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Cify of Eugene /State of Oregon -Dept, of Transportation
<br />Agreement No. 24596
<br />and failure to carry out its terms shall be treated as a violation of the financia( assistance
<br />agreement. Upon notification from USDOT to City of its failure to carry out the approved
<br />program, USDOT shall impose such sanctions as noted in Title 49, CFR, Part 26, which sanctions
<br />may include termination of the agreement or other measures that may affect the ability of City to
<br />obtain future USDOT financial assistance.
<br />6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree to
<br />ensure that DBE as defined in Title 49, CFR, Part 26, have the opportunity to participate in the
<br />performance of contracts and subcontracts financed in whole or in part with federal funds. In this
<br />regard, City shall take all necessary and reasonable steps in accordance with Title 49, CFR, Part
<br />26, to ensure that DBE have the opportunity to compete for and perform contracts. Neither State
<br />nor City and its contractors shall discriminate on the basis of race, color, national origin or sex in
<br />the award and performance of federally-assisted contracts. City shall carry out applicable
<br />'requirements of Title 49, CFR, Part 26, in the award and administration of such contracts. Failure
<br />by City to carry out these requirements is a material breach of this Agreement, which may result
<br />in 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
<br />under this Agreement.
<br />8. City agrees to comply with all applicable civil rights laws, rules and regulations, including Title V
<br />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,
<br />and local laws, regulations, executive orders and ordinances applicable to the work including, but
<br />not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 2796.270,
<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, USC,
<br />Federal-Aid Highway Act; Title 41, Chapter 1, USC 51-58, Anti-Kickback Act; Title 42 USC;
<br />Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended and
<br />provisions of Federal-Aid Policy Guide (FAPG).
<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 />participation is desired until such approval has been obtained. The program shall include
<br />services to be provided by State, City, or others. State shall notify City in writing when
<br />authorization to proceed has been received from FHWA. Major responsibility for the various
<br />phases of the Project will be as outlined in the Special Provisions. All work and records of such
<br />work shall be in conformance with FHWA rules and regulations.
<br />FINANCE
<br />11. State shall, in the first instance, pay all reimbursable costs of the Project, submit all claims for
<br />federal-aid participation to FHWA in the normal manner and compile accurate cost accounting
<br />records. City may request a statement of costs to date at any time by submitting a written
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