|
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 financial 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
<br /> 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 ri hts laws, rules and- re ulations, includin Title V
<br /> 9 9 9
<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 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, 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 /> rovisions of Federal-Aid Polic Guide FAP
<br /> p Y ( G)•
<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 an activit in which federal-aid
<br /> Y Y
<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. Ail work and records of such
<br /> work shall be in conformance with FHWA rules and regulations.
<br /> F/NANCE
<br />
<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
<br /> 8
<br /> _ _ _
<br />
<br />
|