HomeMy WebLinkAboutRFQ_City of Bozeman SS4A Comprehensive Safety Action Plan_attachmentsPage 1 of 17
REQUEST FOR QUALIFICATIONS (RFQ)
SS4A COMPREHENSIVE SAFETY ACTION PLAN
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
January 2026
Page 2 of 17
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking qualifications from firms to assist with
the implementation of Safe Streets and Roads for All (SS4A) Planning and Demonstration grant award.
Work will include the development of a Comprehensive Safety Action Plan that meets the requirements
of a qualified plan as defined under the SS4A program. The plan will use a Safe Systems approach with the
goal of eliminating serious injury and fatal crashes affecting all users with a focus on the arterial and
collector network within the City of Bozeman.
Copies of the Request for Qualifications are available on the City’s website
All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an
email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s
email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject
line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File
sizes greater than 25MB in size may be uploaded to the City Clerks’ Office upon special arrangement of
the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed,
and that the Recipient is separately notified via email of same, prior to the given deadline.
Deliver RFQs via email to the City Clerk by February 19, 2026, at 3:00 PM MST. It is the sole responsibility
of the proposing party to ensure that proposals are received prior to the closing time as late submittals
will not be accepted and will be returned unopened.
The email address for submission is: procurement@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender
identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded
entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting entity,
or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age,
marital status, national origin, or because of actual or perceived sexual orientation, gender identity or
disability and which also recognizes the eventual contract will contain a provision prohibiting
discrimination as described above and that this prohibition on discrimination shall apply to the hiring and
treatment of the submitting entity’s employees and to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ
and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the
Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of
Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication
and has read the material.
The City of Bozeman, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will
affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation
and will not be discriminated against on the grounds of race, color, or national origin in consideration for
an award.
Failure to comply with the above may be cause for the City to deem the submittal non-responsive.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk
(406) 582-2321, procurement@bozeman.net.
Questions relating to the RFQ should be directed to: Taylor Lonsdale, Transportation Engineer,
tlonsdale@bozeman.net.
DATED at Bozeman, Montana, this January 24, 2026.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Saturday, January 24, 2026
Saturday, February 7, 2026
I. INTRODUCTION
The City of Bozeman (Owner) is seeking qualifications from firms for professional services to
support the implementation of two Safe Streets and Roads for All (SS4A) grant awards.
The Owner intends to enter a contract with the selected team of firms that will include execution
of the scope of work outlined in this RFQ.
This RFQ shall not commit the Owner to enter into an agreement, to pay any expenses incurred in
preparation of any response to this request, or to procure or contract for any supplies, goods or
services. The Owner reserves the right to accept or reject all responses received as a result of this
RFQ if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFQ, all Submitters agree to be bound by the laws of the State of Montana and
of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes,
building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. PROJECT BACKGROUND
In 2022, Bozeman City Commission adopted the Streets Are for Everyone (SAFE) Action Plan
following the tragic death of two community members while riding bicycles. This leadership
established a vision for how the city will implement a Safe Systems Approach with a clear goal of
eliminating serious injuries and fatalities on Bozeman's streets. To strengthen this effort, the City
of Bozeman applied for and was awarded a Safe Streets and Roads for All (SS4A) Planning and
Demonstration Grant in 2023 to complete a Comprehensive Safety Action Plan and demonstrate
the use of advanced safety data collection equipment at selected signalized intersections.
In 2024, the city applied for and was awarded a SS4A Supplemental Planning and Demonstration
Grant to augment the initial planning and demonstration grant by funding additional planning
activities, additional safety data collection equipment, and a safety data platform to support plan
development and evaluation. (See Attachment C)
This RFQ is for the professional services associated with the development of the Comprehensive
Safety Action Plan. The City of Bozeman will procure the equipment and safety data platform via
separate RFPs. These demonstration activities will directly support the development of the safety
plan.
The budget identified in the grant applications can be found below. Deviations from the
allocations may be possible but will require justification and will require an amendment to the
grant agreements with FHWA.
Consultant Support for Action Plan Development $250,000
III. SCOPE OF SERVICES
The preliminary scope of work involved for this project is outlined below. Additional tasks and
work elements may be added during contract negotiations. It is also possible that tasks or
elements could be deleted through negotiation. In its proposal, the consultant may recommend
addition/deletion of tasks or modification of tasks in describing its understanding and approach
for the project.
A. Comprehensive Safety Action Plan
The Plan shall include the core components as identified in the Notice of Funding Opportunity and
summarized on the Comprehensive Safety Action Plans webpage. (See also Attachment D)
They are:
Leadership commitment and goal setting
Planning structure
Safety analysis
Engagement and collaboration
Policy and process changes
Strategy and project selections
Progress and transparency
The scope of work will generally follow the above requirements and include the following:
Project Materials:
The selected firm will be responsible for preparation of materials needed to
communicate project intent and progress to City leadership, citizen advisory
boards, and staff. These materials will evolve with the project and be utilized for
communication throughout the project.
Community Engagement:
The selected firm will be responsible for the implementation of the projects
Community Engagement plan that will be developed based on Engage Bozeman.
Data Collection/Compilation and Analysis:
SS4A Action Plans are data driven plans. The selected firm will be the lead on
compiling and analyzing the data required to document the existing conditions
and historical trends that provide a baseline level of crashes for all road users
across the city. The city’s intent is for the selected team to utilize the safety data
platform and the advanced safety data collected under the demonstration portion
of the project to complete this deliverable. Under the Safe Systems approach
particular emphasis will be placed on serious injury and fatal crashes. Analysis of
systemic and specific safety needs is also required (e.g., high-risk road features,
specific safety needs of relevant road users, public health approaches, analysis of
the built environment, demographic data, and structural issues, in addition to any
required by the City). The analysis will focus on the city’s arterial and collector
network but may include all roadways within the city’s jurisdiction, regardless of
ownership. The city will provide copies of any city-maintained documents, plans,
geospatial data, and other background information desired by the firm. The
selected firm should identify other sources of data they intend to use.
Policy:
The selected firm will evaluate existing policies, plans, guidelines, standards, and
similar documents to identify opportunities to improve how the city can prioritize
transportation safety. The Action Plan should discuss implementation through the
adoption of revised or new policies, guidelines, standards, etc. The Plan should set
a target date for zero serious injuries and fatalities.
Programs:
The Plan needs to include identification of programmatic strategies aimed at
eliminating serious injury and fatal crashes. These strategies should follow a Safe
Systems approach.
Projects:
The Plan must include a prioritized list of projects shaped by data, stakeholder
input, and equity that implement proven countermeasures to address identified
safety needs. These projects should follow the Safe Systems approach. Data
limitations should be identified and mitigated, and prioritization criteria should be
summarized.
Progress and transparency are critical in the planning process. As such the chosen firm
should be prepared to provide information that supports accurate and open sharing of
information across platforms for the community and stakeholders, as requested by the
city. The Plan must be formatted to be ADA compliant and ready for inclusion on the
City’s website.
Proposals must clearly identify any elements of the proposed scope of work that would not be
provided by the prime consultant. Any sub-consultants which comprise the overall consultant team
must be identified along with a description of past working history between the firms.
The city desires to complete the proposed work in a diligent manner. Proposals must clearly indicate
the consultant’s anticipated schedule given their staffing and current and projected workload
commitments.
IV. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
Deliver RFQs via email to the City Clerk (procurement@bozeman.net) by February 19, 2026, at
3:00 PM MST.
It is the sole responsibility of the proposing party to ensure that proposals are received prior to
the closing time as late submittals will not be accepted and will be returned. All proposals must
be provided as a single, searchable PDF document file and be submitted digitally as an email
attachment to the RFQ Recipient email address procurement@bozeman.net. Respondents are
advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be
allowed per response. The subject line of the transmittal email shall clearly identify the RFQ title,
company name and due date/time. File sizes greater than 25MB in size may be uploaded to an
alternate submission method upon special arrangement of the Recipient; however, it is the
respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is
separately notified via email of same, prior to the given deadline.
