HomeMy WebLinkAbout20- Memorandum of Agreement - Montana Department of Transportation - S 19th Avenue Widening Maintenance AgreementCity/State
Memorandum of Agreement
S 19th Avenue (U-1216) Widening - Bozeman
Maintenance Agreement
This Memorandum of Agreement (Agreement) is made and entered into by and between
the City of Bozeman ("the City"), a self-governing municipality operating pursuant to its
Charter and the laws of the State of Montana, P.O. Box 1230, Bozeman MT 59771 and the
Montana Department of Transportation ("MDT"), a department of the State of Montana,
P.O. Box 201001, Helena MT 59620-1001 together referred to as "the Parties".
The Purpose of this Agreement is to set forth the respective responsibilities and duties of
the City and MDT associated with the widening of S 190i Avenue (U-1216) near its
intersection with Graf Street associated with the Nexus Point Development. Construction
within the right-of-way includes widening of S 190i to create a 5 -lane section of roadway, a
new street approach (Arnold Street), curb and gutter, lighting, striping, sidewalk,
landscaping and other sidewalk amenities (the Project), per the approved plans
(Attachment B). This Agreement sets forth the terms necessary for the City to perform
construction and provide maintenance on S 190i Avenue near its intersection with Graf
Street.
WHEREAS, MDT is responsible for planning, designing, constructing and maintaining State
Highways and roadways, and associated transportation facilities, including associated pull -
offs, parking areas, and rest areas for the use and benefit of the traveling public, in a safe
and efficient manner and in accordance with Title 23 United States Code (U.S.C) and Title
60 Montana Code Annotated (MCA) including S 190i Avenue (U-1216), a commission -
designated highway system; and
WHEREAS, S 190i Avenue (U-1216) is on the Urban Highway System within the State of
Montana and is eligible to receive Federal Highway Funds; and
WHEREAS, in accordance with the State's agreement with the Federal Highway
Administration (FHWA) of the U.S. Department of Transportation, MDT must ensure that
certain requirements are met in order for MDT to fulfill its obligations to the FHWA and for
S 190i Avenue (U-1216) to be eligible for federal funds;
WHEREAS, The City has agreed to maintain, or cause to be maintained, the Project; and
WHEREAS, This Agreement must be fully executed before initiation of construction of the
Project within commission -designated right-of-way; and
1IPage
NOW, THEREFORE, The Parties set forth the fundamental duties and responsibilities
necessary for the maintenance of S 19u' Avenue (U-1216) associated with the construction
of the Project, within public right-of-way.
ARTICLE I. GENERAL OBLIGATIONS OF MDT
1. If the City does not fulfill their maintenance requirements as stated herein, MDT may
complete the required maintenance and seek compensation from the City. In doing so,
MDT must first provide notice to the City allowing 60 days to complete any such
maintenance. If MDT performs such maintenance under this section, it must provide
detailed invoices of such costs to the City.
2. MDT may complete any maintenance required due to public emergency and seek
compensation from the City for any costs incurred. In doing so, MDT may first provide
notice to the City, when possible, allowing time to complete any such maintenance. If
MDT performs maintenance under this section, it must provide detailed invoices of such
costs to the City.
ARTICLE 11. OBLIGATIONS OF THE CITY:
1. Sidewalk and Pedestrian Facilities
a. Upon completion of the Project, the City agrees that it is responsible, at no cost to
MDT, to service, maintain, repair, and pay cost of operating the sidewalk and
pedestrian facilities within the project limits, such that it does not negatively
impact the operation of the pedestrian facility or the safety of the traveling public.
If all or part of the Project becomes unsafe for use, the City agrees to restrict
access to the affected area until the condition has been remedied.
b. For the purposes of this Agreement, "maintenance of the sidewalk and pedestrian
facilities" is defined as: grinding or milling down displacements; surface patching;
crack sealing; sweeping; cleaning; washing; replacing portions of damaged
sidewalk; removal of snow and ice; repair of chipped, fractured, or broken surface
from any cause, including but not limited to frost heaving, landscaping, tree roots,
or encroachments; removal of debris and other obstructions or impediments to
safe pedestrian travel; and any and all other normally accepted maintenance
practices.
