HomeMy WebLinkAbout20- Memorandum of Agreement - Montana Department of Transportation - Urban Highway System Routes Memo of Agreement Bzn & DOTRev. 8/26/2020
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CITY-MAINTAINED URBAN HIGHWAY SYSTEM ROUTES
CITYWIDE MEMORANDUM OF AGREEMENT
Between
City of Bozeman and the Montana Department of Transportation
October 2020
This Memorandum of Agreement (Agreement) is made and entered into by and between
the City of Bozeman (“the City”), P.O. Box 1230, Bozeman MT 59771 and the Montana
Department of Transportation (“MDT”), 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 City’s performance of construction and maintenance of
roadway and right-of-way features on Urban Highway System ROUTES designated by the
Montana Transportation Commission (“Commission”) not maintained by MDT (hereinafter
“ROUTES”), PER ATTACHMENT B (LIST OF CITY-MAINTAINED ROUTES) and
ATTACHMENT C (MAP OF CITY-MAINTAINED ROUTES). This Agreement sets forth the
terms necessary for the City to perform construction, install, and have authority for right-of-
way features and encroachments, and provide roadway and right-of-way feature
maintenance on the ROUTES, and
WHEREAS, ROUTES are the Commission-Designated Urban Highway System within the City
limits, eligible for Surface Transportation Program Urban (“STPU”) funds; and
WHEREAS the City limits shall include all limits as determined or amended by the City
during the term of this Agreement and as shown on the most-current Attachment B, ROUTES
List, and Attachment C, Map; and
WHEREAS, roadways within City limits designated as National Highway (NH) System or
Primary routes are excluded from this Agreement and remain under MDT obligation to
develop, administer, design and construct projects; and
WHEREAS the duties and responsibilities of the Parties on Commission-designated routes
that are MDT-maintained routes within the City limits are excluded from this Agreement;
and
WHEREAS, extension of these ROUTES that are beyond city limits but within Urban
Boundaries require separate Agreements with other governmental entities for roadway
obligations between the City limits and the Urban Boundary; 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 certain
requirements are met in order for MDT to fulfill its obligations to the FHWA and for the
ROUTES to remain eligible for STPU funds; and
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WHEREAS, the City concurs with the Urban Highway System designation of the ROUTES
designated under Mont. Code Ann. §60-2-126,
NOW, THEREFORE, in consideration of the following mutual promises the Parties agree as
follows:
ARTICLE I – DEFINITIONS
A. City- or local entity-administered projects – means projects which are developed,
administered, designed, and constructed by the City or a local entity with City approval.
After project completion, maintenance responsibility remains with the City.
B. Local entity - means a developer or other third-party entity proposing a project which
requires City review and approval.
C. MDT-administered projects – means projects which are developed, administered,
designed, and constructed by MDT in consultation with the City. After project completion,
maintenance responsibility remains with the City.
D. Roadway maintenance – means standard and reasonable activities to maintain the
roadway in a safe and effective manner including such activities as: snow removal, repair
of roadway surfaces without adding structure(e.g. chip sealing, crack sealing, slurry
sealing), striping, sign and signal repair and installation (not affecting or intersecting
adjacent MDT routes), curb repair, etc.
E. Right-of-way feature maintenance – means standard and reasonable activities to maintain
all right-of-way features in a safe and effective manner and in accordance with
established local policies and ordinances, including but not limited to such features as:
sidewalks, shared use paths, lighting, landscaping, irrigation features, signs, benches,
bikes racks, planters, tree grates, etc.
F. Urban boundary – means an urban cluster as designated by the Bureau of the Census
having a population of 5,000 or more within boundaries to be fixed by responsible State
and local officials in cooperation with each other, subject to approval by the U.S. Secretary
of Transportation. Such boundaries shall encompass, at a minimum, the entire urban
place designated by the Bureau of the Census and may extend beyond adopted City limits.
The urban boundary for the City is shown on Attachment C Map.