A. Contact Information
ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ MUST BE SUBMITTED IN WRITING
TO:
Taylor Lonsdale, PE
P.O. Box 1230
Bozeman, MT 59771-1230
tlonsdale@bozeman.net
Amendments to Solicitation
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 12:00 PM MST on February 11, 2026.
B. Selection Timeline
Advertising dates: January 24, and February 7, 2026
Receipt of RFQs: No later than 3:00 p.m. MST February 19, 2026
RFQ Review Complete by Committee: March 6, 2026
Selection: March 10, 2026
With the exception of the advertising dates and advertised due date, the City reserves the
right to modify the above timeline.
V. SELECTION PROCEDURE
A. STATEMENT OF QUALIFICATIONS
Respondents must comply with the mandatory requirements provided in this solicitation.
The selection process shall be conducted pursuant to all applicable Montana law including
those criteria set forth in §18-8-204, MCA and applicable City policy.
1. Evaluation of RFQs. The selection committee shall consist of no less than three
persons representing the City. The selection committee will review conforming
RFQ responses using the criteria listed above. RFQ responses that do not contain
the required documentation will be deemed nonresponsive to this solicitation and
may be rejected.
2. Revisions. Responses will be accorded fair and equal treatment with respect to
opportunity for discussion and revision of responses, and such revisions may be
permitted, after submissions and prior to award for the purpose of obtaining best
and final responses.
3. Evaluation & Elimination. After evaluating all conforming responses based on the
criteria herein the selection committee may eliminate one or more or all
Respondents from further review if they do not meet the qualification criteria
specified herein. Any Respondents eliminated by the selection committee, at any
time, or for any reason, shall have no opportunity to make revisions or participate
further in the selection process.
4. Interviews. After reviewing conforming RFQ responses, the selection committee
may decide to schedule interviews with qualified respondents.
5. Selection and Final Recommendation. The selection committee will tally the
scores for the RFQ. At that time contract negotiations will take place between the
City and successful Respondent. The City may negotiate a contract with the next
highest ranked Respondent if a contract cannot be made.
B. RFQ – FORM AND CONTENTS
Deliver one (1) digital copy prepared as follows:
i. General Instructions:
a. RFQ responses must be signed by an officer or principal of your firm.
b. RFQ responses must be contained in a single searchable PDF document not to
exceed 20 pages total including whatever pictures, charts, graphs, tables, and
text the firm deems appropriate to be part of the review of the firm's
qualifications. A separate transmittal letter, cover page, cover sheets, and
dividers are exempted from the page limit.
c. Schedules may be submitted in addition to the page limit.
d. Respondents must comprehensively read the attached Professional Services
Agreement template (Attachment B), including but not limited to requirements
under section 7, “Indemnity/Waiver of Claims/Insurance”, and provide the city
with any expected revisions. The City of Bozeman will not consider changes to
Section 7 of the agreement.
e. Respondents must sign and submit the City of Bozeman’s Non-Discrimination
Affirmation. ( Attachment A)
ii. Firm Information:
a. Firm Background and Qualifications: Provide information about the Prime firm,
including location, along with all subconsultants and contractors. Describe the
firm’s history. Include information identifying the firm’s annual volume of
business, financial/bonding capacities, and speak to the firm’s stability in the
marketplace. Information identifying the firm’s strengths and weaknesses
along with special capabilities that may be appropriate to the Project will assist
in the evaluation.
b. Related experience with projects like the Scope of Work: Respondent must
demonstrate successful experience and capacity to act as a contractor on
projects of similar size, type, and complexity. Provide the name and location of
each project, the client, and the contact person and phone number. Describe
experience and qualifications of the professional personnel to be assigned to
this project.
c. Resumes of lead staff included in project: Provide detailed resumes of staff that
will be assigned to work on this project, including relevant project experience
and specialties or focus on their work.
d. Description of Project Approach: Present a detailed description of the
respondent’s preliminary project approach that relates to the scope of work
presented in this RFQ. This may include tasks identified by the respondent as
being included in their execution of the scope of work but not listed in this RFQ.
e. Ability to meet schedule and budget: Respondent to provide the firm’s ability
to meet the general schedule and budget (if provided) as outlined in this RFQ.
f. Present and projected workloads: Provide the status of current and anticipated
work within the firm in terms of time and magnitude for the anticipated Project
schedule as it relates to availability of key personnel and your firm. Describe
the firm’s capability to meet time and project budget requirements.
g. Recent and current work for the City of Bozeman: Provide a list and brief
description of recent projects executed for the City of Bozeman. If current staff
featured in the proposal also worked on these projects, mention that.
h. Claims. At any time in the last ten (10) years has your firm been assessed and
paid liquidated damages after completion of a project under a contract with a
public owner?
i. References: Provide detailed contact information for the Owner for at least
three (3) projects undertaken by your firm within the past five (5) years.
C. EVALUATION CRITERIA
Qualifications will be evaluated by the Selection Committee who will individually score
them out of a total of 100 possible points based on the criteria below. The scoring
criteria and possible point values are:
Firm Background and Qualifications (30 points)
Related Experience (20 points)
Project Approach (20 points)
Resumes of lead staff included in project (15 points)
Ability to meet schedule and budget (5 points)
Present and projected workloads (5 points)
Office location(s) (5 points)
VI. FORM OF AGREEMENT
The city intends to enter a cost-plus contract with the selected firm. (See Attachment B)
VII. CITY RESERVATION OF RIGHTS
All proposals submitted in response to this RFQ become the property of the City and public records
and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON
ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY
RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR
QUALIFICATIONS AT A LATER DATE.
A. This RFQ may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises this
RFQ, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all submissions; to add or delete items
and/or quantities; to amend the RFQ; to waive any minor irregularities, informalities, or
failure to conform to the RFQ; to extend the deadline for submitting proposals; to postpone
award for up to 60 days; to award one or more contracts, by item or task, or groups of items
or tasks, if so provided in the RFQ and if multiple awards are determined by the City to be in
the public interest.
C. The City reserves the right to reject the submission of any person/firm who previously failed
to perform properly to the satisfaction of the City, or complete on time agreements of similar
nature, or to reject the submission of any person/firm who is not in a position to perform
such an agreement satisfactorily as determined by the City.
D. The City reserves the right to determine the best qualified Respondents and negotiate a final
scope of service and cost, negotiate a contract with another Respondents if an agreement
cannot be reached with the first selected Respondents, or reject all proposals.
E. The successful Respondents will be required to enter into a contract with the City, which will
incorporate the Respondents' scope of service and work schedule as part of the agreement.
F. This RFQ does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by Respondents in responding to this request for
qualifications or request for interviews, additional data, or other information with respect to
the selection process, prior to the issuance of an agreement, contract or purchase order. The
Respondents, by submitting a response to this RFQ, waives all right to protest or seek any
legal remedies whatsoever regarding any aspect of this RFQ.
G. This project is subject to the availability of funds.
VIII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate
form provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age,
marital status, national origin, or because of actual or perceived sexual orientation, sexual
preference, gender identity, or disability in fulfillment of a contract entered into for the services
identified herein and that this prohibition on discrimination shall apply to the hiring and
treatment of the submitting entity’s employees and to all subcontracts it enters into in the
fulfillment of the services identified herein. Failure to comply with this requirement shall be
cause for the submittal to be deemed nonresponsive.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under
this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited
the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best
practices publication and has read the material.
The City of Bozeman, in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders
that it will affirmatively ensure that any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color,
or national origin in consideration for an award.
