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REQUIRED STATEMENT FOR USDOT FINANCIAL ASSISTANCE AGREEMENT <br /> <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 legal obligation and failure to carry out its <br /> terms shall be treated as a violation of the financial 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 /> 6. 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 /> lations executive orders and ordinances a licable to the work including, but not <br /> local laws re PP <br /> l~ <br /> limited to, the provisions of ORS 279.312, 279.314, 279.316, 279.320 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 /> 8 and 24. 23 CFR Part 771 • Title 41, USC, Anti-Kickback Act; Title <br /> Governments; 49 CFR Parts 1 , <br /> 23, USC, Federal-Aid Highway Act; 42 USC, Uniform Relocation Assistance and Real Property <br /> Acquisition Policy Act of 1970, as amended.a ;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 /> ri t-of-wa ac uisition eli ible utility relocations and/or <br /> all en ineerin g <br /> artici ation in P,h Y q <br /> P P g g <br /> construction work for the project. No work shall proceed on any activity in which federal-aid <br /> participation is desired until such approval has been obtained. The program shall include <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 /> STDPR098.doc 2 <br /> Rev.06-04-98 <br /> <br />