2022-16 RESOLUTION ACCEPTING THE AMERICAN RESCUE PLAN GRANT FOR HARNETT REGIONAL WATERp_U HARNETT
ior REGIONAL
WATER la nethate
PO Box 1119
700 McKinney Parkway
Lillington, NC 27546
RESOLUTION NO. 2022-16
ph: 910-893-7575
fax: 910-893-5643
RESOLUTION BY HARNETT COUNTY BOARD OF COMMISSIONERS
WHEREAS, Harnett Regional Water has received an earmark for the American Rescue Plan (ARP)
funded from the State Fiscal Recovery Fund established in 5.L. 2021-180 to assist eligible
units of government with meeting their water/wastewater infrastructure needs,and
WHEREAS, the North Carolina Department of Environmental Quality has offered American Rescue
Plan (ARP) funding in the amount of $3,800,000 to perform work detailed in the
submitted application,and
WHEREAS, Harnett Regional Water intends to perform said project in accordance with the agreed
scope of work,
NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF
HARNETT:
That Harnett Regional Water does hereby accept the American Rescue Plan Grant offer
of$3,800,000.
That Harnett Regional Water does hereby give assurance to the North Carolina
Department of Environmental Quality that any Conditions or Assurances contained in the
Award Offer will be adhered to.
That Lewis W.Weatherspoon,Chairman of the Harnett County Board of Commissioners,
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 5th day of July, 2022 at Harnett County,North Carolina.
Lewis W.Weathersp
Chairman, Harnett County Board of Commissioners
CERTIFICATION BY RECORDING OFFICER
The undersigned duly qualified and acting Clerk of the Harnett County Board of Commissioners does
hereby certify: That the above/attached resolution is a true and correct copy of the resolution
authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally
iin
convened meeting of the County of Harnett duly held on the S day of
20 2_1i; and, further, that such resolution has been fully recorded in the journal of proceedings and
t--ti
records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 5 day of July,
2022.
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MseliD. Capps
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Clerk to the Harnett County Board of Commissioners
WWW.harnettwater.org
Approved by the Harnett
Co
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Board of Commissio ers
Date
Board Meeting
gym' ' c
Agenda Item
MEETING DATE: July 5, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: ARPA Grant Acceptance and Resolution for NHWWTP Capacity Upgrade
Project
REQUESTED BY: Steve Ward, HRW Director
Immummi
REQUEST:
This is a formal request for the Board to accept the ARPA grant funding in the amount of
3,800,000 for the North Harnett Waste Water Treatment Plant Capacity Upgrade Project.
This requires a resolution from the Board agreeing to meeting the conditions of the grant.
These documents are enclosed for your review. Please place this item on the consent agenda
at the next available meeting.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
lecfile\users\PU\sward\My Documents\NHWWTP Capacity Upgrade Project\ARPA Offer and Acceptance for NHWWTP
Capacity Upgrade Agenda Request 6-21-22.docx Page 1 of 2
RECEIVED
ROY COOPER
JUN Z U 2022r:nrrrn>r f_.
ELIZABETH S. BlSER
I
Harnett County
SH DI5FirDl ESKAF hioRr--caaoL NA Manager's Office
i:r,r Enrlronrarntal Quality
June 10, 2022
Mr. Louis Weatherspoon, Chairman,Harnett County Board of Commissioners
Harnett County Regional Water
PO Box 759
Lillington,NC 27546-0759
SUBJECT: Offer&Acceptance for ARP Funding
Project No. SRP-W-ARP-0009
North Harnett Wastewater Treatment Plant
Capacity Upgrade
Dear Mr. Witherspoon:
The Harnett County Regional Water has been approved for an American Rescue Plan
ARP) funding from the State Fiscal Recovery Fund in the amount of$3,800,000. Projects
funded from the State Fiscal Recovery Funds established in S.L. 2021-180 must meet applicable
federal law and guidance for the ARP funds. Accordingly,enclosed are two(2)copies of an
offer-and-acceptance document,extending ARP funding in the amount of$3,800,000. This offer
is made by the Division of Water Infrastructure (DWI), subject to the assurances and conditions
set forth in the enclosed offer-and-acceptance document. Funds will not be disbursed unless this
offer is accepted.
Upon your acceptance,please submit the following items to Pam Whitley, Division of
Water Infrastructure (DWI), 1633 Mail Service Center, Raleigh,North Carolina 27699-1633:
1. A resolution(sample copy attached),adopted by the governing body,accepting the offer,
and making the applicable assurances contained therein;
2. One(1)copy of the original offer-and-acceptance document,executed by the Authorized
Representative for the project,along with the signed"Standard Conditions and
Assurances"for ARP Projects. Please retain the second copy for your files.
