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HomeMy WebLinkAbout2014-12-08 15-028 ORDERCOUNCIL ACTION Item No. 15-028 Date: December 8, 2014 Item/Subject: ORDER, Authorizing Execution of Agreement for Maine Department of Transportation Local Project — WIN 018579.00, Improvements to the Intersection of Griffin/Burleigh/Broadway Responsible Department: Engineering Commentary: This order would authorize the City Manager to execute a Local Project Agreement with the Maine Department of Transportation for design and construction work to install video detection equipment and realign the traffic signal heads at the intersection of Griffin Road, Burleigh Road, and Broadway. The Maine Department of Transportation has approved federal and state funds in an amount not to exceed $34,450.00 which includes a Federal share of $27,560.00 or 80% of construction costs and a State share of funding of $3,445.00 or 10% of construction costs or $3,445.00 or 10% of construction costs. As part of that project, the City would need to enter into a local project agreement with the Maine Department of Transportation which have been reviewed and recommended for approval by the Infrastructure Committee at its November 25, 2014 meeting. John Theriault, P.E. Department Head Manager's Comments: ftuA City Manager Associated Information: Councilor Order and Agreement Budget Approval: Finance Director Legal Approval: Introduced for X Passage CONSENT _ First Reading _ Referral ZM7 - City S licitor Page _ of _ 15-028 DECEMBER 8, 2014 Assigned to Councilor Faireloth CI`T'Y OF BANGOR (TITLE.) ORDER, Authorizing the Execution of Agreement for Maine Department of Transportation Local Project — WIN #018579.00, Improvements to the Intersection of Griffin/Burleigh/Broadway 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 — Improvements to the Intersection of Griffin/Burleigh/Broadway. Copy of the agreement is attached. IN CITY COUNCIL DECEMBER 8, 2014 PASSED ITY CL t MaineDOT 15-028 DECEMBER 8 2014 MaineDOT use only TEDOCS #: AMS ID #: CSN: PROGRAM. Multimodal (OUC 57000) MAINE DEPARTMENT OF TRANSPORTATION Locally Administered Project Agreement With the Municipality of Bangor Regarding Improvements to the Intersection of Griffin/Burleigh/Broadway Total Amount: $34,450.00 WIN: 018579.00 Federal Share: $27,560.00 (80%) Federal Project #: State Share: $3,445.00 (10%) Scope: Design and construction Municipal Share: $3,445.00 (10%) Vendor Customer #: VC1000007010 Effective Date: Municipality's DUNS® Number: 07-173-9692 Expiration Date: CFDA #20.205: Highway Planning & Construction This Agreement for local administration of a federal -aid project is between the Maine Department of Transportation, an agency of the State of Maine headquartered at 24 Child Street in Augusta, Maine ("MaineDOT"), and the Municipality of Bangor, a municipal corporation and body politic with its principal offices at 73 Harlow Street in Bangor, Maine ("the Municipality.") MaineDOT and the Municipality are collectively referred to as "the Parties." ❑ The following attachments are incorporated into this Agreement: El Appendix A: Federal Funding Accountability and Transparency Act Form (signature required); El Appendix'B: Federal Highway Administration Civil Rights Assurance (signature required); EI Appendix C: Requirements for operation and maintenance of traffic signals. WHEREAS, the scope of work in Article 1.A was programmed for the MaineDOT capital program by the Bangor Area Comprehensive Transportation System, the designated metropolitan planning organization for the Bangor Urbanized Area, with its offices at 12 Acme Road, Suite 102, in Brewer, Maine ("BACTS"); and WHEREAS, the Municipality has raised local matching funds sufficient to cover its share of the estimated cost of design and construction work as described -in Article 3, "Financial Provisions." NOW, in consideration of the foregoing, MaineDOT and the Municipality agree as follows: ARTICLE 1. PROJECT OVERVIEW A. SCOPE OF WORK. Design and construction work to install video detection equipment and realign the traffic signal heads at the intersection of Griffin Road, Burleigh Road and Broadway, to be performed by or for the Municipality and accepted by MaineDOT ("the Project.") Any substantial change to this scope of work shall require written approval from BACTS and MaineDOT to be eligible for federal and state funding. B. FUNDING. The estimated cost of the Project is thirty-four thousand four hundred fifty dollars ($34,450) to be shared at the rates and terms described in Article 3. Locally Administered Project Agreement: Bangor WIN 018579.00 Page 1 of 12 15-028 DECEMBER 8, 2014 C. ROLE OF MUNICIPALITY. The Municipality shall take the lead in developing the Project and assign a full-time municipal employee with certification from MaineDOT to be responsible for the Project. If no employee is so certified, the Municipality shall send a representative to the next available certification training. At all times, this person shall administer the Project in accordance with the latest edition of MaineDOT's "Local Project Administration Manual." D. ROLE OF MAINEDOT. A Project Manager will be assigned to act on behalf of MaineDOT. This person or designee