Attachment 2 - Project Terms.PDF

Version Date: April 30, 2025

Attachment 2

PROJECT-SPECIFIC

TERMS AND CONDITIONS

Project-Specific Terms and Conditions

Table of Contents

ARTICLE 1: PROJECT-SPECIFIC DESIGNATIONS

1.1 Recipient

1.2 Project and Purpose

1.3 Program Designations

ARTICLE 2: SPECIAL TERMS AND CONDITIONS

ARTICLE 3: ADMINISTRATIVE INFORMATION

3.1 Application

3.2 FRA Awarding Official

3.3 Federal Award Date

3.4 Program Name and Assistance Listings Number

3.5 Recipient’s Unique Entity Identifier

3.6 Federal Award Identification Number

ARTICLE 4: STATEMENT OF WORK

4.1 General Project Description

4.2 Project Location

4.3 Project Scope

4.4 Implement Required Environmental Commitments

ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE

5.1 Award Dates

5.2 Estimated Project Schedule

ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION

6.1 Award Amount

6.2 Federal Obligation Information

6.3 Federal Authorization and Funding Source

6.4 Funding Availability

6.5 Approved Project Budget

6.6 Pre-Award Costs

6.7 Phased Funding Agreement

ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION

ARTICLE 8: ENVIRONMENTAL COMPLIANCE

ARTICLE 9: LABOR AND WORK

9.1 Efforts to Support Good-Paying Jobs and Strong Labor Standards

9.2 Supporting Narrative

ARTICLE 1: PROJECT-SPECIFIC DESIGNATIONS

1.1 Recipient

This Agreement (Agreement) is between the Federal Railroad Administration (FRA) and the City of Eau

Claire, WI (the Recipient).

1.2 Project and Purpose

The purpose of this award is to fund a Fiscal Year (FY) 2022 Railroad Crossing Elimination Program grant for the Galloway Street Vehicular and Pedestrian Rail Crossing Eliminations and Construction of Galloway

St. Rail Overpass (the Project), as described in Article 4 of this Attachment 2, to help achieve the goals identified in the Notice of Funding Opportunity for Railroad Crossing Elimination Program, 87 Fed. Reg.

40335, July 6, 2022, that solicited applications for Federal financial assistance. FRA and the Recipient will accomplish that purpose by timely completing the Project and ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Application.

1.3 Program Designations

(a) Research and Development. This award not for research and development.

(b) Project Size. This award is for a non-Major Project as that term is defined in FRA Guidance on Development and Implementation of Railroad Capital Projects, January 11, 2023 (Railroad

Capital Projects Guidance).

(c) Phased Funding. This award is not a phased funding agreement as further discussed in

Section 6.7 of this Attachment 2.

(d) Grant or Cooperative Agreement. This award is made as a Grant Agreement

(e) Security Risk. This award is for a Project that has a low security risk.

(f) Rural Area. This award not for a Project in a Rural Area.

ARTICLE 2: SPECIAL TERMS AND CONDITIONS

Pursuant to the court’s preliminary injunction order in State of California v. Duffy, 1:25-cv-00208-JJM-PAS

(D.R.I.) (June 19, 2025), DOT will not impose or enforce the challenged immigration enforcement condition* or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to Plaintiff States or local government entities within those States (collectively referred to as

“Plaintiff State Entities”), or otherwise rescind, withhold, terminate, or take other adverse action, absent specific statutory authority, based on the challenged immigration enforcement condition while DOT is subject to an injunction. DOT will not require Plaintiff State Entities to make any certification or other representation related to compliance the challenged immigration enforcement condition nor will DOT construe acceptance of funding from DOT as certification as to the challenged immigration enforcement condition.

*The challenged immigration enforcement condition:

“[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law.”

ARTICLE 3: ADMINISTRATIVE INFORMATION

3.1 Application

Application Title: Galloway Street Vehicular and Pedestrian Rail Crossing Eliminations and Construction of

Galloway St. Rail Overpass and Connections to Trail and Ball Street in a Qualified Census Tract

Neighborhood

Application Date: October 10, 2022

3.2 FRA Awarding Official

FRA Office of Railroad Development

Federal Railroad Administration

1200 New Jersey Ave, SE

Washington, DC 20590

FRA-Grants@dot.gov

3.3 Federal Award Date

The “Federal Award Date” is the effective date of this Agreement, as defined under Section 25.2 of

Attachment 1 of this Agreement.

