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Home My WebLink AboutODT PS2P Raise Grant Agrmt Department of Public Works 0 Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: November 25, 2024 Subject: RAISE Grant Agreement Olympic Discovery Trail (ODT) - Puget Sound to Pacific (PS2P), County Road No. 850200 Statement of Issue: Authorization of the US Department of Transportation (USDOT) Rebuilding America Infrastructure with Sustainability and Equity (RAISE) grant agreement for the Olympic Discovery Trail (ODT) - Puget Sound to Pacific (PS2P) project. Analysis/Strategic Goals/Pro's Et Con's: The ODT is a shared use path planned to run 27 miles in Jefferson County, from the City of Port Townsend to Clallam County. This project is #9 on the 2025-2030 Transportation Improvement Program, and #9 on the 2025 Annual Construction Program. The next step to complete the ODT includes the design of 7.5 miles of gaps between existing trail segments. The ODT connection to Kitsap County is undefined and needs a route alternatives study that recommends a preferred alignment. Public Works has been awarded funding for this project through the USDOT RAISE discretionary grant program. These funds cannot be used for right-of-way acquisition or for construction. Fiscal Impact/Cost Benefit Analysis: The Jefferson County portion of the project has been awarded $2,080,000; funded at 100% by the USDOT RAISE discretionary grant program. Recommendation: Authorize the Chair to digitally sign (Docusign) the grant agreement. A copy will be returned to the Board upon final execution by USDOT. Department Contact: John Fleming, 360-385-9217. Reviewed By: ///02Cfr Mark McCauley, ntyAdministrator Date Y r CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: USDOT Contract No:(W eA4Qo25E--``Jl,37" Contract For: PS2P/ODT RAISE Grant Term: 6/30/2032 COUNTY DEPARTMENT: Public Works Contact Person: Chris Spell or John Fleming Contact Phone: 380.385-9208 or360-385-9217 Contact email: scpall@cojefferson,waus orjfeming@co.jeffersonwa.us AMOUNT: $2,080,000 PROCESS: ___ Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: _ Competitive Sealed Bid Matching Funds Required: NO Small Works Roster Sources(s) of Matching Funds N/A Vendor List Bid Fund# RFP or RFQ Munis Org/Obj ✓ Other: Grant Agreement APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES C MPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: E N/A:l - I 11-13-2024 Signs Date STEP 2: DEPARTMENT CERTIFIES THE PER N PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. 4 r CERTIFIED: l l N/A: ! _ �'� - —LX--- 11 13 2024 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 11/15/2024. State/Federal contract - cannot change. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 11/15/2024. Federal language -- cannot change. Please contact PAO if DocuSign signature required at a later date. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 1 of 37 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2023 RAISE PROGRAM This agreement is between the United States Department of Transportation (the “USDOT”) and the Washington State Department of Transportation (the “Recipient”). This agreement reflects the selection of the Recipient to receive a RAISE Grant for the Puget Sound to Pacific Planning for Multi-use Trail. 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 2023 RAISE Program: FHWA Projects,” dated October 1, 2024, 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. 2 of 37 SCHEDULE A ADMINISTRATIVE INFORMATION 1. Application. Application Title: Puget Sound to Pacific planning and design for 34 multi-use trail components including gaps, community connections and safety improvements in rural Washington Application Date: 2/28/2023 2. Recipient’s Unique Entity Identifier. See section 28.3 of the General Terms and Conditions. 3. Recipient Contact(s). Stephanie Tax Program Manager WSDOT – Local Programs PO Box 47390, Olympia WA 98504 360.480.1494 taxs@wsdot.wa.gov 4. Recipient Key Personnel. None. 5. USDOT Project Contact(s). Liana Liu Olympia Region Area Engineer FHWA – Washington Division 711 Capitol Way S. Suite 501 Olympia, WA 98501 (360)753-9553 Liana.Liu@dot.gov 6. Payment System. USDOT Payment System: FMIS 7. Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Division 8. Federal Award Identification Number. See section 28.2 of the General Terms and Conditions. 3 of 37 9. Designated Subrecipient. Designated Subrecipients: City of Port Angeles Jonathan Boehme City Engineer/Deputy Director of Engineering City of Port Angeles 321 E Fifth St. Port Angeles, WA 98362 360.417.4803 jboehme@cityofpa.us Bainbridge Island Peter Corelis City Engineer City of Bainbridge Island 280 Madison Ave. North Bainbridge Island, WA 98110 (206) 780-3759 pcorelis@bainbridgewa.gov Forks Rod Fleck City Attorney/Planner City of Forks 500 East Division Street Forks, WA 98331 (360) 374-5412 rodf@forkswashington.org Port Townsend Steve King Public Works Director, P.E. City of Port Townsend 250 Madison Street, Suite 2 Port Townsend, WA 98378 (360) 379-5090 Sking@cityofpt.us Poulsbo Josh Ranes City Engineer City of Poulsbo 200 NE Moe Street Poulsbo, WA 98370 (360) 394-9736 jranes@cityofpoulsbo.com 4 of 37 Sequim Katheryn Cole Project Engineer City of Sequim 152 W Cedar Street Sequim, WA 98382 (360) 582-2478 kcole@sequimwa.gov Clallam County Steve Gray Deputy Director Clallam County Public Works 223 East Fourth Street, Suite 6 Port Angeles, WA 98362 (360) 417-2290 steve.gray@clallamcountywa.gov Jefferson County Eric Kuzma Assistant Director/Engineering Services Manager Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 (360) 385-9167 EKuzma@co.jefferson.wa.us Kitsap County David Forte Transportation Planning Kitsap County Public Works 614 Division Street MS - 26 Port Orchard, WA 98366 (360) 337-7210 dforte@kitsap.gov Port Gamble S’Klallam Tribe Roma Call Director, Natural Resources Department Port Gamble S’Klallam Tribe 31912 Little Boston Road NE Kingston, WA 98346 (360) 297-6294 romac@pgst.nsn.us 5 of 37 Marla Powers Environmental Planner, Natural Resources Department Port Gamble S’Klallam Tribe 31912 Little Boston Road NE Kingston, WA 98346 (360) 689-7551 mpowers@pgst.nsn.us Port of Port Townsend Dave Nakagawara, P.E. Capital Projects Engineer Port of Port Townsend 2701 Jefferson Street Port Townsend, WA 98368 (360) 316-6469 dnakagawara@portofpt.com Quileute Tribe Annie Foster Grant and Special Projects Manager Quileute Tribe 90 Main Street La Push, WA 98350 (360) 374-6782 grant.writer@quileutenation.org 6 of 37 SCHEDULE B PROJECT ACTIVITIES 1. General Project Description. This project will plan and design approximately 33 active transportation components, addressing approximately 100 miles of gaps, community connections and safety improvements for multi-use trails connecting Bainbridge Island on Puget Sound to the Pacific Coast Ocean at La Push. 2. Statement of Work. Planning work under this grant application consists of the following scopes of work: Planning Studies Planning studies are required for many trail gaps to identify locally preferred alternatives that best address constraints and competing needs. Planning studies assess alignment alternatives, develop trail routing, assess environmental assets and constraints, assess existing transportation systems, and determine land ownership. The desired outcome is the selection of a preferred alignment to facilitate funding for Preliminary Engineering, Right-of-Way Acquisition, and Construction. These studies will include a meaningful public engagement process to empower stakeholders and neighbors to participate in the development of a desired outcome. Work may include design documentation and plan development. Type, Size, and Location (TSL) Studies If necessary, Type, Size and Location (TSL) Studies per Federal Highway Administration (FHWA) requirements are for bridge structures that have been assessed as requiring replacement or are too narrow to accommodate a trail segment relative to existing vehicular traffic. Preliminary/Final Design Preliminary/Final Design is the 100% level of design for production of Plans, Specifications and Estimate (PSE) as well as the environmental clearance and permitting. 7 of 37 SCHEDULE C AWARD DATES AND PROJECT SCHEDULE 1. Award Dates. Budget Period End Date: 8/31/2032 Period of Performance End Date: See section 28.5 of the General Terms and Conditions 2. Estimated Project Schedule. Milestone Schedule Date Planned Project Completion Date: 6/30/2032 3. Special Milestone Deadlines. None. 8 of 37 SCHEDULE D AWARD AND PROJECT FINANCIAL INFORMATION 1. Award Amount. RAISE Grant Amount: $16,130,000 2. Federal Obligation Information. Federal Obligation Type: Multiple Obligation Condition Table Portion of the Project Portion of the RAISE Grant Obligation Condition Component C110- Race Street Complete Street - Ph II: 8th St to Front St - Port Angeles (Planning Studies and Preliminary/Final Design) $1,200,000 Approval of statement of work by FHWA Washington Division Office. Component C112- Race Street Complete Street - Ph III: Front St to ODT - Port Angeles (Planning Studies) $600,000 Approval of statement of work by FHWA Washington Division Office. Component C120- Gales Addition Connector - Port Angeles (Planning Studies) $600,000 Approval of statement of work by FHWA Washington Division Office. Component C130- Waterfront Trail Renovation and Sustainability Study - Marine Dr to Morse Creek - Port Angeles (Planning Studies) $1,000,000 Approval of statement of work by FHWA Washington Division Office. Component KB410 - Sound to Olympics (STO): Agate Pass Bridge to Koura Rd– Bainbridge Island (Planning Studies) $500,000 Approval of statement of work by FHWA Washington Division Office. 