Resolution No. 2024-03 Accepting Safe Streets and Roads for All Grant from US Dept. of Transportation for Safety Action Plan - January 9, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING A SAFE STREETS AND ROADS
FOR ALL GRANT FROM THE UNITED STATES DEPARTMENT OF
TRANSPORTATION IN AN AMOUNT OF $256,000 TO COMPLETE A
SAFETY ACTION PLAN; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura ("City") desires to complete a Safety Action Plan
(the "Project"); and
WHEREAS, the Project will address safety of all roadway users, including
pedestrians, bicyclists, public transit, personal conveyance, micro mobility users,
motorists and commercial vehicle operators; and
WHEREAS, the United States Department of Transportation ("USDOT") has
awarded the City a Safe Streets and Roads for All grant ("Grant") in an amount of
$256,000 for the Project; and
WHEREAS, the City desires to accept the Grant and enter into the Grant
Agreement, in substantially the form attached hereto as Exhibit "A", (the "Agreement");
and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals. That each if the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Acceptance and Approval. That the City Commission hereby
accepts the Grant in an amount of $256,000 from USDOT and approves the Agreement
in substantially the form attached to as Exhibit "A."
Section 3. Implementation. That the City Commission hereby authorizes the
City Manager to execute the Agreement, and take any other actions necessary to
implement the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
City of Aventura Resolution No. 2024-03
The foregoing Resolution was offered by Commissioner Bloom, who moved its
adoption. The motion was seconded by Commissioner Joel, and upon being put to a vote,
the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 9th day of January, 2024.
WARD S. WEINBERG, ESa7.
MAYOR
ATTEST:
ELLISA L. HORVAT MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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U.S. DEPARTMENT OF TRANSPORTATION
GENERAL TERMS AND CONDITIONS UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL ("SS4A") GRANT
PROGRAM:
FHWA PROJECTS
Original: February 8, 2023
Revision 1: March 28, 2023
Revision 2: August 1, 2023
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Table of Contents
Article7 Purpose.........................................................................................................................6
7.1 Purpose....................................................................................................................................6
Article8 USDOT Role................................................................................................................6
8.1 Division of USDOT Responsibilities........................................................................................6
8.2 USDOT Program Contacts.......................................................................................................7
Article9 Recipient Role..............................................................................................................7
9.1 Statements on the Project. ........................................................................................................7
9.2 Statements on Authority and Capacity......................................................................................7
9.3 USDOT Reliance. ....................................................................................................................8
9.4 Project Delivery.......................................................................................................................8
9.5 Rights and Powers Affecting the Project...................................................................................8
9.6 Notification of Changes to Key Personnel. ...............................................................................9
Article 10 Award Amount, Obligation, and Time Periods............................................................9
10.1 Federal Award Amount............................................................................................................9
10.2 Federal Obligations..................................................................................................................9
10.3 Budget Period........................................................................................................................10
10.4 Period of Performance............................................................................................................10
Article 11 Statement of Work, Schedule, and Budget Changes..................................................I I
11.1 Notification Requirement.......................................................................................................11
11.2 Statement of Work Changes...................................................................................................11
11.3 Schedule Changes..................................................................................................................11
11.4 Budget Changes.....................................................................................................................11
11.5 USDOT Acceptance of Changes.............................................................................................12
Article 12 General Reporting Terms..........................................................................................12
12.1 Report Submission.................................................................................................................12
12.2 Alternative Reporting Methods...............................................................................................13
12.3 Paperwork Reduction Act Notice............................................................................................13
Article 13 Progress and Financial Reporting..............................................................................13
13.1 Quarterly Program Performance Reports. ............................................................................... 13
13.2 Quarterly Financial Status......................................................................................................13
Article 14 Performance Reporting.............................................................................................13
14.1 Baseline Performance Measurement.......................................................................................13
14.2 Section 24112(h)Report.........................................................................................................14
Article 15 Noncompliance and Remedies..................................................................................15
15.1 Noncompliance Determinations..............................................................................................15
15.2 Remedies. ..............................................................................................................................15
15.3 Other Oversight Entities.........................................................................................................16
Article 16 Agreement Termination............................................................................................16
16.1 USDOT Termination..............................................................................................................16
16.2 Closeout Termination.............................................................................................................17
16.3 Post-Termination Adjustments. ..............................................................................................17
16.4 Non-Terminating Events. .......................................................................................................17
16.5 Other Remedies......................................................................................................................17
Article 17 Monitoring, Financial Management, Controls, and Records......................................18
17.1 Recipient Monitoring and Record Retention........................................................................... 18
17.2 Financial Records and Audits.................................................................................................18
17.3 Internal Controls. ...................................................................................................................18
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17.4 USDOT Record Access..........................................................................................................19
Article 18 Contracting and Subawards.......................................................................................19
18.1 Build America, Buy America. .............................................................................................. 19
18.2 Small and Disadvantaged Business Requirements...................................................................21
18.3 Engineering and Design Services............................................................................................21
18.4 Foreign Market Restrictions. ..................................................................................................21
18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment...21
18.6 Recipient Responsibilities For Subawards. .............................................................................21
18.7 Subaward and Contract Authorization. ...................................................................................22
Article 19 Costs, Payments, and Unexpended Funds .................................................................22
19.1 Limitation of Federal Award Amount.....................................................................................22
