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Home My WebLink AboutFY24 Engineering Acorn Branch WatershedDocuSign Envelope ID: AB4C1 DAA-FG50-4464-BC3A-407B7209D4B6 ROY COOPER Governor ELIZABETH S. B1SER Secretary SHADI ESKAF Director Ms. Tufanna Bradley New Hanover County 230 Government Center Dr. Wilmington, North Carolina 28403 Dear Ms. Bradley: NORTH CAROLINA Environmental Quality August 11, 2023 Subject: Preliminary Project -Scope Approval & Transmittal of Offer -and -Acceptance Funding Award Stormwater Planning Grant Acorn Branch Watershed Planning & Feasibility DWI ProjectNo(s).: SRP -SW -ARP -0085 The Division of Water Infrastructure (Division) has reviewed the recently submitted preliminary project scope information, and we have no objections concerning the document(s) provided. Therefore, we are pleased to inform you the preliminary scoping document is approved herein. In addition, with this document's approval, the above -referenced project, thusly, is now authorized to receive its intended American Rescue Plan Act (ARPA) funding, provided from the State Fiscal Recovery Fund (SFRF), as established in Session Law (S.L.) 2021-180 please note projects funded from the SFRF must meet applicable federal law and guidance for the ARPA funds. The ARPA grant funding will cover one hundred percent (100%) of eligible, stormwater study, design or plan costs from the S.L. 2021-180 appropriation. Accordingly, enclosed are two (2) copies of an "offer -and -acceptance" document extending the New Hanover County a funding award in the total amount of $150,000. This award is made by the Division subject to the "Assurances " and "Conditions " set forth in the enclosed offer -and -acceptance document. Upon your acceptance, please submit the following items to the Division, and addressed directly to the attention of Pam Whitle► . Division of Water Infrastructure. 1633 Mail Service Center. Raleigh NC 27699-1633 (Pam. Whitley@deq.nc. gov): A resolution (sample copy attached), adopted by your governing body, accepting the ARPA grant offer, and making the applicable assurances contained therein; and 2. One (1) original copy of the "offer -and -acceptance" document, executed by the designated Authorized Representative for the project, along with the signed "Standard Conditions" and "Assurances". Please retain the fulh executed, second original copy for ► our files. Reimbursement requests must be prepared using our standardized reimbursement -request form. A reference copy of this form has been enclosed for your convenience. You are free to reproduce this form should additional copies be needed. Reimbursement requests shall be forwarded to a DWI Accountant at Q �� North Carolina Department of Environmental Quality I Division of Water Infrastructure 512 N. Salisbury Street 11633 Mali Service Center I Raleigh. North Carolina 27699-1633 rpf11 H C/3i01. MlA o4.w nren«..rrroYra 919.707.9160 . DocuSign Envelope ID: AB4C1 DAA-FC50-4464-BC3A-407l37209D4B6 Ms. Bradley New Hanover County August 11, 2023 Page 2 of 2 DWI.Businessoffice @deq.nc.gov. Once work referenced within the approved scoping document commences, an updated, fully -completed, current and signed/dated copy of our Reimbursement Request Form must be submitted with all reimbursement requests. Finally, regarding reimbursements, please note the following: Disbursement is based on the progress made on the project. To obtain payment, you must document the expenditures for which the payment is requested. Final disbursement (10%) will be made only after receiving a final deliverables documenting the completion and findings of the study, as approved herein. All costs incurred prior to March 3, 2021, are not eligible for ARPA funds, and all ABPA funds must be expended prior to December 31, 2026. On behalf of the Department of Environmental Quality, I am pleased to make this offer of ARPA funds, made available by the SFRF. If you have any questions, please contact Jason Robinson, P.E., by telephone at 919.707.3887 or by e-mail at jason.t.robinson cr.de nc g . Sincerely, �DmuSigned hy- � f� Shaci�s'a irector Division of Water Infrastructure, NCDEQ Enclosures: ARPA Grant Offer -and -Acceptance Document (2 copies) Reimbursement -Request Form Resolution -to -Accept ARPA Grant Offer (suggested format) Professional Engineering Services Procurement Certification cc: Tufanna Bradley, New Hanover County (via email at tbradleyCa)nhceov.com) Jim Iannucci, P.E., New Hanover County, Wilmington (via email at jiannucci a:nhceov.comi Antonio V. Evans, P.E. (DWI, via e-mail) Mark Hubbard, P.E. (DWI, via e-mail) Jason Robinson, P.E. (DWI, via e-mail) Karin