IX. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications or
any written/email communication between any person and City officer, employee or agent
shall not be considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall constitute,
create, give rise to or otherwise be recognized as a partnership or formal business organization
of any kind between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer, employee,
contractor, or consultant of a respondent shall be an officer or employee of the City. No rights
of the City’s retirement or personnel rules accrue to a respondent, its officers, employees,
contractors, or consultants. Respondents shall have the responsibility of all salaries, wages,
bonuses, retirement, withholdings, worker’s compensation and occupational disease
compensation, insurance, unemployment compensation other benefits and taxes and
premiums appurtenant thereto concerning its officers, employees, contractors, and
consultants. Each Respondent shall save and hold the City harmless with respect to any and all
claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums in any way related to each respondent’s
officers, employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with
sensory impairments. For further information please contact the ADA Coordinator David
Arnado at 406-582-3232 or the City’s TTY line at 406-582-2301.
E. Procurement. When discrepancies occur between words and figures in this solicitation, the
words shall govern. No responsibility shall attach to a City employee for the premature opening
of an SOQ not properly addressed and identified in accordance with these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws of the
State of Montana, without reference to principles of choice or conflicts of laws.
X. ATTACHMENTS
The following exhibits are incorporated in this RFQ:
Attachment A: Non-Discrimination Affirmation
Attachment B: Professional Services Agreement Sample
Attachment C: 2023 and 2024 SS4A Applications
Attachment D: SS4A Comprehensive Safety Action Plan Components
Attachment E: Exhibits to FHWA Grant Agreements Under SS4A
END OF RFQ
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and acknowledges and
understands the eventual contract will contain a provision prohibiting discrimination as described above
and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees
and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby affirms it will
abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best
practices publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Attachment B
Professional Services Agreement Template
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 1 of 13
Attachment B
SAMPLE PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred
to as “Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
Cost shall include:
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 2 of 13
a. Cost. Cost is the actual cost of the work. Through the negotiations process, the
OWNER establishes a ceiling or upper limit on a cost-plus-fixed-fee contract. Federal
regulations (23 CFR 172) require a contract ceiling / upper limit in cost plus fixed fee
contracts.
b. Fixed Fee. Fix Fee is the negotiated fee and a set dollar amount in the agreement,
including profit, of the Consultant. Up to the equivalent of percent of labor and overhead to
the date of the invoice, the Consultant may claim partial payment of the Fixed Fee. If tasks
within the Scope of Services are not completed, no Fixed Fee will be billed for those tasks.
No Fixed Fee will be billed for construction engineering services that are not performed.
Subject to the foregoing, the entirety of the Fixed Fee for tasks completed within the Scope of
Services may be billed at Final Payment.
c. Direct Costs. Direct costs shall be in conformance with 48 CFR Part 31, and the
AASHTO Uniform Audit & Accounting Guide, and may include the cost of Subconsultants.
The Consultant certifies that any projected salary rate increases included in the Proposal are
based on reasonably on the Consultant’s usual and customary practices. Prior written approval
of the OWNER is required for overtime compensation.
d. Indirect Costs, applicable to Consultant and Subconsultants. Generally, after the
execution of this agreement, the OWNER will give Notice of the Indirect Costs (IDC) rates
that will be applied to this Agreement. Such notice is incorporated herein by the reference.
The IDC rate and supporting documentation must be calculated and submitted in accordance
with 23 CFR §172 using the cost principles of 48 CFR Part 31. The Consultant will establish
the IDC rate based on the Consultant’s Accounting Period. In no event will the IDC rate cause
an increase or decrease in the Fixed Fee. The Consultant must keep on file with the OWNER
an accepted Certification of Indirect Costs. For purposes of compensation, the rights and
obligations of the Consultant set forth in this Section shall apply to the Subconsultant. Each
Subconsultant shall submit to the irrevocable commitment option specified by the Consultant.
i. An Indirect Cost Rate is required, except when total compensation is less than or equal
to Fifty Thousand Dollars ($50,000); and Consultant/Subconsultant does not have a
current, OWNER-accepted indirect cost rate or cognizant audit; or Subconsultant is
providing vendor-type services or contract labor and does not have a current,
OWNER-accepted indirect costs rate or cognizant audit.
ii. An unaudited indirect cost rate is acceptable when the Total Compensation is less than
or equal to Two Hundred Fifty Thousand Dollars ($250,000); and a Risk Assessment
determines an unaudited indirect cost rate is acceptable.
iii. An audited indirect cost rate is required when The Total Compensation is more than
Two Hundred Fifty Thousand Dollars ($250,000); or a Risk Assessment determines
that an audited indirect cost rate is required.
iv. In unique cases, Negotiated or Provision Indirect Cost Rates may be used, as described
in MDT’s Consultant Services Manual, if all parties agree.
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 3 of 13
v. Due date.
1. Due date (Audited). If an audited indirect cost rate is required, within thirty
(30) days of the date of an independent auditor’s report setting the
consultant’s audited overhead rate, the new bona fide audited IDC rate must
be submitted to the OWNER as part of the Risk Assessment Package.
2. Due date (Unaudited). If an unaudited indirect cost rate is required, within
thirty (30) days of its calculation, a bona fide IDC rate must be submitted to
the OWNER as part of the Risk Assessment Package.
3. At the OWNER’s sole discretion, the Consultant shall pay the OWNER
liquidated damages at the rate of One Hundred Dollars ($100.00) per day for
each day after the Due Date.
vi. Effective date.
1. The IDC rate expires one (1) yar after the end of the Accounting Period.
2. Before the end of the Grace Period, defined as six (6) months following the
expiration of the IDC rate, the Consultant shall submit a new IDC rate.
3. An IDC rate submitted within the Grace Period is effective as the first day of
the month following the month of the OWNER’s letter of acceptance; except,
an IDC rate not accepted by the OWNER by the end of the Grace Period is
retroactive to the end of the Grace Period.
4. A bona fide IDC rate received after the expiration of the Grace Period is
retroactive to the date it is received by the OWNER.
5. In the event the OWNER, in its sole discretion, determines that the submitted
IDC rate is not bona fide the rate will be effective on the date accepted and
will not be retroactive.
6. Failure by the Consultant to provide an IDC rate, as required herein, may
result in a One Hundred Percent (100%) forfeiture of the IDC rate portion
for services rendered after the Grace Period.
vii. The Consultant shall commit, irrevocably for the duration of this Agreement, to one
of two options:
1. Consultant’s IDC rate will remain fixed through the term of this Agreement.
In the event of any extension of the term of this Agreement, then the
Consultant shall provide its new rate; or if a new rate is unavailable, then a
new rate will be negotiated by the parties.
2. Following the same procedure as for the original submission, the
Consultant’s IDC rate will be submitted annually, within the Grace Period.
viii. The Consultant may request exceptions to the requirements of this section on a case-
by-case basis, and the OWNER will consider these exceptions. Any exceptions, if
approved, must be in writing and must comply with all applicable laws, regulations,
policies, and procedures.
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 4 of 13
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise
or materialize which in turn cause any services to cease for any period of time, Contractor specifically
agrees to take immediate steps, at its own expense and without expectation of reimbursement from
City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall
take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 5 of 13
costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit
the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 6 of 13
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 7 of 13
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 8 of 13
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _______________ 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, Contractor may direct its communication or submission to other designated
City personnel or agents as designated by the City in writing and may receive approvals or
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 9 of 13
authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against
people with disabilities in all services, programs, and activities offered or made available by the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the City, Contractor must use the City style guide
when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act,
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 10 of 13
all digital content, documents, or web applications must also adhere to level A and AA Success
Criteria and Conformance Requirements as defined by the current Web Content Accessibility
Guidelines (WCAG).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the City refuses digital content because it is non-compliant with the City style guide, Section 508 of
the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content
compliant and redelivered at no additional cost to the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 11 of 13
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 12 of 13
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
Professional Services Agreement for SS4A Safety Action Plan and Demonstration Activities
Page 13 of 13
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Attachment C
2023 and 2024 SS4A Applications
SS4A Planning and Demonstration Grant Application (CFDA #20.939)
City of Bozeman, MT
Background
In 2022, the Bozeman City Commission adopted the Bozeman Streets Are For Everyone (SAFE)
Action Plan following the tragic death of two members of the community while riding bicycles.
