HomeMy WebLinkAbout18- Construction and Maintenance Agreement - Montana Department of Transportation (MDT) - Urban Preservation Project Street Maintenance CN 9217000 BOZEMAN URBAN (UPP) Revised 4/25/17
City of Bozeman
CONSTRUCTION AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Montana,
acting by and through its Department of Transportation, hereinafter called the "State" or
"Department", and the City of Bozeman, a Montana Municipal Corporation,
hereinafter called the City.
WITNESSETH THAT:
THE PURPOSE OF THIS AGREEMENT IS TO SET FORTH THE RESPONSIBILITIES
AND DUTIES OF THE STATE AND THE CITY WITH RESPECT TO A FEDERAL AID
HIGHWAY AND ADJACENT PEDESTRIAN FACILITIES PROJECT WITHIN THE
CITY OF BOZEMAN, MONTANA.
I. WHEREAS, the State proposes to construct and/or reconstruct a certain highway
AND ADJACENT PEDESTRIAN FACILITIES (SIDEWALKS) in and through the City,
the construction being known as Federal Aid Project No. UPP 1299(47), also known as
BOZEMAN - URBAN (UPP), CN 9217000, and
WHEREAS, the construction will be over and upon:
• Route U-1202 (Oak St.) in the City of Bozeman, beginning at approximately RP
0.000 (N. 19th Ave. N-412)) and extending easterly approximately 0.8 mi to RP
0.784 (Intersection of N. 7th Ave.(N-118));
• Route U-1204 (Durston Rd./Peach St.) in the City of Bozeman, beginning at
approximately RP 0.000 (N. 19th Ave. (N-412)) and extending easterly
approximately 1.5 mi to RP 1.467 (Intersection of N. Rouse Ave. (P-86));
• Route U-1215 (Highland Blvd.) in the City of Bozeman, beginning at
approximately RP 0.00 (Kagy Blvd./Bozeman Trail Rd. (U-1212)) and
extending northerly approximately 1.5 mi to RP 1.535 (Intersection of Curtiss
St.);
• Route U-1212 (Kagy Blvd./Bozeman Trail Rd.) in the City of Bozeman,
beginning at approximately RP 1.047 (S. Willson Ave. (U-1209)) and extending
easterly approximately 3.0 mi to RP 4.000 (Intersection of Fort Ellis Rd.), and
WHEREAS, the State desires to receive Federal funds to construct the highway,
and
WHEREAS, in accordance with the State's agreement with the Federal Highway
Administration (FHWA) of the U. S. Department of Transportation, the State must
ensure that certain requirements are met in order for the State to fulfill its obligations to
the FHWA and for the project to be eligible for federal funds. Accordingly, the State
includes federal requirements, which are among those hereinafter set forth, for this
project, and the City agrees to them, and
1
J
CN 9217000 BOZEMAN URBAN (UPP) Revised 4/25/17
WHEREAS, this document must be duly executed and on record with the State
and FHWA before the work contemplated can be awarded to contract, and
WHEREAS, the City hereby concurs in the designation of the highway which was
designated under Section 60-2-110, MCA, and
WHEREAS, the City desires to have the construction done, the City deeming it to
be a valuable and beneficial consideration,
II. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
AT STATE EXPENSE, THE STATE AGREES TO DESIGN THE PROJECT, LET IT TO
CONTRACT AND ADMINISTER THE CONTRACT FOR CONSTRUCTION AND WILL
PERFORM ALL THE REMAINING FUNCTIONS AND DUTIES AND
RESPONSIBILITIES SET FORTH HEREIN IN EXCHANGE FOR WHICH THE CITY
AGREES THAT UPON COMPLETION OF THE PROJECT, DEEMING THE
CONSTRUCTION A GOOD AND VALUABLE CONSIDERATION, IT WILL PERFORM
ALL OF THE FUNCTIONS AND DUTIES AND RESPONSIBILITIES SET FORTH IN
THIS AGREEMENT. THE DUTIES AND RESPONSIBILITIES OF EACH PARTY TO
THIS AGREEMENT ARE LIMITED TO THE PROJECT AREA
(A)Oak Street (U-1202) the City will conform with all requirements as set forth in the
City/State Memorandum of Agreement Oak Street Corridor (U-1202) Maintenance
Agreement" Executed on September 1, 2017.
