202581456 FHWA Funding Grant.pdf

CITY AND COUNTY OF DENVER

STATE OF COLORADO

DEPARTMENT OF TRANSPORTATION &

INFRASTRUCTURE

FHWA Funding Grant

Contract Number: 202581456

National Western Center Pedestrian Bridge

October 7, 2025

1. Award No.

693JJ32540363

2. Effective Date

See No. 17 Below

3. Assistance

Listings No.

20.940

4. Award To

City and County of Denver

201 W Colfax Ave

Denver, CO 80202-5329

Unique Entity Id.: JHZYLXQAKY33

TIN No.: 84-6000850

5. Sponsoring Office

U.S. Department of Transportation

Federal Highway Administration

Office of Acquisition & Grants

Management

1200 New Jersey Avenue, SE

HCFA-43, Mail Drop E62-204

Washington, DC 20590

6. Period of Performance

Effective Date of Award –

06/30/2031

7. Total Amount

Federal Share:

Recipient Share:

Total:

$35,475,000

$33,195,809

$68,670,809

8. Type of Agreement

Grant

9. Authority

Inflation Reduction Act (IRA), § 60501; 23

U.S.C. 177, enacted as Pub. L. 117-169

(Aug. 16, 2022)

10. Procurement Request No.

HEPP250036PR

11. Federal Funds Obligated

Base Phase: $10,000,000

12. Submit Payment Requests To

See Article 13 of the General Terms and

Conditions.

13. Payment Office

See Article 13 of the General Terms and

Conditions.

14. Accounting and Appropriations Data

1560647B50.2022.060NE02500.6601000000.41010.61006600.0000000000.0000000000.000000

0000.0000000000

15. Description of Project

The project will re-establish and improve internal urban connectivity and multimodal personal mobility choices in an area centered on the South Platte River, between Globeville and Elyria-

Swansea.

RECIPIENT

16. Signature of Person Authorized to Sign

Signature Date

Name: Deborah Turner

Title: Senior Engineering Manager

FEDERAL HIGHWAY ADMINISTRATION

17. Signature of Agreement Officer

Name: David J. Villalobos

Title: Agreement Officer

Docusign Envelope ID: 41B28B78-CF82-493A-8C4B-9CFE8FF389FD

1/17/2025

SEE ATTACHED SIGNATURE PAGE

Title: Denver City Council

U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE

FISCAL YEAR 2023 NEIGHBORHOOD ACCESS AND EQUITY PROGRAM

This agreement is between the United States Department of Transportation (the “USDOT”) and the City and County of Denver (the “Recipient”).

This agreement reflects the selection of the Recipient to receive an NAE Grant for the Reunited Denver Project Globeville Elyria-Swansea.

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 Neighborhood Access and Equity (NAE) Notice of Funding Opportunity: FHWA Projects,” dated October 1, 2024, which is available on the RCN website. 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 NAE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the NAE 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.

SCHEDULE A

ADMINISTRATIVE INFORMATION

1. Application.

Application Title: Reunited Denver Project Globeville & Elyria Swansea

Application Date: 9/29/2023

2. Recipient’s Unique Entity Identifier.

See section 24.3 of the General Terms and Conditions; also see page 1, item 4.

3. Recipient Contact(s).

Deb Turner, P.E.

Senior Manager Department of Transportation & Infrastructure 201 W Colfax Ave, 5th Floor 720-923-4512 deborah.turner@denvergov.org

4. Recipient Key Personnel.

Name Title or Position

Jennifer Bartlett Capital Planning Lead

Sarah DiPietro Deputy Program Director

5. USDOT Project Contact(s).

Vincent Speaks Agreement Specialist (AS) Office of Acquisition and Grants Management HCFA-43, Mail Stop E62-204 1200 New Jersey Avenue, S.E.

