taxes, give following information:
11
•
(1) If such right and power have been exercised, give the fol-
lowing information for each of the five (5) preceding years:
a. Assessed valuation of taxable property.
b. Ratio of assessed valuation to actual market value in
a specified year.
c. Maximum tax rate permitted by law per $100 of assessed
valuation.
d. Aggregate rate of all taxes levied and aggregate amount
in dollars of taxes levied.
e. Total dollar value of taxes collected.
f. Distribution of tax rate between Interest and Sinking
Fund and other purposes.
(2) If political subdivision is newly created, or if it has
never exercised its taxing power, give the following infor-
mation:
a. Assessed valuation of taxable property if valuations
have been established, and if not, the estimated total
amount of the assessed valuation of taxable property,
indicating whether the figure represents actual valu-
ation or an estimate.
b. Maximum tax rate permitted by law per $100 of assessed
valuation.
c. Ratio of assessed valuation to actual market if assessed
valuation has been established. When actual valuation
or an estimate is reflected for a. above, indicate pro-
posed basis of assessment to be employed by applicant.
(m) Give details of any limitation governing amount of bonded or
general obligation debt which political subdivision may incur.
(n) If political subdivision has bonds outstanding which are payable
wholly or in part from advalorem taxes, the following information
shall be submitted:
(1) A financial statement of outstanding general obligation debt
including balances in the various interest and sinding funds.
(2) Consolidated schedule of future requirements of principal
and interest extended so as to reflect total annual require-
ments.
12
(o) If financing treatment works will involve sale of bonds or other
obligations to the Development Board or others payable wholly
or in part from ad valorem taxes, the following information shall
be submitted:
(1) Schedule of proposed future maturities of principal and
interest of proposed bonds plus total maturities of any out-
standing bonds from Rule 205.2(n) above.
(2) Rate of interest assumed in computing future interest
maturities on proposed bonds.
(p) If treatment works for which financial assistance is desired for
purpose of extending, enlarging, or improving an existing system
or facility, the following shall be submitted for each of the
five (5) preceding years, if available:
(1) Statement of income and expense for the system.
(2) Schedule of service charges.
(3) Number of customers.
(q) Schedule of proposed service charges or rates required for
financing the treatment works under consideration, if different
from Rule 205.2(p) above.
(r) If political subdivision has bonds outstanding which are payable
either wholly or in part from net revenues of a system or facil-
ities in connection with which the current treatment works is
planned, the following information shall be submitted:
(1) A statement of outstanding special obligation debt, including
balances in the various interest and sinking funds, and
reserves.
(2) Consolidated schedule of future requirements of principal
and interest extended so as to reflect total annual require
ments.
(s) If financing of the treatment works will require the sale of
bonds to the Development Board or others payable from net
revenues of the system, the following additional information
shall be submitted:
(1) Schedule of proposed future maturities of principal and
interest on proposed bonds plus total maturities of any out-
standing bonds referred to in Rule 205.2(r) above.
13
(2) Rate of interest assumed in computing future interest re-
quirements on proposed bonds.
(t) If financing of the treatment works will require the sale of
bonds to the Development Board payable either wholly or in part
from revenues of contracts with others, a copy of any actual or
proposed contract under which as much as 10% of the applicant's
gross income is expected to accrue shall be furnished. A copy
of such contracts also shall be submitted to the Attorney General
of Texas with the bond transcript.
(u) Statement as to whether or not there has been a default in pay -
ment of items of matured principal or interest, and if so, give
details.
(v) Annual audit or financial report prepared by an independent
auditor as of the close of the last preceding fiscal year.
(Not required if applicant has no operating history.) Any item
of information required in (1) through (u) may be omitted when
contained in the annual audit or financial report.
(w) A schedule of the project engineer's estimate of future income
A / and expense, showing the estimated amount of pledged net revenues
'' to accrue in each year during the life of any revenue bonds to
be issued.
(x) If a bond election was necessary to authorize bonds to be issued
to finance the treatment works, give the election date and elec-
tion results as to each proposition submitted. If an election
is to be held, then such information shall be furnished after
election.
(y) A certified copy of a resolution of the governing body requesting
financial assistance, authorizing the submission of the appli-
cation, designating the official representative for executing
the application and appearance before the Quality Board.
(z) A pro forma draft of an ordinance, resolution, or similar
instrument to be adopted by the governing body and authorizing
the issuance of each of the bond issues described in Rules
205.2(o) and 205.2(s). Such ordinance, resolution, or similar
instrument shall contain, in addition to the usual provisions,
a section providing for final accounting to the Quality Board
of the total cost of the treatment works upon completion. Such
resolution also shall provide that if the project is finally
completed at a total cost less than estimated, the political
subdivision shall return to the Development Board the amount of
such excess, to the nearest multiple of the denomination of the
bonds sold; whereupon the Development Board shall cancel and
return a like amount of the bonds.
14
(aa) If bonds to be sold to the Development Board are revenue bonds
secured by a subordinate lien, then a copy of a bond resolution
of the prior lien bonds shall be furnished.
(bb) Schedule of voted, but unissued, sanitary sewer general obliga-
tion bonds and water and /or sewer revenue bonds.
(cc) A copy of the rule, regulation, order or ordinance of the
political subdivision controlling the discharge of material
to its waste collection system, and establishing equitable
charges to the users of the system, as required by Section
5.06 of the Texas Water Quality Act.
(dd) A statement on behalf of the political subdivision executed
in affidavit form by the official representative that the facts
contained in Component "S" of the application are true and
correct according to his best knowledge and belief.
205.3 REQUIRED FEDERAL GRANT DATA AND TECHNICAL INFORMATION
(COMPONENT "F ")
State and Federal forms are available which, when properly executed,
generally cover the requirements for Component "F" of the application.
Such forms and the current instructions, are available in the Quality
Board offices in Austin, and potential applicants should communicate with
the Quality Board staff in this regard.
210. FORMAL ACTION BY THE QUALITY BOARD
210.1 QUALITY BOARD CONSIDERATION OF APPLICATION
(a) After all requirements and data have been submitted and routine
processing by the Quality Board staff is completed, the Executive
Director of the Quality Board shall submit the application to the
Quality Board, together with his comments and recommendations,
and the comments and recommendations of the development fund mana-
ger. The comments and recommendations of the development fund
manager shall be specific as to the best method for making finan-
cial assistance available.
(b) In passing upon the application, the Quality Board shall consider:
(1) The public benefit to be derived from the treatment works
and the propriety of State participation;
(2) The development fund manager's recommendations on avail-
'
ability of revenue to the political subdivision, from all
1 15
sources, for the ultimate repayment of the cost of the
treatment works, including interest; and
(3) Such other considerations deemed necessary by the Quality
Board to implement State policy.
210.2 ACTION OF THE QUALITY BOARD ON APPLICATION
Following consideration of the application and all relevant factors
pertaining thereto, the Quality Board may adopt an order of conditional
approval with respect to such application.
When an order of conditional approval is adopted, it shall set forth
the State Priority Rating of the application and shall be a binding commit-
ment to provide State financial assistance at the level required to qualify
the applicant for the maximum Federal grant possible under Section 8(b) of
the Federal Water Pollution Control Act, 33 U.S.C. 1158, or other applicable
Federal law. The order of conditional approval shall be subject to EPA
approval of the Federal grant; compliance with the rules; and compliance
with the following requirements:
(a) Certification by the Executive Director of the Quality Board in
the manner provided by Rule 210.3. The certification shall be a
condition precedent to the vesting of any right or claim to, or
upon, the Texas Water Development Fund, or the Quality Board.
(b) Agreement by applicant to indemnify and hold harmless the State of
Texas against any and all claims arising from construction of the
treatment works.
(c) Approval of the applicant's bond ordinance, resolution, or similar
instrument by the Executive Director of the Quality Board based
on the recommendations of the Development Board acting through the
development fund manager.
210.3 STAFF CERTIFICATION OF PROJECT
Subsequent to adoption by the Quality Board of an order of conditional
approval, the Executive Director of the Quality Board shall review the pro-
ject with reference to the terms, conditions, and provisions contained in
such order. If he finds that all conditions and stipulations required of
the applicant have been satisfied; that final engineering data, including all
plans and specifications, are acceptable; and that transmittal of Water
Quality Enhancement Funds to the applicant should be accomplished, he shall
so certify to the Quality Board.
16
210.4 ENGINEERING DATA PREREQUISITE TO STAFF CERTIFICATION
(a) The applicant shall submit for approval copies of plans, speci-
fications, and an engineering report, which data shall be as
detailed as would be required for submission to contractors
bidding on the work, and which shall embrace:
(1) The location and description.
(2) The existing facilities to be acquired or replaced.
(3) The proposed improvements or extensions of existing facilities.
(4) The basis of design.
(5) The feasibility.
(6) The need for the improvements.
(7) The itemized estimated cost of construction, including
appraisal of any existing facilities to be acquired.
(8) The estimated cost of operation and maintenance.
(9) The analyses of quality and quantity of sewage transported
and /or treated; and impact of waste water on the receiving
waters.
(10) All details necessary for complete analysis of stresses in
the structure and details of arrangement of all works in
order that a study of these features may be accomplished.
(11) Analyses of infiltration and bypassing.
(12) An analysis of flood hazard to the treatment works.
(b) Plans, specifications, and estimated costs of proposed improve-
ments shall be prepared by a registered professional engineer.
(c) Maps prepared and submitted in conjunction with the works shall
measure 22" or 24" x 36" outside, with a 2" binding edge at the
left; other margins shall be not less than 1/2" wide.
(d) All engineering sheets, maps, etc., shall bear a title in the
lower right -hand corner showing the facility name, the name and
address of the applicant, the county, the sheet number, total
number of sheets, a description of details on sheet, and shall
17
bear the seal of a professional engineer registered in the State
of Texas.
(e) Each set of complete engineering plans and specifications shall
be accompanied by a series of maps with scale not less than
- 2000' showing:
(1) The location and extent of works.
(2) The location of lines, pumping plants, treatment plants, and
other pertinent structural appurtenances.
(3) The course of the river, stream, or other routes of effluent
discharge, with the direction of flow indicated.
(f) All materials and workmanship shall conform to such engineering
specifications adopted by the Quality Board and in effect at the
time of filing the application.
(g) The actual construction contract shall include a provision requiring
general supervision by a registered professional engineer during
construction and for inspection by the Quality Board at any time
during the construction period.
(h) In order to be current, the engineering report required by this
section shall have been prepared during that six -month period
immediately prior to its submission to the Board in conjunction
with an application. If prepared earlier than six months prior
to submission, then such engineering report shall be accepted
only if accompanied by a statement from the project engineer that
he has reviewed the report as originally prepared, and finds that
it is substantially current in view of all existing circumstances.
(i) Subsequent to staff certification as described by Rule 210.3,
neither plans nor specifications shall be changed so as to result
in a major alteration or raise the approved cost.
210.5 LEGAL DOCUMENTS PREREQUISITE TO STAFF CERTIFICATION
The documents which shall be required prior to staff certification by
the Executive Director of the Quality Board shall include the following:
(a) Affidavit of project engineer as to sufficiency of funds, including
proceeds to be derived from sale of bonds to the Development Board
and to others, and any other available funds to complete the pro-
ject, including the Federal grant.
18
(b) In those projects involving the sale of revenue bonds to the
Development Board or to others, a binder of a corporate surety
company authorized to do business in Texas, to execute a
Contractor's Performance Bond in an amount equal to One Hundred
Percent (100 %) of the actual construction contract cost.
(c) Three copies of each actual construction contract to be entered
into and executed by the applicant for construction of the treat-
ment works.
(d) Such other instruments or documents as the Quality Board may
determine to be in the public interest and containing such
terms and conditions as the order of conditional approval may
require.
