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U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 RAISE GRANT PROGRAM
This agreement is between the United States Department of Transportation (the “USDOT”) and the State of California Department of Transportation (the “Recipient”).
This agreement reflects the selection of the Recipient to receive a RAISE Grant for the Building A Better-Connected Inland Empire project.
If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient’s assistance and oversight.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS.
1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program: FHWA Projects,” dated October 18, 2022, which is available at https://www.transportation.gov/policy- initiatives/raise/raise-grant-agreements. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, terminating of the RAISE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the RAISE Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.
ARTICLE 2
SPECIAL TERMS AND CONDITIONS.
There are no special terms for this award.
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SCHEDULE A
ADMINISTRATIVE INFORMATION
1. Application.
Application Title: Building A Better-Connected Inland Empire Application Date: April 14, 2022
2. Recipient’s Unique Entity Identifier.
See section 23.3 of the General Terms and Conditions.
3. Recipient Contact(s).
Alberto Vergel de Dios
District Local Assistance Engineer
State of California Department of Transportation
District 8, Planning/Local Assistance
464 W. Fourth Street, MS 760
San Bernardino, CA 92401-1400
(909) 806-3944
[email protected]
4. Recipient Key Personnel.
None.
5. USDOT Project Contact(s).
Peter Pangilinan
Discretionary Grants and Emergency Relief Program Manager Sr. Transportation Engineer - District 1, 2, 6, 10
Project Delivery Team
FHWA – California Division
650 Capitol Mall, Suite 4-100
Sacramento, CA 95814
(916) 498-5886
[email protected]
6. Payment System.
USDOT Payment System: FMIS
7. Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHWA Division 3 of 20
8. Federal Award Identification Number.
See section 23.2 of the General Terms and Conditions.
9. Designated Subrecipient.
Designated Subrecipient: City of Fontana
Designated Subrecipient Project Contacts:
Gia Kim
Public Works Director/City Engineer
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6655
[email protected]
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SCHEDULE B
PROJECT ACTIVITIES
1. General Project Description.
This project will provide major complete streets improvements, including additional lane capacity, integrated traffic system, medians with protected left turns, bus turnouts, streetlights, signage, roundabout, and raised medians, approximately 5 miles of Class II bike trails, approximately 2.5 miles of Class I bike lanes, approximately 5 miles of ADA compliant sidewalks, approximately 0.5 mile multi-use trails, pedestrian crosswalks, bridge, and countdown signal heads. The project limits are Victoria Street between I-15/Cherry Avenue Interchange westbound ramp intersection and Cherry Avenue and Cherry Avenue between SR-210 and Baseline Road, as depicted in Exhibit 1: Project Location and Scope of Work on page 4 in the grant application.
2. Statement of Work.
The project scope includes realignment, widening ROW to enable 20’ lanes, and reconstructing approximately 5,000 feet of Victoria Street from a two-lane rural roadway to 4-lane collector street from Interstate 15/Cherry Avenue Interchange westbound ramp intersection to Cherry Avenue. Other improvements to Victoria Street include the following:
Add 10’ median, sidewalk, curb, and gutter
Realign roadway to crease a four-way intersection
Add Class I and Class II bicycle lanes
Pedestrian crossing/signal at trail intersection
Add lighting, roundabout, and two bus turnouts
Broadband, stormwater, sewer, water, and recycled water infrastructure San Sevaine Multi-Use Trail Improvements
Pedestrian Bridge over Channel
Widening and capacity improvements to approximately 1.2 miles of the four-lane rural roadway Cherry Avenue from State Route 210 to Baseline Avenue. Improvements to Cherry Avenue include the following:
Widen ROW to six lanes
Add 20’ raised median, sidewalk, curb, and gutter
New traffic signals at Cherry Avenue and South Highland Avenue intersection and Cherry Avenue and Victoria Street/Walnut Avenue intersection. Add Class I and Class II bicycle lanes
Add lighting and two bus turnouts
Broadband, stormwater, sewer, water, and recycled water infrastructure
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SCHEDULE C
AWARD DATES AND PROJECT SCHEDULE
1. Award Dates.
Budget Period End Date: December 31, 2027
Period of Performance End Date: See section 4.5 of the General Terms and Conditions
2. Estimated Project Schedule.
Milestone Schedule Date
Planned Construction Substantial Completion and Open
to Traffic Date:
December 31, 2026
3. Special Milestone Deadlines.
None.
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SCHEDULE D
AWARD AND PROJECT FINANCIAL INFORMATION
1. Award Amount.
RAISE Grant Amount: $15,000,000
2. Federal Obligation Information.
Federal Obligation Type: Single
3. Approved Project Budget.
Eligible Project Costs
Total
RAISE Funds: $15,000,000
Other Federal Funds: $1,714,222
Non-Federal Funds: $5,709,027
Total: $22,423,249
4. Cost Classification Table
Reserved.
5. Approved Pre-award Costs
None. The USDOT has not approved under this award any costs incurred under an advanced construction authorization (23 U.S.C. 115), any costs incurred prior to authorization (23 C.F.R. 1.9(b)), or any pre-award costs under 2 C.F.R. 200.458. 7 of 20
SCHEDULE E
CHANGES FROM APPLICATION
Scope: No Change.
Schedule: The SF-424 for this project shows the project beginning on 11/21/2022 and ending on 12/31/2022, this was an error when completing the form. The construction of the project is expected to begin in early 2025 and be completed in December 2026. The application states that the anticipated completion date in December 2025. The delay in schedule is due to many unforeseen challenges, including longer than anticipated environmental review, design refinement, and agreement processing time. The project team is diligently working to catch up to the schedule as much as possible.
Budget: The city requested $15,088,195, but the awarded amount was $15,000,000 as shown on Schedule D. The City of Fontana will be responsible to fund the difference.
The table below provides a summary comparison of the Project budget.
