Rail With Trail State-Local Agreement with ITDSTATE/LOCAL AGREEMENT
(PROJECT DEVELOPMENT)
PROJECT NO. A013(918)
RAIL WITH TRAIL PATHWAY, MERIDIAN
ADA COUNTY
KEY NO. 13918
PARTIES
THIS AGREEMENT is
of TRANSPORhiTION BOARD,
DEPARTMENT, hereafter
MERIDIAN, acting by an
called the Sponsor.
PURPOSE
made and entered into this �% �ay
ann1e by and between the IDAHO
by and through the IDAHO TRANSPORTATION
called the State, and the CITY OF
I through its Mayor and Council, hereafter
The Sponsor has requested that the State include in its
Idaho Transportation Investment Program Federal -Aid Project No.
A013(918), described as Rail with Trail Pathway, Meridian.
Project development is to be performed by Sponsor's
staff/Consultant Engineers. The purpose of this Agreement is to
set out the terms and conditions to accomplish the project
development phase of this project.
The Sponsor acknowledges that this Agreement covers a
project wherein federal aid funds will be allocated, and Sponsor
will comply with the requirements of 23 U.S.C. §313, 23 CFR
§635.410, and 28 CFR Part 35 (title II).
NOTE: Securing the services of a consultant for project
development services must follow the process outlined in
the Idaho Transportation Department Guidelines for Local
Public Agency Projects.
Since certain functions under this Agreement are to be
performed by the State, requiring the expenditure of funds, and
since the State can only pay for work associated with the State
Highway System, the Sponsor is fully responsible for all costs
incurred by the State related to the project.
Authority for this Agreement is established by Section 40-
317 of the Idaho Code.
State/Local Agreement (PD)
Rail with Trail Pathway, Meridian
iit NoKey No. 13 918
Page 1
The Parties agree as follows:
SECTION I. GENERAL
1. It is necessary to develop construction plans and
specifications in order that federal participation may
be obtained in the construction costs of the project.
Federal -aid for project development is not available
on this project. The cost of project development is
the Sponsor's responsibility.
2. Federal participation in the Federal -aid portion of
this project is at the rate of 92.66%; local
participation is 7.34%. Scheduled Local Participation
funds are 100% Sponsor responsibility. Scheduled
funding for this project is listed on the approved
Idaho Transportation Investment Program, and
subsequent revisions. Current estimated funding is as
follows:
a. Project Development (State, Consultant, Local) -
$74,000 (Sponsor 100%)
b. Construction Engineering - $57,000 (92.66%/7.34%)
c. Construction - $444,000 (92.66%/7.34%)
d. Total Estimated Project Costs - $575,000
3. The Sponsor's match for construction of this project
will be provided in cash in the amount of 7.349. of the
construction costs. The Sponsor has earmarked and has
placed in its fiscal budget at least the amount of the
local match equaling to 7.34% of the construction
cost.
4. The construction year for this project is listed on
the approved Idaho Transportation Investment Program,
and subsequent revisions. Currently the project is
scheduled for construction in FY19, which commences
October 1, 2018. The Sponsor will meet the project
milestones shown below or on a subsequently approved
CPM Schedule. Failure to meet these milestones may
jeopardize availability of Federal participation.
Concept Approval - July 1, 2016
Environmental Approval - July 1, 2017
Plans, Specifications, and Estimate - October 1, 2018
State/Local Agreement (PD)
Rail with Trail Pathway, Meridian
Key No. 13918
Page 2
5. This project shall be designed to State Standards as
defined in the current version of the Idaho
Transportation Department's Roadway Design Manual, or
as subsequently revised. The current version of the
Design Manual can be viewed at the following web site:
http://itd.idaho.gov/manuals/ManualsOnline.htm .
5. All information, regulatory and warning signs,
pavement or other markings, and traffic signals
required and warranted will be developed as a part of
the plans, regardless of whether the work is done as a
portion of the contract or by the Sponsor's forces.
7. If the project is terminated prior to completion, the
Sponsor shall repay to the State all federal funds
received for the project, and shall be liable to the
State for any un -reimbursed incidental expenses as
provided for in Section II, Paragraph 1 of this
Agreement.
