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lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit <br /> arising out of the contractor's work or Agency's supervision of the project. <br /> REQUIRED STATEMENT FOR USDOT FINANCIAL ASSISTANCE AGREEMENT <br /> 5. If as a condition of assistance the Agency has submitted and the US Department of Transportation <br /> has approved a Disadvantaged Business Enterprise Affirmative Action Program which the Agency <br /> agrees to carry out, this affirmative action program is incorporated into the financial assistance <br /> agreement by reference. That program shall be treated as a legal obligation and failure to carry out <br /> its terms shall be treated as a violation of the financial assistance agreement. Upon notification to the <br /> Agency of its failure to carry out the approved program, the US Department of Transportation shall <br /> impose such sanctions as noted in Title 49, Code of Federal Regulations, Part 26, which sanctions <br /> may include termination of the agreement or other measures that may affect the ability of the Agency <br /> to obtain future US Department of Transportation financial assistance. <br /> 6. DBE Obligations. State and its contractor agrees to ensure that Disadvantaged Business Enterprises <br /> as defined in 49 CFR 26 have the opportunity to participate in the performance of contracts and <br /> subcontracts financed in whole or in part with Federal funds. In this regazd, Agency shall take all <br /> necessary and reasonable steps in accordance with 49 CFR 26 to ensure that Disadvantaged <br /> Business Enterprises 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 /> awazd and performance of federally-assisted contracts. The Agency shall carry out applicable <br /> requirements of 49 CFR Part 26 in the awazd and administration of such contracts. Failure by the <br /> Agency to carry out these requirements is a material breach of this contract, which may result in the <br /> termination of this contract or such other remedy as ODOT deems appropriate. <br /> The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under <br /> this contract. <br /> 7. The Agency further agrees to comply with all applicable civil rights laws, rules and regulations, <br /> including 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 /> 8. 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 279.312, 279.314, 279.316, 279.320 and 279.555, incorporated <br /> herein by reference and made a part hereof; Title 49 CFR, Parts 26 and 90, Audits of State and Local <br /> Governments; 49 CFR Parts 18 and 24; 23 CFR Part 771; Title 41, USC, Anti-Kickback Act; Title <br /> 23, USC, Federal-Aid Highway Act; 42 USC, Uniform Relocation Assistance and Real Property <br /> .Acquisition Policy Act of 1970, as amended; provisions of Federal-Aid Policy Guide (FAPG), Title <br /> 23 Code of Federal Regulations (23 CFR) 1.11, 710, and 140; and the Oregon Action Plan. <br /> STDPRO-2000.doc 2 <br /> <br /> Rev.5-21-2004 <br /> <br />