This leadership set the vision for how the city will move forward implementing a Safe Systems
Approach with an explicitly stated goal of eliminating serious injury and fatal crashes on the
streets of Bozeman. To strengthen this effort, the City of Bozeman is applying for a Safe Streets
and Roads for All Planning and Demonstration Grant to complete a Comprehensive Safety
Action Plan.
Selection Criteria #1: Safety Impact
As shown by the USDOT’s National Roadway Safety Strategy, Bozeman has a strong culture of
safety demonstrated by our low percentage of roadway fatalities. The most recent FARS data
indicates a 5-year (2017-2021) fatality count of five and a resultant fatality rate of 1.87.
However, we remain one of the fastest growing areas of the country with a population expected
to double over the coming decade and require a concerted effort to welcome more into our
community while reinforcing our commitment to safety for all.
Selection Criteria #2: Equity
The Action Plan will be guided by the Engage Bozeman Initiative which was adopted by the City
Commission in 2021. The plan will conform to our Belonging in Bozeman – Equity and
Inclusion Plan to ensure that equity is centered in the planning efforts undertaken by the Action
Plan. While traditional measures indicate 4.88% of our population resides in underserved census
tracts, Belonging in Bozeman addresses a growing need to reach those dispersed throughout our
community who currently lack support. Of particular concern in Bozeman is a recent drastic
increase in housing costs that has resulted in an increase in population of unhoused and housing-
insecure. Using data and input from equity stakeholders, Bozeman will select strategies and
projects to directly address the roadway safety problems that protect those in our community
who choose or need transport other than car.
Selection Criteria #3: Additional Safety Context
Plan development will be founded on analysis of existing conditions including locations,
severity, contributing factors, and crash types for all road users. The safety analysis will include
evaluation of systemic safety needs by user type. Goals will ultimately include identification of
high-crash and high-injury routes and intersections as well as suggested countermeasures to
address the identified safety concerns. Of particular interest will be strategies for arterial speed
management and intersection safety.
If awarded, the City of Bozeman will use a portion of the SS4A funds to hire a consultant to
assist city staff in the development of the Safety Action Plan. The city Transportation Board will
assist City Commission in oversight of the plan which will be led by the city’s Department of
Transportation and Engineering. Robust public engagement will be provided through all phases
of planning by developing a project-specific Engagement Plan using our Engage Bozeman
Initiative.
Action plan strategies and projects will be incorporated into the Bozeman Long Range
Transportation Plan (TMP). The TMP serves as the guiding document for development of the
city’s Capital Improvement Plan, under which a project is required to be identified before it can
be budgeted for construction. The inclusion of this sub-plan directly in the TMP will be a first for
the city and signal our commitment to funding necessary safety projects that come out of the
Action Plan.
Additionally, the City of Bozeman recently crossed the population threshold to become an MPO.
As such, the City of Bozeman, Gallatin County, and the City of Belgrade are currently advancing
toward MPO designation. The work of developing this Action Plan will be leveraged in the
development of the MPO Long Range Transportation Plan and the Unified Planning Work
Program. By incorporating the efforts of the Action plan into these guiding documents of the
MPO, the investment into the Action Plan will be realized across the MPO planning area,
extending the impact of the investment.
Supplemental Planning/ Demonstration Activities
The City of Bozeman will use grant funding to purchase and install advanced technology at key
signalized intersections to collect supplemental data and to demonstrate strategies that aim to
eliminate serious injury and fatal crashes. The addition of ITS equipment to existing signal
systems will enable the Bozeman to collect data on red light running, speeding, and near misses.
Montana state law prohibits the use of cameras for enforcement, increasing the need for data
collection on speeding and red light running to help inform Action Plan strategies to mitigate
these safety problems. Implementation of these demonstration activities will proceed
immediately upon execution of the grant agreement. Procurement and installation of the
equipment will be complete within 6 months of the agreement. Initial data collection will be for
3 months. Based on the data collected, demonstration strategies will be identified and
implemented over a period of 3 months. Data to evaluate the strategies will be collected for 3
months. Results of the demonstration projects will build evidence related to strategies that are
effective in eliminating identified safety problems. The total time for the supplemental planning
and demonstration activities is 15 months and will take place concurrently with the development
of the Action Plan. With an anticipated agreement date of January 1, 2024, the demonstration
project implementation will be complete by April 1, 2025.
Budget Discussion
The City of Bozeman will use $150,000 of Federal funds to hire a consultant to assist city staff in
the Action Plan development process. Additionally, we request $50,000 in Federal demonstration
activity funds to purchase hardware and software that will enable advanced technology traffic
signal safety data collection and analysis, as described above. The cost of the hardware is
anticipated to be $62,500 and the software is $37,500. The City’s contribution of $50,000 will
cover the balance of those costs, bring the total project budget to $250,000.
SS4A Planning and Demonstration Grant Application (CFDA #20.939)
City of Bozeman, MT
Background
In 2022, the Bozeman City Commission adopted the Bozeman Streets Are For Everyone (SAFE)
Action Plan following the tragic death of two members of the community while riding bicycles.
This leadership set the vision for how the city will move forward implementing a Safe Systems
Approach with an explicitly stated goal of eliminating serious injury and fatal crashes on the
streets of Bozeman. To strengthen this effort, the City of Bozeman is applying for a Safe Streets
and Roads for All Planning and Demonstration Grant to complete a Comprehensive Safety
Action Plan.
Supplemental Planning and Demonstration Activity Budget Discussion
The City of Bozeman requests $150,000 of Federal funds to hire a consultant to assist city staff
with the development of an Action Plan development. The City of Bozeman requests $50,000 in
Federal demonstration activity funds to purchase hardware and software to enhance the City’s
data collection efforts. The addition of ITS equipment to existing signal systems will enable
Bozeman to collect data on red light running, speeding, and near misses. The City will
implement demonstration strategies that address the specific safety problems identified and
utilize this new equipment to collect follow up data to evaluate each strategy. The results of these
demonstration activities will inform the development of the Action Plan and will build evidence
around counter measures that work. The cost of the hardware is anticipated to be $62,500 and the
software is $37,500. Coupled with the $50,000 in Federal demonstration activity funds, the City
contribution of $50,000 will cover the anticipated $100,000 cost to demonstrate the technology
and evaluate the identified strategies.
Budget Summary
Federal Action Planning Funds $150,000
Federal Demonstration Activity Funds $50,000
Total Federal Funds Request $200,000
Applicant Funds (Non-Federal) $50,000
Total Project Budget $250,000
VERSION 5.6, RELEASED MAY 19, 2023
Report Generated: Tuesday, June 20, 2023 (3:13:00 PM)
1Fatality Analysis Reporting System (FARS): 2017-2020 Final File and 2021 Annual Report File (ARF)
Data Sources:
National Highway Traffic Safety Administration (NHTSA) Motor Vehicle Crash Data Querying and Reporting
Fatal Motor Vehicle Crashes
State: Montana and City: Bozeman
Years: 2017-2021
Fatal Motor Vehicle Crashes 1
Crash
Date
(Year)Crash Date (Month)
January March July August December Total
2019 0 0 0 0 1 1
2021 1 1 1 1 0 4
Total 1 1 1 1 1 5
City of Bozeman Supplemental Planning and Demonstration Project
SS4A Planning and Demonstration Grant Application (CFDA #20.939)
Overview
In 2022, the Bozeman City Commission adopted the Bozeman Streets Are For Everyone (SAFE)
Action Plan which set the vision for how the city will move forward implementing a Safe
Systems Approach. In 2023, the City of Bozeman applied for and received a Safe Streets and
Roads for All Planning and Demonstration Grant to develop a Comprehensive Safety Action
Plan in support of the vision established in the SAFE plan. Details of the activities included in
that project can be found in the attached application from 2023.
