fY 2022 REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) discretionary grant program Recipient - Designated Subrecipient Agreement
This Federal Fiscal Year (FY) 2021-2022 project specific Rebuilding America Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant Program Recipient - Designated Subrecipient Agreement (Agreement) is between the State of California Department of Transportation (Caltrans) Division of Local Assistance (Recipient or Caltrans) and City of Fontana, a municipal corporation organized under the laws of the State of California (Designated Subrecipient), collectively known as “Parties.” Recitals
WHEREAS, RAISE Grant funds were provided under the authority of the Infrastructure Investment and Jobs Act, Pub. L. 117-58 (November 15, 2021), and the Consolidated Appropriations Act, 2023, Pub. L. No 117-328 (Dec. 29, 2022) for fiscal year 2023 under the heading “National Infrastructure Investments,” to carry out 49 U.S.C. § 6702; and WHEREAS, on January 14, 2022, the United State Department of Transportation (USDOT) posted a funding opportunity through the Fiscal Year(s) (FY(s)) 2022, Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program at Grants.gov, with the funding opportunity title “FY 2022 National Infrastructure Investments” and funding opportunity number DTOS59-22-RA-RAISE; and WHEREAS, this 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 Program; and WHEREAS, on or before April 14, 2022, the Designated Subrecipient applied for RAISE Grant funding from the United States Department of Transportation (USDOT) for the Building a Better Connected Inland Empire project (Project), which provides 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; and WHEREAS, the Designated Subrecipient’s application for Project (Grant Application), referenced in section 1 of schedule A of the Grant Agreement under the Fiscal Year 2022 RAISE Grant Program for Project between the USDOT and the Recipient, includes Standard Form 424 and all information and attachments the Designated Subrecipient submitted with that form through Grants.gov, and WHEREAS, on August 11, 2022, the USDOT announced application selections under the NOFO selecting Project for RAISE Grant funding in the amount of $15,000,000.00 for the Project; .and WHEREAS, in this Agreement, “RAISE Grant” means an award of these funds to Project that were made available through the NOFO; and WHEREAS, as a condition to receive the RAISE Grant, the USDOT requires the Recipient and the USDOT, to enter into the USDOT Grant Agreement under the Fiscal Year 2022 RAISE Program Project Agreement for the Building a Better Connected Inland Empire (USDOT Agreement) that awards and allocates $15,000,000.00 in RAISE Grant funding for the Project to the Recipient; and WHEREAS, this Agreement reflects the Recipient decision to subaward the RAISE Grant Project funding to the Designated Subrecipient; and WHEREAS, this Agreement reflects the Designated Subrecipient decision to receive the Subaward, defined in 2 C.F.R. § 200.1, of the RAISE Grant funding for the purpose of carrying out the Federal award; and WHEREAS, the Office of the Secretary of Transportation is responsible for the USDOT’s overall administration of the RAISE Grant Program; and WHEREAS, the Federal Highway Administration (Administering Operating Administration) will administer the USDOT Agreement, on behalf of the USDOT; and WHEREAS, the U.S. Department of Transportation General Terms and Conditions Under the 2022 Rebuilding American Infrastructure with Sustainability and Equity Program (RAISE Terms and Conditions), dated June 23, 2023, is referenced as part of the USDOT Agreement and defines additional responsibilities and requirements that must be followed as a condition to receiving and using the RAISE Grant funding; and WHEREAS, the U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 RAISE Grant Program (Exhibits), dated October 18, 2022, is referenced in the RAISE Terms and Conditions and further defines responsibilities and requirements that must be followed as a condition to receiving and using the RAISE Grant funding; and WHEREAS, the Performance Measurement Guidance for the RAISE Discretionary Grant Program (Performance Measures), updated June 30, 2022, is referenced in this Agreement and used in the USDOT Agreement and the RAISE Terms and Conditions to define responsibilities and requirements regarding the development, measurement, and reporting of project performance measures; and WHEREAS, the Parties want the Designated Subrecipient to carry out the Project with the Recipient acting as the “pass-through” entity for purposes of payment of the federal funds to the Designated Subrecipient, per the requirements on pass-through entities under 2 C.F.R. parts 200 et seq. and 1201 et seq., including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4) where applicable; and WHEREAS, 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; and WHEREAS, on or about August 9, 2017, the Parties entered into an Administering Agency - State Agreement for Federal-Aid Projects agreement (Master Agreement); and WHEREAS, the Parties, will concurrently enter into this Agreement, which defines specific project responsibilities between the Designated Subrecipient and the Recipient for Project and include specific project responsibilities to USDOT that are necessary for the development and timely delivery of the Project; and WHEREAS, this Agreement further establishes oversight and delegation of responsibilities between the Recipient and the Designated Subrecipient, outlined in this Agreement, the Master Agreement, and as allowed per Article 3.7(2) of the RAISE Terms and Conditions.