3. Federal Identification Number and Unique Entity ID#of the Recipient(Memo attached)
4. Sales Tax Certification(attached)
Once construction of the subject project has commenced,the enclosed"reimbursement
request form"must be completed and submitted with all reimbursement requests. You are free
to reproduce this form should additional copies be needed.
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In addition,a memorandum requesting your federal identification number has been
included with this offer of funding. You must complete and submit this form no later than the
time when you choose to submit your first request for reimbursement. Reimbursement requests
should be sent to Jackie Moore at the address noted.
On behalf of the Department of Environmental Quality,I am pleased to extend this offer
of ARP funds, made available by the North Carolina Fiscal Recovery Fund. Should you have any
questions concerning this offer of funding, or any of the stipulations outlined in this letter, please
contact Mark Hubbard, DWI's Grant Management Unit Supervisor,at 919.707.9162.
Sincerely,
izi
Shadi Eskaf., Director
Division of Water Infrastructure,NCDEQ
Enclosures: Offer-and-Acceptance Document(2 copies)
Resolution by Applicant's Governing Body to Accept an Offer of Funding
Fed ID/Unique Entity ID No.Request Memo
Sales-Tax Certification Form
Reimbursement Request Form
CC: Steve Ward, Director, Harnett County Regional Water
Joseph W. McGougan,PE,MBD Consulting Engineers (Conway, SC)
Jennifer House (via Email)
Jackie Moore(via Email)
Pam Whitley(via Email)
FILE: ARP Project File (COM_LOX)
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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:SRP-W-ARP-0009
Harnett County Regional Water
PO Box 759
CFDA Number: 21.027
Lillington,North Carolina 27546-0759
Funding Program
Drinking Water Additional Amount for Previous Total Total Offered
Wastewater Funding Increases
State Revolving Fund (SRF)
State Reserve Loan (SRP)
State Reserve Grant(SRP)
State Grant Appropriation (SAP)
American Rescue Plan Act(ARPA) 3,800,000
Project Description:
Total Financial Assistance Offer: 3,800,000
North Harnett Wastewater Treatment Total Project Cost: 63,241,200
Plant Capacity Upgrade Estimated Closing Fee*: 0.0
For Loans
Principal Forgiveness: 0
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
6/8/2022
ignature Jon Risgaard for Shadi Eskaf Date
On Behalf of: Harnett County Regional Water
Name of Representative in Resolution: Lewis W.Weatherspoon
Title (Type or Print): Chairman,Harnett County Board of Commissioners
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 Assurances and the Standard Conditions.
nature Date_
J
Q
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
Comp Ian(t_ L:nd 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.
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.
7/:-44-6r?"•--
gnature Date
FEDERAL ID & Unique Entit', ID#REQUEST MEMO
TO: All Loan and Grant Recipients
SUBJECT: Federal Identification Number
Please be advised that all local government units receiving grant or loan funds from the State of
North Carolina must supply their Federal Identification Number to this office upon acceptance
of your loan/grant offer. Therefore, please provide the information below and return to:
Division of Water Infrastructure
1633 Mail Service Center
Raleigh,North Carolina 27699-1633
RECIPIENT:
Harnett Regional Water M
PROJECT NUMBER:
SRP-W-ARP-0009
FEDERAL IDENTIFICATION NUMBER:
56-6000306
UNIQUE ENTITY ID:
SALES-TAX REIMBURSEMENT CERTIFICATION FORM
FOR FUNDING PROGRAMS IN THE DIVISION OF WATER INFRASTRUCTURE)
Applicant: Harnett Regional Water
Project Number:
SRP-W-ARP-0009
n Check If Applicant is not a unit of government under North Carolina law
If Applicant noted above is a Unit of Government in North Carolina, check the applicable box below.
Sales Tax IS deducted in this scenario. Please show this on the disbursement requests.
The construction contract was bid with sales taxes and the unit of government will request
reimbursement from the DOR.
Sales Tax IS NOT deducted in either of these scenarios.
The construction contract was bid with sales taxes and the unit of government will not request
reimbursement from the DOR.