9 of 37 Obligation Condition Table Portion of the Project Portion of the RAISE Grant Obligation Condition Component KB420 - Sound to Olympics (STO): Koura Rd to Sportsman Club Rd– Bainbridge Island (Planning Studies) $400,000 Approval of statement of work by FHWA Washington Division Office. Component KB430 - Sound to Olympics (STO): Sakai Park to Madison Ave– Bainbridge Island (Planning Studies) $400,000 Approval of statement of work by FHWA Washington Division Office. Component KB440 - Sound to Olympics (STO): Sportsman Club Road to Madison Ave Bainbridge Island (Planning Studies) $400,000 Approval of statement of work by FHWA Washington Division Office. Component C020 – City of Forks Trail Segment – Forks (Planning Studies) $200,000 Approval of statement of work by FHWA Washington Division Office. Component J284 – Port Townsend Waterfront Trail Segment: Port of Port Townsend Marina to Ferry – Port of Port Townsend (Planning Studies) $300,000 Approval of statement of work by FHWA Washington Division Office. Component J286 – Port Townsend Trail Segment to Fort Worden State Park – City of Port Townsend (Planning Studies) $250,000 Approval of statement of work by FHWA Washington Division Office. Component K390 – Poulsbo Sound to Olympics (STO) Connectors – Poulsbo (Planning Studies) $500,000 Approval of statement of work by FHWA Washington Division Office. 10 of 37 Obligation Condition Table Portion of the Project Portion of the RAISE Grant Obligation Condition Component C210 – East Fir St Trail Rehabilitation – Sequim (Preliminary/Final Design) $750,000 Approval of statement of work by FHWA Washington Division Office. Component C220 – Keeler Road Multi-Use Path – Sequim (Planning Studies and Preliminary/Final Design) $250,000 Approval of statement of work by FHWA Washington Division Office. Component C230 – Johnson Creek Bridge Replacement – Sequim (Preliminary/Final Design) $400,000 Approval of statement of work by FHWA Washington Division Office. Component C010 – Bogachiel River Crossing – Clallam County (Planning Studies) $600,000 Approval of statement of work by FHWA Washington Division Office. Component C030 – Forks City Limit to Sappho Trail Segment US101 – Clallam County (Planning Studies) $500,000 Approval of statement of work by FHWA Washington Division Office. Component C034 – Sappho to Camp Creek Trailhead Trail Segment (US101) – Clallam County (Planning Studies) $250,000 Approval of statement of work by FHWA Washington Division Office. Component C040 – Waterline Rd Trail Segment – Clallam County (Planning Studies and Preliminary/Final Design) $1,050,000 Approval of statement of work by FHWA Washington Division Office. 11 of 37 Obligation Condition Table Portion of the Project Portion of the RAISE Grant Obligation Condition Component C060 – Gassett Rd to Thompson/Onella Rd Trail Segment (SR112) – Clallam County (Planning Studies) $500,000 Approval of statement of work by FHWA Washington Division Office. Component C080 – Freshwater Bay Rd to Elwha River Trail Segment (SR305) – Clallam County (Planning Studies) $400,000 Approval of statement of work by FHWA Washington Division Office. Component C200 – Bagley Creek Bridge Replacement – Clallam County (Planning Studies) $450,000 Approval of statement of work by FHWA Washington Division Office. Component J250 – Discovery Bay Trail Gap at Salmon Creek (US101) – Jefferson County (Planning Studies) $80,000 Approval of statement of work by FHWA Washington Division Office. Component J270 – Fairmount Road Trail Gap (SR20) – Jefferson County (Planning Studies) $250,000 Approval of statement of work by FHWA Washington Division Office. Component J290 – West Sound to Olympics (STO): Jefferson County Hood Canal Bridge to Olympic Discovery Trail (ODT) – Jefferson County (Planning Studies) $250,000 Approval of statement of work by FHWA Washington Division Office. 12 of 37 Obligation Condition Table Portion of the Project Portion of the RAISE Grant Obligation Condition Component J280 – Eaglemount Trail Gap (SR20) – Jefferson County (Planning Studies) $300,000 Approval of statement of work by FHWA Washington Division Office. Component J240 – Old Highway 9 Trail Segment (US101) – Jefferson County (Planning Studies and Preliminary/Final Design) $1,200,000 Approval of statement of work by FHWA Washington Division Office. Component K360 – Central Sound to Olympics (STO): Poulsbo to Port Gamble Forest – Kitsap County (Planning Studies) $400,000 Approval of statement of work by FHWA Washington Division Office. Component K370 – Suquamish to Kingston Non-Motorized Community Connector Route – Kitsap County (Planning Studies) $500,000 Approval of statement of work by FHWA Washington Division Office. Component K380 – South Sound to Olympics (STO): Poulsbo to Agate Pass Bridge – Kitsap County (Planning Studies) $500,000 Approval of statement of work by FHWA Washington Division Office. Component K330 – Hansville Path from SR104 to the Casino – Port Gamble S'Klallam Tribe (Planning Studies) $650,000 Approval of statement of work by FHWA Washington Division Office. 13 of 37 Obligation Condition Table Portion of the Project Portion of the RAISE Grant Obligation Condition Component J282 – Port Townsend Connector: Larry Scott Trail to Park- n-Ride – Port of Port Townsend (Planning Studies) $250,000 Approval of statement of work by FHWA Washington Division Office. Component C005 – LaPush Tribal Trail Network – Quileute Tribe (Planning Studies and Preliminary/Final Design) $250,000 Approval of statement of work by FHWA Washington Division Office. 3. Approved Project Budget. Eligible Project Costs Total RAISE Funds: $16,130,000 Other Federal Funds: $0 Non-Federal Funds: $0 Total: $16,130,000 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. 14 of 37 SCHEDULE E CHANGES FROM APPLICATION Scope: Clarification was made between Planning Studies and Preliminary/Final Design to define costs associated with the deliverables of each component. The Washington State Department of Transportation does not authorize a 10% or 30% design phase. Authorizations are either at the Planning level or Final Design. Port Gamble S’Klallam tribe requests K340 component be deleted and funds moved to K330 component as they are not able to proceed on this component at this time due to readiness issues. It is estimated that the K330 component cost will increase due to more extensive project development costs associated with this component. City of Sequim requests to remove Planning Studies from Component C210 obligation. Planning Studies were not part of the project description in the original grant application. This project makes improvements to the already designated route of the Olympic Discovery Trail on E Fir St. City of Sequim requests to add Planning Studies to Component C220 obligation. This project would greatly benefit from a planning study to assess alignment alternatives and local preferences, and to facilitate right-of-way acquisition for a north to south ped-bike trail connection to the Olympic Discovery Trail. City of Bainbridge Island requests to remove Preliminary/Final Design and replace with Planning Studies for Components KB410, KB420, KB430, and KB440 as funding for final design is not available. The Sportsman Club Road to Madison Avenue portion of the project scope is adjusted to be exclusively part of the KB-440 planning study component; and the Agate Pass Bridge to Koura Road portion of the scope is adjusted to be exclusively part of KB-410 planning study component. Schedule: The SF-424 and readiness document had two different completion dates. The readiness document had the correct date, and the project is expected to be completed earlier than shown in the SF-424. Budget: No changes. Other: N/A 15 of 37 SCHEDULE F RAISE PROGRAM DESIGNATIONS 1. Urban or Rural Designation. Urban-Rural Designation: Rural 2. Capital or Planning Designation. Capital-Planning Designation: Planning 3. Historically Disadvantaged Community or Area of Persistent Poverty Designation. HDC or APP Designation: Yes 4. Funding Act. Funding Act: FY 23 5. Security Risk Designation. Security Risk Designation: Low 16 of 37 SCHEDULE G RAISE PERFORMANCE MEASUREMENT INFORMATION Reserved. 17 of 37 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 significantly reduces transportation-related pollution, like air pollution and greenhouse gas emissions. (Describe the expected reductions and how they are achieved in the supporting narrative below.) The Project aligns with an applicable State, regional, or local carbon-reduction plan. (Identify the plan in the supporting narrative below.) The Project addresses the disproportionate negative environmental impacts of transportation, such as exposure to elevated levels of air, water, and noise pollution. (Describe how in the supporting narrative below.) The Project implements transportation-efficient land use and design, such as drawing on the features of historic towns and villages that had a mix of land uses, compact and walkable development patterns, accessible green space, and neighborhood centers. (Describe how in the supporting narrative below.) The Project shifts freight to lower-carbon travel modes to reduce emissions. (Describe how in the supporting narrative below.) The Project improves the resiliency of at-risk infrastructure to withstand extreme weather events and natural disasters caused by climate change, such as by using best-available climate data sets, information resources, and decision- support tools, and incorporating best practices identified by the USDOT. (Identify the at-risk infrastructure and describe how the project improves its resiliency in the supporting narrative below.) The Project incorporates energy efficient investments, such as electrification or zero emission vehicle infrastructure. (Describe the energy efficient investments in the supporting narrative below.) The Project redevelops brownfield sites. (Identify the brownfield sites and describe the redevelopment in the supporting narrative below.) The Project removes, replaces, or restores culverts to improve passage of aquatic species. (Identify the affected culverts and describe how the changes will improve the passage of aquatic species in the supporting narrative below.) The Project avoids adverse impacts to air or water quality, wetlands, and endangered species. (Describe how in the supporting narrative below.) 