8. Sufficient Appropriation. It is understood and agreed
that the State and the Sponsor are governmental
agencies, and this Agreement shall in no way be
construed so as to bind or obligate either the State
or Sponsor beyond the term of any particular
appropriation of funds by the Federal Government, the
State Legislature, or Meridian City Council, as may
exist from time to time. The State and the Sponsor
reserve the right to terminate this Agreement if, in
either party's respective judgment, the Federal
Government or the legislature of the State of Idaho
fails, neglects or refuses to appropriate sufficient
funds as may be required for the State or Sponsor to
continue payments. Any such termination shall take
effect immediately upon notice and be otherwise
effective as provided in this Agreement. The parties
agree this clause does not invalidate or waive the
obligations in Section I, Paragraph 7.
SECTION II. That the State shall:
1. Provide the following services incidental to the
project development:
State/Local Agreement (PD)
Rail with Trail Pathway, Meridian
Key No. 13918
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a. Assist Sponsor in the selection of a Consulting
Engineer and negotiations as needed, and furnish
the Agreement for Engineering Services and any
supplements thereto, to be used between the Sponsor
and Consulting Engineers on this project.
b. Review Preliminary Environmental Evaluation and
recommend other appropriate environmental
documentation.
c. Provide a hearing officer to conduct a formal
public hearing as necessary.
d. File with the Federal Highway Administration
applications for exceptions to AASHTO Standards
when appropriate.
e. If requested by the Sponsor, assist in negotiations
with public carriers and utilities for agreements
on behalf of the Sponsor.
f. Review the consultant plans, estimates, reports and
environmental studies, and issue notice of approval
to the Sponsor and the engineer following the
Concept, Preliminary and Final Design Reviews and
the Design Study Report.
g. Print and assemble plans, special provisions,
specifications and contracts.
h. Advertise for bids and let the construction
contract. Prior to construction, the parties will
enter into a separate agreement covering
responsibilities of the parties relating to
construction.
2. Within sixty (60) days of receipt of appropriate
documentation from the Sponsor showing expenditure of
funds for project development, reimburse the Sponsor
at the approved Federal -aid rate for eligible
expenses.
3. Bill the Sponsor for costs incurred by the State under
this Agreement for project development, if those costs
exceed the amount set out in Section III, Paragraph 1.
State/Local Agreement (PD)
Rail with Trail Pathway, Meridian
Key No. 13918
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4. Bill the Sponsor for any federal funds to be repaid by
the Sponsor if the project is terminated prior to
completion, and the Sponsor has been reimbursed with
federal funds for construction.
SECTION III.
That the Sponsor shall:
1. Pay to the State, before the State begins the
incidental services referred to in Section II,
Paragraph 1, the sum of FIVE THOUSAND DOLLARS
($5,000), estimated to be the total expense to the
State. In addition, pay to the State the cost of all
incidental services provided by the State upon receipt
of the billing provided for in Section II, Para. 3.
2. Funds owed by the Sponsor shall be remitted to the
State through the ITD payment portal at:
https:llapps.itd.idaho.govIPay-TTD.
3. Sponsor warrants that it will repay any federal
reimbursements on this project if the project is
terminated prior to completion.
4. With the assistance of the State, hire a consultant
for development of the project.
5. Make timely payment of all consultant invoices
throughout the design of the project. Periodically
the Sponsor may submit allowable Consultant invoices
and receipts to the State showing payment of same for
credit towards the Sponsor's match on construction of
the project.
6. Advertise for formal public hearing if required.
7. Coordinate the relocation of utilities within the
right-of-way of the project. Federal -aid utility
relocations will be processed in accordance with the
applicable provisions of 23 CFR and the Sponsor's
utility policies and procedures.
8. Acquire all rights-of-way and easements needed to
provide for construction and maintenance of the
project.
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Key No. 13918
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9. Before advertisement for bids, provide a certification
that all rights-of-way, easements, permits, materials
sources and agreements necessary for the construction
of the project have been acquired in accordance with
the provisions of this Section. Provide a value of
any right-of-way donations obtained, which may be
credited as a matching share.
