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City of Eugene /State of Oregon -Dept. of Transportation
<br /> Agreement No. 23750
<br /> REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF
<br /> TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT
<br /> 5. If as a condition of assistance, City has submitted and the United States Department of
<br /> Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative
<br /> Action Program which City 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
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<br /> ' of the financial assistance agreement. Upon notification from USDOT to City of its failure to
<br /> carry out the approved program, USDOT shall impose such sanctions as noted in Title 49,
<br /> CFR, Part 26, which sanctions may include termination of the agreement or other measures
<br /> that may affect the ability of City to obtain future USDOT financial assistance.
<br /> 6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree
<br /> to ensure that DBE as dehned 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 re and Ci shall take all necessa and reasonable ste sin accordance with
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<br /> Title 49, CFR, Part 26, to ensure that DBE have the opportunity to compete for and perform
<br /> contracts. Neither State nor City and its contractors shall discriminate on the basis of race,
<br /> color, national origin or sex in the, award and performance of federally-assisted contracts.
<br /> City shall carry out applicable requirements of Title 49, CFR, Part 26, in the award and
<br /> administration of such contracts. Failure by City to carry out these requirements is a
<br /> material breach of this Agreement, which may result in the termination of this contract or
<br /> 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
<br /> Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act
<br /> 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 2796.270, 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 N0. 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 /> Acquisition Policy Act of 1970, as amended and provisions of Federal-Aid Policy Guide
<br /> (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-
<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, City, or others. State shall notify
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