The City’s proposed 2024 SS4A Supplemental Planning and Demonstration Project will
supplement those planning and demonstration activities by funding expanded data analysis, data
collection equipment, and additional consultant support to complete the full scope of Action Plan
development.
Supplemental Planning Activity #1 proposes to fund the implementation of a safety data
platform for three years during and immediately following the completion of our Action Plan.
The City seeks an innovative platform to bring together crash data with additional data such as
demographic information, travel speeds, or near miss information. Utilizing this platform will
enable Bozeman to establish a more holistic view of our high injury network, better identify
safety issues, evaluate countermeasures, and then track progress toward the goals identified in
the Action Plan. This three-year use seeks to establish the value of this innovative technology
with the intent of securing support for local funding to continue and expand its use in the future.
Supplemental Planning Activity #2 proposes to fund additional consultant support for
development of the Action Plan. Bozeman has seen a dramatic rise in consultant costs since our
2023 application was submitted and may not be able to complete the full intended scope of the
plan without additional funding. The requested supplemental funds will help to offset this
increase in cost as well as ensuring that we can fully incorporate the additional data and
expanded analysis capabilities into the Action Plan.
Finally, Demonstration Activity #1 proposes to purchase and install advanced safety data
collection equipment at an additional four key signalized intersections. These installations will
collect data on red light running, speeding, and near misses and demonstrate strategies that aim
to eliminate serious injury and fatal crashes. As Bozeman grows this increased capacity for data
collection and analysis becomes even more critical.
Location
Bozeman, Montana, located in Gallatin County in southwest Montana, is well-known for
recreational amenities, access to national parks, and a high-performing university. These
resources have drawn explosive growth and soaring housing prices: from 2020 to 2022,
Bozeman’s grew at a rate of 5.3%, making it the fastest growing micropolitan city in the country.
With the 2020 Census, Bozeman crossed the threshold for a metropolitan planning organization
(MPO) and the Gallatin Valley MPO was designated in January of 2024.
Response to Selection Criteria
Selection Criteria #1: Safety Impact
As shown by the USDOT’s National Roadway Safety Strategy, Bozeman has a strong culture of
safety demonstrated by our low percentage of roadway fatalities. The most recent FARS data
indicates a 5-year (2017-2021) fatality count of five and a resultant fatality rate of 1.87.
However, we remain one of the fastest growing areas of the country with a population expected
to double over the coming decade. The supplemental funding requested for this project supports
Bozeman’s capacity to deliver a holistic, data driven Action Plan that will guide growth while
reinforcing our commitment to safety for all.
Selection Criteria #2: Equity
All activities funded through the supplemental planning and demonstration grant will be guided
by the Engage Bozeman Initiative which was adopted by the Bozeman City Commission in
2021. All activities will conform to our Belonging in Bozeman – Equity and Inclusion Plan to
ensure that equity is centered in the efforts undertaken. While traditional measures indicate
4.88% of our population resides in underserved census tracts, Belonging in Bozeman addresses a
growing need to reach those dispersed throughout our community who currently lack support.
The implementation of a safety data platform will enhance the ability to analyze the collected
safety data. Including data such as household income or access to vehicles in the analysis will
ensure the Action Plan centers equitable investment in the safety needs of underserved
communities.
Selection Criteria #3: Additional Safety Context
Since applying for an SS4A Planning and Demonstration grant in 2023, Bozeman has identified
additional opportunities to bring emerging and innovative technology to the development of the
Action Plan. Through the utilization of big data and machine learning, safety data platforms have
been developed that generate predictive safety analysis. These platforms can layer demographic
data with traditional crash and other safety data, to enable a more holistic evaluation. Utilization
of safety data platforms promotes equity in the in the assessment of and investment in safety
needs to prevent fatalities and injuries in underserved communities.
The supplemental planning funds will support additional engagement with both public and
private stakeholders around the utilization of the safety data platform and the opportunities it
brings to center equity in the development of the plan.
Bozeman is a key member of the recently designated Gallatin Valley MPO. The additional data
collection equipment and the safety data platform can be leveraged in the development of the
MPO’s Long Range Transportation Plan and the Unified Planning Work Program to ensure that
the safety components of these documents are supported by robust data that will evolve along
with the MPO and the City. By incorporating the supplemental planning and demonstration
efforts into the guiding documents of the MPO, the impact of this investment will be realized
across the wider geographical area of the MPO planning area.
2024 City of Bozeman SS4A Planning and Demonstration Grant Supplemental Budget
Activities SS4A Funding Request Total Project Cost
Subtotal Budget to Develop an Action Plan $0.00 $0.00
Supplemental Planning Activity #1 $115,200.00 $144,000.00
Supplemental Planning Activity #2 $80,000.00 $100,000.00
Supplemental Planning Activity #3 $0.00 $0.00
Subtotal Budget to Conduct Supplemental Planning $195,200.00 $244,000.00
Demonstration Activity #1 $80,000.00 $100,000.00
Demonstration Activity #2 $0.00 $0.00
Subtotal Budget to Carry Out Demonstration Activities $80,000.00 $100,000.00
Itemized Estimated Costs to Develop an Action Plan
Itemized Estimated Costs to Conduct Supplemental Planning
Itemized Estimated Costs to Carry Out Demonstration Activities
The City of Bozeman requests a total of $275,200 in SS4A Planning and Demonstration supplemental funding to support the development of
a Comprehensive Safety Action Plan. Bozeman will contribute $68,800 in matching funds to bring the project total to $344,000.
The request includes a total of $195,200 in SS4A Supplemental Planning funds. The City will contribute $48,800 in matching funds bringing
the subtotal for Supplemental Planning activities to $244,000. Supplemental Planning Activity #1 is the implementation of a safety data
platform. The estimated budget includes initial implementation and three years of software as service support for the platform. Supplemental
Planning Activity #2 is for consultant support to complete the full scope of the City’s SS4A Action Plan development.
Bozeman also requests $80,000 in SS4A Supplemental Demonstration Activity funds to purchase additional ITS hardware and software that
will expand the City’s ability to collect safety data at signalized intersections. The City will contribute $20,000 in matching funds bringing
the subtotal for Supplemental Demonstration Activities to $100,000.
City of Bozeman SS4A Supplemental Planning & Demonstration Grant
City of Bozeman
City of Bozeman, Montana, Earthstar Geographics
City_Limits
Montana DOT Routes
NI-NHS
Urban
Secondary
Primary
Interstate
Street Classification (future)
Principal Arterial
Minor Arterial
Collector
5/16/2024
0 1 20.5 mi
0 1.5 30.75 km
1:72,224
To start use selectors, search, or zoom
For additional instructions click the arrow on the left side of the page
State Selector
Montana
County Selector
Select State First
Community Selector
Bozeman, City of (MT)
MPO Selector
All MPOs
Bozeman GIS, Montana State Library, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, USFWS | DO…Powered by Esri
Legend
DOT Disadvantage Census TractsNational Results
No
Yes
Insufficient Data
CEJST v1.0 Disadvantaged Tracts
CEJST Disadvantaged
Total Population Living in theSelectedProjectArea
72.6k
Total Population Living in Disadvantaged CensusTractsintheSelectedProjectArea
2.6k
% of Disadvantaged Census Tracts in the
Selected Project Area
6%
- Component Scores are distinct from Indicator Scores. For more information please see - Understanding the Data.
- Index scores for Alaska, Hawaii and the territories are calculated separately due to unavailable data for certain indicators. The Explorer visualizes unavailable indicator data as '0' values.
- If viewing on a laptop and the dashboard does not display properly- right click on your desktop, select display options, and adjust the zoom to an appropriate resolution (usually 100%).