The Parties therefore agree to the following:
Agreement
Purpose
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:
timely completing the Project; and
ensuring the award funds provided under this Agreement are not used as a substitute for non-Federal investment in the Project, except as proposed in the Grant Application, and as modified by schedule D.
USDOT AND RECIPIENT ROLES
Division of USDOT Responsibilities
The Office of the Secretary of Transportation is responsible for the USDOT’s overall administration of this Grant Program, the approval and execution of the USDOT Agreement, and any modifications to the Recipient Agreement under section 15.1 of the USDOT Agreement.
The Federal Highway Administration (the “FHWA”) will administer the Recipient Agreement on behalf of the USDOT. The “Administering Operating Administration” means the FHWA.
The Recipient is responsible for the approval of this agreement and any modifications to this agreement under section 15.01.
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]
USDOT Program Contacts
The Recipient is the pass-through entity for purposes of payment of the federal funds to the Designated Subrecipient per the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4) where applicable.
Designated Subrecipient Role
Statements on the Project.
The Designated Subrecipient states that:
all material statements of fact in the Grant Application were accurate when that application was submitted; and schedule E documents all material changes in the information contained in that application.
Statements on Authority and Capacity.
The Designated Subrecipient states that:
it has the authority to receive Federal financial assistance under this agreement; it has the legal authority to complete the Project;
it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement; not less than the difference between the total eligible project costs listed in section 3 of schedule D and the Grant Amount listed in section 1 of schedule D is committed to fund the Project; 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 the individual executing this agreement on behalf of the Designated Subrecipient has authority to enter this agreement and make the statements in this article 3 and in section 21.07 on behalf of the Designated Subrecipient.
USDOT and Recipient Reliance.
The Designated Subrecipient acknowledges that:
the USDOT and the Recipient relied on statements of fact in the Grant Application to select the Project to receive this award; the USDOT and the Recipient relied on statements of fact in both the Technical Application and this agreement to determine that the Designated Subrecipient and the Project are eligible under the terms of the NOFO; the USDOT relied on statements of fact in both the Grant Application and the USDOT Agreement to establish the terms of this agreement; and the Recipient relied on statements of fact in both the Grant Application and the USDOT Agreement to establish the terms of this agreement; and the USDOT selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.
3.04 Project Delivery.
The Designated Subrecipient shall complete the Project under the terms of this agreement.
The Designated Subrecipient 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 and the Recipient.
Rights and Powers Affecting the Project.
The Designated Subrecipient shall not take or permit any action that deprive it of any rights or powers necessary to the Recipient’s performance under the USDOT Agreement and to the Designated Subrecipient’s performance under this Agreement, without written approval of the Recipient and the USDOT.
The Designated Subrecipient shall act promptly, in a manner acceptable to the USDOT and the Recipient, to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Designated Subrecipient’s performance under the USDOT Agreement and to the Designated Subrecipient’s performance under this agreement.
3.06 Notification of Changes to Key Personnel.
The Designated Subrecipient shall notify all USDOT and all Recipient representatives who are identified in schedule A in writing within 30 calendar days of any change in key personnel who are also identified in schedule A.
Subaward to Designated Subrecipient.
Schedule A identifies a Designated Subrecipient, therefore:
the Recipient hereby awards a subaward to the Designated Subrecipient for the purpose described in section 1.01; the Recipient and the Designated Subrecipient have chosen to enter into this 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 for the purpose of 2 C.F.R. parts 200 and 1201, the Recipient is a pass-through entity.
Designated Subrecipient Statements and Responsibilities.
Schedule A identifies a Designated Subrecipient, therefore:
the Designated Subrecipient affirms all statements and acknowledgments that are attributed to the Recipient under sections 3.1 and 3.2 of the USDOT Agreement; and the Designated Subrecipient assumes the Recipient's reporting obligations under articles 7 and 8 of the RAISE Terms and Conditions.
Title 23 Oversight Responsibilities for Subawards.
Section 9 of schedule A identifies a Designated Subrecipient therefore, for the purpose of 23 U.S.C. 106(g), the Designated Subrecipient shall act as if funds under this award are Federal funds under title 23, United States Code.
AWARD AMOUNT, OBLIGATION, AND TIME PERIODS
Federal Award Amount.
The USDOT awarded a RAISE Grant to the Recipient in the amount listed in section 1 of schedule D as the RAISE Grant Amount.
The Recipient hereby subawards a RAISE grant to the Designated Subrecipient in the amount listed in 1 of schedule D of the USDOT Agreement as the RAISE subaward Grant Amount.
Federal Funding Source
If section 4 of schedule F identifies the Funding Act as “IIJA,” then the 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).