ARTICLE II – PROJECT TYPE - ADMINISTRATIVE ROLES
A. The Parties agree that the ROUTES may be improved, funded, and administered by MDT,
the City, or a local entity.
B. All City and local entity funded and administered maintenance of roadway and right-of-
way features on ROUTES are exempt from Commission authority and are not under
Commission jurisdiction.
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C. All City and local entity funded and administered placement of features in the right-of-
way on ROUTES that do not change the nature or operation, add structure, change the
alignment, or change the physical characteristics of the roadway are exempt from
Commission authority and are not under Commission jurisdiction.
D. The City agrees to submit all projects which do not meet the requirements of Article II
Section C above for City or local entity administered roadway and right -of-way projects
on ROUTES to MDT. MDT will review proposed projects to determine whether the
proposed project must be prioritized, selected, and approved by the Commission and
whether the proposed project complies with applicable Federal project planning and
selection procedures including but not limited to 23 CFR Chapter 1, Subchapter E, Part
450 and 771, and 49 CFR Part 613. MDT will initiate Commission action as set forth in
Mont. Code Ann. §§ 60-2-110 & 60-2-111. If approved through Commission action,
including execution of a Citywide or project specific maintenance agreement, the City
may proceed to implement the project without further review by MDT.
E. Federal-aid projects funded or administered through MDT must meet MDT’s design
standards.
ARTICLE III - GENERAL OBLIGATIONS OF THE CITY
A. The City agrees to accept jurisdictional authority to operate and maintain roadway and
right-of-way features on the ROUTES and must operate and maintain all the completed
projects at its sole expense, regardless of project type, including MDT, City or City-
approved local entity/developer administered projects.
B. Unless specified otherwise herein, or in accordance with project development and as
documented by subsequent agreement (e.g. project agreement), the City agrees to fund
any additional costs MDT may incur for MDT projects which impact any features the City
places in the right-of-way.
C. At locations where a ROUTE intersects an MDT-maintained route, MDT must review any
proposed project which impacts the operations of the intersection (e.g. adjustments to
striping, adjustments to signal timing, bulb-out, drainage, City issuance of approach
permit impacting the intersection, etc.). At such intersections, MDT and the City will
jointly review and define the limits of the intersection and MDT and City maintenance
obligations within the intersection. MDT will approve project requests that meet all
current applicable MDT Design Standards and Specifications. Projects that are not
designed according to MDT Design Standards and Specifications but meet Montana
Public Works Standards or other standards will be considered on a case-by-case basis.
D. The City agrees to provide MDT city limit adjustment updates during MDT’s yearly fuel
tax allocation process.
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ARTICLE IV - OBLIGATIONS OF THE CITY – NON-MDT ADMINISTERED PROJECTS
A. The City agrees to conform with all requirements set forth in Mont. Code Ann. Title 60,
related to Urban Highway System public highways and MDT and Transportation
Commission authority including but not limited to Mont. Code Ann. §§ 60-2-110 & 60-2-
111.
B. The City agrees to perform all roadway and right-of-way feature planning, permitting,
design, construction, reconstruction, and maintenance of ROUTES, as described in this
Agreement.
C. The City agrees to ensure all projects within the right-of-way on ROUTES, are consistent
with adopted local planning documents, including but not limited to the adopted growth
policy, design standards and ADA Transition Plan.
D. The City agrees any construction resulting from this Agreement must comply with
Montana Public Works Standards (as modified and approved by the City), and the Manual
on Uniform Traffic Control Devices (MUTCD), and in accordance with sound engineering
judgment. Projects which include pedestrian facilities must meet or exceed current
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.
E. The City agrees to conform in all regards to Mont. Code Ann. Title 61, Chapter 8, and will
not take any action, by enacting an ordinance or otherwise, less restrictive than the traffic
laws in Mont. Code Ann. Title 61, Chapter 8.
F. The City shall complete the necessary environmental processes for modification to the
ROUTES 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 prior to maintenance
taking place within Commission-designated right-of-way.