will have 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 2. PROJECT DEVELOPMENT A. AUTHORIZATION. The Municipality shall receive Authorization to Proceed from MaineDOT before starting work or executing a contract for services under this Agreement. All municipal costs incurred before authorization is given, or before a contract for services is executed, shall be ineligible for reimbursement. Ineligible costs shall not be credited toward the local match. B. KICKOFF. Before starting work, the Municipality shall review with MaineDOT's Project Manager the scope of work, estimated cost, schedule, and legal requirements for the Project. If necessary, the Municipality shall provide an updated schedule and cost estimate within a reasonable timeframe. C. PROGRESS REPORTS. The Municipality shall provide MaineDOT with monthly progress reports for the duration of the Project listing tasks completed, any changes in staffing, and any issues that could affect the schedule. D. CONSULTANT SERVICES. The Municipality may contract for consultant engineering services as necessary to develop and oversee the Project. In doing so, the Municipality shall: 1. Use qualifications -based selection and develop an independent government estimate of the price of the services, pursuant to federal regulation 23 CFR, Part 172. 2. Obtain the MaineDOT Project Manager's written approval before awarding any contract. 3. Ensure that all contracts are fully executed before incurring any costs against them. 4. Ensure that "Consultant General Conditions for Local Public Agencies" govern all work, including insertion of Form FHWA-1273 and Civil Rights Assurances into every contract. 5. Obtain MaineDOT's written approval before modifying any contract. MaineDOT reserves the right not to reimburse the Municipality for work covered by a modification executed without prior approval or for work performed before the effective date of a modification. E. DESIGN WORK. The Municipality or its contracted consultant shall develop all design plans, specifications, estimates and contract documents for the Project, in accordance with the latest versions of MaineDOT's Highway Design Guide and Standard Specifications, as follows: 1. The Municipality shall submit the preliminary (50-60%) and final (95-100%) plans and specifications to MaineDOT for review and comment. 2. The Municipality shall address to MaineDOT's satisfaction any changes requested or concerns expressed before requesting construction authorization from MaineDOT. 3. Advertising for construction bids or proceeding to construction without MaineDOT's written authorization shall render the Project ineligible for federal and state funding. Locally Administered Project Agreement. Bangor WIN 0185 79. 00 Page 2 of 12 15-028 DECEMBER 8, 2014 F. QUALITY CONTROL. The Municipality or its contracted consultant shall be responsible for the quality of the design plans, specifications and estimates for the Project using a documented quality -control process. Acceptance of the final Plans, Specifications and Estimate (PS&E) package by MaineDOT shall not relieve the Municipality or its consultant of responsibility for the quality of those engineering documents. G. PUBLIC PARTICIPATION. The Municipality shall provide the general public and all abutters with opportunity to learn about the Project and express concerns, using a public process that is appropriate for the scope of work and acceptable to the MaineDOT Project Manager. A public process certification (Letter 16) shall be submitted to MaineDOT with the final PS&E package. H. ENVIRONMENTAL PROCESS. The Municipality or its contracted 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 contracted consultant shall obtain all required approvals, permits and licenses. Copies of all such documents an environmental certification (Letter 12) shall be submitted to MaineDOT with the final PS&E package. J. UTILITIES. The Municipality or its contracted consultant shall coordinate the Project with all utilities and submit the related documentation to MaineDOT with a utility certification (Letter 13) with the final PS&E package. Such work shall be done in accordance with MaineDOT's "Utility Accommodation Policy." K. RIGHT OF WAY. If applicable, acquisition of right of way shall be handled as follows: MaineDOT will acquire all rights to which the State of Maine ultimately will hold title. The Parties will determine at Project Kickoff whether MaineDOT or the Municipality will be responsible for preparing right-of-way plans, in accordance with MaineDOT's standards. If MaineDOT will acquire rights, MaineDOT will be responsible for title examinations, appraisals, appraisal reviews, negotiations, acquisition, and right-of-way certification. 2. The Municipality shall carry out the right-of-way process if the Project is not on an existing transportation facility that falls under the jurisdiction of the State of Maine. The Municipality shall follow the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 ("Uniform Act") and the MaineDOT "Right of Way Manual." Upon completion of acquisitions, the Municipality shall provide the following: a) A right-of-way map or similar plan detailing all right-of-way acquired for, donated to or dedicated to the Project; and b) A written certification (Letter 10) that all such rights have been acquired in conformity with the "Uniform Act" before requesting authorization to advertise for construction bids. L. FORCE ACCOUNT. If the Municipality intends to construct the Project with its municipal work force or to furnish materials for the Project, the Municipality shall obtain MaineDOT's written authorization before proceeding. 