10. Evaluate the impact the project might have on the
quality of the human environment and prepare and
furnish to the State an environmental evaluation, that
includes cultural resources, and any other
documentation required by the National Environmental
Policy Act.
11. At all required public hearings, furnish all necessary
exhibits and provide for a representative of the
Sponsor to describe the project; present information
about the location and design, including alternatives;
discuss the economic, sociological, and environmental
effects of the project; and answer all questions
concerning the project.
12. Supply roadway summary sheets and such standard draw-
ings as may be required to supplement the plans
13. Comply with Appendix A, Title 49 CFR, Part 21,
attached hereto and made a part hereof. By this
agreement Sponsor agrees to comply with and be bound
to the Civil Rights provisions of Title VI of the
Federal Code and to generally insert those provisions
in all contracts that it enters into that are
federally funded on this project. If property acquired
for this project with Federal financial assistance is
transferred, the recipient of the property will be
subject to Appendix A if the property is used for the
same purpose it was originally acquired or for another
purpose involving similar services or benefits to the
general public. Sponsor should contact the State
prior to disposing of any property acquired under this
agreement.
14. Maintain all project records, including source
documentation for all expenditures and in-kind
contributions, for a period of three (3) years from
State/Local Agreement (PD)
Rail with Trail Pathway, Meridian
Key No. 13918
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the date of final acceptance. If any litigation,
claim, negotiation, or audit has been started before
expiration of the three-year period, the records shall
be retained until completion of the action and
resolution of all issues that arise from it.
15. Comply with all other applicable State and Federal
regulations.
EXECIITION
This Agreement is executed for the State by its Engineering
Services Division Administrator, and executed for the Sponsor by
the Mayor, attested to by the City Clerk, with the imprinted
Corporate Seal of the City of Meridian.
IDAHO TRANSPORTATION DEPARTMENT
APPROV D BY
4
Engineering Services
Division Administrator
RECOMMENDED BY:
0
�Diict Engineer
n•� L7F2t ,•
By regular/special meeting
ongs�o�� G,?O 1 L
Reviewed by FS: DW 2-2-16
hm:13918 SLAPD.docx
State/Local Agreement (PD)
Rail with Trail Pathway, Meridian
Key No. 13918
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APPENDIX A
Non -Discrimination Agreement for Local Public Agencies
Title VI Program
Organization and Staffing
Pursuant to 23 CFR 200, the Sponsor has designated a Title VI Coordinator who is responsible for
monitoring practices, procedures, policies, and documents for compliance with Title VI. This individual is
the designated liaison for Title VI program activities and for coordinating compliance monitoring with the
Idaho Transportation Department Equal Employment Opportunity Office.
Assurances of Non -Discrimination
49 CFR Part 21.7
The Sponsor hereby gives assurances:
1. That 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 under any program or activity
conducted by the Sponsor regardless of whether those programs and activities are Federally funded or not.
The Federal -aid Highway Transportation Act of 1973 added sex to the list of prohibitive factors.
Disability was added through Section 504 of the Rehabilitation Act of 1973. Age was subsequently added
in 1975 under the Age Discrimination Act. Minority populations and low-income populations were
added by Presidential Executive Order 12898. Limited English proficient persons was added by
Presidential Executive Order 13166.
2. That it will promptly take any measures necessary to effectuate this agreement.
3. That each program, activity, and facility (i.e. lands change to roadways, park and ride lots etc.) as defined
at 49 CFR 21.23(b) and (e), and the Civil Rights Restoration Act of 1987 will be (with regard to a
program or activity) conducted, or will be (with regard to a facility) operated in compliance with the
nondiscriminatory requirements imposed by, or pursuant to, this agreement.
Further assurance is given that the Sponsor will comply with all requirements of Title U of the
Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Vocational Rehabilitation Act
of 1973. Public agencies are required to have completed a self-evaluation of all their programs and
services (including pedestrian facilities) by 1992. In addition, public agencies with 50 or more employees
were required to develop an ADA Transition Plan describing in detail how corrections would be made. If
corrections could not be made within one year (or 1993), the Plan was to include a detailed schedule of
how corrections would be made (CFR 28 35.105 & 35.150).