(B) Durston Road/Peach St (U-1204); Kagy Blvd; Highland Blvd; Kagy Blvd/Bozeman
Trail Road
(1) The City agrees to conform in all regards to Chapter 8 of Title 61, MCA, and will
not take any action, by enacting an ordinance or otherwise, in contradiction of the
traffic laws in Chapter 8 of Title 61, MCA, with specific reference, but not limited
to, the following matters:
(a) Installing any signs, signals, or markings not in conformance with the
Standards approved by the FHWA pursuant to 23 USC §109(d).
(b) Establishing a speed limit less than twenty-five (25) miles per hour in any
urban district on the highway.
(c) Establishing a speed limit of less than thirty-five (35) miles per hour outside
an urban district on the highway. The City will modify or alter such established
speed limits on the highway after a traffic and engineering investigation is
made at the request of the State.
(d) Erecting any markings, sign, signal or traffic control device that will give
preference to local routes which intersect with the highway and no sign, signal
2
CN 9217000 BOZEMAN URBAN (UPP) Revised 4/25/17
or traffic control device will be erected or constructed, nor shall the
establishment or modification of any speed zone, parking regulation or traffic
marking which will affect traffic on the highway be made without express
written permission of the State, and then only after proper traffic and
engineering study indicates that such markings, sign, signal or traffic control
device is required.
(e) Erecting any lighting on the highway without express written permission of the
State, and then only after proper traffic and engineering study indicates that
such lighting devices are required. The plans for such lighting installation shall
be approved by the State before erection.
(f) Not requiring the stopping of all traffic at all intersecting streets, alleys and
driveways before entering the highway. Where the City considers that such
traffic control creates a hazardous situation, it will request a traffic and
engineering study by the State. The State, after the study, may authorize
express written modifications in the traffic control devices as may be in the
public interest from a safety and convenience standpoint.
(g) Prohibiting parallel parking on the highway; and
(h) Allowing stopping, standing or parking of a vehicle in a place prohibited by
§61-8-354, MCA.
(2) The State, after a traffic and engineering investigation of any speed zone,
parking regulation or traffic control device, may require the City to modify or
remove such existing speed zone, parking regulation or traffic control device
upon the highway.
(3) The State will retain the authority and responsibility for issuing approach and
encroachment permits onto, upon or over right-of-way of the highway by anyone.
(4) The City has reviewed and approved the plans.
(5) The City will continue to enforce the ordinances, laws and/or regulations
necessary and essential for the operation of the improvements as planned.
(6) All signs required to enforce City ordinances shall be maintained by the City.
(7) The City is responsible for costs for any locally-required permits, including but not
limited to building permits, electrical permits, plumbing permits, excavation
permits, engineering permits, and/or encroachment permits.
(8) Sidewalk Maintenance and Shared Use Path (Highland Blvd. only)
(a) Upon completion of and in consideration for the project, and at no additional
cost to the State, the City agrees to assume full responsibility for and control
3
CN 9217000 BOZEMAN URBAN (UPP) Revised 4/25/17
of maintenance of the sidewalks bordering Durston Rd/Peach St (U-1204) in
the area of the project, except for the intersections at N 19th Ave (N-412), N
7th Ave (N-118) and N Rouse Ave (P-86). The City may, in its discretion,
enforce state laws and its local ordinances, if any, to recover all costs
associated with its sidewalk maintenance activities from persons or entities
who own property adjacent to the sidewalks and/or who receive the benefit of
the maintenance performed.
(i) For purposes of this agreement, "Maintenance" means: removal of and/or
surface repair of any obstacles or impediment to the safe and efficient use
of the sidewalk by pedestrians, including removal of snow and ice, repair
of chipped, fractured, or broken walk or curb from any cause including but
not limited to frost, landscaping (tree roots), or permitted encroachments.
(ii) The City has the authority and responsibility to issue encroachment
permits to private parties to allow for the placement or installation of
encroachments on the sidewalk within the right of way according to the
terms and conditions established by the City subject only to insuring that
any permit issued does not in any way interfere with the use of the vehicle
travel lanes nor with the safe and efficient use of the sidewalk by
pedestrians. As an integral part of the responsibility is the authority and
duty to remove any unpermitted encroachment.
(iii)The City may impose landscaping and/or sidewalk construction
responsibilities on property owners whose property abuts the state facility
provided that any new sidewalk construction completed under the City
authority on the highway right of way meets or exceeds the specifications
and standards of the State including compliance with any state or federal
handicapped access laws and regulations.