If section 4 of schedule F identifies the Funding Act as “FY2022,” then the RAISE grant program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022).
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).
Federal Obligations.
If the Federal Obligation Type identified in section 2 of schedule D is “Single,” then:
the USDOT 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. the Designated Subrecipient shall submit a Request for Authorization to the Recipient, per the process and procedures detailed in the Local Assistance Procedures Manual (LAPM) for the amount of funding and the phase of work specified in Schedule D of the USDOT Agreement the federal reimbursable work on Project shall not begin, until the Designated Subrecipient requests and receives FHWA authorization approval via an “E76” document, that shows the appropriate amount of federal funds have been authorized by FHWA to the appropriate phase of work, as detailed in Schedule D of the USDOT Agreement.
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). the Designated Subrecipient shall submit a Request for Authorization to the Recipient, for the amount of funding and phase of work specified in Schedule D of the USDOT Agreement, per the process and procedures detailed in the Local Assistance Procedures Manual (LAPM). The Request for Authorization submitted by the Designated Subrecipient to the Recipient shall not exceed the amount obligated to the project by FHWA and Section 4.03(a) of shall not apply to this Agreement. the RAISE federal reimbursable work on any Project phase of work shall not begin, until the Designated Subrecipient requests and receives FHWA authorization approval via an “E76” document, that shows the appropriate amount of federal funds have been authorized by FHWA to the appropriate phase of work, as detailed in Schedule D of the USDOT Agreement.
The Obligation Condition Table in section 2 of schedule D of the USDOT Agreement 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 of the USDOT Agreement.
The USDOT 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.
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 4.03(f) or by modifying this agreement under article 15.
The USDOT Payment System identified in section 6 of schedule A is “FMIS,” therefore:
the USDOT and Recipient determine that the obligation condition listed in that table for that portion of the Project is satisfied; the USDOT and Recipient determine that all applicable Federal requirements for obligating the amount are satisfied; and the Designated Subrecipient states that it is not required to request a modification of the USDOT Agreement under article 5 of this Agreement.
The Designated Subrecipient 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 4.03(f).
RAISE 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 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 4.02 of this Agreement identifies the specific source or sources of funding for this award.
The Designated Subrecipient acknowledges that:
the USDOT and Recipient are 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. any portion of the RAISE Grant funds that are not obligated by the Designated Subrecipient under section 4.03 of this Agreement by the statutory lapse date identified in section 4.03(h) of this Agreement for those funds lapses on the day after that date and becomes unavailable for the Project; and the USDOT and Recipient may consider the failure to obligate funds by the statutory lapse date identified in section 4.03(h) of this Agreement for those funds to be a basis for terminating this agreement under section 10.01.
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.
Period of Performance.
If the USDOT Payment System identified in section 6 of schedule A is “FMIS” or "FMIS Current Bill," then the period of performance for this award begins on the date of this agreement and ends on project end date in FMIS.
Reserved.
In this Agreement, “period of performance” is used as defined at 2 C.F.R. 200.1.
STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES
Notification Requirement.
The Designated Subrecipient shall notify in writing all USDOT representatives and Recipient representatives who are identified in schedule A of the USDDOT Agreement in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Designated Subrecipient’s capacity or intent to complete the Project in compliance with this agreement.
In that notification, the Designated Subrecipient shall describe the change and what actions the Designated Subrecipient has taken or plans to take to ensure completion of the Project.
The notification requirement under this section 5.01 is separate from any requirements under this article 5 that the Designated Subrecipient request modification of the USDOT Agreement or this Agreement.
Scope and Statement of Work Changes.
If the Project’s activities differ from the activities described in schedule B of the USDDOT Agreement, then the Designated Subrecipient shall request a modification of this agreement to update schedule B of the USDDOT Agreement.
Schedule Changes.
If one or more of the following conditions are satisfied, then the Designated Subrecipient shall request a modification of the USDOT Agreement to update schedule C:
a completion date for the Project or a component of the Project is listed in section 2 of schedule C of the USDOT Agreement and the Designated Subrecipient’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 of the USDOT Agreement; or a schedule change would require the budget period to continue after the budget period end date listed in section 1 of schedule C of the USDOT Agreement.
For other schedule changes, the Designated Subrecipient shall follow the applicable procedures of the Administering Operating Administration and document the changes in writing.
Budget Changes.
The Designated Subrecipient acknowledges that if the cost of completing the Project increases:
that increase does not affect the Designated Subrecipient’s obligation under this Agreement to complete the Project; and the USDOT and Recipient will not increase the amount of the RAISE award and this subaward to address any funding shortfall.