G. The City agrees to conduct a final inspection of all work done on construction and re -
construction projects and request any improvements or corrections necessary to comply
with terms of this agreement before accepting the work.
H. The City assumes all responsibility for ensuring and enforcing safe working conditions
and compliance with all safety-related rules and regulations for the benefit of its own
employees, the employees of subcontractors and the public on City construction projects,
including all duties related to safety, regardless of whether any such duties are, or are
alleged to be “non-delegable,” (e.g. the Montana Scaffolding Act, the Montana Safe Place
to Work statute, etc.), and will indemnify MDT for these rules and regulations as stated
in this Agreement.
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I. The City has authority, responsibility, and discretion for reviewing, approving, and
removing approaches, and if applicable, issuing approach permits onto, upon and over
the right-of-way of the ROUTES. City agrees to review approaches according to the terms
and conditions established by the City by ordinance or rules, and in a manner ensuring
any approved approach does not interfere with the safe and efficient use of the vehicle
travel lanes or the non-motorized travel facilities (e.g. bike lane, shared used path,
sidewalk, pedestrian path).
J. The City has the authority, responsibility, and discretion for reviewing, approving, and
removing encroachments and if applicable, issuing encroachment permits onto, upon
and over the right-of-way of the ROUTES. City agrees to review encroachments
according to the terms and conditions established by the City by ordinance or rule and
in a manner ensuring any approved encroachment does not interfere with the safe and
efficient use of the vehicle travel lanes or the non-motorized travel facilities (e.g. bike
lane, shared used path, sidewalk, pedestrian path).
K. The City is responsible for and has control of roadway maintenance of the ROUTES as
defined in this Agreement, at no cost to MDT.
L. As set forth in Article II, the City is responsible for and has control of maintenance and
certain right-of-way feature placement on the ROUTES, at no cost to MDT, including but
not limited to sidewalks, shared use paths, lighting, landscaping, irrigation features,
signs, benches, bikes racks, planters, tree grates, etc.
ARTICLE V- OBLIGATIONS OF MDT
A. MDT agrees to request necessary approval or concurrence from the Commission through
the course of activities contemplated by this agreement.
B. MDT is responsible for the official system designation of all Commission-designated
highway systems and state highways within Montana, including ROUTES, and
coordinating with FHWA and the Commission to obtain approval for any changes
including adding roadways to or removing roadways from the Commission-designated
system. System designation is used to determine eligibility for funding under the
Federal-aid program and state law.
C. MDT, through the yearly fuel tax allocation process, is responsible for any necessary
modifications to Attachment B ROUTES List and Attachment C Map to reflect any official
City limit boundary changes as provided to MDT by the City.
D. If non-compliant ADA (2011 PROWAG) facilities are installed by the City or City-
approved local entity on ROUTES after the Agreement execution date, MDT may consider
suspension of use of Urban Pavement Preservation funds on ROUTES until ADA
compliance is restored.
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E. MDT agrees to continue to develop, administer, design and construct projects on
ROUTES, which are eligible for federal funding and approved through the established
fund program prioritization processes (including, but not limited to STPU, Urban
Pavement Preservation, Highway Safety Improvement Program, and Congestion
Mitigation & Air Quality Improvement funds) in coordination with the City. MDT agrees
to ensure all such projects are consistent with and in compliance with:
1. applicable adopted local planning documents, where feasible and not in conflict with
MDT Design Standards and Specifications, including but not limited to the adopted
growth policy, design standards, and ADA Transition Plan;
2. applicable MDT Design Standards and Specifications, or with Montana Public Works
Standards as modified by the City, whichever the parties agree is most appropriate
for the specific item within the project as determined through project development);
3. the Manual on Uniform Traffic Control Devices (MUTCD);
4. sound engineering practices; and
5. current standards for appropriate pedestrian facility 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 when
pedestrian facilities are included or required.
ARTICLE VI - GENERAL TERMS AND CONDITIONS
A. 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.
B. Default-Termination-Enforcement
1. Each party must notify the other in writing of any alleged violation or breach of any
duty or responsibility set forth this Agreement. Within 60 days of such notice, the
responding party must either:
a. Initiate work to correct the violation or breach; or
b. Request a consultation with the other party to jointly review the alleged violation
or breach before Default action is initiated.