215. CLOSING PROCEDURE
215.1 INSTRUMENTS REQUIRED FOR CLOSING
Upon certification by the Executive Director of the Quality Board as
provided in Rule 210.3, the applicant shall make closing arrangements with
the development fund manager for the delivery of bonds to be purchased
by the Development Board, and for the actual transfer of water quality
enhancement funds to the applicant. The applicant shall assume the
responsibility for delivery of the bonds in proper form to the Development
Board at the office of the State Treasurer, Austin, Texas, accompanied
by written instructions to the development fund manager for delivering
the proceeds of the bonds, i.e., instructions as to whom the state warrant
shall be made payable, and to whom it shall be delivered.
Bonds which the Development Board may purchase are required by statute
to bear an interest rate, or combination of interest rates, equivalent
to the weighted average interest cost for all Texas Water Development Bonds
previously issued to provide water quality enhancement funds. Should the
Quality Board request the Development Board to issue and sell additional
Texas Water Development Bonds prior to date of closing, an adjustment in
the purchase price may be made so as to comply with the statutory require
ment.
Documents which shall be required by the Development Board prior to
closing shall include the following:
(a) Certification of the Executive Director of the Quality Board to
the Quality Board that all conditions and stipulations required
of the applicant have been satisfied; that final engineering
data, including all specifications are acceptable; and that
19
actual transmittal of Water Development Funds to the applicant
should be accomplished.
(b) Executed copy of ordinance, resolution, or similar instrument
adopted by the governing body authorizing issuance of bonds or
other obligations sold to the Development Board, as approved
pursuant to Rule 210.2(c).
(c) Executed copies of each contract required by Rule 205.2(t).
(d) Unqualified approving opinions of the Attorney General of Texas
as to the legality of bonds sold to the Development Board, and
also as to any bonds sold to finance the balance of the treat-
ment works cost, on each of which opinions shall appear a
certification from the State Comptroller of Public Accounts that
such bonds have been registered in his office.
(e) Unqualified approving opinion by a recognized bond attorney
acceptable to the Development Board as to legality of bonds or
other obligations, sold to the Development Board and to others,
if any.
Such attorney shall also furnish the Development Board a tran-
script of the proceedings relating to the bonds or other obli-
gations purchased by the Development Board which shall contain
those instruments normally furnished a purchaser of a bond issue;
however, the applicant need not duplicate any material previously
supplied to the Development Board.
220. ACTUAL CONSTRUCTION PHASE FOR
FINANCIAL ASSISTANCE PROJECTS
220.1 GENERAL INFORMATION
Although the legal relationship of the State to the applicant under
the Financial Assistance Program is primarily that of a bond holder, the
Constitution and statutes authorizing the Financial Assistance Program
impose additional responsibilities and restrictions, on both the Quality
Board and the applicant, designed to provide additional assurance for the
stability and security of the Water Quality Enhancement Program. Additional
restrictions include the requirement for withholding not less than ten
(10 %) of the construction installment payments pending final certification
by the Executive Director of the Quality Board of the completed project
in accordance with statutorily prescribed criteria. Incidental to this
retainage and final treatment works approval requirement is the right of
inspection during construction, and the duty to review for approval all
20
proposed changes in the engineering plans of treatment works when such
changes are of a substantial or material nature.
Consequently, by virtue of the legal requirements of continuing con-
trol and supervision by the Quality Board of the construction progress,
the relationship between the Quality Board and applicant represents more
than that of mere lender and borrower, and in many respects approaches a
type of partnership for the enhancement of water resources from which
the entire State will ultimately benefit.
220.2 AWARDING CONTRACTS FOR ACTUAL CONSTRUCTION
The applicant shall be responsible for assuring that every appro-
priate procedure and incidental legal requirement is observed prior to
advertising for bids and awarding the contract for actual construction
including required EPA approvals. The text of the contract for actual
construction shall be approved by the Quality Board prior to advertisement
of bids for actual construction.
220.3 SUPERVISION OF ACTUAL CONSTRUCTION
After the contract for actual construction is awarded, the applicant
shall provide for adequate supervision of the project by the project
engineer to assure that the work is performed in a satisfactory manner
in accordance with the approved plans, specifications, and approved alter-
ations, and in accordance with sound engineering principles and practices.
The Quality Board, or its authorized agent, shall have the privilege of
inspecting the actual construction of any treatment works at any time in
order to assure that plans and specifications are being followed, and that
the works are being constructed in accordance with sound engineering
principles and practices, but such inspection shall never subject the
State of Texas to any action for damages. The Quality Board's inspector
shall bring to the attention of both the applicant's project engineer and
the contractor any variances from the approved plans and specifications.
The project engineer shall initiate necessary corrective action.
220.4 ALTERATIONS IN APPROVED PLANS AND SPECIFICATIONS
If after Quality Board approval of engineering plans and specifi-
cations, it becomes apparent that changes are necessary in such plans
and /or specifications and that these changes would result in a major
alteration or raise the approved cost, they shall be submitted to the
Executive Director of the Quality Board for approval, and when possible,
well in advance of the construction alteration. If there is an immediate
danger to life or property, tentative approval of change orders may be
21
secured from the Executive Director of the Quality Board by telephone and
confirmed by letter or telegram. A proposed change order should be
accompanied by a cost estimate and contain sufficient information, with
plans or sketches, to enable the Quality Board staff to evaluate the pro-
posed change order. Engineering computation shall be included if struc-
tural changes are involved. After approval of the proposed alterations
by the Executive Director of the Quality Board and EPA, copies of the ap-
proved change order shall be forwarded to the applicant, the project engineer,
and appropriate contractors.
220.5 ACTUAL CONSTRUCTION COST OVERRUNS
Should any bid exceed the amount estimated by the project engineer but
be nevertheless recommended as acceptable by the project engineer, a report
thereof immediately shall be made by the applicant to the Quality Board,
which shall have the right to require a delay in the award of the contract
until such time as the Quality Board may determine that such award will
not jeopardize completion of construction of the treatment works by reason
of expenditure of funds in excess of the amount available and necessary
to meet all required construction expenditures. Whenever the project
engineer makes a new estimate of treatment works costs which exceeds the
estimated costs approved by the Quality Board and EPA, the applicant may
submit an application to the Quality Board for an increase in State finan-
cial assistance and an increase in the Federal grant.
22
CHAPTER III
FINANCIAL ASSISTANCE
DIRECT LOANS AND OBLIGATIONS OTHER THAN BONDS
300. POLICY
300.1 STATE POLICY
It is the intent that bonds purchased by the Development Board will
be marketable in the municipal bond market, thereby providing a revolving
fund for the continuing purchasing of political subdivision bonds, and
extending the use of the State bond program for water quality enhancement.
Direct loans and obligations other than bonds are not marketable
in the public market. Therefore, it is the policy of the State of Texas
to utilize direct loans or to purchase obligations other than bonds, to
provide water quality enhancement funds only as a last resort. A polit-
ical subdivision will not be regarded as being unable to issue bonds
because it is inconvenient or because an election will be required to
authorize the issuance of bonds. In the event of an unsuccessful election,
and in other appropriate cases, the purchase of bonds pursuant to the
Compact will be given preference over a direct loan or the purchase of
obligations other than bonds.
305. FORMAL ACTION BY THE QUALITY BOARD
305.1 QUALITY BOARD CONSIDERATION OF APPLICATION
No application for a direct loan shall be granted unless the Quality
Board, on the advice of the Executive Director of the Quality Board and on
the recommendations of the Development Board acting through the development
fund manager, shall find, after consideration as outlined in Rule 110.2(d),
that:
(a) the applicant is unable to issue bonds or other obligations for
construction of treatment works for which a Federal grant is to
be made, and,
(b) the applicant has sources of revenue which can be pledged, of
not less than the amount necessary to repay the principal of
and interest on the loan over a period of time.
23
305.2 LOAN AGREEMENT
Before the delivery of any water quality enhancement funds to the appli-
cant, the Quality Board shall, with the advice of the Executive Director
of the Quality Board and on the recommendations of the Development Board
acting through the development fund manager, execute a loan agreement pro-
viding the time period for proper payment of principal and interest to the
appropriate account.
Such loan agreement shall be agreeable to the Development Board and
shall be approved by the Attorney General of Texas. Such loan agreement
shall be accompanied by proof of the matter set forth in Section 7.10(e)
of Subchapter G of the Texas Water Quality Act (Section 21.10(e), Texas
Water Code). If the loan agreement is payable from revenues, the appli-
cant shall submit copies of rate orders and /or ordinances setting utility
rates, as well as certified copies of the engineer's projections of in-
come.
305.3 APPLICATION INFORMATION
Applicants contemplating financial assistance by a direct loan shall
comply with the provisions of Sections 205.1, 205.2, and 205.3, as appro-
priate, of these Rules. It is especially important that these applicants
consult with the staff of the Quality Board prior to submitting an appli-
cation so as to be properly informed as to the information which will be
required. The Executive Director of the Quality Board will refer appli-
cants to the Development Board where necessary for further consultation
on the submission of an application.
24
CHAPTER IV
FINANCIAL ASSISTANCE
STATE OF TEXAS WATER POLLUTION
CONTROL COMPACT BONDS
INTRODUCTION;
USE OF THE COMPACT
The State of Texas Water Pollution Control Compact may be used to
provide the required State payment in each instance when a political sub-
division wishes to use and proceed through a Signatory to the Compact in
applying for and obtaining a Federal grant pursuant to the Compact, under
terms and conditions mutually agreeable to the political subdivision and
such Signatory. When the Compact is so used, it shall constitute a proper
method for making the required State payment, as provided in the Compact,
and as provided by Section 21.095 of the Texas Water Code, and in each
such instance the political subdivision and the Signatory to the Compact
shall execute and file with the Quality Board a memorandum agreement
between the political subdivision and the Signatory evidencing compliance
with the Compact.
Bonds issued by a Signatory to the State of Texas Water Pollution
Control Compact pursuant to the Compact and Section 21.095 of the Texas
Water Code shall be purchased by the Development Board, upon the direction
of the Quality Board, with money received from the sale of Texas Water
Development Bonds pursuant to Article III, Section 49 -d -1, Texas Consti-
tution. These bonds will be purchased under terms and conditions that are
mutually agreeable to the Signatory, the Quality Board, and the Development
Board.
25
APPENDIX OF FORMS
(For Illustration Only)
AN ORDER OF THE TEXAS WATER QUALITY
BOARD CONDITIONALLY APPROVING AN
APPLICATION TO PURCHASE BONDS
ISSUED BY A POLITICAL SUBDIVISION
WHEREAS, the XYZ Authority, to be hereinafter referred to as the
Authority" has proposed to construct sewage treatment works project located
(here follows complete description)
, to be herein referred to as "the project ", and
WHEREAS, the Authority, on the day of , 19 , filed
an application with the Texas Water Quality Board for a Federal grant and
for State financial assistance in the construction of the project in the
amount of ($ ) Dollars, as
authorized by Section 49 -d -1 of Article III of the Texas Constitution,
Subchapter G of the Texas Water Quality Act, and by the Joint Rules,
Regulations, and Policies of the Texas Water Quality Board and the Texas
Water Development Board; and
WHEREAS, funds totaling ($ )
Dollars, are required for construction of the proposed project, all as
appears more fully in the application and other instruments filed in con-
junction therewith to which reference is made for all purposes; and
WHEREAS, the Authority proposes to issue and offer for sale to the
Development Board its bonds as security for the loan totaling
($ ) Dollars; and
A -2
WHEREAS, in accordance with Subchapter G of the Water Quality Act, the
Quality Board has carefully considered all matters required by law and in
particular the following:
1. The public benefit to be derived from the project and the
propriety of State participation;
2. The availability of revenue to the political subdivision,
from all sources, for the ultimate repayment of the cost
of the project, including interest; and
3. Other relevant factors;
NOW THEREFORE BE IT ORDERED by the Quality Board that the State
Priority Rating of Authority is ; and
BE IT FURTHER ORDERED by the Quality Board that said Board hereby
finds that the public interest requires State participation in the project
of the Authority in the total amount of
($ ) Dollars; that the maximum Federal grant cannot be ob-
tained without State financial assistance in the amount of
($ ) Dollars; that the revenues pledged
by the Authority will be sufficient to meet all obligations assumed by said
Authority within the repayment period, which is not more than forty (40)
years; and based on the foregoing, financial assistance to the Authority,
in the total amount of ($ )
A -3
Dollars, is hereby conditionally approved SUBJECT TO AND CONDITIONED UPON
the following terms, conditions, and provisions:
1. Provided the Authority shall submit to the Executive
Director of the Quality Board final engineering plans and
specifications for the treatment works, which engineering
plans and specifications shall be unconditionally approved
and certified in the manner provided by Rule 210.2 of the
Joint Rules, Regulations, and Policies of the Quality
Board, and the Development Board.