The Designated Subrecipient shall request a modification of the USDOT Agreement to update of this agreement to update schedule D in the USDOT Agreement if, in comparing the Project’s budget to the amounts listed in section 3 of schedule D of the USDOT Agreement:
the total “Non-Federal Funds” amount decreases; or
the total eligible project costs amount decreases.
For budget changes that are not identified in section 5.04(b) of this Agreement, the Designated Subrecipient shall follow the applicable procedures of the Administering Operating Administration and document the changes in writing.
If there are Project Cost Savings, then the Designated Subrecipient may propose to the USDOT and the Recipient, 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 1.01 of this Agreement and schedule B of the USDOT Agreement, and that the Designated Subrecipient 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 of the USDOT Agreement, 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 of the USDOT Agreement. 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 of the USDOT Agreement.
If there are Project Cost Savings and either the Designated Subrecipient does not make a proposal under section 5.04(d) of this Agreement, the USDOT does not accept the proposal under section 5.04(d) of this Agreement, or the Recipient does not accept the Designated Subrecipient’s proposal under section 5.04(d) of this Agreement then:
in a request under section 5.04(b), the Designated Subrecipient shall reduce the Federal Share by the Project Cost Savings; and if that modification reduces this award and the USDOT or Recipient had reimbursed costs exceeding the revised award, the Designated Subrecipient shall refund to the Recipient 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 of the USDOT Agreement.
The Designated Subrecipient acknowledges that amounts that are required to be refunded under section 5.04(e)(2) of this Agreement constitute a debt to the Federal Government that the USDOT and Recipient may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).
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 Program and the USDOT.
The Recipient may accept or reject modifications requested under this article 5, and in doing so may elect to consider only the interests of the RAISE Program and the Recipient.
The Designated Subrecipient acknowledges that requesting a modification under this article 5 does not amend, modify, or supplement this agreement unless:
the Recipient accepts that modification request under section 15.02(b), the USDOT accepts the modification request under section 15.1 of the USDOT Agreement, and the USDOT and the Recipient modify the USDOT agreement under section 15.1 of the USDOT Agreement.
GENERAL REPORTING TERMS
Report Submission.
The Designated Subrecipient shall send all reports required by this agreement to all USDOT contacts who are listed in schedule A of the USDOT Agreement, all USDOT contacts who are listed in section 2.02 of this Agreement, and all Recipient contacts listed in schedule A of the USDOT Agreement.
Alternative Reporting Methods.
The FHWA and Recipient may establish processes for the Designated Subrecipient to submit reports required by this agreement, including electronic submission processes.
If the Designated Subrecipient is notified of those processes in writing, the Designated Subrecipient shall use the processes required by the FHWA and Recipient.
Paperwork Reduction Act Information.
Under 5 C.F.R. 1320.6, the Designated Subrecipient 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”).
Notwithstanding any other term of this agreement, the due date for any information collections required under this agreement, including the reporting requirements in article 7 and article 8, is the later of (1) the due date stated with the requirement and (2) the 30th day after OMB approves that information collection.
Collections of information conducted under this agreement are approved under OMB Control No. 2105-0563.
PROGRESS AND FINANCIAL REPORTING
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 Designated Subrecipient shall submit to the USDOT a Quarterly Project Progress Report and Recertification in the format and with the content described in exhibit C of the Exhibits.
If the date of this agreement is in the final month of a calendar year quarter, then the Designated Subrecipient shall submit the first Quarterly Project Progress Report and Recertification in the second calendar year quarter that begins after the date of this agreement.
Final Progress Reports and Financial Information.
No later than 120 days after the end of the period of performance, the Designated Subrecipient shall submit:
a Final Project Progress Report and Recertification in the format and with the content described in exhibit C of the Exhibits for each Quarterly Project Progress Report and Recertification, including a final Federal Financial Report (SF-425); and any other information required under the FHWA’s and Recipient's award closeout procedures.
PERFORMANCE REPORTING
Baseline Performance Measurement.
If the Capital-Planning Designation in section 2 of schedule F is “Capital” or "Capital Construction" then:
The Designated Subrecipient shall collect data for each performance measure that is identified in the Performance Measure Table in schedule G of the USDOT Agreement, accurate as of the Baseline Measurement Date that is identified in schedule G of the USDOT Agreement; and on or before the Baseline Report Date that is stated in schedule G, the Designated Subrecipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 8.01 of this Agreement 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.
Post-construction Performance Measurement.
