R2024-270 Resolution Authorizing a Grant Agreement with the Federal Railroad Administration for a $16 Million Railroad Crossing Elimination (RCE) Grant for the Construction of the Brush College/Faries Parkway Grade Separation Project

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fah%w U.S.Department of Transportation Federal Railroad Administration ARTICLE 3: RECIPIENT ROLE 3.1 Representations and Acknowledgments on the Project (a) The Recipient represents that: (1) all material statements of fact in the Application were accurate when the Application was submitted and now; and (2) the Recipient read and understands the terms and conditions in Attachment 1 and Attachment 2 of this Agreement,the applicable program-specific clauses in Article 26 of this Attachment 1, and the information and conditions in the Exhibits. (b) The Recipient acknowledges that: (1) the terms and conditions impose obligations on the Recipient and that the Recipient's non-compliance with the terms and conditions may result in remedial action, including terminating the Agreement, disallowing costs incurred for the Project, requiring the Recipient to refund Federal contributions to FRA, and reporting the non-compliance in the Federal-government-wide integrity and performance system. Recipient acknowledges that the terms and conditions impose such obligations on the Recipient whether the award is made as a Cooperative Agreement, Grant Agreement, or Phased Funding Agreement. (2) The Recipient acknowledges that the requirements of this Agreement apply to the entire Project, including Project costs satisfied from sources other than Agreement Federal Funds. (c) By entering into this Agreement with FRA,the Recipient agrees to comply with the terms and conditions in Attachment 1 and Attachment 2, including applicable program- specific clauses in Article 26 of this Attachment 1, Exhibits A—C, and all applicable Federal laws and regulations, including those identified in this Agreement.The Recipient will ensure compliance with all terms of this Agreement and all of its parts for all tiers of subawards and contracts under this Agreement,as appropriate. The Recipient understands that the terms and conditions of this Agreement apply regardless of whether the award is made as a Cooperative Agreement, Grant Agreement, or Phased Funding Agreement. 3.2 Representations on Authority and Capacity The Recipient represents that: (a) it has the legal authority to receive Federal financial assistance under this Agreement; (b) it has the legal authority to complete the Project; (c) all representations and warranties made in the Federal System for Awards Management(SAM.gov) and in the Application are true and correct; 9