(iv)For purposes of this agreement, "Maintenance" does not mean repair or
replacement of any sidewalk segment six feet or more in continuous
length which cannot be repaired without complete removal and
replacement of the existing walk and subsurface base. Upon notice that a
segment of sidewalk must be replaced, the City will take whatever steps
necessary to complete the replacement within 120 days, (weather
permitting), subject only to the temporary fix referred to in: 8(b) below.
(v) In the event of a disagreement as to whether a sidewalk segment can be
repaired or must be replaced, the parties agree that the issue will be
resolved by agreement by the City Engineer or his designee and the
Department of Transportation Maintenance Administrator or his designee.
If necessary, the Director of the Department of Transportation and the City
Manager may be asked to resolve the issue.
(b) The parties agree that they have a joint and mutual interest to build and
maintain the sidewalks in a safe manner. To that end there is a joint
4
CN 9217000 BOZEMAN URBAN (UPP) Revised 4/25/17
responsibility to inspect the sidewalks on a periodic basis, at least annually to
discover any potential sections that require repair or replacement. Regardless
of who identifies an area of potential harm, they shall immediately notify the
other party to the agreement and shall jointly take whatever steps necessary
to warn the users of the walk until such time as repair or replacement can be
completed. In the event replacement is deemed necessary, temporary
repairs may be performed until such time as reconstruction can be
programmed and completed. In the event replacement or reconstruction is
required, the City shall use any eligible state or federal funding to perform the
work and upon completion notify the City after which the City once again is
responsible for future maintenance.
(c) City agrees that the maintenance responsibility is in effect until the sidewalks
are reconstructed or the roadway is removed from the Urban System, unless
otherwise agreed to by the parties.
(d) If, during its inspections, the City encounters a condition on the sidewalk that
it believes is caused by a design or construction defect or by the negligent act
or omission of a State agent or employee, the City will immediately notify the
State of the existence and location of the defect and provide the State with a
detailed explanation of the engineering basis for its belief that the condition is
caused by a design or construction defect or the negligent act or omission of
a State agent or employee.
(e) This section does not supersede, discharge, or extinguish any prior
agreement between the parties, nor will any future agreement between the
parties supersede, discharge, or extinguish this agreement, unless by specific
reference and in clear terms.
(9) Roadway Maintenance:
(a) Upon completion of and in consideration for the project, and at no additional
cost to the State, the City agrees to assume full responsibility for and control
of maintenance of the Durston/Peach ST within the City including the
roadway surface, pavement markings, and curb and gutter. Specifically, the
City will maintain or cause to be maintained the roadway surface of
Durston/Peach St from N 19th Ave to N Rouse Ave, except for the
intersections at N 19th Ave (N-412), N 7th Ave (N-118) and N Rouse Ave (P-
86). The City may, in its discretion, enforce state laws and its local
ordinances, if any, to recover all costs associated with its roadway
maintenance activities from persons or entities who own property adjacent to
the roadway and/or who receive the benefit of the maintenance performed.
(i) For purposes of this agreement, "Roadway Maintenance" means: removal
of and/or surface repair of any obstacles or impediment to the safe and
efficient use of the roadway by the traveling public, including removal of
snow and ice per the City standard, repair of chipped, fractured, or broken
5
CN 9217000 BOZEMAN URBAN (UPP) Revised 4/25/17
curb from any cause including but not limited to frost, landscaping (tree
roots), or permitted encroachments.
(ii) The City has the authority and responsibility to issue encroachment
permits to private parties to allow for the placement or installation of
encroachments on the roadway within the right of way according to the
terms and conditions established by the City subject only to insuring that
any permit issued does not in any way interfere with the use of the vehicle
travel lanes nor with the safe and efficient use of the sidewalk by
pedestrians. As an integral part of the responsibility is the authority and
duty to remove any unpermitted encroachment.
(iii)The City may establish parking rules and regulations, including installation
of metered parking.
(iv)For purposes of this agreement, "Roadway Maintenance" does not mean
repair or replacement of any roadway segment 100 feet or more in
continuous length which cannot be repaired without complete removal and
replacement of the existing roadway and subsurface base. Upon notice
that a segment of roadway must be replaced, the City will take whatever
steps necessary to complete the replacement within 120 days, (weather
permitting), subject only to the temporary fix referred to in: 9(b) below.
(v) In the event of a disagreement as to whether a roadway segment can be
repaired or must be replaced, the parties agree that the issue will be
resolved by agreement by the Chief Executive or his designee and the
Department of Transportation Maintenance Administrator or his designee.
If necessary, the Director of the Department of Transportation and the
Chief Executive may be asked to resolve the issue.