If the Capital-Planning Designation in schedule F of the USDOT Agreement is "Capital" or "Capital Construction" then:
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 Designated Subrecipient shall collect data for that performance measure; for each performance measure that is identified in the Performance Measure Table in schedule G with annual measurement frequency, the Designated Subrecipient shall collect data for that performance measure on at least three separate occasions, including:
once during the four consecutive calendar quarters that begin after the Project substantial completion date; once during the fourth calendar quarter after the first collection; and once during the eighth calendar quarter after the first collection; and not later than January 31 of each year that follows a calendar year during which data was collected under this section 8.02, the Designated Subrecipient shall submit to the USDOT and the Recipient a Post-construction Performance Measurement Report containing the data collected under this section 8.02 in the previous calendar year and stating the dates when the data was collected; and If an external factor significantly affects the value of a performance measure collected under section 8.02, then the Designated Subrecipient shall identify that external factor in the Post-construction Performance Measurement Report and discuss the external factor’s influence on the performance measure.
Project Outcomes Report.
If the Capital-Planning Designation in section 2 of schedule F is “Capital,” then the Designated Subrecipient shall submit to the USDOT and the Recipient, not later than January 31 of the year that follows the final calendar year during which data was collected under section 8.02 of this Agreement, a Project Outcomes Report that contains:
a narrative discussion detailing project successes and the influence of external factors on project expectations; all baseline and post-construction performance measurement data that the Designated Subrecipient reported in the Baseline Performance Measurement Report and the Post-construction Performance Measurement Reports; and an ex post examination of project effectiveness relative to the baseline data that the Designated Subrecipient reported in the Baseline Performance Measurement Report.
Reporting Survival.
The data collection and reporting requirements in this article 8 survive the termination of this agreement.
Noncompliance and Remedies
Noncompliance Determinations.
If the USDOT or the Recipient determine that the Designated Subrecipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this Agreement, the USDOT or the Recipient may notify the Designated Subrecipient of a proposed determination of noncompliance. For that notice to be effective, it must be written and the USDOT or the Recipient 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 Designated Subrecipient may respond to the notice.
If the USDOT or Recipient notifies the Designated Subrecipient of a proposed determination of noncompliance under section 9.01(a) of this Agreement, the Designated Subrecipient 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 Designated Subrecipient may:
accept the remedy;
acknowledge the noncompliance, but propose an alternative remedy; or dispute the noncompliance.
To dispute the noncompliance, the Designated Subrecipient must include in its response documentation or other information supporting the Designated Subrecipient’s compliance.
The USDOT or the Recipient may make a final determination of noncompliance only:
after considering the Designated Subrecipient’s response under section 9.01(b); or if the Designated Subrecipient fails to respond under section 9.01(b), after the time for that response has passed.
To make a final determination of noncompliance, the USDOT or the Recipient must provide to the Designated Subrecipient a notice that states the bases for that determination.
Remedies.
If the USDOT or the Recipient makes a final determination of noncompliance under section 9.01, the USDOT or the Recipient may impose a remedy, including:
adding conditions or modifying existing conditions on the award; 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 Designated Subrecipient to the USDOT via the Recipient; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or terminating the Agreement; or
any other remedy legally available.
To impose a remedy, the USDOT or Recipient must provide to the Designated Subrecipient a notice that describes the remedy, but the USDOT or Recipient may make the remedy effective before the Designated Subrecipient receives that notice.
If the USDOT or Recipient determine that it is in the public interest, the USDOT or Recipient may impose a remedy, including all remedies described in section 9.02(a) of this Agreement, before making a final determination of noncompliance under section 9.01 of this Agreement.
If USDOT or Recipient do so, then the notice provided under section 9.01(d) must also state whether the remedy imposed will continue, be rescinded, or modified.
In imposing a remedy under this section 9.02 or making a public interest determination under section 9.02(c), the USDOT or the Recipient may elect to consider the interests of only the USDOT or the Recipient, respectively.
The Designated Subrecipient acknowledges that amounts that the USDOT or Recipient requires the Designated Subrecipient to refund to the USDOT or Recipient, due to a remedy under this section 9.02 constitute a debt to the Federal Government that the USDOT or Recipient may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-999).
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.
AGREEMENT TERMINATION
Recipient Termination.
The Recipient may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
the Designated Subrecipient fails to timely obtain or timely provide any non-RAISE Grant contribution or alternatives approved by the USDOT and the Recipient as provided in this agreement and consistent with schedule D of the USDOT Agreement; a completion date for the Project or a component of the Project is listed in section 2 of schedule C and the Designated Subrecipient fails to meet that milestone by six months after the date listed in section 2 of schedule C; the Designated Subrecipient fails to meet a milestone listed in section 3 of schedule C by the deadline date listed in that section for that milestone; the Designated Subrecipient 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 Designated Subrecipient; circumstances cause changes to the Project that the USDOT or Recipient determines are inconsistent with the USDOT's basis for selecting the Project to receive a RAISE Grant; or the USDOT or Recipient determines that termination of this agreement is in the public interest.
In terminating this agreement under this section, the Recipient may elect to consider only the interests of the Recipient.
This section 10.01 does not limit the Recipient’s ability to terminate this agreement as a remedy under section 9.02.
