20-073.00 Avista Corp: Barker/BNSF Grade Separation DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91 F19FCE2765
Utility Construction Agreement Utility Name
Work by Utility — LOCAL AGENCY Cost Avista Corporation, d/b/a Utilities
Agreement Number Project Title/Location
R-43107 Barker Road/BNSF Grade Separation Project
State Route Mileposts Spokane Valley, Washington
SR From to
Estimated Agreement Amount
This Utility Construction Agreement is made and entered into between the City of Spokane Valley
(LOCAL AGENCY) and the above named Utility; hereinafter referred to individually the "Party"
and collectively the "Parties."
Recitals
1. The LOCAL AGENCY is planning the construction of the Barker Road/BNSF Grade
Separation Project, and in connection therewith, it is necessary to remove and/or relocate
and/or construct certain Utility facilities (Work).
2. The LOCAL AGENCY is responsible for the cost of the Work affecting the Utility's facilities
located pursuant to a documented ownership of and/or interest in real property, such as
an easement, fee title, or court finding of prescriptive right, which is impacted by the
LOCAL AGENCY project.
3. The Work shall be defined as all materials, equipment, labor, contract administration and
any other effort required to perform the relocation, construction, and/or removal of the
Utility's electric, natural gas and/or fiber facilities. For purposes of this Agreement, the
Work shall also include the cost of securing necessary easements for the Utility's relocated
facilities, and all costs associated with bidding out the Work, if applicable.
4. It is deemed to be in the best public interest for the Utility to perform the relocation,
removal, or construction of its facilities.
Now, Therefore, pursuant to and in consideration of the terms, conditions, covenants, and
performances contained herein, as well as the attached Exhibits which are incorporated and made
a part hereof,
It Is Mutually Agreed As Follows:
1. Construction, Inspection, and Acceptance
1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects
is adopted and made a part of this Agreement as if fully contained herein.
1.2 Betterment: A betterment is any improvement to the Utility's facilities not required by code,
regulation, standard industry practice, established Avista standards or any other
applicable regulation.
1.3 The Utility shall furnish the labor, materials, equipment, and tools required for and perform
the Work in scheduling, permitting, constructing, removing and/or relocating the Utility
facilities, in accordance with this Agreement.
Page 1 of 11
DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91 F19FCE2765
1.4 If the Utility is not adequately staffed or equipped to perform all the Work required herein,
the Utility may have all or part of this Work done by a contract let by the Utility, as follows:
1.4.1 Before contracting out any Work, the Utility shall obtain written authorization from
the LOCAL AGENCY, and the LOCAL AGENCY may require the Utility to advertise
and solicit bids for the contract Work.
1.4.2 If the LOCAL AGENCY requires the Work to be advertised and bid, the Utility shall
provide a copy of all bid documents to the LOCAL AGENCY seven (7) calendar
days prior to the advertisement date for the LOCAL AGENCY comment.
1.4.3 The Utility shall notify the LOCAL AGENCY at least three (3) working days in
advance of the location and time of the bid opening so that the LOCAL AGENCY
representative may attend the bid opening.
1.4.4 The Utility shall supply a copy of the three lowest bids with itemized bid amounts
to the LOCAL AGENCY within seven (7) calendar days of bid opening.
1.4.5 If the Utility elects to use other than the lowest bid contractor, the Utility shall
provide written justification to the LOCAL AGENCY for the use of that contractor
and bid price. The LOCAL AGENCY shall review the Utility's written justification,
and if the LOCAL AGENCY does not agree therewith and the Utility awards the
bid to other than the lowest bid contractor, the Utility shall be responsible for the
cost difference between the amount of the lowest bid and the amount of the
awarded contract.
1.4.6. This Section shall not apply to contract employees who perform work for Avista in
the ordinary course of its business.
1.5 If the Utility desires to have the Work performed under an existing contract, the LOCAL
AGENCY may require the Utility to provide the LOCAL AGENCY with a copy of the
contract for the LOCAL AGENCY's written approval of the contractor and contract
charges; provided, however, that this provision shall not apply to contract employees who
perform work for the Utility in the ordinary course of its business. .