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. SOLICITATION OF BIDS. Competitive bidding shall be used to procure a contractor unless a "force account" process is authorized. The Municipality shall solicit for bids upon MaineDOT's written authorization in accordance with the final, approved plans and specifications as follows: Locally Administered Project Agreement. Bangor WIN 018579.00 Page 3 of 12 15-028 DECEMBER 8, 2014 1. The Municipality shall follow the procedures in MaineDOT's "Standard Specifications" and adhere to all applicable federal requirements, unless otherwise authorized by MaineDOT. 2. The Municipality and MaineDOT shall have the right to accept or reject any bid submitted. 3. The Municipality shall not award a contract without MaineDOT's written approval. N. CONTRACT AWARD. Upon MaineDOT's written approval, the Municipality shall award a construction contract to the lowest responsive, responsible bidder as follows: 1. The Municipality shall administer the contract for the duration of the Project. 2. Form FHWA-1273 shall be physically incorporated into the contract. 3. The contract shall specify that the Project comply with the latest version of MaineDOT's "Standard Specifications" and applicable special provisions. O. CONSTRUCTION. The Municipality shall hold a pre -construction meeting with MaineDOT, the contractor, utilities and any other parties involved in or affected by the construction process. During the work, the Municipality shall provide the supervision, inspection and documentation necessary to ensure that the Project is completed to MaineDOT's satisfaction in accordance with the plans, specifications and provisions of the contract, as follows: 1. The Municipality shall use procedures acceptable to MaineDOT to document the quantity and quality of all construction -related work. The Municipality shall retain all documentation as provided under Article 4. 2. The Municipality or its contracted consultant shall be responsible for coordinating all materials testing necessary to meet the Minimum Testing Requirements for the Project, in compliance with 23 CFR, Part 637, "Quality Assurance Procedures for Construction." Test results shall be provided to MaineDOT upon request. 3. Any contract modification shall be submitted to MaineDOT for review and comment before it is executed. MaineDOT reserves the right not to reimburse the Municipality for work associated with a contract modification executed without MaineDOT's prior review. 4. Vehicular 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. If applicable, the Municipality shall provide MaineDOT with a set of revised as -built plans within 90 days of completion of construction. 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 approved plans, specifications and provisions of the contract. P. MAINEDOT OVERSIGHT. MaineDOT may inspect construction activities and documentation — and test materials used — to ensure compliance with the Project specifications and construction contract. MaineDOT may reject work or materials out of compliance and may withhold reimbursement to the Municipality for any such work or materials. Q. MAINTENANCE. Upon completion, the Municipality shall operate and maintain the improvements under the terms of Appendix C, "Operation and Maintenance of Traffic Signals." Locally Administered Project Agreement. Bangor WIN 018579.00 Page 4 of 12 15-028 DECEMBER 8, 2014 ARTICLE 3. FINANCIAL PROVISIONS A. MAINEDOT SHARE. MaineDOT, using federal and state resources programmed by BACTS, will reimburse the Municipality for ninety percent (90%) of Project expenditures incurred that are deemed eligible for such funding, not to exceed thirty-one thousand five dollars ($31,005.) B. LOCAL SHARE. The Municipality shall share in all Project expenditures deemed eligible for federal and state funding at the rate of ten percent (10%), or an estimated three thousand four hundred forty-five dollars ($3,445.) The Municipality shall be fully responsible for all costs deemed ineligible for federal -aid funding and all costs exceeding the maximum reimbursement under Article 3.A, unless MaineDOT approves otherwise in writing. C. MAINEDOT COSTS. All costs incurred by MaineDOT staff in the development and oversight of the Project shall be paid for out of the Project, including but not limited to design reviews, environmental work, utility support, right-of-way support, and construction engineering. The Municipality shall share in these costs commensurate with its overall portion of the Project identified in Article 3.13. MaineDOT will reconcile these costs upon completion of the Project and shall deduct the Municipality's share of them from the Municipality's final billing. D. REIMBURSEMENT. The Municipality may request reimbursement from MaineDOT periodically for MaineDOT's share of Project expenditures incurred that are deemed eligible for federal -aid funding, up to the maximum in Article 3.A. Invoices shall be submitted to MaineDOT no more than monthly, subject to these conditions: 1. Invoices shall be submitted on the Municipality's letterhead and reference WIN 018579.00. 