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1. Resolution 5403 - Utilities Agreement2011 Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406) 758-7720 — Fax (406) 758-7831 www. kalispeff eom REPORT TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works SUBJECT: Utility Agreement —FT 15(85) I/C US 2 South - Kalispell MEETING DATE: 2 November 2009 BACKGROUND: MDT plans to construct improvements for the first phase of the Kalispell Bypass beginning late this year. In order to move forward with the overall project a standard construction agreement must be entered into between the City and MDT, a copy of which is attached. This must be done before MDT is allowed to open bids on the project. Bid opening is tentatively set for November 3, 2009. Public Works and the City Attorney have reviewed the agreement and found it to be satisfactory in all respects. RECOMMENDATION: Approve MDT/City Utility Agreement for the utility relocations for the first phase construction of Kalispell Bypass project. FISCAL EFFECTS: Significant affects that are more completely detailed as follows: This project will involve relocation of certain City water and sewer utilities with the majority of work to be done and initially funded by the City from amended Water and Sewer fund operating budgets. It will also involve the extension of certain City water and sewer utilities by MDT at their cost. The requirement for these extensions arose from their project right-of-way negotiations. The City's Water Facilities Plan, adopted by City Council, recommends the increased size for these extensions. The cost of the upsize should be paid from the Water Fund Impact Fee account that is specifically established for unscheduled main upsizing. The State's initial independent estimate of the work scope and cost breakdown for the work is more completely detailed in Exhibit A attached to the agreement. Specific differences between the estimates made by the State and the City estimates for the budget amendment previously approved ( State estimate of total cost = $688,051.35, City budget amendment total = $596,780.00) are due to two factors: Legislatively mandated MDT rules for estimating eligible project item costs, and the State's estimates are inclusive of all eligible costs for the entire project which includes utility relocation work on Corporate Way, the cost of which was not included in the previously approved Water and Sewer Fund budget authority within the Westside Tax Increment District and thus did not require a budget amendment to accomplish. As previously stated, the recently approved budget amendments dealt with only the Water and Sewer funds. The MDT/City agreement also indicates a difference in the total estimated financial participation, or reimbursement. This difference (State estimate = $511,175.03; City estimate shown in the previously approved budget amendment = $447,585.00) is also related to the different MDT rules for estimating eligible project item costs, and the State's reimbursement estimate includes all eligible costs for the entire project, including the aforementioned work on Corporate Way which was not included in the Water and Sewer budget amendment process. Costs for the project work are programmed in the Water Fund in two general areas: Impact fees and Capital Outlay funds: Impact fees: This is estimated as follows: Pipe size increase (from 8" to a 14") for water line extension to be installed by the State at a cost of approximately $6,484.64 for the larger size pipe; unscheduled main size increases are currently budgeted in account line #5210-447-430555-930, which is currently funded at $240,000.00. Reimbursement of approximately $4,500.00 by the State leaves a net increase in planned expenditures within the fund of approximately $1,984.64. Water Capital Outlaw Line 5210-447-430550-954 will be charged approximately $306,872.00 related to water line relocation costs; this is the amount of the previously approved budget amendment. Specific funding breakdowns for the project work are currently estimated to be funded in the Sewer Fund in only one area: Capital Outlay funds: Sewer Capital Outlaw Line 5310-454-430630-954 will be charged approximately $289,908.00 related to sewer line relocation costs; this is the amount of the previously approved budget amendment. In addition to the project costs related to the work funded by the Water and Sewer funds, other work to relocate utilities in Corporate Way, which are inside the Westside Tax Increment District, will be funded under separate currently existing budget authority within that fund. Westside Tax Increment District: Line 2188-453-430246-955 will be charged approximately $200,524.00 to relocate existing water and sewer lines. Reimbursement estimates for the impact fee portion of the work are clearly specified in the agreement because this is work to be done under the state contract. Reimbursements of the Water Fund, Sewer Fund and Westside Tax Increment accounts will be apportioned based on the actual constructed costs for the items funded by those accounts. Initial reimbursement estimates provided by the state are subject to the general rules for reimbursement eligibility