Washington, DC 20590

(202) 366-7799 Vincent.Speaks@dot.gov and

Division Administrator Agreement Officer Representative (AOR) FHWA Colorado Division 12300 W. Dakota Avenue, Suite 180 (720)936-3000 Colorado.FHWA@fhwa.dot.gov and

Chris Horn Senior Area Engineer FHWA Colorado Division 12300 W. Dakota Avenue, Suite 180 (720)936-3017 Chris.Horn@dot.gov and

Ajin Hu Grants Program Manager FHWA Colorado Division 12300 W. Dakota Avenue, Suite 180 (720)963-3071 Ajin.Hu@dot.gov and

Damaris Santiago Capital Construction/Regional Partnership - Capital Director, Office of Project Development and Environmental Review Federal Highway Administration Office of Planning, Environment, and Realty 1200 New Jersey Ave, SE, Washington, DC 20590

6. Payment System.

USDOT Payment System: DELPHI eInvoicing

7. Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

8. Federal Award Identification Number.

See section 24.2 of the General Terms and Conditions; also see page 1, item 1.

9. Designated Subrecipient.

Designated Subrecipient: None

SCHEDULE B

PROJECT ACTIVITIES

1. General Project Description.

The project will re-establish and improve internal urban connectivity and multimodal personal mobility choices in an area centered on the South Platte River, between Globeville and Elyria-Swansea.

2. Statement of Work.

This project will construct a new pedestrian bridge, a new multimodal bridge and greenway, a new safety crossing at railroad tracks across National Western Center Drive and remediate a contaminated parcel adjacent to the RTD station in anticipation of development.

Base Phase:

Element 1 Construction: Pedestrian Bridge – 48th Brighton Station. Install a new pedestrian bridge between National Western Center Campus and the 48th and Brighton Transit Station.

Option Phase 1 - Element 2, 3, and 4 (Construction only):

Element 2 - 48th Avenue Greenway + Bettie Cram Bridge – Construct 48th Ave Greenway between Washington St and the South Platte River and construct a new multimodal bridge connecting 48th Avenue to National Western Center Campus.

Element 3 - Construction of At-Grade Railroad Safety Improvements- Trackwork, installation of active warning devices, sidewalk and roadway surface work.

Element 4- Environmental Remediation & Site Preparedness: Remediate buried landfill and prepare site for redevelopment.

SCHEDULE C

AWARD DATES AND PROJECT SCHEDULE

1. Award Dates.

Budget Period End Date: 10/31/2028

Period of Performance End Date: See section 4.5 of the General Terms and Conditions; also see page 1, item 6.

2. Estimated Project Schedule.

Milestone Schedule Date

Base Phase: Element 1 - Pedestrian Bridge – 48th Brighton Station Planned Construction Substantial Completion and Open to Traffic Date:

03/31/2027

Option Phase 1: Element 2 - 48th Avenue Greenway + Bettie Cram Bridge,, Element 3 - At- Grade Railroad Safety Improvements, Element 4 Environmental Remediation & Site Preparedness - Planned Construction Substantial Completion and Open to Traffic Date:

10/31/2027

3. Special Milestone Deadlines.

Milestone Deadline Date

Railroad Coordination Agreement – Element 2 January 31, 2025

Railroad Coordination Agreement – Element 3 January 31, 2025

4. Prerequisite Dates.

Milestone Date

Added to Metropolitan Long-Range Plan N/A

Added to Metropolitan Transportation Improvement Program

(TIP)

9/23/24

Added to Statewide Transportation Improvement Program

(STIP)

9/24/24

Added to Tribal Transportation Improvement Program (TTIP) N/A

SCHEDULE D

AWARD AND PROJECT FINANCIAL INFORMATION

1. Award Amount.

NAE Grant Amount: $35,475,000

2. Federal Obligation Information.

Federal Obligation Type: Multiple

Obligation Condition Table

Phase and Scope of the Project

Phase of the NAE Grant

Obligation Condition

Base Phase: Element 1- Pedestrian Bridge – 48th Brighton Station

$10,000,000

Optional Phase 1: Element 2- Bettie Cram Bridge Planned Construction, Element 3- At-Grade Railroad Safety Improvements, Element 4 - Environmental Remediation & Site Preparedness

$25,475,000

If the FHWA Colorado Division Office confirms the Recipient has met all the applicable Federal State, and local requirements.