18 of 37 The Project includes floodplain upgrades consistent with the Federal Flood Risk Management Standard in Executive Orders 14030 and 13690. (Describe those floodplain upgrades 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. Reduces Transportation Related Pollution The completed Puget Sound to Pacific trail network will reduce transportation-related greenhouse gas emissions and air pollution by completing multi-use trail routes to service areas and points of interest. The switch from automobile use to walking or biking results in numerous positive environmental outcomes, including reduced pollution and greenhouse gas emissions (Washington State Active Transportation Plan: 2020 and Beyond). In 2017, motor vehicles, boats, planes and trains caused the biggest single share of the greenhouse gases in Washington state (44.6 percent), with personal cars and trucks making up over half of that. Every motor vehicle trip replaced with a walk or bicycle trip is a positive environmental outcome. Active transportation construction practices per State Environment Protection Act (SEPA) will avoid adverse environmental impacts to air and water quality, wetlands, endangered species and cultural resources. 19 of 37 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: The Project increases affordable transportation choices. (Describe how in the supporting narrative below.) X The Project expands active transportation usage. (Describe how in the supporting narrative below.) The Project significantly reduces vehicle dependence. (Describe how in the supporting narrative below.) The Project reduces transportation and housing cost burdens by integrating mixed use development and a diversity of housing types (including affordable housing) with multimodal transportation infrastructure. (Describe how in the supporting narrative below.) The Project coordinates and integrates land use, affordable housing, and transportation planning to create more livable communities and expand travel choices. (Describe how in the supporting narrative below.) The Project reduces vehicle dependence and improves access to daily destinations, such as jobs, healthcare, grocery stores, schools, places of worship, recreation, or parks, such as by adding new facilities that promote walking or biking. (Describe how in the supporting narrative below.) The Project implements transit-oriented development that benefits existing residents and businesses. (Describe how in the supporting narrative below, including a specific description of the benefits to existing residents and businesses.) The Project mitigates urban heat islands to protect the health of at-risk residents, outdoor workers, and others. (Describe how in the supporting narrative below.) The Project proactively addresses racial equity. (Describe how 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.) 20 of 37 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. 2. Supporting Narrative. Expands Active Transportation Usage The Puget Sound to Pacific (PS2P) trail network will provide non-motorized access routes to destinations including the Pacific Coast and Olympic National Park for more than 4 million people in the Seattle metropolitan area and visitors. The completed PS2P will provide more opportunities for the health of children, underserved populations, and the general public to have active lifestyles with safe and convenient active transportation infrastructure where few connected routes currently exist. The completed PS2P will improve public health and well-being by adding new facilities that promote walking, biking, and other forms of active transportation. The PS2P will increase affordable living by reducing reliance on automobiles. It will improve access to places of work, education, worship, business, agriculture, recreation, and transit. 21 of 37 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 promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.) The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner implements targeted hiring preferences that will promote the entry and retention of underrepresented populations into those jobs including women, people of color, and people with convictions. (Describe the use of targeted hiring preferences that will promote the entry and retention of underrepresented populations in jobs in the supporting narrative below.) The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain underrepresented communities in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs that serve underrepresented groups, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.) The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.) The Recipient or a project partner will partner with communities or community groups representative of historically underrepresented groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.) 22 of 37 X 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 improve good- paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. Targeted Hiring Preferences Design and planning services that utilize consultants will include Disadvantaged Business Enterprises (DBE) goals. DBE goals will promote the entry and retention of underrepresented populations in the planning and design work of the trail segments. Furthermore, the WSDOT Office of Equity and Civil Rights will provide technical assistance on a range of business topics, provides training and support in creating business plans for DBE company growth. The primary objective of this program is to increase Minority, Small, Veteran and Women's Business Enterprises in contracting and procurement activities on transportation projects. 23 of 37 SCHEDULE K CIVIL RIGHTS AND TITLE VI 1. Recipient Type Designation. Recipient Type Designation: Existing Existing Award Program: 20.205; Highway Planning and Construction 2. Title VI Assessment Information. This section is not applicable because the Recipient Type Designation is “Existing.” 24 of 37 RECIPIENT SIGNATURE PAGE The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature. Washington State Department of Transportation Date By: Signature of Recipient’s Authorized Representative Jay Drye, PE Name Local Programs Director Title 25 of 37 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 Port Angeles Date By: Signature of Designated Subrecipient’s Authorized Representative Nathan West Name City Manager Title 26 of 37 City of Bainbridge Island Date By: Signature of Designated Subrecipient’s Authorized Representative Blair King Name City Manager Title 27 of 37 City of Forks Date By: Signature of Designated Subrecipient’s Authorized Representative Tim Fletcher Name Mayor Title 28 of 37 City of Port Townsend Date By: Signature of Designated Subrecipient’s Authorized Representative John Mauro Name City Manager Title 29 of 37 City of Poulsbo Date By: Signature of Designated Subrecipient’s Authorized Representative Becky Erickson Name Mayor Title 30 of 37 City of Sequim Date By: Signature of Designated Subrecipient’s Authorized Representative Matthew Huish Name City Manager Title 31 of 37 Clallam County Date By: Signature of Designated Subrecipient’s Authorized Representative Mike French Name Chair, Clallam County Commissioners Title for 11/15/2024 33 of 37 Kitsap County Date By: Signature of Designated Subrecipient’s Authorized Representative Katie Walters Name Chair, Kitsap County Commissioners Title Date 34 of 37 Port of Port Townsend Date By: Signature of Designated Subrecipient’s Authorized Representative Eron Berg Name Port of Port Townsend Executive Director Title 35 of 37 Quileute Tribe Date By: Signature of Designated Subrecipient’s Authorized Representative Doug Woodruff Name Chairman, Quileute Tribal Council Title 36 of 37 Port Gamble S’Klallam Tribe _______________________By: Date Signature of Designated Subrecipient’s Authorized Representative Amber Caldera Name Chairwoman Title 37 of 37 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 Ralph J. Rizzo Name FHWA Washington Division Administrator Title bu Original Updated Buy America(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 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 Buy America(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 for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). 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. Small and Disadvantaged Business Requirements (b): The Recipient shall expend all other funds under this award 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”), and to the extent applicable, 49 C.F.R. part 26 (“Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs”). Small and Disadvantaged Business Requirements (b): The Recipient shall expend all other funds under this award in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms”), and to the extent applicable, 49 C.F.R. part 26 (“Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs”). External Award Terms and Obligations. (a)(3) 2 C.F.R. 175.15(b): Trafficking in Persons; and External Award Terms and Obligations. (a)(3) 2 C.F.R. part 175: Award Term for Trafficking in Persons; and Recipient Monitoring and Record Retention. (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). Recipient Monitoring and Record Retention. (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(e). Relocation and Real Property Acquisition. (c): The Recipient shall make available to displaced persons, within a reasonable period of Not revised because of 2024 2 CFR update but was corrected, in T&Cs, for accuracy. Relocation and Real Property Acquisition. (c) The Recipient shall make available to displaced persons, within a reasonable, period of time prior to displacement, comparable replacement time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. 