The construction contract was bid without sales taxes
Lewis W. Weatherspoon
Printed Name and Title of Authorized Representative)
7,5A1)
Signature of A orized Representative)
Date)
Submit to: NC Dept. of Environment& Natural Resources
Division of Water Infrastructure
Pam Whitley, Project Management Branch
1633 Mail Service Center
Raleigh, NC 27699-1633
RECEIVED
ROY COOPER
y
JUN L U 2022
ELIZABETH S.BISEIt1° ='
Harnett Countysecretary
SHADI ESKAF NORTH CAROLINA Manager's Office
Dim ror Environmental Quality
June 10,2022
Mr. Louis Weatherspoon, Chairman, Harnett County Board of Commissioners
Harnett County Regional Water
PO Box 759
Lillington, NC 27546-0759
SUBJECT: Offer&Acceptance for ARP Funding
Project No. SRP-W-ARP-0009
North Harnett Wastewater Treatment Plant
Capacity Upgrade
Dear Mr. Witherspoon:
The Harnett County Regional Water has been approved for an American Rescue Plan
ARP) funding from the State Fiscal Recovery Fund in the amount of$3,800,000. Projects
funded from the State Fiscal Recovery Funds established in S.L. 2021-180 must meet applicable
federal law and guidance for the ARP funds. Accordingly, enclosed are two (2)copies of an
offer-and-acceptance document, extending ARP funding in the amount of$3,800,000. This offer
is made by the Division of Water Infrastructure (DWI), subject to the assurances and conditions
set forth in the enclosed offer-and-acceptance document. Funds will not be disbursed unless this
offer is accepted.
Upon your acceptance,please submit the following items to Pam Whitley, Division of
Water Infrastructure (DWI), 1633 Mail Service Center, Raleigh,North Carolina 27699-1633:
1. A resolution(sample copy attached),adopted by the governing body,accepting the offer,
and making the applicable assurances contained therein;
2. One(1)copy of the original offer-and-acceptance document,executed by the Authorized
Representative for the project,along with the signed"Standard Conditions and
Assurances"for ARP Projects. Please retain the second copy for your files.
3. Federal Identification Number and Unique Entity ID#of the Recipient(Memo attached)
4.Sales Tax Certification(attached)
Once construction of the subject project has commenced, the enclosed"reimbursement
request form"must be completed and submitted with all reimbursement requests. You are free
to reproduce this form should additional copies be needed.
D E North Carolina Department of Environmental Quality I Divion of Water Mhastructurr
512 N.Salisbury Street 11433 Ma I Service Center I Raleigh North Carolina 27699-1G33
3.........11............wa /'919.7O7.91b0
In addition, a memorandum requesting your federal identification number has been
included with this offer of funding. You must complete and submit this form no later than the
time when you choose to submit your first request for reimbursement. Reimbursement requests
should be sent to Jackie Moore at the address noted.
On behalf of the Department of Environmental Quality, I am pleased to extend this offer
of ARP funds, made available by the North Carolina Fiscal Recovery Fund. Should you have any
questions concerning this offer of funding,or any of the stipulations outlined in this letter, please
contact Mark Hubbard, DWI's Grant Management Unit Supervisor, at 919.707.9162.
Sincerely,
Shadi Eskaf., Director
Division of Water Infrastructure,NCDEQ
Enclosures: Offer-and-Acceptance Document(2 copies)
Resolution by Applicant's Governing Body to Accept an Offer of Funding
Fed ID/Unique Entity ID No. Request Memo
Sales-Tax Certification Form
Reimbursement Request Form
CC: Steve Ward, Director, Harnett County Regional Water
Joseph W. McGougan, PE, MBD Consulting Engineers (Conway, SC)
Jennifer House(via Email)
Jackie Moore(via Email)
Pam Whitley(via Email)
FILE: ARP Project File (COM_LOX)
North Carolina Department of Environmental Quality I Division of Water infrastructure
512 N.Salisbury Street 11633 Mail Service Center 1 Raleigh North Carottna 276'9-tb33
419.707.9160
Suggested Format)
RESOLUTION BY GOVERNING BODY OF RECIPIENT
WHEREAS, the (unit of Government) has received an earmark for the American Rescue Plan
ARP) funded from the State Fiscal Recovery Fund established in S.L. 2021-180
to assist eligible units of government with meeting their water/wastewater
infrastructure needs, and
WHEREAS, the North Carolina Department of Environmental Quality has offered American
Rescue Plan(ARP) funding in the amount of$ to perform work
detailed in the submitted application, and
WHEREAS, the (unit of government) intends to perform said project in accordance with the
agreed scope of work,
NOW,THEREFORE, BE IT RESOLVED BY THE (GOVERNING BODY) OF THE
UNIT OF GOVERNMENT):
That(unit of government)does hereby accept the American Rescue Plan Grant offer of
That the (unit of government) does hereby give assurance to the North Carolina
Department of Environmental Quality that any Conditions or Assurances contained in the
Award Offer will be adhered to.
