HomeMy WebLinkAbout15- Subrecipient Agreement with MDOT for Bozeman Area Transportation PlanFebruary 9, 2015
SUBRECIPIENT AGREEMENT
FOR THE
BOZEMAN AREA TRANSPORTATION PLAN
This Agreement is made and entered into by and between the City of BOZEMAN (LOCAL
AUTHROITIES) and the Montana Department of Transportation (DEPARTMENT). City of
Bozeman DUNs is 083705293. CFDA # 20.205 Highway Planning and Construction awarded in
FFY2015 (October 01, 2014 - September 30, 2015). The parties to this Agreement acknowledge
the following:
1. Purpose of Agreement
This agreement documents funding responsibilities for the development of the Bozeman Area
Transportation Plan (PLAN) for the area described as the planning area. The scope of the
transportation plan is described in Exhibit A.
2. Time of Performance
The term of this agreement will be for fourteen (14) months from the signing of this agreement
unless extended by mutual agreement or terminated before that date as provided in Section 9,
below.
3. Roles and Responsibilities
A. All Parties Agree That:
1. Development of the PLAN will include monthly meetings with the Transportation
Coordinating Committee; meetings will be held in Bozeman with a conference call
line.
2. Development of plan will include at least two Informational Meetings for the public
to attend.
3. Upon completion, plan will be adopted by LOCAL AUTHORITIES following local
planning process.
4. Consultant for this plan will have a background in Transportation Planning with
experience developing Long Range Transportation Plans.
B. Local Authorities:
1. Invoices will be submitted on a monthly basis with a 50150 cost share
2. Will ensure deliverable deadlines are met and consultant contract stays within
established study schedule and scope.
3. Will allow MDT one week to review draft deliverables before distribution to
technical advisory committee.
C. MDT:
1. Will provide technical assistance for modeling components and subsequent model
runs as necessary.
2. Will participate in Transportation Coordinating Committee and attend all meetings
either in person or conference call.
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Will reimburse LOCALS within 30 days of submitting invoice, with a 50/50cost
share.
4. Compensation
The Bozeman Area Transportation Plan will be funded by the LOCAL AUTHORITIES and
DEPARTMENT as shown by the following itemized financial allocations. Montana's total federal
award was $7,848,427. FHWA is the federal awarding agency. MDT is the pass through entity.
Transportation Plan
City Funds (50%) $ 125,000
MDT Funds (50%) $ 125,000 (including indirect cost)
Total maximum $ 250,000
The LOCAL AUTHORITIES will not reduce their share of the project cost unless there is a
proportional cost reduction to the DEPARTMENT. The total payment by the DEPARTMENT to
complete the plan shall not exceed the above -stated funding. Any scope revision or increase in
project costs must be agreed to beforehand in writing.
Section 17-1-106 MCA requires any state agency, including MDT that receives non -general funds
to identify and recover its indirect costs. These costs are in addition to direct project costs. MDT's
indirect cost rate is determined annually as a percentage of the project's direct costs to cover the
project's share of MDT's indirect costs as defined by 2 CFR 200.414 for State & Local
Governments. MDT's current indirect cost rate is 9.13% for state fiscal year 2015 (July 1, 2014 to
June 30, 2015).
For this project, MDT will include a charge for the indirect costs at the current fiscal year indirect
cost rate (as noted above 9.13% thru June 30, 2015), which amount will be applied toward the
DEPARTMENT share of project contribution.
[Note: If this PLAN extends across more than one fiscal year, more than one annual rate will be
involved, as the rates may change during the life of the PLAN.]
The LOCAL AUTHORITIES will submit invoices for payment along with a letter approving
payment and supporting documentation substantiating the amount requested to Statewide & Urban
Planning Section, Transportation Planning Division, Montana Department of Transportation, 2701
Prospect Avenue, Helena, MT 59620. DEPARTMENT funds will be used to reimburse the
LOCAL AUTHORITIES for costs attributable to the transportation study. The DEPARTMENT
will reimburse 50% of all invoice expenses included in the agreed upon scope of work.. The
DEPARTMENT has the authority to review and approve payment of the invoices submitted by the
LOCAL AUTHORITIES. Reimbursement will not be made for any costs not clearly and
accurately supported by the LOCAL AUTHORITIES's records and not submitted within sixty
days of the date originally incurred. The DEPARTMENT shall reimburse the LOCAL
AUTHORITIES within 30 -days provided all the proper documentation has been submitted.