(b) The parties agree that they have a joint and mutual interest to build and
maintain the roadway in a safe manner. To that end there is a joint
responsibility to inspect the roadway on a periodic basis, at least annually to
discover any potential sections that require repair or replacement. Regardless
of who identifies an area of potential harm, they shall immediately notify the
other party to the agreement and shall jointly take whatever steps necessary
to warn the users of the roadway until such time as repair or replacement can
be completed. In the event replacement is deemed necessary, temporary
repairs may be performed until such time as reconstruction can be
programmed and completed. In the event replacement or reconstruction is
required, the City shall use any eligible state, federal, local, or private funding
to perform the work and upon completion City once again is responsible for
future roadway maintenance.
(c) City agrees that the maintenance responsibility is in effect until the roadway
are reconstructed, unless otherwise agreed to by the parties.
6
CN 9217000 BOZEMAN URBAN (UPP) Revised 4/25/17
(d) If, during its inspections, the City encounters a condition on the roadway that
it believes is caused by a design or construction defect or by the negligent act
or omission of a State agent or employee, the City will immediately notify the
State of the existence and location of the defect and provide the State with a
detailed explanation of the engineering basis for its belief that the condition is
caused by a design or construction defect or the negligent act or omission of
a State agent or employee.
(e) This section does not supersede, discharge, or extinguish any prior
agreement between the parties, nor will any future agreement between the
parties supersede, discharge, or extinguish this agreement, unless by specific
reference and in clear terms.
(C)Storm Water Management (Kagy Blvd./Bozeman Trail Rd. only)
(1) Construction Storm Water General Permit:
(a) Upon completion of all physical work associated with construction activity,
the parties will inspect the temporary erosion and sediment control
measures and devices as part of the Department's final inspection with
the Department's contractor. The Department will provide the City with
the Storm Water Pollution Prevention Plan (SWPPP) package for City
review. Within ten (10) days of receiving the package, the City will provide
the Department with an itemized list of any outstanding records or
deficiencies associated with the SWPPP. Upon the Department's and
City's approval of site conditions and contractor records, the Department
will provide the City a Permit Transfer Notification (PTN) form. The City
will return the signed PTN form to the Department within ten (10) business
days. The Department will forward the completed PTN form and transfer
fees to the Montana Department of Environmental Quality (DEQ).
(b) Once DEQ transfers the Construction Storm Water General Permit
Authorization, the City will inspect, maintain, and revise the Best
Management Practice devices (BMPs) in accordance with DEQ permit
requirements until final stabilization is met and permit coverage is
terminated.
(c) The Department agrees to pay annual fees associated with permit
coverage until termination. To assure payment, the City must forward
invoices to the Department's Environmental Services Bureau for payment.
(2) Small Municipal Separate Storm Sewer System (MS4) Permit:
(a) The Department concludes, and City agrees that the project work is
designed in compliance with applicable Small MS4 Permit requirements.
(b) The City agrees to operate, monitor and maintain storm water
management features in compliance with applicable MS4 requirements.
7
CN 9217000 BOZEMAN URBAN (UPP) Revised 4/25/17
(D)The City will continue adequate engineering capabilities to ensure that a
continuing traffic engineering function is carried out on the project.
(E)Term — This Agreement shall continue until all parties agree to supersede this
Agreement within another Agreement.
III. GENERAL TERMS AND CONDITIONS
(A) Hold Harmless & Indemnification - The City shall protect, defend, indemnify, and
hold MDT, its elected and appointed officials, agents, and employees, while
acting within their duties as such, harmless from and against all claims, liabilities,
demands, causes of action, and judgements (include the cost of defense and
reasonable attorney fees) arising in favor of or asserted by the City's employees
or third parties on account of damage to property, bodily or personal injury, or
death arising out of any services performed, act or omission that in any way
results from the acts or omissions of the City, or their agents, or subcontractors,
under this Agreement, except the negligence of MDT under this Agreement.
MDT shall protect, defend, indemnify, and hold the City, its elected and
appointed officials, agents, and employees, while acting within their duties as
such, harmless from and against all claims, liabilities, demands, causes of action,
and judgements (include the cost of defense and reasonable attorney fees)
arising in favor of or asserted by the MDT's employees or third parties on
account of damage to property, bodily or personal injury, or death arising out of
any services performed, act or omission that in any way results from the acts or
omissions of the MDT, or their agents, or subcontractors, under this Agreement,
except the negligence of the City under this Agreement.