1.6 The Parties agree that nothing in the LOCAL AGENCY's approval of a Utility contractor or
bid shall be for the benefit of the Utility; all such approvals, whether written or verbal, shall
be solely for the benefit of the LOCAL AGENCY and shall not establish a contractual
relationship among the LOCAL AGENCY, the Utility, and the Utility's contractor.
1.7 All of the Utility's Work, construction procedures, materials, and/or utility installation, as
provided under this Agreement, shall be subject to the LOCAL AGENCY inspection for
solely the benefit of the LOCAL AGENCY's payment, and/or the LOCAL AGENCY project.
The Utility shall promptly notify the LOCAL AGENCY in writing when the Work is
completed. The LOCAL AGENCY shall inspect the Work for compliance with the Exhibits
attached to this Agreement. The LOCAL AGENCY will notify the Utility in writing of any
non-compliance that would impact the LOCAL AGENCY's payment, state highway and/or
the LOCAL AGENCY project. The Utility agrees to make the necessary changes to satisfy
the LOCAL AGENCY requirements or adjust the invoice. The LOCAL AGENCY's
inspection shall not reduce or modify the Utility's responsibility for the Work.
1.8 Upon completion of the Work, the Utility agrees that it shall be solely responsible for all
future ownership, operation and maintenance costs of its facilities, without the LOCAL
AGENCY liability or expense.
Page 2 of 11
DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765
1.9 The Utility's obligations under this Agreement are contingent upon the availability of an
outage window that is satisfactory to the Utility up until the time of commencement. In
addition, Work shall not begin until all necessary easements and rights-of-way have been
secured for the Utility's facilities. The Utility shall endeavor to secure all necessary
easements, but shall consult with the LOCAL AGENCY regarding any payments to be
made to landowners in connection with the procurement of the same. The cost of
acquisition of necessary easements shall be chargeable to the LOCAL AGENCY. In the
event that the Utility is unable to secure any necessary easements, the LOCAL AGENCY
and the Utility shall meet and mutually agree on other options, including, without limitation,
commencement of condemnation proceedings.
1.10 The current estimated Transmission outage window is August 17-28, 2020. This window
is subject to change based upon the Utility's operational needs and necessary right-of-
way acquisition.
1.11 As a condition of this Agreement, the LOCAL AGENCY confirms that the Transmission
and Distribution designs as reflected in Exhibit "B", are satisfactory, and that the outage
window specified in Section 1.10, above, is acceptable. Should the LOCAL AGENCY
request a change in the design or alignment of the utility relocation, or in the schedule of
the Work, the LOCAL AGENCY shall be responsible for all reasonable cost and schedule
impacts related to the same. In addition, the LOCAL AGENCY recognizes and agrees
that such a change may delay the project beyond the current outage window, in which
case rescheduling the Work may be delayed until a new outage window, suitable to the
Utility, may be secured.
1.12 The LOCAL AGENCY and the Utility may agree to relocate portions of the Utility's
Facilities within the public road right-of-way. Should the LOCAL AGENCY require
subsequent relocation of those Facilities, however, such relocation shall be at the sole
cost and expense of the LOCAL AGENCY, and without cost to the Utility, irrespective of
the terms of any existing Franchise Agreement between the parties.
2. Authority to Begin Work and Work Schedule
2.1 The Utility agrees not to begin Work until the LOCAL AGENCY has provided written notice,
authorizing the Utility to begin Work. The LOCAL AGENCY shall not be obligated to
reimburse the Utility for any Work performed before the date of notification. The Utility's
obligation to commence work is dependent upon the availability of a suitable outage
window, as determined by the Utility in its sole discretion.
2.2 Subject to the conditions of this Agreement, the Utility agrees to use its best efforts to
avoid a delay to or interfere with the LOCAL AGENCY's contractor in the performance of
the LOCAL AGENCY's project.
3. Compliance
3.1 The Utility agrees to comply with all applicable laws, federal requirements (including Buy
America and Title VI of the Civil Rights Act per Exhibit C) and environmental requirements
of any jurisdictional agency and is responsible for obtaining any necessary environmental
permits required in order to perform the Work.