Fund Source
Application Schedule D
$ % $ %
Previously Incurred Costs
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
RAISE Funds 15,088,195 67% 15,000,000 67%
Other Federal Funds $1,714,222 7.6% 1,714,222 8%
Non-Federal Funds 5,620,832 25.4% 5,709,027 25%
Total Future Eligible Project
Costs 22,423,249 100% 22,423,249 100%
Total Project Costs 22,423,249 22,423,249
Other: N/A
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SCHEDULE F
RAISE PROGRAM DESIGNATIONS
1. Urban or Rural Designation.
Urban-Rural Designation: Urban
2. Capital or Planning Designation.
Capital-Planning Designation: Capital
3. Historically Disadvantaged Community or Area of Persistent Poverty Designation.
HDC or APP Designation: No
4. Funding Act.
Funding Act: IIJA FY2022
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SCHEDULE G
RAISE PERFORMANCE MEASUREMENT INFORMATION
Study Area: Data will be collected on Cherry Avenue between SR-210 and Baseline Ave and Victoria Avenue between I-15 and Cherry Avenue
Baseline Measurement Date: June 1, 2024
Baseline Report Date: July 1, 2024
Table 1: Performance Measure Table
Measure Category and Description Measurement
Frequency
Auto Crash Rates
Safety
Crash rates will be measured and reported
as crashers per 100 million VMT and
identified by the following severity
categories: fatal, injury, and property-
damage-only (PDO) crashed
Annual
Average Intersection Delay
Economic Competitiveness, Quality of
Life and
The measure assesses the time spent
stopped in queue while waiting to pass
through the intersection.
Annual
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SCHEDULE H
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
1. Consideration of Climate Change and Environmental Justice Impacts.
The Recipient states that rows marked with “X” in the following table are accurate:
X The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
X The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)
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The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.
2. Supporting Narrative.
The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions - The Building A Better Connected Inland Empire project (Project) supports San Bernardino County Transportation Authority’s (SBCTA’s) Regional Greenhouse Gas Reduction Plan. The plan outlines Fontana’s adopted policy statements which support and promote regional transit system, developing non-motorized trails and bicycle routes, increasing densities via transit-oriented development, and linking activity center with residential neighborhoods. The Project supports the plan by proposing infrastructure that include trail, bike lanes, and transit systems.
The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities – Prior to the application submittal, the City used the EJSCREEN and confirmed that the neighborhoods near the project limits are of high concern from an environmental justice perspective, and concluded that environmental and infrastructure improvements will help to reduce pollution and improve air 12 of 20
quality. With the proposed improvements, which promote more active, less-car dependent lifestyles, a minimal impact to the environmental justice communities is expected.
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SCHEDULE I
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with “X” in the following table are accurate:
A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
X
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
X
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) X
The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.)
The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.
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2. Supporting Narrative.
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project – City will develop an equity plan for the overall project in the months to come and will proactively work to address issues related to racial equity.
The plan will list specific diversity and inclusion goals and maintaining the goals throughout the project. A project personnel who will be assigned and accountable for meeting each goal.
Deadlines and actual measurements in achieving the goals will also be included.
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation - Almost 10% of the proposed project funds are to construct about
4.4 miles of ADA-compliant separated sidewalks (with curbs and gutters) and pedestrian walkways/trails, where none currently exist. Other pedestrian safety improvements include:
pavement markings, pedestrian countdown signal heads at signalized and unsignalized intersections, pedestrian bridge across the San Sevaine Channel, safety signs, ADA ramps, and street lighting. The project site is surrounded by neighborhoods, some of which have a low- income population of up to 22%, while nearby areas reach as high as 48% low income. We anticipate that the students residing in these low-income neighborhoods, who typically walk to school, will experience direct and significant advantages from the project's complete street components.
The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation – The project includes sidewalks, ADA-compliant curb ramps and Class 1 bike lanes where none currently exist. The proposed improvements will provide more pedestrian-friendly travel for students attending the schools within the project area.
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SCHEDULE J
LABOR AND WORK
1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:
The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.) X
The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)
X
The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)
The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.)
The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
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The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
X
The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)
The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award.
2. Supporting Narrative.
The City of Fontana has efforts in place to prevent harassment. It is the City’s policy that no person, corporation, partnership, company, or other individual or entity located within, or conducting business within, the city's limits shall discriminate against any other person or entity in the provision of and/or opportunity to participate in or enter into a place of business, obtain 17 of 20
housing, use public accommodations, obtain an education, obtain and maintain employment, enter into a contract, and/or participate in or obtain any program, service, or amenity provided to the general public on the basis of the latter's race, color, religion, national origin, gender, disability, sexual orientation, gender identity or expression, family or marital status, ancestry, age, and/or veteran status. These efforts will be announced for the project through the City’s advertising and selection process for consultants and contractors. These will be implemented in the contracts with oversight by the City.
The construction project will also use the On-the-Job Training (OJT) program and registered apprenticeship program to create a diverse workforce through the training and upgrading of minorities, women, and disadvantaged people in highway heavy construction. The programs seek to improve access for people to reach journey level positions and develop high-quality career path. The project Contractor will be required to prepare an OJT Program Proposal and apprenticeship program as part of the Contract award. The constriction contractor will be required to submit Form FHWA-1391 or equivalent, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work.
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RECIPIENT SIGNATURE PAGE
The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.
State of California Department of Transportation
Date
By: Signature of Recipient’s Authorized Representative
Tony Tavares, Director
California Department of Transportation
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DESIGNATED SUBRECIPIENT SIGNATURE PAGE
The Designated Subrecipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.
City of Fontana
Date
By: Signature of Designated Subrecipient’s Authorized
Representative
Matthew Ballantyne
Name
City Manager
Title
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USDOT SIGNATURE PAGE
The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.