(B) Insurance -The City is a member of the Montana Municipal Interlocal Authority's
(MMIA) Liability Program. The City will maintain for the duration of the Agreement
at its own cost and expense liability coverage against claims for injuries to
persons or damages to property which may arise from or in connection with any
act or omission by the City and its agents, employees, representative, assigns or
subcontractors during construction of the Project improvements. Except as may
be excluded from coverage under the applicable MMIA Memorandum of Liability
Coverage, this coverage shall cover such claims as may be caused by any
intentional or negligent act or omission. Coverage amounts shall be no less than
$750,000 per claim and $1,500,000 per occurrence. The City must provide MDT
proof of its MMIA coverage before beginning any activities under this Agreement.
The City must notify the State immediately of any change in liability coverage
during the term of this Agreement.
(C)Workers' Compensation Insurance - The City provides its employees workers
compensation coverage through the MMIA. The City must maintain workers'
compensation insurance and require its contractor and its contractor's
8
CN 9217000 BOZEMAN URBAN (UPP) Revised 4/25/17
subcontractors to carry their own workers compensation coverage while
performing work within MDT right-of-way in accordance with §39-71-401/405,
Montana Code annotated. Neither the contractor nor its employees are
employees of MDT. This insurance/exemption must be valid for the entire
Agreement period.
(D)Public Safety - It is agreed, if any repairs to the Project or future City construction
projects must be done to prevent a public hazard, the City will immediately
protect the area from public access, contact MDT Butte Area Maintenance, and
take corrective action to repair the hazard.
(E) Invoicing and Indirect Cost (IDC) - If MDT incurs any costs as a result of a public
emergency, or as a result of the City not meeting the requirements in this
Agreement which necessitates action on MDT's part concerning the maintenance
or repair of the City's Project, or future City construction projects, MDT shall be
entitled to be compensated for such costs by the City and the City shall pay the
same within thirty (30) days of its receipt of such invoices.
Section 17-1-106, MCA, requires any state agency, including MDT, which
receives non-general funds to identify and recover its indirect costs (IDC). These
costs are in addition to direct project costs. MDT's IDC rate is determined
annually as a percentage of the project's direct costs to cover the project's share
of MDT's IDC as defined by 2 CFR Part 200, Appendix VII. MDT's current IDC
rate is 10.96% for fiscal year 2016 (July 1, 2017 to June 30, 2018). If the work
occurs or extends into fiscal year 2018 or beyond the IDC rate will be charged at
the rate agreed to by MDT and the Federal Highway Administration (FHWA).
i. Invoice will be sent to:
City of Bozeman
Attention: Craig Woolard
PO Box 1230
Bozeman, MT 59771-1230
ii. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
(F) Choice of Law and Venue - This Agreement shall be governed by the laws of
Montana. The parties agree that any litigation concerning this Agreement must
be brought in the First Judicial District Court, in and for the County of Lewis and
Clark, State of Montana, and each party shall pay its own costs and attorney
fees. In case of conflict between the terms and conditions of this Agreement and
the laws of the State of Montana, the laws of the State of Montana shall control.
9
CN 9217000 BOZEMAN URBAN (UPP) Revised 4/25/17
IV. The CITY, for itself, its assignees and successors in interest, agrees to comply
with the provisions of Exhibit A, "MDT Nondiscrimination and Disability
Accommodation Notice," which is attached hereto and incorporated by reference.
The CITY is referred to as the "PARTY" in said Exhibit, and the City's duties and
responsibilities are those duties and responsibilities of the "PARTY."
Additionally, MDT requires that any construction resulting from this Agreement must
include appropriate pedestrian facilities that meet or exceed current MDT standards
for accessibility as set forth by the United States Department of Justice 2010 ADA
Standards for Accessibility Design, United States Access Board Proposed
Guidelines for Pedestrian Facilities in the Public Right-of-Way (2011 PROWAG), and
MDT's detailed drawings, 608 series.
THE PARTIES UNDERSTAND AND AGREE THAT THE FAILURE OF EITHER
PARTY TO PERFORM THE DUTIES AND RESPONSIBILITIES SET FORTH IN THIS
AGREEMENT MAY BE DEEMED A MATERIAL BREACH OF THE CONTRACT FOR
WHICH ANY AVAILABLE REMEDY PROVIDED BY LAW MAY BE ASSERTED IN
THE DISTRICT COURT. IN ANY LEGAL PROCEEDING TO ENFORCE ANY
PROVISION OF THIS AGREEMENT OR FOR BREACH OF THIS AGREEMENT, THE
PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND
ATTORNEY'S FEES.
