HomeMy WebLinkAbout05-13-19 City Commission Packet Materials - C2. Mod 1 to Agreement with MDT for North 7th Ave Sidewalks
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Shawn Kohtz, City Engineer
SUBJECT: Authorize the Mayor to sign Modification #1 to the Project Funding and Maintenance Agreement with the Montana Department of Transportation
(MDT) for the Transportation Alternatives Program Project involving
installation of sidewalks along N. 7th Avenue between Midwest Welding,
north of Griffin, to Nikles/Wheat Drive. MEETING DATE: May 13, 2019
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the Mayor to sign Modification #1 to the Project Funding and Maintenance Agreement with the Montana Department of Transportation (MDT) for the Transportation Alternatives Program Project
involving installation of sidewalks along N. 7th Avenue between Midwest
Welding, north of Griffin, to Nikles/Wheat Drive.
BACKGROUND: The City entered into an agreement with the Montana Department of Transportation in 2018 for the purpose of installing ADA compliant
sidewalks on North 7th, north of the I-90 bridge. This modification
combines the sidewalk installation project with the 7th and Griffin
intersection improvements project currently under design by Montana Department of Transportation.
FISCAL EFFECTS: N/A
ALTERNATIVES: As suggested by the City Commission.
Attachments: Project Funding and Maintenance Agreement Modification #1
June 2018 Agreement
Report compiled on: 4/29/19
7
N 7TH AVE & GRIFFIN DRIVE-BOZCONTROL NO. 9312PROJECT FUNDING AND MAINTENANCE AGREEMENT MODIFICATION #1The City of Bozeman (City) and the State of Montana through its Department of Transportation(State) entered into the attached Project Funding and Maintenance Agreement on June 17,2018 to develop and construct ADA compliant sidewalks in Bozeman along the east side ofNorth 7th Avenue from the entrance to Midwest Welding and Machine (mid-block north ofGriffin Drive) southward to just beyond Nickles Drive, and along the west side of North 7thAvenue between Mandeville Drive and Wheat Drive. This TA-funded project will beincorporated into UPN 9312 N 7th Ave & Griffin Drive-Boz (CMDP-TA 118-1(2)1 & CMDP-TA 118-1(3)1), a project managed by the State.The State is requesting to limit the City's financial contribution toward the TA-funded portion ofthe project's Preliminary Engineering (PE) and Construction Engineering (CE) phases. TheConstruction (CN) portion will continue to be based on actual project costs as described belowand in the original agreement. This change necessitates an amendment to the 2018 ProjectFunding and Maintenance Agreement. Accordingly, the parties agree to modify thatAgreement as set forth below.After NOW, THEREFORE,... will be modified to read:8. The Parties understand that it is possible that the estimated cost of the Project may beexceeded once the Project has begun. For the PE and CE phases, the City agrees to pay theamounts as shown under City Funds in Table 1.For the construction (CN) phase, the State agrees to award the Project using TA funds providedthe lowest responsive bid does not exceed the allowable overrun percentage listed in Table 2.The City agrees to pay the requisite 13.42% local matching share and associated indirect costsup to the allowable overrun percentage. The State will contact the City if the lowest responsivebid exceeds the allowable overrun percentage listed in Table 2 to determine a funding solutionagreeable to both Parties. If both Parties agree to recommend awarding the contract, MDT willfund the overrun using TA funds and the City agrees to pay the additional 13.42% localmatching funds and the associated indirect costs for the overruns for the CN phase.If both Parties don't agree to fund the overrun, the State will recommend the Commission notaward the Project. The State will work with the City to identify scope changes to bring theProject into a fundable level and re-advertise for letting. If scope changes cannot be agreed toby both Parties, then the Project may either be re-advertised and both Parties agree to fullyfund it in accordance with this agreement or the Project may be withdrawn and the City agreesto reimburse the State for all TA funds expended to date.The State's Project Manager will inform the City's point of contact beforehand, and as early aspossible, of anything that appears will result in a cost increase, and will discuss the need for any8
N 7TH AVE & GRIFFIN DRIVE-BOZCONTROL NO. 9312possible additional costs, alternative designs, or a reduction in the Project's scope with the Cityand will consider the City's comments and concerns for that additional cost or alteration inscope or design. None of this will prevent, delay, or excuse the City from paying for anyadditional costs deemed necessary by the State.TABLE 1 will be modified to read:TABLE 1TRANSPORTATION ALTERNATIVESS PROJECT COST ESTIMATEUPN 9312 N 7TH AVE & GRIFFIN DRIVE-BOZJanuary 2019Project PhasesTotal ProjectCostTA Funds86.58%City Funds13.42%Preliminary Engineering(PE)$39,750$34,416$5,334Construction Engineering(CE)$26,501$22,945$3,556Construction (CN)$132,501$114,719$17,782Total | $198,752 | $172,080 | $26,672Estimate includes 10.96% IDC. PE and CE amounts are capped. CN amounts are subject to change per theJune 2018 Agreement.All other terms of the original agreement will remain in full force.9