24 subpart E dwellings in accordance with 49 C.F.R. 24. subpart E. 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. 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, the State shall dispose of that equipment in accordance with State laws and procedures; (2) if the entity that acquired the equipment is an Indian Tribe, the Indian Tribe shall dispose of that equipment in accordance with tribal laws and procedures. If such laws and procedures do not exist, Indian Tribes must follow the guidance in 2 C.F.R. 200.313; and (3) if the entity that acquired the equipment is neither a State nor an Indian Tribe, 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. 200.310–200.316 and 2 C.F.R. 1201.313. Recipient’s Unique Entity Identifier. The Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. 25.415, is listed in section 2 of schedule A Recipient’s Unique Entity Identifier. The Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. 25.400, is listed in section 2 of schedule A. 5.4 Budget Changes (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). Budget Changes (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 Standards for Administrative Collection of Claims (31 C.F.R. part 901). 9.2 Remedies (e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a Remedies (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 Commented [KMJ(1]: Just flagging, 25.415 may appear twice in this Term, as it does in NAE. 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). constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31 C.F.R. part 901). 11.2 Financial Records and Audits (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. 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. Financial Records and Audits. (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. 200.302–200.307, 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. 12.7 Subaward and Contract Authorization: (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 pursuant to 2 C.F.R. 200.308 and 23 C.F.R. part 172, as applicable, for the subaward or contracting out of any work under this agreement. Approvals under 2 C.F.R. 200.308 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. Subaward and Contract Authorization: (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 pursuant to 2 C.F.R. 200.308, 2 C.F.R. 200.333, and 23 C.F.R. part 172, as applicable, for the subaward or contracting out of any work under this agreement. Approvals under 2 C.F.R. 200.308 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. Approvals under 2 CFR 200.308(f)(6) do not apply to the acquisition of supplies, material, equipment, or general support services. 20.4 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. 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. 1 of 38 U.S. DEPARTMENT OF TRANSPORTATION GENERAL TERMS AND CONDITIONS UNDER THE FISCAL YEAR 2023 RAISE PROGRAM: FHWA PROJECTS Revision date: October 1, 2024 2 of 38 Table of Contents Article 1 Purpose .............................................................................................................................. 7 1.1 Purpose .............................................................................................................................. 7 Article 2 USDOT Role ..................................................................................................................... 8 2.1 Division of USDOT Responsibilities ................................................................................. 8 2.2 USDOT Program Contacts ................................................................................................ 8 Article 3 Recipient Role ................................................................................................................... 8 3.1 Statements on the Project. .................................................................................................. 8 3.2 Statements on Authority and Capacity. ............................................................................. 9 3.3 USDOT Reliance. .............................................................................................................. 9 3.4 Project Delivery ................................................................................................................. 9 3.5 Rights and Powers Affecting the Project ........................................................................... 9 3.6 Notification of Changes to Key Personnel ..................................................................... 10 3.7 Subaward to Designated Subrecipient ............................................................................ 10 3.8 Designated Subrecipient Statements and Responsibilities .............................................. 10 3.9 Title 23 Oversight Responsibilities for Subawards ........................................................ 10 Article 4 Award Amount and Federal Obligation ......................................................................... 10 4.1 Federal Award Amount .................................................................................................. 10 4.2 Federal Funding Source .................................................................................................. 10 4.3 Federal Obligations ......................................................................................................... 11 Article 5 Statement of Work, Schedule, and Budget Changes ...................................................... 12 5.1 Change Notification Requirement .................................................................................. 12 5.2 Scope and Statement of Work Changes .......................................................................... 12 5.3 Schedule Changes ........................................................................................................... 13 5.4 Budget Changes .............................................................................................................. 13 5.5 USDOT Acceptance of Changes .................................................................................... 14 Article 6 General Reporting Terms ............................................................................................... 14 6.1 Report Submission. ......................................................................................................... 14 6.2 Alternative Reporting Methods ...................................................................................... 14 6.3 Paperwork Reduction Act Information ........................................................................... 14 Article 7 Progress and Financial Reporting ................................................................................... 15 7.1 Quarterly Project Progress Reports and Recertifications ................................................ 15 7.2 Final Progress Reports and Financial Information ......................................................... 15 Article 8 Performance Reporting................................................................................................... 15 8.1 Baseline Performance Measurement .............................................................................. 15 8.2 Post-construction Performance Measurement ................................................................ 15 8.3 Project Outcomes Report ................................................................................................ 16 8.4 Performance Reporting Survival .................................................................................... 16 Article 9 Climate Change and Environmental Justice ................................................................... 17 9.1 Climate Change and Environmental Justice ................................................................... 17 Article 10 Racial Equity and Barriers to Opportunity ................................................................... 17 10.1 Racial Equity and Barriers to Opportunity. .................................................................... 17 Article 11 Labor and Work ........................................................................................................... 17 11.1 Labor and Work .............................................................................................................. 17 11.2 OFCCP Mega Construction Project Program ................................................................. 17 3 of 38 Article 12 Civil Rights and Title VI .............................................................................................. 17 12.1 Civil Rights and Title VI ................................................................................................ 17 12.2 Legacy Infrastructure and Facilities ............................................................................... 18 Article 13 Critical Infrastructure Security and Resilience ............................................................. 18 13.1 Critical Infrastructure Security and Resilience ............................................................... 18 Article 14 RAISE Program Designations ...................................................................................... 19 14.1 Effect of Urban or Rural Designation ............................................................................. 19 14.2 Effect of Historically Disadvantaged Community or Area of Persistent Poverty Designation. ................................................................................................................ 