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HomeMy WebLinkAbout2013-10-16 13-333 ORDERCOUNCIL ACTION Item No. 13-333 Date: October 16, 2013 Item/Subject: ORDER, Authorizing Execution of Agreement for Maine Department of Transportation Local Project — WIN 020393.00, Union Street Improvements Responsible Department: Engineering Commentary: This order would authorize the City Manager to execute a Local Project Agreement with the Maine Department of Transportation for Resurfacing for 0.29 mile of Union Street, from Main Street to Hammond Street. If approved, the proposed project is a Mill & Fill with associated drainage improvements, replacement of bituminous and concrete curbing with granite within the project limits, and installation of a traffic island at the entrance of Rite Aid. The proposed project was programmed for Maine DOT's 2013-2015 Work Plan by the Bangor Area Comprehensive Transportation System, the designated Metropolitan Planning Organization for the greater Bangor area. The Maine Department of Transportation has approved federal and state funds in an amount not to exceed $386,361 which includes a Federal/State share of $347,724.90 or 90% of the total project costs and a City share of $38,636.10 or 10% of the total project cost. As part of that project, the City would need to enter into a local project agreement with the Maine Department of Transportation which were reviewed and recommended for approval by the Infrastructure Committee at its October 7, 2013 meeting. Arthur B. Morgan, P.E. Department Head Manager's Comments: /�� M Gil Q, City Manager Associated Information: Councilor Order and Agreement Budget Approval: I Fin Director Legal Approval: dit1§0licitor Introduced for X Passage _ First Reading Referral Page _ of _ Assigned to Councilor Baldacci CITY OF BANGOR 13-333 OCTOBER 16, 2013 (TITLE.) ORDER, Authorizing Execution of Agreement for Maine Department of Transportation Local Project — WIN #020393.00, Union Street Improvements ORDERED, THAT: the City Manager is hereby authorized and directed to execute an agreement with the Maine Department of Transportation for the following: An Agreement with the Maine Department of Transportation — Union Street Improvements with Curb Replacement and Traffic Island, WIN 020393.00. Copy of the agreement is attached. IN CITY COUNCIL October 16, 2013 P ed CITY CLERK MaineDOT 13-333 MaineDOT use only TEDOCS #. CT #: CSN: PROGRAM: Multimodal MAINE DEPARTMENT OF TRANSPORTATION Locally Administered Project Agreement With the Total Amount: $386,361.00 Federal Share: $309,088.80 State Share: $38,636.10 Municipal Share: $38,636.10 Agreement Begin Date: Agreement End Date: Municipality of Bangor Regarding Union Street Improvements (MaineDOT Use Only) State WIN: 020393.00 Federal Project #: STP -2039(300) Type of Project: Locally Administered Project DUNS® Number: 07-173-9692 Vendor Customer #: VC 1000007010 U.S. CFDA #20.205: Highway Planning & Construction This Agreement for a locally administered federal -aid project is made between the Maine Department of Transportation, a Maine State Government agency headquartered at 24 Child Street in Augusta, Maine ("MaineDOT,") and the Municipality of Bangor, a municipal corporation and body politic with its administrative offices at 73 Harlow Street in Bangor, Maine ("the Municipality.") • The following attachments are incorporated into this Agreement: 0 Appendix A: Federal Funding Accountability and Transparency Act Form. WHEREAS, the project described herein was programmed for MaineDOT's 2013-2015 Work Plan by the Bangor Area Comprehensive Transportation System ("BACTS,") the designated Metropolitan Planning Organization for the greater Bangor area, with its administrative offices located at 12 Acme Road, Suite 102, in Brewer, Maine; and WHEREAS, this Agreement sets out requirements for the Project and terms and conditions of the funding for the Project, as programmed by BACTS and approved by MaineDOT. NOW, in consideration of the foregoing, MaineDOT and the Municipality agree as follows: ARTICLE I. PROJECT OVERVIEW A. SCOPE OF WORK. Design, construction and construction engineering work for the following improvements to Union Street, to be undertaken by or for the Municipality and accepted by MaineDOT (hereinafter referred to as "the Project"): • Resurfacing for 0.29 mile, from Main Street to Hammond Street, consisting of a mill -and -fill treatment with associated drainage improvements; • Replacement of bituminous and concrete curbing with granite, within the Project limits; and • Installation of a traffic island at the entrance to Rite Aid. l.) Any change to this scope of work shall require written approval from BACTS and MaineDOT. Municipality of Bangor — Agreement for WIN 020393.00 Page I of 11 13-333 OCTOBER 16, 2013 B. FUNDING. MaineDOT and the Municipality will share in the funding of the Project at the rates described in Article III, Paragraphs A and B, up to Three Hundred Eighty -Six Thousand Three Hundred Sixty -One Dollars ($386,361.) Project costs eligible for federal and state funding shall not exceed this total amount without the written approval of BACTS and MaineDOT. C. ROLE OF MUNICIPALITY. The Municipality