|
"facility") operated, or will be (with regard to a "program") conducted in compliance with all
<br />requirements imposed by, or pursuant to the Acts and the Regulations.
<br />2.The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals
<br />for work, or material subject to the Acts and the Regulations made in connection with all FHWA
<br />Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding
<br />source:
<br />"The ________________________________________ , in accordance with the provisions
<br />of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and
<br />the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
<br />entered into pursuant to this advertisement, disadvantaged business enterprises will be
<br />afforded full and fair opportunity to submit bids in response to this invitation and will not be
<br />discriminated against on the grounds of race, color, or national origin in consideration for
<br />an award."
<br />3.The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or
<br />agreement subject to the Acts and the Regulations.
<br />4.The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the
<br />land, in any deed from the United States effecting or recording a transfer of real property, structures, use,
<br />or improvements thereon or interest therein to a Recipient.
<br />5.That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,
<br />the Assurance will extend to the entire facility and facilities operated in connection therewith.
<br />6.That where the Recipient receives Federal financial assistance in the form, or for the acquisition ofreal
<br />property or an interest in real property, the Assurance will extend to rights to space on, over, or under
<br />such property.
<br />7.That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as
<br />a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments
<br />entered into by the Recipient with other parties:
<br />a.for the subsequent transfer of real property acquired or improved under the applicable activity,
<br />project, or program; and
<br />b.for the construction or use of, or access to, space on, over, or under real property acquired or
<br />improved under the applicable activity, project, or program.
<br />8.That this Assurance obligates the Recipient for the period during which Federal financial assistance is
<br />extended to the program, except where the Federal financial assistance is to provide, or is in the form of,
<br />personal property, or real property, or interest therein, or structures or improvements thereon, in which
<br />case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
<br />a.the period during which the property is used for a purpose for which the Federal financial
<br />assistance is extended, or for another purpose involving the provision of similar services or
<br />benefits; or
<br />b.the period during which the Recipient retains ownership or possession of the property.
<br />9.The Recipient will provide for such methods of administration for the program as are found by the
<br />Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable
<br />guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants,
<br />transferees, successors in interest, and other participants of Federal financial assistance
<br />3
|