3.4 Program Name and Assistance Listings Number

For the FY 2022 Railroad Crossing Elimination Program, the Assistance Listings Number is 20.327 and the

Assistance Listings Title is Railroad Crossing Elimination.

3.5 Recipient’s Unique Entity Identifier

The Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. § 25.415, is listed in Section 1B on the

Agreement cover sheet.

3.6 Federal Award Identification Number

The Federal Award Identification Number is listed in Section 2 on the Agreement cover sheet as the

“Agreement Number.”

ARTICLE 4: STATEMENT OF WORK

4.1 General Project Description

The Recipient will complete project development, final design, right-of-way acquisition, and construction for the elimination of two at-grade crossings, a vehicle crossing (USDOT Crossing Inventory Number:

921335H) and a pedestrian trail crossing (USDOT Crossing Inventory Number: 183949E), at the intersection of Galloway Street (St) and Union Pacific Railroad (UPRR) line. The project development work will only consist of National Environmental Policy Act (NEPA) work. The Recipient will replace the existing at-grade highway crossing as well as the pedestrian at-grade crossing with a new, grade-separated overpass. The new overpass will also make for a seamless connection between two segments of the

Chippewa River Regional Trail, which is currently divided by Galloway Street. This grade separation will eliminate a significant rail crossing in the downtown area and improve travel time for both vehicle commuters and pedestrians, eliminate accidents at the crossing, reduce idling emissions, eliminate vehicular traffic bottlenecks, and provide accommodation for expected future demand for both freight and commuter rail and vehicular traffic.

4.2 Project Location

The project is located in the downtown area of the City of Eau Claire, Wisconsin and is located east of

Banbury Place and Boyd Park pedestrian bridge, where Galloway Street has an at-grade UPRR rail crossing.

Galloway Street is the primary connecting route between downtown Eau Claire and the River Prairie development in the adjacent community of Altoona. The average daily traffic along Galloway Street is over 4,400 vehicles as of August 30, 2021. Galloway Street eventually connects with U.S. Highway 53, a well-used regional highway moving vehicular and truck traffic into the north and northwestern rural reaches of Wisconsin. The rail crossing is most accurately described as occurring at Latitude 44.8151540 degrees and at 91.4832950 Longitudinal degrees.

4.3 Project Scope

The Recipient will notify FRA in writing of any requested changes in Project Scope and will not proceed with the changed scope unless approved by FRA in writing. If approved, changes to Project Scope may require additional environmental review or an amendment to this Agreement.

Task 1: Project Administration and Management

Subtask 1.1: Project Administration

The Recipient will perform all tasks required for the Project through a coordinated process, which will involve affected railroad owners, operators, and funding partners, including:

• Eau Claire County

• Wisconsin Department of Transportation (WisDOT)

• Union Pacific Railroad (UPRR)

• FRA

The Recipient will facilitate the coordination of all activities necessary for implementation of the Project.

The Recipient will:

• complete necessary steps to hire a qualified consultant/contractor to perform required Project work, as necessary;

• hold regularly scheduled Project meetings with FRA;

• inspect and approve work as it is completed; and

• participate in other coordination, as needed.

The Recipient will demonstrate to FRA that it is carrying out the project benefits in the most cost-efficient manner.

Subtask 1.2: Project Management Plan

The Recipient will prepare a Project Management Plan (PMP), that describes how the Project will be implemented and monitored to ensure effective, efficient, and safe delivery of the Project on time and within budget. The PMP will describe, in detail, the activities and steps necessary to complete the tasks outlined in this Statement of Work.

The PMP will include a Project Schedule and Project Budget for the work to be performed under this

Agreement. The Project Schedule will be consistent with the Estimated Project Schedule in Section 5.2 of this Attachment 2 but provide a greater level of detail. Similarly, the Project Budget should be consistent with the Approved Project Budget in Section 6.5 of this Attachment 2 but provide a greater level of detail.

The Recipient will submit the PMP to FRA for review and approval. The Recipient will implement the

Project as described in the approved PMP. The Recipient will not begin work on subsequent tasks until

FRA has provided written approval of the PMP, unless FRA has provided pre-award authority for such work under Section 6.6 of this Attachment 2. FRA will not reimburse the Recipient for costs incurred in contravention of this requirement.