shall take the lead in developing the Project and shall assign a certified Local Project Administrator to oversee all local responsibilities. This person shall be responsible for the Project at all times and shall follow the procedures described in the most recent version of MaineDOT's Local Project Administration Manual. D. ROLE OF MAINEDOT. MaineDOT will assign a Project Manager to advise, review and approve for the State. This person or his/her designee will have the authority to approve or deny reimbursement requests; review and require revision of plans and specifications; inspect, reject and stop work; and take all other action necessary to ensure proper performance of this Agreement. ARTICLE II. PROJECT DEVELOPMENT A. AUTHORIZATION. The Municipality shall receive Notice to Proceed from MaineDOT before starting any work on the Project. Any municipal costs incurred before such Notice shall be ineli ig ble for reimbursement. Any such ineligible costs shall not be credited toward the Municipality's match. B. BUDGET AND SCHEDULE. Upon receiving Notice to Proceed, the Local Project Administrator shall review with the MaineDOT Project Manager the scope of work, budget, schedule and requirements for the Project. Within sixty (60) days of receiving such Notice, the Municipality shall provide MaineDOT with the following: 1. Milestones and dates to set a baseline schedule and measure the Municipality's progress. 2. An updated line -item budget. C. PROGRESS REPORTS. The Municipality shall provide the MaineDOT Project Manager with monthly progress updates, in accordance with MaineDOT's Consultant General Conditions. D. CONSULTANT SERVICES. The Municipality may contract for engineering services as necessary to develop and oversee the Project, as follows: 1. Qualifications -based selection shall be used, pursuant to federal regulation 23 CFR, Part 172. Price shall not be a factor in the evaluation or ranking of any consultant. 2. The Municipality shall develop an independent estimate, in accordance with 23 CFR, Part 172.7(v). Said estimate shall be the basis for negotiations with the highest qualified consultant toward a fair and reasonable price. 3. The Municipality shall incorporate the terms and conditions from the latest version of MaineDOT's Consultant General Conditions — including Federal Form FHWA-1273 — when executing all contracts for consultants who will be performing work pursuant to this Agreement. 4. No contract shall be awarded without the approval of MaineDOT. Upon such approval, the Municipality shall monitor all work performed under any such contract. 5. Contract modifications shall be approved by MaineDOT before execution. MaineDOT reserves the right not to participate in any modification executed without prior approval. Municipality of Bangor — Agreement for WIN 020393.00 Page 2 of 11 13-333 OCTOBER 16, 2013 E. DESIGN. The Municipality or its consultant shall prepare all design plans, specifications, estimates and contract documents for the Project — in accordance with MaineDOT's standards and procedures. The Municipality shall obtain MaineDOT approval of all design plans, specifications, estimates and contract documents before requesting authorization to advertise for construction bids. F. PUBLIC PARTICIPATION. The Municipality shall encourage and provide opportunity for public participation in the development of the project. The required Public Process Certification (Letter 16) shall be provided with the final Plans, Specifications & Estimate (PS&E) package. G. UTILITIES. Plans and specifications shall conform to MaineDOT Utility Accommodation Policy. The Municipality or its consultant shall coordinate all matters regarding utilities, prepare all documentation, and submit such documentation to MaineDOT with a required Utility Certification (Letter 13) before requesting authorization to advertise the Project. H. ENVIRONMENTAL PROCESS. The Municipality or its consultant shall prepare and submit to MaineDOT all required environmental documents, including but not limited to Letter 11 and the National Environmental Policy Act (NEPA) Checklist. MaineDOT will prepare and submit to the Federal Highway Administration all documentation required under NEPA. I. PERMITS. The Municipality or its consultant shall obtain all approvals, permits and licenses necessary to construct the\Project. Copies shall be provided to MaineDOT with an Environmental Certification (Letter 12) before the Municipality requests authorization to advertise the Project. J. RIGHT OF WAY. If applicable, acquisition of property rights necessary to construct and maintain the Project shall be handled as follows: 1. MaineDOT will acquire all rights to which the State of Maine will hold title. In such an event, the Parties will determine at kickoff whether MaineDOT or the Municipality will coordinate the development of final right-of-way plans. MaineDOT will be fully responsible for title examinations, appraisal services, appraisal reviews, negotiations, acquisition/condemnation, and certification that all necessary rights have been acquired. 