currently in use by the State. These rules disallow various project costs incurred by the City, such as contractor mobilization and traffic control. These are not recoverable by the City. It should be noted that this exclusion does not apply to these same costs when they are to be paid by the City when City items are included in State contracts. In such cases, as is being done for the impact fee funded items on the State work for the Bypass, the State does charge these expenses to the City. We are not able to change this obviously inconsistent method of treating these costs. It should also be recalled that all values shown for the anticipated costs to be incurred by the City, and the anticipated amounts to be reimbursed by the State, are at this point estimated costs based on current engineering data and that all these estimates are based on best available historical data. Actual costs available from contractor's bid proposals and/or construction invoices will be used in all project cost accounting. The actual costs incurred, based on installed quantities of currently estimated items will be reflected in year-end totals for all funds affected by this project. ACTION REQUESTED: AT CITY COUNCIL MEETING OF NOVEMBER 2ND — MOTION TO APPROVE UTILITY AGREEMENT MT 15(85) I/C US 2 SOUTH - KALISPELL ALTERNATIVES: As suggested by the City Council Respectfully submi Jos C. Hansz, P.E. Director of Public Works Amy Robertson Finance Director Attachment: MDT/City Agreement Jane Howington City Manager r �, 1 V UM ,, r WHEREAS, the State of Montana proposes to construct a public highway to be known as MT 15(85) in Flathead County, State of Montana, and designated as Highway Project US South -Kalispell; and WHEREAS, the public highway to be constructed is over and near the present highway right- of-way known as Kalispell Bypass where certain water and sanitary sewer facilities are in conflict with the construction of the first phase of the Kalispell Bypass, and WHEREAS, the State of Montana and the City of Kalispell agree that it is necessary and in the public interest of all parties that some of the existing utility facilities be adjusted, repaired, replaced, and relocated; and WHEREAS, the State of Montana seeks to enter into an agreement with the City of Kalispell to reimburse the City of Kalispell for certain costs incurred with the relocation of water mains, sewer mains, and appurtenant items in connection with Highway Project US South -Kalispell. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. It is hereby resolved by the City Council of the City of Kalispell that Utilities Agreement No. MT 15(85), Highway Project US 2 South - Kalispell, with the State of Montana, acting by and through the Department of Transportation, is approved; and the City Manager of Kalispell is hereby empowered and authorized to execute said Agreement. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS 2ND DAY OF NOVEMBER, 2009. Pamela B. Kennedy Mayor M m Theresa White City Clerk me To: Jim Hansz, P.E. Public Works Director/City Engineer From: Frank Castles, P.E. Deputy Public Works Director Date: October 19, 2009 Re: U.S. Highway 93 Bypass — Utilities Agreement for Reimbursement Attached is the Utilities Agreement for reimbursement for relocating water and sewer mains and appurtenant items due to the construction of the U.S. 93 Bypass South. Staff has examined the agreement and has determined that it meets the intent of this Department's requirements. The Agreement appears to require approval via Resolution by the City Council. Please forward to the City Council for their approval. 201]'Avenue East, P.O. Box 1997, KalispeM MT 59903 Phone (406) 758-7720 — Fax (406) 758-7831 www.kahspelLcmn STATE OF MONTANA DEPARTMENT OF TRANSPORTATION UTILITIES AGREEMENT This Agreement is entered into this day of , 2009 between the State of Montana, acting through its Department of Transportation, hereinafter called the "STATE", and the City of Kalispell, owner of the utility, hereinafter called the "OWNER". WITNESSETH: WHEREAS, the STATE proposes to construct a public highway to be know as MT 15(85) in Flathead County, State of Montana, and designated as Highway Project US 2 South - Kalispell, as shown on plans submitted to Owner, and WHEREAS, that public highway is to be constructed over and near the present highway right-of-way known as Kalispell - By-pass, where certain water and sanitary sewer facilities under the jurisdiction of OWNER are in conflict with the construction of the public highway, as shown by "Exhibit A", and WHEREAS, STATE and OWNER agree that it is necessary and in the public interest of all parties that some of the existing facilities be adjusted, repaired, replaced and relocated, and WHEREAS, STATE and OWNER agree that the construction of the public highway and some of the work, including adjustment, replacement, repair and relocation of certain existing facilities, be included in the contract entered into by STATE and a private contractor, and that the manner of performing the construction referred to in the Agreement is in the best interest of the STATE and OWNER. NOW THEREFORE, in consideration of the mutual obligations contained herein, STATE