2. Each invoice shall be accompanied by a progress report in accordance with Article 2.C. 3. Each invoice shall contain an itemized account of expenditures incurred during the period covered by the invoice, consistent with the approved budget for the Project. Backup documentation and proof of payment made shall accompany each invoice. 4. Each invoice shall have an accumulative total and a breakdown of MaineDOT's and the Municipality's shares of Project costs. 5. Each invoice shall include a certification from the Municipality that all amounts claimed are correct, due and not claimed previously. 6. No invoice shall be submitted for less than one thousand dollars ($1,000) unless such invoice is the final invoice being submitted for reimbursement. 7. Payment of the final invoice shall be subject to a final inspection of the completed Project to determine the acceptability of the work. 8. MaineDOT may withhold Project reimbursements owed to the Municipality to recover previous amounts paid for actions or activities that subsequently are deemed to have been ineligible for federal -aid funding. E. REPAYMENT. If the Municipality withdraws its public or financial support for the Project, leading MaineDOT to cancel the Project and terminate this Agreement, MaineDOT reserves the right to require the Municipality to refund all reimbursements made and to repay MaineDOT fully for all Project costs incurred. All federal and state funds returned to MaineDOT by the Municipality, as well as all federal and state funds remaining in the Project, shall be made available to BACTS for reprogramming once the Project is closed out. Locally Administered Project Agreement. Bangor WIN 018579.00 Page 5 of 12 15-028 DECEMBER 8, 2014 F. REMAINING FUNDS. Any federal and state funds remaining in the Project upon payment of the final invoice shall be made available to BACTS once the Project is closed out. ARTICLE 4. PROJECT RECORDS AND AUDIT A. Ownership. Project records shall consist of all plans, specifications, contracts, reports, notes, or other tangible work arising from this Agreement, prepared either by or for the Municipality. All such records shall be considered the property of MaineDOT and turned over to MaineDOT upon request after the completion or termination of the Project. The Municipality shall be allowed an interest commensurate with its share of Project costs. B. Retention. The Municipality shall retain all printed and electronic records associated with the Project for a minimum of four (4) years from the date of MaineDOT's acceptance of the Municipality's final invoice. If any litigation, claim, negotiation, audit or other action involving such records has begun before the expiration of this four (4) year period, all records shall be retained at least until all action and resolution of all issues arising from it are complete. C. Access. The Municipality shall keep Project records in such form as may be easily audited. The Municipality and any consultant or contractor working on its behalf shall allow authorized representatives of the Federal Government and the State of Maine to inspect and audit Project documents at reasonable times. Copies of requested records shall be furnished at no cost. D. Audit. Audits shall meet the "Generally Accepted Government Auditing Standards." The Municipality shall assure that all applicable audit requirements are met in accordance with federal Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments and Non -Profit Organizations." ARTICLE 5. GENERAL PROVISIONS A. Governing Law. This Agreement is made and shall be construed under the laws of the State of Maine. Additionally, all activities under this Agreement will be subject to applicable federal laws and regulations, including but not limited to Title 23 in the United States Code (USC) for statutory law and Title 23 in the Code of Federal Regulations (CFR) for administrative law, as well as 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 negligent or wrongful act, error or omission by the Municipality, its officials, employees, agents, consultants or contractors. Nothing herein shall waive any defense, immunity or limitation of liability that may be available to either party under the Maine Tort Claims Act (14 M.R.S. Section 8101 et seq.) or other privileges or immunities provided by law. Any other provision of this Agreement to the contrary notwithstanding, this provision shall survive the 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 law (23 MRSA, Section 63.) D. Independent Capacity. The Municipality, its employees, agents, representatives, consultants and contractors shall not act as officers, employees or agents of MaineDOT. Locally Administered Project Agreement. Bangor WIN 018579.00 Page 6 of 12 15-028 DECEMBER 8, 2014 E. Set -Off. MaineDOT shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, without being limited