2. Lighting
a. Upon completion of the Project, the City agrees that it is responsible, at no cost to
MDT, to service, maintain, repair and pay the costs of operating (including utility
costs) the lighting installed as part of this project.
b. For the purpose of this Agreement, "maintenance of the lighting", is defined as: the
inspection of the lighting system for operation, cleaning lamps, lenses and
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reflectors, stocking of replacement parts, bulb replacement, and repairs to and
replacement of damaged fixtures.
c. Any major repair costs for signal or lighting damage not recoverable from third
parties shall be the responsibility of the City.
d. The City shall pay for the cost of energy for the lighting.
3. Landscaping/ Irrigation Equipment
a. Upon completion of the Project, the City agrees that it is responsible, at no cost to
MDT, to service, maintain and repair the landscaping and irrigation equipment
installed as part of this project.
b. For the purposes of this Agreement, "maintenance of landscaping and irrigation
system," is defined as: mowing, watering, debris removal, weed control, fertilizing,
tree/shrub trimming including removal, replacement and maintenance of sight
triangles, the repair and replacement of fences, and maintenance of all features in
compliance with ADA/PROWAG. The irrigation system shall be fully operational,
free of leaks, with heads selected and adjusted to reduce water waste.
c. If the City is not able to complete the maintenance on the landscaping and
irrigation system as per this Agreement, the improvements may become the
property of MDT, without reimbursement. If landscaping or irrigation become
MDT property, MDT will maintain the property as it sees fit and may remove the
landscaping and irrigation system without City approval. MDT may seek
compensation for the maintenance or removal of the landscaping and irrigation
system from the City.
4. Sidewalk Benches/Bike Racks/Other Sidewalk Amenities
a. Upon completion of the Project, the City agrees that it is responsible, at no cost to
MDT, to service, maintain and repair the benches, bike racks, planters, tree grates,
and other sidewalk amenities installed as part of this project.
b. For the purposes of this Agreement, "maintenance of benches, bike racks, planters,
tree grates, and other sidewalk amenities," is defined as: regular inspection to
ensure the safety and functionality of the amenity, and that the hardware is intact,
fasteners are made flush with surfaces, and seats and backings are smooth with no
protrusions or sharp edges. The placement must allow for a clear approach area
adjacent to the furnishing and meet pedestrian access route requirements
consistent with ADA (PROWAG) requirements.
S. The City agrees that no fixture, building, structure, or other permanent installation will
be constructed or placed within Transportation Commission designated right-of-way
without prior written approval from MDT.
6. The City shall complete the necessary environmental processes for modification to the
state highways and roadways and demonstrate that all, if any, environmental issues
associated with the proposed project have been identified and mitigated. The City
agrees it will prepare and file any required environmental documents and apply for and
obtain any permits required by other governmental agencies at no expense to MDT
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prior to maintenance taking place within Transportation Commission designated right-
of-way.
7. The City agrees to be responsible for any and all damages to facilities within
Transportation Commission designated right-of-way caused by the City, the City's staff
or contractors, or resulting from the City's operations. The City must repair any and all
damages, at its sole expense, after notification of damage by MDT and approval of repair
work needed, method of repair, and schedule for repair.
8. If the City fails to perform or cause to be performed, the maintenance obligations as
required by this agreement within 60 days of written notification from MDT, MDT may
complete the required maintenance and the City shall be required to compensate MDT
for its performance of said maintenance.
9. MDT may complete any maintenance required due to a public emergency without prior
notice to the City. The City agrees to be responsible for and to reimburse MDT for said
maintenance, including Indirect Costs,
ARTICLE III. GENERAL TERMS AND CONDITIONS
1. Term - The term of this Agreement shall be ten (10) years. After the initial ten (10) year
term, this Agreement will renew automatically, for successive one (1) year terms,
unless superseded by a new Agreement between the parties.