2. The Municipality shall acquire all rights on facilities otherwise not classified as state or state -aid highways. In so doing, the Municipality shall follow the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (49 CFR, Part 24). The Municipality shall certify in writing to MaineDOT that it has acquired all property rights before requesting authorization to advertise the Project for construction. K. ADVERTISE AND AWARD. The Municipality shall obtain MaineDOT's authorization before advertising the Project for construction. After receiving authorization, the Municipality shall follow the process outlined below: 1. The Municipality shall solicit bids in accordance with the plans and specifications that MaineDOT has approved. 2. The Municipality shall follow federal and state procurement policies and procedures, as applicable, unless otherwise approved by MaineDOT. 3. The Municipality and MaineDOT may accept or reject all bids. Municipality of Bangor — Agreement for WIN 020393.00 Page 3 of 11 13-333 OCTOBER 16, 2013 4. The Municipality shall not award a contract without MaineDOT's approval. 5. The contract must specify that the Project comply with MaineDOT's Standard Specifications (December 2002) and applicable special provisions. 6. Federal Form FHWA-1273 shall be physically incorporated into the construction contract. 7. Upon award, the Municipality shall hold a preconstruction meeting with MaineDOT, the contractor, and all utilities and other parties involved in the construction process. L. FORCE ACCOUNT. If the Municipality intends to construct the Project with its municipal work force or to furnish materials to be used on the Project, the Municipality shall provide MaineDOT with a Public Interest Finding and obtain MaineDOT's authorization before starting work. If so authorized to use a "Force Account" process, the Municipality shall comply with the applicable regulations — 23 CFR, Parts 635.201 to 635.205. M. CONSTRUCTION. The Municipality shall administer any construction contract and provide the supervision, inspection and documentation needed to ensure that the Project is completed to MaineDOT's satisfaction in accordance with the plans, specifications and provisions of the contract: 1. The Municipality shall use procedures acceptable to MaineDOT to document the quantity and quality of all construction -related work. The Municipality shall provide monthly progress reports and shall retain all documentation as provided under Article VI.A. 2. The Municipality shall provide for all materials testing necessary to comply with federal regulation 23 CFR, Part 637, "Quality Assurance Procedures for Construction." 3. Any contract modification (change order) shall be approved by MaineDOT before it is executed. MaineDOT reserves the right not to participate in any such change executed without approval. 4. Traffic in work zones shall be controlled in accordance with Part VI of the federal Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). 5. Within 90 days of completion of construction, the Municipality shall provide MaineDOT with "as -built" plans on Mylar or other acceptable archival -quality material. 6. Upon completion, the Municipality shall provide compliance certification that the Project was constructed, quantities were measured and documented, and materials were tested in accordance with the plans, specifications and provisions of the construction contract, and in accordance with the policies and procedures approved by MaineDOT. N. INSPECTION. MaineDOT may inspect construction activities and documentation — and test any materials used — to ensure compliance with the construction contract. MaineDOT may reject any work or materials not in such compliance. MaineDOT reserves the right not to reimburse the Municipality for any work or materials found to be not in such compliance. O. MAINTENANCE. The Municipality shall be responsible for maintaining the curbing and traffic island installed as part of the Project, as described in Article I, Paragraph A. Maintenance shall consist of general upkeep and repairs necessitated by weather, age and public use. Municipality of Bangor — Agreement for WIN 020393.00 Page 4 of 11 13-333 OCTOBER 16, 2013 ARTICLE III. COST-SHARING & REIMBURSEMENT A. MAINEDOT SHARE. MaineDOT, using federal and state funds programmed by BACTS, will reimburse the Municipality for ninety percent (90%) of Project costs eligible for such funding, not to exceed Three Hundred Forty -Seven Thousand Seven Hundred Twenty -Four Dollars and Ninety Cents ($347,724.90, or 90% of $386,361.) B. LOCAL SHARE. The Municipality shall be responsible for ten percent (10%) of Project costs eligible for federal and state funding, including its share of such costs incurred by MaineDOT as described in Paragraph C of this Article III. Accordingly, the Municipality's share is approximately Thirty -Eight Thousand Six Hundred Thirty -Six Dollars and Ten Cents ($38,636.10 or 10% of $386,361.) The Municipality also shall be responsible for the following: 1. All Project costs deemed ineligible for federal and state funding; and 2. All Project costs exceeding the maximum amount reimbursable to the Municipality, as stated in Article III.A, unless otherwise approved in writing by BACTS and MaineDOT. C. MAINEDOT COSTS. All costs incurred by MaineDOT staff in