to, the State of Maine's option to withhold for purposes of set-off any payment due to the Municipality under this Agreement and any other agreement with MaineDOT or any other agency of the State of Maine, including any contract for a term commencing before the effective date of this Agreement. MaineDOT shall exercise its set-off rights in accordance with standard state practices including — in case of set-off pursuant to an audit — the finalization of the audit by MaineDOT or the State Controller. F. Flow Down. Contracts between the Municipality and all consultants, contractors or other third parties shall contain or incorporate by reference all applicable provisions of this Agreement. G. No Assignment Without Approval. The Municipality shall not assign this Agreement to a third party or dispose of this Agreement without specific written consent from MaineDOT. In no case shall such action release the Municipality from liability under this Agreement. H. Bindina Effect. The Municipality and MaineDOT shall be bound by the terms of this Agreement. This provision shall apply to the executors of this Agreement, their successors, administrators and legal representatives. ARTICLE 6. TERMINATION A. FOR CAUSE. MaineDOT may terminate this Agreement for cause due to one or more events of default identified below. The Municipality will have a Cure Period of fourteen (14) calendar days after receiving a Notice of Default. If the Municipality fails to make a good -faith effort to correct all defaults within the Cure Period, MaineDOT may terminate this Agreement upon written Notice of Termination for Cause, with the following conditions: 1. The Municipality and all consultants and contractors working on the Project shall cease work immediately — except for work required to protect public health and safety — and turn over to MaineDOT all Project records within thirty (30) days of the termination date. 2. If termination is the result of the Municipality's failure to correct any occurrence of default, MaineDOT reserves the right to recover from the Municipality all reimbursements made in accordance with Article 3, "Financial Provisions." 3. All federal and state funds remaining in the terminated Project, as well as all federal and state funds recovered from the Municipality, shall be made available to BACTS for reprogramming in accordance with Article 3.E once the Project is closed out. B. GROUNDS FOR DEFAULT. The Municipality shall be in default if the Municipality: 1. Fails to make satisfactory progress in developing the Project within twelve (12) months of the effective date of this Agreement. 2. Withdraws from the Project, fails to raise required matching funds, or takes any other action that leads to cancelation of the Project or loss of eligibility of the Project for federal funding. 3. Uses Project funds for a purpose other than what is authorized by this Agreement. 4. Misrepresents or falsifies of any claim for reimbursement. 5. Fails to meet standards of performance outlined in this Agreement. 6. Breaches any material provision of this Agreement. Locally Administered Project Agreement. Bangor WIN 018579.00 Page 7 of 12 15-028 DECEMBER 8, 2014 C. FOR CONVENIENCE. This Agreement may be terminated for convenience by the Parties. Terminations for convenience are those undertaken for reasons not specifically defined as "default." MaineDOT shall notify the Municipality through a written Notice of Termination for Convenience, with the following conditions: 1. If termination is for any reason other than failure by the Municipality to correct any occurrence of default, the Municipality shall be reimbursed for federally eligible work or service accomplished under this Agreement until the effective date of termination. The Municipality's share of costs incurred by MaineDOT staff in the development and oversight of the Project shall be deducted from amounts due to the Municipality. 2. All Project records shall be turned over to MaineDOT within thirty (30) days of the date of the Notice of Termination for Convenience. 3. All remaining funds in the Project shall be made available to BACTS for reprogramming once the Project is closed out. ARTICLE 7. EXPIRATION A. All provisions of this Agreement — except for Article 2.Q (maintenance), Article 4.13 (records), Article 5.13 (indemnification) and 5.0 (confidentiality) — shall expire upon satisfactory completion of the terms of this Agreement or five (5) years from the final day of the month in which the undersigned MaineDOT representative executed this Agreement, whichever occurs first. I B. The provisions of Article 5.13 and Article 5.0 shall remain in full effect until terminated in writing by the Parties to this Agreement or negated by law. ARTICLE 8. DEBARMENT A. By signing this Agreement, the Municipality certifies to the best of its knowledge and belief that it and its officers, agents and employees associated with the Project are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any federal or state agency. If the Municipality is unable to certify to this statement, it shall attach an explanation to this Agreement. For the term of this Agreement, the Municipality shall notify MaineDOT promptly if it or any of its