2. Termination - This Agreement may be terminated by MDT if the City violates or
breaches any term, condition, or article of this Agreement and the City has failed to
correct (or reasonably initiate correction) within 60 days of receiving notice in writing
addressed to the City's representative, of such violation or breach of any term,
condition, or article of this Agreement. If this Agreement is terminated, the
improvements become the property of MDT, without reimbursement. MDT will
maintain the property as it sees fit and may remove the improvements without City or
landowner approval. MDT may seek compensation for maintenance or removal of the
improvements from the City.
3. Other Agreements - Other Agreements pertaining to the project area remain in full
force and effect. In the case of a conflict between this Agreement and a previously
executed Agreement, the terms of this Agreement apply.
4. Hold Harmless & Indemnification
a. The City agrees to 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
judgments (including 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 personal
or bodily injury, death or damage to property, arising out of the acts or omissions
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of the City, its agents, or sub -contractors, under this Agreement, except the
negligence of MDT.
b. The State and Department of Transportation agrees to 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 judgments (including 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 personal or bodily injury, death or damage to
property, arising out of the acts or omissions of MDT, its agents, or sub-
contractors, under this Agreement, except the negligence of the City.
S. Insurance
a. General Requirements: Each party shall maintain for the duration of this
Agreement, at its own cost and expense, insurance against claims for injuries to
persons or damages to property that may arise from or in connection with the
performance of the duties and obligations in this Agreement by each party, its
agents, employees, representatives, assigns, or sub -contractors. This insurance
shall cover such claims as may be caused by any negligent act or omission.
b. General Liability Insurance: Each party shall purchase and maintain occurrence
coverage with combined single limits for bodily injury, personal injury, and
property damage of $1 million per occurrence and $2 million aggregate per year to
cover such claims as may be caused by or arising out of any negligent acts or
omissions in work or services performed under this Agreement, or as established
by statutory tort limits as provided by a public entity self-insurance program
either individually or on a pool basis as provided by Mont. Code Ann. Title 2,
Chapter 9.
c. General Provisions: All insurance coverage must be with a carrier licensed to do
business in the State of Montana or by a public entity self-insured program either
individually or on a pool basis. Each party must notify the other immediately of.
any material change in insurance coverage, such as changes in limits, coverage,
change in status of policy, etc. Each party reserves the right to request complete
copies of the other party's insurance policy or self-insured memorandum of
coverage at any time.
d. Workers' Compensation Insurance: The City must maintain workers'
compensation insurance and require its contractors and its contractor's sub-
contractors to carry their own workers compensation coverage while performing
work within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401
and 39-71-405. Neither the contractor nor its employees are employees of MDT.
This insurance/exemption must be valid for the entire Agreement period.
6. Public Safety - It is agreed, if any repairs to the elements of the Project must be
performed to address or prevent a public hazard, the City will immediately protect the
area from public access, contact the appropriate MDT District Maintenance Office, and
make reasonable and timely effort to correct or repair the hazard.
7. Invoicing and Indirect Cost (IDC)
a. If MDT incurs any costs resulting from this Agreement, 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.
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Mont. Code Ann. §17-1-106, 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 10.41%
for fiscal year 2020 (July 1, 2019 to June 30, 2020). If the work occurs or extends
into fiscal year 2021 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
Attn: Town Clerk/Treasurer
PO Box 1230
Bozeman, MT 59771
ii. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
8. 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 except as otherwise noted in
this agreement. 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. Binding Effect -- The benefits and obligations set forth in this Agreement shall be
binding upon, and inure to the benefit of, their respective successors, administrators
and assigns of the Parties.
10. Relationship of Parties -- Nothing contained in this Agreement shall be deemed or
construed (either by the parties hereto or by any third party) to create the relationship
of principal and agent or create any partnership joint venture or other association
between the Parties.
11. Non -Discrimination - The City will require that during the performance of any work
arising out of this Agreement the City, for itself, assignees, and successors shall comply
with all applicable non-discrimination regulation set forth in Attachment "A" attached
hereto and made part of this Agreement.
12. ADA - 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
61 Page
Pedestrian Facilities in the Public Right -of -Way (2011 PROWAG), and MDT's detailed
drawings, 608 series.