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The DEPARTMENT reserves the right to withhold 10% of its proportionate share of the total
project cost until all supported claims filed with the DEPARTMENT have been settled.
5. Liaison
The liaison person for the DEPARTMENT is Carol Strizich, (406) 444-9240, Statewide & Urban
Planning Section, Rail, Transit & Planning Division, 2960 Prospect Ave, Helena MT, 59620. The
liaison person for the LOCAL AUTHORITIES is Rick Hixson, (406) 582-2284, City of Bozeman
Engineering Department, 20 East Olive Bozeman MT, 59771. All reports, scope revisions, partial
and final payment requests, and coordination of activities will be submitted to the Transportation
Planning Division for acceptance by the DEPARTMENT.
6. Ownership of Documents
All notes, calculations, computer runs, specifications, reports, special studies, and other data
prepared or collected under this agreement will become the property of the LOCAL
AUTHORITIES upon completion of the study. The LOCAL AUTHORITIES will provide three
copies of the completed study to the DEPARTMENT upon completion of the study.
7. Access to Records
It is expressly understood that the LOCAL AUTHORITIES is required to maintain full records of
its performance and further to allow access to these records by DEPARTMENT and the Montana
Legislative Auditor and Legislative Fiscal Analyst when required by law. The LOCAL
AUTHROITIES agrees to create and retain records supporting this Agreement for a period of three
years after the completion date of this Agreement or the conclusion of any claim, litigation or
exception relating to this Agreement taken by the State of Montana or a third party.
8. Insurance
LOCAL AUTHORITIES will require any subcontractor performing work under this agreement to
provide proof of the following insurance coverage prior to the date upon which work is to begin.
The proof of insurance or exemption must be valid for the entire agreement period.
a. Comprehensive general liability insurance, including vehicle liability insurance, with limits
acceptable to the LOCAL AUTHORITIES.
b. Workers Compensation Insurance coverage valid in the State of Montana or proof of
exemption thereof.
9. Nondiscrimination
The LOCAL AUTHORITIES will require during the performance of any work arising out of this
agreement that the LOCAL AUTHORITIES, for itself, its assignees and successors, shall
comply with all nondiscrimination regulations shown in Exhibit "B".
10. Termination
This agreement may be terminated for convenience by either party by that party mailing or
faxing a written notice of termination to the other's liaison person. The DEPARTMENT may
also terminate this agreement for default. If termination occurs due to default, the notice shall
state the manner of the default, and offer the LOCAL AUTHORITIES an opportunity to explain
the non-performance. If the DEPARTMENT finds that the LOCAL AUTHORITIES has a
reasonable excuse for non-performance, which is beyond the control of the LOCAL
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AUTHORITIES, the DEPARTMENT may set up a new work schedule to allow the completion
of the agreed upon work.
In any termination, the DEPARTMENT will make its contractual payments proportionate to the
work performed at the time of termination and the LOCAL AUTHORITIES shall account for
any property in its possession paid for with funds received from the DEPARTMENT or supplied
to it by the DEPARTMENT.
11. Liabili
The Department will not be liable for any claims or suits related to the LOCAL AUTHORITIES
financial participation in the proposed plan, and the LOCAL AUTHORITIES will hold the
Department harmless and immune from any such suits, and will indemnify the Department in the
event of any loss incurred as a result of such claim or lawsuit.
12. Litigation
Controversy arising from this agreement may result in litigation. Arbitration, unless agreed to in
writing and pursuant to law, is not available.
13. Venue
In the event of litigation concerning this agreement, venue shall be in the District Court of the
First Judicial District of the State of Montana in and for the County of Lewis & Clark. This
agreement shall be interpreted according to Montana law.
14. Agreement Modification
Any change in this agreement must be by written agreement of the parties.