officers, agents and employees associated with the Project is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any federal or state agency. B. The Municipality agrees that it shall not hire a consultant or contractor who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state agency. ARTICLE 9. AGREEMENT APPROVAL Municipal Authorization: The undersigned municipal representative assures that the Municipality's official legislative body 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. Locally Administered Project Agreement. Bangor WIN 018579.00 Page 8 of 12 15-028 DECEMBER 8, 2014 IN WITNESS WHEREOF, MaineDOT and the Municipality have executed this Agreement in duplicate originals effective on the date last signed. Municipality of Bangor M Catherine M. Conlow, City Manager Date: Maine Department of Transportation M William A. Pulver, P.E., Director, Bureau of Project Development Date: I certify that foregoing signature is true and accurate. I further certify - pursuant to 10 M.R.S.A. §9407 and §9502 - that the signature, if electronic: (a) is intended to have the same force as my manual signature; (b) is unique to me; (c) is capable of verification; and (d) is under my sole control. ADDITIONAL MUNICIPAL SIGNATURES ARE REQUIRED ON APPENDIX A and B 4 Locally Administered Project Agreement. Bangor WIN 018579.00 Page 9 of 12 15-028 DECEMBER 8, 2014 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 R Number Authorized Representative: Catherine M. Conlow, City Manager Locally Administered Project Agreement: Bangor WIN 018579.00 Page 10 of 12 15-028 DECEMBER 8, 2014 Appendix B to a Locally Administered Project Agreement: Federal Highway Administration Civil Rights Assurance The Municipality HEREBY CERTIFIES THAT, as a condition of receiving Federal financial assistance, it will ensure that: 1. No person on the basis of race, color, national origin, sex, age or disability will be subjected to discrimination in the level and quality of transportation services and transportation -related benefits. 2. The Municipality will compile, maintain, and submit in a timely manner Title VI information requested by the Maine Department of Transportation pursuant to 49 CFR Part 21.9. 3. The Maine Municipality will make it known to the public that those people or persons alleging discrimination on the basis of race, color, or national origin as it relates to the provision of transportation services and transportation -related benefits may file a complaint with the Federal Highway Administration and/or the U.S. Department of Transportation.• The person or persons whose signature appears below are authorized to sign this assurance on behalf of the grant applicant or recipient. Authorized signatory Date Locally Administered Project Agreement. Bangor WIN 018579.00 Page 11 of 12 15-028 DECEMBER 8, 2014 APPENDIX C TO A LOCALLY ADMINISTERED PROJECT AGREEMENT: OPERATION & MAINTANCE OF TRAFFIC SIGNALS A. The Municipality agrees to operate and maintain all traffic signals and related equipment installed pursuant to this Agreement to function as designed and installed as part of the above -referenced Locally Administered Project, unless approved otherwise as hereinafter provided or as necessary as follows: 1. All malfunctions and deficiencies in the traffic signal or any equipment appurtenant thereto shall be repaired or corrected expeditiously in accordance with the Institute of Transportation Engineer's (ITE) "Traffic Signal Installation and Maintenance Manual." Any failure to correct the traffic signal to function as designed could, upon written notification from the MaineDOT, result in the MaineDOT making all necessary repairs at the Municipality's expense. 2. The visibility of the traffic signal shall be preserved and maintained at all times by removing any visual impairment thereto. 3. No change in operation or modification to the traffic signal or any equipment appurtenant thereto shall be made without the express written approval of the MaineDOT. 4. The MaineDOT shall be notified in writing prior to any removal or replacement of the traffic signal or any equipment and appurtenant thereto. Upon removal, such traffic signal or equipment so removed shall be disposed of as deemed appropriate by mutual agreement of the MaineDOT and Municipality without any cost to the MaineDOT, unless agreed otherwise in writing. B. The Municipality agrees to be responsible for the electrical service for the traffic signals and agrees to execute any necessary documentation required to establish such service and provide any local permits necessary for the installation of such service. C. The Municipality agrees to maintain all pavement markings (including stop bars, lane use arrows and all striping necessary to delineate the turning lane) and all traffic control signs as furnished under the project. D. The Municipality agrees to allow the contractor for the project to control all traffic within all designated work areas at such times and in such a manner necessary to permit construction of the project and the installation of the traffic signal as specified in the traffic control plan approved by the MaineDOT. Locally Administered Project Agreement. Bangor WIN 018579.00 Page 12 of 12