and OWNER agree that: STATE will let a project for the construction of the public highway, including some of the work covered in this Agreement, as shown by "Exhibit A." 2. Pursuant to the authority granted to OWNER by the laws of Montana, OWNER Project No. MT 15(85) grants to STATE the authority to adjust, replace, repair and relocate those facilities under the jurisdiction of OWNER which presently occupy part of the proposed right-of-way. 3. All construction preformed pursuant to this Agreement shall be done in accordance with the then -current Standard Specifications for the Road and Bridge Construction, Montana Public Works Standard Specifications, and the Plans, Specifications and Special Provisions of the construction or improvements for the project prepared by OWNER, all of which are by this reference incorporated and made a part of this Agreement. 4. The adjustments to the facilities referred to in this Agreement cover only that segment of the water and sanitary sewer system of OWNER directly affected by the construction of the highway and STATE and OWNER will determine which adjustments to facilities of OWNER are necessary; and the STATE shall, in accordance with the plans, construct the most economical type of facilities in the new location that will meet the same service requirements of the old facilities in the old location. 5. The STATE will stake and inspect the STATE contractor's portion of the installation of the new water line. The STATE'S contractor will chlorinate and pressure test the new water line. The OWNER will pay the STATE for the actual cost of work accomplished on the OWNER'S line based on contract bid prices. An additional 8% will be applied to the billing of construction costs to cover the cost of Traffic Control and an additional 8% to cover the cost of Mobilization. Section 17-1-106. MCA, requires any state agency, including the STATE, that receives non -general funds to identify and recover its indirect costs. These costs are in addition to direct project costs. STATE'S indirect cost rate is determined annually as a percentage of the project's direct costs to cover the project's share of STATE'S indirect costs as defined by OMB Circular A-87. STATE'S indirect cost rate is 14.06% for fiscal year 2010 (July 1, 2009 to June 30, 2010). 2 Project No. MT 15(85) For this project, STATE billings to the OWNER will include a charge for the indirect costs at the current fiscal year indirect cost rate, which amount will be applied toward the total project contribution of the OWNER. [Note: If this project 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 project.] 6A. The total estimated cost of the adjustments that the STATE'S contractor shall accomplish at this time is $6,484.64. Proportionate participation is: STATE $4,500.00 (75%); and OWNER $1,500.00 (25%), plus $120.00 (8%) charge for Traffic Control and $120.00 (8%) for Mobilization and an additional $244.64 (14.06%) charge for Indirect Cost (IDC). The total estimated cost to OWNER is $1,984.64. 6B. The total estimated cost of the adjustments that the City of Kalispell shall accomplish at this time is $681,566.71. Proportionate participation is: STATE $511,175.03 (75%); and OWNER $170,391.68 (25%). The total project costs are $688,051.35. Copies of cost estimate and plans indicating facility adjustments are hereby attached as "Exhibit A" and made a part of this Agreement. The STATE'S obligation under this Agreement shall be in accordance with all applicable State and Federal laws in existence on the date of execution of this Agreement. 7. By state statute, STATE will not reimburse OWNER for engineering costs for designing, location, staking, inspecting or any other incidental costs for engineering. The adjustments agreed to in Item No. 6A above are based on the STATE paying 75% of relocation costs, excepting betterments, if any, where facilities occupy public road or street rights -of -way. The OWNER will be billed in advance for its portion of the estimated total costs of the adjustments that the STATE'S contractor shall accomplish no more than sixty (60) days before bid opening. Although the anticipated expenses will have been discussed with 3 Project No. MT 15(85) OWNER representatives before that time, the STATE will provide a detailed breakdown of all estimated costs with the billing. The OWNER will submit payment to the STATE within thirty (30) days of billing. The STATE will not proceed further with the project's development if payment is not made within (30) days of billing. If the federal government requires a reimbursement or return of any federal funds because a project doesn't advance due to OWNER'S failure to make any scheduled payment, the OWNER agrees that it will reimburse the STATE for those federal funds within thirty (30) days of billing. If, after initial payment is made, bid opening or contract award by the STATE is delayed or postponed by 30 days or more, or canceled for any reason, the STATE agrees to immediately refund OWNER'S initial payment upon the OWNER'S request. If the OWNER'S share of the cost of the awarded project exceeds the amount paid by the OWNER, the OWNER will pay the excess. The contact for