Document MME3KmRvxaMmYNwrx1e13nkBk

U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2021 RAISE GRANT PROGRAM This agreement is between the United States Department of Transportation (the "USDOT"), the New Jersey Department of Transportation (NJDOT) (the "Recipient"), and the City of Atlantic City (the "First-Tier Subrecipient"). This agreement reflects the selection of the Recipient to receive a RAISE Grant for the Atlantic City Corridor Revitalization and Safety Project. The parties want the First-Tier Subrecipient to carry out the project with the Recipient's assistance and oversight. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under The Fiscal Year 2021 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program: FHWA Projects," dated October 1, 2024, which is available at https://www.transportation.gov/policy-initiatives/raise/raise-grant-agreements. Articles 8-31 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, terminating of the RAISE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the RAISE Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system. 1 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019190 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: Atlantic City Corridor Revitalization and Safety Project Application Date: July 9, 2021 2.2 Award Amount. RAISE Grant Amount: $10,349,444 Federal Obligation Type: Multiple RAISE Grant Allocation Table Portion of the Project Allocation from RAISE Grant Component 1: Pacific Ave. $4,163,877 Component 2: Atlantic Ave. $6,185,567 Future Obligation Conditions Table Portion of the Project Condition Component 2: Atlantic Ave. Once the recipient approves the PS&E for the Project by meeting all the applicable Federal, State, and local requirements 2.3 Award Dates. Budget Period End Date: September 30, 2028 2.4 Urban or Rural Designation. Urban-Rural Designation: Urban 2.5 Capital or Planning Designation. Capital-Planning Designation: Capital 2 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019191 2.6 Federal Award Identification Number. The Federal Award Identification Number will be generated when the FHWA Division authorizes the project in FMIS. The Recipient acknowledges that it has access to FMIS and can retrieve the FAIN from FMIS. ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project's Statement of Work. This project will implement complete streets improvements on approximately 2.7 miles of Atlantic Avenue in downtown Atlantic City, from Albany Avenue to Tennessee Avenue including implementing a road diet between Missouri Avenue and Albany Avenue; adding ADA accessible sidewalks, drainage facilities, new bike paths; improving clear sight lines; adding intersection synchronized signalization, wayfinding, LED streetlighting and upgrading accessibility to transit stops. The project also includes improvements on the paralleling Pacific Avenue. 3.2 Project's Estimated Schedule. Milestone Schedule Date Component 1: Pacific Ave. Planned Construction Substantial Completion and Open to Traffic Date: Component 2: Atlantic Ave. Planned Construction Substantial Completion and Open to Traffic Date: September 30, 2027 September 30, 2027 3.3 Project's Estimated Budget. Eligible Project Costs RAISE Grant Amount: Other Federal Funds Non-Federal Funds: Total Eligible Project Cost: $10,349,444 $1,200,000 $6,066,785 $17,616,229 3 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019192 ARTICLE 4 CRITICAL MILESTONE DEADLINES 4.1 Critical Milestone Deadlines. None. The parties have not identified any project-specific critical milestone deadlines for this award. The Recipient acknowledges the USDOT may terminate this award under section 17.1(a) on some conditions related to the Project's estimated schedule, as listed in section 3.2. ARTICLE 5 PARTY INFORMATION 5.1 Recipient's Unique Entity Identifier Recipient's Unique Entity Identifier: ML8GCTH8C975 5.2 Recipient Contact(s) David Bruccoleri NJDOT Division of Local Aid & Economic Development 1035 Parkway Avenue MOB 3rd Floor PO Box 600 Trenton, NJ 08625 5.3 Recipient Key Personnel None. The parties have not identified any individuals as key personnel for this award. 5.4 USDOT Project Contact(s). Mamun Rashid Discretionary Grants Manager FHWA -- NJ Division 840 Bear Tavern Road, Suite 202, West Trenton, NJ 08628 (609) 637-4237 Mamun.RashidAdot.gov 4 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019193 ARTICLE 6 USDOT ADMINISTRATIVE INFORMATION 6.1 Payment System. USDOT Payment System: FMIS 6.2 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Division ARTICLE 7 SPECIAL GRANT TERMS 7.1 Subaw and to First-Tier Subrecipient. (a) The Recipient hereby awards a subaward to the First-Tier Subrecipient for the purpose described in section 8.1. (b) The Recipient and the First-Tier Subrecipient may enter into a separate agreement, to which the USDOT is not a party, assigning responsibilities, including administrative and oversight responsibilities, among the Recipient and the First-Tier Subrecipient. (c) For the purpose of 2 C.F.R. parts 200 and 1201, the Recipient is a pass-through entity. 