3.2 The Utility agrees to obtain and comply with any other permits from any jurisdictional
agency that are required in order for the Utility to perform the Work.
Page 3 of 11
DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765
4. Payment
4.1 The LOCAL AGENCY is responsible for the cost of the Work, excluding all betterment
work, for the Utility's facilities that are located pursuant to a documented ownership
interest in real property, such as an easement, fee title, or court finding of prescriptive
right, which are impacted by the LOCAL AGENCY project, as shown in Exhibits A. Exhibit
A, Cost Estimate, contains an itemized cost estimate of the LOCAL AGENCY-responsible
costs for the Work to be performed by the Utility.
4.2 The LOCAL AGENCY, in consideration of the faithful performance of the Work to be done
by the Utility, agrees to reimburse the Utility for the actual direct and related indirect cost
of the Work, excluding all betterment work, for which the LOCAL AGENCY is responsible
as defined in Exhibit A. The Utility agrees to invoice the LOCAL AGENCY and provide
supporting documentation for all charges, and the LOCAL AGENCY agrees to pay the
Utility within thirty (30) days of receipt of an invoice. Payments shall not be more frequent
than one per month. A partial payment will not constitute agreement as to the
appropriateness of any item and that, at the time of final invoice, the Parties will resolve
any discrepancies.
4.3 The Utility shall submit a final invoice to the LOCAL AGENCY within ninety (90) calendar
days following completion of the Work. In the event that the final invoice reveals an
overpayment to the Utility, the Utility agrees to refund such overpayment to the LOCAL
AGENCY within thirty (30) days.
5. Change in Work or Cost Increase
5.1 The LOCAL AGENCY agrees that the amount shown in Exhibit A may not reflect the actual
costs of the Work. Should the Utility determine that the Work costs for which the LOCAL
AGENCY is responsible might exceed the cost estimate by more than ten (10) percent,
the Utility shall immediately notify the LOCAL AGENCY before performing any Work in
excess of the Exhibit A estimate plus the additional percentage. The LOCAL AGENCY
and the Utility will, if necessary, amend Exhibit A to revise the cost estimate before the
Utility incurs costs above the amount shown in Exhibit A plus the additional percentage.
5.2 Should it be necessary to modify the Scope of the Work, the Utility agrees to immediately
notify the LOCAL AGENCY of all proposed changes, and the LOCAL AGENCY agrees to
provide written notice of its acceptance or rejection of the change(s), in writing, within ten
(10) working days.
6. Franchise, Permit or Easement
6.1 Upon completion of the Work covered under this Agreement, the Utility agrees to prepare,
execute and deliver to the LOCAL AGENCY a quit claim deed for all existing easements,
fee title, or court finding of prescriptive right, which are no longer necessary for the Utility's
facilities and which may be vacated as a result of the relocation of Utility facilities
6.2 Both parties recognize and agree that the parties' ability or inability to obtain satisfactory
easements as provided for in Section 1 may impact the schedule for the Work.
7. Right-of-Entry
7.1 Subject to the Utility obtaining all required permits and meeting any other requirements for
Work conducted within the publicly owned right-of-way, the LOCAL AGENCY hereby
grants the Utility a right-of-entry upon all land in which the LOCAL AGENCY has interest
for the purpose of performing the Work. Upon completion of the Work, this right-of-entry
shall terminate except as otherwise provided in Section 6.
7.2 The Utility agrees to comply with applicable requirements concerning entry onto state-
owned rights-of-way.
Page 4 of 11
DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765
8. General Provisions
8.1 Indemnification:The Parties shall indemnify and hold each other and each of their respective
agents, employees, and/or officers from and shall process and defend at their own expense
any and all claims, demands, suits at law or equity, actions, penalties, losses, damages
(both to persons and/or property), or costs, of whatsoever kind or nature, brought against
the Indemnified Party and its agents, employees and/or officers, arising out of or alleging
negligence on the party of the Indemnifying Party. If and to the extent that such claims are
caused by or result from the concurrent negligence of (a) the Utility and (b) the LOCAL
AGENCY, its agents, employees, and/or officers, or involves those actions covered by RCW
4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the
intentional or negligent acts or omissions of the Indemnifying Party, and Provided further,
that nothing herein shall require the Indemnifying Party to hold harmless or defend the
Indemnified Party, its agents, employees, and/or officers from any claims arising from the
sole negligence of the Indemnified Party, its agents, employees, and/or officers. This
indemnification shall survive any termination of this Agreement.
