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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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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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12/3/2024 2:37:11 PM
Creation date
12/3/2024 2:36:57 PM
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Resolution/Ordinance
Res Ord Num
R2024-269
Res Ord Title
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
Department
Public Works
Approved Date
7/15/2024
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�1 U.S.Department of Transportation <br /> Federal Railroad Administration <br /> 5.5 Project Cost Savings <br /> (a) If there are Project Cost Savings,then the Recipient may notify FRA in writing of its <br /> intent to include in the Project and complete with the Project Cost Savings the additional <br /> activities within the scope of this award that are specified in the Additional Task(s) in <br /> Article 4 of Attachment 2 of this Agreement.The Recipient will complete the Additional <br /> Task(s)after FRA provides a written approval. An amendment to this Agreement is not <br /> required to proceed with the Additional Task(s). <br /> (b) If there are Project Cost Savings, and there are not Additional Task(s) identified in <br /> Article 4 of Attachment 2 of this Agreement, then the Recipient may propose a new task <br /> that is within the scope of this award and request an amendment to add the new task to <br /> this Agreement and complete it with Project Cost Savings. <br /> (c) In this Agreement, "Project Cost Savings" means the difference between the actual <br /> costs to complete the Project and the estimated total Project cost listed in Section 6.5 of <br /> Attachment 2 of this Agreement, if after the Recipient completes the tasks identified in <br /> Article 4 of Attachment 2 of this Agreement to FRA's satisfaction,the actual Project costs <br /> are less than the estimated total Project costs.There are no Project Cost Savings prior to <br /> completion of the Project or if the actual costs to complete the Project are equal to or <br /> greater than the total Project cost listed in Section 6.5 of Attachment 2 of this Agreement. <br /> (d) If there are Project Cost Savings and either the Recipient does not make a proposal or <br /> FRA does not accept the Recipient's proposal under(a) of this Section 5.5,then: <br /> (1) The Recipient will provide written notice to FRA and reduce the Federal Share <br /> by the Project Cost Savings, which may result in an amendment to this <br /> Agreement; and <br /> (2) If the reduced Federal Share reduces this award and the Recipient received <br /> reimbursed costs exceeding the appropriate amount under the reduced award, <br /> the Recipient will refund the difference between the reimbursed costs and the <br /> reduced award. <br /> (e) In this Agreement, "Federal Share" means the sum of the Agreement Federal Funds <br /> and Other Federal Funds amounts that are identified in the Approved Project Budget in <br /> Section 6.5 of Attachment 2 of this Agreement. <br /> (f) The Recipient acknowledges that amounts that are required to be refunded under this <br /> Section constitute a debt to the Federal Government that FRA may collect under 2 C.F.R. § <br /> 200.346 and the Federal Claims Collection Standards(31 C.F.R. parts 900-999). <br /> 5.6 FRA Acceptance of Changes <br /> FRA may accept or reject changes requested under this Article 5, and in doing so may elect to <br /> consider only the interests of the grant program and FRA.The Recipient acknowledges that any <br /> request under this Article 5 does not amend, modify, or supplement this Agreement unless FRA <br /> 13 <br />
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