E2. MDT Construction Agreement201 11 Avenue East, P.O. Box 1997,
Kalispell, MT 59903-Phone (406)758-7720
wiviv. kalispell. cony
�t
To: Doug Russell, City Manager
From: Susie Turner, P.E., Public Works Director
Re: Construction Agreement — Federal Aid Project No. NH 5-3(138)113 also known as US 93-
Idaho to Grandview (KAL), UPN 9031000
Council Meeting Date: September 17, 2018
The Montana Department of Transportation plans to construct and or reconstruct US 93 from
Idaho to Grandview and adjacent pedestrian facilities (sidewalks) in and through Kalispell.
As the construction improvements will be within the City limits, the State is required to develop
an agreement delineating the operation and maintenance responsibilities of the State and the
City. Generally, this entails the sidewalk maintenance, signage requirement and enforcement,
and the operation and maintenance of street lighting.
Public Works and the City Attorney have reviewed the agreement and have found it to be
satisfactory.
RECOMMENDATION: Approve the Construction Agreement for Federal Aid Project No. NH
5-3(138)113 also known as US 93- Idaho to Grandview (KAL), UPN 9031000.
ACTION REQUESTED: Motion to approve Federal Aid Project No. NH 5-3(138)113 also
known as US 93- Idaho to Grandview (KAL), UPN 9031000.
FISCAL EFFECTS: Montana Department of Transportation will fund the construction.
ALTERNATIVES: As suggested by City Council.
ATTACHMENT: US 93- Idaho to Grandview Construction Agreement
9031000
US 93 — IDAHO TO GRANDVIEW
CITY OF KALISPELL
CONSTRUCTION AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Montana,
acting by and through its Department of Transportation, hereinafter called the "State" or
"Department", and the City of Kalispell, a Montana City, hereinafter called the City.
WITNESSETH THAT:
THE PURPOSE OF THIS AGREEMENT IS TO SET FORTH THE RESPONSIBILITIES
AND DUTIES OF THE STATE AND THE CITY WITH RESPECT TO A FEDERAL AID
HIGHWAY AND ADJACENT PEDESTRIAN FACILITIES PROJECT WITHIN THE CITY
OF KALISPELL, MONTANA.
I. WHEREAS, the State proposes to construct and/or reconstruct a certain highway
AND ADJACENT PEDESTRIAN FACILITIES (SIDEWALKS) in and through the City, the
construction being known as Federal Aid Project No. NH 5-3(138)113, also known as US
93 — IDAHO TO GRANDVIEW (KAL), UPN 9031000, and
WHEREAS, the construction will be over and upon Highway 93 (N-5) (Main Street,
and Sunset Boulevard) starting a block north of Idaho Street (US 2, N-1) at Reference
Post (RP) 112.7 and extending northerly 1.4 miles to the intersection with Grandview
Drive/Four Mile Drive at RP 114.1 in the City of Kalispell, and
WHEREAS, the State desires to receive Federal funds to construct the highway,
and
WHEREAS, in accordance with the State's agreement with the Federal Highway
Administration (FHWA) of the U. S. Department of Transportation, the State must ensure
that certain requirements are met in order for the State to fulfill its obligations to the FHWA
and for the project to be eligible for federal funds. Accordingly, the State includes federal
requirements, which are among those hereinafter set forth, for this project, and the City
agrees to them, and
WHEREAS, this document must be duly executed and on record with the State
and FHWA before the work contemplated can be awarded to contract, and
WHEREAS, the City hereby concurs in the designation of the highway which was
designated under Section 60-2-110, MCA, and
WHEREAS, the City desires to have the construction done, the City deeming it to
be a valuable and beneficial consideration,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
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AT STATE EXPENSE, THE STATE AGREES TO DESIGN THE PROJECT, LET IT TO
CONTRACT AND ADMINISTER THE CONTRACT FOR CONSTRUCTION AND WILL
PERFORM ALL THE REMAINING FUNCTIONS AND DUTIES AND
RESPONSIBILITIES SET FORTH HEREIN IN EXCHANGE FOR WHICH THE CITY
AGREES THAT UPON COMPLETION OF THE PROJECT, DEEMING THE
CONSTRUCTION A GOOD AND VALUABLE CONSIDERATION, IT WILL PERFORM
ALL OF THE FUNCTIONS AND DUTIES AND RESPONSIBILITIES SET FORTH IN
THIS AGREEMENT. THE DUTIES AND RESPONSIBILITIES OF EACH PARTY TO
THIS AGREEMENT ARE LIMITED TO THE PROJECT AREA LISTED IN I.