N 7TH AVE & GRIFFIN DRIVE-BOZCONTROL NO. 9312IN WITNESS WHEREOF, the Department's authorized representative has signed on behalf of theState of Montana, and the Mayor of the City of Bozeman has signed and affixed hereto the sealof the City.STATE OF MONTANA, DEPARTMENT OF TRANSPORTATIONBYMT Department of TransportationAPPROVED FOR LEGAL CONTENT, 2019Qa/^ MAM^f^A^^ l/!/. /1 9MDT Legal CounselAPPROVED FOR CIVIL RIGHTSua^LcL- l-l(p-/£fCITY OF BOZEMANMayorBY1, _, Bozeman City Clerk, hereby certify that this agreementwas regularly adopted by the City Council at a meeting held on the _ day of, 20_, and that the Council authorized the Mayor to sign this agreementon behalf of the City.[OFFICIAL SEAL]10
N 7TH AVE SIDEWALKS-BOZEMANUPN 9446MONTANA TRANSPORTATION ALTERNATIVES PROGRAMPROJECT FUNDING AND MAINTENANCE AGREEMENTTHIS AGREEMENT is made and entered into by and between the State of Montana, acting by andthrough its Department of Transportation, P.O. Box 201001, Helena MT 59620-1001, hereinafter called"MDT" or the "State", and the City of Bozeman, hereinafter called the "City" together referred to as"the Parties".WHEREAS, the City was successful in obtaining Montana Transportation Alternative (TA) funds todevelop and construct ADA compliant sidewalks in Bozeman through TA project, UPN 9446000, titledN 7TH AVE SIDEWALKS-BOZEMAN (hereinafter the "Project"); and,WHEREAS, the estimated cost of the Project's development as noted in Table 1 of this agreement willbe financed by the State using TA funds and matching funds provided by the City; and,NOW, THEREFORE, in consideration of the covenants herein contained, the parties agree that:1. The State will design, advertise for bid and let and award the Project to construct ADA compliantsidewalks. The Project shall be located in Bozeman along the east side of North 7th Avenue from theentrance to Midwest Welding and Machine (mid-block north of Griffin Drive) southward to just beyondNickles Drive, and along the west side of North 7th Avenue between Mandeville Drive and Wheat Drive.This TA-funded project will be incorporated into UPN 9312 N 7th Ave & Griffin Drive-Boz (CMDP 118-1(2)1 & CMDP 118-1(3)1), an existing project managed by the State.2. The City contact for Project related questions shall be:CraigWoolardBozeman Public Works Director20 E. Olive StreetBozeman, MT 59771406-582-2315CWoolard@BOZEMAN.NET3. The State Contact for Project related questions shall be:Dave HolienMontana Department of Transportation2701 Prospect AvenuePO Box 201001Helena, MT 59620-1001406-444-6118dholien@mt.gov111
N 7TH AVE SIDEWALKS-BOZEMANUPN 94464. Section 17-1-106. MCA requires any state agency, including MDT that receives non-general funds toidentify and recover its indirect costs. These costs are in addition to direct Project costs. MDT's indirectcost rate is determined annually as a percentage of the Project's direct costs to cover the Project's shareof MDT's indirect costs as defined by 2 CFR Part 200, Appendix VII. MDT's current indirect cost rate is10.96% for fiscal year 2018 (July 1, 2017 to June 30, 2018).For the Project, MDT billings to the City will include a charge for the indirect costs at the current fiscalyear indirect cost rate, which amount will be applied toward the total Project contribution of the City. Ifthis Project extends across more than one fiscal year, more than one annual rate will be involved, as therates may change during the life of the Project.5. The City will be billed in advance for its local matching funds and associated indirect costs. Separatebillings will be made for the Project's preliminary engineering phase and the subsequentconstruction/construction engineering (CN/CE) phases. The billing for the PE phase will be sent within30 days of this Agreement being signed. The billing for the CN/CE phases will be sent no more thansixty (60) days prior to the Project bid opening. The billing amount for CN/CE will be updated with themost current cost estimates at time of billing.6. If, after initial payment is made for the CN/CE phases, bid opening or contract award by the State isdelayed or postponed by 30 days or more, or canceled for any reason, the State agrees to refund theCity's initial payment within 30 days upon the City's request.7. The City will submit payment to the State within thirty (30) days of billing. Payments to this Projectwill be provided to the State in the form of a check to be credited to the Project. The payment(s)should be sent to MDT's Administration Division at:Montana Department of TransportationAttention: Collections2701 Prospect AvenueP.O. Box 201001Helena, MT 59620-10018. The Parties understand that it is possible that the estimated cost of the Project may be exceededonce the Project has begun. For the PE and CE phases, the State agrees to cover cost overruns using TAfunds provided the City agrees to pay the 13.42% local matching share and associated indirect costs forthe overruns. For the CN phase, the State agrees to award the Project using TA funds provided thelowest responsive bid does not exceed the allowable overrun percentage listed in Table 2. The Cityagrees to pay the requisite 13.42% local matching share and associated indirect costs up to theallowable overrun percentage. The State will contact the City if the lowest responsive bid exceeds theallowable overrun percentage listed in Table 2 to determine a funding solution agreeable to bothParties. If both Parties agree to recommend awarding the contract, MDT will fund the overrun usingTA funds and the City agrees to pay the additional 13.42% local matching funds and the associatedindirect costs for the overruns.212