19.2 Projects Costs.........................................................................................................................22
19.3 Timing of Project Costs..........................................................................................................22
19.4 Recipient Recovery of Federal Funds. ....................................................................................22
19.5 Unexpended Federal Funds. ...................................................................................................22
19.6 Timing of Payments to the Recipient......................................................................................23
19.7 Payment Method....................................................................................................................23
19.8 Information Supporting Expenditures.....................................................................................23
19.9 Reimbursement Frequency.....................................................................................................23
Article 20 Liquidation, Adjustments, and Funds Availability.....................................................23
20.1 Liquidation of Recipient Obligations......................................................................................23
Article 21 Agreement Modifications .........................................................................................23
21.1 Bilateral Modifications...........................................................................................................23
21.2 Unilateral Contact Modifications............................................................................................24
21.3 USDOT Unilateral Modifications...........................................................................................24
21.4 Other Modifications. ..............................................................................................................24
Article 22 Climate Change and Environmental Justice ..............................................................24
22.1 Climate Change and Environmental Justice............................................................................24
Article 23 Racial Equity and Barriers to Opportunity ................................................................24
23.1 Racial Equity and Barriers to Opportunity..............................................................................24
Article 24 Federal Financial Assistance, Administrative, and National Policy Requirements.....25
24.1 Uniform Administrative Requirements for Federal Awards.....................................................25
24.2 Federal Law and Public Policy Requirements.........................................................................25
24.3 Federal Freedom of Information Act.......................................................................................25
24.4 History of Performance. .........................................................................................................25
24.5 Whistleblower Protection.......................................................................................................25
24.6 External Award Terms and Obligations..................................................................................25
24.7 Incorporated Certifications.....................................................................................................26
Article25 Assignment...............................................................................................................26
25.1 Assignment Prohibited...........................................................................................................26
Article26 Waiver......................................................................................................................26
26.1 Waivers..................................................................................................................................26
Article 27 Additional Terms and Conditions .............................................................................27
27.1 Effect of Action Plan or Implementation Plan.........................................................................27
27.2 Disclaimer of Federal Liability...............................................................................................27
27.3 Environmental Review...........................................................................................................27
27.4 Railroad Coordination............................................................................................................28
27.5 Relocation and Real Property Acquisition. .............................................................................28
27.6 Equipment Disposition...........................................................................................................29
Article 28 Mandatory Award Information .................................................................................29
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28.1 Information Contained in a Federal Award.............................................................................29
Article 29 Construction and Definitions ....................................................................................29
29.1 Attachments...........................................................................................................................29
29.2 Exhibits..................................................................................................................................29
29.3 Construction...........................................................................................................................30
29.4 Integration..............................................................................................................................30
29.5 Definitions.............................................................................................................................30
Article 30 Agreement Execution and Effective Date..................................................................30
30.1 Counterparts...........................................................................................................................30
30.2 Effective Date. .......................................................................................................................30
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Index of Definitions
Administering Operating Administration.....................................................................................7
Environmental Review Entity...............................................................................25
FederalShare............................................................................................................................11
FHWA........................................................................................................................................7
NOFO.........................................................................................................................................6
OMB.........................................................................................................................................11
ProgramStatute.........................................................................................................................28
Project.........................................................................................................19
ProjectCloseout........................................................................................................................16
SS4AGrant...............................................................................................................................28
USDOT.......................................................................................................................................6
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GENERAL TERMS AND CONDITIONS
The Infrastructure Investment and Jobs Act(Pub. L. 117-58, November 15, 2021; also
referred to as the `Bipartisan Infrastructure Law" or"BIL") established the Safe Streets and
Roads for All (SS4A) Discretionary Grant Program (BIL Section 24112) and appropriated funds
to the United States Department of Transportation (the "USDOT") under Division J, Title VIII
of BIL to implement the program. The funds are available to provide Federal financial assistance
to support local initiatives to prevent death and serious injury on roads and streets, commonly
referred to as "Vision Zero" or"Toward Zero Deaths" initiatives.
The USDOT published a Notice of Funding Opportunity (the"NOFO")to solicit
applications for Federal financial assistance in Fiscal Year 2022 for the SS4A Discretionary
Grant Program (87 Fed. Reg. 31606 (May 24, 2022; subsequently amended in 87 Fed. Reg.
47818 on August 4, 2022).
These general terms and conditions are incorporated by reference in a project-specific grant
agreement under the fiscal year 2022 SS4A grant program. Articles 1-6 are in the project-
specific portion of the agreement. The term "Recipient" is defined in the project-specific portion
of the agreement. Attachments A through D are project-specific attachments.
ARTICLE 7
PURPOSE
7.1 Purpose. The purpose of this award is to improve roadway safety by significantly
reducing or eliminating roadway fatalities and serious injuries through safety action plan
development or projects focused on all users, including pedestrians, bicyclists, public
transportation users, motorists, personal conveyance and micromobility users, and
commercial vehicle operators. 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 Grant Application, as modified by section 3.3
and Attachment B.
ARTICLE 8
USDOT ROLE
8.1 Division of USDOT Responsibilities.
(a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT's
administration of the SS4A Grant Program.