3. Approved Project Budget.

Eligible Project Costs

Base Phase: Element 1- Pedestrian Bridge –

48th Brighton Station

Option Phase 1: Element 2- Bettie Cram Bridge Planned Construction, Element 3- At-Grade Railroad Safety Improvements, Element 4 -

Environmental Remediation & Site Preparedness

Total

NAE Funds: $10,000,000 $25,475,000 $35,475,000

Other Federal Funds: $0.00 $0.00 $0.00

Non Federal Funds $13,609,503 $19,586,306 $33,195,809

Total $23,609,503 $45,061,306 $68,670,809

4. Approved Pre-award Costs

None. The USDOT has not approved under this award any pre-award costs under 2 C.F.R. 200.458.

SCHEDULE E

CHANGES FROM APPLICATION

INSTRUCTIONS FOR COMPLETING SCHEDULE E: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, budget described in schedules B–D. The purpose of this schedule E is to clearly and accurately document the differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. If there are notable changes in aspects of the Project other than scope, schedule, and budget (e.g., recipient changes), those changes should also be described.

See section 3.1 of the General Terms and Conditions.

Scope: No changes

Schedule: No changes

Budget:

The table below provides a summary comparison of the Project budget. The project cost was slightly higher than requested and the Non-Federal Funds amount has increased due to a cost increase on Element 1: Pedestrian Bridge in the 100% Engineer’s Estimate.

Fund Source Application Schedule D

Previously Incurred Costs

Federal Funds Non-Federal Funds

Total Previously Incurred Costs Future Eligible Project Costs

NAE Funds $35,436,606 52 $35,475,000 52 Other Federal Funds Non-Federal Funds $32,475,000 48 $33,195,809 48

Total Future Eligible Project Costs $67,911,306 $68,670,809 100 Total Project Costs $67,911,306 $68,670,809

Other:

SCHEDULE F

NAE PROGRAM DESIGNATIONS

1. Capital Construction or Planning Designation.

Capital-Planning Designation: Capital

2. Regional Partnership Challenge Grant

Regional Partnership Designation: No

3. Economically Disadvantaged Community Designation.

Economically Disadvantaged Community Designation: Yes

4. Funding Source.

Funding Source: General Fund

5. Security Risk Designation: Low

SCHEDULE G

NAE PERFORMANCE MEASUREMENT INFORMATION

Measure #1:

Name: Mode safety at 48th Ave/Bettie Cram Bridge Description: Annual and/or monthly count of serious injuries/fatalities by mode Merit Criterion: Safety, Mobility Measurement Frequency: Annual Measurement Location(s): 48th Avenue @ Bettie Cram Bridge Projected Outcome: Projected value anticipated to be 0 serious bicycle injuries/fatalities, 0 serious pedestrian injuries/fatalities, 0 serious vehicle injuries/fatalities

Measure #2:

Name: Passenger Counts at Rail Station Description: Count of the passenger boardings and alightings at stations within the project area.

Merit Criterion: Mobility and Community Connectivity Measurement Frequency: Annual Measurement Location(s): RTD station

Projected Outcome: Increase in passenger boardings and alightings

Reserved.

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:

The Project is a planning project and incorporates consideration of climate change and environmental justice impacts. (Identify how the planning project incorporates consideration of climate change and environmental justice impacts in the narrative below.)

x The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)

The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)

The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)

x The Recipient or a project partner used environmental justice tools, such as the Climate & Economic Justice Screening Tool (CEJST), USDOT’s Equitable Transportation Community (ETC) Explorer, or the EPA’s EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.)

The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)

The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)

The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)

The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.)