FRA may require the Recipient to update the PMP. The Recipient will submit any such updates to FRA for review and approval, and FRA will determine if updates to the PMP require an amendment to this

Agreement. The Project Budget and Project Schedule may be revised consistent with Article 5 of

Attachment 1 of this Agreement without amending this Agreement.

The Recipient will identify agreements governing the construction, operation, and maintenance of the

Project in the PMP. If requested by FRA, the Recipient will provide FRA the final, executed copies of any agreements within ten business days of the request.

The PMP will be consistent with the FRA Guidance on Development and Implementation of Railroad

Capital Projects (Railroad Capital Projects Guidance) and 49 U.S.C. § 22903, as applicable.

Subtask 1.3: Project Closeout

The Recipient will submit a Final Performance Report as required by Section 7.2 of Attachment 1 of this

Agreement, which should describe the cumulative activities of the Project, including a complete description of the Recipient’s achievements with respect to the Project objectives and milestones.

Task 1 Deliverables:

Deliverable ID Subtask Deliverable Name

1.1 1.2 Project Management Plan

1.2 1.3 Final Performance Report

Task 2: Environmental Review

The Recipient will develop environmental documentation as directed by FRA and in accordance with 23

CFR 771, 23 CFR 774, Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108; 36 C.F.R.

part 800), and all other applicable federal environmental planning requirements. The anticipated National

Environmental Policy Act (NEPA) Class of Action (CoA) for this project is a Categorical Exclusion (CE). The

CoA is subject to change at FRA’s discretion. The Recipient will use qualified environmental and cultural resource professionals to evaluate the Project’s impacts on environmental and cultural resources; this may include but is not limited to performing literature and desktop reviews and field reconnaissance, preparing reports, facilitating public and/or agency review as required based on the CoA, requesting information from relevant resource or regulatory agencies, drafting consultation letters, participating in meetings with project partners, stakeholders and/or the public, and drafting NEPA documentation. The

Recipient will use and/or follow any existing FRA forms, templates, and/or guidance. The Recipient will identify potential environmental/cultural resources concerns early on and will coordinate with FRA to identify necessary studies and consultations in accordance with FRA’s NEPA regulations and other relevant environmental review requirements.

Task 2 Deliverables:

Deliverable ID Deliverable Name

2 Draft & Final Environmental Documentation

Task 3: Final Design

The Recipient shall not commence work on Task 3: Final Design, until FRA has approved all necessary documentation and FRA has given the Recipient notice to proceed to the final design.

The Recipient will prepare or cause to be prepared a final design (FD) package showing, as applicable, design plans, specifications, and estimates necessary to demonstrate the effectiveness, feasibility, and readiness of the Project to be bid and/or constructed by a contractor or in-house personnel. The FD package must include an engineer’s schedule, construction estimate, and documentation showing approval of the plan by the City of Evansville and other stakeholders impacted by the proposed Project as needed. FRA will review the FD package for acceptance.

Task 3 Deliverables:

3.1 Final Design Package

Task 4: Construction

The Recipient shall not commence work on Task 4: Construction related activities, including any right of way acquisition activities, until FRA has accepted the FD documents described in Task 3: Final Design, and

FRA has given the Recipient notice to proceed to construction.

The Recipient will complete or cause to be completed construction related activities, including right of way acquisition, as specified in the final design package accepted by FRA under Task 3: Final Design. Task

4 includes right of way acquisition, the procurement of materials, sitework, and any construction engineering related activities to accomplish the Project described in Article 4.1 of this agreement.

The Recipient is responsible for coordinating several utility relocations and completing real estate acquisition to connect Ball Street and Galloway Street. The Recipient will also complete road realignment at Galloway Street which will provide 23 feet of vertical clearance, providing clearance between the top of the tracks and the new bridge. The Recipient will construct a single span 80 ft long prestressed concrete girder bridge over the center line of tracks.

Task 4 Deliverables:

N/A N/A

Additional Task:

None.

4.4 Implement Required Environmental Commitments

The Recipient will consult FRA if it intends to perform ground-disturbing activities (i.e., geotechnical boring, trenching, tree clearing, vegetation removal, etc.) in support of design prior to the completion of the environmental review for the Project. The Recipient must not proceed with such activities until FRA has reviewed and provided in writing a notice to proceed. FRA will comply with all applicable federal laws and regulations including but not limited to Section 106 of the National Historic Preservation Act and

Section 7 of the Endangered Species Act.