N 7™ AVE SIDEWALKS-BOZEMANUPN 9446If both Parties don't agree to fund the overrun, the State will recommend the Commission not awardthe Project. The State will work with the City to identify scope changes to bring the Project into afundable level and re-advertised for letting. If scope changes cannot be agreed to by both Parties, thenthe Project may either be re-advertised and both Parties agree to fully fund it in accordance with thisagreement or the Project may be withdrawn and the City agrees to reimburse the State for all TA fundsexpended to date.The State's Project Manager will inform the City's point of contact beforehand, and as early as possible,of anything that appears will result in a cost increase, and will discuss the need for any possibleadditional costs, alternative designs, or a reduction in the Project's scope with the City and willconsider the City's comments and concerns for that additional cost or alteration in scope or design.None of this will prevent, delay, or excuse the City from paying for any additional costs deemednecessary by State.9. If payment is not made within that thirty (30) day period, interest on the unpaid amount will accrueat the rate of 10% per year, and continue to accrue until paid in full. If the City is billed for additionalfunds, MDT will not participate in any future funding agreement with the City until full payment,including interest, is received from the City.10. Upon completion of the Project by the State and its contractor, the City, at its sole expense, agreesthat it will service, maintain, repair and pay the cost of operating the Project described in thisagreement. The City agrees that it is responsible to service, maintain, repair and operate the Project toensure that it does not negatively impact the operation of the sidewalk or the safety of the travelingpublic. In the event that all or part of the Project becomes unsafe for use, the City agrees to restrictaccess to the affected area until the condition has been repaired.If the City fails to service, maintain, repair and pay the cost of operating this Project as described in thisagreement, the State, in its sole discretion, may service, maintain, repair and operate the Project andbill the City for such service, maintenance and operation, and the City agrees to pay the State its costs.Service, maintenance, repair and operation costs are subject to indirect cost recovery as per Section17-1-106. MCA.For the purposes of this agreement, "maintenance of a sidewalk" is defined as: grinding or millingdown sidewalk displacements; surface patching; crack sealing; sweeping; cleaning; washing; replacingsmall portions of damaged sidewalk; removal of snow and ice; repair of chipped, fractured, or brokensurface from any cause including but not limited to frost heaving, landscaping, tree roots, or permittedencroachments; removal of debris and other obstructions or impediments to safe pedestrian travel;and any and all other normally accepted maintenance practices.11. Storm Water Management - If the project is anticipated to disturb one acre or more, then thefollowing applies.(1) Construction Storm Water General Permit.313
N 7TH AVE SIDEWALKS-BOZEMANUPN 9446(a) Upon completion of all physical work associated with construction activity, theparties will inspect the temporary erosion and sediment control measures and devicesas part of the Department's final inspection with the Department's contractor. TheDepartment will provide the City with the Storm Water Pollution Prevention Plan(SWPPP) package for the City's review. Within ten (10) days of receiving the package,the City will provide the Department with an itemized list of any outstanding records ordeficiencies associated with the SWPPP. Upon the Department's and City's approval ofsite conditions and contractor records, the Department will provide the City a PermitTransfer Notification (PTN) form. The City will return the signed PTN form to theDepartment within ten (10) business days. The Department will forward the completedPTN form and transfer fees to the Montana Department of Environmental Q.uality(DEQ).(b) Once DEQ. transfers the Construction Storm Water General Permit Authorization, theCity will inspect, maintain, and revise the Best Management Practice devices (BMPs) inaccordance with DEQ. permit requirements until final stabilization is met and permitcoverage is terminated.