Britt (DWI, via e-mail) DWI Administrative Unit (DWI, via e-mail) Pam Whitley (DWI, via e-mail) Jennifer House (DWI, via e-mail) ARPA File (EREID — ERAL) Project Agreement #: 2000067328 DocuSign Envelope ID: AB4C1 DAA-FC50-4464-BC3A-407B7209D4B6 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER INFRASTRUCTURE Funding Offer and Acceptance — Stormwater Planning Grant Legal Name and Address of Award Recipient (i.e., Applicant): New Hanover County 230 Government Center Dr. Wilmington, North Carolina 28403 Funding Program: Project Number: SRP -SW -ARP -0085 UEID#: F7TLT2GMEJEI Assistance Listing Number: 21.027 Drinking Water ❑ Additional Stormwater ® Amount for Previous Total Total Offered Wastewater ❑ Funding Increases American Rescue Plan Act (ARPA) Grant ® -- -- $150,ODD Project Description: Acorn Branch Watershed Planning & Feasibility Pursuant to North Carolina Session Law 2021-180: Total Financial Assistance Offer - Total Project Cost: Estimated Closing Fee: $150,00 $150,00 $-0- • 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 us" by North Carolina Department of Environmental Quality �,�,�; f.f 8/17/2023 .....-/--------------------------------------••.....•----• ...•... • . . �g la°t°ureoneacs... Date On Behalf of: New Hanover Coun Name of Representative in Resolution: Lisa Wurtzbacher Title (Type or Print): Assistant County Manager 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. Q_�-iq� a3 ------------------------ Signature Date DocuSign Envelope ID: AB4C1DAA-FC50-4464-BC3A-407B7209D4B6 STANDARD CONDITIONS 1. Acceptance of this funding offer does not exempt the Applicant 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 Hance and Reporting Guidance (not explicitly referred to in this document) and any future requirements implemented by the U.S. Treasury. 2. Applicants shall comply fully 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. The Applicant 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. The Applicant is responsible for further requiring the inclusion of a similar term or condition in any subsequent, lower -tier - covered transactions. Applicants may access suspension and debarment information at: http://www.sam.gov. This system.allows applicants the means to perform searches determining whether an entity or individual is excluded from receiving federal assistance. 3. 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 also must adhere to North Carolina (NC) State law, specifically NC General Statute (NCGS) §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 (i.e., applicants) 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. 4. Local government units designated as "distressed" must complete the associated requirements of NCGS §159G -45(b). Funds made available by the ARPA to the entity accepting the funds in this document (i.e., the Applicant) must only cover eligible costs incurred on or after March 3, 2021. Funds that are not disbursed by December 311t, 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. • DocuSign Envelope ID: AB4C1 DAA-FC504464-BC3A-407B7209D4B6 ASSURANCES 1. The Applicant intends to complete the project in accordance with the Application approved for financial assistance by the Division of Water Infrastructure. 2. The Applicant is responsible for paying for those costs ineligible for ARPA funding including, but not limited to, any amount in excess of the amount of this funding offer. The Applicant agrees to establish and to maintain a financial management system that adequately accounts for revenues and expenditures. Adequate accounting and fiscal records shall be maintained during the completion of the project, and these records shall be retained and made available for a period of at least three (3) years following completion of the project. 3. All ARPA funds shall be expended solely for carrying out the approved project, and an audit shall be performed in accordance with NCGS §159-34. Partial disbursements on this Award will be made promptly, upon request, subject to adequate documentation of incurred eligible costs, and subject to the Applicant's compliance with the Standard Conditions of this Award. The Applicant agrees to make prompt payment to its professional services' provider(s), and to retain only such amount(s) as allowed by NCGS. 4. The Applicant shall 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. 5. Funds must be spent fully (i.e., fully reimbursed to the Applicant) by December 31st, 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, shall be fulfilled. ls�p ----�-- -- _------------------------------- --------------- Signature Lisa Wurtzbacher, Assistant County Manager Date