2. Provided the Authority shall indemnify and hold harmless
the State of Texas against any and all claims and causes
of action arising from the construction, acquisition,
operation, and maintenance of the project.
3. Provided the Executive Director of the Quality Board shall
review the project with reference to the terms, conditions,
and provisions related herein and contained in the Joint
Rules, Regulations, and Policies of the Texas Water Quality
Board and the Texas Water Development Board, and on the
basis of such review, shall certify that all terms, con-
ditions, and provisions required by (1) the Constitution
and Laws of the State of Texas; (2) the Joint Rules,
Regulations, and Policies of the Texas Water Quality Board
and the Texas Water Development Board; and (3) the specific
A -4
fl
stipulations herein contained and recorded, have been
satisfied. The certification of the Executive Director of 4
the Texas Water Quality Board shall be a condition precedent
to vesting of any right or claim to or upon the Texas Water
Development Fund or the Quality Board.
4. Provided the Authority shall promptly tender a final accounting
of all project costs and expenditures, such accounting shall
be in a form and manner acceptable to the Quality Board and
certified correct by a Certified Public Accountant.
(
5. Provided the Executive Director of the Quality Board, based
upon the recommendations of the Development Board acting
through the development fund manager, shall subsequently
approve the Authority's bond ordinance, resolution, or sim-
ilar instruments authorizing the issuance of bonds to
finance the project herein described.
6. Provided that if the project is finally completed at a total
cost less than estimated, the Authority shall return to the
Development Board the amount of such excess to the nearest
multiple of ($ )
Dollars, whereupon the Development Board shall cancel and
deliver to the Authority a like amount of the Authority's
bonds held by the Development Board.
x E
A -5
r •
BE IT RESOLVED that the consulting engineer firm of
, which firm has been nominated by the Authority to
perform the functions of project engineer, is deemed to be qualified and
acceptable to be employed for such responsibility, and
BE IT FURTHER RESOLVED that the actual construction contract and
successfully bidding contractor shall be approved by the Quality Board,
acting through its Executive Director.
Adopted this day of , 19 _ , A.D.
A -6
I 2.4 VA
. U.S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
.��.
e fr,*[S O` �+ SOUTHWESTERN REGIONAL OFFICE
702 COLORADO STREET
AUSTIN, TEXAS 78701
February 14, 1972
7
Mr. Ran Boswell
City Manager
101 Church Street, N.
College Station, Texas 77840
L
__ Re: EDA Project No. 08 -1 -00959
City of College Station, Texas
Dear Mr. Boswell:
Our review of the plans and specifications, submitted for the
above project, discloses that the following items must be received
and approved before we can authorize you to advertise for bids:
A. Contract Documents
1. EDA Form ED -116, Item No. 1: Change the bid holding period
from 30 to 60 days.
2. EDA Form ED-118, Contract B: Change the bid holding period
from 30 to 60 days.
3. Part H, Special Instructions, Page No. H -2, H.6: Photographs;
delete entire item. Photographs must be paid for by the
Owner.
4. Part X, Detail Specifications: Item 8h, Page XX -11 and
Items Nos. 13h and 15, Page XX -16, the words "or equal" must
be inserted after brand names of equipment.
5. Part C, Structural Concrete, Item C.28, Design and Testing:
All expenses for the design of the concrete mixture and the
1 testing of the cylinders taken during construction will be
paid for by the Owner.
i B. Plans
The sewer collection lines, designated in the project applica-
tion, are not included in the proposed construction. Please
advise this office of your plans regarding this part of the
4 project.
4
4
2
In addition, the following items remain to be submitted for
approval prior to our approval of advertisement for bids, as
required by the EDA "Requirements for Approved Projects ":
1. CM- FF -(1) and (2), "Certificates as to Project Site,
Rights -of -Way and Easements ".
2. Documentation to clear Special Condition "A" to the Grant
Agreement.
3. An executed copy of the Uniform Relocation Assistance
Certificate.
4. EPA and State Health Department approvals of the plans and
specifications.
5. Form ED -151 (Engineer Certification).
6. Form ED -1004, "Depository Bank Acceptance and Confirmation
Statement ".
7. Proof of honesty bond in the amount of $50,000.
8. Construction finance plan, including interim financing, with
a cash flow diagram.
9. A copy of your Attorney Agreement (letter).
10. Your current Engineer's cost estimate.
If you have any questions on the above items, or if you require
additional information pertinent thereto, please contact Mr.
John Marino, Project Engineer, Telephone No. AC 512/397 -5826.
Sincerely,
ugh M. Farmer, P.E.
Chief, Technical Support Division
cc:
Riewe & Wischmeyer, Inc.
Mayor Dick Hervey
P
R.,
R 7 A j
gxas $ta !parimrtt of Pruitt!
JAMES E. PEAVY, M.O., M.P.H. BOARD OF HEALTH
COMMISSIONER OF - HEALTH AUSTIN, TEXAS
HAMPTON C. ROBINSON, M.D., CHAIRMAN
ROBERT D. MORETON, M.D., VICE - CHAIRMAN
W. KENNETH THURMOND, D.D.S., SECRETARY
J. B. COP EL AND. M.D. N. L. BARKER JR., M.D.
DEPUTY COMMISSIONER
CHARLES MAX COLE, M. D.
February 16, 1972 JOHN M GSMITH ,IR.. ^. D D. MICKIE
JESS WAYNE WEST, R. PH.
ROYCE E. WISENBAK ER, M. 5. ENG.
S -CJMc
Riewe and Wischmeyer, RE: College Station, Texas
Incorporated Waste Treatment
Consulting Engineers Plant Improvements
8533 Ferndale Road EDA Project
Dallas, Texas 75238 Number 08 -1 -00959
Gentlemen:
We have completed our review of your plans and specifications for the
above referenced project. The plans for improvement conform to the
Design Criteria of the Texas State Department of Health and are here-
with approved.
Your attention is called to the hydraulic transfer point between the
mixing and re - aeration basin and it is our suggestion that some meth-
od of flow control between the two chambers be installed.
It is our understanding that you intend to install an additional 1.5
M G D contact stabilization unit, complete with measuring device, mech-
anical grit removal facilities, additional sludge drying beds, storm
water clarifier, chlorination facilities, mechanical bar screen, and
lift station.
Riewe and Wischmeyer,
Incorporated
Page Two
February 16, 1972
If we may be of any further assistance to you, please let us know.
Very truly yours,
7
Chandler J. McE., Engineer III
Plans and Specifications
Division of Wastewater Technology
and Surveillance
CJMc /dec
ccs: Honorable A. B. Hervey, Mayor
City of College Station
Ran Boswell, City Manager
City of College Station
Economic Development Administration
ATTN: John Marino
Bryan - Brazos County
Health Department
Local Health Services
Region IV
Texas Water Quality Board
ATTN: Robert G. Fleming, P.E.
2
2. Documentation to clear Special Condition "A" to the Grant
Agreement.
3. An executed copy of the Uniform Relocation Assistance
Certificate.
4. EPA Certificate of Adequacy of Treatment.
5. Form ED -151, "Engineer's Certificate ".
6. Form ED -1004, "Depository Bank Acceptance and Confirmation
Statement ".
7. Proof of honesty bond in the amount of $50,000.
8. Construction finance plan, including interim financing, with
a cash flow diagram.
9. A copy of your Attorney Agreement (letter).
If you have any questions on the above items, or if you require
additional information pertinent thereto, please contact Mr.
John Marino, Project Engineer, Telephone No. AC 512/397 -5826.
Sincerely,
Yl t. 6f 2k-V
h M. Farmer, P.E.
Chief, Technical Support Division
cc:
Riewe & Wischmeyer, Inc.
Mayor Dick Hervey
i
March 13, 1972
Mr. Hugh M. Farmer, P. E.
Chief, Technical Support Division
Economic Development Administration
702 Colorado Street
Austin, Texas 78701
Re: EDA Project No. 08 -1 -00959
Waste Water Treatment Plang and
Water System Improvements
College Station, Texas
Dear Mr. Farmer:
This is to advise you that the University National Bank of College Station,
Texas, has agreed to provide interim financing for the above numbered pro -
ject. The amount of the loan will be 25% of the project cost, with an annual
percentage rate of 4 %.
If any other information is needed regarding this financing, please let
us know.
Sincerely,
Ran Boswell
City Manager
City of College Station, Texas
RB /nr
t
1 '
. THE CITY OF COLLEGE STATI
I 1 1101 TEXAS AVENUE• 77840 I I TEXAS •1•
March 15, 1972
4
Mr. Hugh M. Farmer, P. E.
Chief, Technical Support Division
Economic Development Administration
702 Colorado Street
Austin, Texas 78701
Re: EDA Project No. 08 -1 -00959
City of College Station, Texas
Dear Mr. Farmer:
This letter is in reference to your correspondence of February 28, 1972 pertaining to the
above project. Relative to Paragraph 2, it is agreed that the City of College Station will
hear all expenses for the design of concrete mixture and testing of cylinders taken during
trie construction of the project.
In Paragraph 3 concerning certain collector lines that were designed in the original appli-
cation which were deleted in this project, we wish to advise that the lines have either been
installed by City forces or found that they were not feasible at this time.
In Paragraph 4, you had a question about the over -run and whether or not the City was in a
position to pay this cost. The College Station City Council realizes that there will be an
over -run on this project and is in a position to pay the proposed over -run.
In the final design of the waste water plant, the City Council directed the engineer to increase
the capacity of the plant and at the same time obligated certain City funds to pay the cost of
the increased capacity.
}
Relative to the requirements referred to in Paragraph 5:
1. At this time we have not secured all of the easements that are required in this
project, however, we hope to have all of the easements within ten days. At
that time we will mail you the proper forms of certification as to project site
and right -of -way easements.
2. This information is being mailed to you in a special communication.
' 3. We are enclosing an executed copy of the uniform relocation assistance certificate.
4. The engineer is handling this item for us.
5. The engineer is also handling the "Engineer's Certificate', form ED -151.
1
•
Page 2
6. We are enclosing form #ED -1004 which is signed by Mr. Joe R. Sawyer, President
of the University National Bank of College Station, that has to do with depository bank •
acceptance and confirmation statement.
7. We are enclosing a copy of the honesty bond in the amount of $50, 000.00 for
• Florence Neelley, Director of Finance, and $50, 000.00 for Ran Boswell, City
Manager. I wish to refer you to Rider 2 which is dated February 10, 1972,
which is made a part of the insurance policy dated January 31, 1971.
8. We are enclosing a project flow of funds for this project. We are also enclosing a
letter to you under my signature advising you that the University National Bank of
College Station, Texas has agreed to provide interim financing. The amount of the
loan will be 25% of the project cost with an annual percentage rate of 4 %. Also
enclosed is a letter from Mr. Joe R. Sawyer, President, University National Bank,
concerning interim financing.
9. This item has been taken care of in a recent communication to you.
If you need further information, please contact us.
