R2024-269 Resolution Authorizing a Consolidated Rail Infrastructure and Safety Improvement Grant Agreement for Construction Engineering Services for the Improvement of Brush College Road over Faries Parkway and the Norfolk Southern Railroad Tracks

Home Browse Search

�1 U.S.Department of Transportation Federal Railroad Administration (d) it has the capacity, including legal, technical, institutional, managerial, and financial capacity,to comply with its obligations under this Agreement and complete the Project; (e) the Non-Federal Funds listed in Article 6 of Attachment 2 of this Agreement are committed to fund the Project; (f) it has sufficient funds available to ensure that equipment and infrastructure funded under this Agreement will be operated and maintained in compliance with this Agreement and applicable Federal law; (g) it has sufficient funds available to ensure that operations funded under this agreement are conducted in compliance with this Agreement and applicable Federal law; and (h) the individual executing this agreement on behalf of the Recipient has the legal authority to enter this Agreement and make the statements and certifications in this Agreement on behalf of the Recipient. 3.3 FRA Reliance The Recipient acknowledges that: (a) FRA relied on statements of fact in the Application and SAM.gov to select the Project to receive this award; (b) FRA relied on statements of fact in the Application, SAM.gov, and this Agreement to determine that the Recipient and the Project are eligible to receive financial assistance under this Agreement; (c) FRA relied on statements of fact in the Application, SAM.gov, and this Agreement to determine that the Recipient has the legal authority to implement the Project; and (d) FRA relied on statements of fact in both the Application and this Agreement to establish the terms of this Agreement; and (e) FRA's selection of the Project to receive this award may have prevented awards to other eligible applicants. 3.4 Project Delivery (a) The Recipient will implement and complete the Project to FRA's satisfaction under the terms of this Agreement. (b) The Recipient will ensure that the Project is financed,constructed, operated, and maintained in accordance with all applicable Federal laws, regulations,and policies. 3.5 Rights and Powers Affecting the Project (a) The Recipient will 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 FRA. 10