15. Notice
All notices arising out of, or from, the provisions of this agreement shall be in writing and given to
the parties at the address of the party above, either by regular mail or delivery in person.
16. Severability and Integration
If any single part, or parts, of this agreement are determined to be void, the remaining parts will
remain valid and operative. This agreement, as written, expresses the total, final and only
agreement of the parties relevant to its subject matter. No provision, expressed or implied, arising
from any prior oral or written request, bid, inquiry, negotiation, contract, or any other form of
communication shall be a provision of this agreement unless specifically provided within the
written terms herein.
17. Audit Requirements
The LOCAL AUTHORITY may be subject to the audit requirements of 2 CFR 200 Subpart F if the
audit threshold in 2 CFR 200.501 is met. An audit must be conducted in compliance with 2 CFR
200 Subpart F if required. The audit must be completed and the data collection form and reporting
package submitted to the Federal Audit Clearinghouse within the earlier of 30 calendar days after
the receipt of the auditor's report(s) or nine months after the end of the audit period. For local
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governments and school districts, the LOCAL AUTHORITY will provide the report to the State of
Montana, Department of Administration, Local Government Services Bureau. All other
subrecipients such as Tribal Communities and Non -Profit Organizations will provide the report to
the State of Montana, Department of Transportation, Audit Services if audit findings are
discovered.
18. Debarment and Suspension E.O.s 12549 and 12689)
No contract shall be made to parties listed on the General Services Administration's List of Parties
Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549
and 12689, "Debarment and Suspension." This list contains the names of parties debarred,
suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or
regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase
threshold shall provide the required certification regarding its exclusion status and that of its
principal employees.
19. Conflict of Interest (2 CFR 200.112) - The Subrecipient must disclose in writing any potential
conflict of interest to the MDT in accordance with applicable Federal awarding agency policy.
20. Mandatory Disclosures (2 CFR 200.113] — The Subrecipient must disclose, in a timely manner,
in writing to the MDT all violations of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Failure to make required disclosures can result
in any of the remedies described in 2 CFR 200.338, including suspension or debarment.
21. Internal Controls (2 CFR 200.303)- The Subrecipient must establish and maintain effective
internal controls that provide reasonable assurance to the MDT that the Subrecipient is in
compliance with Federal statutes, regulations, and terms and conditions of the Federal award.
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IN WITNESS WHEREOF, the parties have caused this agreement to be executed.
City of Bozeman
By. � _ _ � �'`fIf`r!� _. ! � ,. _jf.r .., Date: <. � , � �" � �' , 2015
Mayor; ty 413o eman
STATE OF MONTANA - DEPARTMENT OF TRANSPORTATION
By. LZA1
'Iranspar"t do P ungDivision
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Appz 'ved or Legal �cp tentf:,
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Department Legal Services
Date: I L' I ( 22015
Appr ed for Civil Yjghts Content:
By: V 1-14,30 1
Department of tivil Rights
BOZEMAN AREA TRANSPORTATION PLAN
Agreement Exhibit A (Scope of Services)
A. PROJECT MANAGEMENT PLAN
The selected consultant, in conjunction with the city and TCC, will prepare a detailed scope of work
which includes specific work tasks, detailed schedule, project timeline and project milestones.
Specific work products and deliverables will also be identified.
B. STUDY AREA BOUNDARY REVIEW
The consultant shall review the attached proposed study area boundary, and submit any resulting
proposed area changes to the Local Officials for approval. This review shall take into
consideration changes in land use which are anticipated, the area of jurisdiction of local
government entities, the areas included in other recent studies prepared for the Local Officials,
and any other factors which may have a material effect on the transportation study effort.
C. DATA ACQUISITION
The consultant will identify the information and data needed to accomplish all facets of the study
effort, will search out and evaluate the information and data that is already available for use, and
will be responsible for collecting or developing any additional information required to
accomplish the transportation study tasks and objectives. Any existing data utilized will be
adequately referenced in study documents to allow users and reviewers of the study to identify
and obtain the referenced material. Any new data and information collected or developed by the
consultant shall be appended to the study report and shall become the property of the Local
Officials.
