HomeMy WebLinkAboutNCC250640_(SL 2023-134) DWI Funding Offer Letter_20250312 Docusign Envelope ID:418494C0-A821-42C5-85F3-DF6B82F2DA67
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER INFRASTRUCTURE
Funding Offer and Acceptance
Legal Name and Address of Award Recipient Project Number(s): SRP-W-134-0094*
Town of Mayodan
210 W. Main Street Assistance Listing Number: N/A
Mayodan, NC 27027 Unique Entity ID Number: DZNJX56GJRF1
Funding Program
Drinking Water ❑ Additional Amount for Previous Total Total Offered
Stormwater ❑ Funding Increases
Wastewater
State Revolving Fund-Repayable Loan ❑
State Revolving Fund-Principal Forgiveness ❑
State Reserve Loan ❑
State Reserve Grant ❑
State Reserve Earmark(S.L. 2023-134)* ® $3,940,000
American Rescue Plan Act-c_ ❑
Project Description:
Total Financial Assistance Offer: $ 3,940,000
WWTP Upgrade/ I&I Improvements
Total Project Cost: $14,880,000
Estimated Closing Fee**: $ 0
*Co-funded with SRP-W-ARP-0187
For Loans
Interest Rate: -- Per Annum
Maximum Loan Term: --Years
*Federal conditions and requirements will also apply to S.L 2023-134 projects co funded with federal funds.
**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
�DoouSigned by: North Carolina Department of Environmental Quality
CA^ 10/22/2024
"530 0 A872077 B44 C 5...
Signature Date
On Behalf of: Town of Mayodan
Name of Representative in Resolution:
Title (Type or Print):
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 attached Assurances and the Standard Conditions.
Signature Date
Docusign Envelope ID:418494C0-A821-42C5-85F3-DF6B82F2DA67
STANDARD CONDITIONS &ASSURANCES FOR STATE RESERVE PROJECTS
Project Subrecipient: Town of Mayodan Project Number(s): SRP-W-134-0094
1. The Subrecipient intends to construct the project or cause it to be constructed to final completion in accordance
with the Application or Request for Funding approved for financial assistance by the Division.
2. If the project is co-funded with federal funding sources (e.g., State Revolving Funds, CDBG-Infrastructure,
American Rescue Plan Act),the conditions and assurances of the federal funding program will also apply.
3. The Subrecipient acknowledges that in the event a milestone contained in the most recent Letter of Intent to
Fund is missed,the Department of Environmental Quality may rescind this Funding Offer.
4. The Subrecipient is responsible for paying for the costs ineligible for DWI funding.
5. All projects must comply with North Carolina General Statute 143-64.31,Article 3D Procurement of
Architectural, Engineering, and Surveying Services. Any services provided that were not selected in compliance
with state requirements will be ineligible for disbursement.
6. 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.
7. As of the acceptance of this Funding Award Offer, steps identified in the SRP Guidance will be complete.These
Assurances, likewise, incorporate the most recent version of the SRP Guidance, and the Subrecipient hereby
certifies by accepting this Funding Award Offer that it will adhere to the subsequent steps in the SRP Guidance
document.The remaining steps generally govern project design, bidding, contracting, inspection,
disbursements, closeout and repayment.
8. The Subrecipient will provide and maintain adequate engineering supervision and inspection.
9. The Subrecipient 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.
10. All SRP funds must 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 or grant will be made promptly upon request,
subject to adequate documentation of incurred eligible costs, and subject to the Subrecipient's compliance with
the Standard Conditions of this Award.The Subrecipient agrees to make prompt payment to its contractor,and
to retain only such amount as allowed by North Carolina General Statute.
11.The Subrecipient 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 Subrecipient is expected to uphold its contract obligations
regarding timely payment.
12.The Subrecipient, if a local government unit or public authority, must comply with the requirements of NC GS
159-34 in having its accounts audited each fiscal year and to submit a copy of the audit report to the Secretary
of the Local Government Commission by the established deadlines. Failure to comply with these requirements
may result in delays in disbursement of the funds to the Subrecipient and/or the rescission of this Funding Offer.
13.The Subrecipient acknowledges that any loan funds contained in this Funding Offer requires approval from the
North Carolina Local Government Commission before they can be disbursed.
14. Local government units designated as distressed must complete associated requirements of statute §159G-45(b).
Docusign Envelope ID:418494C0-A821-42C5-85F3-DF6B82F2DA67
APPLICABLE STANDARD CONDITIONS
Project Applicant: Town of Mayodan Project Number(s): SRP-W-ARP-0187
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 31st, 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.