the development and oversight of the Project shall be accounted for with Project funds, including but not limited to design reviews, environmental support, right-of-way support, and construction engineering. These costs will be reconciled upon Project completion and deducted from the Municipality's final billing. D. REIMBURSEMENT. MaineDOT will reimburse the Municipality for the federal and state shares of eligible costs described in Paragraph A above. The Municipality shall bill MaineDOT no more frequently than monthly for such costs, which are incurred whenever work is performed, goods and services are received, or a cash payment is made. All bills are subject to the following conditions: 1. Claims shall be submitted on the Municipality billhead and reference WIN 020393.00. 2. Each invoice must be accompanied by a progress ss report, as described in Article II.C. 3. Each invoice shall contain an itemized account of expenditures consistent with the approved Project budget. Backup documentation and proof of payment made must accompany each invoice. 4. Each invoice must have an accumulative total by budget line item and a breakdown of MaineDOT's and Municipality's shares of total costs. 5. Each claim shall include a certification from the Municipality's Local Project Administrator that all amounts claimed are correct, due and not claimed previously, and that all applicable work was performed in accordance with the terms of this Agreement. 6. Any claim for less than one thousand dollars ($1,000) shall be deferred until the next regular billing period in which at least one thousand dollars ($1,000) is incurred or until a final invoice is submitted for reimbursement. Municipality of Bangor — Agreement for WIN 020393.00 Page 5 of 11 13-333 OCTOBER 16, 2013 E. REPAYMENT. MaineDOT reserves the right to require repayment of reimbursements to the Municipality, if the Municipality takes action without approval from MaineDOT resulting in the loss of eligibility for federal funding - including but not limited to withdrawing from the Project, suspending or delaying work, or making acts of commission or omission. 1. Additionally, the MaineDOT reserves the right to require repayment of all reimbursements for preliminary engineering and right-of-way costs, if construction has not started by the close of the tenth fiscal year after federal funds for the Project were authorized. 2. MaineDOT shall have all of its common law, equitable and statutory rights of set-off to recover any payment to the Municipality for any activity that is subsequently deemed ineligible for federal funding, including but not limited to withholding any money owed to the Municipality under this Agreement and any other agreement with MaineDOT or other State agency. F. REMAINING FUNDS. Once MaineDOT has paid the Municipality's final claim for reimbursement or otherwise closed out the Project, any remaining federal and state funds shall go back to BACTS for reprogramming. ARTICLE IV. NON -APPROPRIATION A. Notwithstanding any other provision of this Agreement, MaineDOT shall be released from its obligation to make payment toward the Project - and will terminate this Agreement upon thirty (30) days' written notice to the Municipality - if any of the following occurs: 1. MaineDOT or BACTS does not receive adequate funds to support the Project; or 2. Funds otherwise programmed for the Project are de -appropriated; or 3. MaineDOT does not receive the authority to expend funds programmed for the Project. ARTICLE V. TERMINATION A. MaineDOT reserves the right to terminate the payment provisions of Article III in the event of substantial default by the Municipality, defined as one or more of the following: 1. Failure to show satisfactory progress - as determined by the MaineDOT Project Manager - within twelve (12) months of being given notice to proceed; 2. Use of Project funds for a purpose other than what is authorized by this Agreement; 3. Misrepresentation or falsification of any claim submitted for reimbursement; 4. Failure to monitor adequately the quality of materials used and work performed by any consultant or contractor, resulting in significant errors, omissions or negligence; 5. Breach of any material provision(s) of this Agreement. B. MaineDOT will notify the Municipality within five (5) days of learning of an event leading to a claim of substantial default. If the Municipality fails to take corrective action within fifteen (15) days of receiving notification of MaineDOT's dissatisfaction, MaineDOT may terminate this Agreement upon written notice to the Municipality. Municipality of Bangor — Agreement for WIN 020393.00 Page 6 of 11 13-333 OCTOBER 16, 2013 1. Upon receiving written notice of termination, the Municipality and all consultants and contractors associated with the Project shall cease work immediately — except for any work required to protect public health and safety — and turn over to MaineDOT all Project records and documentation within thirty (30) days of the effective date of such termination. 2. In the event of termination for substantial default by the Municipality, reimbursement to the Municipality shall be limited to payment for acceptable work or service accomplished under this Agreement until the effective date of such termination. 