The Designated Subrecipient may request that the Recipient terminate the agreement under this section 10.01.
Closeout Termination.
This Agreement terminates on Project Closeout.
In this Agreement, “Project Closeout” means the date that the USDOT informs 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.
Post-Termination Adjustments.
The Designated Subrecipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT's or Recipient's authority to disallow costs, including costs that the USDOT or Recipient reimbursed before termination, and recover funds from the Designated Subrecipient.
Non-Terminating Events.
The end of the budget period described under section 4.04 does not terminate this Agreement or the Designated Subrecipient’s obligations under this Agreement.
The end of the period of performance described under section 4.05 does not terminate this Agreement or the Designated Subrecipient’s obligations under this Agreement.
The cancellation of funds under section 14.02 does not terminate this agreement or the Designated Subrecipient’s obligations under this agreement." Other Remedies.
The termination authority under this article 10 supplements and does not limit the USDOT's and Recipient's remedial authority under article 16 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340.
MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS Recipient Monitoring and Record Retention.
The Designated Subrecipient shall monitor activities under this award, including activities under subawards and contracts, to ensure:
that those activities comply with this agreement; and
that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award.
If the Designated Subrecipient makes a subaward under this award, the Designated Subrecipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d).
The Designated Subrecipient shall retain records relevant to the award as required under 2 C.F.R. 200.334.
11.02 Financial Records and Audits.
The Designated Subrecipient shall keep all project accounts and records that fully disclose the amount and disposition by the Designated Subrecipient 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.
The Designated Subrecipient shall keep accounts and records described under section 11.02(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 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.
The Designated Subrecipient 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 Designated Subrecipient shall:
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 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”).
Internal Controls.
The Designated Subrecipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303.
USDOT Record Access.
The USDOT and the Recipient may access Designated Subrecipient records related to this award under 2 C.F.R. 200.337.
CONTRACTING AND SUBAWARDS
12.01 Minimum Wage Rates.
The Designated Subrecipient 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.
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 Designated Subrecipient 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 Designated Subrecipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
The Designated Subrecipient 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.
Small and Disadvantaged Business Requirements.
If any funds under this award are administered by or through a State Department of Transportation, the Designated Subrecipient 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”).
Engineering and Design Services.
The Designated Subrecipient 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 Designated Subrecipient and approved in writing by the USDOT.
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
The Designated Subrecipient acknowledges that Section 889 of Pub. L. No. 115-232 and 2 C.F.R. 200.216 prohibit the Designated Subrecipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.
Pass-through Entity Responsibilities.
If the Designated Subrecipient makes a subaward under this award, the Designated Subrecipient 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.
Subaward and Contract Authorization.
If the Office for Subaward and Contract Authorization identified in section 7 schedule A is “FHWA Division,” then the Designated Subrecipient shall comply with subaward and contract authorization requirements under 23 C.F.R chapter I, subchapter G.
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 Designated Subrecipient 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 Designated Subrecipient and the agreement officer’s concurrence on that determination.
COSTS, PAYMENTS, AND UNEXPENDED FUNDS
Limitation of Federal Award Amount.
Under this award, the USDOT and Recipient shall not provide funding greater than the amount obligated under section 4.03.
The Designated Subrecipient acknowledges that the USDOT and the Recipient is not liable for payments exceeding that amount, and the Designated Subrecipient shall not request reimbursement of costs exceeding that amount.
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.
Timing of Project Costs.
The Designated Subrecipient shall not charge to this award costs that are incurred after the budget period.
The Designated Subrecipient 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 and Recipient approval for the Designated Subrecipient 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.
Designated Subrecipient Recovery of Federal Funds.
The Designated Subrecipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Designated Subrecipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award.
The Designated Subrecipient 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 and Recipient.
Unexpended Federal Funds.
Any Federal funds that are awarded at section 4.01 but not expended on allocable, allowable costs remain the property of the United States.
Timing of Payments to the Recipient.
Reimbursement is the payment method for the RAISE grant Program.
If the Payment System identified in schedule A is “FMIS,” then the Designated Subrecipient shall follow FMIS procedures to request and receive reimbursement payments under this award.
Information Supporting Expenditures.
If the Designated Subrecipient submits a request for reimbursement that the USDOT or Recipient determine does not include or is not supported by sufficient detail, the USDOT or Recipient may deny the request or withhold processing the request until the Designated Subrecipient provides sufficient detail.
Reimbursement Frequency.
Once federal funds are encumbered and all funds have not yet been invoiced, the Designated Subrecipient shall invoice for eligible work performed the unexpended federal Project funds on Project, a minimum of once every 6 months, until the unexpended federal Project funds are exhausted or the project is complete.
