HomeMy WebLinkAboutAgenda - 06-21-2011 - 5nORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 21, 2011
Action Agenda
Item No. 5 - n
SUBJECT: Central Efland -Phase 2/Northern Buckhorn State Revolving Fund Loan Offer
Approval
DEPARTMENT: Planning PUBLIC HEARING: (Y/N) NO
ATTACHMENT(S):
State Revolving Fund DRAFT Loan Offer
INFORMATION CONTACT:
Craig Benedict, Planning Director, 245-
2592
Kevin Lindley, PE, Staff Engineer, 245-
2583
John Roberts, County Attorney, 245-2318
Clarence Grier, Finance Director, 245-
PURPOSE: To consider approval of the State Revolving Fund (SRF) loan offer from the Local
Government Commission for the purpose of constructing the Central Efland and Northern
Buckhorn sewer extensions.
BACKGROUND: The County has been working towards construction of an extension to the
Efland sewer system and an extension of the City of Mebane's sewer system into the Northern
Buckhorn community for several years. The permit for the project was obtained on May 2,
2011. Advertising the project for construction bids has begun.
The BOCC authorized staff to apply for an SRF loan of up to $3,500,000 at the March 3, 2011
BOCC meeting. The County has now applied for and received an offer for a SRF Loan from the
Construction Grants & Loans division of the North Carolina Department of Environment and
Natural Resources (DENR). This loan, in addition to two EPA Special Appropriations grants, is
an integral part of the County's construction financing plan for the extension of sewer in the
Efland and Buckhorn communities. In order to receive these funds, the BOCC must execute
the loan agreement.
FINANCIAL IMPACT: Executing the SRF loan agreement will provide the funds necessary to
construct sewer extensions in the Efland and Buckhorn communities. Payment on this loan will
not begin until six months after completion of the project, currently estimated at July 2013. The
debt service for this loan will be approximately $225,000 per year and has been included in the
County's Capital Investment Plan. A 2% closing fee of approximately $70,000 will be charged
at the beginning of the project, and this money is budgeted in the project capital account.
RECOMMENDATION(S): The Manager recommends the Board approve the SRF loan offer
and authorize the Chair to sign the loan agreement on behalf of the County.
DRAFT
STATE O~ NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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State Loan or Grant Offer and Acceptance
This Offer must be accepted, if at all, within forty-five (45) days of receipt.
This Offer is made subject to the attached Standard Conditions and Assurances
Legal Name and Address of Award Recipient
Orange County
P.O. Box 8181
Hillsborough, NC
State Project Number: E-SRF-T-IO-OXXX
Federal Project Number: C5370884-01
CFDA Number: 66.458
Project Description:
Account
Clean Water-State Revolving Fund (SRF)
State General Loan (SRL) ^
Stag Emergency Loan (SEL) ^
High Unit Cost Grant (SRG) ^-
Technical Assistance Grant ^
Efland and Buckhorn Community Sanitary Sewer System Improvements
Total Financial Assistance Offer: 3,500,00. Interest Rate: 2.445% Per Annum
Total Project Cost: $ 5,555,898 Maximum Loan Term: 20 Years
Closing Fee (2%): $ 70,000 (Actual invoiced closing costs will be calculated based on bids)
Consideration having been given by the Department of Environment and Natural Resources to the application
submitted by the applicant pursuant to North Carolina General Statute 159G, (1) the applicant is an eligible unit of
government, (2) the project meets the eligibility criteria for a State Loan or Grant, and (3) the project has been
approved and certified by the Department of Environment and Natural Resources as being entitled to priority for
State financialassistance,
The Department of Environment and Natural Resources, acting on behalf of the State. of North Carolina, hereby
offers the financial assistance describedin this document.
ForThe State of North Carolina: Dee Freeman, Secretary
North Carolina Department of Environment & Natural Resources
Signature Date
On Behalf of: County of Orange
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 State Loan or Grant offer and
make the assurances and accept the conditions.
Signature Date
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STANDARD CONDITIONS FOR FEDERAL SRF LOANS
1. The recipient shall comply with all provisions of the following Federal laws and authorities (super
cross-cutters):
(a) Title VI of the Civil Rights Act of 1964 - 42 U.S.C. §2000d
(b) CFR 35.3145(c) {Civil Rights laws) and provide completed EPA 4700-4 form
(c) Section 13 of the Federal Water Pollution Control Act Amendments of 1972 - 33 U.S.C. §1251
(d) Section 504 of the Rehabilitation Act of 1973 - 29 U.S.C. §794
2. The recipient agrees to establish and maintain a financial management system that adequately
accounts for revenues and expenditures.