IN WITNESS WHEREOF, the State's authorized representative has signed on behalf of
the State of Montana, and the City Manager of the City of Bozeman, on behalf of the
City, has signed and affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
By - , 2018
Administrator - Engineering Division
By
Ap roved for Legal Content
By ll5
Approved Civil Rights
ATTEST: CITY OF BOZEMAN
10
CN 9217000 ,�B # N (UPP) Revised 4/25/17
It
By By
Robin Crough, City rk'�. ♦ \s • .• do Andrea Surratt, City Manger
LLATIN Co.
APPR VED AvTTO FORM:
By
Greg Sullivan, City Attorney
I, Robin Crough City Clerk of the City of Bozeman, hereby certify that this
agreement was regularly adopted by the City of Bozeman at a meeting held on the
day of nLa t& , 2018; and that the City of Bozeman authorized
the City Manager to sign this agreement on behalf of the City of Bozeman.
0` $p2
Robin Crough Cit C tk
ALL`• . . . •�4 -
TIN co:
rc .o vo••
11
CN 9217000 BOZEMAN URBAN (UPP) Revised 01/2018
MDT NONDISCRIMINATION
AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation ("MDT") is committed to conducting all of its business in
an environment free from discrimination, harassment, and retaliation. In accordance with State
and Federal law MDT prohibits any and all discrimination and protections are all inclusive
(hereafter"protected classes") by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race,color, national origin, Race,color, national origin, parental/marital status,
sex,sexual orientation,gender identity, pregnancy,childbirth, or medical conditions
age,disability, &Limited English Proficiency related to pregnancy or childbirth, religion/
creed,social origin or condition,genetic
information,sex,sexual orientation,gender
identification or expression, national origin,
ancestry,age,disability mental or physical, political
or religious affiliations or ideas, military service or
veteran status
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply
with all Acts and Regulations of the United States and the State of Montana relative to
Non-Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time,
which are herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes
in the selection and retention of subcontractors, including procurements of
materials and leases of equipment, employment, and all other activities being
performed under this contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. Statement that PARTY does not discriminate on the grounds of any
protected classes.
ii. Statement that PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability,
upon request, pursuant to the Americans with Disabilities Act as
Amended (ADA).
12
CN 9217000 BOZEMAN URBAN (UPP) Revised 01/2018
iii. Contact information for PARTY's representative tasked with handling non-
discrimination complaints and providing reasonable accommodations
under the ADA.
iv. Information on how to request information in alternative accessible
formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision,
in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on
the basis of merit and qualifications and that PARTY does not discriminate on the
grounds of any protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this
contract/agreement, the PARTY will make all reasonable efforts to utilize DBE
firms certified by MDT for its subcontracting services. The list of all currently
certified DBE firms is located on the MDT website at
mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements
of 49 CFR part 26 in the award and administration of DOT-assisted
contracts. Failure by the contractor to carry out these requirements is
a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems
appropriate.
c. PARTY must include the above assurance in each contract/agreement the
PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment:
In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for
work to be performed under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be notified by the PARTY of
the PARTY's obligation under this contract/agreement and all Acts and Regulations of the
United States and the State of Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required
by the Acts, Regulations, and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information and its facilities as may be
determined by MDT or relevant US DOT Administration to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the PARTY will so certify to MDT or relevant US DOT
Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
13
CN 9217000 BOZEMAN URBAN (UPP) Revised 01/2018
(6) Sanctions for Noncompliance: In the event of a PARTY's noncompliance with the Non-
discrimination provisions of this contract/agreement, MDT will impose such sanctions as it
or the relevant US DOT Administration may determine to be appropriate, including, but
not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the
PARTY complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in
part.
(7) Pertinent Non-Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and
successor in interest, agrees to comply with the following non-discrimination statues and
authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on
the basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope,
coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients, and contractors,
whether such programs or activities are Federally funded or not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
14
CN 9217000 BOZEMAN URBAN (UPP) Revised 01/2018
12131-12189) as implemented by Department of Transportation regulations at 49 CFR
parts 37 and 38;
- The Federal Aviation Administration's Non-Discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et
seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the
basis of gender identity and in hiring by federal contractors on the basis of both sexual
orientation and gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one
through seven in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant
thereto. The PARTY will take action with respect to any subcontract or procurement as
MDT or the relevant US DOT Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the PARTY becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the PARTY may request MDT to enter into any litigation to protect the interests
of MDT. In addition, the PARTY may request the United States to enter into the litigation
to protect the interests of the United States.
15