Sincerely,
199 „if •
Ran Boswel
City Manager
RB /nr
Enclosures
•
• 4.
RELOCATION ASSISTANCE CERTIFICATE
•
•
Name of Project Water and Sewer Imps o'vements
•
City and State College Station, Texas
Project Nuclbcr 08 -1- 00.959
•
TEx is $ta Prpartnwitt of peu1f1
JAMES E. PEAVY, M.D., M.P.H. BOARD OF HEALTH
COMMISSIONER OF HEALTH AUSTIN, TEXAS
HAMPTON C. ROBINSON, M.D., CHAIRMAN
ROBERT D. MORETON. M.D., VICE- CHAIRMAN
W. KENNETH THURMOND, D.D.S., SECRETARY
J. B. COPEL AND, M.D. N. L. BARKER JR., M.D.
DEPUTY COMMISSIONER CHARLES MAX COLE, M. D.
MICKIE G. HOLCOMB, D. O.
JOHN M. SMITH JR., M. D.
JESS WAYNE WEST, R. PH.
February 17, 1972 ROYCE E. WI SEN BAK ER, M. S. ENG.
Riewe and Wischmeyer, Inc.
Consulting Engineers
8533 Ferndale Road
Dallas, Texas 75238
Attention: W. J. Wischmeyer, P. E.
Subject: EDA Financed Water System Improvements
City of College Station
Brazos County, Texas
Gentlemen:
We are in receipt of plans and specifications for the subject system. It
is noted that the proposed improvements are to consist of the installation
of 8,300 linear feet of 18 inch Ductile Iron Pipe, 6,200 linear feet of
12 inch Cast Iron Pipe, 40 linear feet of 8 inch Cast Iron Pipe and related
appurtenances.
We have completed our review of the above planning material and it appears
to be prepared in general conformity with good public health engineering
practices and our current standards.
Your cooperation in submitting this planning material for our review is
appreciated, and it is hoped that the proposed facilities can be provided
at an early date.
•
•
:i)]e to comply fully with the Uniform Relocation Assistance and Land
.1,cqui sition Policies Act: of 1970, 34 Stat. 1594, including, but not limited
• to, sections 210, 213(b) (3) and 305 thereof, If I have indicated that the
crantee /l3orro\ :e1: or Applicant is not able to • comply, • I have attached my opinion
• indicating with which sections or portions of such sections tale Grantee /Borrower
• Or Applicant is not able to comply and the basis for my opinion including
appropriate citations to applicable law.
I do further certify that I shall inform the appropriate E111 Regional Offices
of any changes in State or loch law which will modify my opinion as delivered ,
to you herewith. .
•
Dated this -13th day 62 March • , 1972.
•
•
Signature
Don Dillon
I
• • City of College Station, Texas
Attorney for Grantee /Borrower or Appli'can
. For the purpose of this Certificate, the term:
1. "displaced person" means any individual, partnership, corporation,
or association who moves from real property or moves his personal property,
business or farm operation from real property as a result of the acquisition
in whole or in part of, or the written order to vacate, real property
in connection with the abo -named project;
•
2. "business" means any lawful activity, excepting a farm operation,
conducted primarily -
(a) For the purchase, sale, lease and rental of personal and real
property, and for the manufacture, processing or marketing of products,
commodities, or any other personal property;
•
. (b) For the sale of services to the public;
(c) By a non - profit organization; or
• (d) For assisting in the purchase, sale, resale, manufacture,
processing, or marketing of products, commodities, personal property, or
services by the erection and maintenance of an outdoor advertising display
or displays, whether or not such display or displays are located on the
premises on which any of the above activities arc conducted; and
•
•
•
3 •
•
•
3. farm operation moans any activity conducted solely or primarily
for the production Of One or more agricultural products or commodities,
• including timber, for sa]e or home use, and customarily producing such
products or commodities in sufficient quantity to be capable of cont:r. i.but:-
,• inf materially to the operator's support.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
I
DudAct Du re.0 No. 41- k23641 Ayyrov.l Expire frec.mb., i . 1771
•c, E0.1004 U.S. OEPART,. CNT Or COMMt:RCC Project No.
I 11i -..1 ECONOMIC O[VCLOPM[NT AOMINIaTItAT1ON 08 -1 -00959
� ' Project Title
Waste Treatment Plant Improvements
DEPOSITORY BANK ACCEPTANCE AND & Water System Improvement •
CONFIRMATION STATEMENT
Date
March 13,
1972
Name of Gr•ntee /Borrower
City of College Station, Texas
I. re will accept from time to time, for deposit, monies of the Grantee /Borrower named above and the Economic Develeymenc
. Administration for defraying the coat of the project identified above and will at all times keep such monies in • separate
I account or accounts designated.
•
Fund Series 1971 B
S Revenue Bond F
Water „d +
OP
I
11. We wish to advise that •s of the date of this Statement the Grantee /Borrower named above has deposited
•
$
420 000
1 into the above -named account of accounts.,
t
E III. This banit. is • member of the Federal Deposit Insurance Corporation
i
k IV. Only the following t Y s persons have been
I authorized to make disbursements from
( the account described above.
f University National Bank
I Coryotate Name of an
Florence Neelley •College Station, Texas
■ Ran Boswell Address
• ` By s .� .L�
Signature of Authorized Officer
I iJ
i
i March 13, 19'72 President
i 1 Date Title of Officer
i
I STATEMENT OF GRANTEE /BORROWER
E
r
1 1 I (We) understand that disbursements from the account described above may be made only foe authorized costs of the raj• -r
noted.
1 S ,,...a.,----z_Lie-4 .
•
.
1 • ----., Authorized Aepresentat ve of the Grantee /Borrower.
1 .
City Manager
Title
G
--
I - .
l
• oacOMM -OC •)3 * -•••
I Ex•`� i5 is E.
e) l i
E .
PUBLIC EMPLOYEES BLANKET BOND
FIDE L ITYAND )' EPOSI t I
COMPANY OF MARYLAND
A STOCK COMPANY— ESTABLISHED 1890 — BALTIMORE, MO. 21203
(Herein Called Surety)
::--; ir i co N
No. 84 85 _ O6
9
DECLARATIONS
ITEM 1. Name of Obligee: � INSURANCEaNDBONDS siNCE 18� -' " ri ...! „, _ r , ,/
CITY OF COLLEGE STATION ' ' - c' ' //Z /
r
COLLEGE STATION, TEXAS �^,
i
ITEM 2. Name of Insured: f
CITY OF COLLEGE STATION
COLLEGE STATION, TEXAS
ITEM 3. Bond Period: from the beginning of January 31st, 1 9 7 1
Month Day Year
to 12 o'clock night on the effective date of the cancelation or termination of this Bond as an entirety.
ITEM 4. Table of Limits of Liability:
INSURING AGREEMENT 1— Honesty Blanket Bond Coverage $ ........._AT:.__
INSURING AGREEMENT 2— Honesty Blanket Position Bond Coverage $._._.__11.11._..._._.
INSURING AGREEMENT 3— Faithful Performance Blanket Bond Coverage $_...__._..L!71.
INSURING AGREEMENT 4— Faithful Performance Blanket Position Bond Coverage $._...2,.5ASL QQ
ITEM 5. The liability of the Surety is subject to the terms of the following riders attached hereto:
RIDER 1
TEXAS RIDER (F4683)
ITEM 6. The Obligee and the Insured by the acceptance of this Bond give notice to Surety terminating or canceling prior
bond(s) I\'o.(s).__._.._____._. _ NO EXCEPTIONS
such termination or cancelation to be effective as of the time this Bond becomes effective. '
,
i
(d _cCountersigned by �`' k..--
Authorized Representative
P111 -5M, 3 -68 177796
Revised to May, 1958
(SR 5655)
PEBB - Page 1 of 4
RIDER 1
To be attached to and form part of Bond No 84 85 906
Obligee__._ _ CITY OF COLLE STATION
1wO.LL 5.I °,.TI.Q TE X^;S
Insured_____ .......... _...... __ _..... _. CITY OF C O L L E C I E STATION
COLLEGE STATION, TEXAS
It is agreed that:
1. Additional indemnity, in accordance with the terms of such of the Insuring Agreements in force under the attached bond as are
specifically designated opposite the following positions, respectively, is granted by this rider on Employees performing the duties of such
positions, to the amount set opposite the names of such positions, respectively.
2. The liability of the Surety under this rider on account of any one Employee in any one or more of such positions (in the original or
an increased or decreased amount) shall not exceed the largest single amount of indemnity on any one position occupied by such Employee.
3. No losses shall be recoverable under this rider unless caused by an Employee who has been identified as having caused such loss,
anything to the contrary in said bond or this rider notwithstanding.
Total Number Amount of
Position Location Insuring of Employees Additional
Agreement in each Indemnity on
Position each Employee
DIRECTOR OF FINANCE COLLEGE STATION, IV 1 $7,500.00
TEXAS
4. This rider is effective as of..._____ _anuary 31st, 1971
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST: By ,/ 4
Secretary
President
Countersigned bye_ _.__ ._. . __
Authorised Representative
P198 -5M, 3 -68 177798
Additional Indemnity Rider—For use with Public Employees
Blanket Bond and Public School System Employees Blanket Bond,
to provide additional indemnity coverage.
Revised to May, 1958.
(SR 5661)
The Surety, in consideration of the payment of the premium, and subject to the Declarations made a part hereof,
the General Agreement, Conditions and Limitations and other terms of this Bond, agrees, in accordance with such
. of the Insuring Agreements hereof as arc specifically designated by the insertion of an amount of indemnity in the
Table of Limits of Liability, to indemnify the Obligee for the use and benefit of the Insured for:
INSURING AGREEMENTS
Honesty Blanket Bond Coverage
1. Loss sustained by the Insured through any fraudulent or dishonest act or acts committed by any of the Employees, acting alone or in
collusion with others, during the Bond Period, to an amount not exceeding in the aggregate the amount stated in the Table of Limits of
Liability applicable to this Insuring Agreement 1.
Honesty Blanket Position Bond Coverage
2. Loss sustained by the Insured through any fraudulent or dishonest act or acts committed by any of the Employees acting alone or in
collusion with others, during the Bond Period, the amount of indemnity on each of such Employees being the amount stated in the Table
of Limits of Liability applicable to this Insuring Agreement 2.
Faithful Performance Blanket Bond Coverage
3. Loss caused to the Insured through the failure of any of the Employees, acting alone or in collusion with others, to perform faithfully
his duties or to account properly for all monies and property received by virtue of his position or employment during the Bond Period to an
amount not exceeding in the aggregate the amount stated in the Table of Limits of Liability applicable to this Insuring Agreement 3.
Faithful Performance Blanket Position Bond Coverage
4. Loss caused to the Insured through the failure of any of the Employees, acting alone or in collusion with others, to perform faithfully
his duties or to account properly for all monies and property received by virtue of his position or employment during the Bond Period, the
amount of indemnity on each of such Employees being the amount stated in the Table of Limits of Liability applicable to this Insuring
Agreement 4.
GENERAL AGREEMENT
Loss Under Prior Bond
If the coverage of an Insuring Agreement of this Bond is substituted for any prior bond carried by the Insured or by any predecessor
in interest of the Insured which prior bond is terminated, canceled or allowed to expire as of the time of such substitution, the Surety agrees
that such Insuring Agreement applies to loss sustained by, or caused to, the Insured, as the case may be, prior to or during the Bond Period,
provided that such loss is discovered after the beginning of the Bond Period and prior to the expiration of three years from the cancelation
of this Bond as an entirety and that such loss would have been recoverable by the Insured or such predecessor under such prior bond except
for the fact that the time within which to bring suit, action or proceeding of any kind thereunder had expired, and provided further:
(1) the indemnity afforded by this General Agreement shall be a part of and not in addition to the amount of coverage afforded by the
- applicable Insuring Agreement of this Bond; and
(2) such loss would have been covered under such Insuring Agreement had such Insuring Agreement with its agreements, conditions
and limitations as of the time of such substitution been in force when the acts or defaults causing such loss were committed; and
(3) recovery under such Insuring Agreement on account of such loss shall in no event exceed the amount which would have been recover-
able under such Insuring Agreement in the amount for which it is written as of the time of such substitution, had such Insuring
Agreement been in force when such acts or defaults were committed, or the amount which would have been recoverable under such
prior bond had such prior bond continued in force until the discovery of such loss if the latter amount be smaller.