UNITED STATES DEPARTMENT OF
TRANSPORTATION
Date
By: Signature of USDOT’s Authorized Representative
Elissa Konove
Name
Acting FHWA California Division Administrator
Title
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U.S. DEPARTMENT OF TRANSPORTATION
GENERAL TERMS AND CONDITIONS UNDER THE
FISCAL YEAR 2022 REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) GRANT PROGRAM:
FHWA PROJECTS
Revision date: October 18, 2022
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Table of Contents
Article 1 Purpose............................................................................................................................. 6
1.1 Purpose. ............................................................................................................................ 6 Article 2 USDOT Role.................................................................................................................... 6
2.1 Division of USDOT Responsibilities. .............................................................................. 6
2.2 USDOT Program Contacts. .............................................................................................. 7 Article 3 Recipient Role.................................................................................................................. 7
3.1 Statements on the Project. ................................................................................................ 7
3.2 Statements on Authority and Capacity. ............................................................................ 7
3.3 USDOT Reliance.............................................................................................................. 8
3.4 Project Delivery................................................................................................................ 8
3.5 Rights and Powers Affecting the Project. ........................................................................ 8
3.6 Notification of Changes to Key Personnel. ...................................................................... 8
3.7 Subaward to Designated Subrecipient.............................................................................. 9
3.8 Designated Subrecipient Statements and Responsibilities. .............................................. 9
3.9 Title 23 Oversight Responsibilities for Subawards. ......................................................... 9 Article 4 Award Amount, Obligation, and Time Periods ............................................................... 9
4.1 Federal Award Amount. ................................................................................................... 9
4.2 Federal Funding Source. .................................................................................................. 9
4.3 Federal Obligations. ....................................................................................................... 10
4.4 Budget Period. ................................................................................................................ 11
4.5 Period of Performance. ................................................................................................... 11 Article 5 Statement of Work, Schedule, and Budget Changes ..................................................... 12
5.1 Notification Requirement. .............................................................................................. 12
5.2 Scope and Statement of Work Changes. ........................................................................ 12
5.3 Schedule Changes. ......................................................................................................... 12
5.4 Budget Changes.............................................................................................................. 12
5.5 USDOT Acceptance of Changes. ................................................................................... 13 Article 6 General Reporting Terms ............................................................................................... 14
6.1 Report Submission. ........................................................................................................ 14
6.2 Alternative Reporting Methods. ..................................................................................... 14
6.3 Paperwork Reduction Act Notice. .................................................................................. 14 Article 7 Progress and Financial Reporting .................................................................................. 14
7.1 Quarterly Project Progress Reports and Recertifications. .............................................. 14
7.2 Final Progress Reports and Financial Information. ........................................................ 14 Article 8 Performance Reporting .................................................................................................. 15
8.1 Baseline Performance Measurement. ............................................................................. 15
8.2 Post-construction Performance Measurement. ............................................................... 15
8.3 Project Outcomes Report. .............................................................................................. 15
8.4 Performance Reporting Survival. ................................................................................... 16 Article 9 Noncompliance and Remedies....................................................................................... 16
9.1 Noncompliance Determinations. .................................................................................... 16
9.2 Remedies. ....................................................................................................................... 17
9.3 Other Oversight Entities. ................................................................................................ 17 Article 10 Agreement Termination ............................................................................................... 18
10.1 USDOT Termination. ..................................................................................................... 18 3 of 32
10.2 Closeout Termination. .................................................................................................... 18
10.3 Post-Termination Adjustments. ...................................................................................... 18
10.4 Non-Terminating Events. ............................................................................................... 19
10.5 Other Remedies. ............................................................................................................. 19 Article 11 Monitoring, Financial Management, Controls, and Records ....................................... 19
11.1 Recipient Monitoring and Record Retention. ................................................................ 19
11.2 Financial Records and Audits. ....................................................................................... 19
11.3 Internal Controls. ............................................................................................................ 20
11.4 USDOT Record Access. ................................................................................................. 20 Article 12 Contracting and Subawards ......................................................................................... 20
12.1 Minimum Wage Rates. ................................................................................................... 20
12.2 Buy America. ................................................................................................................. 20
12.3 Small and Disadvantaged Business Requirements......................................................... 21
12.4 Engineering and Design Services. .................................................................................. 21
12.5 Foreign Market Restrictions. .......................................................................................... 21
12.6 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. ................................................................................................................. 21
12.7 Pass-through Entity Responsibilities. ............................................................................. 21
12.8 Subaward and Contract Authorization. .......................................................................... 21 Article 13 Costs, Payments, and Unexpended Funds ................................................................... 22
13.1 Limitation of Federal Award Amount. ........................................................................... 22
13.2 Projects Costs. ................................................................................................................ 22
13.3 Timing of Project Costs.................................................................................................. 22
13.4 Recipient Recovery of Federal Funds. ........................................................................... 22
13.5 Unexpended Federal Funds. ........................................................................................... 22
13.6 Timing of Payments to the Recipient. ............................................................................ 22
13.7 Payment Method. ........................................................................................................... 23
13.8 Information Supporting Expenditures. ........................................................................... 23
13.9 Reimbursement Frequency. ............................................................................................ 23 Article 14 Liquidation, Adjustments, and Funds Availability ...................................................... 23
14.1 Liquidation of Recipient Obligations. ............................................................................ 23
14.2 Funds Cancellation. ........................................................................................................ 24 Article 15 Agreement Modifications ............................................................................................ 24
15.1 Bilateral Modifications. .................................................................................................. 24
15.2 Unilateral Contact Modifications. .................................................................................. 24
15.3 USDOT Unilateral Modifications. ................................................................................. 24
15.4 Other Modifications. ...................................................................................................... 24 Article 16 Climate Change and Environmental Justice ................................................................ 25
16.1 Climate Change and Environmental Justice................................................................... 25 Article 17 Racial Equity and Barriers to Opportunity .................................................................. 25
17.1 Racial Equity and Barriers to Opportunity. .................................................................... 25 Article 18 Labor and Work ........................................................................................................... 25
18.1 Labor and Work. ............................................................................................................ 25 Article 19 Federal Financial Assistance, Administrative, and National Policy Requirements .... 25
19.1 Uniform Administrative Requirements for Federal Awards. ......................................... 25
19.2 Federal Law and Public Policy Requirements. .............................................................. 25 4 of 32
19.3 Federal Freedom of Information Act. ............................................................................ 26
19.4 History of Performance. ................................................................................................. 26
19.5 Whistleblower Protection. .............................................................................................. 26
19.6 External Award Terms and Obligations. ........................................................................ 26
19.7 Incorporated Certifications. ............................................................................................ 27 Article 20 Assignment .................................................................................................................. 27
20.1 Assignment Prohibited. .................................................................................................. 27 Article 21 Waiver .......................................................................................................................... 27
21.1 Waivers........................................................................................................................... 27 Article 22 Additional Terms and Conditions ................................................................................ 27
22.1 Effect of Urban or Rural Designation. ........................................................................... 27
22.2 Effect of Historically Disadvantaged Community or Area of Persistent Poverty Designation. ............................................................................................................... 27
22.3 Disclaimer of Federal Liability. ..................................................................................... 28
22.4 Relocation and Real Property Acquisition. .................................................................... 28
22.5 Equipment Disposition. .................................................................................................. 28
22.6 Environmental Review. .................................................................................................. 28
22.7 Railroad Coordination. ................................................................................................... 30 Article 23 Mandatory Award Information .................................................................................... 30
23.1 Information Contained in a Federal Award.................................................................... 30
23.2 Federal Award Identification Number. .......................................................................... 30
23.3 Recipient’s Unique Entity Identifier. ............................................................................. 30 Article 24 Construction and Definitions ....................................................................................... 31
24.1 Schedules. ....................................................................................................................... 31
24.2 Exhibits........................................................................................................................... 31
24.3 Construction. .................................................................................................................. 31
24.4 Integration. ..................................................................................................................... 32
24.5 Definitions. ..................................................................................................................... 32 Article 25 Agreement Execution and Effective Date ................................................................... 32
25.1 Counterparts. .................................................................................................................. 32
25.2 Effective Date. ................................................................................................................ 32 5 of 32
Index of Definitions
Administering Operating Administration ....................................................................................... 7 Designated Subrecipient ................................................................................ Schedule A, Section 9 Environmental Review Entity ....................................................................................................... 28 Federal Share ................................................................................................................................ 13 FHWA ............................................................................................................................................. 7 General Terms and Conditions ..................................................................................................... 32 NOFO .............................................................................................................................................. 6 OMB ............................................................................................................................................. 14 Program Statute ............................................................................................................................. 32 Project ........................................................................................................................................... 32 Project Closeout ............................................................................................................................ 18 Project Cost Savings ..................................................................................................................... 13 RAISE Grant ................................................................................................................................. 32 Recipient .................................................................................................... Project-Specific Recitals Technical Application ................................................................................................................... 32 USDOT ........................................................................................................................................... 6
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GENERAL TERMS AND CONDITIONS
The Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), and the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022) appropriated funds to the United States Department of Transportation (the “USDOT”) for fiscal year 2022 under the heading “National Infrastructure Investments.” The funds are available to carry out 49 U.S.C. 6702 by providing Federal financial assistance for surface transportation infrastructure projects that will have a significant local or regional impact. The USDOT program administering those funds is the RAISE grant program.
