WQCS00370_NOV-2022-PC-0639 Response - VUR-W-ARP-0017 CS370698-01_ELO_20221116

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER INFRASTRUCTURE
JUN 2 1 2J22
By
Funding Offer and Acceptance
Legal Name and Address of Award Recipient
Town of Sharpsburg
PO Box 1759
Sharpsburg. North Carolina 27878
Funding Program
Project Number:
CFDA Number:
VUR-W-ARP-0017
C5370698-01
SRF 66.458/ ARP 21.027
Drinking Water
Wastewater
Additional Amount for
Funding Increases
Previous Total
Total Offered
State Revolving Fund (SRF)
State Reserve Loan (SRP)
State Reserve Grant (SRP)
State Grant Appropriation (SAP)
American Rescue Plan Act (ARPA)
Project Description:
2019 Sanitary Sewer Improvements
$500,000
Total Financial Assistance Offer:
Total Project Cost:
Estimated Closing Fee*:
For Loans
Principal Forgiveness:
$ 2,129, 084
$2,629,084
$2,629,084
$10,000
$500,000
*Estimated closing fee calculated based on grant and loan amount.
Pursuant to North Carolina General Statute 159G:
• The applicant is eligible under Federal and State law,
• The project is eligible under Federal and State law, and
• The project has been approved by the Department of Environmental Quality as having sufficient priority to receive
financial assistance,
The Department of Environmental Quality, acting on behalf of the State of North Carolina, hereby offers the financial
assistance described in this document.
For The State of North Carolina: Shadi Eskaf, Director, Division of Water Infrastructure
North Carolina Department of Environmental Quality
On Behalf of:
Name of Representative in Resolution:
Title (Type or Print):
Town of Sharpsburg
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NA Gay —
I, the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF
AUTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this Financial Award Offer and will comply
with the A an es ante Standard Conditions.

AMERICAN RESCUE PLAN ACT (ARPA) STANDARD CONDITIONS
1. Acceptance of this Funding Offer does not exempt the Recipient from complying with requirements stated in the
U.S. Treasury's Final Rule for the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) and the SLFRF
Compliance and Reporting Guidance not explicitly referred to in this document and any future requirements
implemented by the U.S Treasury.
2. Acquisition of Real Property must comply with all applicable provisions of the Uniform Relocation and Real
Property Acquisition Policies Act of 1970 (PL 92-646), as amended. The applicant shall certify that it has or will
have a fee simple or such other estate or interest in the site of the project, including necessary easements and
rights -of -way, to assure undisturbed use and possession for the purpose of construction and operation for the
estimated life of the project using a certification form provided by DEQ.
3. Specific MBE/WBE (DBE) forms and instructions are provided that are to be included in the contract
specifications. These forms will assist with documenting positive efforts made by recipients, their consultants
and contractors to utilize disadvantaged businesses enterprises. Such efforts should allow DBEs the maximum
feasible opportunity to compete for subagreements and subcontracts to be performed. Documentation of
efforts made to utilize DBE firms must be maintained by all recipients, and construction contractors, and made
available upon request.
4. Subrecipients shall fully comply with Subpart C of 2 CFR Part 180 entitled, "Responsibilities of Participants
Regarding Transactions Doing Business with Other Persons," as implemented and supplemented by 2 CFR Part
1532. Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2
CFR Part 180, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C.
Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower
tier covered transactions. Subrecipients may access suspension and debarment information at:
http://www.sam.gov. This system allows subrecipients to perform searches determining whether an entity or
individual is excluded from receiving Federal assistance.
5. Projects with a total cost of $10,000,000 or more must meet U.S. Treasury requirements for prevailing wage rates,
project labor agreements, and related requirements. Recipients can either certify meeting the requirements or
provide plans and reports as the SLFRF Compliance and Reporting Guidance specifies.
6. The Uniform Guidance 2 CFR 200.317 through 2 CFR 200.327 gives minimum requirements for procurement, with
2 CFR 200.319(b) addressing engineering services procurement guidelines. ARPA-funded projects must also
adhere to North Carolina State law, specifically NC General Statute 143-64.31, Article 3D Procurement of
Architectural, Engineering, and Surveying (A/E) Services. NCGS 143-64.32 cannot be used to exempt funding
recipients from a qualification -based selection for A/E. The State provides applicable certification forms that must
be completed prior to receiving funds for any engineering services covered under this funding offer.
7. Local government units designated as distressed must complete associated requirements of statute §159G-45(b).
8 Funds made available by the ARPA that are not disbursed to the entity accepting the funds in this document by
December 31S`, 2026, will no longer be available for the project. Unused Federal funds will revert from the State
of North Carolina to the U.S. Treasury.