2. If the City is found in default of this Agreement, MDT may:
a. Initiate steps to recommend to the Commission the identified ROUTE(S) and any
necessary segments to retain connection of the system be removed from the
Commission-designated urban highway system and become solely under the
City’s jurisdiction without eligibility for federal funding; or
b. Perform any necessary repairs and seek compensation from the City for all costs,
including Indirect Costs; or
c. Terminate this Agreement and perform necessary removals of improvements on
ROUTE(S) and seek compensation from the City for all costs, including Indirect
Costs.
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C. Invoicing and Indirect Cost (IDC)
1. If MDT incurs any costs resulting from this Agreement after following the
procedures set forth in Section B, 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. 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.
Invoices will include a charge for MDT’s indirect costs at the then-current state
fiscal year rate agreed to by MDT and the Federal Highway Administration
(FHWA).
2. Invoices will be sent to:
City of Bozeman
Attn: Town Clerk/Treasurer
PO Box 1230
Bozeman, MT 59771
3. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
D. Other Agreements superseded – This Agreement supersedes all other Maintenance
Agreements, Project-specific Agreements, or other Agreements between the parties,
however titled, pertaining to construction and maintenance on the ROUTES.
E. The City agrees its jurisdictional and indemnity obligations for City or City approved local
entity improved, funded, and administered projects under Article II; the City’s operations
and maintenance of the ROUTES under Article III; and the City’s indemnity obligation
under Article VI will survive the termination or expiration of this Agreement so long as
the ROUTES remain Commission-designated and maintained by the City.
F. Hold Harmless & Indemnification –
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 damage to property, bodily or personal injury,
or death arising out of the acts or omissions of the City, or its agents, or subcontractors,
under this Agreement, except the negligence of MDT.
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MDT 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 damage to property, bodily or personal injury,
or death arising out of the acts or omissions of MDT, or its agents, or subcontractors,
under this Agreement, except the negligence of the City.
G. Insurance –
1. 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.
2. 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.
3. Workers’ Compensation Insurance: Each party shall maintain and require its
contractors and subcontractors to maintain workers’ compensation insurance 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.
4. 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.
H. 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.
I. 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.
J. 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
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of principal and agent or create any partnership joint venture or other association
between the Parties.
K. 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 City non-
discrimination ordinances and any applicable non-discrimination regulations required
by the State set forth in Attachment “A” attached hereto and made part of this Agreement.
L. 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.
M. 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.
N. Representatives –
1. City’s Representative: The City’s Representative for the purpose of 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.
2. MDT’s Representative: The MDT Representative for the purpose of this Agreement
shall be the District Administrator or the District 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.
O. 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
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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.
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ATTACHMENT A
MDT Nondiscrimination and Disability Accommodation Notice
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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,
sex, sexual orientation, gender identity,
age, disability, & Limited English Proficiency
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:
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).
iii. Contact information for PARTY’s representative tasked with handling non‐
discrimination complaints and providing reasonable accommodations under the
ADA.
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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.
(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.
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(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. §§ 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;
DocuSign Envelope ID: 95EA4322-7350-4E62-8F53-FB69E49FEF87
Page 4 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 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.