(c) The City agrees to pay annual fees associated with permit coverage until termination.(2) Small Municipal Separate Storm Sewer System (MS4) Permit.(a) The Department concludes and City agrees that the project work is designed incompliance with applicable Small MS4 Permit requirements.'1(b) The City agrees to operate, monitor and maintain storm water managementfeatures in compliance with applicable MS4 requirements.12. The City agrees that it will defend, protect, indemnify, and hold the State, its elected andappointed officials, agents, and employees, while acting within their duties as such, harmless from andagainst all claims, liabilities, demands, causes of action, and Judgements (include the cost of defenseand reasonable attorney fees) arising in favor of or asserted by the City's employees or third parties onaccount of damage to property, bodily or personal injury, or death arising out of any servicesperformed, act or omission that in any way results from the acts or omissions of the City, or theiragents, or subcontractors, under this Agreement, except the negligence of the State under thisAgreement.The State agrees that it will protect, defend, indemnify, and hold the City, its elected and appointedofficials, agents, and employees, while acting within their duties as such, harmless from and against allclaims, liabilities, demands, causes of action, and judgements (include the cost of defense andreasonable attorney fees) arising in favor of or asserted by the State's employees or third parties onaccount of damage to property, bodily or personal injury, or death arising out of any servicesperformed, act or omission that in anyway results from the acts or omissions of the State, or theiragents, or subcontractors, under this Agreement, except the negligence of the City under thisAgreement.414
N 7TH AVE SIDEWALKS-BOZEMANUPN 944613. The City grants to the Legislative Auditor and the Legislative Fiscal Analysts the right, without priornotice and during normal business hours, to audit, at their own costs and expense, all records, reports,and other documents, the City maintains in connection with this Agreement.14. Choice of Law and Venue - In the event of litigation concerning this Agreement, venue will only bein District Court of the First Judicial District of the State of Montana in and for the County of Lewis andClark. ThjsAgreement will be interpreted according to Montana law.15. Insurance -The City is a member of the Montana Municipal Interlocal Authority's (MMIA) LiabilityProgram. 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 excludedfrom coverage under the applicable MMIA Memorandum of Liability Coverage, this coverage shallcover such claims as may be caused by any intentional or negligent act or omission. Coverage amountsshall be no less than $750,000 per claim and $1,500,000 per occurrence. The City must provide MDTproof of its MMIA coverage before beginning any activities under this Agreement. The City must notifythe State immediately of any change in liability coverage during the term of this Agreement.16. Agreement Modification - Any change to this Agreement will only be by written agreementbetween the Parties.17. Severability and Integration - If any single part or parts of this Agreement are determined to bevoid, the remaining parts will remain valid and operative. This Agreement, as written, expresses thetotal, final and only agreement of the parties relevant to its subject matter. No provision, expressed orimplied, arising from any prior oral or written request, bid, inquiry, negotiation, contract, or any otherform of communications shall be a provision of this Agreement unless specifically provided within thewritten terms herein.18. Termination - The Parties may mutually terminate this Agreement in writing at any time prior tothe award of the construction contract. MDT, at its sole discretion, may terminate or reduce the scopeof this Agreement if available funding is reduced for any reason. Should the City decide to terminatethe Project, the City will be responsible for the reimbursement of the TA funds expended to date. MDTmay terminate this Agreement in whole or in part at anytime if the City fails to perform theAgreement as set forth. If MDT terminates this Agreement due to the City's failure to perform, the Citywill be responsible for the reimbursement of the TA funds expended to date.19. Compliance with Laws - The City shall, at all times during the performance of its obligations of thisContract strictly adhere to all applicable local, state and federal laws and regulations, including but notlimited to: Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1972, theEducation Amendments of 1972, the Age Discrimination Act of 1975, the Americans With Disabilities Act;including Title II, Subtitle A, 24 D.S.C. Sec. 12101, et seq., all rules and regulations applicable to these515
