Form Funding Agreement Funding Agreement Funding Agreement Form

TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION

Revised 2023-03-16

U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 INFRA PROGRAM

This agreement is between the United States Department of Transportation (the “USDOT”) and the [insert full name of applicant] (the “Recipient”).

This agreement reflects the selection of the Recipient to receive an INFRA Grant for the [insert project name].

If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient’s assistance and oversight.

The parties therefore agree to the following:

1. 
   General Terms and Conditions.

   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 2022 Infrastructure for Rebuilding America (INFRA) Program: FHWA Projects,” dated March 16, 2023, which is available at https://www.transportation.gov/grants/infra-grant-implementation. The General Terms and Conditions reference the information contained in the schedules to this agreement. 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 INFRA Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the INFRA Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

2. 
   Special Terms and Conditions.

[Choose the appropriate one of these two alternatives.]

[Alternative #1: If there are no special terms and conditions, then use the following:]

There are no special terms for this award.

[Alternative #2: If there are special terms and conditions, repeat and modify the following as needed:]

1. [Special Term Title].

[special term text]

1. Schedule A
   Administrative Information

   1. Application.

Application Title: [insert full title of submitted application]

Application Date: [insert the date in box 3 of the SF-424]

2. Recipient’s Unique Entity Identifier.

See section 24.3 of the General Terms and Conditions.

3. Recipient Contact(s).

Name

Title

Agency

Mailing Address

Phone Number

Email Address

4. Recipient Key Personnel.

None.

5. USDOT Project Contact(s).

Name

Title

Agency

Mailing Address

Phone Number

Email Address

6. Payment System.

USDOT Payment System: FMIS

7. Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Division

8. Federal Award Identification Number.

See section 24.2 of the General Terms and Conditions.

9. Designated Subrecipient.

Designated Subrecipient: [None] [insert full name of applicant]

2. Schedule B
   Project Activities

1. General Project Description.

[Insert text from decision memo with any necessary corrections.]

2. Statement of Work.

[Insert statement of work.]

3. Schedule C
   Award Dates and Project Schedule

   1. Award Dates.

Budget Period End Date: [insert date]

Period of Performance End Date: See section 4.5 of the General Terms and Conditions

2. Estimated Project Schedule.

   Milestone	Schedule Date
   Planned Construction Substantial Completion and Open to Traffic Date:	[insert date]

3. Special Milestone Deadlines.

[Choose the appropriate one of these two alternatives.]

[Alternative #1: If the only critical dates are completion dates, then use the following:]

None.

[Alternative #2: If there are additional critical dates, use this table and insert a row for each date. The milestone must be described in enough detail that there is no ambiguity about when it is met. Each of these milestones is intended to establish a clear trigger for USDOT to terminate the award or amend the terms of this agreement.

If railroad coordination agreements need to be executed, add a milestone for each, prefixed with “Railroad Coordination Agreement: ” See section 23.10 of the General Terms and Conditions.

If additional activities are required under schedules H, I, or J, milestones are required here for those activities.]

Milestone	Deadline Date
[Insert milestone]	[insert date]

4. Schedule D
   Award and Project Financial Information

   1. Award Amount.

INFRA Grant Amount: [$XXX]

Amount Subject to 23 U.S.C. 117(d)(2): [$XXX]

2. Federal Obligation Information.

[Choose the appropriate one of these two alternatives.]

[Alternative #1: If all funds are being obligated at once:]

Federal Obligation Type: Single

[Alternative #2: If funds are to be obligated in project phases or by component:]

Federal Obligation Type: Multiple

Obligation Condition Table
Portion of the Project	Portion of the INFRA Grant	Obligation Condition
[insert name of first phase (e.g., “Base phase”) or component (e.g., “Component 1”)]	[$XXX]
[insert name of second phase (e.g., “Option phase 1”) or component (e.g., “Component 2”)]	[$XXX]	[USDOT will describe the conditions]

3. Approved Project Budget.

Eligible Project Costs

	[Component 1]	[Component 2]	Total
INFRA Funds:	[$XXX]	[$XXX]	[$XXX]
Other Federal Funds:	[$XXX]	[$XXX]	[$XXX]
Non-Federal Funds:	[$XXX]	[$XXX]	[$XXX]
Total:	[$XXX]	[$XXX]	[$XXX]

4. Cost Classification Table

Reserved.

5. Approved Pre-award Costs

[Choose the appropriate one of these two alternatives.]

[Alternative #1: If FHWA did not approve A/C or use of non-Federal funds under 23 U.S.C. 117(k):]

None. The USDOT has not approved under this award any requests for the use of non-Federal funds under 23 U.S.C. 117(k), 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.

[Alternative #2: FHWA approved A/C or use of non-Federal funds under 23 U.S.C. 117(k) or both A/C and the use of non-Federal funds]

[If FHWA approved use of non-Federal funds under 23 U.S.C. 117(k):]

On [insert date], [Recipient] sent a written request to the FHWA [State] Division for approval under 23 U.S.C. 117(k) to expend non-Federal funds on the Project. The Division approved that request on [insert date].

[If FHWA approved A/C:]

On [insert date], [Recipient] sent a written request to the FHWA [State] Division for advance construction (23 U.S.C. 115) authorization to [insert activity]. [Recipient] requested advance construction for $XXX in INFRA Grant funds. The Division authorized advance construction on [insert date].

Activities under that authorization are approved pre-award costs under 2 C.F.R. 200.458.

5. Schedule E
   Changes from Application

Instructions for completing SCHEDULE E: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, budget described in schedules B–D. The purpose of this schedule E is to clearly and accurately document the differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. If there are notable changes in aspects of the Project other than scope, schedule, and budget (e.g., recipient changes), those changes should also be described. See section 3.1 of the General Terms and Conditions.

Scope:

Schedule:

Budget:

The table below provides a summary comparison of the Project budget.

Fund Source	Application		Schedule D
	$	%	$	%
Previously Incurred Costs
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
INFRA Funds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project Costs
Total Project Costs

Other:

6. Schedule F
   INFRA Program Designations

   1. Urban or Rural Designation.

Urban-Rural Designation: [Urban] [Rural]

2. Historically Disadvantaged Community or Area of Persistent Poverty Designation.

HDC or APP Designation: [Yes] [No]

3. Funding Source.

Funding Source: [Trust Fund] [General Fund]

4. Large or Small Designation.

Large-Small Designation: [Large] [Small]

5. State Incentives Pilot.

State Incentives Pilot Designation: [Yes] [No]

6. Security Risk Designation.

Security Risk Designation: [Low] [Elevated]

7. Schedule G
   Reserved

This schedule G is intentionally blank.

8. Schedule H
   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:

	The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
	The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
	The Project directly supports a Local/Regional/State 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.)
	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 location-efficient 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. (Describe those actions 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 schedule B. (Identify the relevant actions from schedule B 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.

[ Insert supporting text, as described in the table above. ]

9. Schedule I
   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 a 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 the 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 the relevant investments in the supporting narrative below.)
	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.)
	The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the 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. (Describe those actions 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 schedule B. (Identify the relevant actions from schedule B 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.

2. Supporting Narrative.

[ Insert supporting text, as described in the table above. ]

10. Schedule J
    Labor and Work

    1. Efforts to Support Good-Paying Jobs and Strong Labor Standards

The Recipient states that rows marked with “X” in the following table are accurate:

	The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
	The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.)
	The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)
	The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)
	The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.)
	The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
	The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
	The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; training on anti-harassment and third-party reporting procedures covering employees and contractors; and maintaining robust anti-retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.)
	The Recipient has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)
	The Recipient has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)
	The Recipient has not taken actions related to the Project to improving good-paying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

[ Insert supporting text, as described in the table above. ]

Recipient Signature Page

The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

	[insert full name of Recipient’s organization]
Date	By:	Signature of Recipient’s Authorized Representative [insert name] Name [insert title] Title

Designated Subrecipient Signature Page

The Designated Subrecipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

	[insert full name of Recipient’s organization]
Date	By:	Signature of Designated Subrecipient’s Authorized Representative [insert name] Name [insert title] Title

USDOT Signature Page

The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

	UNITED STATES DEPARTMENT OF TRANSPORTATION
Date	By:	Signature of USDOT’s Authorized Representative [insert name] Name FHWA [insert state] Division Administrator Title

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