8.2 Disputes: If a dispute occurs between the Utility and the LOCAL AGENCY at any time
during the prosecution of the Work, the Parties agree to negotiate at the management
level to resolve any issues. Should such negotiations fail to produce a satisfactory
resolution, the Parties agree to enter into mediation before proceeding to any other legal
remedy. Each Party shall be responsible for its own fees and costs. The Parties agree to
equally share the cost of a mediator.
8.3 Venue: In the event that either Party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this Agreement, the Parties agree
that any such action or proceedings shall be brought in the superior court situated in
Spokane County, Washington unless filing in another county is required under any
provision of the Revised Code of Washington. Further, the Parties agree that each shall
be responsible for its own attorneys' fees and costs.
8.4 Termination:
8.4.1 The Utility understands that the LOCAL AGENCY retains the right to terminate this
Agreement for convenience upon thirty (30) calendar days written notice to the
Utility. In the event that the LOCAL AGENCY exercises this termination right, the
LOCAL AGENCY will reimburse the Utility for all allowable costs under this
Agreement incurred prior to the date of termination, including the costs of materials
procured for use in the project through the date of termination, unless the Utility
determines, in its discretion, that said materials can be deployed to other projects.
8.4.2 In the event funding for the Work is withdrawn, reduced, or limited in any way after
the execution date of this Agreement and prior to normal completion, the LOCAL
AGENCY may terminate the Agreement upon less than the thirty(30) calendar day
notice requirement in section 8.4.1, subject to renegotiation at the LOCAL
AGENCY's sole option pursuant to the revised funding limitations and conditions.
In the event that the LOCAL AGENCY exercises this termination right, the LOCAL
AGENCY will reimburse the Utility for all allowable costs under this Agreement
incurred prior to the date of termination, including the costs of materials procured
for use in the project through the date of termination, unless the Utility determines,
in its discretion, that said materials can be deployed to other projects.
8.5 Amendments: This Agreement may be amended by the mutual agreement of the Parties.
Such amendments or modifications shall not be binding unless put in writing and signed
by persons authorized to bind each of the Parties.
Page 5 of 11
DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765
8.6 Independent Contractor: Both Parties shall be deemed independent contractors for all
purposes, and the employees of each Party and any of its contractors, subcontractors,
consultants, and the employees thereof, shall not in any manner be deemed to be the
employees of the other Party.
8.7 Audit and Records: During the progress of the Work and for a period of not less than six
(6) years from the date of final payment. The Utility shall maintain the records and
accounts pertaining to the Work and shall make them available during normal business
hours and as often as necessary, for inspection and audit by the LOCAL AGENCY, State
of Washington, and/or Federal Government and copies of all records, accounts,
documents or other data pertaining to the Work will be furnished upon request. The
requesting Party shall pay the cost of copies produced. If any litigation, claim or audit is
commenced, the records and accounts along with supporting documentation shall be
retained until any litigation, claim or audit finding has been resolved even though such
litigation, claim or audit continues past the six-year retention period.
8.8 Working Days: Working days for this Agreement are defined as Monday through Friday,
excluding Washington State holidays per RCW 1.16.050.
In Witness Whereof, the Parties hereto have executed this Agreement as of the day and year
last written below.
