HomeMy WebLinkAbout25 - Construction Agreements - MONTANA DEPARTMENT OF TRANSPORTATION - North 7th Ave, West Peach St, and West Oak St Docusign Envelope ID: B5DD5A52-5C94-44E5-BOC4-EB0357683401
Construction and Maintenance Agreement
CMDP 118-1(5)0
N 7TH AVE INT IMPROV- BOZEMAN
UPN 9313000
This Agreement by and between City of Bozeman (City),and the Montana Department
of Transportation (MDT, Department, or State) (collectively Parties), establishes the
responsibilities and duties of the Parties with respect to project activities on a portion of
North 7th Avenue, West Peach Street, and West Oak Street located within the City of
Bozeman, Montana as set forth generally below:
Table 1
Route Corridor System Local Street Begin End RP Roadway
Number Number Name RP Maintenance
Authority
N-118 C001207 National North 7th 0.036 0.986 MDT
Highway Avenue
U-1204 C001204 Urban West Peach 0.426 0.878 City
Street
U-1202 C001202 Urban West Oak 0.645 0.794 City
Street
L-16-1117 C074398 Off-System West Oak 0.591 0.734 City
Street
Whereas,the construction will be accomplished through Uniform Project Number 9313000,
Federal-Aid Project Number CMDP 118-1(5)0, titled N 7TH AVE INT IMPROV - BOZEMAN
(Project). Refer to Table 1 above for locations; and,
Whereas, State and/or Federal Highway Administration (FHWA) funds will be used to pay
for the construction, the City and State must ensure that federal and state requirements are
met in fulfilling its obligations to the FHWA and for the Project to remain eligible for state
and/or federal funding; and,
Whereas,a portion of the Project lies on the designated National and Urban Highway System
(on-system) (N-118, U-1204, and U-1202) under the jurisdiction of the Montana
Transportation Commission and MDT as per Mont. Code Ann. 60-2-110, and a portion of the
Project is not on the designated State and Federal Highway System (off-system) (L-16-1117);
and,
Whereas, Congestion Mitigation and Air Quality funds (CMAQ) will be used for the
construction of the Project; and
Whereas, the City and MDT are also parties to a City/State Memorandum of Agreement N
7th Avenue Corridor (N-118) Streetscaping Projects and Maintenance and Amendment #1
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(City/State N 7th MOA) for N 7th Avenue Corridor (N-118) Streetscape Projects and
Maintenance setting forth the responsibilities of the Parties related to performance of
construction and maintenance of roadway and right-of-way features on North 7th Avenue
(N-118) designated by the Montana Transportation Commission and maintained by MDT;
and,
Whereas, the City and MDT are also parties to a City-Maintained Urban Highway System
Routes Citywide Memorandum of Agreement(City-Maintained Urban MOA) setting forth the
responsibilities of the Parties related to performance of construction and maintenance of
roadway and right-of-way features on Urban Highway System Routes designated by the
Montana Transportation Commission and not maintained by MDT; and,
Whereas, the City and MDT recognize the need to construct the Project and to duly execute
this Agreement in advance of construction phase programming; and,
Whereas, the City desires to have the Project constructed, the City deeming it to be a
valuable and beneficial consideration, and it will perform the functions, duties and
responsibilities as set forth in this Agreement;
Now, therefore,the Parties agree as follows:
ARTICLE I. GENERAL OBLIGATIONS OF MDT
1. MDT will design and award a Contract to construct the Project.
2. MDT will provide the City opportunities to participate in the Project's development,
including invitation to the final inspection of the Project.
3. MDT will, in accordance with the City/State N 7th MCA, incorporated herein by this
reference, maintain the roadway surface on North 7th Avenue, including pavement
repair, pavement preservation, and snowplowing, and will maintain all features on
North 7th Avenue,including signals (if present) and non-decorative roadway lighting,
within the roadway prism unless otherwise noted herein.
4. If the City does not fulfill any maintenance requirements 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 time to complete any such
maintenance. If MDT performs such maintenance under this section, it must provide
detailed invoices of such costs to the City.
S. For any maintenance requirements that are the obligation of the City,as stated herein,
MDT may complete any maintenance required due to a 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.
6. MDT is the issuing authority for all future encroachment and approach permits on
North 7th Avenue.
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ARTICLE II. GENERAL OBLIGATIONS OF THE CITY
1. 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, in contradiction of
the traffic laws in Mont. Code Ann. Title 61, Chapter 8.