19 Article 15 Contracting and Subawards .......................................................................................... 20 15.1 Minimum Wage Rates .................................................................................................... 20 15.2 Buy America ................................................................................................................... 20 15.3 Small and Disadvantaged Business Requirements ......................................................... 20 15.4 Engineering and Design Services ................................................................................... 20 15.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ................................................................................................................... 21 15.6 Pass-through Entity Responsibilities .............................................................................. 21 15.7 Subaward and Contract Authorization ............................................................................ 21 Article 16 Noncompliance and Remedies ..................................................................................... 21 16.1 Noncompliance Determinations ..................................................................................... 21 16.2 Remedies ........................................................................................................................ 22 16.3 Other Oversight Entities ................................................................................................. 23 Article 17 Agreement Termination ............................................................................................... 23 17.1 USDOT Termination ...................................................................................................... 23 17.2 Closeout Termination ..................................................................................................... 24 17.3 Post-Termination Adjustments ....................................................................................... 24 17.4 Non-Terminating Events ................................................................................................ 24 17.5 Other Remedies .............................................................................................................. 24 Article 18 Costs, Payments, and Unexpended Funds .................................................................... 24 18.1 Limitation of Federal Award Amount ............................................................................ 24 18.2 Projects Costs ................................................................................................................. 24 18.3 Timing of Project Costs .................................................................................................. 24 18.4 Recipient Recovery of Federal Funds ............................................................................. 25 18.5 Unexpended Federal Funds ............................................................................................ 25 18.6 Timing of Payments to the Recipient. ............................................................................ 25 18.7 Payment Method. ............................................................................................................ 25 18.8 Information Supporting Expenditures ............................................................................ 25 18.9 Reimbursement Frequency ............................................................................................. 26 Article 19 Liquidation, Adjustments, and Funds Availability ....................................................... 26 19.1 Liquidation of Recipient Obligations ............................................................................. 26 19.2 Funds Cancellation ......................................................................................................... 26 Article 20 Agreement Modifications ............................................................................................. 26 20.1 Bilateral Modifications ................................................................................................... 26 20.2 Unilateral Contact Modifications .................................................................................... 26 20.3 USDOT Unilateral Modifications ................................................................................... 27 20.4 Other Modifications ........................................................................................................ 27 4 of 38 Article 21 Federal Financial Assistance, Administrative, and National Policy Requirements ...... 27 21.1 Uniform Administrative Requirements for Federal Awards .......................................... 27 21.2 Federal Law and Public Policy Requirements ................................................................ 27 21.3 Federal Freedom of Information Act .............................................................................. 27 21.4 History of Performance ................................................................................................... 27 21.5 Whistleblower Protection ............................................................................................... 27 21.6 External Award Terms and Obligations ......................................................................... 28 21.7 Incorporated Certifications ............................................................................................. 28 Article 22 Monitoring, Financial Management, Controls, and Records ........................................ 29 22.1 Recipient Monitoring and Record Retention. ................................................................. 29 22.2 Financial Records and Audits ......................................................................................... 29 22.3 Internal Controls ............................................................................................................. 29 22.4 USDOT Record Access .................................................................................................. 30 Article 23 Notices .......................................................................................................................... 30 23.1 Form of Notice ............................................................................................................... 30 23.2 Method of Notice to USDOT ......................................................................................... 30 23.3 Method of Notice to Recipient ....................................................................................... 30 23.4 Recipient Contacts for Notice. ........................................................................................ 31 23.5 Additional Mandatory Notices to USDOT ..................................................................... 31 23.6 Scope of Notice Requirements ....................................................................................... 31 Article 24 Information Requests ................................................................................................... 31 24.1 USDOT Information Requests ....................................................................................... 31 Article 25 Assignment ................................................................................................................... 32 25.1 Assignment Prohibited. ................................................................................................... 32 Article 26 Waiver .......................................................................................................................... 32 26.1 Waivers ........................................................................................................................... 32 Article 27 Additional Terms and Conditions ................................................................................ 32 27.1 Disclaimer of Federal Liability ....................................................................................... 32 27.2 Relocation and Real Property Acquisition. ..................................................................... 32 27.3 Equipment Disposition ................................................................................................... 33 27.4 Environmental Review ................................................................................................... 33 27.5 Railroad Coordination .................................................................................................... 34 Article 28 Mandatory Award Information .................................................................................... 34 28.1 Information Contained in a Federal Award .................................................................... 34 28.2 Federal Award Identification Number ............................................................................ 35 28.3 Recipient’s Unique Entity Identifier ............................................................................... 35 28.4 Budget Period. ................................................................................................................ 35 28.5 Period of Performance. ................................................................................................... 35 Article 29 Construction and Definitions ........................................................................................ 35 29.1 Schedules ........................................................................................................................ 35 29.2 Exhibits ........................................................................................................................... 