3. Civil Rights and Labor Standard Requirements, and use of MBE (Minority Business Enterprise), WBE
(Women's Business Enterprise), and Small Businesses:
(a) Specific MBE/WBE (DBE) .requirements are included in the SRF Special Conditions that are to be
included in the contract specifications. Positive efforts shall be made by recipients, their
consultants and contractors to utilize small businesses and minority-owned businesses for
sources of supply and services. Such efforts should allow these sources the maximum feasible
opportunity to compete for subagreements and contracts to be performed, utilizing Federal
SRF funds. Documentation of efforts made to utilize minority and women-owned firms must
be maintained by all recipients, consulting firms, and construction contractors, and made
available upon request.
(b) The recipient shall not award contracts toy any firm that has been debarred for noncompliance
from the Federal -Labor Standards, Title VI of the- Civil Rights Act of 1964, as-amended, or any
firm that appears on the EPA's list of debarred firms. The recipient shall also comply with 40
CFR 32. (Complete the Debarment Certification in the SRF Special Conditions)
(c) The recipient shall require all prime construction contractors, aspart of their bid, to certify that
subcontracts have not and will not be awarded to any firm that has been debarred for
noncompliance from the Federal Labor Standards, Title VI of the Civil Rights Act of 1964, as
amended, or Executive Order 11246, as amended, or any firm that appears on the EPA's list of
debarred firms. (Complete the Debarment Certification in the SRF Special Conditions for each
Subcontractor)
(d) The recipient shall require all contractors on the project to comply with the Department of
Labor's Safety and Health Regulations for construction promulgated under the Occupational
Safety and Health Act of 1970 (PL 91-946), under Section 107 of the Contract Work Hours and
Safety Standards Act (PL 91-54).
4. Acquisition of Real Property:
The recipient shall comply with all applicable provisions of the Uniform Relocation and Real
Property Acquisition Policies Act of 1970 (PL 92-646), as amended, in regard to acquisition of
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all real property, (including easements), for the project covered by this loan, and any resulting
relocation of persons, businesses, or farm operations, See Assurance 8.
5. Prompt Payment and Payment Retainage:
It is the policy of the State of North Carolina to make timely periodic loan disbursements to the
recipient, and to require the recipient to make prompt periodic payment on subagreements.
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
conditions of this loan and subsequent amendments;
(a) The recipient agrees to make prompt payment to its contractor, and to retain only such
amount as allowed by North Carolina General Statute.
(b) The recipient agrees to include appropriate provisions in each construction contract, and to
require the prime contractorrto include them in all subcontracts, to implement this prompt
payment requirement.
6. 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.
ASSURANCES
1. The recipient acknowledges that in the event that a milestone contained in the most recent Clean Water
State Revolving Fund Intended -Use Plan and/or the Notice of Intent to Fund is not met, this State Loan or
Grant offer may be rescinded by the Department of Environment and Natural Resources.
2. The final plans and specifications -have or will be approved by the Division of Water Quality and the
applicant so notified, prior to the project being advertised or placed on the market for bids.
3. _Eligible project expenses are as discussed in the North Carolina Clean Water SRF Program Guidance.
Projects will not receive reimbursement for sales taxes. Sales taxes are deducted from project costs at the
90% milestone in accordance with the SRF Program Guidance.
4. The applicant agrees to construct the project or cause it to be constructed to final completion in
accordance with the application and-plans and specifications approved by the Division of Water Quality.
5. The construction contract(s) requires the contractor to furnish performance and payment bonds, each of
which is in an amount of not less than one hundred percentum (100%) of the contract price; and to
maintain during the life of the contract(s) adequate fire, extended coverage, workmen's compensation,
public liability, and property damage insurance.
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 ordfinances.
7. Any change or changes in the approved plans and specifications or contract(s) which (has/have) made or
will make any major alteration in the work required by the plans and specifications, orwhich increases the
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cost of the project above the latest estimate approved by the Department of Environment and Natural
Resources, was or will be submitted to the Division of Water Quality for approval.