Local Agency Utility
By: raftL aute,_ By:C �4g377AA050BFEAFE
Printec>S: 1 rknc�, Printed: Heather Rosentrater
Title: �, j Title: Senior Vice President, Energy
�Q 1€— Delivery
Date: v Date: i 2:46 PM PDT
Page 6 of 11
DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91 F19FCE2765
EXHIBIT A
TRANSMISSION PROJECT COST ESTIMATE (Material & Construction Estimate):
Materials: (3) Self Supporting Steel Structures @ $50,000 each $150,000
(2) Direct Embed Steel Poles @ $8,000 each $16,000
(9)Post Insulators with Clamps @ $1000 each $9,000
(21) Toughened Glass Insulators with Clamps @$150 $3,150
each
3000ft. "Drake"ACSS Conductor @ $3.00/ft. $9,000
Miscellaneous Materials (lump sum) $15,000
TOTAL MATERIALS: $202,150
Construction: (3)Drilled Pier Foundations @ $50,000 each $150,000
(2)Direct Embed Foundations @ $10,000 $20,000
Construction Materials (lump sum) $25,000
Traffic Control (lump sum) $5,000
TOTAL CONSTRUCTION: $200,000
Construction Labor: Structures: (15) Crew-Days @ $5,000/day $75,000
TOTAL CONSTRUCTION LABOR: $75,000
Totals: TOTAL (Materials and Construction): $477,150
TOTAL (Taxes, A&G, and PM @ 20%): $95,800
TOTAL COST: $572,950
Note: Any salvage value associated with the material removed from the existing Transmission
lines will be credited back to the job.
ELECTRIC DISTRIBUTION PROJECT ESTIMATE: $102,438.82
FIBER RELOCATION PROJECT ESTIMATE: $60,000.00 (See Exhibit B-3)
NATURAL GAS RELOCATION PROJECT ESTIMATE: $13,603.81
TOTAL COST ESTIMATE: $748,992.63
Page 7 of 11
DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765
EXHIBIT B
B-1: ELECTRIC TRANSMISSION RELOCATION DESIGN
,.... . . .„ 111111115f7 .
. , . . ,
.... .. , .:- .
t ' - ' .' . .. .
• r e...W" l *: ,
• '..' ., '''
/ - 12/5.,""
_....
714,
i'... ,..•;" a ;:',.:FC'
, .
, ),. , t": %,,,,,.. — • . . :`,..,1
r. . .. b.:',.....
11
r. -, ..
..--,..
..:-..-.
4. ft
1:117. , *".;Pte'•,-; , ,
,,•11
• i
..:. * .
...f .
' P .
-r
'1.11 '''. '1:11-:
1 r . L4 1 ' '
r .
_. . . _ .. . ......., , , ... .._.
, , ,.:
,.. . ...
r----
.,-..i.:- ,.
11 !
. 2' -•;p.''',..-7,_r.f.,...41.1. . i
%11
. .1" .
• r r.,
ow:
..... - 12/9
._.
_ -
,,,-..- --.. ' MP
_
Page 8 of 11
DocuSign Envelope ID:3A6EC10D-F398-49C3-9842-91F19FCE2765
B-2: ELECTRIC DISTRIBUTION RELOCATION DESIGN
'',* ...,„,,, --2% ,t.. .•-_ ___
0
- -
..-^""' E 4R<Fn-
,,'---d'°'' 15155 /1.1,‘ET
0 wOOFNEk
L
1.5 ,
ti —MI
G9,-,, .0...........-
,
t ES7 1 1
*11 A.r.,, .,.•..--.:/'.'-
'4-"-'
3-Sal 416 _-,-- I
I C 0\
3C-30944 --,
r I L
1000,z,.26/4 1 ,
I I 1
1 ' '
I I "
OM I I
I 0Sec:o_r 1 1, all
I 4 •-I A
I ' C
\1111 I I
ILI I Mill' 1
1 I
i 1 .
1 Itr'
411'in i 1 \vt
1 I k
If ts
_
_ . .
4 1 .
Oilie .,,.'4Wink • .,. - 4 _ ,..
411dt A
Distribution Relocation Cost Estimate: $102,438.82
(Does not include costs of illumination Service)
Page 9 of 11
0
0
o
m
Co
m
7
CD
CC7 0
73
�l�- CN m
r �. n' r O c C D 0
/ F �. n CO W
v % n > > g n , c a C • o a T �I m
A. �.S. R n = c t, c r' 7C = m
i . a s F a F.
tag >� 4) x U > p " CliZ n
F
ti / n n • r C v S .t u u R n < a .- P. 3 U
1111
"13 Cil
Qo
S" N � coco
111
3 O
n4 z
o QSAQ� QPQ nti
6 e' ; ZS 25 ZS �; o ft a p G o 'd C)
g �a _0 8 88 8888888 f388 C4 rn
N
l tin
3 rn
CD
o ( i �°:_ 88888 88 8RR8888 8888
o l 1 =n c c
—•
a 1•
�1 N T
\ ! oo2 A0yz1
g
II ovig
A /1
sg
ga
c
1 in
r .!