36 29.3 Construction .................................................................................................................... 36 29.4 Integration ....................................................................................................................... 36 29.5 Definitions ...................................................................................................................... 36 29.6 References to Times of Day............................................................................................. 37 Article 30 Agreement Execution and Effective Date .................................................................... 37 5 of 38 30.1 Counterparts .................................................................................................................... 37 30.2 Effective Date. ................................................................................................................ 37 6 of 38 Index of Definitions Administering Operating Administration ........................................................................................ 8 Designated Subrecipient ................................................................................. Schedule A, Section 9 Environmental Review Entity ....................................................................................................... 33 Federal Share ................................................................................................................................. 14 FHWA ............................................................................................................................................. 8 General Terms and Conditions ...................................................................................................... 36 NOFO .............................................................................................................................................. 7 OFCCP .......................................................................................................................................... 17 OMB .............................................................................................................................................. 14 Program Statute ............................................................................................................................. 37 Project ........................................................................................................................................... 37 Project Closeout ............................................................................................................................ 24 Project Cost Savings ...................................................................................................................... 13 RAISE Grant ................................................................................................................................. 37 RAISE Program ............................................................................................................................... 7 Recipient .................................................................................................... Project-Specific Recitals Technical Application ................................................................................................................... 37 Title VI .......................................................................................................................................... 18 USDOT ........................................................................................................................................... 7 7 of 38 GENERAL TERMS AND CONDITIONS The Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), and the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022) appropriated funds to the United States Department of Transportation (the “USDOT”) for fiscal year 2023 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 Rebuilding American Infrastructure with Sustainability and Equity Program (the “RAISE Program”). On December 14, 2022, the USDOT posted a funding opportunity at Grants.gov with funding opportunity title “FY 2023 National Infrastructure Investments” and funding opportunity number DTOS59-23-RA-RAISE. The notice of funding opportunity posted at Grants.gov, as amended on January 5, 2023, and February 3, 2023, (the “NOFO”) solicited applications for Federal financial assistance under the fiscal year 2023 RAISE Program. On June 28, 2023, 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 2023 RAISE 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 K. 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. 8 of 38 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 Program, the approval of this agreement, and any modifications to this agreement under section 20.1. (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 FHWA-TIGER.Reports@dot.gov 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 RAISEGrants@dot.gov 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. 9 of 38 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; (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 21.7 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. 10 of 38 (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 USDOT within 30 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 AND FEDERAL OBLIGATION 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 Program funding that was appropriated in division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021). 11 of 38 (b) If section 4 of schedule F identifies the Funding Act as “FY2023,” then the RAISE Grant is from RAISE Program funding that was appropriated in the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022). (c) If section 4 of schedule F contains a table that lists separate amounts for “IIJA” and “FY2023,” then the amount listed for “IIJA” is from RAISE 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 “FY2023” is from RAISE Program funding that was appropriated in the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 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 20. (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 12 of 38 (3) the Recipient states that it is not required to request a modification of this agreement under article 5. (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 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, 2027. RAISE Program funding that was appropriated in the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 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 17.1. ARTICLE 5 STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES 5.1 Change Notification Requirement. The Recipient shall notify USDOT within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s capacity or intent to complete the Project in compliance with this agreement. In that notice, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. The 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. 13 of 38 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 (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 14 of 38 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 Standards for Administrative Collection of Claims (31 C.F.R. parts 901). 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 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 20.1. 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 Administering Operating Administration informs the Recipient of those processes in writing, the Recipient shall use the processes identified by the Administering Operating Administration. 6.3 Paperwork Reduction Act Information. 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”). 15 of 38 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. 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 16 of 38 (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 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. 17 of 38 ARTICLE 9 CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE 9.1 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 10 RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 10.1 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 11 LABOR AND WORK 11.1 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. 11.2 OFCCP Mega Construction Project Program. If the total eligible project costs that are listed in section 3 of schedule D are greater than $35,000,000 and the Department of Labor’s Office of Federal Contract Compliance Programs (the “OFCCP”) selects this award for participation in the Mega Construction Project Program, then the Recipient shall partner with OFCCP, as requested by OFCCP. ARTICLE 12 CIVIL RIGHTS AND TITLE VI 12.1 Civil Rights and Title VI. (a) Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Jan. 20, 2021), Executive Order 14091, “Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Feb. 16, 2023), and DOT Order 1000.12C, “The U.S. Department of Transportation Title VI Program” (June 11, 2021), the purpose of sections 12.1(b)–12.1(c) is to ensure that the Recipient has a plan to 18 of 38 comply with civil rights obligations and nondiscrimination laws, including Title VI and 49 C.F.R. part 21. (b) If the Recipient Type Designation in section 1 of schedule K is “Existing,” then the Recipient shall submit to the USDOT either: (1) not later than one month after the date of this agreement, documentation showing that the Recipient has complied with all reporting requirements under the Administering Operating Administration’s implementation of Title VI; or (2) not later than six months after the date of this agreement, both a Title VI Plan and a Community Participation Plan, as those plans are described in chapter II, sections 3–4 of DOT Order 1000.12C. (c) If the Recipient Type Designation in section 1 of schedule K is “New,” then the Administering Operating Administration completed a Title VI Assessment of the Recipient, as described in chapter II, section 2 of DOT Order 1000.12C, before entering this agreement, as documented in section 2 of schedule K. (d) In this section 12.1, “Title VI” means Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified at 42 U.S.C. 2000d to 2000d-4a). 