Overall Disadvantage Component Scores - Percentile Ranked
35%
38%
29%
41%
65%
Climate & Disaster Risk Burden
Environmental Burden
Health Vulnerability
Social Vulnerability
Transportation InsecurityComponents
0%20%40%60%80%100%
Disadvantaged
Relatively Low <-----> Relatively High
Climate & Disaster Risk Burden - Percentile Rank
30%
41%
46%
AnticipatedChanges inExtremeWeather
AnnualizedDisasterLosses
ImperviousSurfaces(from LandCover)Indicator0%20%40%60%80%100%
Disadvantaged
Relatively Low <-----> Relatively High
Click on the tab above to change component category. Once selectors are used, click button to reset map ----->
Climate & Disaster
ETC Explorer - Homepage ETC Explorer - National Results ETC Explorer - State Results ETC Explorer- Add Your Data (National and State Results)Transportation Insecurity Analysis Tool Understanding the Data
USDOT Equitable Transportation Community (ETC) Explorer
VERSION 7.2, RELEASED APR 01, 2024
Report Generated: Tuesday, May 14, 2024 (2:28:18 AM)
1Fatality Analysis Reporting System (FARS): 2017-2021 Final File
Data Sources:
National Highway Traffic Safety Administration (NHTSA) Motor Vehicle Crash Data Querying and Reporting
Fatal Motor Vehicle Crashes
State: Montana and City: Bozeman
Years: 2017-2021
Fatal Motor Vehicle Crashes1
Crash
Date
(Year)Crash Date (Month)
January March July August December Total
2019 0 0 0 0 1 1
2021 1 1 1 1 0 4
Total 1 1 1 1 1 5
Attachment D
SS4A Comprehensive Safety Action Plan Components
SAFE STREETS AND ROADS FOR ALL
COMPREHENSIVE SAFETY ACTION PLAN COMPONENTS
1. Leadership Commitment and Goal Setting
Leadership commitment and goal setting is an official public commitment (e.g.,
resolution, policy, ordinance) by a high-ranking official and/or governing body
(e.g., mayor, city council, Tribal council, metropolitan planning organization [MPO]
policy board) to an eventual goal of zero roadway fatalities and serious injuries.
The commitment must include a goal and timeline for eliminating roadway
fatalities and serious injuries achieved through one, or both, of the following:
1. The target date for achieving zero roadway fatalities and serious injuries, or
2. A percentage reduction of roadway fatalities and serious injuries by a
specific date with an eventual goal of eliminating roadway fatalities and
serious injuries.
2. Planning Structure
A planning structure is a committee, task force, implementation group, or similar
body charged with oversight of the Action Plan development, implementation, and
monitoring.
3. Safety Analysis
Safety analysis is analysis of existing conditions and historical trends that
provides a baseline level of crashes involving fatalities and serious injuries across a
jurisdiction, locality, Tribe, or region.
It includes an analysis of locations where there are crashes and the severity of the
crashes, as well as contributing factors and crash types by relevant road users (e.g.,
motorists, pedestrians, transit users).
Analysis of systemic and specific safety needs is also performed, as needed (e.g.,
high-risk road features, specific safety needs of relevant road users, public health
approaches, analysis of the built environment, demographics, and structural
issues).
To the extent practical, the analysis should include all roadways within the
jurisdiction, without regard for ownership. Based on the analysis performed, a
geospatial identification of higher-risk locations is developed (a high-injury
network or equivalent).
4. Engagement and Collaboration
Engagement and collaboration involve robust engagement with the public and
relevant stakeholders, including the private sector and community groups, that
allows for both community representation and feedback. Information received
from engagement and collaboration is analyzed and incorporated into the Action
Plan.
Overlapping jurisdictions are included in the process. Plans and processes are
coordinated and aligned with other governmental plans and planning processes to
the extent practicable.
5. Policy and Process Changes
Policy and process changes include assessment of current policies, plans,
guidelines, and/or standards (e.g., manuals) to identify opportunities to improve
how processes prioritize transportation safety. The Action Plan discusses
implementation through the adoption of revised or new policies, guidelines,
and/or standards, as appropriate.
6. Strategy and Project Selections
Strategy and project selections include identification of a comprehensive set of
projects and strategies—shaped by data, the best available evidence and
noteworthy practices, and stakeholder input—that will address the safety
problems described in the Action Plan. These strategies and countermeasures
focus on a Safe System Approach and effective interventions and consider
multidisciplinary activities.
To the extent practicable, data limitations are identified and mitigated.
Once identified, the projects and strategies are prioritized in a list that provides
time ranges for when the strategies and countermeasures will be deployed (e.g.,
short-, mid-, and long-term timeframes). The list should include specific projects
and strategies, or descriptions of programs of projects and strategies, and explains
prioritization criteria used. The list should contain interventions focused on
infrastructure, behavioral, and/or operational safety.
7. Progress and Transparency
Progress and transparency is a method to measure progress over time after an
Action Plan is developed or updated, including outcome data. It’s a means to
ensure ongoing transparency is established with residents and other relevant
stakeholders.
The approach must include, at a minimum, annual public and accessible reporting
on progress toward reducing roadway fatalities and serious injuries and public
posting of the Action Plan online.
Attachment E
Exhibits to FHWA Grant Agreements Under SS4A
U.S. DEPARTMENT OF TRANSPORTATION
EXHIBITS TO FHWA GRANT AGREEMENTS UNDER THE FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT PROGRAM June 13, 2024
Revised: March 17, 2025
A-1
EXHIBIT A APPLICABLE FEDERAL LAWS AND REGULATIONS
By entering into this agreement for a FY 2024 Safe Streets and Roads for All Grant, the Recipient assures and certifies, with respect to this Grant, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Project. Performance under this
agreement shall be governed by and in compliance with the following requirements, as
applicable, to the type of organization of the Recipient and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following: General Federal Legislation
a. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq.
b. Hatch Act – 5 U.S.C. 1501, et seq. c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 – 42 U.S.C. 4601, et seq. d. National Historic Preservation Act of 1966 - Section 106 – 54 U.S.C. 306108
e. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq.
f. Native American Graves Protection and Repatriation Act – 25 U.S.C. 3001, et seq. g. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. 7401, et seq. h. Section 404 of the Clean Water Act, as amended – 33 U.S.C. 1344 i. Section 7 of the Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. 1536
j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. 1451, et seq.
k. Flood Disaster Protection Act of 1973 - Section 102(a) – 42 U.S.C. 4012a l. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq. m. American Indian Religious Freedom Act, P.L. 95-341, as amended n. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq.
o. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, P.L. 91-616, as amended – 42 U.S.C. 4541, et seq. p. Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C. 290dd through 290dd-2 q. Architectural Barriers Act of 1968 – 42 U.S.C. 4151, et seq.
r. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 – 42 U.S.C.
8373 s. Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq. t. Copeland Anti-kickback Act, as amended – 18 U.S.C. 874 and 40 U.S.C. 3145 u. National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq.
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 1271, et seq.
w. Federal Water Pollution Control Act, as amended – 33 U.S.C. 1251-1376 x. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq. y. Americans with Disabilities Act of 1990 – 42 U.S.C. 12101, et seq. z. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681 through
1683 and 1685 through 1687
aa. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. 794 bb. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. 2000d, et seq.
cc. Title IX of the Federal Property and Administrative Services Act of 1949 – 40 U.S.C.