3. If substantial default occurs, MaineDOT reserves the right to recover from the Municipality all funds reimbursed for Project -related work in accordance with Article III.E. ARTICLE VI. RECORDS RETENTION, ACCESS & AUDIT A. Retention. Project records are plans, reports, notes, papers or other tangible work arising from this Agreement. All such printed and electronic records prepared by or for the Municipality shall be retained for four (4) years from the date of MaineDOT's acceptance of the Municipality's final claim for reimbursement, except as otherwise provided below: 1. If any litigation, claim, negotiation, audit or other action involving such records has begun before the expiration of four (4) year period, then all records shall be retained at least until all action and resolution of all issues arising from it are complete. B. Access. The Municipality and all consultants and contractors working on its behalf shall allow authorized representatives of the State of Maine and the Federal Government to inspect and audit Project documents. Copies of requested documents shall be furnished at no cost. C. Audit. Audits shall meet the "Generally Accepted Government Auditing Standards." ARTICLE VII. GENERAL PROVISIONS A. Observance of Law. All activities conducted pursuant to this Agreement shall comply with applicable laws and regulations, including but not limited to the following: Title 23 in the United States Code (USC); Title 23 in the U.S. Code of Federal Regulations (CFR); and 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." B. Indemnification. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless MaineDOT, its officers, agents and employees from all claims, suits or liabilities arising from any negligent or wrongful act, error or omission by the Municipality, its officials, employees, agents, consultants and contractors . Nothing herein shall waive any defense, immunity or limitation of liability that may be available under the Maine Tort Claims Act (14 M.R.S. Section 8101 et. seq.) or any other privileges or immunities provided by law. This provision shall survive any termination or expiration of this Agreement. C. Confidentiality. Information pertaining to right-of-way negotiations, property appraisals and engineering estimates of construction costs shall be kept confidential in accordance with the provisions of Maine State law (23 MRSA, Section 63.) Municipality of Bangor — Agreement for WIN 020393.00 Page 7 of 11 13-333 OCTOBER 16, 2013 D. Equal Employment Opportunity. The Municipality shall meet applicable equal employment opportunity requirements as follows: The Municipality shall not discriminate against any employee or applicant for employment relating specifically to work under this Agreement because of race, color, religious creed, sex, national origin, ancestry, age or physical handicap unless related to a bona fide occupational qualification. The Municipality shall take affirmative action to ensure that all such applicants are employed and that all such employees are treated regardless of their race, color, religious creed, sex, national origin, ancestry, age or physical handicap during any period of employment under this Agreement. Such action shall include, but not be limited to: employment, upgrading, demotions, transfers, recruitment, layoffs or terminations, rates of pay or other forms of compensation and selection for all forms of training and apprenticeships. The Municipality shall post prominently in places readily available to all employees and applicants for such employment under this Agreement notices setting forth the provisions of this paragraph. 2. In all solicitations or advertising for employees relating to work done under this Agreement, the Municipality shall state that all qualified applicants shall receive consideration for employment regardless of race, color, religious creed, sex, national origin, ancestry, age or physical handicap. 3. The Municipality shall send to each representative of any of its employees covered by a collective-bargaining agreement — or any other contract or understanding under which labor or services are to be furnished under this Agreement — a notice advising of the Municipality's commitment under this Article and shall post copies prominently in places readily available to all such employees and applicants for employment. 