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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 /> Trauisportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative Action <br /> 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 teens shall be treated as a violation of the financial. assistance. agreement. <br /> Upon notification to USDOT Agency of its failure to carry out the ,approved program, shall impose <br /> such sanctions as noted in';Title 49. CFR,. Part 26, which sanctions may include'termination of the <br /> agreement or other measures that may affect the ability of Agency to obtain future USDOT financial <br /> <br /> , <br /> assistance: <br /> 6. Disadvantaged Business Enterprises. (DB)EJ) 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 /> of contracts and subcontracts financed in whole or in part with federal funds.. In this regard, <br /> Agency shall takeall necessary and reasonable steps in accordance with Title 49 CFR Part 26 <br /> to ensure that DBE 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 /> award and performance of federally-assisted contracts.. Agency shall carry out applicable <br /> requirements of Title 49 CFR Part 26 in the award and administration of such contracts. Failure by <br /> Agency to carry out these requirements is a material breach of this Agreement, which may result in <br /> 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 under <br /> this Agreement. <br /> Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title <br /> V 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 2790.505 2790 515 2790 520.2790 530 and 279B 270 <br /> incorporated herein by reference.. and . made a part hereof; Title 23 CFR farts 1.11, 140, 710, and <br /> 771 • Title 49 CFR Parts 1$ 24 and 26• OMB CIRCULAR NO. A-87 and NO A-133 Title 23 <br /> USC, Federal-Aid Highway Act; Title 4l, Chapter L USC 51-5$, Anti-Kickback Act; Title 42 USC; <br /> Uniform Relocation Assistance and Real Property Actluisiti.on Policy Act of 1970 as amended and <br /> provisions of Federal-Aid Polcy_wide (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 and/or <br /> construction work for the Project. No work shall proceed on any activity in which federal-aid <br /> STDPRO-2005.doc 2 <br /> Rev.3-22-OS . <br /> <br />