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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U.S.Department of Transportation `/ Federal Railroad Administration 5.2 Scope and Statement of Work Changes If the Project's activities differ from the activities described in Article 4 of Attachment 2 of this Agreement,then the Recipient will notify FRA in writing of the change,which may require an amendment to this Agreement. 5.3 Schedule Changes If one or more of the following conditions are satisfied,then the Recipient will request an amendment to this Agreement to update the Estimated Project Schedule in Section 5.2 of Attachment 2 of this Agreement: (a) a completion date for the Project or a component of the Project is listed in the Estimated Project Schedule in Section 5.2 of Attachment 2 of this Agreement and the Recipient's estimate for that milestone changes to a date that is more than six months after the date listed; (b) a schedule change would require the budget period to continue after the end of the budget period defined in Section 4.4; or (c) a schedule change would require the Period of Performance to continue after the end of the Period of Performance defined in Section 4.5.The Recipient must submit requests to extend the Period of Performance not later than 90 days before the end of the Period of Performance. For other schedule changes,the Recipient will notify the Grant Manager 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; (2) any additional funds the Recipient contributes to complete the Project are subject to the requirements of this Agreement in the same manner as the Non- Federal Funds identified in Article 6.5 of Attachment 2 of this Agreement; and (3) FRA will not increase the amount of this award to address any funding shortfall. (b) The Recipient will notify FRA in writing if the total Project cost, as described in Table 6- A of Attachment 2 of this Agreement, amount increases, which may result in an amendment to this Agreement. (c) The Recipient will notify FRA in writing if the Non-Federal Funds amount decreases, which may result in an amendment to this Agreement. (d) For all other budget changes,the Recipient will follow the applicable procedures and document the changes in writing. 12