On January 14, 2022, the USDOT posted a funding opportunity at Grants.gov with funding opportunity title “FY 2022 National Infrastructure Investments” and funding opportunity number DTOS59-22-RA-RAISE. The notice of funding opportunity posted at Grants.gov, as amended on March 22, 2022, (the “NOFO”) solicited applications for Federal financial assistance under the fiscal year 2022 RAISE grant program. On August 11, 2022, the USDOT announced application selections under the NOFO.
These general terms and conditions are incorporated by reference in a project-specific agreement under the fiscal year 2022 RAISE grant program. The term “Recipient” is defined in the project-specific portion of the agreement. The project-specific portion of the agreement includes schedules A through J. The project-specific portion of the agreement may include special terms and conditions in project-specific articles.
ARTICLE 1
PURPOSE
1.1 Purpose. The purpose of this award is to fund an eligible project that will have a significant local or regional impact and improve transportation infrastructure. The parties will accomplish that purpose by achieving the following objectives:
(1) timely completing the Project; and
(2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Technical Application, as modified by schedule D.
ARTICLE 2
USDOT ROLE
2.1 Division of USDOT Responsibilities.
(a) The Office of the Secretary of Transportation is responsible for the USDOT’s overall administration of the RAISE grant program, the approval of this agreement, and any modifications to this agreement under section 15.1.
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(b) The Federal Highway Administration (the “FHWA”) will administer this agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA.
2.2 USDOT Program Contacts.
FHWA RAISE Program Manager
Federal Highway Administration
Office of Freight Management and Operations
1200 New Jersey Avenue SE
Room E84-429
Washington, DC 20590
(202) 366-2639 or (202) 366-1200
[email protected]
and
OST RAISE Grants Coordinator
United States Department of Transportation
Office of the Secretary
1200 New Jersey Avenue SE
Room W84-227
Washington, DC 20590
(202) 366-8914
[email protected]
ARTICLE 3
RECIPIENT ROLE
3.1 Statements on the Project. The Recipient states that:
(1) all material statements of fact in the Technical Application were accurate when that application was submitted; and
(2) schedule E documents all material changes in the information contained in that application.
3.2 Statements on Authority and Capacity. The Recipient states that:
(1) it has the authority to receive Federal financial assistance under this agreement; (2) it has the legal authority to complete the Project; (3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement;
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(4) not less than the difference between the total eligible project costs listed in section 3 of schedule D and the RAISE Grant Amount listed in section 1 of schedule D is committed to fund the Project;
(5) it has sufficient funds available to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and
(6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 3 and in section 19.7 on behalf of the Recipient.
3.3 USDOT Reliance. The Recipient acknowledges that:
(1) the USDOT relied on statements of fact in the Technical Application to select the Project to receive this award;
(2) the USDOT relied on statements of fact in both the Technical Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO;
(3) the USDOT relied on statements of fact in both the Technical Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.
3.4 Project Delivery.
(a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all Federal laws, regulations, and policies that are applicable to projects of the Administering Operating Administration.
3.5 Rights and Powers Affecting the Project.
(a) The Recipient shall not take or permit any action that deprive it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT.
(b) The Recipient shall act promptly, in a manner acceptable to the USDOT, to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement.
3.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in section 5 of schedule A in writing within 30 9 of 32
calendar days of any change in key personnel who are identified in section 4 of schedule A.
3.7 Subaward to Designated Subrecipient. If section 9 of schedule A identifies a Designated Subrecipient:
(1) the Recipient hereby awards a subaward to the Designated Subrecipient for the purpose described in section 1.1;
(2) the Recipient and the Designated Subrecipient may enter into a separate agreement, to which the USDOT is not a party, assigning responsibilities, including administrative and oversight responsibilities, among the Recipient and the Designated Subrecipient; and
(3) for the purpose of 2 C.F.R. parts 200 and 1201, the Recipient is a pass-through entity.
3.8 Designated Subrecipient Statements and Responsibilities. If section 9 of schedule A identifies a Designated Subrecipient:
(1) the Designated Subrecipient affirms all statements and acknowledgments that are attributed to the Recipient under sections 3.1 and 3.2; and (2) the Designated Subrecipient assumes the Recipient’s reporting obligations under articles 7 and 8.
3.9 Title 23 Oversight Responsibilities for Subawards. If section 9 of schedule A identifies a Designated Subrecipient, then for the purpose of 23 U.S.C. 106(g), the Recipient shall act as if funds under this award are Federal funds under title 23, United States Code.
ARTICLE 4
AWARD AMOUNT, OBLIGATION, AND TIME PERIODS
4.1 Federal Award Amount. The USDOT hereby awards a RAISE Grant to the Recipient in the amount listed in section 1 of schedule D as the RAISE Grant Amount.
4.2 Federal Funding Source.
(a) If section 4 of schedule F identifies the Funding Act as “IIJA,” then the RAISE Grant is from RAISE grant program funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021). (b) If section 4 of schedule F identifies the Funding Act as “FY2022,” then the RAISE Grant is from RAISE grant program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022). 10 of 32
(c) If section 4 of schedule F contains a table that lists separate amounts for “IIJA” and “FY2022,” then the amount listed for “IIJA” is from RAISE grant program funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021) and the amount listed for “FY2022” is from RAISE grant program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022).
