E6. MDT Construction Agmt7TY
M"N7--A NA
201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903-Phone (406)758-7720
www.kalispell.coin
To: Doug Russell, City Manager
From: Susie Turner, P.E., Public Works Director
Re: Construction Agreement between the City of Kalispell and the Montana Department of
Transportation for Federal Aid Project No. UPP 6799(44) also Known as Kalispell -Urban UPN 9222
Council Meeting Date: May 7, 2018
The Montana Department of Transportation plans to construct and/or reconstruct state designated urban
routes in the City of Kalispell. Improvements for the urban routes are as follows:
• North Meridian Road (U-6701): Mill, overlay, and chip seal construction over and upon North
Meridian from Hwy 2 to Hwy 93 N
• East Center Street (U-6714): Mill, overlay, and chip seal construction over and upon East Center
Street from 4`h Ave E to Woodland Ave
• 7th Street West (U-6731): Mill, overlay, and chip seal construction over and upon 7th Street West
from S Meridian Road to 5`h Ave W
• 7th Avenue West (U6720): Mill, overlay, and chip seal construction over and upon 7th Avenue
West from 11 St W and W Center Street
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. UPP
6799(44) also Known as Kalispell -Urban UPN 9222.
ACTION REQUESTED: Motion to approve the Construction Agreement for Federal Aid Project No.
UPP 6799(44) also Known as Kalispell -Urban UPN 9222.
FISCAL EFFECTS: The construction will be funded by the Montana Department of Transportation
through the Urban Pavement Preservation Program (UPP).
ALTERNATIVES: As suggested by City Council.
ATTACHMENT: Agreement
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KALISPELL URBAN
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. UPP 6799(44), also known as
Kalispell - Urban, UPN 9222000, and
WHEREAS, the construction will be over and upon the following Urban Routes in
the City of Kalispell:
North Meridian Road (U-6701) RP 0.0 to RP 1.2
East Center Street (U-6714) RP 1.1 to RP 1.2
7t" Street West (U-6731) RP 0.0 to RP 0.6
7tn Avenue West (U6720) RP 0.0 to RP 0.8
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,
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II. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
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 AREAS 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
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9222000
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
(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 City 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) The City has reviewed and approved the plans.
(E) The City will continue to enforce the ordinances, laws and/or regulations
necessary and essential for the operation of the improvements as planned.
(F) All signs required to enforce City ordinances shall be maintained by the
City.
(G) 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.
H) 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. Specifically, the City will maintain
or cause to be maintained the sidewalks adjacent to both sides of following routes:
North Meridian Road (U-6701) RP 0.0 to RP 1.2
East Center Street (U-6714) RP 1.1 to RP 1.2
7t" Street West (U-6731) RP 0.0 to RP 0.6
7tn Avenue West (U6720) RP 0.0 to RP 0.8
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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.
(2) 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.
(3) 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.
(1) Roadway Maintenance:
(a) 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 roads listed below within the City
including the roadway surface, pavement markings, and curb and gutter.
Specifically, the City will maintain or cause to be maintained the roadway
surface listed below:
North Meridian Road (U-6701) RP 0.0 to RP 1.2
East Center Street (U-6714) RP 1.1 to RP 1.2
7tn Street West (U-6731) RP 0.0 to RP 0.6
7tn Avenue West (U6720) RP 0.0 to RP 0.8.
(b) If, during its inspections, the City encounters a condition on the roadway
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.
(c) 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
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9222000
(1) Construction Storm Water General Permit
(a) Upon completion of all physical work associated with
construction activity, the parties will inspect the temporary erosion and sediment control
measures and devices as part of the Department's final inspection with the
Department's contractor. The Department will provide the City with the Storm Water
Pollution Prevention Plan (SWPPP) package for City review. Within ten (10) business
days of receiving the package, the City will provide the Department with an itemized list
of any outstanding records or deficiencies associated with the SWPPP. Upon the
Department's and City's approval of site conditions and contractor records, the
Department will provide the City a Permit Transfer Notification (PTN) form. The City will
return the signed PTN form to the Department within ten (10) business days. The
Department will forward the completed PTN form and transfer fees to the Montana
Department of Environmental Quality (DEQ).
