Agenda - 01-23-2014 - 6h - Laserfiche WebLink

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5 4. Acquisition of Foal Property: The recipient shall comply withal I applicable provisions of the Uniform Fblocat ion and Foal Property Acquisition Pbl ides Act of 1970(PL92-646), as amended, in regard to acquisition of 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 Fbtainage: It is the policy of the Mate 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 disbursementson 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 agreesto make prompt payment to itscontractor, and to retain only such amount asallowed by North Carolina General Statute. (b) The recipient agreesto include appropriate provisions in each construction contract, and to require the prime contractor to include them in all subcontracts, to implement this prompt payment requirement. 6. The construction oontract(s) requires the contractor to adhere to Davis Bacon and Fblated Acts Provisionsand Proceduresas listed in the Code of Federal FbgulationsChapter 29 Part 5 Section 5(29 CF R5.5). Public Law pertainingto this isalso,enacted in Title 40, United StatesCode,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 Mate Revolving Fund Intended Use Plan and/or the Notice of Intent to F=und is not met,thisState Loan or Grant offer will be rescinded by the Department of Environment and Natural Fbsources. 2. The final plansand specifications have or will be approved by the Division of Water Infrastructure and the applicant so notified, prior to the project being advertised or placed on the market for bids. 3. Bigible project expenses are as discussed in the North Carolina Clean Water 9RF Program Guidance. Projectswill not receive reimbursement for salestaxes.Salestaxes are deducted from project costsat the 90%milestone in accordance with the 9RFProgram 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 Infrastructure. 5. The construction contract(s)requiresthe 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 com pensat ion, public liability, and property damage insurance.