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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 (USDOT) has approved a Disadvantaged Business Enterprise Affirmative <br />Action Program which Agency agrees to carry out, this affirmative action program is <br />incorporated into the financial assistance agreement by reference. That program shall be <br />treated as a legal obligation and failure to carry out its terms shall be treated as a violation <br />of the financial assistance agreement. Upon notification from USDOT to Agency of its <br />failure to carry out the approved program, USDOT shall impose such sanctions as noted in <br />Title 49, CFR, Part 26, which sanctions may include termination of the agreement or other <br />measures that may affect the ability of Agency to obtain future USDOT financial assistance. <br />6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree <br />to ensure that DBE as defined in Title 49: CFR, Part 26, have the opportunity to participate <br />in the performance of contracts and subcontracts financed in whole or in part with federal <br />funds. In this regard, Agency shall take all necessary and reasonable steps in <br />accordance with Title 49, CFR, Part 26, to ensure .that. DBE have the opportunity to <br />compete for and perform contracts. Neither State nor Agency and its contractors shall <br />discriminate on the basis of race, color, national origin or sex in the award and performance <br />of federally-assisted contracts. Agency shall carry out applicable requirements of Title 49, <br />CFR, Part 26, in the award and administration of such contracts. Failure by Agency to carry <br />out these requirements is a material breach of this Agreement, which may result in the <br />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 <br />into under this Agreement. <br />8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, <br />including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with <br />Disabilities Act of 1990 (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, <br />state., and local laws, regulations, executive orders and ordinances applicable to the work <br />including, but not limited to, the provisions of ORS 279C.505 279C.515 279C.520 <br />279C.530 and 279B.270, incorporated herein by reference and made a part hereof; Title 23 <br />CFR Parts 1.11, 140, 710, and 771: Title 49 CFR Parts 18, 24 and 26; OMB CIRCULAR <br />NO. A-87 and NO. A-133 Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1 USC <br />51-58, Anti-Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property <br />_Acguisition Policy Act of 1970, as amended and provisions of Federal-Aid Policy Guide <br />F( APG}. <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- <br />aid 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 <br />federal-aid participation is desired until such approval has been obtained. The <br />program shall include services to be provided by State, Agency, or others: State shall notify <br />STDPRO-2006.doc <br />Rev. 7-3-2006 <br />