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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f � U.S.Department of Transportation ew Federal Railroad Administration (4) if applicable, provides the Recipient an opportunity to cure the noncompliance or take corrective action. (b) Response to Notice of Proposed Determination.The Recipient may, not later than 7 days after receiving the notice of proposed determination of noncompliance, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may: (1) accept the proposed remedy; (2) acknowledge the noncompliance, but propose an alternative remedy; (3) acknowledge the noncompliance and agree to cure or take corrective action; or (4) dispute the noncompliance. To dispute the noncompliance, the Recipient must include in its response sufficient documentation or other information supporting the Recipient's compliance. (c) Notice of Final Determination. After considering the Recipient's response or failure to timely respond under Section 9.1(b)of this Attachment 1, FRA will make a final determination.To make a final determination, FRA must provide a written notice to the Recipient that: (1)states what the final determination is (e.g., noncompliance or compliance); (2)states the basis for the final determination; and (3) describes the remedy that FRA is imposing, if applicable, or if FRA is not imposing a remedy, describes the resolution to the proposed determination of noncompliance, including whether the Recipient has cured or corrected the noncompliance. (d) If FRA determines the noncompliance is one that cannot be addressed while work on the Project is ongoing, in the notice of proposed determination or in the notice of final determination, FRA will direct the Recipient to stop work.The Recipient will stop work and will direct any Subrecipients or contractors to stop work immediately upon receipt of a notice to stop work from FRA. (e) FRA may consider the public interest in making a determination of noncompliance and imposing a remedy. 9.2 Remedies (a) If FRA makes a final determination of noncompliance under Section 9.1(c)of this Attachment 1, FRA may impose a remedy, including: (1) additional conditions on the award; (2) requiring the Recipient to prepare and implement a corrective action plan; 17