(A) The City agrees to conform in all regards to Chapter 8 of Title 61, MCA, and
will not take any action, by enacting an ordinance or otherwise, in contradiction of the
traffic laws in Chapter 8 of Title 61, MCA, with specific reference, but not limited to, the
following matters:
(1) Installing any signs, signals, or markings not in conformance with the
Standards approved by the FHWA pursuant to 23 USC §109(d).
(2) Establishing a speed limit less than twenty-five (25) miles per hour in
any urban district on the highway.
(3) Establishing a speed limit of less than thirty-five (35) miles per hour
outside an urban district on the highway. The City will modify or alter such established
speed limits on the highway after a traffic and engineering investigation is made at the
request of the State.
(4) Erecting any markings, sign, signal or traffic control device that will
give preference to local routes which intersect with the highway and no sign, signal or
traffic control device will be erected or constructed, nor shall the establishment or
modification of any speed zone, parking regulation or traffic marking which will affect
traffic on the highway be made without express written permission of the State, and then
only after proper traffic and engineering study indicates that such markings, sign, signal
or traffic control device is required.
(5) Erecting any lighting on the highway without express written
permission of the State, and then only after proper traffic and engineering study indicates
that such lighting devices are required. The plans for such lighting installation shall be
approved by the State before erection.
(6) Not requiring the stopping of all traffic at all intersecting streets, alleys
and driveways before entering the highway. Where the City considers that such traffic
control creates a hazardous situation, it will request a traffic and engineering study by the
State. The State, after the study, may authorize express written modifications in the traffic
control devices as may be in the public interest from a safety and convenience standpoint.
(7) Prohibiting parallel parking on the highway; and
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(8) Allowing stopping, standing or parking of a vehicle in a place
prohibited by §61-8-354, MCA.
(9) For lighting projects inside of incorporated municipalities, the cost of
operation and maintenance of the lighting shall be paid by the State; however, where an
existing lighting district, which is paid for by a city, town or special improvement district,
is replaced or upgraded, the city, town or special improvement district shall continue
paying the amount of the previous payments toward the cost of operation and
maintenance of the new or revised lighting system. If and when the cost of energy or
maintenance is raised by the utility company, the city, town or special improvement district
shall pay their proportionate share of the rate increase.
(B) The State, after a traffic and engineering investigation of any speed zone,
parking regulation or traffic control device, may require the City to modify or remove such
existing speed zone, parking regulation or traffic control device upon the highway.
C) The State will retain the authority and responsibility for issuing approach
and encroachment permits onto, upon or over right-of-way of the highway by anyone.
(D) Should the City incorporate beyond the present City limits, and such newly
annexed area include portions of this Federal Aid Project not now within the City limits,
then this agreement, by reference herein, will also apply to the newly annexed area.
(E) The City has reviewed and approved the plans.
(F) The City will continue to enforce the ordinances, laws and/or regulations
necessary and essential for the operation of the improvements as planned.
(G) All signs required to enforce City ordinances shall be maintained by the City.
(H) The City is responsible for costs for any locally -required permits, including but
not limited to building permits, electrical permits, plumbing permits, excavation permits,
engineering permits, and/or encroachment permits.
1) Sidewalk Maintenance.