4.3 Federal Obligations.
(a) If the Federal Obligation Type identified in section 2 of schedule D is “Single,” then this agreement obligates for the budget period the amount listed in section 1 of schedule D as the RAISE Grant Amount and sections 4.3(c)–4.3(h) do not apply to this agreement. (b) If the Federal Obligation Type identified in section 2 of schedule D is “Multiple,” then an amount up to the RAISE Grant Amount listed in section 1 of schedule D will be obligated with one initial obligation and one or more subsequent, optional obligations, as described in sections 4.3(c)–4.3(h).
(c) The Obligation Condition Table in section 2 of schedule D allocates the RAISE Grant among separate portions of the Project for the purpose of the Federal obligation of funds.
The scope of each portion of the Project that is identified in that table is described in section 2 of schedule B.
(d) This agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2 of schedule D to portions of the Project for which that table does not list an obligation condition. (e) This agreement does not obligate amounts allocated in the Obligation Condition Table in section 2 of schedule D to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only as described in section 4.3(f) or by modifying this agreement under article 15. (f) For each portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, the amount allocated in that table to that portion of the Project is obligated if, not later than the statutory lapse date identified in section
4.3(h) for that portion of the Project, the parties execute an instrument, in the form provided in Exhibit D, documenting that:
(1) the USDOT determines that the obligation condition listed in that table for that portion of the Project is satisfied;
(2) the USDOT determines that all applicable Federal requirements for obligating the amount are satisfied; and
(3) the Recipient states that it is not required to request a modification of this agreement under article 5.
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(g) The Recipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 4.3(f).
(h) RAISE grant program funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), lapses and is unavailable for obligation, by statute, after September 30, 2026. RAISE grant program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022) will not lapse and remains available for obligation until expended.
Section 4.2 identifies the specific source or sources of funding for this award. (i) The Recipient acknowledges that:
(1) the USDOT is not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 4.3(f);
(2) any portion of the RAISE Grant that is not obligated under this section 4.3 by the statutory lapse date identified in section 4.3(h) for those funds lapses on the day after that date and becomes unavailable for the Project; and (3) the USDOT may consider the failure to obligate funds by the statutory lapse date identified in section 4.3(h) for those funds to be a basis for terminating this agreement under section 10.1.
4.4 Budget Period. The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 1 of schedule C. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.
4.5 Period of Performance.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the period of performance for this award begins on the date of this agreement and ends on project end date in FMIS.
(b) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the period of performance for this award is listed on page 1, line 6 of the project-specific agreement.
(c) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1. 12 of 32
ARTICLE 5
STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES
5.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 5 of schedule A in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 5.1 is separate from any requirements under this article 5 that the Recipient request modification of this agreement.
5.2 Scope and Statement of Work Changes. If the Project’s activities differ from the activities described in schedule B, then the Recipient shall request a modification of this agreement to update schedule B.
5.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request a modification of this agreement to update schedule C:
(1) a completion date for the Project or a component of the Project is listed in section 2 of schedule C and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 2 of schedule C; (2) a schedule change would require the budget period to continue after the budget period end date listed in section 1 of schedule C; or
(3) the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing” and a schedule change would require the period of performance to continue after the period of performance listed on page 1, line 6 of the project- specific agreement.
For other schedule changes, the Recipient shall follow the applicable procedures of the Administering Operating Administration and document the changes in writing.
5.4 Budget Changes.
(a) The Recipient acknowledges that if the cost of completing the Project increases:
(1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and
(2) the USDOT will not increase the amount of this award to address any funding shortfall.
(b) The Recipient shall request a modification of this agreement to update schedule D if, in comparing the Project’s budget to the amounts listed in section 3 of schedule D:
(1) the total “Non-Federal Funds” amount decreases; or
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(2) the total eligible project costs amount decreases.
(c) For budget changes that are not identified in section 5.4(b), the Recipient shall follow the applicable procedures of the Administering Operating Administration and document the changes in writing.
(d) If there are Project Cost Savings, then the Recipient may propose to the USDOT, in writing consistent with the Administering Operating Administration’s requirements, to include in the Project specific additional activities that are within the scope of this award, as defined in section 1.1 and schedule B, and that the Recipient could complete with the Project Cost Savings.
In this agreement, “Project Cost Savings” means the difference between the actual eligible project costs and the total eligible project costs that are listed in section 3 of schedule D, but only if the actual eligible project costs are less than the total eligible project costs that are listed in section 3 of schedule D. There are no Project Cost Savings if the actual eligible project costs are equal to or greater than the total eligible project costs that are listed in section 3 of schedule D.
(e) If there are Project Cost Savings and either the Recipient does not make a proposal under section 5.4(d) or the USDOT does not accept the Recipient’s proposal under section
5.4(d), then:
(1) in a request under section 5.4(b), the Recipient shall reduce the Federal Share by the Project Cost Savings; and
(2) if that modification reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall refund to the USDOT the difference between the reimbursed costs and the revised award.
In this agreement, “Federal Share” means the sum of the total “RAISE Funds” and “Other Federal Funds” amounts that are listed in section 3 of schedule D. (f) The Recipient acknowledges that amounts that are required to be refunded under section
5.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).
5.5 USDOT Acceptance of Changes. The USDOT may accept or reject modifications requested under this article 5, and in doing so may elect to consider only the interests of the RAISE grant program and the USDOT. The Recipient acknowledges that requesting a modification under this article 5 does not amend, modify, or supplement this agreement unless the USDOT accepts that modification request and the parties modify this agreement under section 15.1.
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ARTICLE 6
GENERAL REPORTING TERMS
6.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 5 of schedule A and all USDOT contacts who are listed in section 2.2.
6.2 Alternative Reporting Methods. The Administering Operating Administration may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the Administering Operating Administration.
6.3 Paperwork Reduction Act Notice. Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Collections of information conducted under this agreement are approved under OMB Control No. 2105- 0563.
ARTICLE 7
PROGRESS AND FINANCIAL REPORTING
7.1 Quarterly Project Progress Reports and Recertifications. On or before the 20th day of the first month of each calendar year quarter and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Project Progress Report and Recertification in the format and with the content described in exhibit C. If the date of this agreement is in the final month of a calendar year quarter, then the Recipient shall submit the first Quarterly Project Progress Report and Recertification in the second calendar year quarter that begins after the date of this agreement.
7.2 Final Progress Reports and Financial Information. No later than 120 days after the end of the period of performance, the Recipient shall submit (1) a Final Project Progress Report and Recertification in the format and with the content described in exhibit C for each Quarterly Project Progress Report and Recertification, including a final Federal Financial Report (SF-425); and (2) any other information required under the Administering Operating Administration’s award closeout procedures.