Information known to be available which the consultant should review and utilize as appropriate
includes:
• Existing documents and studies Including but not limited to the Bozeman Community Plan,
pertinent facility plans, land use information, sign inventory, number of parking
spaces/facilities and overall utilization.
• Special area plans such as Downtown Improvement Plans, Design and Connectivity Plan for
North 7t' Avenue Corridor, Neighborhood Plans and Trip Exchange Districts.
• Existing data and inventory counts from the Local Officials and MDT (traffic count data,
accident data, signal warrant analysis, turning movements, aerial photos, major street
classifications and function)
• U.S. Census data
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• Local Officials' records (Building and septic permit information, utility records, road
network, etc.)
• Socio-economic data and projections compiled by State Department of Commerce and/or
University System units and Local Officials.
D. TRAVEL DEMAND MODELING
In support of the transportation plan, a travel demand model will be developed to simulate
existing travel patterns, forecast future traffic volumes, and allow for analysis of alternative
transportation improvements. Travel demand modeling will be performed by the Montana
Department of Transportation (MDT), Statewide and Urban Planning Section. Throughout the
modeling process, MDT will cooperate with the consultant to ensure their understanding of the
data inputs and assumptions that go into the model. The consultant will also be required to
cooperate with Western Transportation Institute (WTI) in developing inputs for the modeling
effort described in Attachment D. This modeling effort is appurtenant to the Travel Demand
Model being created by MDT.
(1) Base Model
MDT will develop a travel demand base model utilizing the most recent data available. The base
model will be developed using TransCAD modeling software. MDT will research and assemble
all necessary social, economic, and geographic information for the development of the base year
model. The model will consist of a representative road network and traffic analysis zones. The
road network will be attributed with characteristics such as speed, capacity, travel time, and
functional classification. The traffic analysis zones will represent areas of similar land use and
will contain housing and employment data. The model will be calibrated (adjusted) to base year
traffic counts from local and state sources. The base model and data used in its development will
be available for consultant review. The consultant will have the opportunity to review, comment
on and accept the base model.
(2) Future Year Housing and Employment
MDT will research historic and projected land use patterns in the study area to identify growth
rates for housing and employment. This research will be documented and provided to the
consultant. The consultant, in consultation with MDT and local planners, will determine final
growth rates and develop future year housing and employment totals. Also, the consultant, in
consultation with Local Officials, will develop any alternative land use scenarios
(locations/growth rates) that are considered appropriate for use in future year modeling.
(3) Land Use Allocation
The consultant will coordinate allocation of the future year housing and employment throughout
the study area, utilizing local officials and professionals knowledgeable on community
development, for each alternative land use scenario. The product of the land use allocation
exercise will be a map of future year housing and employment locations that will be provided to
MDT. MDT will translate the distribution map information into the traffic analysis zones in the
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model. MDT and the city will also develop a list of committed projects for the study area, which
will be incorporated into the model road network. Future year model runs will be completed
using the future year housing and employment distributions and a road network containing the
existing plus committed road network (E+C). The results of the future year model runs will be
provided to the consultant for analysis.
(4) Modeling Alternatives
Once the consultant has analyzed future year model runs they will develop a list of alternative
improvements to be modeled by MDT. Modeling alternative scenarios will be completed using
future year housing and employment data, the E+C road network and any alternative land use
scenarios. The consultant will be responsible for developing the variables required for the model
that describe the project alternatives to be analyzed. For example a new route would need these
variables:
• Route identification/name
• Begin/end points
• Speed
• Number of lanes
• Access points
• Direction of flow
• Turn prohibitions
The results of alternatives modeling will be provided to the consultant for review and analysis.
(5) Formats/Timelines
An initial model scoping meeting will be held once the consultant contract has been awarded.
The format for presentation of all model results and data will be negotiated with the consultant at
the scoping meeting. Also, MDT and the consultant will decide on realistic timeframes for the
completion of the tasks outlined above at that time. Any other incidental details can be included
for discussion at the meeting.
(6) Technical Memorandum
A final report documenting the traffic model development will be prepared by MDT and
provided to the consultant.
