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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. Upon <br /> j notification from USDOT to Agency of its failure to carry out the approved program, USDOT shall <br /> impose such sanctions. as noted in Title 49, CFR, Part 26, which sanctions may include termination of <br /> the agreement or other measures that may affect the ability of Agency to obtain future USDOT <br /> financial assistance. <br /> i <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 /> j of contracts and subcontracts fmanced in whole or in part with federal funds. In this regard, Agency <br /> shall take all necessary and reasonable steps in accordance with Title 49. CFR, Part 26, to ensure <br /> that DBE have the opportunity to compete for and perform contracts. Neither State nor Agency and its <br /> contractors shall discriminate on the basis of race, color, national origin or sex in the award and <br /> performance of federally-assisted contracts. Agency shall carry out applicable requirements of Title <br /> <br /> a 49, CFR, Part 26, in the award and administration of such contracts. Failure by Agency to carry out <br /> these requirements is a material breach of this Agreement, which may result in the termination of this <br /> contract or such other remedy as State deems appropriate. <br /> i <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 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, and <br /> local laws, regulations, executive orders and ordinances applicable to the work including, but not <br /> limited to, the provisions of ORS. _279C.505. 279C.515 279C.520 279C 530 and 279B 270 <br /> ncomorated herein by reference and made a part hereof Title 23 CFR Parts 1 11 140 710 and 771 • <br /> 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 andlor construction <br /> work for the Project. No work shall proceed on any activity in which federal-aid participation is <br /> desired until such approval has been obtained. The program shall include services to be provided <br /> by State, Agency, or others. State shall notify Agency in writing when authorization to proceed has <br /> been received from FHWA. Major responsibility for the various phases of the Project will. be as <br /> outlined in the Special Provisions. All work and records of such work shall be in conformance with <br /> FHWA rules and regulations. <br /> <br />