|
equipment are insured against loss in an amount equal to or greater than the state and /or
<br />federal share of the real value of the facility or equipment. Failure of the Contractor to provide
<br />adequate insurance shall be considered a breach of contract and, after notification may result in
<br />termination of this Agreement. In addition, other insurance requirements may apply, the
<br />Contractor agrees as follows:
<br />a. Minimum Requirements. At a minimum, the Contractor agrees to comply with
<br />the insurance requirements normally imposed by North Carolina State and local laws,
<br />regulations, and ordinances, except to the extent that the Department determines otherwise in
<br />writing.
<br />b. Flood Hazards. To the extent applicable, the Contractor agrees to comply
<br />with the flood insurance purchase provisions of Section 102(a) of the Flood Disaster Protection
<br />Act of 1973, 42 U.S.C. § 4012a(a), with respect to any Project activity involving construction or
<br />an acquisition having an insurable cost of $10,000 or more.
<br />Section 16. Relocation. When relocation of individuals or businesses is required, the
<br />Contractor agrees as follows:
<br />a. Relocation Protections. The Contractor agrees to comply with 49 U.S.C. §
<br />5324(a), which requires compliance with the Uniform Relocation Assistance and Real Property
<br />Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq.; and U.S. DOT
<br />regulations, Uniform Relocation Assistance and Real Property Acquisition for Federal and
<br />Federally Assisted Programs," 49 C.F.R. Part 24, which provide for fair and equitable treatment
<br />of persons displaced and persons whose property is acquired as a result of Federal and
<br />federally assisted programs. [See, new U.S. DOT final rule, "Uniform Relocation Assistance
<br />and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24,
<br />at 70 Fed. Reg. 590 et seq., January 4, 2005.] These requirements apply to relocation in
<br />connection with all interests in real property acquired for the Project regardless of Federal
<br />participation in the costs of that real property.
<br />b. Nondiscrimination in Housing. In carrying out its responsibilities to provide
<br />housing that may be required for compliance with Federal relocation requirements for
<br />individuals, the Contractor agrees to comply with Title VIII of the Civil Rights Act of 1968, as
<br />amended, 42 U.S.C. §§ 3601 et seq., and with Executive Order No. 12892, "Leadership and
<br />Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing," 42
<br />U.S.C. § 3608 note.
<br />C. Prohibition Against Use of Lead -Based Paint. In undertaking construction or
<br />rehabilitation of residential structures on behalf of individuals affected by real property
<br />acquisition in connection with implementing the Project, the Contractor agrees that it will not use
<br />lead -based paint, consistent with the prohibitions of Section 401(b) of the Lead -Based Paint
<br />Poisoning Prevention Act, 42 U.S.C. § 4831(b), and the provisions of U.S. Housing and Urban
<br />Development regulations, "Lead -based Paint Poisoning in Certain Residential Structures,"
<br />Section 17. Real Property. For real property acquired with Federal assistance, the
<br />Contractor agrees as follows:
<br />a. Land Acquisition. 'The Contractor agrees to comply with 49 U.S.C. § 5324(a),
<br />which requires compliance with the Uniform Relocation Assistance and Real Property
<br />Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq.; and with U.S. DOT
<br />regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and
<br />Federally Assisted Programs, 49 C.F.R. Part 24. [See, new U.S. DOT final rule, "Uniform
<br />Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted
<br />Programs," 49 C.F.R. Part 24, 70 Fed. Reg. 590 et seq., January 4, 2005.] These requirements
<br />apply to all interests in real property acquired for Project purposes regardless of Federal
<br />participation in the cost of that real property.
<br />Page 26 of 36
<br />
|