REQUIRED STATEMENT FOR USDOT FINANCIAL ASSISTANCE AGREEMENT <br />5. If as a condition of assistance the Agency has submitted and the US Department of Transportation <br />has approved a Disadvantaged Business Enterprise~Affirmative Action Program which the Agency <br />agrees to carry out, this affirmative action program is incorporated into the financial assistance <br />agreement by reference. That program shall be treated as a Iegal obligation and failure to carry out its <br />terms shall be treated as a violation of the fnancial assistance agreement. Upon notification to the <br />Agency of its failure to carry out the approved program, the US Department of Transportation shall. <br />impose such sanctions ~as noted in Title 49, Code of Federal Regulations, Part 23, Subpart E, which <br />sanctions may include termination of the agreement or_other measures that may affect the ability of <br />the Agency to obtain future US Department of Transportation financial assistance. <br />b. The Agency further agrees to comply with all applicable civil rights laws, rules and regulations, <br />including 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 />7. 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 279312, 279314; 27931.6, 279320 and 279.555, incorporated <br />herein by reference and made a part hereof; Title 49 CFR, Parts 23 and 90, Audits of State and Local <br />Governments; . 49 CFR Parts 18 and 24.; 23 GFR_fart 77I; Title 41, USC, Anti-Kickback Aet; Title <br />23, USC, Federal-Aid Highway. Act; 42 USC, Uniform Relocation Assistance and Real Property <br />Acquisition Policy Act of 1970, as amended•,, provisions of Federal-Aid Policy Guide (FAPG), Title <br />23 Code of Federal Regulations (23 CFR) 1:11, 710,_ and 140; and the Oregon Action Plan. <br />STATE OBLIGATIONS <br />PROJECT FUNDING REQUEST <br />8. ;State shall submit a project funding request to the.FHWA with a request for approval of federal-aid <br />__ <br />participation in all engineering, ,right of-way acquisition, eligible utility relocations andlor <br />construction work for the project. No work shall proceed on any activity in which federal-aid <br />services to be provided by State, .Agency, or others. State shall notify Agency in writing when <br />authorization to proceed has been received. from the FHWA. Major responsibility for the various <br />phases of the project will be as outlined in the Special Provisions. All work and records of such work <br />shall be in conformance with. FHWA rules and regulations and. the Oregon Action Plan. <br />STDPRt?98.doc 2 <br />Rev.06-04-98 <br />t <br />