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OMB Number: 4040-0009 <br />Expiration Date: 01/31/2019ASSURANCES - CONSTRUCTION PROGRAMS <br />PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT <br />AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. <br />Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of <br />information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for <br />reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. <br />Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the <br />Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional <br />assurances. If such is the case, you will be notified. <br />As the duly authorized representative of the applicant:, I certify that the applicant: <br />NOTE: <br />1. Has the legal authority to apply for Federal assistance, <br />and the institutional, managerial and financial capability <br />(including funds sufficient to pay the non-Federal share <br />of project costs) to ensure proper planning, <br />management and completion of project described in this application. <br />2. Will give the awarding agency, the Comptroller General <br />of the United States and, if appropriate, the State, the right to examine all records, books, papers, or <br />documents related to the assistance; and will establish <br />a proper accounting system in accordance with <br />generally accepted accounting standards or agency <br />directives. <br />3. Will not dispose of, modify the use of, or change the <br />terms of the real property title or other interest in the <br />site and facilities without permission and instructions <br />from the awarding agency. Will record the Federal <br />awarding agency directives and will include a covenant in the title of real property acquired in whole or in part <br />with Federal assistance funds to assure non- <br />discrimination during the useful life of the project. <br />4. Will comply with the requirements of the assistance <br />awarding agency with regard to the drafting, review and <br />approval of construction plans and specifications. <br />5. Will provide and maintain competent and adequate <br />engineering supervision at the construction site to <br />ensure that the complete work conforms with the approved plans and specifications and will furnish <br />progressive reports and such other information as may be <br />required by the assistance awarding agency or State. <br />6. Will initiate and complete the work within the applicable <br />time frame after receipt of approval of the awarding agency. <br />7. Will establish safeguards to prohibit employees from <br />using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. <br />8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed <br />standards of merit systems for programs funded <br />under one of the 19 statutes or regulations specified in <br />Appendix A of OPM's Standards for a Merit System of <br />Personnel Administration (5 C.F.R. 900, Subpart F). <br />9. Will comply with the Lead-Based Paint Poisoning <br />Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or <br />rehabilitation of residence structures. <br />10. Will comply with all Federal statutes relating to non-discrimination. These include but are not limited to: (a) <br />Title VI of the Civil Rights Act of 1964 (P.L. 88-352) <br />which prohibits discrimination on the basis of race, <br />color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination <br />on the basis of sex; (c) Section 504 of the <br />Rehabilitation Act of 1973, as amended (29) U.S.C. <br />§794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits <br />discrimination on the basis of age; (e) the Drug Abuse <br />Office and Treatment Act of 1972 (P.L. 92-255), as <br />amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation <br />Act of 1970 (P.L. 91-616), as amended, relating to <br />nondiscrimination on the basis of alcohol abuse or <br />alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol <br />and drug abuse patient records; (h) Title VIII of the <br />Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as <br />amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) <br />under which application for Federal assistance is being <br />made; and (j) the requirements of any other <br />nondiscrimination statue(s) which may apply to the application. <br />Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) <br />Prescribed by OMB Circular A-102 <br />53