A-2
1101 -1104, 541, et seq. dd. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and
Financial Transactions – 31 U.S.C. 1352
ee. Freedom of Information Act – 5 U.S.C. 552, as amended ff. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. 1855 gg. Farmland Protection Policy Act of 1981 – 7 U.S.C. 4201, et seq. hh. Noise Control Act of 1972 – 42 U.S.C. 4901, et seq.
ii. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. 661, et seq.
jj. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C. 401 and 525 kk. Section 4(f) of the Department of Transportation Act of 1966 – 49 U.S.C. 303 ll. Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended – 42 U.S.C. 9601, et seq.
mm. Safe Drinking Water Act – 42 U.S.C. 300f to 300j-26 nn. Wilderness Act – 16 U.S.C. 1131-1136 oo. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 – 42 U.S.C. 6901, et seq.
pp. Migratory Bird Treaty Act – 16 U.S.C. 703, et seq.
qq. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub. L. 109–282, as amended by section 6202 of Public Law 110–252) rr. Cargo Preference Act of 1954 – 46 U.S.C. 55305 ss. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. 115-232
Executive Orders a. Executive Order 11990 – Protection of Wetlands b. Executive Order 11988 – Floodplain Management
c. Executive Order 12372 – Intergovernmental Review of Federal Programs
d. Executive Order 12549 – Debarment and Suspension e. Executive Order 14005 – Ensuring the Future is Made in All of America by All of America’s Workers f. Executive Order 14025 – Worker Organizing and Empowerment
g. Executive Order 14149, Restoring Freedom of Speech and Ending Federal Censorship
h. Executive Order 14154, Unleashing American Energy i. Executive Order 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing j. Executive Order 14168 Defending Women from Gender Ideology Extremism and
Restoring Biological Truth to the Federal Government
k. Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity Presidential Policy Directives and Memorandums
a. Presidential Policy Directive 21 – Critical Infrastructure Security and Resilience
b. National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Systems
A-3
General Federal Regulations a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards – 2 C.F.R. Parts 200, 1201
b. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200 c. Investigative and Enforcement Procedures – 14 C.F.R. Part 13 d. Procedures for predetermination of wage rates – 29 C.F.R. Part 1 e. Contractors and subcontractors on public building or public work financed in whole or
part by loans or grants from the United States – 29 C.F.R. Part 3
f. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 C.F.R. Part 5
g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and federally assisted contracting requirements) – 41 C.F.R. Parts 60, et seq. h. New Restrictions on Lobbying – 49 C.F.R. Part 20 i. Nondiscrimination in Federally Assisted Programs of the Department of Transportation –
Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R. Part 21
j. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 C.F.R. Part 24 k. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 C.F.R. Part 25
l. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27 m. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 C.F.R. Part 35
n. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities
Conducted by the Department of Transportation – 49 C.F.R. Part 28 o. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 C.F.R. Part 30 p. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49
C.F.R. Part 32
q. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 C.F.R. Parts 37 and 38 r. Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs – 49 C.F.R. Part 26 (as applicable under section 18.3 of
this agreement) Office of Management and Budget Circulars a. Any applicable OMB Circular based upon the specific FY 2024 Safe Streets and Roads
for All Grant Recipient.
Highway Federal Legislation a. Agreements relating to the use of an access to rights-of-way—Interstate System, 23
A-4
U.S.C. 111 b. Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant
that do not receive funding under Title 23 or Chapter 53 of Title 49)
c. Tolls, 23 U.S.C. 301 (to the extent the recipient wishes to toll an existing free facility that has received Title 23 funds in the past); except as authorized by 23 U.S.C. 129 and 166. d. Efficient Environmental Reviews - 23 U.S.C. 139 e. Policy on lands, wildlife and waterfowl refuges, and historic sites - 49 U.S.C. 303
Federal Highway Regulations a. Planning – 23 C.F.R. Part 450 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) b. National Highway System Design Standards – 23 C.F.R. Part 625
c. Location and Hydraulic Design of Encroachments on Flood Plains – 23 C.F.R. Part 650
Subpart A d. Manual on Uniform Traffic Control Devices – 23 C.F.R. Part 655 e. Environmental Impact and Related Procedures – 23 C.F.R. Part 771 f. Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section
4(f)) – 23 C.F.R. Part 774
g. Permitting Requirements under the National Pollutant Discharge Elimination System – 40 C.F.R. Part 122 Specific assurances required to be included in the FY 2024 Safe Streets and Roads for All Grant
agreement by any of the above laws, regulations, or circulars are hereby incorporated by
reference into this agreement.
B-1
EXHIBIT B ADDITIONAL STANDARD TERMS
TERM B.1 TITLE VI ASSURANCE (Implementing Title VI of the Civil Rights Act of 1964, as amended)
ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (Implementing the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities
Act, as amended)
49 C.F.R. Parts 21, 25, 27, 37, and 38
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A
By signing and submitting the Technical Application and by entering into this agreement under the FY 2024 Safe Streets and Roads for All (SS4A) grant program, the Recipient HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration (FHWA), it
is subject to and will comply with the following:
Statutory/Regulatory Authorities
• 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);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and
“Regulations,” respectively.
B-2
General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any
measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” for which the
Recipient receives Federal financial assistance from DOT, including the FHWA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope
and coverage of these non-discrimination statutes and requirements to include all programs and
activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with
and gives the following Assurances with respect to its Federally assisted FY 2024 SS4A grant program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23
(b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an “activity”) facilitated, or
will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests
For Proposals for work, or material subject to the Acts and the Regulations made in connection with the FY 2024 SS4A Grant and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The Recipient, in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations,
hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for an award.”
B-3
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of
this Assurance, as a covenant running with the land, in any future deeds, leases, licenses,
permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are
found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements
imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
B-4
By signing this ASSURANCE, the Recipient also agrees to comply (and require any sub-
recipients, contractors, successors, transferees, and/or assignees to comply) with all applicable
provisions governing the FHWA’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA. You must keep records, reports, and submit the material for review upon request to FHWA, or its designee in a timely,
complete, and accurate way. Additionally, you must comply with all other reporting, data
collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal
financial assistance extended after the date hereof to the recipients by the U.S. Department of
Transportation under the FY 2024 SS4A grant program. This ASSURANCE is binding on the Recipient, other recipients, sub-recipients, contractors, subcontractors and their subcontractors’, transferees, successors in interest, and any other participants in the FY 2024 SS4A grant program.
B-5
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will
comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), 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 contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding, or negotiation made by the contractor 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 contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the 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 the Recipient or the FHWA 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 contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor
complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
B-6
thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
B-7
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Specific Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon in accordance with the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), the
Consolidated Appropriations Act, 2024, Pub. L. No. 118-122 (Mar. 9, 2024) , the Regulations for
the Administration of FY 2024 SS4A grant program, and the policies and procedures prescribed by the Federal Highway Administration (FHWA) of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining
to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein
contained as follows, which will remain in effect for the period during which the real property or
structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Recipient, its successors and assigns.
The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby
covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the
Recipient will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be
amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination
conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the
B-8
absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
B-9
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Specific Assurance 7(a):
A. The (Recipient, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (Recipient,
licensee, lessee, permittee, etc.) will maintain and operate such facilities and services
in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, Recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Recipient and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
B-10
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Recipient pursuant to the provisions of Specific
Assurance 7(b):
A. The (Recipient, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant
running with the land”) that (1) no person on the ground of race, color, or national origin,
will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination, (3) that the (Recipient, licensee, lessee,
permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Non-discrimination covenants, Recipient will have the right to terminate the (license, permit,
etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination
covenants, Recipient will there upon revert to and vest in and become the absolute property of Recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
B-11
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities:
• 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 C.F.R. 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);
• 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 C.F.R. 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 Airway 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 prohibit 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 C.F.R. 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);
• 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).
TERM B.2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS 2 C.F.R. Parts 180 and 1200
These assurances and certifications are applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements,
B-12
consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 C.F.R. Parts 180 and 1200.
By signing and submitting the Technical Application and by entering into this agreement under the FY 2024 SS4A grant program, the Recipient is providing the assurances and certifications for First Tier Participants and Lower Tier Participants in the FY 2024 SS4A Grant, as set out below.