(1) Upon completion of and in consideration for the project, and at no
additional cost to the State, the City agrees to assume full responsibility for and control of
maintenance of the sidewalks bordering the project, except that the State is responsible
for the maintenance of sidewalks and pedestrian/bike facilities on bridges, overpasses
and related facilities. Specifically, the City will maintain or cause to be maintained the
sidewalks adjacent to both sides of US 93 (N-5) from RP 112.7 to RP 114.1. The City may,
in its discretion, enforce state laws and its local ordinances, if any, to recover all costs
associated with its sidewalk maintenance activities from persons or entities who own
property adjacent to the sidewalks and/or who receive the benefit of the maintenance
performed.
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(a) For the purposes of this agreement, "maintenance of
sidewalk" is defined as: surface patching; crack sealing; sweeping; cleaning; washing;
replacing small portions of damaged sidewalk and bike/ped facilities on bridges; removal
of snow and ice; repair of chipped, fractured, or broken surface from any cause including
but not limited to frost heaving, landscaping, tree roots, or permitted encroachments;
removal of debris and other obstructions or impediments to safe pedestrian travel; and
any and all other normally accepted maintenance practices.
(b) The City has the authority and responsibility to issue
encroachment permits to private parties to allow for the placement or installation of
encroachments on the sidewalk within the right of way according to the terms and
conditions established by the City by ordinance or rule subject only to insuring that any
permit issued does not in any way interfere with the use of the vehicle travel lanes nor
with the safe and efficient use of the sidewalk by pedestrians. As an integral part of the
responsibility is the authority and duty to remove any unpermitted encroachment.
(c) The City may by ordinance or resolution establish parking
rules and regulations, including installation of metered parking.
(d) The City may by ordinance or regulation impose landscaping
and/or sidewalk construction responsibilities on property owners whose property abuts
the state facility provided that any new sidewalk construction completed under the City
authority on the highway right of way meets or exceeds the specifications and standards
of the State including compliance with any state or federal handicapped access laws and
regulations.
(f) In the event of a disagreement as to whether a sidewalk
segment can be repaired or must be replaced, the parties agree that the issue will be
resolved by agreement by the City Public Works Director or their designee and the
Department of Transportation Maintenance Administrator or their designee. If necessary
the Director of the Department of Transportation and the Manager may be asked to
resolve the issue.
(2) The parties agree that they have a joint and mutual interest to build
and maintain the sidewalks in a safe manner. To that end there is a joint responsibility to
inspect the sidewalks on a periodic basis, at least annually to discover any potential
sections that require repair or replacement. Regardless of who identifies an area of
potential harm, they shall immediately notify the other party to the agreement and shall
jointly take whatever steps necessary to warn the users of the walk until such time as
repair or replacement can be completed. In the event replacement is deemed necessary,
temporary repairs may be performed until such time as reconstruction can be
programmed and completed. In the event replacement or reconstruction is required, the
State shall use any eligible state or federal funding to perform the work and upon
completion notify the City after which the City once again is responsible for future
maintenance.
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(3) City agrees that the maintenance responsibility is in effect until the
sidewalks are reconstructed as provided in paragraph (e), unless otherwise agreed to by
the parties.
(4) If at any time, the City believes that the useful life of any of these
sidewalks has come to an end - i.e., that complete reconstruction of these sidewalks is
the most reasonable economic alternative - it shall promptly notify the State in writing of
its determination and the engineering basis therefor. Upon receipt of the written notice,
the State shall respond in writing within thirty (30) calendar days to the City's
determination that complete reconstruction is the most reasonable economic alternative
for continued maintenance or repair of a sidewalk. If, after notification, the State agrees
that reconstruction of all of the sidewalk is the most reasonable economic alternative, the
City's duty to maintain the sidewalk shall terminate. If, after notification, the State
disagrees that reconstruction is the most reasonable economic alternative, the State may,
within an additional thirty (30) calendar days, obtain another opinion from an independent
engineer at State expense. If that engineer determines that reconstruction is the most
reasonable economic alternative, the City's duty to maintain the sidewalks shall terminate
until the reconstruction is completed or as otherwise agreed to by the parties. In the event
of a disagreement as to whether complete reconstruction is the most reasonable
economic alternative for continued maintenance or repair of a sidewalk the parties agree
that the issue will be resolved by agreement by the City Public Works Director or their
designee and the Department of Transportation Maintenance Administrator or their
designee. If necessary, the Director of the Department of Transportation and Manager
may be asked to resolve the issue.