ASSURANCES
1. The Applicant intends to construct the project or cause it to be constructed to final completion in accordance
with the Application approved for financial assistance by the Division.
2. The Applicant is responsible for paying for the costs ineligible for ARPA funding.
3. The construction of the project, including the letting of contracts in connection therewith, conforms to the
applicable requirements of State and local laws and ordinances.
4. The Applicant will provide and maintain adequate engineering supervision and inspection.
5. The recipient agrees to establish and maintain a financial management system that adequately accounts for
revenues and expenditures. Adequate accounting and fiscal records will be maintained during the construction of
the project and these records will be retained and made available for a period of at least three years following
completion of the project.
6 . All ARPA funds shall be expended solely for carrying out the approved project, and an audit shall be performed
in accordance with G.S. 159-34. Partial disbursements on this loan will be made promptly upon request, subject
to adequate documentation of incurred eligible costs, and subject to the recipient's compliance with the
Standard Conditions of this Award. The Applicant agrees to make prompt payment to its contractor, and to
retain only such amount as allowed by North Carolina General Statute.
7 . The applicant will expend all of the requisitioned funds for the purpose of paying the costs of the project within
three (3) banking days following the receipt of the funds from the State. Please note that the State is not a party
to the construction contract(s) and the Applicant is expected to uphold its contract obligations regarding timely
payment.
8 . Funds must be fully spent (i.e., fully reimbursed to the recipient) by December 31, 2026.
Acknowledgement of Standard Conditions and Assurances
The Applicant hereby gives assurance to the Department of Environmental Quality that the declarations,
assurances, representations, and statements made by the Applicant in the Application; and all documents,
amendments, and communications filed with the Department of Environmental Quality by the Applicant in
support of its request for financial assistance will be fulfilled.

STATE REVOLVING FUND (SRF) STANDARD CONDITIONS FOR FEDERAL SRF LOANS
1. The following "super cross cutters" apply to SRF projects and may be found in the Public Policy Requirements
section of the EPA General Terms and Conditions for each year's appropriation. This document can be found at
Please note that nothing is submitted to the State's SRF
program offices regarding compliance with these items.
(a) Title VI of the Civil Rights Act of 1964
(b) Section 504 of the Rehabilitation Act of 1973
(c) The Age Discrimination Act of 1975
(d) Section 13 of the Federal Water Pollution Control Act Amendments of 1972
2. Acquisition of Real Property must comply with all applicable provisions of the Uniform Relocation and Real
Property Acquisition Policies Act of 1970 (PL 92-646), as amended. The applicant shall certify that it has or will
have a fee simple or such other estate or interest in the site of the project, including necessary easements and
rights -of -way, to assure undisturbed use and possession for the purpose of construction and operation for the
estimated life of the project using a certification form provided by DEQ.
3. Specific MBE/WBE (DBE) forms and instructions are provided that are to be included in the contract
specifications. These forms will assist with documenting positive efforts made by recipients, their consultants
and contractors to utilize disadvantaged businesses enterprises. Such efforts should allow DBEs the maximum
feasible opportunity to compete for subagreements and subcontracts to be performed. Documentation of
efforts made to utilize DBE firms must be maintained by all recipients, and construction contractors, and made
available upon request.
4. Subrecipients shall fully comply with Subpart C of 2 CFR Part 180 entitled, "Responsibilities of Participants
Regarding Transactions Doing Business with Other Persons," as implemented and supplemented by 2 CFR Part
1532. Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2
CFR Part 180, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C.
Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower
tier covered transactions. Subrecipients may access suspension and debarment information at:
http://www.sam.gov. This system allows subrecipients to perform searches determining whether an entity or
individual is excluded from receiving Federal assistance.
5. The construction contract(s) requires the contractor to adhere to Davis Bacon and Related Acts Provisions and
Procedures as listed in the Code of Federal Regulations Chapter 29 Part 5 Section 5 (29 CFR 5.5). Public Law
pertaining to this is also enacted in Title 40, United States Code, Subtitle II Section 3141 through Section 3148.
6. As required by H.R. 3547, "Consolidated Appropriations Act, 2014" Section 436, Division G, Title IV, this project is
subject to American Iron and Steel provisions. The State provides detailed requirements to be included in the
construction contract specifications.
7. Section 603(d)(1)(E) of the Federal Water Pollution Control Act requires subject to develop and implement a Fiscal
Sustainability Plan (FSP) for projects that involve the repair, replacement or expansion of publicly owned
treatment works. Note that FSPs are not required for new treatment works. The certification provided must be
submitted regarding compliance with this section of the Act.
8. Section 602(b)(14) of the Clean Water Act requires projects receiving CWSRF funding to comply with
Federal engineering procurement guidelines. The State provides a certification form that must be
completed prior to receiving funds for any engineering services covered under this funding offer.