12.2 Legacy Infrastructure and Facilities. In furtherance of the Americans with Disabilities Act of 1990 (ADA), Pub. L. No. 101-336 (codified at 42 U.S.C. 12101–12213), and Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified at 29 U.S.C. 794), not later than one year after the date of this agreement, the Recipient shall develop a plan to address any legacy infrastructure or facilities that are not compliant with ADA standards and are involved in, or closely associated with, the Project. Consistent with 49 C.F.R. part 27, even in the absence of prior discriminatory practice or usage, a Recipient administering a program or activity receiving Federal financial assistance is expected to take action to ensure that no person is excluded from participation in or denied the benefits of the program or activity on the basis of disability. ARTICLE 13 CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE 13.1 Critical Infrastructure Security and Resilience. (a) Consistent with Presidential Policy Directive 21, “Critical Infrastructure Security and Resilience” (Feb. 12, 2013), and the National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems (July 28, 2021), the Recipient shall consider physical and cyber security and resilience in planning, design, and oversight of the Project. (b) If the Security Risk Designation in section 5 of schedule F is “Elevated,” then the Recipient shall: 19 of 38 (1) in the first Quarterly Project Progress Report and Recertification that the Recipient submits under section 7.1, identify a cybersecurity Point of Contact for the transportation infrastructure being improved in the Project; and (2) in the second Quarterly Project Progress Report and Recertification that the Recipient submits under section 7.1, provide a plan for completing the requirements in section 13.1(c). (c) If the Security Risk Designation in section 5 of schedule F is “Elevated,” then not later than the eighth Quarterly Project Progress Report and Recertification that the Recipient submits under section 7.1, the Recipient shall include each of the following in a Quarterly Project Progress Report and Recertification that the Recipient submits under section 7.1: (1) a cybersecurity incident reporting plan for the transportation infrastructure being improved in the Project or a summary of that plan; (2) a cybersecurity incident response plan for the transportation infrastructure being improved in the Project or a summary of that plan; (3) the results of a self-assessment of the Recipient’s cybersecurity posture and capabilities or a summary of those results; and (4) a description of any additional actions that the Recipient has taken to consider or address cybersecurity risk of the transportation infrastructure being improved in the Project. ARTICLE 14 RAISE PROGRAM DESIGNATIONS 14.1 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. 14.2 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 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. 20 of 38 ARTICLE 15 CONTRACTING AND SUBAWARDS 15.1 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. 15.2 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 for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). 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. 15.3 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 businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms”). 15.4 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 21 of 38 for architectural and engineering services is negotiated under the Brooks Act, 40 U.S.C. 22 of 38 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. 15.5 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. 15.6 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. 15.7 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. (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 pursuant to 2 C.F.R. 200.308 and 23 C.F.R. part 172, as applicable, for the subaward or contracting out of any work under this agreement. Approvals under 2 C.F.R. 200.308 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. Approvals under 2 CFR 200.308(f)(6) do not apply to the acquisition of supplies, material, equipment, or general support services. ARTICLE 16 NONCOMPLIANCE AND REMEDIES 16.1 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 that notice to be effective, 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 16.1(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; 23 of 38 (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 16.1(b); or (2) if the Recipient fails to respond under section 16.1(b), after the time for that response has passed. (d) To make a final determination of noncompliance, the USDOT must provide to the Recipient a notice that states the bases for that determination. 16.2 Remedies. (a) If the USDOT makes a final determination of noncompliance under section 16.1, 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 to the Recipient a notice 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 16.2(a), before making a final determination of noncompliance under section 16.1. If it does so, then the notice provided under section 16.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified. (d) In imposing a remedy under this section 16.2 or making a public interest determination under section 16.2(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 16.2 constitute a debt to the 24 of 38 Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31 C.F.R. part 901). 16.3 Other Oversight Entities. Nothing in this article 16 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. ARTICLE 17 AGREEMENT TERMINATION 17.1 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 timely obtain or timely 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 17.1 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 16.2. (d) The Recipient may request that the USDOT terminate the agreement under this section 17.1. 25 of 38 17.2 Closeout Termination. (a) This agreement terminates on Project Closeout. (b) 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. 17.3 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 authority to disallow costs, including costs that the USDOT reimbursed before termination, and recover funds from the Recipient. 17.4 Non-Terminating Events. (a) The end of the budget period described under section 28.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b) The end of the period of performance described under section 28.5 does not terminate this agreement or the Recipient’s obligations under this agreement. (c) The cancellation of funds under section 19.2 does not terminate this agreement or the Recipient’s obligations under this agreement. 17.5 Other Remedies. The termination authority under this article 17 supplements and does not limit the USDOT’s remedial authority under article 16 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340. ARTICLE 18 COSTS, PAYMENTS, AND UNEXPENDED FUNDS 18.1 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. 18.2 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. 18.3 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 26 of 38 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. 18.4 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. 18.5 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. 18.6 Timing of Payments to the Recipient. (a) Reimbursement is the payment method for the RAISE Program. (b) The Recipient shall not request reimbursement of a cost before the Recipient has entered into an obligation for that cost. 18.7 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 18.7. 18.8 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. 27 of 38 (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. 18.9 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 19 LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY 19.1 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 19.2. (b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346. 19.2 Funds Cancellation. (a) RAISE 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, 2032, and then unavailable for any purpose, including adjustments. (b) RAISE Program funding that was appropriated in the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022) remains available until expended. (c) Section 4.2 identifies the specific source or sources of funding for this award. ARTICLE 20 AGREEMENT MODIFICATIONS 20.1 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 notice to the other party. 20.2 Unilateral Contact Modifications. (a) The Recipient may update the contacts who are listed in section 3 of schedule A by notice to USDOT. (b) The USDOT may update the contacts who are listed in section 5 of schedule A and section 2.2 by notice to the Recipient. 28 of 38 20.3 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 20.3, the USDOT must provide to the Recipient a notice that includes a description of the modification and state the date that the modification is effective. 20.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 20.1, 20.2, or 20.3. If an amendment, modification, or supplement is not permitted under section 20.1, not permitted under section 20.2, and not permitted under section 20.3, it is void. ARTICLE 21 FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY REQUIREMENTS 21.1 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. 21.2 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. 