4. The Municipality shall include all of the foregoing equal employment opportunity provisions under this Article in any contract for services or work for the Project so that such provisions are binding upon each consultant — with the exception of any contract for the purchase of standard commercial supplies or raw materials. To the maximum extent feasible, the Municipality or any of its consultants shall list all suitable employment openings with the Maine Job Service. This provision shall not apply to employment openings that the Municipality or any of its consultants propose to fill from within their own organization. E. Flow Down. All contracts between the Municipality and any consultant, contractor or other third party shall contain or incorporate by reference all applicable provisions of this Agreement. F. Independent Capacity. When carrying out the provisions of this Agreement, the Municipality, its employees, agents, representatives, consultants and contractors shall not act as officers, employees or agents of MaineDOT. G. No Assignment Without Approval. The Municipality shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or any portion of it without the consent of MaineDOT. In no case shall all such action release the Municipality from liability under this Agreement. H. Other Considerations. The Municipality and MaineDOT ("the Parties") further agree that: 1. Neither the Municipality nor MaineDOT shall be bound by any previous statement, correspondence, agreement or representation not expressly contained herein. Municipality of Bangor — Agreement for WIN 020393.00 Page 8 of 11 13-333 OCTOBER 16, 2013 2. This Agreement is made and shall be construed under the laws of the State of Maine. 3. If any clause, section or provision is held to be invalid or unenforceable, that shall not affect the entire agreement. The Parties shall negotiate a new clause, section or provision. ARTICLE VIII. EXPIRATION A. All provisions of this Agreement - except for Article II.O (maintenance), Article VI.A (records), Article VII.B (indemnification) and Article VII.0 (confidentiality) - shall expire not later than four (4) years from the final day of the month in which the undersigned MaineDOT representative executed this Agreement, unless otherwise modified in writing by the Parties to this Agreement. Articles VII.B-C shall remain effective indefinitely or until specifically terminated in writing by the Parties to this Agreement or negated by law. ARTICLE IX. APPROVAL A. Debarment. By signing this Agreement, the Municipality certifies - to the best of its knowledge and belief - that it and its employees, agents and/or representatives associated with the Project: 1. Are not now debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any federal or state agency; 2. Have not within the previous three (3) years been criminally convicted or had a civil judgment rendered against them - and are not now criminally or civilly charged - in connection with any of the following: • Obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; or • Violating federal or state antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3. Have not within a 3 -year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. B. If the Municipality is unable to certify to any of the preceding statements in this Article IX, the Municipality shall attach an explanation to this Agreement. C. The Municipality agrees that it will not hire a consultant or contractor who is now debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state agency. D. Municipal authorization. The undersigned municipal representative assures that the City Council of Bangor, Maine, has approved the Project and the Municipality's entry into this Agreement, has appropriated or authorized the use of any necessary funds, and has authorized the representative to sign this Agreement. Municipality of Bangor - Agreement for WIN 020393.00 Page 9 of 11 13-333 OCTOBER 16, 2013 IN WITNESS WHEREOF, MaineDOT and the Municipality have executed this Agreement effective on the date last signed. Municipality of Bangor Catherine M. Conlow, City Manager Date: Maine Department of Transportation William A. Pulver, P.E., Director, Bureau of Project Development Date: I certify that the signature above is true and accurate. I further certify that the signature, if electronic: (a) is intended to have the same force as a manual signature; (b) is unique to myself; (c) is capable of verification; and (d) is under the sole of myself. NOTE: AN ADDITIONAL MUNICIPAL SIGNATURE IS REQUIRED ONAPPENDIXA 4 Municipality of Bangor - Agreement for WIN 020393.00 Page 10 of 11 13-333 OCTOBER 16, 2013 APPENDIX A TO A LOCALLY ADMINISTERED PROJECT AGREEMENT: FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT The Municipality of Bangor, Maine and its contractors may be subject to the provisions of the Federal Funding Accountability and Transparency Act ("FFATA") of 2006 as amended and any regulations, policies, procedures and guidance documents adopted pursuant thereto or in connection therewith. If the Federal portion of the Project exceeds $25,000, an authorized representative from the Municipality shall sign this document under (B) below and return it with the Project Agreement. Additionally, the Municipality shall provide the following information, if applicable: A) The total compensation and names of the top five executives if: • More than 80% of the City's annual gross revenues are from the Federal Government; and • Those revenues are greater than $25 million annually; and • Compensation information is not already available through reporting to the U.S. Securities and Exchange Commission (SEC). B) Legal Name and DUNS® Number on file with the Central Contractor Registration (CCR): Municipality of Bangor, Maine 07-173-9692 Sign and Print Legal CCR Name DUNS Number Authorized Representative: Catherine M. Conlow, City Manager Municipality of Bangor — Agreement for WIN 020393.00 Page 11 of 11