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EXHIBIT "C"
<br />Local Assistance Procedures Manual
<br />Exhibit 12-G
<br />Required Federal -Aid Contract Language
<br />each potential sub -applicant or supplier shall be notified by CONTRACTOR of the
<br />CONTRACTOR'S obligations under this Agreement and the Regulations relative to
<br />nondiscrimination on the grounds of race, color, or national origin.
<br />d. Information and Reports: CONTRACTOR shall provide all information and reports required by the
<br />Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
<br />accounts, other sources of information, and its facilities as may be determined by the recipient or
<br />FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any
<br />information required of CONTRACTOR is in the exclusive possession of another who fails or
<br />refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as
<br />appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
<br />e. Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the
<br />nondiscrimination provisions of this agreement, the recipient shall impose such agreement
<br />sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
<br />i. withholding of payments to CONTRACTOR under the Agreement within a reasonable
<br />period of time, not to exceed 90 days; and/or
<br />ii. cancellation, termination or suspension of the Agreement, in whole or in part.
<br />f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through
<br />(6) in every sub -agreement, including procurements of materials and leases of equipment, unless
<br />exempt by the Regulations, or directives issued pursuant thereto.
<br />CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the
<br />recipient or FHWA may direct as a means of enforcing such provisions including sanctions for
<br />noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is
<br />threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONTRACTOR
<br />may request the recipient enter into such litigation to protect the interests of the State, and, in addition,
<br />CONTRACTOR may request the United States to enter into such litigation to protect the interests of the
<br />United States.
<br />APPENDIX B
<br />CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
<br />The following clauses will be included in deeds effecting or recording the transfer of real property,
<br />structures, or improvements thereon, or granting interest therein from the United States pursuant to the
<br />provisions of Assurance 4:
<br />NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition
<br />that the recipient will accept title to the lands and maintain the project constructed thereon in accordance
<br />with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and
<br />procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in
<br />compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of
<br />Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted
<br />programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI
<br />of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release,
<br />quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of
<br />Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
<br />(HABENDUM CLAUSE)
<br />TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever,
<br />subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows,
<br />which will remain in effect for the period during which the real property or structures are used for a
<br />purpose for which Federal financial assistance is extended or for another purpose involving the provision
<br />of similar services or benefits and will be binding on the recipient, its successors and assigns. The
<br />recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant
<br />and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person
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<br />August2022
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