(b) Once DEQ transfers the Construction Storm Water General
Permit Authorization, the City will inspect, maintain, and revise the Best Management
Practice devices (BMPs) in accordance with DEQ permit requirements until final
stabilization is met and permit coverage is terminated.
(c) The Department agrees to pay annual fees associated with
permit coverage until termination. To assure payment, the City must forward invoices to
the Department's Environmental Services Bureau for payment.
(2) 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.
(K) Term — This Agreement shall continue until all parties agree to supersede this
Agreement within another Agreement.
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
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9222000
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.
(M)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
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) Certificates of Insurance: Insurance is to be placed with an insurer with a
Best's rating of no less than A-. The Best's rating requirement does not apply
to any governmental entity self-insurance or risk -sharing pool insurance
coverage. The City must notify the State immediately of any material change
in insurance coverage, such as changes in limits, coverages, changes in
status of policy, etc. The State reserves the right to require complete copies
of insurance policies at any time.
c) 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.
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(N) 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 10.96% for fiscal year 2016 (July 1, 2017 to June 30, 2018). 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).
i. Invoice will be sent to:
City of Kalispell
Attention: Susie Turner, Public Works Director
PO 1997
Kalispell, MT 59901
ii. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
(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."
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9222000
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.
9222000
IN WITNESS WHEREOF, the State's authorized representative has signed on behalf of
the State of Montana, and the Mayor 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 , 2018
Administrator - Engineering Division
By
By
Approved for Legal Content
Approved Civil Rights
ATTEST: CITY OF KALISPELL
By By
Aimee Brunckhorst, City Clerk Mark Johnson, Mayor
APPROVED AS TO FORM:
By
Charles A. Harball, City Attorney
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
Mayor to sign this agreement on behalf of the City of Kalispell.
Aimee Brunckhorst, City Clerk
W"
9222000 Exhibit A Revised 01/18
MDT NONDISCRIMINATION
AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation ("MDT") is committed to conducting NLQ1 its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits dgy,a[t>;I pjI 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 Proficiency
State protected classes
Race, color, national origin, parental/marital 5tatut5,
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, political
or religious affiliations or ideas, military service or
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.1
(2) Non-discrimination;
a. The PARTY, yM[MCjjp 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
contractlagreement
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 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-
discrimination complaints and providing reasonable accommodations under the
ADA.
Page t of 4
10
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 01I-9f
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.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contractlagreement, 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/civittdbe.shtml
b. By signing this the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate pn.(he.
W;14.Qf 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.
11
9222000 Exhibit A Revised 01/18
(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:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S,C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination pA ljehasj$.Qt race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects),
- Federal -Aid Highway Act of 1973, (23 U.S.C, § 324 et seq.), (prohibits discrimination Qn tbt'
WAji,5.91 sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.)> as amended, (prohibits
discrimination th�ka�j$.Qj disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U S.G. § 6101 et seq.), (prohibits
discrimination fin �heka;;j$.Qf age);
- Airport and Airways Improvement Act of 1982, (49 U S.0 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
. The Civil Rights Restoration Act of 1987, (PL 100-209). (broadened the scope, coverage. and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination PJ3th@kasj5.
91 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 QJ]Jhekasj$.Qf race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations,
Page '_. of 4
12
9222000 Exhibit A Revised 01/18
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must
take reasonable steps to ensure that LEP persons have meaningful access to your programs
(70 Fed. Reg. at 74087 to 74100);
- TrUe IX of the Education Amendments of 1Q7� as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S,C. § 1681 et
- Executive Order 13672 prohibits discrimination in the civilian federal workforce Pj)Ae,ka$jS Qt
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
Mont. Code Ann_ § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will
taKft AQGOfl 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 snW
IOtQ any litigation to protect the interests of MDT. In addition, the PARTY may request the United
States to QJIt@C10tQ the litigation to protect the interests of the United States.
Pave 4 0; a
13