2. The City will provide appropriate and timely input during the Project's development.
3. The City will continue to enforce the ordinances, laws and/or regulations necessary
and essential for the operations of the Project.
4. The City will conduct all Roadway Maintenance as defined and set forth in the City-
Maintained Urban MOA, incorporated herein by this reference.
S. The City is responsible for issuing all future encroachment and approach permits,
unless otherwise provided herein, in accordance with the City-Maintained Urban
MOA.
6. The City agrees no fixture, building, structure, or other permanent installation other
than those approved by MDT shall be constructed or placed within MDT right-of-way
without prior written approval from MDT.
7. The City agrees that any City-performed maintenance that occurs within MDT right-
of-way must be reviewed and approved by the appropriate MDT District Maintenance
Office prior to initiation of the maintenance.
8. The City agrees to regulate utility occupancy on the right-of-way of the City-
maintained routes within the Project limits, as set forth in Table 1 herein, in
conformance with occupancy regulations that comply with or are more restrictive
than the requirements of the Administrative Rule of Montana, 18.7.201 thru 18.7.241,
governing "Right of Way Occupancy by Utilities."
9. The City agrees it will assume full and complete responsibility for those portions of
the Project on the City-maintained routes within the Project limits, as set forth in
Table 1 herein, upon notification by MDT of the Project's Substantial Completion.The
City's acceptance of those portions of the substantially completed Project includes
accepting any right of way acquired for the Project and ownership and responsibility
for any permits obtained for the Project.
ARTICLE III. PROTECT-SPECIFIC PROVISIONS
1. Construction Storm Water General Permit
a. The Local Agency agrees to have a certified SWPPP administrator (as required
in section 3.2 of the MPDES CGP) on staff or under contract to perform that
duty, and a valid registered account within MDEQ's Fees, Applications, and
Compliance Tracking System (FACTS) prior to construction completion.
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b. Upon completion of all physical work associated with construction activity,the
Parties will inspect the temporary erosion and sediment control measures and
devices as part of MDT's final inspection with MDT's Contractor. MDT will
provide the Local Agency with the Storm Water Pollution Prevention Plan
(SWPPP) package for Local Agency review. Within ten (10) days of receiving
the package, the Local Agency will provide MDT with an itemized list of any
outstanding records or deficiencies associated with the SWPPP. Upon MDT's
and the Local Agency's approval of site conditions, measures, devices and all
pertinent records, the Department will notify the Contractor to begin the
Permit Transfer Notification in DEQ FACTS. The Local Agency must log into
FACTS to review and sign the transfer request within ten (10) business days.
c. Once DEQ transfers the Construction Storm Water General Permit
Authorization, the Local Agency will inspect, maintain, and revise the Best
Management Practice devices (BMPs) in accordance with DEQ permit
requirements until final stabilization is met and permit coverage is
terminated.
d. MDT agrees to pay annual fees associated with permit coverage until
termination. To ensure payment, the Local Agency must forward invoices to
MDT's Environmental Services Bureau.
2. Small Municipal Separate Storm Sewer System (MS4) Permit
a. MDT concludes,and the City agrees,the Project work is designed in compliance
with applicable Small MS4 Permit requirements.
b. The City agrees to operate, monitor and maintain storm water management
features in compliance with applicable MS4 requirements.
ARTICLE IV. PROJECT-SPECIFIC FEATURES
1. Sidewalks -West Peach Street (U-1204), West Oak Street (U-1202), and West
Oak Street (L-16-1117)
a. Upon completion of the Project by the State and its Contractor,the City agrees
to maintain and repair the sidewalks within the Project limits on West Peach
Street and West Oak Street and ensure they are safe and functional for the
traveling public.
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2. Sidewalks - North 7th Avenue (N-118)
a. Upon completion of the Project by the State and its Contractor,the City agrees
to maintain and repair the sidewalks within the Project limits on North 7th
Avenue in accordance with the City/State N 7th MOA and any duly executed
amendments thereto.
3. Lighting-West Peach Street (U-1204),West Oak Street (U-1202) and West
Oak Street (L-16-1117)
a. Upon completion of the Project by the State and its Contractor,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 decorative and/or
pedestrian lighting installed as part of this Project.
b. For the purposes of this Agreement,"maintenance of street lighting",is defined
as: the inspection of the lighting system for operation, cleaning lamps, lenses
and reflectors,stocking of replacement parts,bulb replacement,and repairs to
and replacement of damaged fixtures.
c. Any major repair costs for lighting damage not recoverable from third parties
shall be the responsibility of the City.
d. If the cost of energy is raised by the utility company, the City, town or special
improvement district shall pay their proportionate share of the rate increase.