D. REQUIRED ANALYSES
The consultant shall develop long and short- range goals and plans for the transportation system
within the City's planning area. The consultant is encouraged to holistically consider how to
accomplish the mobility, safety and community goals with an approach that integrates policy,
infrastructure improvements and multiple travel modes. At a minimum, the analyses performed
by the consultant will explicitly consider the following issues in developing alternatives and
recommendations for consideration by the Local Officials:
❖ The transportation implications of the local growth policies and other current or ongoing
public or private development plans.
❖ System wide miles of travel
❖ Projected transportation demand for ten and twenty year planning horizons based on model
scenarios driven by land use and socio-economic projections for those years.
❖ Average travel time between select origins and destinations.
❖ Continuity and completeness of the Arterial and Collector network.
❖ Potential facilities and services for non -auto modes of transportation including bicycles,
pedestrian, and mass transit.
➢ This includes number of miles and interconnectedness including existing and currently
proposed trails, bike lanes, bike routes, trails, sidewalks, and shared -use paths. Analysis
is to be provided by a qualified professional with specialization in bicycle and pedestrian
transportation.
❖ Capacity analysis for intersections and corridors in relation to existing and projected demand.
This will include identifying estimated volumes at which failure is expected to occur.
❖ Problems and opportunities associated with special traffic demand generators such as:
schools, medical centers, shopping centers, high traffic businesses, landfills, transfer stations,
public buildings, airports, etc.
❖ Accident analysis for high accident locations.
❖ Travel time analysis for peak and off-peak times.
❖ Truck traffic analysis and potential truck route identification.
❖ Address access management, approach ordinance and permitting issues.
❖ Opportunities for utilizing access management to protect or enhance the capacity of arterial
and collector routes.
❖ Potential transportation system management (TSM) improvements such as signal
synchronization, new signals, turning bays, one-way street designation, etc., and updating of
traffic calming practices.
❖ Identify existing and potential programs for funding transportation system maintenance and
improvement. For each program specify at least the source of funding, criteria utilized in
distributing funds, anticipated funding available over time, matching requirements, and
restrictions on the use of program funds.
E. PUBLIC PARTICIPATION
This project will entail public involvement and public meeting work. The consultant shall
include a public participation program in their response to this RFP to maximize public
awareness and involvement in the transportation planning process. A minimum of 5 public
hearings should be anticipated. In order to gather significant input on local concerns, the
consultant shall conduct a meeting or meetings in the community to hear about transportation
related concerns. The proposed program shall be approved by the Local Officials during
negotiation of the final contract. Consultant's program proposal should include at least the
following elements:
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• Mechanisms for informing/educating the public about the transportation study process (and
the significant issues under consideration) which will motivate participation and encourage
meaningful response.
• Mechanisms for public participation to be used in gathering responses to the consultant's
recommendations and alternatives. Plans for informing and gathering input from local
government boards and commissions are to be specifically identified, and shall include a
website.
• Mechanisms for presenting the proposed action and alternatives at the public hearings on the
draft final study.
• Mechanisms for documenting participation, recording input, analyzing, and summarizing the
responses received during all phases of the process.
• An indication, and/or examples of the materials (media releases, handouts, presentation
displays, graphics) that the consultant will use in public communication.
F. OUTPUTS
The consultant shall develop an integrated package of recommendations and alternatives (based
on the analyses of the previously -listed issues and factors) for management and improvement of
the transportation system. These recommendations shall be prioritized on the basis of (1)
significance of system needs met and/or problems resolved, (2) immediacy of targeted
needs/problems, and (3) effectiveness/cost efficiency in dealing with targeted needs or problems.
Where alternatives are available for resolving issues or problems, these are to be identified.
Estimated costs of the recommendations and alternatives and potential funding sources are to be
identified, but cost containment (based on the anticipated revenue stream) will not be applied.
The consultant shall prepare a written summary suitable for public distribution of the material
described in the previous paragraph. A presentation, together with appropriate visual/graphic
displays, for use at the public meetings called for in the public involvement plan will also be
prepared. Once the public participation review of consultant' s package of recommendations is
complete, the results obtained will be summarized in writing and provided to the Local Officials.