THE FOREGOING INSURING AGREEMENTS AND GENERAL AGREEMENT ARE SUBJECT
TO THE FOLLOWING CONDITIONS AND LIMITATIONS:
Definitions Unidentifiable Employee
SECTION 1. The following terms, as used in this Bond, shall have. SECTION 2. In case a loss is alleged to have been caused to the
the respective meanings stated in this Section: Insured through acts or defaults by an Employee covered under an
"Employee" as used in Insuring Agreements 1 and 2 means a applicable Insuring Agreement of this Bond, while such Insuring
person while in the employ of the Insured during the Bond Period Agreement is in full force and effect and the Insured shall be unable
who is not required by law to give bond conditioned for the faithful to designate the specific Employee causing such loss, the Insured
st ies and who is a member of the staff or per- shall nevertheless have the benefit of such insuring Agreement pro-
not mean any Treasurer or Tax Col- vided that the evidence submitted reasonably establihes that the
lc known. loss was in fact caused by such Employee through such acts or de-
,
c as used in Insuring Agreements 3 and 4 means a per- faults and provided, further, that regardless of the number of such
son while in the employ of the Insured during the Bond Period who Employees concerned or implicated in such loss, the aggregate lia-
is not required by law to furnish an Individual Bond to qualify for bility of the Surety for any such loss shall not exceed the amount
office and who is a member of the staff or personnel of the Insured stated in Item 4 of the Declarations applicable to such Insuring
but does not mean any Treasurer or Tax Collector by whatever title Agreement.
known.
PEBB - Page 2 of 4
•
RIDER 1
To be attached to and form part of Bond No 84 85 9O6
Obligee _.__________ ___ CITY OF COLLE:1E STATION
• EO.LL :::E ,TI.Q `:�.TF Y,A S
Insured
CITY OF C O L I_ E i E STATION
COLLEGE STATION, TEXAS
I t is agreed that: •
1
1. Additional indemnity, in accordance with the terms of such of the Insuring Agreements in force under the attached bond as are
I specifically designated opposite the following positions, respectively, is granted by this rider on Employees performing the duties of such
i positions, to the amount set opposite the names of such positions, respectively.
2. The liability of the Surety under this rider on account of any one Employee in any one or more of such positions (in the original or
an increased or decreased amount) shall not exceed the largest single amount of indemnity on any one position occupied by such Employee.
3. No losses shall be recoverable under this rider unless caused by an Employee who has been identified as having caused such loss,
anything to the contrary in said bond or this rider notwithstanding.
Total Number Amount of
Position Location Insuring of Employees Additional
Agreement in each Indemnity on
Position each Employee
)
i
1
DIRECTOR OF FINANCE COLLEGE STATION, IV 1 $7,500.00
i
TEXAS
i
i
j
I
•
•
•
4. This rider is effective as of January 31st, 1971
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST: BY (' •
,,,e,(2.44.••••• # Algot
Secretary
President
Countersigned by:._....._: " / ' `" `-'Z /...- ` ��
-✓ Authorised Representative
P198-5M, 3 -68 177798
Addition.1 Indemnity Rider —For use with Public Employees
Blanket Bond and Public School System Employee. Blanket Bond,
to provide additional indemnity coverage.
Revised to May, 1958.
(SR 5661)
ti
RIDER 2
To be attached to and form part of Bond No...1i:...51...9Q _.. _. _
Oblit;t�- — .._.._.._.— - -- QI�C. 'T([TIOIj_ -- _......_._ ._.._.._
College Station, Texas.....».._..... ....._._. » .................... - ----- .._... _ ,
Insured ......_...._.._._._.._._._._ —.._... » Q I `TX...QQ CQ.JtL i.CaT+ TATJ Q
Caleg.....S....on.,...- .oxaa _...._. __._...___
In consideration of certain premium adjustments, it is agreed that the Additional Indemnity Rider attached to and forming
part of the attached bond is hereby amended, effective on and after the date set opposite the designation of each position, respectively,
as hereinafter set forth:
1. By deleting therefrom the following:
Effective Insuring
ocat Number of Amount of Add
Date Position Location Agreement Employees ees in tional Indemnit
eac h Position on each Employee
2 - 10 - 72 DIRECTOR OF FINANCE College Station, IV 1 $7,500.00
Texas
•
2. By adding thereto the following:
Effective Insuring
ocat Number of Amount of Addi-
Date Position Lion Agreement Employees in tional Indemnity
each Position on each Employee
•
2 -10 -72 DIRECTOR OF FINANCE College Station, IV 1 $50,000.00
Texas
2 -10 -72 MANAGER College Station, IV 1 $50,000.00
�, Texas
i're • . ;it any amendment herein reduces the amount of additional indemnity on any Employee performing
the duties of aa)• t tue liability of the Surety under the applicable Insuring Agreement with respect to any loss through acts or
defaults of such Employee committed on or after the date set opposite the designation of such position or committed prior to the last
mentioned date and discovered after the expiration of three years from such last mentioned date shall not exceed the amount set forth
in paragraph numbered 2 hereof opposite the designation of such position; (b) in case any Employee, performing the duties of any position
added to said Additional Indemnity Rider by this rider, has been previously covered under the applicable Insuring Agreement of the
attached bond, liability on account of such Employee for acts or defaults committed during the period of such prior coverage, or during
each of the periods of such prior coverages, if more than one, and during the period of the coverage added to said Additional Indemnity
Rider by this rider, shall not be cumulative.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND .
ATTEST:
t ' Se& a ary � BY •
� �7 (id�..s.�..�... d e/V.
President
Countersigned ��jj( `--�- -r' —��
g ed by:_��!' �_
Authorized Representative
Accepted • CITY OF COLTEGE STATIO
P183-5M. 3 -68 177799
Changes in Additional Indemnity Rider —For use with Public
Employees Blanket Bond and Public School System Employees
Blanket Bond. to make changes in the additional indemnity rider. •
Revised to May, 1958.
(SR 5662)
NOTE To increase or decrease the number of Employees or the amount of Additional Indemnity under the Additional Indemnity Rider
insert the existing coverage in paragraph numbered 1 above and the new coverage in paragraph numberei 2 above.
If no entry is to be made in paragraph numbered 2, insert the word "None" in the Position Column thereof.
It G optional with the Surety to list on the reverse hereof a summary of all Additional Indemnity in force after the effective date
of this rider including all of above amendments.
(ovaa)
•
RIDER
To be attached to P EMPLOYEES BLANKET BONO 4 �; 9
Bond No. ....._...,
issued by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, in favor of . ____............_.._.. ».. ».._..
CITY OF COLLEGE STi \TION
COLLEGE ST'1TION, TEXAS
and dated the 3 1 s t day of January . 19 71
In consideration of the premium charged for the attached bond, it is understood and agreed as follows:
1. Anything in the attached bond to the contrary notwithstanding, proof of loss shall be given in accordance with sub - section
(a), as hereinafter set forth, and legal proceedings shall be commenced in accordance with sub - section (b), as hereinafter set forth:
(a) Filing of Claim: Within 100 days after discovery of loss under said bond by the insured
or, if a corporation, by any director thereof or by any officer thereof not in collusion with the person in default, the
insured shall furnish to the_.._- ._..... n de r4 r it e r
affirmative proof of Toss with full particulars in writing, including dates and items of loss, duly sworn to.
(b) Filing of Suit: Legal proceedings for recovery of loss under said bond shall not be brought after the expiration of 28
months after the cause of action shall have accrued.
2. The attached bond shall be subject to all its terms, agreements, limitations and conditions except as herein expressly
modified.
3. This rider shall become effective as of noon of the 3 1 5 t ._- —..day of January i9 71
Signed, sealed and dated this _. _ 1 St .__ of of January ., 19 71
•
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST: al,novz BY C •
Secretary President
•
Countersigned by. /t (-64. �- -- -�
g
Authorized Representative
F4683 -2500. 5 -70 185425
Te :a• hider —For use with all forms (except Texas Forms Nos. 1
to 6 Inclusive) of Fidelity. Blanket Fidelity. Financial Institution
or Forgery Bonds. Revised to March 1, 1946.
Instructions— Conform to the wording of the attached bond by
Inserting In each of the first two blank spaces In subdivision (a) of
paragraph 1 the proper designation— "Insured," "Obligee." "Em-
ployer" or "Assured " — whichever Is applicable.
Insert In the third blank space In subdivision (a) of paragraph 1 the
proper designation— "Surety." "Underwriter.' Company" OT "In-
surer" whichever Is applicable.
Revised to March 1. 1946.
SR 5015
. NATI ONAL BANK
C O L L E G E S T A T I O N . T E X A S • A F U L L S E R V I C E BANK •
JOE R. SAWYER
PRESIDENT
March 14, 1972
Mr. Ran Boswell
City Manager
City of College Station
College Station, Texas
Re: EDA Project No. 08 -1 -00959
Waste Water Treatment Plang and
Water System Improvements
College Station, Texas
Dear Mr. Boswell:
Please accept this letter as our commitment to provide interim
financing to the City of College Station, Texas, for the above
numbered project. We understand that the amount of the loan
will be 25 per cent of the project cost and agree to an annual
percentage rate of 4 per cent.
It is always a pleasure for this bank to be of service to you
and our City.
Yours very truly,
Joe R. Sawyer
President
JRS /jt
ON THE SIDE OF TEXAS A & "M
THE CITY OF COLLEGE STAT1 >'
1 1 1101 TEXAS AVENUE • 77840 I 1 TEXAS • 1
4
March 13, 1972
Mr. Hugh M. Farmer, P. E.
Chief, Technical Support Division
Economic Development Administration
702 Colorado Street
Austin, Texas 78701
Re: EDA Project No. 08 -1 -00959
Waste Water Treatment Plant and
Water System Improvements
College Station, Texas
Dear Mr. Farmer:
This is to advise you that the University National Bank of College Station,
Texas, has agreed to provide interim financing for the above numbered pro-
ject. The amount of the loan will be 25% of the project cost, with an annual
percentage rate of 4 %.
If any .other information is needed regarding this financing, please let
us know.
Sincerely,
Ran Boswell
City Manager
City of College Station, Texas
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U.S. DEPARTMENT OF COMMERCE
FORM ED-117 ECONOMIC DEVELOPMENT ADMINI ION
5 -6 -66
BID FOR TAMP SUM CONTRACTS
Place Col l pg# Sta ti nn , Texas
Date 4 - '7 7%z
Project No. 08 -1 -00959
Proposal of
R . B. BUTLER INC (hereinafter called
�
"Bidder'')* a corporation, organized and existing under the laws of the the
State of * a partnership, or an individual doing
business as
To the City of College Station, Texas
(hereinafter called "Owner")
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction
of a Contract A -
Waste Treatment ,Pl.ant,ImnrovemprIts
having examined the plans and specifications with related documents and the site
of the proposed work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability of materials
and labor, hereby proposes to furnish all labor, materials, and supplies, and to
construct the project in accordance with the Contract Documents, within the time
set forth therein, and at the prices stated below. These prices are to cover all
expenses incurred in performing the work required under the Contract Documents,
of which this proposal is a part.
Bidder hereby agrees to commence work under'this contract on or before a
date to be specified in written "Notice to Proceed" of the Owner and to fully
complete the project within 300 consecutive calendar days thereafter
as stipulated in the specifications. Bidder further agrees to pay as liquidated
damages, the sum of $ 100.00 for each consecutive calendar day thereafter as
hereinafter provided in Paragraph 19 of the General Conditions.