The Recipient will implement any environmental commitments, Section 106 Programmatic Agreement

(PA), or Memorandum of Agreement (MOA), or any other documents or correspondence associated with the environmental review for the Project identified through the NEPA process conducted under Task 2:

Environmental Review.

ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE

5.1 Award Dates

Budget Period End Date: January 31, 2029

Period of Performance End Date: January 31, 2029

5.2 Estimated Project Schedule

Milestones associated with this Agreement are identified in Table 5-A: Estimated Project Schedule. The

Recipient will complete these milestones to FRA’s satisfaction by the Schedule Date, subject to Article 5 of Attachment 1 of this Agreement. The Recipient will notify FRA in writing when it believes it has achieved the milestone.

Table 5-A: Estimated Project Schedule

Milestone Schedule Date

NEPA Completion December 15, 2025

Final Design Completion February 11, 2026

Construction Substantial Completion February 15, 2028

ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION

6.1 Award Amount

Agreement Federal Funds: $9,999,600

6.2 Federal Obligation Information

Federal Obligation Type: Single

6.3 Federal Authorization and Funding Source.

Authorizing Statute: Sections 22104 and 22305 of the Infrastructure Investment and Jobs Act, Public Law

117-58 (November 15, 2021); 49 U.S.C. § 22909

Appropriation: Infrastructure Investment and Jobs Act, Division J, Title VIII (Public Law 117-58 (2021))

6.4 Funding Availability

Program funding that is obligated under this Agreement remains available until expended.

6.5 Approved Project Budget

The estimated total Project cost under this Agreement is $12,499,500.

FRA will contribute a maximum of 80 percent of the total Project cost, not to exceed the Agreement

Federal Funds in Section 6.1 of this Attachment 2. FRA will fund the Project at the lesser amount of the

Agreement Federal Funds or the FRA maximum contribution percentage of total Project costs.

The Recipient will contribute $2,499,900 in Agreement Non-Federal Funds. Recipient’s Agreement Non-

Federal Funds are comprised of cash contributions.

The Recipient will complete the Project to FRA’s satisfaction within the Approved Project Budget, subject to Article 5 of Attachment 1 of this Agreement.

Table 6-A: Approved Project Budget by Task

Task

Task Title Agreement

Federal Funds Agreement Non-

Federal Funds Total

Project Administration and Management

$80,000 $20,000 $100,000

Environmental Determination

$80,000 $20,000 $100,000

3 Final Design $1,194,240 $298,560 $1,492,800

4 Construction $8,645,360 $2,161,340 $10,806,700

Total $9,999,600 $2,499,900 Total Project Cost:

$12,499,500

Table 6-B: Approved Project Budget by Source

Funding Source Total Amount Percentage of Total

Project Cost

Federal Share $9,999,600 80%

Agreement Federal Funds - FRA FY22 RCE $9,999,600 80%

Agreement Non-Federal Funds $2,499,900 20%

City of Eau Claire $2,499,900 20%

6.6 Pre-Award Costs

None. Consistent with 2 C.F.R. part 200, costs incurred before the date of this Agreement are not allowable costs under this award. FRA will neither reimburse those costs under this award nor consider them as a non-Federal cost-sharing contribution to this award.

6.7 Phased Funding Agreement

Not applicable.

ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION

Table 7-A: Performance Measurement Table identifies the performance measures that this Project is expected to achieve. These performance measures will enable FRA to assess the Recipient’s progress in achieving grant program goals and objectives. The Recipient will report on these performance measures in accordance with the frequency and duration specified in Table 7-A.

Upon Project completion, the Recipient will submit reports comparing the actual Project performance of the new and or improved asset(s) against the pre-Project (baseline) performance and expected post-

Project performance as described in Table 7-A. The Recipient will submit the performance measures report to the Project Manager in accordance with Table 7-A.

