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Federal and Federally Assisted Programs,"' 49 C.F.R. Part 24, 70 Fed, Reg, 590 et seq., January 4,
<br />2005] These requirements apply to all interests in real property acquired for Project purposes
<br />regardless of Federal participation in the cost of that real property.
<br />b. Covenant Assuring Nondiscrimination. The Conti-actor agrees, to include a covenant in the title
<br />of the real property acquired for the Project to assure nondiscrimination during the useful life of the
<br />Project.
<br />C, Recording Title to Real PT
<br />�g ert . To the extent required by FTA and the Department, the
<br />Contractor agrees to record the Federal and/or State's interest in title to real property Used in
<br />connection with the Project and/or execute at the request of the Department any instrument or
<br />documents evidencing or related to the State's interest in the Project's property.
<br />(1) As a condition of its participation in a Facility Project, the Department will retain a secured
<br />interest in the Project for the estimated life of the Project, expected to be forty (40) years,
<br />following cornplefion of the Project,* or the prorated share of the original investment or current
<br />fair market value (the higher value of the two); whichever conies first.
<br />d, Department Approval of Changes in Real Property Ownership, The Contractor agrees that it
<br />will not dispose of, modify the use of, or change the terms of the real property title, or other interest in
<br />the site and facilities used in the Project without prior written permission and instructions from the
<br />Department.
<br />e. Disposal of Real Property,
<br />(1) if useful life is not attained, upon the sale or disposition of any Project facility, the Department
<br />shall be entitled to a refund of the original state and/or federal investment or the state and/or
<br />federal prorated share of the current fair market value of the project facility, whichever is
<br />greater.
<br />(2) For the purpose of this Agreement, the term "any sale or disposition of the Project facility" shall
<br />mean any sale or disposition of the facility for a use not consistent with purposes for which the
<br />state and/or federal share was originally granted pursuant to the Project Agreement, or for a use
<br />consistent with such purposes wherein the transferee in the sale or disposition does not enter
<br />into an assignment and assumption agreement with the Contractor with respect to the
<br />Contractor's obligation under this Agreement or the Grant Agreement, so that the transferee
<br />becomes obligated as if the transferee had been the original pai-ty,
<br />Section 21. Emplovee Protections.
<br />a. Construction Activities. The Contractor agrees to comply, and assures the
<br />compliance of each third party contractor and each subrecipient at any tier of the Project, with the
<br />following laws and regullations, providing protections for construction employees:
<br />(1) Davis-Bacon Act, as amended', 49 U.&C. § 5333(a), which requires
<br />compliance with the Davis-Bacon Act, 40 U,S,C, §§ 3141 et seq., and implementing U.S. DOL
<br />regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and
<br />Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts
<br />Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5,
<br />(2) Contract Work Hours and Safety Standards Act, as amended, 401 U.S.C. §,§
<br />3701 et seq., specifically, the wage and hour requirements of Section 102 of that Act at 40 U &C. §
<br />3702, and implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts
<br />Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable
<br />to NonconstrUction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29
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