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(b) The Federal Highway Administration (the "FHWA") will administer this grant
agreement on behalf of the USDOT. In this agreement, the "Administering Operating
Administration"means the FHWA.
8.2 USDOT Program Contacts.
FHWA Safe Streets and Roads for All
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue SE
HSA-1, Mail Drop E71-117
Washington, DC 20590
SS4A.FHWA@dot.gov
(202) 366-2201
and
[enter FHWA Division Office lead point of contact]
[enter address]
[enter email address]
[enter telephone]
ARTICLE 9
RECIPIENT ROLE
9.1 Statements on the Project. The Recipient states that:
(1) all material statements of fact in the Grant Application were accurate when that
application was submitted; and
(2) Attachment B documents all material changes in the information contained in that
application.
9.2 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, including either ownership
and/or maintenance responsibilities over a roadway network; safety
responsibilities that affect roadways; or has an agreement from the agency that
has ownership and/or maintenance responsibilities for the roadway within the
applicant's jurisdiction; if applicable.
(3) it has the capacity, including institutional, managerial, and financial capacity, to
comply with its obligations under this agreement;
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(4) not less than the difference between the "Total Eligible Project Cost" and the
"SS4A Grant Amount" listed in section 3.3 are committed to fund the Project;
(5) it has sufficient funds available, or an agreement with the agency that has
ownership and/or maintenance responsibilities for the roadway within the
recipient's jurisdiction, 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 9 and in section 24.7
on behalf of the Recipient.
9.3 USDOT Reliance. The Recipient acknowledges that:
(1) the USDOT relied on statements of fact in the Grant Application to select the
Project to receive this award;
(2) the USDOT relied on statements of fact in both the-Grant 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 Grant 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.
9.4 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 applicable Federal laws, regulations, and policies.
(c) The Recipient shall provide any certifications or assurances deemed necessary by the
USDOT in ensuring the Recipient's compliance with all applicable laws, regulations, and
policies.
(d) The Recipient shall provide access to records as provided at 2 CFR 200.337.
9.5 Rights and Powers Affecting the Project.
(a) The Recipient shall not take or permit any action that deprives it of any rights or powers
necessary to the Recipient's performance under this agreement without written approval
of the USDOT.
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(b) The Recipient shall act, in a manner acceptable to the USDOT,promptly 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.
9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT
representatives who are identified in Section 4.4 in writing within 30 calendar days of
any change in key personnel who are identified in Section 4.3.
ARTICLE 10
AWARD AMOUNT, OBLIGATION, AND TIME PERIODS
10.1 Federal Award Amount. The USDOT hereby awards a SS4A Grant to the Recipient in
the amount listed in Section 2.2 as the SS4A Grant Amount.
10.2 Federal Obligations.
This agreement obligates for the budget period listed in section 2.5 of the grant
agreement.
(a) If the Federal Obligation Type identified in section 2.3 is "Single,"then the project-
specific agreement obligates for the budget period the amount listed in section 2.2. as the
Grant Amount and sections 10.2 (c)-10.2(f) do not apply to the project specific
agreement.
(b) If the Federal Obligation Type identified in section 2.3 is "Multiple,"then an amount
up to the Grant Amount listed in section 2.2 will be obligated with one initial obligation
and one or more subsequent, optional obligations, as described in sections 10.2(c)-
10.2(f).
(c) The Obligation Condition Table in section 2.3 allocates the 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 2.3.
(d) The project-specific agreement obligates for the budget period only the amounts
allocated in the Obligation Condition Table in section 2.3 to portions of the Project for
which that table does not list an obligation condition.
(e) The project-specific agreement does not obligate amounts allocated in the Obligation
Condition Table in section 2.3 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 by modifying the project specific agreement under section 21.
(f) For each portion of the Project for which the Obligation Condition Table in section 2.3
lists an obligation condition, the amount allocated in that table to that portion of the
Project will be obligated if the condition is met not later than the date listed in Section 2.5
of the project-specific agreement.
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(g) For any portion of the Project for which the Obligation Condition Table in section 2.3
lists an obligation condition, if the obligation condition is satisfied, the parties amend this
agreement documenting that:
(1) the FHWA determines that the obligation condition listed in that table for that
portion of the Project is satisfied; and
(2) the FHWA determines that all applicable Federal requirements for obligating
the amount are satisfied.
(h) The Recipient shall not request reimbursement of costs for a portion of the Project for
which the Obligation Condition Table in section 2.3 lists an obligation condition, unless
the amount allocated in that table to that portion of the Project is obligated under section
10.2(c)-(f).
(i) Reserved.
(j) The Recipient acknowledges that:
(1) the FHWA is not liable for payments for a portion of the Project for which the
Obligation Condition Table in section 2.3 lists an obligation
condition, unless the amount allocated in that table to that portion of the Project is
obligated under section 10.2(c)-(f);
(2) any portion of the Grant that is not obligated under this section 10.2 by the
budget period end date identified in the project-specific agreement for those funds
lapses on the day after that date and becomes unavailable for the Project; and
(3) the FHWA may consider the failure to obligate funds by the budget period end
date identified in the project-specific agreement as applicable to the Grant
Program for those funds to be a basis for terminating the project-specific
agreement under section 16.