Bidder acknowledges receipt of the following addendum:
A/ / del /ec/ Fe G, // /?7Z
cta 7 e c/
•
* Insert corporation, partnership or individual as applicable.
•
US COMM -DC NOD{ -PS
-2-
BASE PROPOSAL: Bidder agrees to perform all of the
Waste Treatment Plant Improvements work
described in the specifications and shown on the plans for the sum of
See attached sheets ($ ) (Amount shall be shown
in both words and figures. In case of discrepancy, the amount shown in words
will govern.)
•
ALTERNATE PROPOSALS: •
Alternate No. 1:
Deduct the suxn of. ($ )
UNIT PRICES
For changing quantities of work items from those indicated by the contract
drawings upon written instructions from the architect /engineer, the following
unit prices shall prevail:
1. $,
2. $
3. $
The above unit prices shall include all labor, materials, bailing, shoring,
removal, overhead, profit, insurance, etc., to cover the finished work of the
several kinds called for. Changes shall be processed in accordance with para-
graph 17(a) of the General Conditions.
Bidder understands that the Owner reserves the right to reject any or all
bids and to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn
for a period of XOCcalendar days after the scheduled closing time for receiving
bids. 60 — days
Upon receipt of written notice of the acceptance of this bid, Bidder will.
execute the formal contract attached within 10 days and deliver a Surety Bond
or Bonds as required by Paragraph 29 of the General Conditions.
The bid security attached in the sum of
is to become the property of the O:'ner in the e'ent the contract and bond are
not executed within the time set forth, as liquidated damages for the delay
and additional expense to the Omer caused thereby.
Respectfully submitted:
/7
By � �� ��� [.� . , ,4-e P L
(SEAL - if bid is by a corporation) (Title) We C Pro S Lde' '1-
Pie tI ei JGi
(Business Address) '7'jBD
C3 r y -
a n r, K .�
The undersigned Bidder proposes to perform and complete the said work. within
the required time, and furnish all required quantities for the folic- "ina
prices (Amount shall be shown in script form and figures; the script amount
will govern) to wit:
Item No. of Item and Unit Price (Fill Total
No. Units Units in both Script and Figures) Amount
PA.1 1 Lump Sum For furnishing all material,
labor ^.rid equipment for the
construction of Waste Treatment: Plant
Improvements including all
excavation, grading, structures,
yard piping, equipment, pumps,
motors, and electrical, all complete
in place as shown on the plans and
described herein, for the lump sum of
✓` i JC /CJNQ.�GU % -, /.0 7 i r i - c %Nt'(' "
7/1 Z.! s -477 Dollars
/L,/n Cents
($ C E 5, 3 o c; . `=9, Per lump sum $ e, 3 ?icy',
�c
In accordance with Rule No. 9 of the State of Texas Comptroller of Public Accounts,
the estimated cost of materials to be used in the performance of this Contract
which will be exempt from payment of sales tax is $ 4 ? -� �' r �'
DEDUCTIVE ALTERNATE NO. 1 (LUMP SUM)
For deducting from lump sum bid PA.1 the
clarifier mechanism for the 85 foot diameter storm
water clarifier, including the drive, access bridge,
drive cage and collector arms, influent well center
pier, and starter.
The space for the starter shall remain in
the cubicle. The inboard effluent trough located as
shown on the drawings shall not be deleted.
Furnish anchor bolts for future center pier
and 30 inch 0.D. stub center pier up to elevation 236.0
fabricated from 3/16 inch steel plate.
Deduct the lump sum amount of $ 1 :? (,.
DEDUCTIVE ALTERNATE NO. 2 (LUMP SUM)
For deducting from lump sum bid PA.1 the
filter media all as specified and required by
Section X18.2
Deduct the lump sum amount of $ 1 0
DEDUCTIVE ALTERNATE NO. 3 (LUMP SUM),
For deducting from the lump sum bid PA. 1
the rotary distributor all as specified and required
by Section X18.3 thru X18.9 inclusive
Deduct the lump sum amount of $ 9 7 3 ) r
•
FORM ED -119 OMB No. 41 -R2433
(REV. 12 -711 Approval Expires August 31, 1973
II.S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
•
GENERAL
In accordance with Executive Order 11246 (30 F.R. 12319 -25), the implementing rules and regulations thereof, and
orders of the Secretary of Labor, a Certification regarding Equal Opportunity is required of bidders or prospective
contractors and their proposed subcontractors prior to the. award of contracts or subcontracts.
CERTIFICATION OF BIDDER
Bidder's Name
R , B. BUTLER, INC.
Address �a 3 �a /E) B ry Af7 z r P x
Internal Revenue Service Employer Identification Number
1. Participation in a previous contract or subcontract.
a. Bidder has participated in a previous contract or subcontract subject to the Equal
Opportunity Clause [P Yes Q No
b. Compliance reports were required to be filed in connection with such contract
or subcontract Res n No
c. Bidder has filed all compliance reports required by Executive Orders 10925, 11114,
11246 or by regulations of the Equal Employment Opportunity Commission issued
pursuant to Title VII of the Civil Rights !` ct of 1964 . .. ... .. ... • j2es No
d. If answer to item c is "No," please explain in detail on reverse side of this certification.
2. Dollar amount of bid $
3. Anticipated performance period � days.
4. Expected total number of employees who will perform the proposed construction
5. Nonsegregated facilities
a. Notice to Prospective Federally- Assisted Construction Contractors
(1) A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19,
1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted to the recipient
prior to the award of a federally- assisted construction contract exceeding $10,000 which is not exempt from
the provisions of the Equal Opportunity clause.
(2) Contractors receiving federally - assisted construction contract awards exceeding $10,000 which are not
exempt from the provisions of the Equal Opportunity clause will be required to provide for the forv-nrding
of the following notice to prospective subcontractors for supplies and construction contracts where the
subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause:
USCOMM -DC 59880•P72
b. Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities
(1) A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19,
1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the
award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity
clause.
•
(2) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of
the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective
subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not
exempt from the provisions of the Equal Opportunity clause.
c. Certification of Nonsegregated facilities
The federally- assisted construction contractor certifies that he does not maintain or provide for his employees
any segregated facilities at any of his establishments, and that he does not permit his employees to perform
their services at any location, under his control, where segregated facilities are maintained. The federally -
assisted construction contractor certifies further that he will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he will not permit his employees to perform their
services at any location, under his control, where segregated facilities are maintained. The federally -
assisted construction contractor agrees that a breach of this certification is a violation of the Equal Oppor-
tunity clause in this contract. As used in this certification, the term "segregated facilities" means any wait-
ing rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which are segregated by explicit directive or
are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or
otherwise. The federally - assisted construction contractor agrees that (except where he has obtained identical
certifications from proposed subcontractors for specific time periods) he will obtain identical certifications in
duplicate from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not ex-
empt from the provisions of the Equal Opportunity clause, and that he will retain the duplicate of such certifi-
cations in his files. The contractor will include the original' in his Bid Package.
6. Race or ethnic group designation of bidder. Enter race or ethnic group in the appropriate box:
[] Negro [] Spanish American [] Oriental [] American Indian
[] Eskimo [] Aleut [lr White (other than Spanish American)
REMARKS:
Certification - The information above is true and complete to the best of my knowledge and belief.
6 Lip Pi 7 ///1/ ! / 14; c c' es /chef -If'
Name and title of signtt (Please type)
rJ c �i
em / , L€ e 4 -- -
Signature Date
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
u8COMM -OC 593110.P72 FORM ED•119 (REV. 12.71)
FORM ED -121 U.S. DEPARTMENT OF COMMERCE Budget Bureau Approval
12 -701 ECONOMIC DEVELOPMENT ADMINISTRATION Not Requited
RID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
R. B. Butler, Inc. as Principal, and
St. Paul Fire and Marine Insurance Company as Surety , are hereby
held and firmly bound unto City of Cp1 lAgp StAti nn, Te ri s as Owner
in the penal sum of 5% of the Bid
for the payment of which, well and truly to be made, we hereby jointly and severally bind our-
selves, our heirs, executors, administrators, successors and. assigns.
Signed, this 27th. day of April , 1972.
The Condition of the above obligation is such that whereas the Principal has submitted to
City of College Station, Texas a certain Bid,
attached hereto and hereby made a part hereof to enter into a contract in writing, for the
Contract A, waste treatment plant
•
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in
the Form of Contract attached hereto (properly completed in accordance with said Bid)
and shall furnish a bond for his faithful performance of said contract, and for the pay-
ment of all persons performing labor or furnishing materials in connection therewith,and
shall in all other respects perform the agreement created by the acceptance of said Bid,
then this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder
shall, in no event, exceed the penal amount of this obligation as herein stated.
(More) USCOMM -DC 2e471.P70
(2)
The Surety, for value received, hereby stipulated and agrees that the obligations of said Surety
and its bond shall be in no way impaired or affected by any extension of the time within which the
Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,
and such of them as are corporations have caused their corporate seals to be hereto affixed and
these presents to be signed by their proper officers, the day and year first set forth above.
R. B. BUTLER, INC.
BY: ri v 74- -e ✓i: e i(- lenAL.S.)
Principal
ST. PAUL FIRE AND MARINE IfSURANC;F 0 PANY
Surety
By:
✓/�l� +� /� . rl�f .��� —sue �`
ATTOR Y -IN -FACT
GEORGE K. MALLARD
IMPORTANT - Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where
the project is located.
FORM ED-121 (2.70) USCOMM•DC 28471•R70
�r+M '0.138 Budget Bureau No. 41 -R2479
is- 17 -s91 Approval Expires February 28, 1972
U.S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
BID FOR UNIT PRICE CONTRACTS
Place College Station, Texas
Date
Project No. 08 -1 -00959
W.B.F. CONSTRUCTION CO., INC.
Proposal of (hereinafter
called "Bidder "), organized and existing under the laws of the State of, 4./3./
doing business as C��'.� A *•'
To the City of College Station, Texas
(hereinafter called "Owner ")
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
Contract R - Water Lines
having examined the plans and specifications with related documents and the site of the proposed
work, and being familiar with all of the conditions surrounding the construction of the proposed
project including the availability of materials and labor, hereby proposes to furnish all labor,
materials, and supplies, and to construct the project in accordance with the contract documents,
within the time set forth therein, and at the prices stated below. These prices are to cover all
expenses incurred in performing the work required under the contract documents, of which this
proposal is a part.
Bidder hereby agrees to commence work under this contract on or before a date to be
specified in written "Notice to Proceed" of the Owner and to fully complete the project within
180 consecutive calendar days thereafter as stipulated in the specifications.
Bidder further agrees to pay as liquidated damages, the sum of $__60,(Q for each
consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General
Conditions.
Bidder acknowledges receipt of the following addendum:
t.41-1
*Insert "a corporation ", "a partnership ", or "an individual" as applicable.
u5COMM -DC 2 )eo5•PPG
- 2 -
Bidder agrees to perform all the Water Line work
described in the specifications and shown on the plans, for the following unit prices:
Item Est. Unit Price
No. Qty. Description (Each) Total
1 See attached sheets
Dollars and Dollars and
Cents Cents
($ ) ($ )
2
Dollars and Dollars and
Cents Cents
($ ) ($
3
Dollars and Dollars and
Cents • Cents
(� )
(8 )
TOTAL OF BID $
(Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown
in words will govern.)
The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead,
profit, insurance, etc., to cover the finished work of the several kinds called for.
Bidder understands that the Owner reserves the right to reject any or all bids.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 cal-
endar days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal con-
tract attached within 10 days and deliver a Surety Bond or Bonds as requited tzy Paragra of_the,
General Conditions. The bid security attached in the sum of jr'
$ is to become the property of the Owner in the event
the contract and bond are not executed within the time above set forth, as liquidated damages for the
delay and additional expense to the Owner caused thereby.