The Project promotes energy efficiency. (Describe how in the supporting narrative below.)

The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)

The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)

The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity.

(Describe how in the supporting narrative below.)

The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)

The Project supports or incorporates the construction of energy- and location-efficient buildings. (Describe how in the supporting narrative below.)

The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)

The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)

The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.

2. Supporting Narrative.

The Project directly supports a Local Climate Action Plan that results in lower greenhouse gas emissions.

Denver’s Climate Action Plan (2018) presents a City-wide goal to reduce GHG emissions from 2019 levels. This project directly supports the City’s goal to dedicate 50% of Climate Action funding to directly benefit people of color, Indigenous people, low-income households, people living with chronic health conditions, children, older adults, and others most impacted by climate change.

In addition, Denver Moves Everyone2050 is a citywide plan that prioritizes equitable and safe solutions and seeks to improve the movement of goods and services. The plan focuses on improving rolling, walking, bicycling, transit, and driving. This project furthers Denver Moves Everyone 2050 by improving narrow and missing sidewalks, improving transit stops, and adding landscaping, adding turn lanes to improve traffic flow; replacing existing streetlights with energy efficient LEDs along the corridor; and installing improved drainage and stormwater functions to improve water quality and address continued local drainage and regional flooding from the nearby South Platte River.

The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities.

Denver used EJSCREEN as a basis for public outreach during the NEPA phase to solicit feedback that will identify community-preferred methods to avoid, minimize, or mitigate adverse impacts of the project on the neighborhood community.

Schedule I Equity And Barriers To Opportunity

1. Efforts to Improve Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table are accurate :

The Project is a planning project and incorporates consideration of racial equity and barriers to opportunity. (Identify how the planning project incorporates consideration of racial equity and barriers to opportunity in the narrative below.)

A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)

x

The Recipient or a project partner has adopted an equity and inclusion program/plan, or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)

The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.)

The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.)

The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)

The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)

The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

2. Supporting Narrative.

The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project.

Denver’s Department of Transportation and Infrastructure is actively participating in the Construction Empowerment Initiative (CEI), Conference of Minority Transportation O icials and Hispanic Contractors of Colorado meetings to encourage minority-owned business involvement. In addition, Denver will utilize the Denver Economic Development O ice’s

Construction Careers Pilot program, WORKNOW, which seeks to uplift employees with skills training and support, MWBEs and SBEs, and provide support to small businesses.

3. Community Engagement Activities.

Through final design of the 48th Ave Greenway and Bettie Cram Bridge we'll have routine communication (updates, requests for feedback on design) through the CAG meetings and project website. Once construction starts, there will be extensive public involvement including website updates, fliers, public meetings, email distribution, hotline for people to call. All communications and community engagement are coordinated by a dedicated team, the GES Program of Projects communication team or GES PoP team.

4. Activities to Safeguard Affordability.

The 2016 Gentrification Study: Mitigating Involuntary Displacement report recognized scaled and thoughtful investments would prevent displacement. The multimodal investments in this grant application are designed to provide internal circulation to the residents of GES (identified in Figure 1 on the proceeding page). Affordable transportation and housing have been a barrier to income equity to many GES residents. This Project facilities a 15-minute walk-shed to the major amenities in the area and would generate thousands of construction jobs.

SCHEDULE J

LABOR AND WORKFORCE

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 Project is a planning project. (Identify in the narrative below the extent to which, if any, the planning project incorporates consideration of good-paying jobs and strong labor standards.)

The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)

The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.)

The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)

The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)

The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.)

The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)

x The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)

The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:

a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law;

b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements;

c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;

d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin;

e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and

f. maintaining robust anti-retaliation measures covering employees and contractors.

(Describe the equal opportunity plan in the supporting narrative below.)

The Recipient has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards.

(Describe those actions in the supporting narrative below.)

The Recipient has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)

The Recipient has not taken actions related to the Project to improving good-paying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups.