Table 7-A: Performance Measurement Table

Goal Objective

Performance

Measure

Description of

Measure Measurement Reporting

Average

Daily

Traffic

Comparison of actual Average

Daily Traffic (ADT) post-construction versus the baseline

ADT pre-construction on

Galloway, Birch, and Main Streets

ADT Counts on

Galloway Street

Measure ADT yearly on Galloway pre and post overpass construction to determine if downtown commuters are avoiding residential routes and using improved

Galloway Street overpass

Pre-Project (Baseline) Performance as of Jan 2023:

Galloway St –

UPRR Crossing

ADT is 4,400

Frequency:

Annual

Expected Post- Project Performance:

Increased commuter traffic on Galloway and less ADT on Main

& Birch Streets

Duration:

For three years after the Performance

Period end date

Expected Post- Project Performance:

40-50 pedestrians and 20 bicyclists daily

Duration:

Three years after the Performance Period end date

Average

Vehicle

Speeds

Increased average speeds for vehicles on Galloway Street

Measure traffic volume and speed along

Galloway Street in both directions before and after construction of the overpass and crossing elimination.

Comparison of traffic speeds before and after construction

Pre-Project (Baseline) Performance as of August 2024:

30 miles per hour (MPH)

Frequency:

Annual

Expected Post- Project Performance:

35 miles per hour (MPH)

Duration:

Three years after the Performance Period end date

The Recipient will prepare a Project Outcomes Report pursuant to Section 8.3 of Attachment 1 of this

Agreement.

ARTICLE 8: ENVIRONMENTAL COMPLIANCE

In accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. § 4321 et seq.), other environmental statutes, related regulatory requirements, and FRA’s NEPA-implementing regulations (23

C.F.R. part 771), FRA has determined that the actions funded under this Agreement as described in this

Attachment 2, Section 4.3, Task 2, are categorically excluded from detailed environmental review pursuant to 23 C.F.R. § 771.116 (c) (1), (3), and (8). In accordance with Section 106 of the National Historic

Preservation Act (54 U.S.C. § 306108; 36 C.F.R. part 800), FRA has also determined that the actions funded under this Agreement have no potential to cause effects to historic properties. The actions do not require the use of property protected by Section 4(f) of the Department of Transportation Act (49 U.S.C. § 303;

23 C.F.R. part 774).

Categorical exclusion (CE) means a category of actions that a Federal agency has determined normally do not have a significant impact on the quality of the human environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). 42 U.S.C. § 4336e(1). In analyzing the applicability of a CE, FRA also considered whether unusual circumstances are present that would warrant a more detailed environmental review through the preparation of an EA or EIS. In accordance with 23 C.F.R. § 771.116 (a) and (b), FRA has further concluded that no unusual circumstances exist with respect to development of the activities funded under this grant that might trigger the need for a more detailed environmental review.

The Recipient will consult FRA if it intends to perform ground-disturbing activities (i.e., geotechnical boring, trenching, tree clearing, vegetation removal, etc.) in support of design prior to the completion of the environmental review for the Project. The Recipient must not proceed with such activities until FRA has reviewed and provided in writing a notice to proceed. FRA will comply with all applicable federal laws and regulations including but not limited to Section 106 of the National Historic Preservation Act and

Section 7 of the Endangered Species Act.

Should conditions or the scope of the action change, the Recipient must notify FRA and receive written response and notice to proceed before proceeding. FRA will evaluate whether this determination remains applicable or if additional environmental review is necessary.

The obligation of funds for Final Design (FD) does not predetermine or prejudice the outcome of the NEPA process for the project. The Recipient cannot commence any FD or construction activities until FRA has issued a written notice to proceed that will be informed by the final NEPA document, 23 CFR §

771.113(a)(1). As appropriate, FRA may require an amendment to this Agreement for consistency with its final NEPA decision.

In addition, all FD and/or construction activities must be supported by, and be consistent with, a final FRA-approved NEPA document (i.e., CE, FONSI, or ROD). If the project leads to/involves work outside of that considered by FRA in making its NEPA determination that may affect the environment, the Recipient must not allow the work to begin until the Recipient has informed FRA of such work and received a written notice to proceed from FRA. Before providing such notice to proceed to Recipient, FRA will determine what, if any, additional environmental review is required.

ARTICLE 9: LABOR AND WORK

9.1 Efforts to Support Good-Paying Jobs and Strong Labor Standards

This Section identifies the Recipient’s efforts to support good-paying jobs and strong labor standards related to the Project. The Recipient certifies that rows marked with “X” in the following table are accurate:

The Recipient or a project partner promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.)

The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences.

The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment.

The Recipient or a project partner will partner with communities or community groups to develop workforce strategies.

The Recipient or a project partner 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.

The Recipient or a project partner 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 below.

X The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award.

9.2 Supporting Narrative

N/A