That(name and title of authorized representative), 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 (date adopted)at(place),North Carolina.
Signature of Chief Executive Officer)
Date
FEDERAL ID & Unique Entity ID# REQUEST MEMO
TO: All Loan and Grant Recipients
SUBJECT: Federal Identification Number
Please be advised that all local government units receiving grant or loan funds from the State of
North Carolina must supply their Federal Identification Number to this office upon acceptance
of your loan/grant offer. Therefore,please provide the information below and return to:
Division of Water Infrastructure
1633 Mail Service Center
Raleigh, North Carolina 27699-1633
RECIPIENT:
PROJECT NUMBER:
FEDERAL IDENTIFICATION NUMBER:
UNIQUE ENTITY ID:
SALES-TAX REIMBURSEMENT CERTIFICATION FORM
FOR FUNDING PROGRAMS IN THE DIVISION OF WATER INFRASTRUCTURE)
Applicant:
Project Number:
n Check If Applicant is not a unit of government under North Carolina law
If Applicant noted above is a Unit of Government in North Carolina, check the applicable box below.
Sales Tax IS deducted in this scenario. Please show this on the disbursement requests.
The construction contract was bid with sales taxes and the unit of government will request
reimbursement from the DOR.
Sales Tax IS NOT deducted in either of these scenarios.
The construction contract was bid with sales taxes and the unit of government will not request
reimbursement from the DOR.
The construction contract was bid without sales taxes
Printed Name and Title of Authorized Representative)
Signature of Authorized Representative)
Date)
Submit to: NC Dept. of Environment & Natural Resources
Division of Water Infrastructure
Pam Whitley, Project Management Branch
1633 Mail Service Center
Raleigh, NC 27699-1633
REIMBURSEMENT REQUEST FORM NC Division of Water Infrastructure
Funding Recipient: Payment No.
DWI Project No. Page No.of Oise more pages as needed)
Cumulative Cost Minus Overruns Not Subtotal of Minus Retainage Minus Cumulative Other Adjustments Minus Previously Requested For This
to Date Minus Ineligibles
App'd By Change Order Payable Coat on Payable Cost Sales Tax (Other Funds e.g.) Paid to Date Pay Request
Contract 1 1,200,000 $100,000) 100,000) $1,000,000=SIM-r r 50,000 500,000 300,000) 100,000
Contract 2 505,000- S5,000)rttrr ($25,000) ($10,000) r r r r r. 65,000
Contract 3
Contract 4
Contract 5
N(;i/V. ` r.'a'! Cumulative Cost Requested For This
to Date Pay Request
Item 1 250,000 250,000
Item 2
Item 3
Item 4
OTHER COSTS Cumulative Cost Other
anroa ete J
Previously
to Date Other Pay Request
Item 1
Item 2
Item 3
Cumulative Cost
Minus Ineligibles
Minus Overruns Not Minus Retainage Minus Cumulative Other Adjustments Minus Previously Total Requested For
to Date App'd By Change Order on Payable Cost Sales Tax (Other Funds e.g.) Paid to Date This Pay Request
1,955,000 ($100,000) 105,000) 75,000) ($60,000) ($500,000L ($950,000) 165,000
Certification Grant Percentage for SRP Projects
I certify that to the best of my knowledge and belief the billed costs or disbursements are in accordance with terms of the project and that this request represents the I I
monies due which have not been previously received and that an inspection has been performed and all work is in accordance with the terms and conditions of the award.
For applicable SRF projects,the project remains in compliance with Davis-Bacon and American Iron and Steel conditions or is the process of remediating noncompliance.
You must check ONE of the boxes below or your payment will not be processed:
The funds requested above have already been paid to the respective vendors,consultants&contractors by the funding recipient
OR
The funds requested above have not been paid to the respective vendors,consultants&contractors.
Funds received from the State will be disbursed to these entities within three(3)banking days.0
Type or Print Name and Title Signature of Authorized Representative Date
DWI comments
Instructions and notes on how to use this form
Complete guidance for preparing reimbursements can be found in Section G.2.of the North Carolina SRF Program Overiew and Guidance that was included with your Funding offer(applicable to State grants and loans too).
The form,as downloaded,is filled out with sample numbers.It is suggested that the sample be used as a reference(saved or printed).
Please submit ONE COPY of this form and backup documents when requesting funds.