10.3 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 2.5,which shall be no later than 5 years
from the date of grant execution. In this agreement, "budget period" is used as defined at
2 C.F.R. 200.1.
10.4 Period of Performance.
(a) The period of performance for this award begins on the effective date of award listed in
page 1 item 2 and ends on the period of performance end date that is listed in Section 2.3.
(b) In this agreement, "period of performance" is used as defined at 2 C.F.R. 200.1.
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ARTICLE 11
STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES
11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who
are identified in section 4.4 in writing within 30 calendar days of any change in
circumstances or commitments that adversely affect the Recipient's plan to complete the
Project. In that notification, the Recipient shall describe the change and what actions the
Recipient has taken or plans to take to ensure completion of the Project. This notification
requirement under this section 11.1 is separate from any requirements under this article
11 that the Recipient request amendment of this agreement.
11.2 Statement of Work Changes. If the Project's activities differ from the statement of work
that is described in section 3.1 and Attachment B, then the Recipient shall request an
amendment of this agreement to update section 3.1.
11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the
Recipient shall request an amendment of this agreement to update the relevant dates:
(1) a substantial completion date for the Project or a component of the Project is
listed in section 3.2 and the Recipient's estimate for that milestone changes to a
date that is more than six months after the date listed in section 3.2; or
(2) a schedule change would require the period of performance to continue after the
period of performance end date listed in section 2.4.
For other schedule changes, the Recipient shall request an amendment of this agreement
unless the USDOT has consented, in writing consistent with applicable requirements, to
the change.
11.4 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 an amendment of this agreement to update section 3.3 and
Attachment B if, in comparing the Project's budget to the amounts listed in section 3.3:
(1) the "Non-Federal Funds" amount decreases; or
(2) the "Total Eligible Project Cost" amount decreases.
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(c) For budget changes that are not identified in section 11.4(b), the Recipient shall request
an amendment of this agreement to update section 3.3 and Attachment B unless the
USDOT has consented, in writing consistent with applicable requirements, to the change.
(d) If the actual eligible project costs are less than the"Total Eligible Project Cost"that is
listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent
with applicable requirements, specific additional activities that are within the scope of
this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with
the difference between the"Total Eligible Project Cost"that is listed in section 3.3 and
the actual eligible project costs.
(e) If the actual eligible project costs are less than the"Total Eligible Project Cost"that is
listed in section 3.3 and either the Recipient does not make a proposal under section
11.4(d) or the USDOT does not accept the Recipient's proposal under section 11.4(d),
then:
(1) in a request under section 11.4(b), the Recipient shall reduce the Federal Share by
the difference between the"Total Eligible Project Cost"that is listed in section
3.3 and the actual eligible project costs; and
(2) if that amendment reduces this award and the USDOT had reimbursed costs
exceeding the revised award, the Recipient shall request to add additional project
work that is within the scope of this project.
In this agreement, "Federal Share" means the sum of the "SS4A Action Plan or
Implementation Grant Amount" and the "Other Federal Funds" amounts that are listed in
section 3.3.
(f) The Recipient acknowledges that amounts that are required to be refunded under section
11.4(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).
11.5 USDOT Acceptance of Changes. The USDOT may accept or reject amendments
requested under this article 11, and in doing so may elect to consider only the interests of
the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an
amendment under this article 11 does not amend, modify, or supplement this agreement
unless the USDOT accepts that amendment request and the parties modify this agreement
under section 21.1.
ARTICLE 12
GENERAL REPORTING TERMS
12.1 Report Submission. The Recipient shall send all reports required by this agreement to all
USDOT contacts who are listed in section 4.4. Reports will be added to a central
repository maintained by FHWA.
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12.2 Alternative Reporting Methods. FHWA may establish processes for the Recipient to
submit reports required by this agreement, including electronic submission processes. If
the Recipient is notified of those processes in writing, the Recipient shall use the
processes required by the FHWA.
12.3 Paperwork Reduction Act Notice.
Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of
information that does not display a currently valid control number issued by the Office of
Management and Budget(the "OMB"). Collections of information conducted under this
agreement are approved under OMB Control No. 2125-0675.
ARTICLE 13
PROGRESS AND FINANCIAL REPORTING
13.1 Quarterly Program Performance Reports. Quarterly, on or before the 20th day of the
first month of each calendar year(e.g., reports due on or before January 20t', April 20t',
July 20t', and October 20th) and until the end of the period of performance, the Recipient
shall submit to the USDOT a Quarterly Project Progress Report in the format and with
the content described in Exhibit C (SF-PPR). If the date of this agreement is in the final
month of a calendar year, then the Recipient shall submit the first Quarterly Project
Progress Report in the second calendar year that begins after the date of this agreement.
13.2 Quarterly Financial Status. Quarterly, on or before the 20t' day of the first month of
each calendar year, the Recipient shall submit a Federal Financial Report using SF-425.
ARTICLE 14
PERFORMANCE REPORTING
14.1 Baseline Performance Measurement. If the Designation in Section 2.5 is
"Implementation,"then:
(1) the Recipient shall collect data for each performance measure that is identified in
the Performance Measure Table in Attachment A, accurate as of the Baseline
Measurement Date that is identified in Attachment A; and
(2) on or before the Baseline Report Date that is stated in Attachment A, the
Recipient shall submit a Baseline Performance Measurement Report that contains
the data collected under this section 14.1 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
Attachment A.