1. Instructions for Certification – First Tier Participants:
a. The prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective first tier participant
shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from
participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the contracting agency may
terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances. e. The terms “covered transaction,” “civil judgment,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are
defined in 2 C.F.R. Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered
transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of
Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers to any
participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
B-13
g. The prospective first tier participant further agrees by submitting this proposal that it will
include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transactions,” provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of
its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require the establishment of a
system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it
and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
B-14
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior
FHWA approval or estimated to cost $25,000 or more - 2 C.F.R. Parts 180 and 1200) a. The prospective lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms “covered transaction,” “civil settlement,” “debarred,” “suspended,” “ineligible,”
“participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors
and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
B-15
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant
may, but is not required to, check the System for Award Management website
(https://www.sam.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
B-16
TERM B.3 REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW
As required by sections 744 and 745 of Title VII, Division E of the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022), and implemented through USDOT Order 4200.6, the funds provided under this award shall not be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that: (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the
Government.
The Recipient therefore agrees: 1. Definitions. For the purposes of this exhibit, the following definitions apply:
“Covered Transaction” means a transaction that uses any funds under this award and that is a contract, memorandum of understanding, cooperative agreement, grant, loan, or loan guarantee.
“Felony Conviction” means a conviction within the preceding 24 months of a felony
criminal violation under any Federal law and includes conviction of an offense defined in a section of the United States Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. 3559.
“Participant” means the Recipient, an entity who submits a proposal for a Covered
Transaction, or an entity who enters into a Covered Transaction. “Tax Delinquency” means an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability.
B-17
2. Mandatory Check in the System for Award Management. Before entering a Covered Transaction with another entity, a Participant shall check the System for Award Management
(the “SAM”) at http://www.sam.gov/ for an entry describing that entity.
3. Mandatory Certifications. Before entering a Covered Transaction with another entity, a Participant shall require that entity to:
(1) Certify whether the entity has a Tax Delinquency; and
(2) Certify whether the entity has a Felony Conviction. 4 Prohibition. If
(1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or a Federal Conviction; (2) an entity provides an affirmative response to either certification in section 3; or
(3) an entity’s certification under section 3 was inaccurate when made or became inaccurate after being made then a Participant shall not enter or continue a Covered Transaction with that entity unless
the USDOT has determined in writing that suspension or debarment of that entity are not
necessary to protect the interests of the Government. 5. Mandatory Notice to the USDOT.
(a) If the SAM entry for a Participant indicates that the Participant has a Tax Delinquency or
a Felony Conviction, the Recipient shall notify the USDOT in writing of that entry. (b) If a Participant provides an affirmative response to either certification in section 1, the Recipient shall notify the USDOT in writing of that affirmative response.
(c) If the Recipient knows that a Participant’s certification under section 1 was inaccurate when made or became inaccurate after being made, the Recipient shall notify the USDOT in writing of that inaccuracy.
6. Flow Down. For all Covered Transactions, including all tiers of subcontracts and subawards,
the Recipient shall: (1) require the SAM check in section 2;
(2) require the certifications in section 3;
(3) include the prohibition in section 4; and
B-18
(4) require all Participants to notify the Recipient in writing of any information that would require the Recipient to notify the USDOT under section 5.
B-19
TERM B.4 RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING
(a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009). For clarification purposes, they may expand upon the definitions in the executive order.
For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for use on a local, State or Federal roadway, but does not include a military design motor vehicle or any other vehicle excluded under Federal Management Regulation 102-34-15.
For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign, another traffic control device, or otherwise. It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain
stationary.
For the purpose of this Term B.4, “Text messaging” means reading from or entering data into any handheld or other electronic device (including, but not limited to, cell phones, navigational tools, laptop computers, or other electronic devices), including for the purpose of Short Message
Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or
engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless this practice is prohibited by State or local law. The term also does not include glancing at or
listening to a navigational device that is secured in a commercially designed holder affixed to the
vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to remain stationary.
For the purpose of this Term B.4, the “Government” includes the United States Government and
State, local, and tribal governments at all levels. (b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text
Messaging While Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and
subcontractors are encouraged to: (1) adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving— (i) Company-owned or -rented vehicles or Government-owned, leased or rented
vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
B-20
(2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as—
(i) Establishment of new rules and programs or re-evaluation of existing programs
to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
(c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the
substance of this exhibit, including this paragraph (c), in all subawards, contracts, and subcontracts under this award that exceed the micro-purchase threshold, other than contracts and subcontracts for the acquisition of commercially available off-the-shelf items.
C-1
EXHIBIT C QUARTERLY PERFORMANCE PROGRESS REPORTS:
FORMAT AND CONTENT 1. Purpose. The purpose of the Quarterly Performance Progress Reports under this agreement for the FY 2024 SS4A grant program is to ensure that the project scope, schedule, and budget will be maintained to the maximum extent possible.
2. Format and Content. The Recipient shall produce a quarterly cost, schedule, and status report that contains the sections enumerated in the following list. The first Quarterly Performance Progress Report should include a detailed description of the items funded.
(a) Project Information. This section provides the name of the project, the State, the
federal agency to which the report is submitted, submission date, award number, name of the recipient, report year and quarter and NOFO funding year. (b) Project Overall Status. This section provides an overall status of the project’s scope,
schedule and budget. The Recipient shall note and explain any significant activities
and issues, action items and outstanding issues. i. Project Significant Activities and Issues. This section provides highlights of key activities, accomplishments, and issues occurring on the project during the
previous quarter. Activities and deliverables to be reported on should include
meetings, audits and other reviews, design packages submitted, advertisements, awards, construction submittals, construction completion milestones, submittals related to any applicable IIJA or NOFO requirements, media or Congressional inquiries, value engineering/constructability reviews, and other items of
significance.
ii. Action Items/Outstanding Issues. This section should draw attention to, and track the progress of, highly significant or sensitive issues requiring action and direction to resolve. The Recipient should include administrative items and
outstanding issues that could have a significant or adverse effect on the project’s
scope, schedule, or budget. Status, responsible person(s), and due dates should be included for each action item/outstanding issue. Action items requiring action or direction should be included in the quarterly status meeting agenda. The action items/outstanding issues may be dropped from this section upon full
implementation of the remedial action, and upon no further monitoring
anticipated. (c) Milestones. This section documents progress of the milestones outlined in Section 3.2. The Recipient should include the baseline date (when the project is projected to
begin) of each milestone, amendments to those dates (if applicable) and the
actual/expected date of completion. There are Milestone charts for action plans, supplemental planning activities, demonstration activity projects and implementation (both construction and non-construction) projects.
D-1
EXHIBIT D FORM FOR SUBSEQUENT OBLIGATION OF FUNDS
The USDOT and [recipient name] entered a grant agreement for the [project name] that was
executed by the USDOT on [date of USDOT signature on original agreement] (the “Agreement”).
This instrument obligates [$XXX] for [insert portion of project listed in the Agreement].
[Recipient name] states that:
(1) the Agreement accurately describe the Project’s activities;
(2) for each completion date listed in the Agreement, the Recipient’s estimate for that milestone is not more than six months after the date listed in the Agreement;
(3) comparing the Project’s current budget with the amounts listed in the Agreement, the “Non-Federal Funds” amount has not decreased and the total eligible project
costs amount has not decreased; and
(4) under the terms of article 21 of the General Terms and Conditions, the Recipient is not presently required to request a modification to the Agreement.
[Recipient name] acknowledges that USDOT is acting in reliance on the Recipient’s statements above.
Date
By: Signature of Recipient’s Authorized Representative [insert name]
Name
[insert title]
Title
D-2
The USDOT has determined that all applicable Federal requirements for obligating these funds are satisfied.
Date By: Signature of USDOT’s Authorized Representative
[insert name]
Name [insert title]
Title