(5) If, during its inspections, the City encounters a condition on the
sidewalk that it believes is caused by a design or construction defect or by the negligent
act or omission of a State agent or employee, the City will immediately notify the State of
the existence and location of the defect and provide the State with a detailed explanation
of the engineering basis for its belief that the condition is caused by a design or
construction defect or the negligent act or omission of a State agent or employee.
(6) This section does not supersede, discharge, or extinguish any prior
agreement between the parties, nor will any future agreement between the parties
supersede, discharge, or extinguish this agreement, unless by specific reference and in
clear terms.
(J) Storm Water Management
(1) Small Municipal Separate Storm Sewer System (MS4) Permit
(a) The Department concludes and City agrees that the project
work is designed in compliance with applicable Small MS4 Permit requirements.
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(K) Term — This Agreement shall continue until all parties agree to supersede this
agreement within another Agreement.
(L) The City will continue adequate engineering capabilities to ensure that a continuing
traffic engineering function is carried out on the project.
(M)Hold Harmless & Indemnification —
The City shall protect, defend, indemnify, and hold MDT, its elected and appointed
officials, agents, and employees, while acting within their duties as such, harmless
from and against all claims, liabilities, demands, causes of action, and judgements
(include the cost of defense and reasonable attorney fees) arising in favor of or
asserted by the City's employees or third parties on account of damage to property,
bodily or personal injury, or death arising out of any services performed, act or
omission that in any way results from the acts or omissions of the City, or their
agents, or subcontractors, under this Agreement, except the negligence of MDT
under this Agreement.
MDT shall protect, defend, indemnify, and hold the City, its elected and appointed
officials, agents, and employees, while acting within their duties as such, harmless
from and against all claims, liabilities, demands, causes of action, and judgements
(include the cost of defense and reasonable attorney fees) arising in favor of or
asserted by the MDT's employees or third parties on account of damage to
property, bodily or personal injury, or death arising out of any services performed,
act or omission that in any way results from the acts or omissions of the MDT, or
their agents, or subcontractors, under this Agreement, except the negligence of
the City under this Agreement.
(N) Insurance - The City shall maintain for the duration of the Agreement at their cost
and expense insurance against claims for injuries to persons or damages to
property which may arise from or in connection with any act or omission by the City
and their agents, employees, representative, assigns or subcontractors. This
insurance shall cover such claims as may be caused by any intentional or negligent
act or omission.
a) Commercial General Liability Insurance: The City shall purchase and
maintain occurrence coverage with combined single limits for bodily injury,
personal injury, and property damage as set forth below, to cover such claims
as may be caused by any act, omission, or negligence of the City or their
officers, agents, representatives, assigns, or subcontractors. Commercial
General Liability insurance covering all operations under the Agreement shall
have coverage substantially similar to the standard ISO Commercial General
Liability Insurance policy, the limits shall be:
Each Occurrence $1,000,000.00
General Aggregate $2,000,000.00
Excess/Umbrella Liability Insurance $2,000,000.00
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Any party classified as a governmental entity may meet the insurance
requirements of this Agreement through self-insurance or risk sharing pool
coverage which meets Montana statutory tort limits. Proof of self-insurance
or risk sharing pool coverage must be provided to MDT before
commencement of the Agreement activities. The City must notify the State
immediately of any change in insurance coverage during the term of this
Agreement and must meet the limits for private insurance shown above
should self-insurance or risk sharing pool coverage be discontinued.
b) Workers' Compensation Insurance: The City is required to maintain
workers' compensation insurance or an independent contractor's exemption
covering the contractor and/or employees while performing work within MDT
right-of-way in accordance with §39-71-401/405, Montana Code annotated.
Neither the contractor nor its employees are employees of MDT. This
insurance/exemption must be valid for the entire Agreement period.
