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

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�1 U.S.Department of Transportation Federal Railroad Administration 18.2 OFCCP Mega Construction Project Program If the total eligible Project costs listed in Attachment 2 of this Agreement are greater than $35,000,000 and the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) selects this award for participation in the Mega Construction Project Program,then the Recipient shall partner with OFCCP, as requested by OFCCP. ARTICLE 19: CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE 19.1 Critical Infrastructure Security and Resilience (a) Consistent with Presidential Policy Directive 21, "Critical Infrastructure Security and Resilience" (Feb. 12, 2013), and the National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems (July 28, 2021),the Recipient will consider physical and cyber security and resilience in planning, design, and oversight of the Project. (b) If the Security Risk Designation in Section 1.3 of Attachment 2 of this Agreement is "Elevated,"then not later that than two years after the date of this Agreement the Recipient will submit to FRA a report that: (1) identifies a cybersecurity point of contact for the transportation infrastructure being improved in the Project; (2) summarizes or contains a cybersecurity incident reporting plan for the transportation infrastructure being improved in the Project; (3) summarizes or contains a cybersecurity incident response plan for the transportation infrastructure being improved in the Project; (4) documents the results of a self-assessment of the Recipient's cybersecurity posture and capabilities; and (5) describes any additional actions that the Recipient has taken to consider or address cybersecurity risk of the transportation infrastructure being improved in the Project. ARTICLE 20: FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY REQUIREMENTS 20.1 Uniform Administrative Requirements for Federal Awards The Recipient will comply, and will ensure that other entities receiving funding under this agreement will comply, with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201, regardless of whether the Recipient or other entity receiving funding under this agreement is a Non-Federal entity as defined in 2 C.F.R. §200.1, except that subpart F of part 200 does not apply if the Recipient or Subrecipient is a for-profit entity. 28