8. The construction contract(s) provides that any duly authorized representative ofthe State will have access
to the work whenever it is in preparation or progress, and that the contractor will provide proper facilities
for such access and inspection. Further, any authorized representative of the-State shall have access, for
the purpose of audit and examination, to any books, documents, papers and records of the applicant that
are pertinent to funds received under the Act; and the applicant shall submit to the Division of Water
Quality such documents and information as it may require in connection with the project.
9. The applicant will provide and maintain competent and adequate engineering supervision and inspection
of the project to insure that the construction conforms with the approved plans and specifications. Proof
of adequate inspection is required as part of the Project Bid Information package.
10. The applicant shall demonstrate to the satisfaction of the Department of Environment and Natural
Resources 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 undisturbe~f use and possession for the
purpose of construction and operation for the estimated life of the project prior to the authorization to
award construction contracts. No loan disbursements wi11 be made until clear site certificates are
submitted.
11. At least thirty (30) days, shall be allowed from the first date of publicat-ion to the date of bid opening.
12. The Project Bid Information package, including MBE and WBE (DBE) requirements; mustbe submitted and
approved prior to the State issuing an Authorization to Award letter. If the approval of the debt
instrument for this loan is necessary for the applicant to award contracts, the completed Project Bid
Information and supporting documentation must be delivered to the Division of Water Quality a minimum
of twenty (20) days prior to the award of contracts.
13. The recipient shall not award any contracts for construction until the Authority to
Award is given by the State. Doing so, will be at the risk of the award recipient.
14. Recipient acknowledges that no loan disbursements will be made until the contract documents are
submitted and approved. The recipient shall notify the State when contracts are awarded.
15. The recipient shall conduct a preconstruction conference, if applicable, for each construction contract
in cooperation with the State, and, in accordance with guidelines which shall be furnished by the
State. The State shall be invited to the conference.
16. The Local Government Commission will forward the debt instrument after total project costs are
established in the Authority to Award Letter. The applicant must execute the debt instrument a minimum
of ten (10) days prior to the request of disbursement of loan funds.
17. Recipient acknowledges that no loan disbursements will be made on the engineering planning and
design or construction phase services until the contracts are submitted and approved.
18. Recipient acknowledges that no loan disbursements will be made until the recipient has enacted the
User Charge System and the Sewer Use Ordinance, as approved by the State.
19. Eligible small purchases estimated to exceed $10,000 require three informal bids for approval.
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20. Recipient acknowledges that no more than ninety (90) percent of the loan may be disbursed before
the final O&M Manual is submitted and approved.
21. Within thirty (30) days of the date of completion of the project, the applicant wul make available to the
Construction Grants Section staff all requested project closeout items including final costs for the purpose
of making final adjustments to the Revolving Loan and debt instrument.
22. The recipient, one year after the completion of construction and initial operation of the wastewater
fatuities, shall certify whether or not such treatment works meet the design specifications and effluent
limitations, according to the Division of Water Quality's Performance Certification Policy.
23. All principal payments wul be made annually on or before May 1St. The first principal payment is due nvt
earlier than six months after the original date of completion of the project. All interest payments will be
made semiannually on or before May 1St and November-1St of each year. The first interest payment is due
not earlier than -six months after the original date of completion of the project.
24. In accordance with G.S. 159-26(b){6), a capital project fund is required to-account for all debt instrument
.proceeds used to finance capital projects. It is requiredthat a capital project ordinance, in accordance with
G.S. 159-13.2, be adopted by the governing board authorizing all appropriations necessary for the
completion of the project. A copy of the approved ordinance must be submitted to this office before
submitting the first reimbursement request.
25. 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 (3) years following
completion of the project.
26. Each Loan recipient will be required to submit an annual audit, prepared by an independent external
auditor, in accordance with GS 159-34.
27. All funds loaned pursuant to North Carolina General Statute 159G shall be expended solelyfor carrying out
the approved project anal an audit shall be performed in accordance with G.S. 159-34, as amended. 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 con#ract(s) and the loan recipient is expected to uphold its contract
obligations regarding timely payment. See Standard Condition 5.
28. The applicant shall demonstrate to the satisfaction of the Department of Environment and Natural
Resources its ability to pay the remaining or ineligible cost of the project.
Acknowledeement of Standard Conditions and Assurances
The Applicant hereby gives assurance to the Department of Environment and Natural Resources that the
declarations, assurances, representations, and statements made bythe applicant in the application; and
all documents, amendments, and communications filed with the Department of Environment and Natural
Resources by the applicant in support of its request for a loan will be fulfilled.
Signature Date