(0)Invoicing and Indirect Cost (IDC) —
If MDT incurs any costs as a result of a public emergency, as a result of the City
not meeting the requirements in this Agreement which necessitates action on
MDT's part concerning the maintenance or repair of the City's Project, or future
City construction projects, MDT shall be entitled to be compensated for such
costs by the City and the City shall pay the same within thirty (30) days of its
receipt of such invoices.
Section 17-1-106, MCA, requires any state agency, including MDT, which
receives non -general funds to identify and recover its indirect costs (IDC). These
costs are in addition to direct project costs. MDT's IDC rate is determined
annually as a percentage of the project's direct costs to cover the project's share
of MDT's IDC as defined by 2 CFR Part 200, Appendix VII. MDT's current IDC
rate is 10.49% for fiscal year 2019 (July 1, 2018 through June 30, 2019. If the
work occurs or extends into fiscal year 2018 or beyond the IDC rate will be
charged at the rate agreed to by MDT and the Federal Highway Administration
(FHWA).
Invoice will be sent to:
City of Kalispell
Attention: Susie Turner, Public Works Director
PO 1997
Kalispell, MT 59901
Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
VA
9031000
(P) Choice of Law and Venue — This Agreement shall be governed by the laws of
Montana. The parties agree that any litigation concerning this Agreement must be
brought in the First Judicial District Court, in and for the County of Lewis and Clark,
State of Montana, and each party shall pay its own costs and attorney fees. In
case of conflict between the terms and conditions of this Agreement and the laws
of the State of Montana, the laws of the State of Montana shall control.
III. The CITY, for itself, its assignees and successors in interest, agrees to comply with
the provisions of Exhibit A, "MDT Nondiscrimination and Disability Accommodation
Notice," which is attached hereto and incorporated by reference. The CITY is referred to
as the "PARTY" in said Exhibit, and the City's duties and responsibilities are those duties
and responsibilities of the "PARTY."
MDT requires that any construction or maintenance resulting from this Agreement must
include appropriate pedestrian facilities and accessibility that meets or exceeds current
MDT standards for accessibility as set forth by the United States Department of Justice
2010 ADA Standards for Accessible Design, United States Access Board Proposed
Guidelines for Pedestrian Facilities in the Public Right -of -Way (2011 PROWAG), and
MDT's detailed drawings, 608 series.
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THE PARTIES UNDERSTAND AND AGREE THAT THE FAILURE OF EITHER PARTY
TO PERFORM THE DUTIES AND RESPONSIBILITIES SET FORTH IN THIS
AGREEMENT MAY BE DEEMED A MATERIAL BREACH OF THE CONTRACT FOR
WHICH ANY AVAILABLE REMEDY PROVIDED BY LAW MAY BE ASSERTED IN THE
DISTRICT COURT. IN ANY LEGAL PROCEEDING TO ENFORCE ANY PROVISION
OF THIS AGREEMENT OR FOR BREACH OF THIS AGREEMENT, THE PREVAILING
PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND ATTORNEY'S FEES.
IN WITNESS WHEREOF, the State's authorized representative has signed on behalf of
the State of Montana, and the Manger of the City of Kalispell, on behalf of the City, has
signed and affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
By
By
By
Administrator - Engineering Division
Approved for Legal Content
Approved Civil Rights
ATTEST:
By,
Aimee Brunckhorst, City Clerk
APPROVED AS TO FORM:
By
Charles A. Harball, City Attorney
, 2018
CITY OF KALISPELL
By
Doug Russell, City Manager
I, Aimee Brunckhorst, City Clerk of the City of Kalispell, hereby certify that
this agreement was regularly adopted by the City Council at a meeting held on the
day of , 2018; and that the City Council authorized the City
Manager to sign this agreement on behalf of the City of Kalispell.