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14.2 Section 24112(h) Report: The Recipient shall submit to the USDOT, not later than 120
days after the end of the period of performance, a report that describes, consistent with
section 24112(g) of BIL:
(1) the costs of carrying out the project;
(2) the outcomes and benefits that each eligible project generated as identified in the
grant application and measured by data to the maximum extent practicable (i.e.
number of fatalities and serious injuries that occurred within the limits of the
project location); and
(3) the lessons learned, and any recommendations related to future projects or
strategies to prevent death and serious injuries on roads and streets.
14.3 Performance Measurement Information.
For each performance measure that is identified in the Performance Measure Table in
Attachment A, not later than January 31 of each year that follows a calendar year within
the period of performance during which data was collected, the Recipient shall submit to
the USDOT a Performance Measurement Report containing the data collected in the
previous calendar year and stating the dates when the data was collected.
14.4 Performance Reporting Survival.
The data collection and reporting requirements in this article 14 survive the termination
of this agreement which is three years post period of performance.
14.5 Program Evaluation.
As a condition of grant award,the recipient may be required to participate in an evaluation
undertaken by USDOT, or another agency or partner. The evaluation may take different
forms such as an implementation assessment across grant recipients, an impact and/or
outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost
analysis or assessment of return on investment. The Department may require applicants to
collect data elements to aid the evaluation. As a part of the evaluation, as a condition of
award, grant recipients must agree to: (1) make records available to the evaluation contractor;
(2)provide access to program records, and any other relevant documents to calculate costs
and benefits; (3)in the case of an impact analysis, facilitate the access to relevant information
as requested; and(4) follow evaluation procedures as specified by the evaluation contractor
or USDOT staff.
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ARTICLE 15
NONCOMPLIANCE AND REMEDIES
15.1 Noncompliance Determinations.
(a) If the USDOT determines that the Recipient may have failed to comply with the United
States Constitution, Federal law, or the terms and conditions of this agreement, the
USDOT may notify the Recipient of a proposed determination of noncompliance. For the
notice to be effective, it must be written and the USDOT must include an explanation of
the nature of the noncompliance, describe a remedy, state whether that remedy is
proposed or effective at an already determined date, and describe the process through and
form in which the Recipient may respond to the notice.
(b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under
section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond
to that notice in the form and through the process described in that notice. In its response,
the Recipient may:
(1) accept the remedy;
(2) acknowledge the noncompliance, but propose an alternative remedy; or
(3) dispute the noncompliance.
To dispute the noncompliance, the Recipient must include in its response documentation
or other information supporting the Recipient's compliance.
(c) The USDOT may make a final determination of noncompliance only:
(1) after considering the Recipient's response under section 15.1(b); or
(2) if the Recipient fails to respond under section 15.1(b), after the time for that
response has passed.
(d) To make a final determination of noncompliance, the USDOT must provide a notice to
the Recipient that states the bases for that determination.
15.2 Remedies.
(a) If the USDOT makes a final determination of noncompliance under section 15.1(d), 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 USDOT; suspension or termination of the award; or suspension
and disbarment under 2 C.F.R. part 180; or
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(3) any other remedy legally available.
(b) To impose a remedy, the USDOT must provide a written notice to the Recipient that
describes the remedy, but the USDOT may make the remedy effective before the
Recipient receives that notice.
(c) If the USDOT determines that it is in the public interest, the USDOT may impose a
remedy, including all remedies described in section 15.2(a), before making a final
determination of noncompliance under section 15.1(d). If it does so, then the notice
provided under section 15.1(d) must also state whether the remedy imposed will
continue, be rescinded, or modified.
(d) In imposing a remedy under this section 15.2 or making a public interest determination
under section 15.2(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 15.2 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).
15.3 Other Oversight Entities.
Nothing in this article 15 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 16
AGREEMENT TERMINATION
16.1 USDOT Termination.
(a) The USDOT may terminate this agreement and all of its obligations under this agreement
if any of the following occurs:
(1) the Recipient fails to obtain or provide any non-SS4A Grant contribution (all
eligible project costs other than the SS4A Grant Amount, as described in section
3.2 table (a) of the grant agreement) or alternatives approved by the USDOT as
provided in this agreement and consistent with article 3;
(2) a construction start date for the Project or Strategy is listed in section 3.2 and the
Recipient fails to meet that milestone by six months after the date listed in section
3.2;
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(3) a substantial completion date for the Project or Strategy is listed in section 3.2 and
the Recipient fails to meet that milestone by six months after the date listed in
section 3.2;
(4) the Recipient fails to comply with the terms and conditions of this agreement,
including a material failure to comply with the schedule in section 3.2 even if it is
beyond the reasonable control of the Recipient; or,
(5) the USDOT determines that termination of this agreement is in the public interest.
(6) the Recipient fails to expend the funds within 5 years after the date on which the
government executes the grant agreement, which is the date funds are provided
for the project.
(b) In terminating this agreement under this section, the USDOT may elect to consider only
the interests of the USDOT.
(c) This section 16.1 does not limit the USDOT's ability to terminate this agreement as a
remedy under section 15.2.