billing, accounting and change order questions for the OWNER shall be: City of Kalispell Attn: £r Ales James C . Hans z PO Box 1997 Kalispell, MT 59903-1997 Within six (6) months after the project has been finally accepted with the final costs submitted, the STATE will submit a final statement to the OWNER. The final statement will provide details of any expenses that may be identified as "miscellaneous". The final statement will include a refund of unspent portions of the OWNER'S initial payment, payable to the OWNER in an amount equaling the difference between that payment and the OWNER'S share of the final costs. If the final statement exceeds the OWNER'S payments thus far, the OWNER will remit to the STATE within thirty (30) days of the final statement the difference between OWNER'S share of final costs and OWNER'S earlier payment. If payment is not made within 0 Project No. MT 15(85) that thirty (30) day period, interest on the unpaid amount will accrue at the rate of 10% per year, and continue to accrue until paid in full. If the OWNER is billed for additional funds, STATE will not participate in any future funding agreements with the OWNER until full payment, including interest, is received from the OWNER. Payments to this project will be coordinated through the STATE'S Administration Division (to be directed to MDT's Accounts Receivable Collections Technician and Accounting Systems Operations Supervisor). Payments to this project will be provided to the above STATE staff in the form of a check to be credited to this project. 9. The award of the contract including the highway construction and OWNER water line relocation will be based on the successful bidder of the combined contract, as determined and accepted by STATE. 10. OWNER agrees to cooperate fully with the STATE in all aspects of the work contemplated by this Agreement. 11. OWNER acknowledges that it has reviewed the plans for the proposed construction of the facilities covered by this Agreement. 12. STATE and OWNER agree that when the construction encompassed by this Agreement is completed and accepted by STATE and concurred in by OWNER all responsibility of STATE ceases. 13. Records of the OWNER pertaining to this project will be subject to inspection at any time by representatives of the STATE, including the legislative auditor and fiscal analyst, and the Federal Highway Administration. Project records must be retained for a period of not less than three years from the date of final payment. 14. Inspection for all phases of work on OWNER'S facility will be provided by OWNER. Contact, questions, or discussions about contractor work will be directed to the STATE'S Project Manager. No direct contact shall occur between OWNER and Contractor. 5 Project No. MT 15(85) 15. This Agreement is subject to the terms and provisions of Volume 23 Code of Federal Regulations, Part 645, Subpart A and B, and subsequent amendments, Title 48 Code of Federal Regulations in existence on the date of execution of this Agreement. The Code of Federal Regulations are hereby incorporated in and made part of this Agreement by reference to the extent that is applicable to this Agreement and not inconsistent therewith. 16. NONDISCRIMINATION If the OWNER enters into a contract or agreement with a contractor to perform any of the work which the OWNER is required to perform under the terms of this agreement, the OWNER, for itself, its assigns, and successors in interest, agrees that it will not discriminate in the choice of contractors and will include all the nondiscrimination provisions set forth in Exhibit "B" attached hereto and made a part hereof, in any such contract or agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. It is understood that the OWNER is responsible for obtaining any permits required for adjustment of its facility. City of Kalispell WFS:sg STATE OF MONTANA DEPARTMENT OF TRANSPORTATION Authorized Signature 2 iZOW\I��xms\l �tf19b4 i2cvis��d: 1 /�t)0� Summary of Costs for City of Kalispell Water & Sanitary Sewer Subject MT 15(85) I/C US 2 South -Kalispell Control No. 2038000 E�3 I'T insxGT . Item No. Quantities Description Unit Unit Cost Total Unit Cost 621213000 1 Reset Valve Box Each $500.00 $500.00 621230000 1 Reset Fire Hydrant Each $2,200.00 $2,200.00 621430000 6 _Adjust manholes Each $550.00 $3,300.00 Total $6,000.00 State's Cost Share 75% $6,000.00 X .75 = $4,500.00 $4,500.00 STATE's TOTAL COST $4,500.00 City of Kalispell Cost Share 25% $6,000.00 X .25 = $1,500.00 $1,500.00 Mobilization 8% $1,500.00 X .08 = $120.00 $120.00 Traffic Control 8% $1,500.00 X .08 = $120.00 $120.00 City of Kalispell Sub Total $1,500.00 + $120.00 + $120.00 = $1,740.00 $1,740.00 IDC 14.06% $1,740.00 X 14.06% = $244.64 $244.64 CITY OF KALISPELL's TOTAL COST $1,740.00 + $244.64 = $1,984.64 $1,984.64 MW\FOrms\1 111V904 Zcviscd: 1/-!006 Summary of Costs for City of Kalispell Water & Sanitary Sewer Subject MT 15(85) I/C US 2 South -Kalispell Control No. 2038000 Item No. Quantities Description Unit UnitCost Total Unit Cost 1 Mobilization/Demobilization LS $64,059.70 $64,059.70 760 6" Force Main -Directional Drill LF $235.00 $178,600.00 50 6" Force main -Direct Bury LF $250.00 $12,500.00 24 Additional