4. That these assurances are 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 Sponsor by the Idaho Transportation Department (ITD) under the Federally -Funded
Program and is binding on it, other recipients, sub -grantees, contractors, sub -contractors, transferees,
successors in interest and other participants.
5. That the Sponsor shall insert the following notification in all solicitations for bids for work or material
subject to the Regulations and made in connection with all Federally -Funded programs and, in adapted
from all proposals for negotiated agreements: The (Sponsor), in accordance with Title VI of the Civil
Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and 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 issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this
State/Local Agreement (PD)
Rail with Trail Pathway, Meridian
Key No. 13918
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advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, national origin, sex, or disability in consideration for an award.
6. That the Sponsor shall insert the clauses of Attachment 1 of this Agreement in every contract subject to
the Act and the Regulations.
7. That the Sponsor shall insert the clauses of Attachment 2 of this Agreement, 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.
8. The Sponsor agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, the Regulations, and this agreement.
Implementation Procedures
This agreement shall serve as the Sponsor's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21.
For the purpose of this agreement, "Federal Assistance" shall include:
1. grants and loans of Federal funds,
2. the grant or donation of Federal property and interest in property,
3. the detail of Federal personnel,
4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property
or any interest in such property without consideration or at a nominal consideration, or at a consideration
which is reduced for the purpose of assisting the Sponsor, or in recognition of the public interest to be
served by such sale or lease to the Sponsor, and
5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of
assistance.
The Sponsor shall:
1. Issue a policy statement, signed by the Sponsor's authorized representative, which expresses its
commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated
throughout the Sponsor's organization and to the general public. Such information shall be published
where appropriate in languages other than English.
2. Take affirmative action to correct any deficiencies found by ITD or the United States Department of
Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement
Title VI compliance in accordance with this agreement. The Sponsor's authorized representative shall be
held responsible for implementing Title VI requirements.
3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to the
Sponsor's authorized representative. The Title VI Coordinator shall be responsible for initiating and
monitoring Title VI activities and preparing required reports.
4. Adequately implement the civil rights requirements.
5. Process complaints of discrimination consistent with the provisions contained in this agreement.
Investigations shall be conducted by civil rights personnel trained in discrimination complaint
investigation. Identify each complainant by race, color, national origin, sex, or disability; the nature of the
complaint; the date the complaint was filed; the date the investigation was completed; the disposition; the
date of the disposition; and other pertinent information. A copy of the complaint, together with a copy of
State/Local Agreement (PD)
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Key No. 13918
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the Sponsor's report of investigation, will be forwarded to ITD's EEO Office — External Programs within
10 days of the date the complaint was received by the Sponsor.
6. Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programs
and activities conducted by the Sponsor.
7. Conduct Title VI reviews of the Sponsor and sub -recipient contractor/consultant program areas and
activities. Revise where applicable, policies, procedures and directives to include Title VI requirements.
8. Attend training programs on Title VI and related statutes conducted by ITD's EEO Office.
9. Participate in an annual review of the Sponsor's Title VI Program, the purpose of which is to determine to
what extent the Sponsor has complied with Title VI requirements including the ADA. This review is
conducted one year from the date of approval of the Non -Discrimination Agreement and then annually on
the same date. The format for the Title VI review will be provided each year to the Sponsor for
completion. A determination of compliance will be made by ITD's EEO Office based on the information
supplied in the review. This review of the Sponsor's Title VI Program may also include an on-site review
in order to determine compliance.
Discrimination Complaint Procedure
Any person who believes that he or she, individually, as a member of any specific class, or in connection with any
disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights
Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of
1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A
complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the
Sponsor's Title VI Coordinator for review and action.
In order to have the complaint consideration under this procedure, the complainant must file the complaint no
later than 180 days after:
a) The date of alleged act of discrimination; or
b) Where there has been a continuing course of conduct, the date on which that conduct was
discontinued.
In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest
of justice, specifying in writing the reason for so doing.
Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative.
Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination.
In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor,
the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the
person in reducing the complaint to writing and submit the written version of the complaint to the person for
signature. The complaint shall then be handled according to the Sponsor's investigative procedures.
Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of
action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress
available, such as ITD and USDOT.