Once federal funds are encumbered and all funds have not yet been invoiced, the Designated Subrecipient shall invoice for eligible work performed the unexpended federal Project funds on Project, a minimum of once every 6 months, until the unexpended federal Project funds are exhausted or the project is complete.
LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY
Liquidation of Recipient Obligations.
The Designated Subrecipient shall liquidate all obligations of award funds under this Agreement not later than the earlier of:
120 days after the end of the period of performance; or the statutory funds cancellation date identified in section 14.02.
Liquidation of obligations and adjustment of costs under this Agreement follow the requirements of 2 C.F.R. 200.344–200.346.
Funds Cancellation.
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.
RAISE Program funding that was appropriated in the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022) remains available until expended.
Section 4.02 identifies the specific source or sources of funding for this award.
AGREEMENT MODIFICATIONS
Bilateral Modifications.
The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the Recipient and the Designated Subrecipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party.
The USDOT Agreement may be amended, modified, or supplemented by mutual agreement in writing, signed by the FHWA and the Recipient. The Designated Subrecipient may request to amend, modify, or supplement the USDOT Agreement by written notice to the FHWA and the Recipient.
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 2.02 of this Agreement by written notice to all of the Recipient contacts who are listed in section 3 of schedule A.
Provisions that Conflict with Federal law.
If any provision of this Agreement conflicts with Federal law including the Program Statute, then the Federal law prevails.
Either party may notify the other party upon discovery that a provision conflicts with Federal law and the parties may agree to amend this Agreement in accordance with section 20.01.
Either party must provide written notice to the other party when it acts or refuses to act where its action or inaction conflicts with a provision of this Agreement but complies with Federal law.
Other Modifications.
The parties shall not amend, modify, or supplement the USDOT Agreement or this Agreement except as permitted under sections 15.01, 15.02, or 15.03.
If an amendment, modification, or supplement is not permitted under sections 15.01, 15.02, or 15.03, it is void.
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE
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.
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
17.01 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.
LABOR AND WORK
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.
Reserved.
Reserved.
FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY REQUIREMENTS Uniform Administrative Requirements for Federal Awards.
The Designated Subrecipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.
Federal Law and Public Policy Requirements.
The Designated Subrecipient 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.
The failure of this agreement or the USDOT Agreement to expressly identify Federal law applicable to the Designated Subrecipient or activities under this agreement does not make that law inapplicable.
Federal Freedom of Information Act.
The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552.
The Designated Subrecipient acknowledges that the Technical Application, Grant Application, and materials submitted to the FHWA or the Recipient by the Designated Subrecipient related to this agreement may become FHWA records subject to public release under 5 U.S.C. 552.
History of Performance.
Under 2 C.F.R 200.206, any Federal awarding agency may consider the Designated Subrecipient’s performance under this Agreement, the USDOT Agreement, or both, when evaluating the risks of making a future Federal financial assistance award to the Designated Subrecipient.
Whistleblower Protection.
The Designated Subrecipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Designated Subrecipient 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.
The Designated Subrecipient 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.
External Award Terms and Obligations.
In addition to this document and the contents described in article 21, this agreement includes the following additional terms as integral parts:
Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements; Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation; 2 C.F.R. 175.15(b): Trafficking in Persons; and
Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters.
The Designated Subrecipient shall comply with:
49 C.F.R. part 20: New Restrictions on Lobbying;
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; 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance).
Incorporated Certifications.
The Designated Subrecipient makes the statements in the following certifications, which are incorporated by reference:
Appendix A to 49 CFR part 20 (Certification Regarding Lobbying).
ASSIGNMENT
Assignment Prohibited.
The Designated Subrecipient 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.
Reserved.
WAIVER
Waivers.
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.
A waiver of a term of this agreement granted by the USDOT on one occasion will not operate as a waiver on other occasions.
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.
ADDITIONAL TERMS AND CONDITIONS
Effect of Urban or Rural Designation.
Based on information that the Designated Subrecipient 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 Designated Subrecipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing.
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 Designated Subrecipient provided to the USDOT, including the 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 Designated Subrecipient shall incur a majority of the costs under this award in historically disadvantaged communities or areas of persistent poverty..
Disclaimer of Federal Liability.
The USDOT and the Recipient 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.
Relocation and Real Property Acquisition.
To the greatest extent practicable under State law, the Designated Subrecipient 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.
The Designated Subrecipient 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.
The Designated Subrecipient 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.
Equipment Disposition.
In accordance with 2 C.F.R. 200.313 and 1201.313, if the Designated Subrecipient, or a subrecipient to the Designated Subrecipient, acquires equipment under the Grant Program award, then when that equipment is no longer needed for the Project:
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 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.
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.
The Designated Subrecipient shall ensure compliance with this section 25.05 for all tiers of subawards under this award.