7.2 First-Tier Subrecipient Statements and Responsibilities. (a) The First-Tier Subrecipient affirms all statements and acknowledgments that are attributed to the Recipient under sections 10.1 and 10.2. (b) The First-Tier Subrecipient assumes the Recipient's reporting obligations under articles 14 and 15. 7.3 State Oversight Responsibilities. For the purpose of 23 U.S.C. 106(g), the Recipient shall act as if funds under this award are Federal funds under title 23, United States Code. 5 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019194 ATTACHMENT A STATEMENT OF WORK Component 1: Pacific Ave -- Construction and Construction Management/Construction Inspection services for the completion of a Smart Traffic Signal System on Pacific Avenue with advanced technologies to adjust traffic signal timings based on real-time traffic conditions and provide the City with the ability to remotely monitor traffic. The system will operate on Pacific Avenue from Albany Avenue (MP 0.00) to New Hampshire Avenue (MP 2.51) and include a spur along Tennessee Avenue from Pacific Avenue to Arctic Avenue (at the Atlantic City - City Hall) and a spur along Iowa Avenue from Pacific Avenue to Iowa Avenue (at the Atlantic City Public Safety Building). Component 2: Atlantic Ave -- Construction and Construction Management/Construction Inspection services for the completion of a Smart Traffic Signal System on Atlantic Avenue from Maine Avenue to Albany Avenue with advanced technologies to adjust traffic signal timings based on real-time traffic conditions and provide the City with the ability to remotely monitor traffic. This component will include timing plan revisions and interconnection of the signals along Atlantic Avenue to form a network, fiber optic communications with City Hall and the Public Safety Building, and vehicle detection cameras. This component also includes a road diet along Atlantic Avenue between Missouri Avenue and Albany Avenue to improve safety for bicyclists, pedestrians, transit users, and motorists. Atlantic Avenue will be milled, resurfaced, and restriped to include one 12-foot-wide travel lane in each direction, a 10-foot-wide center left turn lane, 10-foot-wide buffered bike lanes in each direction, and 8-foot-wide parking lanes in each direction. LED lighting will be implemented throughout the corridor to improve safety, and the intersections will be upgraded to include leading pedestrian intervals; targeted left-turn restrictions; traffic signal heads with backplates; curb extensions; ADA-compliant facilities; and continental-style crosswalks. A multi-lane cross-section of Atlantic Avenue will remain in place from Tennessee Avenue to Missouri Avenue due to higher traffic volumes along this segment of roadway. Intersections within this segment will be upgraded to provide ADA-compliant facilities and continental-style crosswalks. 6 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019195 ATTACHMENT B ESTIMATED PROJECT BUDGET 1. Supplementary Fund Source Table(s) The following tables supplement the budget information in section 3.3. Non-RAISE Previously Incurred Costs Other Federal Funds: $5,910,675 Non-Federal Funds: $4,053,320 Total: $9,963,995 RAISE Funds: Other Federal Funds: Non-Federal Funds: Total: Component 1 Pacific Ave. $4,163,877 $1,200,000 $927,575 $6,291,452 Eligible Costs Component 2 Atlantic Ave Total $6,185,567 $10,349,444 $0 $1,200,000 $5,139,210 $6,066,785 $11,324,777 $17,616,229 2. Cost Classification Table Cost Classification Preliminary Engineering Final Design Construction CM/CI Contingency Project Total Total Costs $909,324 $460,952 $20,564,015 $1,669,684 $3,976,249 $27,580,224 Non-RAISE Previously Incurred Costs $909,324 $460,952 $8,164,033 $429,686 $0 $9,963,995 Eligible Costs $0 $0 $12,399,982 $1,239,998 $3,976,249 $17,616,229 7 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019196 ATTACHMENT C PERFORMANCE MEASUREMENT INFORMATION Study Area: Data will be collected on Atlantic Avenue and Pacific Avenue from Maine Avenue to Albany Avenue. Baseline Measurement Date: July 30, 2025 Baseline Report Date: September 30, 2025 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency Auto Crash Rates by Type/Severity (Crash or Crashes/100 MVMT) Safety Crash rates will be measured and reported as crashes per 100 million VMT and identified by the following severity categories: fatal, injury, and propertydamage-only (PDO) crashes. Quarterly Travel Time Savings (Mins or Secs) Economic Competitiveness, Quality of Life Travel time savings for traffic measured during peak and off-peak periods as defined by the project study area. Quarterly 8 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019197 ATTACHMENT D CHANGES FROM APPLICATION Scope: The Arctic Avenue signal synchronization, design of Atlantic Avenue, Phase 1 construction of Atlantic Avenue (Maine Avenue to Tennessee Avenue), and design of Pacific Avenue were completed in order to meet the funding deadlines for these projects. The following work efforts were included in the original application but have already been completed or are currently underway and funded through alternate sources. Therefore, they will not be funded through this RAISE grant. The bullets below summarize the work efforts that have either been completed or underway and are no longer part of this RAISE project: Preliminary Engineering, Final Design, and Construction of traffic signal synchronization along Arctic Avenue, including installation of fiber optic cable and conduits. Design and construction of this project is complete. Preliminary Engineering and Final Design of traffic signal synchronization along Pacific Avenue. Final Design is currently nearing completion and is funded through alternate sources and has been eliminated from this grant. Final design is expected to be completed and construction should be ready for authorization soon after this agreement is executed. Construction and CM/CIservicesfor this project will befunded using the RAISE grant as mentioned in Attachment A. Preliminary Engineering and Final Design of road safety improvements and the traffic signal synchronization along Atlantic Avenue. Preliminary Engineering is underway and Final Design will be funded through alternate sources. Construction and CM/CI services for this project will befunded using the RAISE grant. Construction of drainage facilities along Atlantic Avenue. Since this project will not affect the existing drainage system, construction of new drainage facilities is not necessary and will not be included in the project Construction of Phase 1 of Atlantic Avenue Road Diet from Maine Avenue to Tennessee Avenue. This segment of the road diet was completed as of May 2024 and is no longer part of this grant. Schedule: Due to supply chain issues caused by the COVID-19 pandemic and the time needed to complete the grant agreement, the project completion date was delayed from March 31, 2024, to September 30, 2027. Budget: The total project budget, including previously incurred costs, was increased from $21,342,229 to $27,580,224 due to inflation along with the cost revisions based on the detailed engineering of the project. Also, due to the project schedule, the City has already spent $9,963,995 on the Arctic Avenue signal synchronization, design of Atlantic Avenue, Phase 1 construction of Atlantic Avenue (Maine Avenue to Tennessee Avenue), and design of Pacific Avenue as described in the Scope section above. 9 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019198 The table below provides a summary comparison of the project budget. Fund Source Previously Incurred Costs Federal Funds Non-Federal Funds Total Previousl Incurred Costs Future Eli ' ible Project Costs RAISE Funds Other Federal Funds Non-Federal Funds Total Future Eligible Project Costs Total Project Costs Application $ % 10,349,444 48 4,926,000 23 6,066,785 28 21,342,229 100 21,342,229 Section 3.3 and Attachment B $ % 5,910,675 4,053,320 9,963,995 10,349,444 59 1,200,000 7 6,066,785 34 17,616,229 100 27,580,224 10 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019199 ATTACHMENT E APPROVED PRE-AWARD COSTS None. The USDOT has not approved under this award any costs incurred under an advanced construction authorization (23 U.S.C. 115), any costs incurred prior to authorization (23 C.F.R. 1.9(b)), or any pre-award costs under 2 C.F.R. 200.458. 1 1 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019200 ATTACHMENT F CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice impacts. The Recipient states that rows marked with "X" in the following table are accurate: x The Project directly supports a LocaURegionaUState Climate Action Plan that results in lower greenhouse gas emissions. (Identify thethe plan in the supporting narrative below.) The Project directly supports a Local/RegionaUState Equitable Development Plan that results in lower greenhouse gas emissions. (Identify thethe plan in the supporting narrative below) The Project directly supports a LocaURegionaUState Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below) The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below) The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below) The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below) The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below) 12 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019201 The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and locationefficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below. The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in Attachment A. (Identify the relevant actionsfrom Attachment A in the supporting narrative below) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2. Supporting Narrative. The Project directly supports a Local/RegionaUState Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The City of Atlantic City has carefully considered climate change and environmental justice in planning this project. This project will result in the reduction of harmful emissions by synchronizing the traffic signals on Arctic, Atlantic, and Pacific Avenues. It will also result in less emissions since it is designed to promote additional pedestrian and bicycle activities as an alternative to the use of an automobile. The New Jersey Climate Change Resiliency Strategy, 2021 provides guidelines to address climate change. One of the major strategies states on page 25 "Smart growth and sustainable principles such as complete streets and bike/pedestrian programs.... are more efficient and serve to maintain the natural resilience of the State's ecological systems." 13 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019202 This project will help to improve the City's efforts to address climate change and environmental justice. Almost half of the City's residents do not own a car, hence their form of transportation is walking and biking. Reducing emissions along with providing better and safer access to public transit, walking routes, and bike routes, allows for this underserved community to have improvements to their community that better off neighborhoods may already have available to them. The project will also provide full accessibility to disadvantaged users through audible and tactile pedestrian crossings, which is another area that will be used to address environmental justice concerns. Synchronizing the traffic signals will allow for less stop and go traffic and reduce harmful air emissions. 14 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019203 ATTACHMENT G RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table are accurate: A racial equity impact analysis has been completed for the Project. (Identify aa report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify thethe relevant programs, plans, or policies in the supporting narrative below.) The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify thethe relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for x individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify thethe new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify thethe new or improved access in the supporting narrative below) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below. The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in Attachment A. (Identify thethe relevant actionsfrom Attachment A in the supporting narrative below) The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 15 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019204 2. Supporting Narrative. The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) Almost half of the City's residents do not own a car, hence their form of transportation is walking and biking. Providing better and safer access to public transit, walking routes, and bike routes, allows for this underserved community to have improvements to their community that better off neighborhoods may already have available to them. The project will also provide full accessibility to disadvantaged users through audible and tactile pedestrian crossings. 16 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019205 RECIPIENT SIGNATURE PAGE The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. O/9 1 Lite 24 - New Jersey D By: f Tran rtatio ent's Authorized Representative David Bruccoleri Name Senior Director, Local Resources and Economic Development Title 17 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019206 FIRST-TIER SUBRECIPIENT SIGNATURE PAGE The First-Tier Subrecipient, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. City of Atlantic City By: Date Signature of Fir ler Subrecipient's AuthOrized Representativ Marty Small, Sr. Name Mayor Title 18 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019207 USDOT SIGNATURE PAGE The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. 11/12/24 Date UNITED STATES DEPARTMENT OF TRANSPORTATION Digitally signed by ROBERT J ROBERT J CLARK CLARK Date: 2024.11.12 08:45:09 -05'00' By: Signature of USDOT's Authorized Representative Robert Clark Name FHWA New Jersey Division Administrator Title 19 of 19 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0019208