(d) The Recipient may request that the USDOT terminate the agreement under this section
16.1.
16.2 Closeout Termination.
(a) This agreement terminates on Project Closeout.
(b) In this agreement, "Project Closeout" means the date that the USDOT notifies the
Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should
occur no later than one year after the end of the period of performance.
16.3 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 USDOT reimbursed before termination,
and recover funds from the Recipient.
16.4 Non-Terminating Events.
(a) The end of the period of performance described under section 10.4 does not terminate
this agreement or the Recipient's obligations under this agreement.
(b) The liquidation of funds under section 20.1 does not terminate this agreement or the
Recipient's obligations under this agreement.
16.5 Other Remedies. The termination authority under this article 16 supplements and does
not limit the USDOT's remedial authority under article 15 or 2 C.F.R. part 200, including
2 C.F.R. 200.339-200.340.
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ARTICLE 17
MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS
17.1 Recipient Monitoring and Record Retention.
(a) The Recipient shall monitor activities under this award, including activities under
subawards and contracts, to ensure:
(1) that those activities comply with this agreement; and
(2) that funds provided under this award are not expended on costs that are not
allowable under this award or not allocable to this award.
(b) If the Recipient makes a subaward under this award, the Recipient shall monitor the
activities of the subrecipient in compliance with 2 C.F.R. 200.332(d).
(c) The Recipient shall retain records relevant to the award as required under 2 C.F.R.
200.334.
17.2 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 17.2(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. part 200, subpart F, and title 23, United States Code, and will
facilitate an effective audit in accordance with 31 U.S.C. 7501-7506.
(c) The Recipient shall separately identify expenditures under the fiscal year 2022 SS4A
grants program in financial records required for audits under 31 U.S.C. 7501-7506.
Specifically, the Recipient shall:
(1) list expenditures under that program separately on the schedule of expenditures of
Federal awards required under 2 C.F.R. part 200, subpart F, including"FY 2022"
in the program name; and
(2) list expenditures under that program on a separate row under Part II, Item 1
("Federal Awards Expended During Fiscal Period") of Form SF-SAC, including
"FY 2022" in column c ("Additional Award Identification").
17.3 Internal Controls. The Recipient shall establish and maintain internal controls as
required under 2 C.F.R. 200.303.
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17.4 USDOT Record Access.The USDOT may access Recipient records related to this award
under 2 C.F.R. 200.337.
ARTICLE 18
CONTRACTING AND SUBAWARDS
18.1 Build America, Buy America. This award term implements § 70914(a) of the Build
America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429,
1294 (2021) and Office of Management and Budget(OMB) Memorandum M-22-11,
"Initial Implementation Guidance on Application of Buy America Preference in Federal
Financial Assistance Programs for Infrastructure."
Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials Produced
in the United States.
The Recipient shall not use funds provided under this award for a project for infrastructure
unless:
(1) all iron and steel used in the project are produced in the United States this means all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States this
means the manufactured product was manufactured in the United States; and the cost of
the components of the manufactured product that are mined,produced, or manufactured
in the United States is greater than 55 percent of the total cost of all components of the
manufactured product; and
(3) all construction materials are manufactured in the United States this means that all
manufacturing processes for the construction material occurred in the United States.
Inapplicability.
The domestic content procurement preference in this award term only applies to articles,
materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure
project. As such, it does not apply to tools, equipment, and supplies, such as temporary
scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at or within the
finished infrastructure project but are not an integral part of the structure or permanently affixed
to the infrastructure project.
Waivers.
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When necessary, the Recipient may apply for, and the USDOT may grant, a waiver from the
domestic content procurement preference in this award term.
A request to waive the application of the domestic content procurement preference must be in
writing. The USDOT will provide instructions on the waiver process and on the format, contents,
and supporting materials required for any waiver request. Waiver requests are subject to public
comment periods of no less than 15 days and must be reviewed by the Office of Management
and Budget(OMB) Made in America Office.
When the USDOT has made a determination that one of the following exceptions applies, the
awarding official may waive the application of the domestic content procurement preference in
any case in which the USDOT determines that:
(1) applying the domestic content procurement preference would be inconsistent with the
public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced
in the United States in sufficient and reasonably available quantities or of a satisfactory
quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in
the United States will increase the cost of the overall project by more than 25 percent.
There may be instances where an award qualifies, in whole or in part, for an existing waiver
described at hUs,://www.transportation.U�ov/office-DOlicy/tranSDortation-Dolicy/made-in-america.
Definitions
"Construction materials" includes an article, material, or supply—other than an item of primarily
iron or steel; a manufactured product; cement and cementitious materials; aggregates such as
stone, sand, or gravel; or aggregate binding agents or additives that is or consists primarily of:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinyl chloride, composite building
materials, and polymers used in fiber optic cables);
• glass (including optic glass);
• lumber; or
• drywall.
"Domestic content procurement preference" means all iron and steel used in the project are
produced in the United States; the manufactured products used in the project are produced in the
United States; or the construction materials used in the project are produced in the United States.
"Primarily iron or steel" means that the cost of the iron and steel content in the article, material,
or supply exceeds 50 percent of the total cost of all its components. The cost of iron and steel is
the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings,
or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron
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or steel components. The origin of the elements of the iron or steel is not relevant to the
determination of whether it is domestic or foreign.
