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Department will not change the Contractor's Project property management responsibilities as stated in
<br />Section 14 of this Agreernent, and as may be set forth in subsequent Federal and State laws,
<br />regulations, and directives, except to the extent the Department determines otherwise in writing.
<br />Section 18. Insurance: The Contractor shall be responsible for protecting the state and/or
<br />federal financial Interest in the facility construction/renovation and equipment purchased under
<br />this Agreernent throughout the useful life. The Contractor shall provide, as frequently and iin
<br />such manner as the Department may require, written docurnentation that the facility and
<br />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. Minimurn ReQUirements, At a minimum, the Contractor agrees to cornply with the
<br />insurance requirements normally imposed by North Carolina State and local laws, regulations, and
<br />ordinances,, except to the extent that the Department determines otherwise in writing,
<br />b. Flood Hazards, To the extent applicable, the Contractor agrees to comply with the
<br />flood insurance purchase provisions of Section! 102(a) of the Flood Disaster Protection Act of 1973, 42
<br />U.S.C. § 4012a(a),, with respect to any Project activity involving construction or an acquisition having an
<br />insurable cost of $10,000 or more.
<br />Section 19. Relocation. Whein relocation of individLials or businesses, is required, the
<br />Contractor agrees as follows�
<br />a. Relocation Protections, The Contractor agrees to comply with 49 U,&C, § 5324(a),
<br />which requires compliance with the Uniform Relocation Assistance and Real Property Acquisition
<br />Policies Act of 1,970, as arnended, 42 U.S.C. §§ 4601 et seq.; and U .S. DOT regulations, "Uniform
<br />Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs,"' 49
<br />C,F.R. Part 24, which provide for fair and equitable treatment of persons, displaced and persons whose
<br />property is acquired as a result of Federal and federally assisted prograrns. [See, new U.S. DOT final
<br />rule, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted
<br />Programs," 49 C.F.R. Part 24, at 70 Fed. Reg. 590 et seq,, January 4, 2005.] These requirements
<br />apply to relocation in connection with all interests in real property acquired for the Project regardless of
<br />Federal participation in the costs of that real property.
<br />b, Nondiscrimination in Housing. In carrying out its responsibilities to provide housing
<br />that may be required for compliance with Federal relocation requirements for individuals, the Contractor
<br />agrees to comply with Title VIll of the Civil Rights Act of 1968, as amended, 42 U,S,C. §§ 3601 et seq.,
<br />and with Executive Order No. 12892, "Leadership and Coordination of Fair Housing in Federal
<br />Programs: Affirmatively Furthering Fair Housing," 42 U.S.C, § 3608 note.
<br />C. Prohibitioin A ainst Use of Lead-Based Paint. in undertaking COnStrUCtiOn or
<br />rehabilitation of residential structures on behalf of individuals affected: by real property acquisition in
<br />connection with implernenting the Project, the Contractor agrees that it will not use lead-based paant,
<br />consistent with the prohibitions of Section 401(b) of the Lead-Based Paint Poisoning Prevention Act, 42
<br />U.S.C. § 4831(b), and the provisions of U.S. Housing and Urban Development regulations, " "Lead
<br />based Paint Poisoning in Certain Residential Structures,"
<br />Section 20. ER ea/ Pro 2pEty. For real property acquired with Federal assistance, the Contractor
<br />agrees as follows:
<br />a. Land, Acquisition. The Contractor agrees to comply with 49 U.S.C. § 5324(a), which requires
<br />compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
<br />as amended', 42 U,S.C. §§ 4601 et seq.; and with US. DOT regulations, "Uniform Relocation
<br />Assistance and Real Property Acquisition for Federal and Federally Assisted Prograrns," 49 C.F.R. Part
<br />24. [See, new U.S. DOT final rule, "Uniform Relocation Assistance and Real Property Acquisition for
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