DocuSign Envelope ID: 95EA4322-7350-4E62-8F53-FB69E49FEF87
ATTACHMENT B
Routes List
DocuSign Envelope ID: 95EA4322-7350-4E62-8F53-FB69E49FEF87
CITY-MAINTAINED ROUTES – BOZEMAN
DEPT ROUTE CORRIDOR ROUTE NAME FROM TO LENGTH
(MI)
U-1216S C000345S COTTONWOOD RD HUFFINE LN/US 191 CITY LIMIT 0.48
U-1216S C000345S S 19TH AVE CITY LIMIT S 19TH AVE/STUCKY RD 1.01
U-1201S C001201S S 19TH AVE MAIN ST/US 191 S 19TH AVE/STUCKY RD 1.58
U-1202E C001202E OAK ST N 19TH AVE/OAK ST N 7TH AVE 0.78
U-1203N C001203N S 11TH AVE KAGY BVLD MAIN ST/US 191 1.32
U-1204E C001204E DURSTON RD DURSTON RD/N 19TH AVE CITY LIMIT 0.44
U-1204E C001204E DURSTON RD CITY LIMIT N 7TH AVE/PEACH ST 0.26
U-1204E C001204E PEACH ST DURSTON RD/N 7TH AVE ROUSE AVE/MONTANA
86
0.71
U-1205N C001205N S 8TH AVE COLLEGE ST MAIN ST/US 191 0.56
U-1206W C001206W MENDENHALL ST ROUSE AVE/MONTANA 86 N 11TH AVE 0.94
U-1206W C001206W N 11TH AVE MENDENHALL ST/N 11TH
AVE
MAIN ST/US 191 0.07
U-1208E C001208E BABCOCK ST S 11TH AVE/BABCOCK ST ROUSE AVE/BABCOCK ST 0.96
U-1208E C001208E ROUSE AVE BABCOCK ST/ROUSE AVE MAIN ST/US 191 0.07
U-1209N C001209N S 3RD AVE CITY LIMIT CITY LIMIT 0.09
U-1209N C001209N S 3RD AVE CITY LIMIT CITY LIMIT 1.22
U-1209N C001209N S 3RD AVE CITY LIMIT WILLSON AVE/KAGY BVLD 0.26
U-1209N C001209N WILLSON AVE KAGY BVLD/S 3RD AVE PEACH ST/WILLSON AVE 1.77
U-1210E C001210E COLLEGE ST MAIN ST/US 191 WILLSON AVE/COLLEGE
ST
1.84
U-1212E C001212E KAGY BLVD S 19TH AVE/KAGY BVLD CITY LIMIT 3.11
U-1213S C001213S S CHURCH AVE MAIN ST/US 191 CITY LIMIT 1.34
U-1213S C001213S S CHURCH AVE CITY LIMIT KAGY BVLD/SOURDOUGH
RD
0.13
U-1215N C001215N HIGHLAND BLVD KAGY BVLD MAIN ST/US 191 1.63
U-1217N C001217N GRIFFIN DR N 7TH AVE CITY LIMIT 0.11
U-1217N C001217N GRIFFIN DR CITY LIMIT CITY LIMIT 0.03
U-1217N C001217N GRIFFIN DR CITY LIMIT BRIDGER DR/ROUSE
AVE/MONTANA 86
0.42
U-1218N C001218N BAXTER LN N 7TH AVE N 19TH AVE/BAXTER LN 1.09
DocuSign Envelope ID: 95EA4322-7350-4E62-8F53-FB69E49FEF87
ATTACHMENT C
Map
DocuSign Envelope ID: 95EA4322-7350-4E62-8F53-FB69E49FEF87
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CITY-MAINTAINED URBAN ROUTES - CITY-MAINTAINED URBAN ROUTES - BOZEMANBOZEMAN
0 0.5 1 1.5Miles
Map Legend
PREPARED BY THESTATE OF MONTANADEPARTMENT OF TRANSPORTATIONGEOSPATIAL INFORMATION SECTIONCreated Oct. 2020 in ArcGIS 10.6.1 using ArcMap. ESRI, Inc.NAD 1983 StatePlane Montana FIPS 2500Lambert Conformal Conic
Route Numbers
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For More Details Go Tohttps://arcg.is/19arvi
Boundaries
City Boundary
Urban Boundary
National Forest Service
State Maintained Route(Within City Boundary)
Secondary
Primary
NHS Interstate
NHS Non-Interstate
Urban
Other Route
Off-System Route
On-System Route
City Maintained Route(Within City Boundary)
Urban
DocuSign Envelope ID: 95EA4322-7350-4E62-8F53-FB69E49FEF87