W.B.F. CONSTRUCTION CO., INC
Respectfully submitted: P. O. Box 29070
DALLAS, TEXAS 7 24
By . %r/
(Title)
(SEAL - if bid is by a corporation) (Business Address)
FORM ED -116 (3- 17 -69) U$COMM•OC 200064P09
The undersigned Bidder proposes to perform and complete the said work within
the required time, and furnish all required quantities for the following
prices (Amount shall be shown in script form and figures; the script amount
will govern) to wit:
Item No. of Item and Unit Price (Fill Total
No. Units Units in both Script and Figures) Amount
P.B. 1 43944 L.F. For furnishing and installing
eighteen (18 ") inch Class 200/1
Ductile Iron Pipe including
trenching, bedding, backfill,
water jetting, sterilizing, testing,
8 mil polyethelene wrap and final
cleanup, complete in place,
the sum of
Dollars
- �� _ Cents -=-
���� ($ // l� ), Per linear foot $ : _ , 4zc
P.B. 2 $. L.F. For furnishing and installing
twelve (12 ") inch Class 200/21
Cast Iron Pipe including trenching,
bedding, backfill, water jetting,
sterilizing, testing, 8 mil
polyethelene wrap and final cleanup,
complete in place, the sum of
Dollars
Cents �� a
($ / = ), Per linear foot $
P.B. 3 40 L.F. For furnishing and installing
eight (8 ") inch Class 200/21
Cast Iron Pipe including trenching,
bedding, backfill, water jetting,
sterilizing, testing, 8 mil
polyethelene wrap and final cleanup,
complete in place, the sum of
Dollars
Cents C �h,_ .
(I ) Per linear foot 7 !/
- PB-1 -
Item No, of Item and Unit Price (Fill Total
No, Units Units in both Script and Figures) Amount
P.B. 4 : 3 Eaci Furnish and install 18 inch
Gate Valve with mechanical joint
or slip joint ends concrete slab
and 5 foot diameter manhole,
:� complete in place, the sum of
ti l
, d,, ' Y / - -,- ' . Dollars
L�- -----
Cents
b-
( . A,/ ,4�.�� ,':=), Per Each 5 (j,
P.B. 5 .z Each Furnish and install 12 inch
Gate Valve with mechanical joint
or slip joint ends, and valve box,
complete in place, the sum of
✓ '�'�, ,,. -� , ' - .- x r : ,( -- Dollars
Cents / / el r
( l 7 `O ), Per Each $ � f 7 t l
4 P.B. 6 = Each Furnish and install 8 inch
Gate Valve with mechanical joint
or slip joint ends, and valve box,
•
complete in place, the sum of
'"-1 , , Y..;. ._.../ 1 }:// Doll
AA,
Cents
/0 ($ / 7 v.- f_2 ), Per Each $ 7 (3c%
P.B. 7 7', Tons For furnishing and installing
Cast Iron Fittings, complete in •
place, the / -sum of
. '`. - , 7 /1- /-i - r ! 1,,• f r ! Dollars
.
/1,
Cents
c7O
/O
($ '' E" 0 �) Per Ton $ e l» n --
P.B. 8 , Each For furnishing and installing
Fire Hydrant including special anchor
pipes, 6 inch gate valve with valve bore'
and drain gravel, complete in place,
the sum of
d —r �,— r. c 1�- �. � . i' -L Dollars
/` 10 , _ Cents �/ 6 es
I (0 2 0 C , Per Each ?1 ��� 3 n
- PB-2 -
I
I
•
Item No. of Item and Unit Price (Fill Total
No. Units Units in both Script and Figures) Amount
P.B. 9 Each For completing Wet Connections
as shown on the plans,
the / sum of
• -'1ic' =d` �r.;, jC'� r�V'' 7 � Dollars
Cents 4 C
($ /17 J e', `'-= ), Per Each $ 72%.?
•
P.B. 10 70 L. F, ' For furnishing and installing
• 30 inch reinforced Concrete Pipe
Class IV in boring, complete in
place, the sum of
j' Dollars
•
A's, Cents n
($' ' '', ), Per linear foot $ 7 n
P.B. 70 L.F. For furnishing and installing
30 inch reinforced Concrete Pipe
• Class IV in open cut, complete
in place, the sum of
Dollars
Cents a r,
( j 0- ), Per linear foot $ Z
. 7'j
P.B. 12 _40-. ea. Furnish and install Class C
Concrete Encasement, complete in
• place per table on appurtenance sheet,
the sum of
{
Dollars
. Cents v p
($ '.;)� Per cubic yard $ / R l �,
PS-3 -
Item No. of Item and Unit Price (Fill Total
No. Units Units in both Script and Figures) Amount
P.B. 13 300 C.Y, For furnishing and installing
Class A gravel or crushed
stone for Type 4 granular
Embedment to stabilize ditch,
complete in place,
the sum of
Aollars
Cents C e
( 3 , o o ), Per cubic yard $ � (
Total Amount Bid - Proposal "B"
Items P.B.1 thru P.B.13 incl. $ j `
In accordance with Rule 9 of State Comptroller of Public Accounts, the estimated
cost of materials to be used in t contract which ,x.11 be exempt from the
. payment of sales tax, is $ ��'' �Y /��.� zsnn,
PB.4
ADDENDUM NO. 1
11 February, 1972
EDIT PROJECT NO. 06 -1- CO 59
CITY OF COLLF,GE STATION. TEXAS
CONTRACT A - Waste Treatment Plant Improvements
CONTRACT B - Water Lines
Riewe & Wischmeyer, Inc.
Dallas, Texas
1) Reference Specifications: Section X16.3 Flow Receiver Page X -39.
Delete: reference to chart speed as weekly.
Add: Chart speed shall be daily.
2) Reference Specifications: Form ED-116 Information for Bidders. Paragraph 1.
Delete: reference to "withdraw bid within 30 days."
Change to read: "No bidder may withdraw a bid within 60 days after the
actual date of the opening thereof."
3) Reference Specifications: Form ED-118 Page 2 of Bid for Unit Price
Contracts.
Delete: reference to " 30 days for withdrawing bids."
Change to read: "The bidder agrees that his bid shall be good and may not be
withdrawn for a period of 60 calendar days after the scheduled closing time
for receiving bids."
4) Reference Specifications: Section H Page H -2 paragraph H.6 Photographs.
Delete: entire paragraph.
5) Reference Specifications: Section XX Electrical.
add or equal to the following equipment paragraphs; 8.a, 13.g, 13.h,
and 15.a.
6) Reference Proposal P.B.; the following changes and additions shall be made
to the proposal as follows:
Item No.
P.B. 1 Delete: 160 L.F. of 18" D.I.P. making bid item read: 8140 L.F.
P.B. 2 Add: 200 L.F. of 12" C.I.P. making bid item read: 6400 L.F.
P.B. 5 Add: 1 Each 12" Gate Valve making bid item read: 5 Each.
- A-1 -
Item No.
P.B. 6 Add: 2 Each 8" Gate Valves - making bid item read: 4 Each
P.B. 7 Add: 3 Tons Fittings - making bid item read: 10 Tons
P.B. 8 Delete: 1 Each Fire Hydrant - making bid item read: 10 Each
P.B. 9 Add: 2 Each Wet Connections - making bid item read: 6 Each
P.B. 12 Add: 35 C.Y. Concrete Encasement- making bid item read; 7; C.Y.
P.B. 14 Add Bid Item P.B.14 as follows:
140 L.F. For furnishing and installing
21 inch reinforced Concrete Pipe,
Class IV in boring,
complete in place, the aam of
,;4. —el .-i- , -t- Dollars
/10 Cents , 6 c
($ c% ), Per L.F. $ LJ-)0,
Add DEDUCTIVE ALTERNATE NO. 1
For deducting
4260 L.F. of 12" C.I.P. in Waldo Road
and F M Hwy 2154 the amount
.i + ,f
of , Per L. F.
c.
( Total Amount $ ; 4S'. )
The Bidder shall acknowledge receipt of this Addendum No. 1 consisting of
two (2) \ pages.
Wi11 J. Wischmeyer, .E.
- A-2 -
•
FORM ED -119 OMB No. 41 -R2433
(REV. 12.71)
Approval Expires August 31, 1973
U.S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
GENERAL
In accordance with Executive Order 11246 (30 F.R. 12319 -25), the implementing rules and regulations thereof, and
orders of the Secretary of Labor, a Certification regarding Equal Opportunity is required of bidders or prospective
contractors and their proposed subcontractors prior to the. award of contracts or subcontracts.
CERTIFICATION OF BIDDER
W.B.F. CONSTRUCTION CO., INC.
Bidder's Name P. O. BOX 29070
Address DALLAS, TEXAS 75220
9
Internal Revenue Service Employer Identification Number 7 o^ - / r 71 7 8' 7
i .
•
1. Participation in a previous contract or subcontract.
a. Bidder has participated in a previous contract or subcontract subject to the Equal
Opportunity Clause [] Yes L
b. Compliance reports were required to be filed in connection with such contract
or subcontract [] Yes Ei -
0
c. Bidder has filed all compliance reports required by Executive Orders 10925, 11114,
11246 or by regulations of the Equal Employment Opportunity Commission issued "i
I I
pursuant to Title VII of the Civil Rights 1' of 1964.
d. If answer to item c is ' i ,�Jo," please explain in detail on reverse side of this certification. I
ll. / (
2. Dollar amount of bid $ ill
/ O Q
3. Anticipated performance period / e' days.
4. Expected total number of employees who will perform the proposed construction /
5. Nonsegregated facilities
a. Notice to Prospective Eederally- Assisted Construction Contractors
(1) A Certification of Nonsegregated Facilities, as required by the May 9, 1967,. order (32 F.R. 7439, May 19,
1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted to the recipient
prior to the award of a federally- assisted construction contract exceeding $10,000 which is not exempt from
the provisions of the Equal Opportunity clause.
(2) Contractors receiving federally- assisted construction contract awards exceeding $10,000 which are not
exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding
of the following notice to prospective subcontractors for supplies and construction contracts where the
subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause:
USCOMM -DC 59380 -P72
b. Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities
(1) A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19,
1967) on T.:Iimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the
award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity
clause.
(2) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of
the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective
subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not
exempt from the provisions of the Equal Opportunity clause.
c. Certification of Nonsegregated facilities
The federally- assisted construction contractor certifies that he does not maintain or provide for his employees
any segregated facilities at any of his establishments, and that he does not permit his employees to perform
their services at any location, under his control, where segregated facilities are maintained. The federally-
assisted construction contractor certifies further that he will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he will not permit his employees to perform their
services at any location, under his control, where segregated facilities are maintained. The federally -
assisted construction contractor agrees that a breach of this certification is a violation of the Equal Oppor-
tunity clause in this contract. As used in this certification, the term "segregated facilities" means any wait-
ing rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which are segregated by explicit directive or
are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or
otherwise. The federally - assisted construction contractor agrees that (except where he has obtained identical
certifications from proposed subcontractors for specific time periods) he will obtain identical certifications in
duplicate from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not ex-
empt from the provisions of the Equal Opportunity clause, and that he will retain the duplicate of such certifi-
cations in his files. The contractor will include the originar in his Bid Package.
6. Ruce oo ethnic group designation of bidder. Enter race or ethnic group in the appropriate box:
[_'Negro [2'Spanish American [] Oriental [] American Indian
[] Eskimo [] Aleut [iite (other than Spanish American)
REMARKS:
Certification - The information above is true and complete to the best of my knowledge and belief.
•
W 0. F
Name and title of signer (Please type) •
,' 7;1_7,71_1) / t77 - 7 02
Signature Date
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. •
FORM ED-119 (REV. 12•711
U3COMM•DC 692e0 -p72
FORM ED -121 U.S. DEPARTMENT OF COMMERCE Budget Bureau Approval
(2 -70) ECONOMIC DEVELOPMENT ADMINISTRATION Not Required
BID BON!)