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ARTICLE 8
PERFORMANCE REPORTING
8.1 Baseline Performance Measurement. If the Capital-Planning Designation in section 2 of schedule F is “Capital,” then:
(1) the Recipient shall collect data for each performance measure that is identified in the Performance Measure Table in schedule G, accurate as of the Baseline Measurement Date that is identified in schedule G; and
(2) on or before the Baseline Report Date that is stated in schedule G, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 8.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in schedule G.
8.2 Post-construction Performance Measurement. If the Capital-Planning Designation in section 2 of schedule F is “Capital,” then
(1) for each performance measure that is identified in the Performance Measure Table in schedule G with quarterly measurement frequency, for each of 12 consecutive calendar quarters, beginning with the first calendar quarter that begins after the Project substantial completion date, at least once during the quarter, the Recipient shall collect data for that performance measure;
(2) for each performance measure that is identified in the Performance Measure Table in schedule G with annual measurement frequency, the Recipient shall collect data for that performance measure on at least three separate occasions: (i) once during the four consecutive calendar quarters that begin after the Project substantial completion date; (ii) once during the fourth calendar quarter after the first collection; and (iii) once during the eighth calendar quarter after the first collection; and
(3) not later than January 31 of each year that follows a calendar year during which data was collected under this section 8.2, the Recipient shall submit to the USDOT a Post-construction Performance Measurement Report containing the data collected under this section 8.2 in the previous calendar year and stating the dates when the data was collected.
If an external factor significantly affects the value of a performance measure collected under this section 8.2, then the Recipient shall identify that external factor in the Post- construction Performance Measurement Report and discuss its influence on the performance measure.
8.3 Project Outcomes Report. If the Capital-Planning Designation in section 2 of schedule F is “Capital,” then the Recipient shall submit to the USDOT, not later than January 31 of 16 of 32
the year that follows the final calendar year during which data was collected under section 8.2, a Project Outcomes Report that contains:
(1) a narrative discussion detailing project successes and the influence of external factors on project expectations;
(2) all baseline and post-construction performance measurement data that the Recipient reported in the Baseline Performance Measurement Report and the Post-construction Performance Measurement Reports; and
(3) an ex post examination of project effectiveness relative to the baseline data that the Recipient reported in the Baseline Performance Measurement Report.
8.4 Performance Reporting Survival. The data collection and reporting requirements in this article 8 survive the termination of this agreement.
ARTICLE 9
NONCOMPLIANCE AND REMEDIES
9.1 Noncompliance Determinations.
(a) If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice.
(b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 9.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may:
(1) accept the remedy;
(2) acknowledge the noncompliance, but propose an alternative remedy; or (3) dispute the noncompliance.
To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance. (c) The USDOT may make a final determination of noncompliance only:
(1) after considering the Recipient’s response under section 9.1(b); or 17 of 32
(2) if the Recipient fails to respond under section 9.1(b), after the time for that response has passed.
(d) To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the bases for that determination.
9.2 Remedies.
(a) If the USDOT makes a final determination of noncompliance under section 9.1, the USDOT may impose a remedy, including:
(1) additional conditions on the award;
(2) any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or
(3) any other remedy legally available.
(b) To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice.
(c) If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 9.2(a), before making a final determination of noncompliance under section 9.1. If it does so, then the notice provided under section 9.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified.
(d) In imposing a remedy under this section 9.2 or making a public interest determination under section 9.2(c), the USDOT may elect to consider the interests of only the USDOT. (e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 9.2 constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).
9.3 Other Oversight Entities. Nothing in this article 9 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities.
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ARTICLE 10
AGREEMENT TERMINATION
10.1 USDOT Termination.
(a) The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
(1) the Recipient fails to obtain or provide any non-RAISE Grant contribution or alternatives approved by the USDOT as provided in this agreement and consistent with schedule D;
(2) a completion date for the Project or a component of the Project is listed in section 2 of schedule C and the Recipient fails to meet that milestone by six months after the date listed in section 2 of schedule C;
(3) the Recipient fails to meet a milestone listed in section 3 of schedule C by the deadline date listed in that section for that milestone; (4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the project schedule in schedule C even if it is beyond the reasonable control of the Recipient; (5) circumstances cause changes to the Project that the USDOT determines are inconsistent with the USDOT’s basis for selecting the Project to receive a RAISE Grant; or
(6) the USDOT determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT.
(c) This section 10.1 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 9.2.
(d) The Recipient may request that the USDOT terminate the agreement under this section
10.1. 10.2 Closeout Termination.
(a) This agreement terminates on Project Closeout.
(b) In this agreement, “Project Closeout” means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance.
10.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT’s 19 of 32
authority to disallow costs, including costs that the USDOT reimbursed before termination, and recover funds from the Recipient.
10.4 Non-Terminating Events.
(a) The end of the budget period described under section 4.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b) The end of the period of performance described under section 4.5 does not terminate this agreement or the Recipient’s obligations under this agreement. (c) The cancellation of funds under section 14.2 does not terminate this agreement or the Recipient’s obligations under this agreement.
10.5 Other Remedies. The termination authority under this article 10 supplements and does not limit the USDOT’s remedial authority under article 9 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340.
ARTICLE 11
MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS
11.1 Recipient Monitoring and Record Retention.
(a) The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure:
(1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334.
11.2 Financial Records and Audits.
(a) The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the Project, and the amount or nature of that portion of the cost of the Project supplied by other sources, and any other financial records related to the project.
(b) The Recipient shall keep accounts and records described under section 11.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 20 of 32
200.301–200.303, 2 C.F.R. 200 subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501–7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2022 RAISE grants program in financial records required for audits under 31 U.S.C. 7501–7506.
Specifically, the Recipient shall:
(1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. 200 subpart F, including “FY 2022” in the program name; and
(2) list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2022” in column c (“Additional Award Identification”).
11.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303.
11.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337.
ARTICLE 12
CONTRACTING AND SUBAWARDS
12.1 Minimum Wage Rates. The Recipient shall include, in all contracts in excess of $2,000 for work on the Project that involves labor, provisions establishing minimum rates of wages, to be predetermined by the United States Secretary of Labor, in accordance with the Davis-Bacon Act, 40 U.S.C. 3141–3148, or 23 U.S.C. 113, as applicable, that contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
12.2 Buy America.
(a) Steel, iron, and manufactured products used in the Project are subject to 23 U.S.C. 313, as implemented by the Federal Highway Administration. The Recipient acknowledges that this agreement is neither a waiver of 23 U.S.C. 313(a) nor a finding under 23 U.S.C. 313(b).
