R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962 ARRA, Contract No. 4021 the Grantee shall not hold the Department liable for failure by the General Assembly to appropriate hi Pro� ct. sufficient funds for t s �e C. This Grant and the processing of any requisitions from the Grantee and the payment of any funds to the Grantee is contingent upon this Project and the Grantee meeting all federal and state requirements, and is further contingent upon the DepartmenYs receipt of the federal funds for this Project. ITEM 7-ACCOMPLISHMENT OF THE PROJECT A. General Requirements-The Grantee shall commence, carry out, and complete the Project with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, including all documents listed in ITEM 5 above, and in compliance with all applicable laws and Department guidelines, as from time to time adopted. B. Pursuant to Federal, State, and Local Law- In the performance of its obligations pursuant to this Agreement, the Grantee and its contractors shall comply with all applicable provisions of federal, state and local law, including the applicable grant provisions of the current Master Agreement between the Department and FTA. All limits and standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements and shall not affect the application to the performance of the Project of more restrictive local standards that are not inconsistent with the limits and standards of this Agreement. The Grantee agrees that the most recent of such state and federal requirements, in effect at any particular time, will govern the administration of this Agreement except if there is sufficient evidence in the Agreement of a contrary intent. Such contrary intent might be evidenced by a letter signed by the Department, the language of which modifies or otherwise conditions the text of a particular provision of this Agreement. Likewise, new state and federal laws, regulations, policies and administrative practices may be established after the date the Agreement has been executed that may apply to this Agreement. To achieve compliance with changing Government requirements, the Grantee agrees to include in all sub-grantee agreements and third party contracts, financed in whole or in part with Government assistance, specific notice that Government requirements may change and such changed requirements will apply to the Project. The Grantee and such contractors further agree to administer the Project in accordance with the applicable federal and state provisions, including all applicable FTA Circulars and 49 CFR Parts18 & 19. C. Funds of the Grantee-The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. D. Chanqed Conditions Affectinq Performance (i.e., Disputes, Breaches. Defaults, or Litiqation) -The Grantee shall immediately notify the Department of any change in conditions or local law, or of any other event which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. E. No Government Obliqations to Third Parties-The Department and FTA shall not be subject to any obligations or liabilities by, through, or to contractors of the Grantee or their subcontractors, or to any other person not a party to this Agreement, in connection with the performance of this Project, without its express written consent, notwithstanding its concurrence in or approval of the award by the Department or FTA of any contract or subcontract or the solicitation thereof. The Grantee agrees to include this clause in each contract and subcontract financed in whole or in part with federal and/or state assistance. State/Federal Capital Grant Page g