Only the Authorized Representive can sign this form,unless declared otherwise in a resolution.
Construction contract line item overruns and engineering contract overruns must have approved change orders or engineering amendments before those costs will be paid.
Rev 12/13/16
74 I-.
F.A. aROYCOOPER
ti:,, tt
ELIZABETH S.B[5 ER J:1,.. ..7-4,?.
1
amu .
SHABI ESKAF NORM,:CAROLINA
Pir.rvr Environmental Qu unity
June 10, 2022
Mr.Louis Weatherspoon,Chairman,Harnett County Board of Commissioners
Harnett County Regional Water
PO Box 759
Lillington,NC 27546-0759
SUBJECT: Offer&Acceptance for ARP Funding
Project No. SRP-W-ARP-0009
North Harnett Wastewater Treatment Plant
Capacity Upgrade
Dear Mr. Witherspoon:
The Harnett County Regional Water has been approved for an American Rescue Plan
ARP) funding from the State Fiscal Recovery Fund in the amount of$3,800,000. Projects
funded from the State Fiscal Recovery Funds established in S.L.2021-180 must meet applicable
federal law and guidance for the ARP funds. Accordingly, enclosed are two(2)copies of an
offer-and-acceptance document, extending ARP funding in the amount of$3,800,000. This offer
is made by the Division of Water Infrastructure(DWI),subject to the assurances and conditions
set forth in the enclosed offer-and-acceptance document. Funds will not be disbursed unless this
offer is accepted.
Upon your acceptance,please submit the following items to Pam Whitley, Division of
Water Infrastructure(DWI), 1633 Mail Service Center,Raleigh,North Carolina 27699-1633:
1. A resolution(sample copy attached),adopted by the governing body,accepting the offer,
and making the applicable assurances contained therein;
2. One(1)copy of the original offer-and-acceptance document,executed by the Authorized
Representative for the project,along with the signed"Standard Conditions and
Assurances"for ARP Projects.Please retain the second copy for your files.
3. Federal Identification Number and Unique Entity ID#of the Recipient(Memo attached)
4. Sales Tax Certification(attached)
Once construction of the subject project has commenced,the enclosed"reimbursement
request form"must be completed and submitted with all reimbursement requests. You are free
to reproduce this form should additional copies be needed.
u-tn CoC -fir1kmDr-par,',kit,.,r nvirinr•rnt.al,li. Iii • ^wi ,n.4..:<:!.-Inv--aln-;;trc
5 2 N.S-ir hu- }'T•r•, I k t Mid Scr•:Iri CCntrr - 1,alclq iti.'or71_arolina 27c1 1,33
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: SRP-W-ARP-0009
Harnett County Regional Water
PO Box 759
CFDA Number: 21.027
Lillingto.n, North Carolina 27546-0759
Funding Program
Drinking Water Additional Amount for Previous Total Total Offered
Wastewater Funding Increases
State Revolving Fund (SRF)
State Reserve Loan (SRP)
State Reserve Grant(SRP)
State Grant Appropriation (SAP)
American Rescue Plan Act(ARPA) 3,800,000
Project Description:
Total Financial Assistance Offer: 3,800,00NorthHarnettWastewaterTreatmentTotalProjectCost: 63,241,2
Plant Capacity Upgrade Estimated Closing Fee*: 0.0
For Loans
Principal Forgiveness: SII
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
6/8/2022
ignature on Risgaard for 5hadi Eskaf Date
On Behalf of: Harnett County Regional Water
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 Assurances and the Standard Conditions.
Si 2Z
S gnature Date
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 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.
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.
11s 22
nature Date
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: SRP-W-ARP-0009
Harnett County Regional Water
PO Box 759
CFDA Number: 21.027
Lillington,North Carolina 27546-0759
Funding Program
Drinking Water Additional Amount for Previous Total Total Offered
Wastewater Funding Increases
State Revolving Fund (SRF)
State Reserve Loan (SRP)
State Reserve Grant(SRP)
State Grant Appropriation (SAP)
American Rescue Plan Act(ARPA) 3,800,000
Project Description:
Total Financial Assistance Offer: 3,800,00NorthHarnettWastewaterTreatmentTotalProjectCost: 63,241,2
Plant Capacity Upgrade Estimated Closing Fee*: 0.0
For Loans
Principal Forgiveness:
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
6/8/2022
ignature on Risgaard for Shadi Eskaf Date
On Behalf of: Harnett County Regional Water
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 Assurances and the Standard Conditions.
Signature Date
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 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.
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.
rl 5 22
Si nature Date