(b) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div.
G, tit. IX, subtit. A, 135 Stat. 429, 1298 (2021), as implemented by OMB, USDOT, and FHWA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
(c) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under this award, provide a preference 21 of 32
for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The Recipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award.
12.3 Small and Disadvantaged Business Requirements.
(a) If any funds under this award are administered by or through a State Department of Transportation, the Recipient shall expend those funds in compliance with the requirements at 49 C.F.R. part 26 (“Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs”). (b) If any funds under this award are not administered by or through a State Department of Transportation, the Recipient shall expend those funds in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”).
12.4 Engineering and Design Services. The Recipient shall award each contract or sub- contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under the Brooks Act, 40 U.S.C. 1101-1104 as implemented in 23 U.S.C. 112(b)(2), or an equivalent qualifications-based requirement prescribed for or by the Recipient and approved in writing by the USDOT.
12.5 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
12.6 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232 and 2 C.F.R. 200.216 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.
12.7 Pass-through Entity Responsibilities. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333.
12.8 Subaward and Contract Authorization.
(a) If the USDOT Office for Subaward and Contract Authorization identified in section 7 of schedule A is “FHWA Division,” then the Recipient shall comply with subaward and contract authorization requirements under 23 C.F.R chapter I, subchapter G. 22 of 32
(b) If the USDOT Office for Subaward and Contract Authorization identified in section 7 of schedule A is “FHWA Office of Acquisition and Grants Management,” then the Recipient shall obtain prior written approval from the USDOT agreement officer for the subaward or contracting out of any work under this agreement. That approval will be contingent upon a fair and reasonable price determination on the part of the Recipient and the agreement officer’s concurrence on that determination.
ARTICLE 13
COSTS, PAYMENTS, AND UNEXPENDED FUNDS
13.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated under section 4.3. The Recipient acknowledges that the USDOT is not liable for payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount.
13.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. 200 subpart E, including provisions on determining allocable costs and determining allowable costs.
13.3 Timing of Project Costs.
(a) The Recipient shall not charge to this award costs that are incurred after the budget period.
(b) The Recipient shall not charge to this award costs that were incurred before the date of this agreement unless those costs are identified in section 5 of schedule D and would have been allowable if incurred during the budget period. This limitation applies to costs incurred under an advance construction authorization (23 U.S.C. 115), costs incurred prior to authorization (23 C.F.R. 1.9(b)), and pre-award costs under 2 C.F.R. 200.458.
This agreement hereby terminates and supersedes any previous USDOT approval for the Recipient to incur costs under this award for the Project. Section 5 of schedule D is the exclusive USDOT approval of costs incurred before the date of this agreement.
13.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT.
13.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 4.1 but not expended on allocable, allowable costs remain the property of the United States.
13.6 Timing of Payments to the Recipient.
(a) Reimbursement is the payment method for the RAISE grant program. 23 of 32
(b) The Recipient shall not request reimbursement of a cost before the Recipient has entered into an obligation for that cost.
13.7 Payment Method.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the Recipient shall follow FMIS procedures to request and receive reimbursement payments under this award.
(b) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the Recipient shall use the DELPHI eInvoicing System to request reimbursement under this award unless the USDOT agreement officer provides written approval for the Recipient to use a different request and payment method. (c) The USDOT may deny a payment request that is not submitted using the method identified in this section 13.7.
13.8 Information Supporting Expenditures.
(a) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs), shall identify the Federal share and the Recipient’s share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel.
(b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail.
13.9 Reimbursement Frequency. If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the Recipient shall not request reimbursement more frequently than monthly.
ARTICLE 14
LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY
14.1 Liquidation of Recipient Obligations.
(a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of (1) 120 days after the end of the period of performance or (2) the statutory funds cancellation date identified in section 14.2. 24 of 32
(b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346.
14.2 Funds Cancellation.
(a) RAISE grant program funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), is canceled by statute after September 30, 2031, and then unavailable for any purpose, including adjustments. (b) RAISE grant program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022) remains available until expended. (c) Section 4.2 identifies the specific source or sources of funding for this award.
ARTICLE 15
AGREEMENT MODIFICATIONS
15.1 Bilateral Modifications. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party.
15.2 Unilateral Contact Modifications.
(a) The Recipient may update the contacts who are listed in section 3 of schedule A by written notice to all of the USDOT contacts who are listed in section 5 of schedule A and section 2.2.
(b) The USDOT may update the contacts who are listed in section 5 of schedule A and section 2.2 by written notice to all of the Recipient contacts who are listed in section 3 of schedule A.
15.3 USDOT Unilateral Modifications.
(a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute.
(b) To unilaterally modify this agreement under this section 15.3, the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective.
15.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 15.1, 15.2, or 15.3. If an amendment, modification, or supplement is not permitted under section 15.1, not permitted under section 15.2, and not permitted under section 15.3, it is void.
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ARTICLE 16
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE
16.1 Climate Change and Environmental Justice. Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), schedule H documents the consideration of climate change and environmental justice impacts of the Project.
ARTICLE 17
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
17.1 Racial Equity and Barriers to Opportunity. Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Jan. 20, 2021), schedule I documents activities related to the Project to improve racial equity and reduce barriers to opportunity.
ARTICLE 18
LABOR AND WORK
18.1 Labor and Work. Consistent with Executive Order 14025, “Worker Organizing and Empowerment” (Apr. 26, 2021), and Executive Order 14052, “Implementation of the Infrastructure Investment and Jobs Act” (Nov. 15, 2021), schedule J documents the consideration of job quality and labor rights, standards, and protections related to the Project.
ARTICLE 19
FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL
POLICY REQUIREMENTS
19.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.
19.2 Federal Law and Public Policy Requirements.
(a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements:
including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
(b) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable. 26 of 32
19.3 Federal Freedom of Information Act.
(a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552.
19.4 History of Performance. Under 2 C.F.R 200.206, any Federal awarding agency may consider the Recipient’s performance under this agreement, when evaluating the risks of making a future Federal financial assistance award to the Recipient.
19.5 Whistleblower Protection.
(a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award.
(b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce.
19.6 External Award Terms and Obligations.
(a) In addition to this document and the contents described in article 24, this agreement includes the following additional terms as integral parts:
(1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements;
(2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation;
(3) 2 C.F.R 175.15(b): Trafficking in Persons; and
(4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters.
(b) The Recipient shall comply with:
(1) 49 C.F.R. part 20: New Restrictions on Lobbying;
(2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964;
(3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and
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(4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance).