The City’s WorkNow and other programs align with Executive Order 14025, Executive Order 14052, and EO 11246, 30 FR 12319, and as amended. Under Section 503 of the Rehabilitation Act, the City will work with contractors to include an aspirational goal to hire workers with disabilities. The City’s WorkNow program supports FHWA’s 86 FR 27667, that encourages federal funding recipients to incorporate hiring preferences or innovative contracting approaches that target outcomes for historically disadvantaged communities. DOTI would target the hiring of the historically disadvantaged residents of GES zip codes for this proposed federally funded project.

Contract Control Number: DOTI-202477031-00 Contractor Name: United States Department of Transportation, Federal Highway Administration

IN WITNESS WHEREOF, the parties have set their hands and affixed their seals at Denver, Colorado as of:

SEAL CITY AND COUNTY OF DENVER:

ATTEST: By:

APPROVED AS TO FORM: REGISTERED AND COUNTERSIGNED:

Attorney for the City and County of Denver

By:

Contract Control Number: DOTI-202477031-00 Contractor Name: United States Department of Transportation, Federal Highway Administration

By: _______________________________________

Name: _____________________________________ (please print)

Title: _____________________________________

ATTEST: [if required]

By: _______________________________________

Name: _____________________________________

Title: _____________________________________

U.S. DEPARTMENT OF TRANSPORTATION

GENERAL TERMS AND CONDITIONS UNDER THE FISCAL YEAR 2023

NEIGHBORHOOD ACCESS AND EQUITY PROGRAM:

FHWA PROJECTS

Revision date: October 1, 2024

Table of Contents

Article 1 Purpose

1.1 Purpose

Article 2 USDOT Role

2.1 Division of USDOT Responsibilities

2.2 USDOT Program Contacts

Article 3 Recipient Role

3.1 Statements on the Project

3.2 Statements on Authority and Capacity

3.3 USDOT Reliance

3.4 Project Delivery

3.5 Rights and Powers Affecting the Project

3.6 Notification of Changes to Key Personnel

3.7 Subaward to Designated Subrecipient

3.8 Designated Subrecipient Statements and Responsibilities

Article 4 Award Amount, Obligation, and Time Periods

4.1 Federal Award Amount

4.2 Federal Funding Source

4.3 Federal Obligations

4.4 Budget Period

4.5 Period of Performance

Article 5 Statement of Work, Schedule, and Budget Changes

5.1 Notification Requirement

5.2 Scope and Statement of Work Changes

5.3 Schedule Changes

5.4 Budget Changes

5.5 USDOT Acceptance of Changes

Article 6 General Reporting Terms

6.1 Report Submission

6.2 Alternative Reporting Methods

6.3 Paperwork Reduction Act Notice

Article 7 Progress and Financial Reporting

7.1 Quarterly Project Progress Reports and Recertifications

7.2 Final Progress Reports and Financial Information

Article 8 Performance Measurement and Reporting

8.1 Baseline Performance Measurement

8.2 Post-construction Performance Measurement

8.3 Project Outcomes Report

8.4 General Performance Measurement Requirements

8.5 Outcome Measurement and Reporting Survival

Article 9 Noncompliance and Remedies

9.1 Noncompliance Determinations

9.2 Remedies

9.3 Other Oversight Entities

Article 10 Agreement Termination

10.1 USDOT Termination

10.2 Closeout Termination

10.3 Post-Termination Adjustments

10.4 Non-Terminating Events

10.5 Other Remedies

Article 11 Monitoring, Financial Management, Controls, and Records

11.1 Recipient Monitoring and Record Retention

11.2 Financial Records and Audits

11.3 Internal Controls

11.4 USDOT Record Access

11.5 Oversight Responsibilities

Article 12 Contracting and Subawards

12.1 Minimum Wage Rates

12.2 Buy America

12.3 Small and Disadvantaged Business Requirements

12.4 Engineering and Design Services

12.5 Prohibition on Certain Telecommunications and Video Surveillance Services or

Equipment

12.6 Pass-through Entity Responsibilities

12.7 Subaward and Contract Authorization

Article 13 Costs, Payments, and Unexpended Funds

13.1 Limitation of Federal Award Amount

13.2 Projects Costs

13.3 Timing of Project Costs

13.4 Recipient Recovery of Federal Funds

13.5 Unexpended Federal Funds

13.6 Timing of Payments to the Recipient

13.7 Payment Method

13.8 Information Supporting Expenditures

13.9 Reimbursement Frequency

Article 14 Liquidation, Adjustments, and Funds Availability

14.1 Liquidation of Recipient Obligations

14.2 Funds Cancellation

Article 15 Agreement Modifications

15.1 Bilateral Modifications

15.2 Unilateral Contact Modifications

15.3 USDOT Unilateral Modifications

15.4 Other Modifications

Article 16 Climate Change and Environmental Justice

16.1 Climate Change and Environmental Justice

Article 17 Equity and Barriers to Opportunity

17.1 Equity and Barriers to Opportunity

17.2 Community Engagement Activities

17.3 Activities to Safeguard Affordability

Article 18 Labor and Work

18.1 Labor and Work

18.2 OFCCP Mega Construction Project Program

Article 19 Critical Infrastructure Security and Resilience

19.1 Critical Infrastructure Security and Resilience

Article 20 Federal Financial Assistance, Administrative, and National Policy Requirements

20.1 Uniform Administrative Requirements for Federal Awards

20.2 Federal Law and Public Policy Requirements

20.3 Federal Freedom of Information Act

20.4 History of Performance

20.5 Whistleblower Protection

20.6 External Award Terms and Obligations

20.7 Incorporated Certifications

Article 21 Assignment

21.1 Assignment Prohibited

Article 22 Waiver

22.1 Waivers

Article 23 Additional Terms and Conditions

23.1 Effect of Economically Disadvantaged Community Designation

23.2 Disclaimer of Federal Liability

23.3 Relocation and Real Property Acquisition

23.4 Equipment Disposition

23.5 Environmental Review

23.6 Railroad Coordination

Article 24 Mandatory Award Information

24.1 Information Contained in a Federal Award

24.2 Federal Award Identification Number

24.3 Recipient’s Unique Entity Identifier

Article 25 Construction and Definitions

25.1 Schedules

25.2 Exhibits

25.3 Construction

25.4 Integration

25.5 Definitions

Article 26 Agreement Execution and Effective Date

26.1 Counterparts

26.2 Effective Date

Index of Definitions

Administering Operating Administration Designated Subrecipient ................................................................................ Schedule A, Section 9 Environmental Review Entity Federal Share

FHWA

General Terms and Conditions

IIJA

NAE Grant

NOFO

OFCCP

OMB

Program Statute Project Project Closeout Project Cost Savings RCN Program Recipient .................................................................................................... Project-Specific Recitals Regional Partnership Challenge Grant Technical Application

USDOT

GENERAL TERMS AND CONDITIONS

The Inflation Reduction Act, Pub. L. No. 117-169 (Aug. 16, 2022) (the “IRA”) made funds available to the United States Department of Transportation (the “USDOT”) for fiscal year 2022 to remain available until September 30, 2026, to carry out the Neighborhood Access and Equity (NAE) Grant Program by providing competitive grants to improve walkability, safety, and affordable transportation access; remove, remediate, reuse, replace, retrofit, or cap a dividing or burdening surface transportation facility (as defined in the Notice of Funding Opportunity); build or improve complete streets, multiuse trails, regional greenways, or active transportation networks and spines; provide affordable access to essential destinations, public spaces, or transportation links and hubs; or mitigate or remediate negative impacts on the human or natural environment resulting from a dividing or burdening facility. The USDOT program administering those funds is the Reconnecting Communities and Neighborhoods Program (the “RCN Program”). These General Terms and Conditions apply specifically to NAE Program awards.