Utilizing the guidance received from the Bozeman Transportation Coordinating Committee as
representatives of the Local Officials, the consultant shall prepare a draft final study document.
Anticipated costs over time associated with the preferred alternative will be compared with
projected revenue.
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Twenty-five (25) copies of the draft final study plus one unbound, reproducible document will be
submitted to the Local Officials for their preliminary approval. In addition, a copy of the plan
shall be submitted in a PDF format for ready duplication. This PDF copy shall be ADA
compatible and formatted for web presentation/distribution. The Local Officials may require the
consultant to make revisions in the draft study prior to releasing it for public hearings. Once any
changes required by the Bozeman Transportation Coordinating Committee are made, the draft
study will be subject to public hearings. The consultant will assist in presenting the hearings and
will analyze the input received for the Local Officials. The Local Officials may require
additional revisions to the draft study before approving it and recommending it to the City of
Bozeman City Commission. It is possible that the City of Bozeman City Commissioners may
require further modifications before approving the study. Because revisions to the draft study
may be required at several points, it shall be printed and bound in a format that will allow
changes without complete reprinting.
Upon approval of the draft final study by the Bozeman City Commission, the consultant will
prepare a final study document incorporating all revisions and comment from the draft. Two (2)
hard copies shall be supplied to the Local Officials for official record. This final study document
shall be formatted and bound in a manner that will allow it to be revised or updated without
reprinting the entire document. In addition a copy of the plan shall be submitted in an editable
digital format, as well as PDF format for ready duplication. All maps, project diagrams, and
other location or facility related depictions must be submitted in a digital format compatible with
the City of Bozeman geographic information systems.
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BOZEMAN AREA TRANSPORTATION PLAN
Agreement Exhibit B (Non -Discrimination Notice)
During the performance of this Agreement, the LOCAL AUTHORITIES, for itself, its
assignees and successors in interest, agrees as follows:
Montana Department of Transportation ("MDT") is committed to conducting all of its business
in an environment free of discrimination, harassment, and retaliation. In accordance with State
and Federal law MDT prohibits any and all discrimination on the grounds of race, color, national
origin, sex, age, physical or mental disability, parental/marital status, pregnancy,
religion/creed/culture, political belief, genetic material, veteran status, or social origin/ancestry
(hereafter "protected classes"). by its employees or anyone with whom MDT chooses to do
business.
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with
all Acts and Regulations of the United States and the State of Montana relative to Non -
Discrimination in Federally and State -assisted programs of the U.S. Department of Transportation
and the State of Montana, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and leases
of equipment, employment, and all other activities being performed under this
contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it serves
that will include the following:
i. Statement that PARTY does not discriminate of the grounds of any protected
classes.
ii. Statement that PARTY will provide employees and members of the public that it
serves with reasonable accommodations for any known disability, upon request,
pursuant to the Americans with Disabilities Act as Amended (ADA).
ill. Contact information for PARTY's representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
iv. Information on how to request information in alternative accessible formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all
of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that PARTY does not discriminate on the grounds of any
protected class.
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(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the
MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable
requirements of 49 CFR part 26 in the award and administration of
DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in
the termination of this contract or such other remedy as the recipient
deems appropriate.
c. PARTY must include the above assurance in each contract/agreement the PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the PARTY of the PARTY's obligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non -Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify
to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY's noncompliance with the Non-
discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the
relevant US DOT Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
(7) Pertinent Non -Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and
successor in interest, agrees to comply with the following non-discrimination statues and
authorities; including but not limited to:
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Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 200d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaces or whose property has been
acquired because of Federal or Federal -aid programs and projects);
- Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975,
and Section 504 of the Rehabilitation Act of 1973, by expanding the defmition 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 11 and III of the Americas with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. § § 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must
take reasonable steps to ensure that LEP persons have meaningful access to your programs (70
Fed. Reg. at 74087 to 74100);
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- 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.).
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The PARTY will take
action with respect to any subcontract or procurement as MDT or the relevant US DOT
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation
by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter
into any litigation to protect the interests of MDT. In addition, the PARTY may request the
United States to enter into the litigation to protect the interests of the United States.
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