3 r N
e 3g
ff
i ).
C C
r T)
i N
m
2 c
T 4
i Q t
1
S
z
0
0
o
c
W.
m'
z
m
z
CD
oGoN ti tt
tll
11
T
j =S1 07
go
ce
A COCD
Co o N
1 dco
B W)
i M
TO i ii -,I
SD n
CO
1'
-11 Q,n
V.
N
MX"
ail
{ «i
t
\ " ,..r.4.4 4.11114
;r
DocuSign Envelope ID.3A6EC10D-F398-49C3-9842-91 F19FCE2765
Exhibit C—Assurance of Compliance with Applicable Federal Law
During the performance of this Agreement,the Utility,for itself,its assignees, and successors in interest
(hereinafter referred to as the"Utility")agrees as follows:
1. Compliance with Regulations:The Utility shall comply with the federal laws set forth in Section 7 of
this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs
of the U.S. Department of Transportation, Washington State Department of Transportation(WSDOT),
as they may be amended from time-to-time,which are herein incorporated by reference and made a part
of this Agreement.
2. Non-discrimination:The Utility,with regard to the work performed by it during this Agreement,shall
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The Utility shall not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,
including employment practices when the contract covers any activity, project, or program set forth in
Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations,either by competitive bidding,or negotiation made by the Utility for work to be performed
under a subcontract, including procurements of materials, or leases of equipment, each potential
subcontractor or supplier shall be notified by the Utility of the Utility's obligations under this Agreement
and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national
origin.
4. Information and Reports: The Utility shall provide all information and reports required by the Acts,
the Regulations, and directives issued pursuant thereto, and shall permit access to its books, records,
accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT
to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any
information required of Utility is in the exclusive possession of another who fails or refuses to furnish
the information,the Utility shall so certify to the City or the WSDOT,as appropriate,and shall set forth
what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Utility's noncompliance with the non-discrimination
provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may
determine to be appropriate,including,but not limited to:
a.withholding payments to the Utility under the Agreement until the Utility complies;and/or
b.cancelling,terminating,or suspending the Agreement,in whole or in part.
6. Incorporation of Provisions:The Utility shall include the provisions of paragraphs one through six of
this Exhibit in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts,the Regulations and directives issued pursuant thereto.The Utility shall take action
with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of
enforcing such provisions,including sanctions for noncompliance. Provided,that if the Utility becomes
involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,the
Utility may request that the City enter into any litigation to protect the interests of the City. In addition,
the Utility may request the United States to enter into the litigation to protect the interests of the United
States.
7. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Utility
agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Agreement for Professional Services(with professional liability coverage) Page 1 of 2
DocuSign Envelope ID.3A6EC10D-F398-49C3-9842-91 F19FCE2765
Exhibit C
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race,color,national origin);and 49 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 on the basis of
sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits
discrimination on the basis of disability);and 49 CFR Part 27;
The Age Discrimination Act of 1975,as amended,(42 U.S.C. §6101 et seq.),(prohibits discrimination
on the basis of age);
Airport and Airway Improvement Act of 1982,(49 USC§471, Section 47123),as amended,(prohibits
discrimination based on race,creed,color,national origin,or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors,whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities,public and private transportation systems,places of public
accommodation,and certain testing entities(42 U.S.C.§§12131-12189)as implemented by Department
of Transportation regulations at 49 C.F.R.parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits
discrimination on the basis of race,color,national origin,and sex);
Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures Non-discrimination against minority populations by
discouraging programs,policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps
to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100);
and
Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating
because of sex in education programs or activities(20 U.S.C. §1681 et seq.).
Agreement for Professional Services(with professional liability coverage) Page 2 of 2