On July 5, 2023, the USDOT posted a funding opportunity at Grants.gov with funding opportunity title “Neighborhood Access and Equity Discretionary Grant Program” and funding opportunity number DOT-NAE-FY23-01. The notice of funding opportunity posted at Grants.gov, as amended on August 21, 2023, (the “NOFO”) solicited applications for Federal financial assistance under the fiscal year 2023 NAE Program. On March 13, 2024, 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 RCN Program. The term “Recipient” is defined in the project-specific portion of the agreement. The project-specific portion of the agreement includes schedules A through J. The project-specific portion of the agreement may include special terms and conditions in project-specific articles.

ARTICLE 1

PURPOSE

1.1 Purpose. The purpose of this award is to fund an eligible project that improves walkability, safety, and affordable transportation access through context-sensitive strategies; addresses an existing eligible facility that create barriers to community connectivity or negative impacts on the human or natural environment, especially in disadvantaged or underserved communities; conducts planning and capacity building activities in disadvantaged or underserved communities; or conducts technical assistance to units of local government to facilitate efficient and effective contracting, design, and project delivery and to build capacity for delivering surface transportation projects. 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.

In this section, the term “facility,” is used as defined at 23 U.S.C. 177(c).

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 RCN Program, the approval of this agreement, and any modifications to this agreement under section 15.1.

(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.

If the Capital-Planning Designation in section 1 of schedule F is “Planning”:

FHWA NAE Program Manager—Planning Grants Kenneth Petty Federal Highway Administration Office of Planning, Environment, and Realty 1200 New Jersey Avenue SE Room E72-330 Washington, DC 20590

(202) 366-6654 Kenneth.Petty@dot.gov

If the Capital-Planning Designation in section 1 of schedule F is “Capital Construction”:

FHWA NAE Program Manager—Capital Construction Grants Karen Perritt Federal Highway Administration Office of Planning, Environment, and Realty 1200 New Jersey Avenue SE Room E76-326 Washington, DC 20590

(202) 366-9482 karen.perritt@dot.gov

And for all awards under the RCN Program:

OST RCN Program Manager United States Department of Transportation Office of Infrastructure Deployment (OST P-40) 1200 New Jersey Avenue SE Washington, DC 20590 ReconnectingCommunities@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.

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 Neighborhood Access and Equity (NAE) Program 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 20.7 on behalf of the Recipient.

3.3 USDOT Reliance. The Recipient acknowledges that:

(1) the USDOT relied on statements of fact in the Technical Application to select the Project to receive this award;

(2) the USDOT relied on statements of fact in both the Technical Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO;

(3) the USDOT relied on statements of fact in both the Technical Application and this agreement to establish the terms of this agreement; and

(4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.

3.4 Project Delivery.

(a) The Recipient shall complete the Project under the terms of this agreement.

(b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all Federal laws, regulations, and policies that are applicable to projects of the Administering Operating Administration.

3.5 Rights and Powers Affecting the Project.

(a) The Recipient shall not take or permit any action that deprive it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT.

(b) The Recipient shall act promptly, in a manner acceptable to the USDOT, to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement.

3.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in section 5 of schedule A in writing within 30 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 article 7.

ARTICLE 4

AWARD AMOUNT, OBLIGATION, AND TIME PERIODS

4.1 Federal Award Amount. The USDOT hereby awards a Neighborhood Access and Equity (NAE) Program Grant to the Recipient in the amount listed in section 1 of schedule D as the NAE Program Grant Amount.

4.2 Federal Funding Source. If section 4 of schedule F identifies the Funding Source as “General Fund,” then the NAE Grant is from NAE Program funding that was made available in fiscal year 2022 to be available until September 30, 2026, to be available until September 30, 2026, at IRA, tit. VI, subt. E § 60501.

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 NAE Program 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 NAE Program 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 NAE Program Grant Amount among separate portions of the Project for the purpose of the Federal obligation of funds. The scope of each portion of the Project that is identified in that table is described in section 2 of schedule B.