13. Audit - The City grants to the Legislative Auditor and the Legislative Fiscal Analysts the
right, without prior notice 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. Utilities -- This Agreement is subject to the right of any private or public utility entity
now lawfully occupying the right-of-way to continue to operate and maintain utility
facilities thereupon. Copies of existing utility permits may be obtained from the MDT
District Utility Agent.
15. Amendment and Modification -- This Agreement may be modified or amended only by
written Addendum signed by the parties. In addition to the terms and conditions
contained herein, the provisions of any Addendum may be incorporated and made a
part hereof by this reference in the terms of the amendment so provided. In the event
of any conflict between the terms and conditions hereof and the provisions of any
Addendum, the provision of the Addendum shall control, unless the provisions thereof
are prohibited by law.
16. Representatives
a. City's Representative: The City's Representative for this Agreement shall be the
City Manager or designee or such other individual as City shall designate in
writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or
submission shall be directed to the City's Representative and approvals or
authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City's Representative is not available, MDT
may direct its communication or submission to other designated City personnel
or agents.
b. MDT's Representative: The MDT Representative for this Agreement shall be the
District Administrator or Maintenance Chief or such other individual as MDT
shall designate in writing. Whenever direction to or communication with MDT is
required by this Agreement, such direction or communication shall be directed
to MDT's Representative; provided, however, that in exigent circumstances
when MDT's Representative is not available, City may direct its direction or
communication or submission to other designated MDT personnel or agents.
17. Counterpart Execution - This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original but all of which together shall constitute one
and the same Agreement. The counterparts of this Agreement may be executed and
delivered by facsimile or other electronic signature by any of the parties to any other
party and the receiving party may rely on the receipt of such document so executed and
delivered by facsimile or other electronic means as if the original had been received.
71 Page
Signatures:
IN WITNESS WHEREOF, the Department's authorized representative has hereunto 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.
SIGNATURES:
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Montana Department of Transportation
Approved for Legal Content
Approved for Civil Rights
CITY OF OZEMA�
De is Taylor
City Manager
Attest:
J
1L joy r� o`
City Clerk Av\d,�
81 Page
2020
Signatures:
IN WITNESS WHEREOF, the Department's authorized representative has hereunto 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.
SIGNATURES:
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
Montana Department of Transportation
�Q/l�� J`inn00 jbQ: - yl'Tlad
T
Approved for Legal Content
Approved for Civil Rights
CITY OF BOZEMAN
Dennis Taylor
City Manager
Attest:
Robin Crough
City Clerk
81 Page
,2020
Sigm ire.:
IN WITNESS WHEREOF, the Department's authorized representative has hereunto signed
on behalf of the State of Montana, and the City Manager of tate City of Bozeman, on behalf of
the City, has signed and affixed hereto the seal of the City.
SIGNATURES;
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
ByZUZO
Mon� dtana rtment of Transportation
Approved for Legal Content
Approved for Civil Rights
CITY OF cIZEMA��_
Ile is `T'aylor
City Manager
Attest:
Robin_ nugh ia.r .'+
A"- -,t City Clerk ' ,
Signatures:
IN WITNESS WHEREOF, the Department's authorized representative has hereunto 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.
SIGNATURES:
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
By
Montana Department of Transportation
�C�n 11C �`in n OD Dr }_ /U. 141-71Q-0
Approved for Legal Content
I
9 0 l .20
Approved for Civil Rights
CITY OF BOZEMAN
Dennis Taylor
City Manager
Attest:
Robin Crough
City Clerk
81Pi'^o
2020
ATTACHMENT A
MDT Nondiscrimination and Disability Accommodation Notice
91 Page
Rev. 01/2020
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
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, & Limited English Proficiency
State protected classes
Race, color, national origin, parental/marital
status, pregnancy, childbirth, or medical
conditions 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:
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.
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).
iii. Contact information for PARTY's representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
Page 1 of 4
Rev. 01/2020
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):
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
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.
(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
Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
Page 2 of 4
Rev. 01/2020
(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 etseq.), (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. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38,-
-
8;- 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;
Page 3 of 4
Rev. 01/2020
- 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 etseq.).
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.
Page 4 of 4
ATTACHMENT B
PROJECT PLANS
101 Page
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