The Sponsor will advise ITD within 10 days of receipt of the allegations. Generally, the following information
will be included in every notification to ITD:
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a) Name, address, and phone number of the complainant.
b) Name(s) and address(es) of alleged discriminating official(s).
C) Basis of complaint (i.e., race, color, national origin or sex)
d) Date of alleged discriminatory act(s).
e) Date of complaint received by the Sponsor.
f) A statement of the complaint.
g) Other agencies (state, local or Federal) where the complaint has been filed.
h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in the
complaint.
Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the
information obtained, will render a recommendation for action in a report of findings to the Sponsor's authorized
representative. The complaint should be resolved by informal means whenever possible. Such informal attempts
and their results will be summarized in the report of findings.
Within 90 days of receipt of the complaint, the Sponsor's authorized representative will notify the complainant in
writing of the final decision reached, including the proposed disposition of the matter. The notification will advise
the complainant of his/her appeal rights with ITD, or USDOT, if they are dissatisfied with the final decision
rendered by the Sponsor. The Title VI Coordinator will also provide ITD with a copy of this decision and
summary of findings upon completion of the investigation.
Contacts for the different Title VI administrative jurisdictions are as follows:
Idaho Transportation Department
Equal Employment Opportunity Office — External Programs
EEO Manager
PO Box 7129
Boise, ID 83707-1129
208-334-8852
Federal Highway Administration
Idaho Division Office
3050 Lakeharbor Lane, Suite 126
Boise, ID 83703
208-334-9180
Sanctions
In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITD may take any or all
of the following actions:
1. Cancel, terminate, or suspend this agreement in whole or in part;
2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or
refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor.
3. Take such other action that may be deemed appropriate under the circumstances, until compliance or
remedial action has been accomplished by the Sponsor;
4. Refer the case to the Department of Justice for appropriate legal proceedings.
Distribution: EEO Office
Appendix A revised: 03-09, 08-10
State/Local Agreement (PD)
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Key No. 13918
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Attachment 1
This Attachment is to be inserted in every contract subject to Title VI of the Civil Rights Act of 1964 and associated
Regulations.
During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations
The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United
States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended
from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a
part of this contract.
2. Non-discrimination
The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race,
color, sex, or national origin in the selection and retention of sub -contractors, including procurement 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 Sub -contracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a
sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall
be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-
discrimination on the grounds of race, color, sex, or national origin.
4. Information and Reports
The contractor shall provide all information and reports required 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 contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the contractor shall so certify to ITD or the USDOT as
appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Non-compliance
In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting
agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not
limited to:
• Withholding of payments to the contractor under the contract until the contractor complies, and/or;
• Cancellation, termination, or suspension of the contract, in whole or in part
Incorporation of Provisions
The contractor shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement 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 sub -contractor or procurement as the contracting agency or USDOT
may direct as a means of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-
contractor or supplier as a result of such direction, the contractor may request ITD enter into such litigation to protect the
interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the
interests of the United States.
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Key No. 13918
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Attachment 2
The following clauses shall be included in any and all deeds affecting or recording the transfer of real property,
structures or improvements thereon, or interest therein from the United States.
GRANTING CLAUSE
NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state
of Idaho will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23,
United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and
procedures prescribed by the United States Department of Transportation and, also in accordance with and in
compliance with 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 ITD (hereinafter referred to as the Regulations) pertaining to and
effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC 2000d to 2000d -
4) does hereby remise, release, quitclaim, and convey unto the state of Idaho all the right, title, and interest of
the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part
thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the state of Idaho, and its successors forever,
subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which
will remain in effect for the period during which the real property or structures are used for a purpose for which
the federal financial assistance is extended or for another purpose involving the provisions of similar services or
benefits and shall be binding on the state of Idaho, its successors, and assigns.
The state of Idaho, 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, sex or national origin, be excluded from participation in, be denied the benefits of, or
be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under
such lands hereby conveyed (,)(and)* (2) that the state of Idaho, shall use the lands and interests in lands so
conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination of
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 non-discrimination conditions, the department shall have a right to reenter said lands and facilities on
said land, and the above described 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 instruction.'
Reverter Clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.