(d) This agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2 of schedule D to portions of the Project for which that table does not list an obligation condition.

(e) This agreement does not obligate amounts allocated in the Obligation Condition Table in section 2 of schedule D to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only as described in section 4.3(f) or by modifying this agreement under article 15.

(f) For each portion of the Project for which the Obligation Condition Table in section 2 of schedule D lists an obligation condition, the amount allocated in that table to that portion of the Project is obligated if the parties execute an instrument, in the form provided in Exhibit D, documenting that:

(1) the USDOT determines that the obligation condition listed in that table for that portion of the Project is satisfied;

(2) the USDOT determines that all applicable Federal requirements for obligating the amount are satisfied; and

(3) the Recipient states that it is not required to request a modification of this agreement under article 5.

(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) The Recipient acknowledges that 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).

4.4 Budget Period. The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 1 of schedule C. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.

4.5 Period of Performance.

(a) If the USDOT Payment System identified in section 6 of schedule A is “FMIS,” then the period of performance for this award begins on the date of this agreement and ends on project end date in FMIS.

(b) If the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing,” then the period of performance for this award is listed on page 1, line 6 of the project-specific agreement.

(c) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1.

ARTICLE 5

STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES

5.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 5 of schedule A in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 5.1 is separate from any requirements under this article 5 that the Recipient request modification of this agreement.

5.2 Scope and Statement of Work Changes. If the Project’s activities differ from the activities described in schedule B, then the Recipient shall request a modification of this agreement to update schedule B.

5.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request a modification of this agreement to update schedule C:

(1) a completion date for the Project or a component of the Project is listed in section 2 of schedule C and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 2 of schedule C;

(2) a schedule change would require the budget period to continue after the budget period end date listed in section 1 of schedule C; or

(3) the USDOT Payment System identified in section 6 of schedule A is “DELPHI eInvoicing” and a schedule change would require the period of performance to continue after the period of performance listed on page 1, line 6 of the project-specific agreement.

For other schedule changes, the Recipient shall follow the applicable procedures of the Administering Operating Administration and document the changes in writing.

5.4 Budget Changes.

(a) The Recipient acknowledges that if the cost of completing the Project increases:

(1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and

(2) the USDOT will not increase the amount of this award to address any funding shortfall.

(b) The Recipient shall request a modification of this agreement to update schedule D if, in comparing the Project’s budget to the amounts listed in section 3 of schedule D:

(1) the total “Non-Federal Funds” amount decreases; or

(2) the total eligible project costs amount decreases.

(c) For budget changes that are not identified in section 5.4(b), the Recipient shall follow the applicable procedures of the Administering Operating Administration and document the changes in writing.

(d) If there are Project Cost Savings, then the Recipient may propose to the USDOT, in writing consistent with the Administering Operating Administration’s requirements, to include in the Project specific additional activities that are within the scope of this award, as defined in section 1.1 and schedule B, and that the Recipient could complete with the Project Cost Savings.

In this agreement, “Project Cost Savings” means the difference between the actual eligible project costs and the total eligible project costs that are listed in section 3 of schedule D, but only if the actual eligible project costs are less than the total eligible project costs that are listed in section 3 of schedule D. There are no Project Cost Savings if the actual eligible project costs are equal to or greater than the total eligible project costs that are listed in section 3 of schedule D.

(e) If there are Project Cost Savings and either the Recipient does not make a proposal under section 5.4(d) or the USDOT does not accept the Recipient’s proposal under section 5.4(d), then:

(1) in a request under section 5.4(b), the Recipient shall reduce the Federal Share by the Project Cost Savings; and

(2) if that modification reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall refund to the USDOT the difference between the reimbursed costs and the revised award.

In this agreement, “Federal Share” means the sum of the total “NAE 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.

part 901).

5.1 USDOT Acceptance of Changes.

The USDOT may accept or reject modifications requested…