ASSURANCES
1. The Applicant intends to construct the project or cause it to be constructed to final completion in accordance
with the Application approved for financial assistance by the Division.
The recipient acknowledges thatin the event a milestone contained in the most recent Clean Water State
Revolving Fund Intended Use Plan and/or the Letter of Intent to Fund is missed, the Department of Environmental.
Quality will rescind this Funding Offer.
2. The Applicant is responsible for paying for the costs ineligible for SRF funding.
3. The construction of the project, including the letting of contracts in connection therewith, conforms to the
applicable requirements of State and local laws and ordinances.
4. As of the acceptance of this Funding Award Offer, steps A-D in the SRF Guidance will be complete. These
Assurances, likewise, incorporate the most recent version of the SRF Guidance, and the Applicant hereby certifies
by accepting this Funding Award Offer that it will adhere to the subsequent steps in the SRF Guidance document.
The remaining steps generally govern project design, bidding, contracting, inspection, reimbursements, closeout
and repayment.
5. The Applicant will provide and maintain adequate engineering supervision and inspection.
6. The recipient agrees to establish and maintain a financial management system that adequately accounts for
revenues and expenditures. Adequate accounting and fiscal records will be maintained during the construction of
the project and these records will be retained and made available for a period of at least three years following
completion of the project.
7 . All SRF funds loaned shall be expended solely for carrying out the approved project, and an audit shall be
performed in accordance with G.S. 159-34. Partial disbursements on this loan will be made promptly upon
request, subject to adequate documentation of incurred eligible costs, and subject to the recipient's compliance
with the Standard Conditions of this Award. The Applicant agrees to make prompt payment to its contractor,
and to retain only such amount as allowed by North Carolina General Statute.
8 . The applicant will expend all of the requisitioned funds for the purpose of paying the costs of the project within
three (3) banking days following the receipt of the funds from the State. Please note that the State is not a party
to the construction contract(s) and the Applicant is expected to uphold its contract obligations regarding timely
payment.
Acknowledgement of Standard Conditions and Assurances
The Applicant hereby gives assurance to the Department of Environmental Quality that the declarations,
assurances, representations, and statements made by the Applicant in the Application; and all documents,
amendments, and communications filed with the Department of Environmental Quality by the Applicant in
support of its request for financial assistance will be fulfilled.
c-22-2Z
Date

RESOLUTION BY GOVERNING BODY OF
TOWN OF SHARPSBURG 2019 SANITARY SEWER IMPROVEMENTS
PROJECT#: VUR-W-ARP-0017/CS370698-01
WHEREAS, the American Rescue Plan (ARP) funded from the State Fiscal Recovery Fund was
established in S.L. 2021-180 to assist eligible units of government with meeting their
water/wastewater infrastructure needs, and
The North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized
the making of loans and grants to aid eligible unites of government in financing the cost
of construction of wastewater treatment works, wastewater collection systems, and water
supply systems, water conservation projects, and
WHEREAS, the North Carolina Department of Environmental Quality has offered American Rescue
Plan (ARP) funding in the amount of $2,629,084.00 to perform work detailed in the
submitted application, and
WHEREAS, the Town of Sharpsburg intends to perform said project in accordance with the agreed
scope of work,
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF
SHARPSBURG:
That Town of Sharpsburg does hereby accept the American Rescue Plan Grant offer of
$2,629,084.00.
That the Town of Sharpsburg does hereby give assurance to the North Carolina Department of
Environment Quality that any Conditions or Assurances contained in the Award offer will be
adhered to, has substantially complied or will substantially comply with all Federal, State and
local laws, rules, regulations, and ordinances applicable to the project and to Federal and State
grants and loans pertaining thereto.
That Robert L. Williams, and successors so titled, is hereby authorized and directed to furnish
such information as the appropriate State agency may request in connection with this project; to
make the assurances as contained above; and to execute such other documents as may be required
by the Division of Water Infrastructure.
Adopted this the 21S' day ofJune 2022 at Sharpsburg, North Carolina.
rMIEOWTF
JUN 2 1 2022 IL
l
By
Robert L. Williams, Mayor
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Date