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
W. B. F. Construction Company, Inc. as Principal, end
The Travelers Indemnity Company as Surety , are hereby
held and firmly bound unto The City of College Station, Texzs as Owner
in the penal sum of ---Five Percent (5 %) of the greatest amount bid in Dollars
for the payment of which, well and truly to be made, we hereby jointly and severally bind our-
selves, our heirs, executors, administrators, successors and assigns.
Signed, this 27th day of April , 1 2
The Condition of the above obligation is such that whereas the Principal has submitted to
The City of College Station, Texas a certain Bid,
attached hereto and hereby made a part hereof to enter into a contract in writing, for the
construction of Water Lines — Cont. B
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in
the Form of Contract attached hereto (properly completed in accordance with said Bid)
and shall furnish a bond for his faithful performance of said contract, and for the pay-
ment of all persons performing labor or furnishing materials in connection therewith,and
shall in all other respects perform the agreement created by the acceptance of said Bid,
then this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder
shall, in no event, exceed the penal amount of this obligation as herein stated.
(More) USCOMM -DC 26471 -P70
1
(2)
The Surety, for value received, hereby stipulated and agrees that the obligations of said Surety
and its bond shall be in no way impaired or affected by any extension of the time within which the
Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.
LN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,
and such of them as are corporations have caused their corporate seals to be hereto affixed and
these presents to be signed by their proper officers, the day and year first set forth above.
W. B. F. Construction Company, Inc..
by: , � . � ; f ' • - - t 1 . /� ✓• `' - ��J (A' - (L.S.) •
Principal
The Travelers Indemnity Company
Surety
By:
Charles L. Shaw, III, Attorney — in — Fact
IMPORTANT - Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where
the project is located.
FORM ED-(2) (2 -70) USCOMM•DC 28471 -P70
•
GORDON FULCHER TEXAS � E QUALITY �iw BOARD JAMES U. CROSS
CHAIRMAN I
LESTER CLARK
J. E. PEAVY, MD
VICE - CHAIRMAN • 'ft
ed' n � BYRON TUNNELL
J. DOUG TOOLE � M > . HUGH C. YANTIS, JR.
• HARRY P. BURLEIGH WWW EXECUTIVE DIRECTOR
PH. 475-2651
A.C. 512
314 WEST 11TH STREET 78701
P.O. BOX 13246 CAPITOL STATION 78711
AUSTIN. TEXAS
July 12, 1972
TO: Parties interested in the application of CITY OF COLLEGE STATION
AMEND WASTE CONTROL ORDER
NO. 10024
Gentlemen:
The enclosed Hearing Commission Report will be presented to the Texas
Water Quality Board at 9:00 a.m. on July 26, 1972 at the Sheraton Crest
Inn, Madrid - Granada Rooms, 1st Floor, 111 East 1st Street, Austin, Texas.
In order that the Board may render a final decision that takes into
account review and research by the Board's staff, the Board will generally
receive only testimony concerning matters that were presented at the
hearing conducted by the Board's staff. Testimony will be admissible
to point out deficiencies or omissions in the hearing report, statements
made in clarification of the report findings, or changes which have
occurred since the original hearing. The Board may, in its discretion,
also permit oral arguments on issues not raised at the previous hearing,
but persons who make requests to present new material should be prepared
to show that the delay in bringing forward the new information was not
their fault.
We request that written exceptions and written requests to be heard at
the Board Meeting be transmitted to the Board's staff at least three (3)
,days prior to the Board Meeting. If the request to speak or the written
exceptions are in the nature of protest to the issuance of a waste control
order, out of fairness to the applicant, the person making the protest
should furnish a copy of it to the applicant at least three (3) days
prior to the Board Meeting.
Ver ly yours,
cc. Office of the Attorney General
4 State Health Department
Jai -- Showen, Director Air Control Board
H- ings and Enforcement Texas Water Development Board
Parks and Wildlife Department
EIR:tt TWQB District No. 3 s
• T
HEARING COMMISSION REPORT
SYNOPSIS
•
I. Applicant
A. Name: City of College Station
B. Address: P. O. Box 9960
College Station, Texas 77840
II. Discharge
A. Volume: Not to exceed an average of 2,000,000 gallons per day.
B. Type: Treated municipal sewage effluent.
C. Course: Into Carters Creek, thence into the Navasota River,
thence into the Brazos River.
III. Hearing
A. Date: May 31, 1972
B. Location: Austin, Texas
C. Hearing Commission: J. Randel Hill, Presiding Officer
Merton J. Coloton, Industrial Services
D. Appearances:
1) Proponents: Mr. George R. Ford
•
Mr. Bennie H. Luedke
Mr. William J. Wischmeyer
2) Opponents: None
IV. Findi._nas
A. The proposed additional sewage treatment facilities will
provide improved treatment over that being provided by
the presently overloaded system.
B. As evidenced by approval of plans and specifications by
the Texas State Department of Health, the proposed sewage
treatment facilities are capable of conforming to the terms
and conditions of the Proposed Waste Control Order.
V. Recommendations
A. Waste Control Order Granted: Yes
B. Effective Date of Board Action: July 26, 1972
C. Status: Final approval
SUMMARY OF THE EVIDENCE
The City of College Station has applied for an amendment to its exist-
ing waste control order for an average discharge of 2,000,000 gallons
per day of treated domestic sewage from its proposed expanded munici-
pal sewage treatment plant. The effluent will flow into Carters
Creek and thence into the Navasota and Brazos Rivers. A public hear-
ing concerning this application was held on May 31, 1972 in Austin,
Texas. Mailed and published notice, both timely, preceded the hearing. •
1
r
Hearing Commission Report
City of College Station
Page 2
In order to provide for expansion, the city proposes to add a contact
stabilization type sewage treatment plant with a design flow capacity.
of 1,500,000 gallons per day to its existing facility. The existing
trickling filter plant has a 500,000 gallon per day design capacity.
Plans and specifications for the project have been approved by the
Texas State Department of Health, and federal funding will be pro-
vided through the Economic Development Agency.
The Texas Water Development Board and the Texas Parks and Wildlife
Department have expressed no objection to the application, which has
been unprotested. In view of the evidence, the Hearing Commission
recommends that the Texas Water Quality Board grant final approval
to the application for amendment to Waste Control Order No. 10024.
EDR:tt
J. andel Hill, Presiding Officer
•
Merton J. Coloton, Industrial Services
July 6, 1972
•
1
PROPOSED WASTE CONTROL ORDER 41976
Page 1. Except as specified in the Special Provisions herein, this amend-
. ment supersedes and replaces Page 1 (issued October 31, 1962) of Waste
Control Order No. 10024.
• NAME: City of College Station
ADDRESS: P. 0. Box 9960
CITY: College Station, Texas 77840
TYPE OF WASTE CONTROL ORDER: Amendment to Waste Control Order No. 10024
NATURE OF BUSINESS PRODUCING WASTE: Municipal Sewerage System
GENERAL DESCRIPTION AND LOCATION OF WASTE DISPOSAL SYSTEM:
Description: A sewage treatment plant consisting of lift station,
bar screen, and grit chamber. The flow is split to
a trickling filter plant and contact stabilization
plant (design flows of 0.5 mgd and 1.5 mgd respectively).
The trickling filter plant consists of lift station,
two spiragesters in parallel, standard rate trickling
filter, final clarifier, and sludge drying beds. The
contact stabilization plant consists of aeration tanks,
clarifier, aerobic digester, and sludge drying beds.
The flows recombine and pass through a flow meter and
chlorine detention tanks. The chlorine detention tank
also receives excess storm flows for clarification and
chlorination prior to discharge.
Location: Located adjacent to Carters Creek approximately one (1)
mile east of the City of College Station, Brazos County,
Texas and as shown on the maps submitted with the
application.
CONDITIONS OF THE WASTE CONTROL ORDER:
Character: Treated municipal sewage effluent
Volume: Not to exceed an average of 2,000,000 gallons per day
Not to exceed a maximum of 4,000,000 gallons per day
Not to exceed a maximum of 3,500 gallons per minute
Quality: NOT TO EXCEED
Monthly 24 -hour Daily Individual
Item Average Composite Sample
B.O.D. 20 mg /1 25 mg /1 30 mg /1
Total Suspended Solids 20 mg /1 25 mg /1 30 mg /1
. A chlorine residual of not less than 1.0 mg /1 shall be maintained after
at least a 20- minute detention time (based on peak flow).
•
• Proposed Waste Control Order - Page 2
City of College Station
Point of Discharge: An outlet from a 30 inch pipeline into Carters
Creek in Brazos County, Texas; thence to the Navasota River;
thence to the Brazos River in the Brazos River Basin.
• SPECIAL PROVISIONS:
This order is granted subject to the policy of the Board to encourage
the development of area -wide waste collection, treatment and disposal
systems, The Board reserves the right to amend this order in accordance
with applicable procedural requirements to require the system covered
by this order to be integrated into an area -wide system, should such
be developed; to require the delivery of the wastes authorized to be
collected in, treated by or discharged from said system, to such area -
wide system; or to amend this order in any other particular to
effectuate the Board's policy, Such amendments may be made when, in
the judgment of the Board, the changes required thereby are advisable
for water quality control purposes and are feasible on the basis of
waste treatment technology, engineering, financial, and related con-
siderations existing at the time the changes are required, exclusive
of the loss of investment in or revenues from any then existing or
proposed waste collection, treatment or disposal system_
These public sewerage facilities shall be operated and maintained by a
sewage plant operator holding a valid certificate of competency issued
under the direction of the Texas State Health Department as required by
Section 20 (a) of Article 4477 -1, Vernon's Texas Civil Statutes,
Operation and maintenance of the facilities described by this waste
control order shall be in accordance with accepted practices for this
type of waste treatment facility and shall include related maintenance
such as painting, proper disposal of solid waste, and weed and grass
cutting.
The order holder shall comply with the provisions of Board Order No. 69- 1219 -1
relative to monitoring and reporting data on effluent described in "Conditions
of the Waste Control Order ".
The control order holder shall comply with the conditions of Page 1
of Waste Control Order No. 10024 (effective October 31, 1962) until the
facilities described by this amendment have been completed. The estimated
completion date for the facilities described by this waste control order
is April 1, 1973.
The order holder shall immediately notify the Austin office and the District
office of the Board in writing upon completion of the facilities described
by this waste control order.
This waste control order becomes effective upon date of Board approval and
is valid until amended, cancelled or revoked by the Board.
MJC :sc
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August 17, 1972
Mr. Nicholas °v. Classen, P. E.
Municipal Services
314 West 11th Street
Austin, Texas 78701
Re: College Station, Texas
WPC- Tex -1003
Dear Mr. Classen:
In response to your letter to Mr. Ran Boswell, dated August 9, 1972, please
see enclosed map, as per your request.
If additional information is required, please let us know.
Sincerely,
George R. Ford
City Engineer
GRF/nr
Enclosure
cc: Ran Boswell ✓
Riewe & Vvischmeyer, Inc.
Kiewe & Widcitme yer, HC. CONSULTING ENGINEERS
8527 FERNDALE ROAD • DALLAS,TEXAS 75238 2141348 -3255
E. M. RIEWE
W . WISCHMEYER 2 May, 1972
Mr. John Marino, Project Engineer
Economic Development Administration
702 Colorado Street,
Austin, Texas 78701
Re: EDA Project No. 08 -1 -00959
College Station, Texas
Dear Mr. Marino:
To support the proposed award of contracts for subject project we
submit the following:
1) Proof of bidders' qualifications
2) Proof of Publication
3) Tabulation of bids with letter of
recommendation from engineer
4) Proposal of low bidders
Very truly yours,
W. J. Wischmeyer, P.E.
WJW /cj
ENC: