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HomeMy WebLinkAboutReso 1978-9421` .• RESOLUTION N0. 9421 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS, AGREEMENT N0. 11-5203, BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby r solve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain Local A ency-State Agreement for Federal-Aid Projects, Agreement No. 11-5203, b tween THE CITY OF CHULA VISTA, a municipal corporation, and t e STATE OF CALIFORNIA, dated the 19th day of December , 1 78, a copy of which is attached hereto and incorporated herein, t e same as though fully set forth herein be, and the same is, h reby approved. BE IT FURTHER RESOLVED that the Mayor of the City of C ula Vista be, and he is, hereby authorized and directed to execute s id agreement for and on behalf of the City of Chula Vista. P$esented by Approved as to form by W J.~ bens, Director of George D. Lindberg, City Attorney P blic Works. ADOPTED APTD APPROVED by the CITY COUNCIL of the CITY OF C iULA VISTA, CALIFORNIA, this lg~ day of December , 197 8 , b the following vote, to-wit: AWES : Councilmen Hyde, Gillow, Scott, Egdahl DT~YES: Councilmen None SETJT: Councilmen Cox h•iayor of the City of hula Vista TEST City Clerk S.CATE OF CALIFORNIF>) C UNTY OF SAN DIEGO) ss. C TY OF CHULA VISTA) I~ , City Clerk of the _ty of Chula Vista, California, DO HERIJBY CERTIFY that the above is full, true and correct copy of Resolution No. and that the Mme has not been amended or repealed. DATED ty Clerk LOCAL AGENNCY STATE AGREQ°~lJT FOR FEDERAL AID PROJECTS an to is Tic ounty ty AGREEMENT N0. 11-5203 AGREEMENT THIS AGREEMENT, made in duplicate this 19th day of ~nber , 1978, by and between - f hula Vista , iti~ subdivision(s) of the State o Ca i ornia here na ter re erred as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting by and through Department of Transportation, herinafter referred to as "STATE". WITNESSETH: WHEREAS, the Congress of the United States has declared it to be in the national interest for Federal Funds to be expended for highway, =Tinge parking, bicycle transportation, pedestrian walkways, and mass ;ransportation projects; and WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds authorized may be made -vailable for use on local transportation facilities in accordance vith the intent of Federal acts; and WHEREAS, there exists a compelling need for improvements or restoration of roads, streets, highways, fringe parking, and public transportation facilities within the boundaries of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE therefore desire to make use of such Federal funds as may be made available within the jurisdictional boundaries of said LOCAL AGENCY; and WHEREAS, before Federal-aid will be made available for projects, LOCAL AGENCY and STATE are required to enter into an agreement relative to prosecution of the said project and maintenance of the completed facility. DH-OLA 255 (4-77) THEREFORE, the parties agree as follows: ARTICLE I - CONDITIONS 1. Pro3ects located in urbanized areas (unless exempt) must be part of a program which serves to implement an areawide plan held currently valid by the regional transportation policy board. 2. Federal funds may participate only in work which has been officially programmed to and authorized by the Federal Highway Administration in advance of its performance. 3. Funds apportioned such as the STATE`s share of FAS funds are considered Federal-aid funds. ARTICLE II - IMPROVEMENTS/REStORATIONS 1. The term "IMPROVEMENT" or "RESTORATION as used herein means any work that is financed in part with Federal funds. 2. The Supplemental Local Agency-State Agreement (program supplement) shall be in a form prescribed by STATE; and shall designate who shall advertise, award, and administer the Contract, the Federal funds requested, and the matching funds to be provided by LOCAL AGENCY, and, if a State Highway is involved, the matching funds to be provided by STATE. Adoption of the program supplement by LOCAL AGENCY and approval by STATE shall cause such program supplement to be a part of this agreement as though fully set forth herein. Unless otherwise delegated the program supplement shall be approved by the LOCAL AGENCY'S governing body. Cooperative pro3ects including work on a State highway shall be the subject of a separate cooperative agreement. 3. In processing IMPROVEMENTS or RESTORATIONS, LOCAL AGENCY will conform to all STATE statutes, regulations and procedures (in- cluding those set forth in the STATE's Local Programs Manual) re- lating to the Federal-aid program and to all applicable Federal laws, regulations, and policy and procedural or instructional memoranda. This includes, but is not limited to, the holding of public hearings when required, the publishing of various press notices, and the pre- paration of plans, specifications, and estimates. 4. Unless otherwise designated in the approved program supple- ment, improvements will be constructed by contract in accordance with DH-OLA 255 (4-77 _2_ Certification Acceptance procedures approved by the FHWA. Such pro- cedures require the use of Specifications described in the State's Certification; STATE approval of plans, special provisions and esti- mated costs prior to advertisement; a certification by LOCAL AGENCY with respect to the right-of-way; and advertisement for a minimum of 3 weeks prior to bid opening. The contract will be awarded by LOCAL AGENCY, its agent, or by STATE as may be determined between the parties prior to each project advertisement. 5. When the IMPROVEMENT or RESTORATION includes work to be performed by a railroad, the contract for such work shall be entered into by LOCAL AGENCY or by STATE, as parties hereto agree. A con- tract entered into by LOCAL AGENCY for such work must have prior approval of STATE. In either event, LOCAL AGENCY shall enter into an agreement with the railroad providing for maintenance of the pro- tective devices or other facilities installed under the service contract. 6. LOCAL AGENCY shall provide or arrange for adequate super- vision and inspection of each improvement, including contracts awarded by STATE. With prior State approval, surveying, inspection and test- ing may be performed by a consulting engineer provided an employee of LOCAL AGENCY is in responsible charge. 7. STATE shall exercise general supervision over Federal-aid improvements and may assume full and direct control over the project whenever STATE, at its sole discretion, shall determine that its responsibility to the United States so requires. LOCAL AGENCY contracts shall so stipulate. ARTICLE III - RIGHTS-OF-WAY 1. No contract for the construction of a Federal-aid IMPROVE- MENT or RESTORATION project shall be awarded until the necessary rights-of-way have been secured. Prior to the advertising of a proj- ect on a local street, LOCAL AGENCY shall certify and upon request shall furnish STATE with evidence that necessary rights-of-way are available for construction purposes or will be available by the time of contract award. 2. LOCAL AGENCY agrees to hold STATE harmless from any lia- bility which may result in the event the right-of-way is not clear as certified. The furnishing of right-of-way as provided for herein includes, in addition to ail real property required for the improve- ment free and clear of obstructions and encumbrances affecting the DH-OLA 255 (4-77) -3- 9~2a oposed project, the payment as required by applicable law of dam- es to real property not actually taken but injuriously affected by e proposed improvement. LOCAL AGENCY sha]1 pay from its funds y costs which arise cut of delays to the contractor because utility cilities have riot been removed or relocated, or because rights-of- y have not been made available to the contractor for the orderly osecution of the work. ~. Subject to STATE approval and such supervision over LOCAL NCY's rignt-o~'-way acquisition procedures as STATF may determine necessary, LOCAL AGENCY may ~:laim reimbursement from Federal funds e: penditur°es to purchase rights-of-way included in an approved jest. 4. The LOCAL AGENCY will comply with Title II and III of the niform Real Property Acquisition Policy. 5~ W'hather or noic Federal-aid is to be requested for right-of- ray, should LOCAL AGENCY, in acquiring right-of-way for a Federal-aid :MPROVEMENTy displace an individual, family, business, farm operation, rr non-profit organisation, relocation payments and services will be irovided as set forth in Chapter 5 of Title 23, U.S. Code. The public rill be adequately informed of the relocation payments and services rhich will be available, and, to the greatest extent practicable, no ~ersori lawfully occupying real property shall be required to move from its dwelling or to move his business or farm operation without at least )0-days written notice from the LOCAL AGENCY. LOCAL AGENCY will pro- ride the State with specific assurance, on each project, that no person rill be displaced until comparable decent, safe and sanitary replace- ~ent housing is available within a reasonable period of time prior to iisplacement, and that LOCAL AGENCY'S relocation program is realistic ind is adequate to provide orderly, timely and efficient relocation ~f displaced persons for the project as provided in FHPM 7-5. ARTICLE IV - FISCAL PROVISIONS 1. When a Federal-aid IMPROVEMENT or RESTORATION contract is to be awarded by STATE, matching funds will be provided by LOCAL AGENCY prior to the time that such funds are required to reimburse contractor. STATE will bill LOCAL AGENCY for amount due immediately following con- tract award, or at option of LOCAL AGENCY, will submit monthly bills during life of contract. 2. The estimated total cost of Federal-aid projects, the amounts of Federal-aid programmed, and the matching amounts agreed upon may be DH-OLA 255 (4-77) -4- adjusted by mutual consent of tine parties hereto, provided funds are available to cover increases and provided Federal Highway Administration concurs in any increase in the Federal-aid. 3. Upon submittal by LOCAL AGENCY of a statement of expenditures for Federal-aid improvements, STATE will pay its agreed share and if permitted by State Law will advance an amount equal to the legal pro rata Federal share of the costs believed to be eligible for participa- tion with Federal funds or will voucher Federal Highway Administration for reimbursement. 4. LOCAL AGENCY shall use its own funds to finance the local share of eligible costs and expenditures ruled ineligible for financ- ing with Federal funds. STATE shall make preliminary determination of eligibility for Federal fund financing. Ultimate determination shall rest with the Federal Highway Administration. Any overpayment of amounts due shall be returned to STATE upon demand. 5. When any portion of a LOCAL AGEPdCY project is performed by STATE, charges therefor shall include assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Planual. The portion of such charges not financed with Federal funds shall be paid from funds of LOCAL AGENCY. 6. Should LOCAL AGENCY fail to pay monies due STATE within 30 days of demand or within such other period as may be agreed between the parties hereto, STATE, acting through State Controller, may with- hold an equal amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Fund. 7. Auditors of STATE and the United States shall be given access to LOCAL AGENCY`S books and records and shall be given such assistance and information as is requested for the purpose of checking costs paid, or to be paid by STATE hereunder. ARTICLE V - P7ISCELLANEOUS PROVISIONS 1. This agreement shall have no force or effect with respect to any project unless and until said project has been authorized by the Federal Highway Administration and a Program Supplemental Agree- ment has been executed. 2. The Congress of the United States, the Legislature of the State of California, and the Governor of the State of California, each within their respective jurisdiction, have prescribed certain employment practices with respect to contract and other work financed DH-OLA 255 (4-77j -5- ~'~z1 rith Federal or State funds. LOCAL AGENCY shall insure that work per- `ormed under this agreement is done in conformance with rules and regulations embodying such requirements where they are applicable. londiscrimination Assurances, Exhibit "A", are hereby considered a part of this agreement. 8. When Federal funds are to participate in the cost of work one by a consultant, the agreement or contract with the consultant ay not be executed or awarded until the selection of the consultant nd the terms of the agreement or contract have been approved by TATE. Such agreement or contract shall include a provision that he work and records of the consultant are subject to inspection at 11 times by representatives of LOCAL AGENCY, STATE and the Federal ighway Administration and that agreement or contract may be terminated y LOCAL AGENCY upon a finding that the consultant is failing to live p to the terms of the agreement or contract. All major changes in he agreement or contract must have prior approval of the STATE. As oon as agreement or contract with consultant has been awarded, two ertified copies of said agreement or contract shall be submitted to TATE. 4. LOCAL AGENCY and its contractors shall retain all original cords and documents relating to work hereunder financed in part th Federal funds and shall make same available for inspection by ATE and Federal representatives upon request. Following final ttlement of the project accounts with the Federal Highway Adminis- ~ation, such records and documents may be microfilmed at the option LOCAL AGENCY, but in any event shall be retained for a three-year ~riod after FHWA payment of final voucher, or a four-year period from e date of final payment under the contract, whichever is longer. 5. (a) Neither STATE nor any officer or employee thereof shall responsible for any damage or liability occurring by reason of any- ing done or omitted to be done by LOCAL AGENCY under or in connection th any work, authority or jurisdiction delegated to LOCAL AGENCY der this agreement. It is also understood and agreed that, pursuant Government Code Section 895.4, LOCAL AGENCY shall fully indemnify d hold STATE harmless from any liability imposed for injury (as defined Government Code Section 810.8) occurring by reason of anything done or pitted to be done by LOCAL AGENCY under or in connection with any work, thority or jurisdiction delegated to LOCAL AGENCY under this agreement. (b) Neither LOCAL AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to LOCAL AGENCY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold DH OLA 255 (4-77) -6- LOCAL AGENCY harmless from any liability ir~posed for injury (as defined by Government Code Section 810.8) occurring by reason cf anything done or omitted to be done by STATE under or in connection with any works authority or jurisdiction not delegated to LOCAL AGE"SOY sander this agreement. ARTICLE VI - MAINTENANCE 1. Upon acceptance by the awarding authority of ~ completed Federal-aid project or upon the contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the agency having jurisdiction over the transportation facility shall maintain the completed work in a manner satisfactory to the authorized representatives of the State and the United States. If, within 90 days after receipt of notice from STATE that a project on a transportation facility under its jurisdiction or any portion theree,f, is not being properly r~aintained, LOCAL AGENCY has not satisfactorif,y remedied the conditions comp]ained of, the approval rf further Federa~- aid projects of LOCAL AGENCY wi1T be withheld until the project shall have been put in a condition of maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of 'this section shall not apply to a transportation fa~.ility which has been vacated through due process of law. 2. The maintenance referred to in paragraph 1 abovA includes not only the physical condition of the facility but its operation as well. Traffic Operations Improvements on local streets shall be maim tained by an adequate and well-trained staff of traffic engineers and technicians. Said maintenance staff may be employees of a LOCAL AGENCY, another unit of government or a consultant under contract with a LOCAL, AGENCY. DH-OLA 255 (4-77) -7- IN WITNESS WHEREOF, the parties have executed this agreement by it duly authori2ed officers. ueputy~ STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 11 . By 'r0~-i District Director of Transportation Approval Recommended: ~; oca ssistance Engineer -~-OLA 255 (4-77) -8- CITY OF Chula Vista By ~J ~ / ` Mayor ~~ _ _ ~-=% ATTEST: ~ ~~z L ~t~~ ~ ~' ~>...~_1~~ , -,~i ty Clerk ~--~---- 2.~ ~~~~ EaIIEIT "N" NONDISCRIMINATION ASSURANCES The (1~Ys/CITY of Chula vista (hereinafter) referred to as the RECIPIEN HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the California Department of Transportation, acting for the U. S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the RECIPIENT receives Federal financial assistance from the Federal Department of Transportation, HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. P1ore specifically and without limiting the above general assurance, the RECIPIENT hereby gives the following specific assurances with respect to its Federal-aid Program: 1. That the RECIPIENT agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or vrill be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That the RECIPIENT shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the Federal-aid Program and, in adapted form in all proposals for negotiated agreements: Z~ DH-OLA 255 (4-77) -9- AGREEMENT EXHIBIT "A" The (~OU[~'X/CITY of vista or other approved contracting aut ority ere y note yes all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportu- nity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. 3. That the RECIPIENT shall insert the clauses of Appendix A of this assurance in every contract subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this assurance shall be included as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the RECIPIENT receives Federal financial assist- ance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connec- tion therewith. 6. That where the RECIPIENT receives Federal financial assist- ance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 7. That the RECIPIENT shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the RECIPIENT with other parties: (a) for the subsequent transfer of real property acquired or improved under the Federal-aid Program; and (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the Federal-aid Program. 8. That this assurance obligates the RECIPIENT for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the RECIPIENT or any transferee for the longer of the fol- lowing periods: DH-OLA 255 (4-77) -10- AGREEMENT EXHIBIT "A" (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the RECIPIENT retains own- ership or possession of the property. 9. The RECIPIENT shall provide for such methods of administra- tion for the program as are found by the U. S. Secretary of Transpor- tation, or the official to whom he delegates specific authority, to give reasonable guarantee that it, other recipients, subgrantees, con- tractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS and this assurance. 10. The RECIPIENT agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this assurance. TNIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the RECIPIENT by the California Department of Transpor- tation, acting for the U. S. Department of Transportation, and is binding on it, other recipients, subgrantees, contractors, subcon- tractors, transferees, successors in interest and other participants in the Federal-aid Highway Program. DH-OLA 255 (4-77} -1~- ~ Zl AGREEMENT EXHIBIT "A" APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the CONTRACTOR) agrees as follows: (1) Compliance with Re ulations: The CONTRACTOR shall comply with the regu ations re at~ve to non iscrimination in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (here- inafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The CONTRACTOR, with regard to the work performs y ~t ur~ng the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Subcontracts Includin Procurements of Materials an u~ ment: n a so icitations sit er y competitive i ng or negotiation made by the CONTRACTOR for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The CONTRACTOR shall provide all information ancTreports requirec~by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State highway department or the Federal Highway Administration to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of a con- tractor is in the exclusive possession of another who fails or refuses to furnish this information, the CONTRACTOR shall so certify to the State highway department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncom liance: In the event of the CONTRACTORS's noncompliance wit tie non iscrimination provisions of this contract, DH-OLA 255 (4-77) -12- AGREEMENT EXHIBIT "Ap the State highway department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the CONTRACTOR under the contract until the CONTRACTOR complies; and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incor oration of Provisions: The CONTRACTOR shall include the provisions o paragrap s t rough (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONTRACTOR shall take such action with respect to any subcontract or procurement as the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions in- cluding sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litiga- tion with a subcontractor or supplier as a result of such direction, the CONTRACTOR may request the State highway department to enter into such litigations to protect the interests of the State, and, in addition, the CONTRACTOR may request the United States to enter into such litiga- tion to protect the interests of the United States. DH-OLA 255 (4-77) -13- y z1 AGREEMENT EXHIBIT "A" APPENDIX B The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the RECIPIENT will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Adminis- tration of Federal Aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the RECIPIENT all the right, title and interest of the Department of Trans- portation in and to said lands described in Exhibit "A" attached here- to and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the RECIPIENT and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real prop-. erty or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the RECIPIENT, its successors and assigns. The RECIPIENT, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,) (and)* DH-OLA 255 (4-77) _14_ AGREEP4ENT EXHIBIT "A"~ APPENDIX B (2) that the RECIPIENT shall use tiie lands and interests in lands so conveyed, in compliance with all require- ments imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above- mentioned nondiscrimination conditions, the Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above de- scribed land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this deed.* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. DN-OLA 255 (4-71) -15- ZJ AGREEMENT EXHIBIT "A" APPENDIX C The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by the RECIPIENT, pursuant to the provisions of Assurance 7(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transpor- tation program or activity is extended or foi^ another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rigf~ts Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the RECIPIENT and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the RECIPIENT, pursuant to the provisions of Assurance 7 (b). * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. DH-OLA 255 (4-77) -16- AGP.EEMENT EXHIBIT "A" APPENDIX C The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: (1) no person on the ground of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, or national origin shall be ex- cluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to terminate the. (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the RECIPIENT, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. DH-OLA 255 (4-77) _17_