19.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference:
(1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying).
ARTICLE 20
ASSIGNMENT
20.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement.
ARTICLE 21
WAIVER
21.1 Waivers.
(a) A waiver of a term of this agreement granted by the USDOT will not be effective unless it is in writing and signed by an authorized representative of the USDOT. (b) A waiver of a term of this agreement granted by the USDOT on one occasion will not operate as a waiver on other occasions.
(c) If the USDOT fails to require strict performance of a term of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that term or breach.
ARTICLE 22
ADDITIONAL TERMS AND CONDITIONS
22.1 Effect of Urban or Rural Designation. Based on information that the Recipient provided to the USDOT, including the Technical Application, section 1 of schedule F designates this award as an urban award or a rural award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing.
22.2 Effect of Historically Disadvantaged Community or Area of Persistent Poverty Designation. If section 3 of schedule F lists “Yes” for the “HDC or APP Designation,” then based on information that the Recipient provided to the USDOT, including the 28 of 32
Technical Application, the USDOT determined that the Project will be carried out in a historically disadvantaged community or an area of persistent poverty, as defined in the NOFO. The Recipient shall incur a majority of the costs under this award in historically disadvantaged communities or areas of persistent poverty.
22.3 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement.
22.4 Relocation and Real Property Acquisition.
(a) To the greatest extent practicable under State law, the Recipient shall comply with the land acquisition policies in 49 C.F.R. 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart. (b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. 24 subparts D–E. (c) The Recipient shall make available to displaced persons, within a reasonable period of time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. 24 subpart E.
22.5 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project:
(1) if the entity that acquired the equipment is a State or a subrecipient of a State, that entity shall dispose of that equipment in accordance with State laws and procedures; and
(2) if the entity that acquired the equipment is neither a State nor a subrecipient of a State, that entity shall request disposition instructions from the Administering Operating Administration.
(b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313–200.316 and 2 C.F.R. 1201.313.
(c) The Recipient shall ensure compliance with this section 22.5 for all tiers of subawards under this award.
22.6 Environmental Review.
(a) In this section, “Environmental Review Entity” means:
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(1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and (2) for all other cases, the FHWA.
(b) Except as authorized under section 22.6(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until:
(1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and
(2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete.
(c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1).
(d) The Recipient acknowledges that:
(1) the Environmental Review Entity’s actions under section 22.6(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and
(2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process.
(f) The activities described in schedule B and other information described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align with schedule B or other information in this agreement, then:
(1) the parties may amend this agreement under section 15.1 for consistency with the selected build alternative; or
(2) if the USDOT determines that the condition at section 10.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 10.1(a)(5). 30 of 32
(g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project.
22.7 Railroad Coordination. If section 3 of schedule C includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way.
ARTICLE 23
MANDATORY AWARD INFORMATION
23.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211:
(1) the “Federal Award Date” is the date of this agreement, as defined under section
25.2;
(2) the “Assistance Listings Number” is 20.933 and the “Assistance Listings Title” is “National Infrastructure Investments”; and
(3) this award is not for research and development.
23.2 Federal Award Identification Number.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the Federal Award Identification Number will be generated when the FHWA Division authorizes the project in FMIS. The Recipient acknowledges that it has access to FMIS and can retrieve the FAIN from FMIS.
(b) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the Federal Award Identification Number is listed on page 1, line 1 of the project-specific agreement.
23.3 Recipient’s Unique Entity Identifier.
(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. 25.415, is available in FMIS.
The Recipient acknowledges that it has access to FMIS and can retrieve the unique entity identifier from FMIS.
(b) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. 25.415, is listed on page 1, line 4 of the project-specific agreement. 31 of 32
ARTICLE 24
CONSTRUCTION AND DEFINITIONS
24.1 Schedules. This agreement includes the following schedules as integral parts:
Schedule A Administrative Information
Schedule B Project Activities
Schedule C Award Dates and Project Schedule
Schedule D Award and Project Financial Information
Schedule E Changes from Application
Schedule F RAISE Program Designations
Schedule G RAISE Performance Measurement Information
Schedule H Climate Change and Environmental Justice Impacts Schedule I Racial Equity and Barriers to Opportunity
Schedule J Labor and Work
24.2 Exhibits. The following exhibits, which are located in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 RAISE Grant Program,” dated October 18, 2022, and available at https://www.transportation.gov/policy- initiatives/raise/raise-grant-agreements, are part of this agreement.
Exhibit A Applicable Federal Laws and Regulations
Exhibit B Additional Standard Terms
Exhibit C Quarterly Project Progress Reports and Recertifications: Format and Content
Exhibit D Form for Subsequent Obligation of Funds
24.3 Construction.
(a) In these General Terms and Conditions:
(1) unless expressly specified, a reference to a section or article refers to that section or article in these General Terms and Conditions;
(2) a reference to a section or other subdivision of a schedule listed in section 24.1 will expressly identify the relevant schedule; and
(3) there are no references to articles or sections in project-specific portions of the agreement that are not contained in schedules listed in section 24.1. (b) If a provision in these General Terms and Conditions or the exhibits conflicts with a provision in the project-specific portion of the agreement, then the project-specific portion of the agreement prevails. If a provision in the exhibits conflicts with a provision in these General Terms and Conditions, then the provision in these General Terms and Conditions prevails.
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24.4 Integration. This agreement constitutes the entire agreement of the parties relating to the RAISE grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the RAISE grant program and awards under that program.
24.5 Definitions. In this agreement, the following definitions apply:
“General Terms and Conditions” means this document, including articles 1–25. “Program Statute” means the collective statutory text:
(1) at 49 U.S.C. 6702;
(2) under the heading “Department of Transportation—Office of the Secretary— National Infrastructure Investments” in title VIII of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading; and (3) under the heading “Department of Transportation—Office of the Secretary— National Infrastructure Investments” in title I of division L of the Consolidated Appropriations Act, 2022 Pub. L. No. 117-103 (Mar. 15, 2022), and all other provisions of that act that apply to amounts appropriated under that heading. “Project” means the project proposed in the Technical Application, as modified by the negotiated provisions of this agreement, including schedules A–J. “RAISE Grant” means an award of funds that were made available under the NOFO. “Technical Application” means the application identified in section 1 of schedule A, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov.
ARTICLE 25
AGREEMENT EXECUTION AND EFFECTIVE DATE
25.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect.
25.2 Effective Date. The agreement will become effective when all parties have signed it. The date of this agreement will be the date this agreement is signed by the last party to sign it.
This instrument constitutes a RAISE Grant when the USDOT’s authorized representative signs it.