Vertical Feet VF $300.00 $7,200.00 4 6" x 450 Bend EA $800.00 $3,200.00 2 Connect to Existing Sewer Force Main EA $5,500.00 $11,000.00 1 Traffic Control EA $42 950.00 $42 950.00 556 8" Sewer Main LF $47.00 $26 132.00 103 8" Sewer Main -Direction Drill LF $205.00 $21,115.00 3 Manholes EA $2 500.00 $7 500.00 18 Additional Vertical Feet VF $150.00 $2 700.00 3 Connect to Existing Sewer Main EA $2 500.00 $7 500.00 120 14" Water main-HDPE Direct Bury LF $50.00 $6 000.00 3 12" Gate Valves EA $2,500.00 $7,500.00 905 12" Water main-HDPE Drectional Drill EA $220.00 $199 100.00 2 12" Connection to Ex. Main -Live Tap EA $4 000.00 $8 000.00 2 12" Fittings EA $850.00 $1,700.00 2 12" End Caps EA $850.00 $1,700.00 2 12" x 451 Bend EA $850.00 $1,700.00 2 12" x 11.250 Bend EA $850.00 $1,700.00 2 14" x 12" Reducer EA $850.00 $1,700.00 1 12" Tee EA $850.00 $850.00 345 14" Water Main LF $50.00 $17,250.00 150 14" Main Directional Drilling LF 1 $225.00 $33,750.00 1 12" x 450 Bend EA $800.00 $800.00 1 Fire Hydrant Assembly EA $3,500.00 $3,500.00 1 12" x 22.50 Bend EA $800.00 $800.00 2 12" x 11.250 Bend EA $800.00 $1,600.00 1 12" x 8" Tee EA $800.00 $800.00 1 8" Gate Valve EA $2 500.00 $2 500.00 1 8" x 6" Tee EA 1 $800.00 $800.00 2 8" End Cap EA $780.00 $1 560.00 1 12" End Cap EA $800.00 $800.00 1 Connection to Ex. Mains EA $3 000.00 $3 000.00 Total $681,566.70 State's Cost Share 75% $681,566.70 X .75 = $511,175.03 $511,175.03 STATE's TOTAL COST $511,175.03 City of Kalispell Cost Share 25% $681,566.70 X .25 = $170,391.68 $170,391.68 CITY OF KALISPELL TOTAL COST $170,391.68 a EXHIBIT A R()W\ForiwM J11\904 '�Cvlsk'd: 1/2006 Recap of Costs for City of Kalispell Water & Sanitary Sewer Subject MT 15(85) I/C US 2 South -Kalispell Control No. 2038000 STATE's RESPONSIBILITY Work to be completed by State's Contractor $4,500.00 Work to be completed by the City of Kalispell $511,175.03 l- A L .13f A 11-] i 1 A R IfF ),61 -5, 6- 7 31 CITY OF KALISPELL's RESPONSIBILITY ,Work to be completed State's Contractor $1,984.64 ,Work to be completed by the City of Kalispell $170,391.68 1'01- AL C'(31'33T (J"' I HIN") k'JR4 'i i 3 APPROV �,D DXFE C� SIGNAIJ_J�E EXHIBIT "B" NON-DISCRIMINATION NOTICE During the performance of this Agreement City of Kalispell (hereafter in this Section "the Party"), for itself, its assignees and successors in interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS (1) Compliance with Regulations: The Party shall comply with all Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, 49 Code of Federal Regulations (CFR), Part 21, as they may be amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part of this Agreement, even if only state funding is here involved. (2) Nondiscrimination: The Party, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Sec. 21.5. (3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the Party for work to be performed under a subcontract, including procurement of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the Party of the Party's obligations under this Agreement and the Regulations relative to nondiscrimination. (4) Information and Reports: The Party will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as may be determined by State or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the Party is in the exclusive possession of another who fails or refuses to furnish this information, the Party shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Party's noncompliance with the nondiscrimination provisions of this Agreement, State may impose sanctions as it or the FHWA determines appropriate, including, but not limited to, (a) Withholding payments to the Party under the Agreement until the Party complies, and/or (b) Cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: The Party will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Party will take such action with respect to any subcontract or procurement as the State or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the Party is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Party may request the State to enter into the litigation Revised November 17, 2005. to protect the interests of the State, and, in addition, the Party or the State may request the United States to enter into such litigation to protect the interests of the United States. B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEC. 49-3-207, MCA In accordance with Section 49-3-207, MCA, the Party agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (1) The Party will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) The Party will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "The Party will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the Party. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the Party." (3) All video recordings produced and created under contract and/or agreement will be closed -captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26 Each Agreement the Department signs with a Party (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The Party, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Party shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. 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