"Project" means the construction, alteration, maintenance, or repair of infrastructure in the
United States.
(a) 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, subtitle A, 135 Stat. 429, 1294 (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).
(b) 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.
18.2 Small and Disadvantaged Business Requirements. The Recipient shall expend all
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").
18.3 Engineering and Design Services. The Recipient shall award each contract or sub-
contract for program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering, surveying,
mapping, or related services with respect to the project in the same manner that a contract
for architectural and engineering services is negotiated under 2 CFR 200.320or an
equivalent qualifications-based requirement prescribed for or by the Recipient.
18.4 Foreign Market Restrictions. The Recipient shall not allow funds provided under this
award to be used to fund the use of any product or service of a foreign country during the
period in which such foreign country is listed by the United States Trade Representative
as denying fair and equitable market opportunities for products and suppliers of the
United States in procurement and construction.
18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2
C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from
procuring or obtaining certain telecommunications and video surveillance services or
equipment under this award.
18.6 Recipient Responsibilities For Subawards. 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.
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18.7 Subaward and Contract Authorization.
If the USDOT Office for Subaward and Contract Authorization identified in section 5.1 is
"FHWA Office of Acquisition and Grants Management,"then the Recipient shall obtain
prior written approval from the USDOT agreement officer for the subaward or
contracting out of any work under this agreement for Action Plan awards. This provision
does not apply to the acquisition of supplies, material, equipment or general support
services. That approval will be contingent upon a fair and reasonable price determination
on the part of the Recipient and the agreement officer's concurrence on that
determination.
ARTICLE 19
COSTS, PAYMENTS, AND UNEXPENDED FUNDS
19.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide
funding greater than the amount obligated on the SS4A Grant cover page, Item 11,
Federal Funds Obligated. The Recipient acknowledges that USDOT is not liable for
payments exceeding that amount, and the Recipient shall not request reimbursement of
costs exceeding that amount.
19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart
E, including provisions on determining allocable costs and determining allowable costs.
19.3 Timing of Project Costs.
(a) The Recipient shall not charge to this award costs that are incurred after the period of
performance.
(b) The Recipient shall not charge to this award costs that were incurred before the effective
date of award of this agreement, unless there has been an approval pre-award costs under
2 C.F.R. 200.458. pre-award costs under 2 C.F.R. 200.458.
19.4 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.
19.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 10.1 but not
expended on allocable, allowable costs remain the property of the United States.
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19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall
not request reimbursement of a cost before the Recipient has entered an obligation for
that cost.
19.7 Payment Method. The USDOT may deny a payment request that is not submitted using
the method identified in section 5.2.
19.8 Information Supporting Expenditures
(a) If the USDOT Payment System identified in section 5.2 is "DELPHI eInvoicing,"then
when requesting reimbursement of costs incurred or credit for cost share incurred, the
Recipient shall electronically submit the SF 270 (Request for Advance or Reimbursement),
shall identify the Federal share and the Recipient's share of costs, and shall submit
supporting cost detail to clearly document all costs incurred. As supporting cost detail, the
Recipient shall include a detailed breakout of all costs incurred, including direct labor,
indirect costs, other direct costs, and travel.
(b) If the Recipient submits a request for reimbursement that the USDOT determines does
not include or is not supported by sufficient detail, the USDOT may deny the request or
withhold processing the request until the Recipient provides sufficient detail.
19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is
"DELPHI eInvoicing,"then the Recipient shall not request reimbursement more
frequently than monthly.
ARTICLE 20
LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY
20.1 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 availability to eligible entities date, which shall be 5 years after the date on
which the grant is provided.
(b) Liquidation of obligations and adjustment of costs under this agreement follow the
requirements of 2 C.F.R. 200.344-200.346.
ARTICLE 21
AGREEMENT MODIFICATIONS
21.1 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
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may request to amend, modify, or supplement this agreement by written notice to the
other party.
21.2 Unilateral Contact Modifications.
(a) The USDOT may update the contacts who are listed in sections 4.4 by written notice to
all of the Recipient contacts who are listed in section 4.3.
21.3 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 21.3(a), the USDOT must
provide a notice to the Recipient that includes a description of the modification and state
the date that the modification is effective.
21.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement
except as permitted under sections 21.1, 21.2, or 21.3. If an amendment, modification, or
supplement is not permitted under section 21.1, not permitted under section 21.2, and not
permitted under section 21.3, it is void.
ARTICLE 22
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE
22.1 Climate Change and Environmental Justice. Consistent with Executive Order 14008,
"Tackling the Climate Crisis at Home and Abroad" (Jan. 27, 2021), Attachment C
documents the consideration of climate change and environmental justice impacts of the
Proj ect.
ARTICLE 23
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
23.1 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), Attachment D documents activities related to the
Project to improve racial equity and reduce barriers to opportunity.
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ARTICLE 24
FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL
POLICY REQUIREMENTS
24.1 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.
24.2 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.
24.3 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.
24.4 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.
24.5 Whistleblower Protection.
(a) The Recipient acknowledges that it is a"grantee"within the scope of 41 U.S.C. 4712,
which prohibits the Recipient from taking certain actions against an employee for certain
disclosures of information that the employee reasonably believes are evidence of gross
mismanagement of this award, gross waste of Federal funds, or a violation of Federal law
related this this award.