N 7TH AVE SIDEWALKS-BOZEMANUPN 9446laws prohibiting discrimination based upon actual or perceived race, color, national origin, ancestry,religion, creed, sex, age, marital or familial status, physical or mental disability, sexual orientation,gender identity or expression and handicap and with Exhibit A, attached hereto and incorporated byreference.Non-Discrimination-The City will require that during the performance of any work arising out ofthis Agreement the City, for itself, assignees, and successors shall comply with all applicable non-discrimination regulations, as set forth in Exhibit A attached hereto and made part of thisAgreement.Additionally, MDT requires that any construction resulting from this Agreement must includeappropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as setforth by the United States Department of Justice 2010 ADA Standards for Accessible Design, UnitedStates Access Board Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way (2011PROWAG), and MDT's detailed drawings, 608 series.616
N 7TH AVE SIDEWALKS-BOZEMANUPN 9446TABLE 1TRANSPORTATION ALTERNATIVESS PROJECT COST ESTIMATEUPN 9446 N 7™ AVE SIDEWALKS-BOZEMANMARCH 2018Project PhasesTotal ProjectCostTA Funds 86.58%City Funds 13.42%Other FundsPreliminary Engineering_(PE)$ 35,824$31,016$ 4,808$-0-Utility Relocations (1C)$-0-$-0-$-0-$-0-Right-of-Way (ROW)$-0-$-0-$-0-$-0-Construction (CN)$ 119,413$ 103,388$ 16,025$-0-ConstructionEngineering (CE)$ 23,883$ 20,678$ 3,205$-0-Other (OT)l-o-$-0-$-0-_$^Subtotal$ 179,120$ 155,082$ 24,038$-0-I DC$ 19,632$16,997$2,635$-0-Grand Total$ 198,752$ 172,079$ 26,673$-0-The above costs are estimates. Additional project costs will be covered in the same manner as above. The IDCrate for FY 2018 (July 1, 2016 - June 30, 2018) is 10.96%.TABLE 2MDT GUIDELINES FOR AWARDING CONSTRUCTION CONTRACTS(Used to determine allowable overrun cost participation based on construction bid award amount)LOWEST RESPONSIVE BIDALLOWABLE OVERRUN %UNDER $50,00030%$50,000 - $200,00025%$200,000 - $500,00020%$500,000 - $2,000,00015%OVER $2,000,00010%717
N 7™ AVE SIDEWALKS-BOZEMANUPN 9446IN WITNESS WHEREOF, the Department's authorized representative has signedon behalf of the Stateof Montana, and the Mayor of the City ofBozeman has signed and affixed hereto the seal of the City.STATE OF MONTANA, DEPARTMENT OF TRANSPORTATIONBYz.MT Dept. of TransportationAPPROVED FOR LEGAL CONTENT^/7<^b/6_,2W?^.^7MDT Legal CounselA&PROVED FOR CIVIL RIGHTSCr^ ^huju^JUA^ Q^B'liCITY OF BOZEMANMAYORBy^:i/^e\,\ P4^V\ C^Ut^\ _, Bozeman City Clerk, hereby certify that this agreement wasre^ilarly adopj.etf fey the City Council at a meeting held on the 4 dayof ^on behalf of the City., 20 1^ , and that the Council authorized the Mayor to sign this agreement_^^c->^.,,,,^^B0^.-^<'*""*%\[Offici^&K^ .^^•*^-''w^'^hS^ ^;*; ,:i/s^?L :2i:^o'.-^^fe:^^^s^/'•^co.'^^818
N 7TH AVE SIDEWALKS-BOZEMANUPN 9446EXHIBIT AMDT NONDISCRIMINATIONANDDISABILITY ACCOMMODATION NOTICEMontana Department of Transportation ("MDT") is committed to conducting all of its business in anenvironment free from discrimination, harassment, and retaliation. In accordance with State andFederal 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 classesRace, color, national origin,sex, sexual orientation, gender identity,age, disability, & Limited English ProficiencyState protected classesRace, color, national origin, parental/marital status,pregnancy, childbirth, or medical conditionsrelated to pregnancy or childbirth, religion/creed, social origin or condition, geneticinformation, sex, sexual orientation, genderidentification or expression, national origin,ancestry, age, disability mental or physical,political or religious affiliations or ideas, militaryservice or veteran statusFor the duration of this contract/agreement, the PARTY agrees as follows:(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with allActs 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 ofTransportation and the State of Montana, as they may be amended from time to time, which areherein incorporated by reference and made a part of this contract.(2) Non-discrimination:a. The PARTY, regarding 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 andretention of subcontractors, including procurements of materials and leases ofequipment, employment, and all other activities being performed under thiscontract/agreement.b. PARTY will provide notice to its employees and the members of the public that it servesthat will include the following:i. Statement that PARTY does not discriminate on the grounds of any protectedclasses.ii. Statement that PARTY will provide employees and members of the public that itserves with reasonable accommodations for any known disability, upon request,pursuant to the Americans with Disabilities Act as Amended (ADA).919