Environmental Review.
In this section, “Environmental Review Entity” means:
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 for all other cases, FHWA.
Except as authorized under section 25.06(c), the Designated Subrecipient 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:
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 if the Environmental Review Entity is not the Designated Subrecipient , the Environmental Review Entity provides the Designated Subrecipient with written notice that the environmental review process is complete..
If the Designated Subrecipient 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 Designated Subrecipient shall comply with 23 C.F.R. 771.113(d)(1).
The Designated Subrecipient acknowledges that:
the Environmental Review Entity’s actions under section 25.06(a) depend on the Designated Subrecipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and applicable environmental statutes and regulation may require the Designated Subrecipient to prepare and submit documents to other Federal, State, and local agencies.
Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Designated Subrecipient shall coordinate all environmental investigations, reviews, and consultations as a single process.
The activities described in schedule B and other information described in the USDOT Agreement may inform environmental decision-making processes, but the parties do not intend the USDOT 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 the USDOT Agreement under section 15.01 for consistency with the selected build alternative; or (2) if the USDOT or Recipient determine that the condition at section 10.01(a)(5) in this Agreement is satisfied, the Recipient may terminate the this Agreement under section 10.01(a)(5).
The Designated Subrecipient 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.
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 Designated Subrecipient 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.
MANDATORY AWARD INFORMATION
Information Contained in a Federal Award.
For 2 C.F.R. 200.211:
the “Federal Award Date” is the date of this agreement, as defined under section 28.02; the “Assistance Listings Number” is 20.933 and the “Assistance Listings Title” is “National Infrastructure Investments”; and this award is not for research and development.
Federal Award Identification Number.
The USDOT Payment System identified in schedule A is “FMIS” or "FMIS Current Bill," thus 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 for the Designated Subrecipient, once generated.
Recipient’s Unique Entity Identifier.
If the FHWA Payment System identified in schedule A is "FMIS" or “FMIS Current Bill,” 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 for the Designated Subrecipient.
CONSTRUCTION AND DEFINITIONS
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 Equity and Barriers to Opportunity
Schedule J Labor and Work
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
Construction.
In these General Terms and Conditions:
unless expressly specified, a reference to a section or article refers to that section or article in these General Terms and Conditions; a reference to a section or other subdivision of a schedule listed in section 27.01 will expressly identify the relevant schedule; and there are no references to articles or sections in project-specific portions of the agreement that are not contained in schedules listed in section 27.01.
If a provision in the USDOT Agreement conflicts with a provision in this Agreement, then this Agreement prevails. If a provision in the Exhibits conflicts with a provision in this Agreement, then this Agreement prevails.
If a provision in the exhibits conflicts with a provision in this Agreement, then the provision in this Agreement, prevails.
Integration.
This agreement constitutes the entire agreement of the parties relating to the RAISE program and awards under that program for the Project and supersedes any previous agreements, oral or written, relating to the RAISE grant program and awards under that program for the Project.
Definitions.
In this agreement, the following definitions apply:
“Administering Operating Administration” means the FHWA. “General Terms and Conditions” means this Agreement.
“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 the USDOT Agreement. “Technical Application” means the application identified in section 1 of schedule A of the USDOT Agreement, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov. “RAISE Grant” means an award of funds that were made available NOFO.
AGREEMENT EXECUTION AND EFFECTIVE DATE
Counterparts.
This Agreement may be executed in counterparts, which constitute one document.
The parties intend each countersigned original to have identical legal effect.
Effective Date.
This Agreement will become effective when all parties have signed it and the USDOT Agreement is executed.
The date of this agreement will be the date this agreement is signed by the last party to sign it or the date the USDOT Agreement is executed, whichever is later.
This instrument constitutes a RAISE Grant when the Recipient and Designated Subrecipient’s authorized representatives sign it and the USDOT Agreement is executed by FHWA..
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
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
“designated subrecipient”
By:
Matthew Ballantyne
Date
City Manager
APPROVED AS TO CONTENT:
PUBLIC WORKS/ENGINEERING DEPARTMENT
By:
Gia Kim
Date
Public Works Director/City Engineer
APPROVED AS TO FORM:
CITY ATTORNEY
By:
Ruben Duran
Date
City Attorney
COUNTERSIGNED:
By:
Jessica Brown
Date
Finance Director
RECIPIENT SIGNATURE PAGE
The Recipient, intending to be legally bound, is signing this Agreement on the date stated opposite that party’s signature.
California Department of Transportation
By:
TONY TAVARES
Date
Chief, Division of Local Assistance
AND
By:
CATALINO A. PINING III
Date
District Director
FY 2022 RAISE Discretionary Grant Program
Recipient - Designated Subrecipient Agreement
Building a Better Connected Inland Empire Project