Aimee Brunckhorst, City Clerk
N
9222000 Exhibit A Revised 01/18
MDT NONDISCRIMINATION
AND
DISABILITY A COMMODATION NOTICE
Montana Department of Transportation ("MDT°) is committed to conducting p1l.91 its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits d0y.4l)S1All discrimination and protections are all inclusive (hereafter
protected classes") by its employees or anyone with whom MDT does business
Federal protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, & Limited English Profrc,ency
State protected classes
Race, color, national origin, parental/marital star
pregnancy, childbirth, or medical conditions
related to pregnancy or childbirth, religion/
creed, social origin or condition, genetic
information, sex, sexual orientation, gender
identification or expression, national origin,
ancestry, age, disability mental or physical, po '
or religious affiliations or rdeas, military ser%
veteran status
For the duration of this contract/agreement. the PARTY agrees as follows-,
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non -
Discrimination in Federally and State -assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract
(2) Non-discrimination:
a The PARTY, yytttt[egaCd tp 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 discnminate on the grounds of any protected
classes.
ii. Statement that PARTY will provide employees and members of the public that it
serves with reasonable accommodations for any known disability, upon request.
pursuant to the Americans with Disabilities Act as Amended (ADA)
iii. Contact information for PARTY's representative tasked with handling non-
discnminabon complaints and providing reasonable accommodations under the
ADA
Page i of d
9222000 Exhibit A Revised 01/18
iv. Information on how to request information in alternative accessible formats
In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in 61191
its hiring/subcontracting notices, that all hinng/subcontracting will be on the basis of
merit and qualifications and that PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the
MDT website at mdt.mt.govlbusiness/contracting/civiVdbe shtml
b By signing this a [_g eemeni the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate Qn.the-
0js .Q( 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
ativard and administration of DOT -assisted contracts Failure by the contractor
to carry out these requirements is a matenal 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 contracUagreement 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 contracUagreement 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-
discnminabon provisions of this contractlagreement, 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 contracUagreement, in whole or in part
Page 2 of 4
11
9222000 Exhibit A Revised 01/18
(7) Pertinent Non -Discrimination Authorities:
During the performance o z contract/agreement, the PARTY, for itself, its assignees and
successor in interest, agrees to comply with the following non-discrimination statues and
authorities, including but not limited to
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.0 § 2000d et seq., 78 stat. 252), (prohibits
discrimination Qgtft81ka515_Qf race. color. national origin); and 49 CFR Part 21,
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (42
U.S.C. § 4601) (prohibits unfair treatment of persons displaced of 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 QnZhp.
Vigi5, pi sex),
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq ) as amended (prohir
discrimination Qq,tnQka51$.Qf disability), and 49 CFR Part 27.
- The Age Discrimination Act of 1975, as amended, (42 U.S.0 § 6101 et seq.). (prohibits
discrimination Q0.thQka5j5.Q( age);
- Airport and Airvrays Improvement Act of 1982, (49 U S.0 § 471 Section 47123), as amende
(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 recipient-*
sub -recipients and contractors. whether such programs or activities are Federally funded or
not),
- Titles II and III of the Americans vith Disabilities Act, which prohibits discrimination Qn ►hekasaq
91 disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.0 §§ 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.0 § 47123) (prohibits
discrimination Qp theka515.Qf race. color national origin, and sex),
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which prevents discrimination against minority
populations by discouraging programs. policies and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations
Page 3 of 4
12
9222000 Exhibit A Revised 01/18
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discriminah
because of Limited English Proficiency (LEP), To ensure compliance with Title VI, you must
take reasonable steps to ensure that LEP persons have meaningful access to your programs
(70 Fed Reg. at 74087 to 74100);
- Title IX of the Education Amendments of 1479, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U S C § 1681 et seq.)
- Executive Order 13672 prohibits discrimination in the civilian federal workforce pnjft@ka$15 Q(
gender identity and in hiring by federal contractors on the basis of both sexual onentation and
gender identity.
State
- Mont Code Ann. § 49-3-205 Governmental services,
- Mont Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will
14VR armn 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 sttly.
(q(Q any litigation to protect the interests of MDT. In addition, the PARTY may request the United
States to,pt@r jnjQ the litigation to protect the interests of the United States.
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