21.3 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. 21.4 History of Performance. Under 2 C.F.R 200.206, any Federal 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. 21.5 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 29 of 38 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. 21.6 External Award Terms and Obligations. (a) In addition to this document and the contents described in article 29, 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. part 175: Award Term for 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 (4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance). 21.7 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). 30 of 38 ARTICLE 22 MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS 22.1 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(e). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334. 22.2 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 22.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.302–200.307, 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 2023 RAISE 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 2023” 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 2023” in column c (“Additional Award Identification”). 22.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303. 31 of 38 22.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337. ARTICLE 23 NOTICES 23.1 Form of Notice. (a) For a notice under this agreement to be valid, it must be in writing. (b) For a notice to USDOT under this agreement to be valid, it must be signed and dated by an individual with authority to act on behalf of the Recipient. 23.2 Method of Notice to USDOT. (a) For a notice to USDOT under this agreement to be valid, it must be sent by one or more of the following: (1) email; (2) a national transportation company with all fees prepaid and receipt of delivery; or (3) by registered or certified mail with return receipt requested and postage prepaid. (b) For a notice to USDOT under this agreement to be valid, it must be addressed to all of the USDOT contacts who are listed in section 5 of schedule A and section 2.2. (c) Except as specified in section 23.2(d), a valid notice to USDOT under this agreement will be deemed to have been received on the earliest of (1) when the email is received by USDOT, as recorded by USDOT’s email systems, and (2) when indicated on the receipt of delivery by national transportation company or mail. (d) If a valid notice or other communication to USDOT under this agreement is received after 5:00 p.m. on a business day, or on a day that is not a business day, then the notice will be deemed received at 9:00 a.m. on the next business day. 23.3 Method of Notice to Recipient. (a) Except as specified in section 23.3(d), for a notice to the Recipient under this agreement to be valid, it must be sent by one or more of the following: (1) email; (2) a national transportation company with all fees prepaid and receipt of delivery; or (3) registered or certified mail with return receipt requested and postage prepaid. (b) For a notice to the Recipient under this agreement to be valid, it must be addressed to all of the Recipient contacts who are listed in section 3 of schedule A. (c) A valid notice to the Recipient under this agreement is effective when received by the Recipient. It will be deemed to have been received: (1) for email, on receipt; and, for other delivery, when indicated on the receipt of delivery by national transportation company or mail; or 32 of 38 (2) if the Recipient rejects or otherwise refuses to accept it, or if it cannot be delivered because of a change in address or representatives for which no notice was given, then on that rejection, refusal, or inability to deliver. (d) For a notice to the Recipient under article 16 to be valid, it must be sent by one or more of the following: (1) a national transportation company with all fees prepaid and receipt of delivery or (2) registered or certified mail with return receipt requested and postage prepaid. 23.4 Recipient Contacts for Notice. If a Recipient contact who is listed in section 3 of schedule A is unable to receive notices under this agreement on behalf of the Recipient, then the Recipient shall promptly identify one or more replacement contacts under section 20.2(a). 23.5 Additional Mandatory Notices to USDOT. The Recipient shall notify the USDOT if any one of the following conditions is satisfied, not later than 5 business days after that condition is satisfied: (1) the Recipient receives a communication related to this award or this agreement from the United States Comptroller General, a Federal Inspector General, or any other oversight entity; or (2) the Recipient becomes aware of waste, fraud, abuse, or potentially criminal activity related to this agreement. 23.6 Scope of Notice Requirements. The form and method requirements of this article 23, including sections 23.1, 23.2, and 23.3, apply only to communications for which this agreement expressly uses one or more of the following words: “notice”; “notification”; “notify”; or “notifying.” This article 23 does not control or limit other communication between the parties about the Project or this agreement. ARTICLE 24 INFORMATION REQUESTS 24.1 USDOT Information Requests. (a) By notice, the USDOT may request from the Recipient any information that the USDOT determines is necessary to fulfill its oversight responsibilities under the Program Statute or other Federal law. (b) If the USDOT requests information from the Recipient under section 24.1(a), the Recipient shall respond in the form and at the time detailed in the notice requesting information. (c) This section 24.1 does not limit the Recipient’s obligations under section 22.4 or 2 C.F.R. 200.337 to provide access to Recipient records. 33 of 38 ARTICLE 25 ASSIGNMENT 25.1 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 26 WAIVER 26.1 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 27 ADDITIONAL TERMS AND CONDITIONS 27.1 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. 27.2 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 comparable replacement dwellings in accordance with 49 C.F.R. 24. 34 of 38 27.3 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, the State shall dispose of that equipment in accordance with State laws and procedures; (2) if the entity that acquired the equipment is an Indian Tribe, the Indian Tribe shall dispose of that equipment in accordance with tribal laws and procedures. If such laws and procedures do not exist, Indian Tribes must follow the guidance in 2 C.F.R 200.313; and (3) if the entity that acquired the equipment is neither a State nor an Indian Tribe , 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. 200.310–200.316 and 2 C.F.R. 1201.313. (c) The Recipient shall ensure compliance with this section 27.3 for all tiers of subawards under this award. 27.4 Environmental Review. (a) In this section, “Environmental Review Entity” means: (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 27.4(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 communication stating 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 35 of 38 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 27.4(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 20.1 for consistency with the selected build alternative; or (2) if the USDOT determines that the condition at section 17.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 17.1(a)(5). (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. 27.5 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 28 MANDATORY AWARD INFORMATION 28.1 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 30.2; (2) the “Assistance Listings Number” is 20.933 and the “Assistance Listings Title” is “National Infrastructure Investments”; and 36 of 38 (3) this award is not for research and development. 28.2 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. 28.3 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. 25.400, 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. 25.400, is listed on page 1, line 4 of the project-specific agreement. 28.4 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. 28.5 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. ARTICLE 29 CONSTRUCTION AND DEFINITIONS 29.1 Schedules. This agreement includes the following schedules as integral parts: Schedule A Administrative Information Schedule B Project Activities 37 of 38 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 Schedule K Civil Rights and Title VI 29.2 Exhibits. The following exhibits, which are located in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2023 RAISE Program,” dated June 23, 2023, 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 29.3 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 29.1 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 29.1. (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. 29.4 Integration. This agreement constitutes the entire agreement of the parties relating to the RAISE Program and awards under that program and supersedes any previous agreements, oral or written, relating to the RAISE Program and awards under that program. 29.5 Definitions. In this agreement, the following definitions apply: “General Terms and Conditions” means this document, including articles 1–30. 38 of 38 “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, 2023 Pub. L. No. 117-328 (Dec. 29, 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. 29.6 References to Times of Day. All references to times of day in this agreement are deemed references to that time at the prevailing local time in Washington, DC. ARTICLE 30 AGREEMENT EXECUTION AND EFFECTIVE DATE 30.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect. 30.2 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.