N 7TH AVE SIDEWALKS-BOZEMANUP N9446iii. Contact information for PARTY'S representative tasked with handling non-discrimination complaints and providing reasonable accommodations under theADA.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 ofits hiring/subcontracting notices, that all hiring/subcontracting will be on the basis ofmerit and qualifications and that PARTY does not discriminate on the grounds of anyprotected class.(3) Participation by Disadvantaged Business Enterprises (DBEs):a. If the PARTY receives federal financial assistance as part of this contract/agreement, thePARTY will make all reasonable efforts to utilize DBE firms certified by MDT for itssubcontracting services. The list of all currently certified DBE firms is located on theMDT website at mdt.mt.gov/business/contracting/civil/dbe.shtmlb. By signing this agreement the PARTY assures that:The contractor, sub recipient or subcontractor shall not discriminate on the£>as/s 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 theaward and administration of DOT-assisted contracts. Failure by the contractorto carry out these requirements is a material breach of this contract, which mayresult in the termination of this contract or such other remedy as the recipientdeems appropriate.c. PARTY must include the above assurance in each contracfagreement the PARTYenters.(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In allsolicitations, either by competitive bidding, or negotiation, made by the PARTY for work to beperformed 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 obligationunder this contract/agreement and all Acts and Regulations of the United States and the State ofMontana related to Non-Discrimination.(5) Information and Reports: The PARTY will provide all information and reports required by theActs, 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 MDTor 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 exclusivepossession of another who fails or refuses to furnish the information, the PARTY will so certify toMDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it hasmade to obtain the information.(6) Sanctions for Noncompliance: In the event of a PART/'s noncompliance with the Non-discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or therelevant US DOT Administration may determine to be appropriate, including, but not limited to:1020
N 7™ AVE SIDEWALKS-BOZEMANUPN 9446a. Withholding payments to the PARTY under the contract/agreement until the PARTYcomplies; and/orb. 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, andsuccessor in interest, agrees to comply with the following non-discrimination statues andauthorities; including but not limited to:FederalTitle VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d etseq., 78 stat. 252), (prohibitsdiscrimination 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, (42D.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has beenacquired because of Federal or Federal-aid programs and projects);Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 etseq.}, (prohibits discrimination on thebasis of sex);Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 etseq.), as amended, (prohibitsdiscrimination on the basis of disability); and 49 CFR Part 27;The Age Discrimination Act of 1975, as amended, (42 D.S.C. § 6101 etseq.), (prohibitsdiscrimination 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, andapplicability of Title V! of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, andSection 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 ornot);Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basisof disability in the operation of public entities, public and private transportation systems, placesof public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -12189) asimplemented 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) (prohibitsdiscrimination on the basis of race, color, national origin, and sex);1121
N 7TH AVE SIDEWALKS-BOZEMANUPN 9446Executive Order 12898, Federal Actions to Address Environmental Justice in MinorityPopulations and Low-lncome Populations, which prevents discrimination against minoritypopulations by discouraging programs, policies, and activities with disproportionately high andadverse human health or environmental effects on minority and low-income populations;Executive Order 13166, Improving Access to Services for Persons with Limited EnglishProficiency, and resulting agency guidance, national origin discrimination includes discriminationbecause of Limited English Proficiency (LEP). To ensure compliance with Title VI, you musttake 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 fromdiscriminating because of sex in education programs or activities (20 U.S.C. § 1681 etseq.).Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis ofgender identity and in hiring by federal contractors on the basis of both sexual orientation andgender identity.StateMont. 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 throughseven in every subcontract, including procurements of materials and leases of equipment, unlessexempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY willtake action with respect to any subcontract or procurement as MDT or the relevant US DOTAdministration may direct as a means of enforcing such provisions including sanctions fornoncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigationby a subcontractor, or supplier because of such direction, the PARTY may request MDT to enterinto any litigation to protect the interests of MDT. In addition, the PARTY may request the UnitedStates to enter into the litigation to protect the interests of the United States.1222