4. Lighting- North 7th Avenue (N-118)
a. Upon completion of the Project by the State and its Contractor,the City agrees
to maintain and repair the lighting within the Project limits on North 7th
Avenue in accordance with the City/State N 7th MOA and any duly executed
amendments thereto.
5. Landscaping/Irrigation Equipment-West Peach Street(U-1204),West Oak
Street (U-1202) and West Oak Street(L-16-1117)
a. Upon completion of the Project by the State and its Contractor,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
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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.
6. Landscaping/Irrigation Equipment- North 7th Avenue (N-118)
a. Upon completion of the Project by the State and its Contractor,the City agrees
to maintain and repair the landscaping/irrigation equipment within the
Project limits on North 7th Avenue in accordance with the City/State N 7th
MCA and any duly executed amendments thereto.
7. City Signage-North 7th Avenue (N-118),West Peach Street(U-1204),West Oak
Street (U-1202) and West Oak Street(L-16-1117)
a. Upon completion of the Project by the State and its Contractor,the City agrees
that it is responsible, at no cost to MDT, to maintain the City signs within the
Project.
b. For the purposes of this Agreement, "maintenance of signs," is defined as: the
inspection, cleaning, repair and replacement of signs damaged through
weathering,vandalism,wind, or other means.
ARTICLE V. 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
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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 of the City, its agents, or sub-contractors, under
this Agreement, except the negligence of MDT.
b. 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 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.
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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)
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.
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 11.32% for fiscal
year 2025 (July 1, 2024 to June 30, 2025). If the work occurs or extends into fiscal
year 2025 or beyond the IDC rate will be charged at the rate agreed to by MDT and
FHWA.
i. Invoice will be sent to:
City of Bozeman
Attn: Nicholas Ross, Director of Transportation and Engineering
P.O. Box 1203
Bozeman, MT 59770
nross@bozeman.net
ii. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
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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.
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 Accessible Design, United States Access Board Accessibility Guidelines
for Pedestrian Facilities in the Public Right-of-Way, 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.
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16.Access and Retention of Records - The City agrees to provide the State, Legislative
Auditor, or their authorized agents access to any records necessary to determine
compliance with the Agreement. The City agrees to create and retain records
supporting this Agreement for a period of three (3) years after the completion date of
the Agreement or the conclusion of any claim, litigation or exception relating to the
State of Montana or a third party.
17. 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.
18.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.
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IN WITNESS WHEREOF, MDT's authorized representative has hereunto signed on behalf of
the State of Montana, and the City's authorized representative on behalf of the City, has
signed and affixed hereto the seal of the City.
STATE OF MQNTANA, DEPARTMENT OF TRANSPORTATION
Signe by:
By C-A—" ('vA4 1/22/2025
Montana Department of Transportation Date
DocuSigned by:
Va"t, f?aLVW
Approved for Legal Content
E
d by:
L,. , Sf'a
Approved for Civil Rights
CITY OF BOSZEignedMA N
l �(V, 1/22/2025
Chuck Winn, Interim City Manager Date
ATTEST: APPROVED AS TO FORM AND CONTENT:
DocuSigned by: Signed by:
NLG Maas � S VW".Vl
F41FAPPOAFAR476.. F
Mike Maas, City Clerk Greg Sullivan, City Attorney
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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, Race, color, national origin, parental/marital status,
sex, sexual orientation, gender identity, pregnancy, childbirth, or medical conditions related to
age, disability, income-level & Limited pregnancy or childbirth, religion/creed, social origin or
English Proficiency condition, genetic information, sex, sexual orientation,
gender identification or expression, ancestry, age,
disability mental or physical, political or religious
affiliations or ideas, military service or veteran status,
vaccination status or possession of immunity passport
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. The PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. A statement that the PARTY does not discriminate on the grounds of any
protected classes.
ii. A statement that the 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 the PARTY's representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
iv. Information on how to request information in alternative accessible formats.
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c. In accordance with Mont. Code Ann. § 49-3-207, the 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 the 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 MDT 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. The 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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Rev. 01/2022
(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 statutes 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;
- The Federal Aviation Administration's Non-Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
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Docusign Envelope ID: B5DD5A52-5C94-44E5-BOC4-EB0357683401
Rev. 01/2022
- 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.
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