(b) The Recipient shall inform its employees in writing of the rights and remedies provided
under 41 U.S.C. 4712, in the predominant native language of the workforce.
24.6 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;
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(2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive
Compensation;
(3) 2 C.F.R 175.15(b): Trafficking in Persons; and
(4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient
Integrity and Performance Matters.
(b) The Recipient shall comply with:
(1) 49 C.F.R. part 20: New Restrictions on Lobbying;
(2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of
1964;
(3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or
Activities Receiving Federal Financial Assistance; and
(4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free
Workplace (Financial Assistance).
24.7 Incorporated Certifications. The Recipient makes the statements in the following
certifications, which are incorporated by reference:
(1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying).
ARTICLE 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 granted by USDOT under this agreement will not be effective unless it is in
writing and signed by an authorized representative of USDOT.
(b) A waiver granted by USDOT under this agreement on one occasion will not operate as a
waiver on other occasions.
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(c) If USDOT fails to require strict performance of a provision 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 provision or
breach.
ARTICLE 27
ADDITIONAL TERMS AND CONDITIONS
27.1 Effect of Action Plan or Implementation Plan. Based on information that the Recipient
provided to the USDOT, including the Technical Application, at indicated in section 2.5,
this agreement designates this award as an Action Plan award or a Implementation 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.
27.2 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.
27.3 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 27.3(c), the Recipient shall not begin final design;
acquire real property, construction materials, or equipment; begin construction; or take
other actions that represent an irretrievable commitment of resources for the Project
unless and until:
(1) the Environmental Review Entity complies with the National Environmental
Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental
laws and regulations; and
(2) if the Environmental Review Entity is not the Recipient, the Environmental
Review Entity provides the Recipient with written notice that the environmental
review process is complete.
(c) If the Recipient is using procedures for early acquisition of real property under 23
C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R.
710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1).
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(d) The Recipient acknowledges that:
(1) the Environmental Review Entity's actions under section 27.3(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 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 information in this agreement, then:
(1) the parties may amend this agreement under section 21.1 for consistency with the
selected build alternative; or
(2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the
USDOT may terminate this agreement under section 16.1(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.
27.4 Railroad Coordination. If the agreement 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.
27.5 Relocation and Real Property Acquisition.
(a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 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. part 24 subpart C and shall provide reasonable relocation
payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts
D—E.
(c) The Recipient shall make available to displaced persons, within a reasonable period of
time prior to displacement, comparable replacement dwellings in accordance with 49
C.F.R. part 24 subpart E.
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27.6 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 that entity shall request disposition instructions from the FHWA.
(b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the
disposition of equipment must be made in accordance with 2 C.F.R. 200.313-200.316
and 2 C.F.R. 1201.313.
(c) The Recipient shall ensure compliance with this section 27.6 for all tiers of subawards
under this award.
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 20.939 and the "Assistance Listings Title" is
"Safe Streets and Roads for All Grant Program"; and
(3) this award is not for research and development.
ARTICLE 29
CONSTRUCTION AND DEFINITIONS
29.1 Attachments. This agreement includes the following attachments as integral parts:
Attachment A Performance Measurement Information
Attachment B Changes from Application
Attachment C Racial Equity and Barriers to Opportunity
Attachment D Climate Change and Environmental Justice Impacts
Attachment E Labor and Workforce
Attachment F Critical Infrastructure Security and Resilience
29.2 Exhibits. The following exhibits, which are in the document titled"Exhibits to FHWA
Grant Agreements Under the Fiscal Year 2022 SS4A Grant Program", dated February 8,
2023, and available at https://www.transportation.gov/sites/dot.gov/files/2023-02/SS4A-
FY22-FHWA-Exhibits-2023-02-08.pdf, are part of this agreement.
Exhibit A Applicable Federal Laws and Regulations
Exhibit B Additional Standard Terms
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Exhibit C Quarterly Project Progress Reports and Recertifications: Format and
Content
Exhibit D Form for Subsequent Obligation of Funds
29.3 Construction. If a provision in the exhibits or the attachments conflicts with a provision
in articles 1-30, then the provision in articles 1-30 prevails. If a provision in the
attachments conflicts with a provision in the exhibits, then the provision in the
attachments prevails.
29.4 Integration. This agreement constitutes the entire agreement of the parties relating to the
SS4A grant program and awards under that program and supersedes any previous
agreements, oral or written, relating to the SS4A grant program and awards under that
program.
29.5 Definitions. In this agreement, the following definitions apply:
"Program Statute" means the BIL section 24112 and statutory text under the heading
"Safe Streets and Roads for All Grants" in title I of division J of the Infrastructure
Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other
provisions of that act that apply to amounts appropriated under that heading.
"Project" means the project proposed in the Grant Application, as modified by the
negotiated provisions of this agreement, including article 3 and Attachments A—D.
"SS4A Grant"means an award of funds that were made available under the NOFO.
"Grant Application" means the application identified in section 2.1, including Standard
Form 424 and all information and attachments submitted with that form through
Grants.gov.
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 SS4A Grant when the USDOT's authorized representative
signs it.
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