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REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF <br />TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT <br />5. If as a condition of assistance, Agency has submitted and the United States Department of <br />Transportation (LJSDOT) has approved a Disadvantaged Business Enterprise Affirmative Action <br />Program which Agency agrees to carry out, this affirmative action program is incorporated into the <br />financial assistance agreement by reference. That program shall be treated as a legal obligation and <br />failure to carry out its terms shall be treated as a violation of the financial assistance agreement. <br />Upon notification to USDOT Agency of its failure to carry out the approved program, shall impose <br />such sanctions as noted in Title 49, CFR; Part 26, which sanctions may include termination of the <br />agreement or other measures that may affect the ability of Agency to obtain future USDOT financial <br />assistance. <br />6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree to ensure <br />that DBE as defined in Title 49, CFR, Part 26, have the opportunity to participate in the performance <br />of contracts and subcontracts financed in whole or in part with federal funds. In this regard, <br />Agency shall take all necessary and reasonable steps in accordance with Title 49, CFR, Part 26, <br />to ensure that DBE have the opportunity to compete for and perform contracts. Neither State nor <br />Agency and its contractors shall discriminate on the basis of race, color, national origin or sex in the <br />award and performance of federally-assisted contracts. Agency shall carry out applicable <br />requirements of Title 49, CFR, Part 26, in the award and administration of such contracts. Failure by <br />Agency to carry out these requirements is a material breach of this Agreement, which- may result in <br />the termination of this contract or such other remedy as State deems appropriate. <br />7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under <br />this Agreement. <br />8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title <br />V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 <br />(ADA), and Titles VI and VII of the Civil Rights Act of 1964. <br />9. The parties hereto agree and understand that they will comply with all applicable federal, state, and <br />local laws, regulations, executive orders and ordinances applicable to the work including, but not <br />limited to, the provisions of ORS 2790.505 2790.515 2790.520 2790.530 and 279B 270 <br />incorporated herein by reference and made a part hereof; Title 23 CFR Parts 1.11 140 710 and <br />771• Title 49 CFR Parts 18 24 and 26• OMB CIRCULAR NO A-87-and NO A-133 Title 23 <br />USC, Federal-Aid Highway Act; Title 41, Chapter 1, USC 51-58, Anti-Kickback Act• Title 42 USC• <br />Uniform Relocation Assistance and Real Propert~quisition Policy Act of 1970 as amended and . <br />provisions of Federal-Aid Policy Guide (FAPGZ <br />STATE OBLIGATIONS <br />PROJECT- FUNDING REQUEST <br />10. State shall submit a Project funding request to FHWA with a request for approval of federal-aid <br />participation in all engineering, right-of--way acquisition, eligible utility relocations and/or <br />construction work for the Project. No work shall proceed on any activity in which federal-aid <br />STDPRO-2005.doc <br />Rev. 3-22-OS <br />