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Attachment D--10/12/06 <br />FEDERAL REQUIREMENTS <br />Following is a listing of some of the regulations that apply to any project receiving federal transportation <br />funds. These requirements must be taken into consideration during the project development and project <br />implementation stages. <br />Davis-Bacon and Cooeland Acts: <br />Payment of pre-determined wage is applicable to all federal-aid construction contracts exceeding $2,000 and <br />to all related subcontracts, except for projects located on roadways classified as local roads or rural minor <br />collectors. <br />ADA Requirements: <br />All transportation enhancement assisted projects must comply with the handicapped accessibility standards, <br />as stated in Section 504 of the Federal Rehabilitation Act of 1973, Section 55, of the Minnesota State Building <br />Code; and with the Public Service Provisions of the 1983 disability amendments, Minnesota Human Rights <br />Act. <br />According to Title II of the Americans with Disabilities Act (ADA) "No qualified individual with a disability shall, <br />by reason of that disability, be excluded from participating in or be denied the benefits of the services, <br />programs or activities provided by a public entity, or otherwise be subjected to discrimination by such entity." <br />ADA requires, among other things, modification of equipment and removal of physical barriers. <br />Anti-Discrimination Laws: <br />Title VI of the Civil Rights Act of 1964 requires that no person in the United States shall, on the grounds of <br />race, color, national origin, age or handicap, be excluded from participation in, be denied benefts of, or be <br />otherwise subjected to discrimination. <br />Each sponsoring participant must display posters explaining non-discrimination provisions of Title VI, <br />including compliance procedures and must develop a procedure for processing Title VI related complaints. <br />Minnesota Statutes 363.073, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital <br />status, status with regard to public assistance, disability, age, or sexual orientation. <br />Matching Funds: <br />SAFETEA-LU allows for the matching of federal funds with right-of-way on all projects and for the use of "soft" <br />or "in kind" match on enhancement and scenic byway projects. The right-of-way used for match should be <br />right-of-way either purchased or donated specifically for the project. Right-of-way purchased at an earlier time <br />to do other work or the initial construction of the route should not be used as match. The "soft" or "in kind" <br />match for enhancement projects must be something that has a tangible cost, such as railroad ties or wires <br />necessary to run a historic streetcar. Charging a professional fee for labor being performed by non- <br />professionals is not allowed. <br />Federal funds are received when right-of-way or soft match is used. If the right-of-way or soft match is <br />sufficient to make up 25% of the total cost of the project, (contract plus right-of-way or soft match) then the <br />C1 <br />