2021-24 RESOLUTION BEIT RESOLVED, by authority ofthe Board of Sy ‘one afore oly ofthe Township of New + York Coun, ani (lane af MUNICIPALITY is ereby resolved by authority ofthe same, thatthe Township Mi (designe aca a) ‘of aid MUNICIPALITY i authorized and directed to submit the attached Taf Signal MaincomceAgremeat fc Approval othe Pensylvanis Department of Transportation and to sig his Application onbehalf of the MUNICIPALITY, ATTEST: Newbery Towmship ae — ma enero: dey dda ‘Come eee Athi Midler —~Seectgtgeg off Newbury Township Bow of Superson __ ory cei tat he oeoing (ane of ening bala MUNICPALT) ‘isa trv and comect copy ofthe Resolution adopted ata regular meeting of the Board of Supervisors swaiine /Aphyany of Decanbe0 2) (ane of gen bc) vate: (2/19 /o0e/ LZ ee Cnt at bapa eSAGREEMENT NO. EFFECTIVE DATE: COMMONWEALTH AND MUNICIPAL ‘TRAFFIC SIGNAL MAINTENANCE AGREEMENT This Commonwealth and Municipal Traffic Signal Maintenence Agrsement (*Agreement’) is made between the Commonwealth of Pennsylvania, Deparimest of ‘Transportation ("PeanDOT”) Newbery Township politcal subdivision in the County of York, _ Pennsylvania by acting thoughts proper offal (Municip). BACKGROUND This Agroement is pursuant to 74 PaCS. Chapter 92 (lating to traffic signals) and 75 PaCS, § 6122 (relating to authority to erect taffic contol devices) to define maintenince requirements fr all affic signals within the Municipality. Local authorities are required to obtain the approval of PeanDOT pric to erecting any Uwaffic signal pursuant to 75 Pa.CS. § 6122(a)2). Local authorities ate responsible for the installation, revision, maintenance, operation and removal of traffic signals on highways under ‘heir jurisdiction with writen PennDOT approval pursuant to 67 Pa, Code § 212.5(¢)(). The “Municipality isa focal authority having the authority to enact laws relating to taffic pursuit to the definition in 75 PaCS, § 102.‘The Municipality is required to enter into an agreement with PennDOT to properly raintain and time traffic signals for critical conidors pursuant to 74 PaCS. § 9202(0) The ‘Municipality may enter into an agreement with PennDOT to property maintain end time taffic signals for designted coridors pursuant to 74 PaCS. § 9202(a. An agreement is requied as a condition of eligibility for financial assistance out of the Motor License Fund to replace, synchronize, time, operate, and maintain traffic signals pursuant o 75 PaCS. § 9511(e.1X9) ‘Trafic signal equipments installed to serve a specifi purpose though a distinct mode of ‘operations PennDOT and the Municipality share a common interest in facilitating the saft and efficient management of traffic ow on a daily bass as well as during incidents ‘The parties agree, withthe intent to be legally bound, tothe following: 1. Defined Terms. tn addition to the terms defined elsewhere in this Agreement, as wed in this Agreement, the terms set forth below shall have the respective meenings set forth below. 8. Maintenance means preventative, periodic, and emergency work (including by contrac), as described in this Agreement. The definition shall include all work forms and tenses (including, but not limited ¢o, maintain, maintained, and ‘maintaining. . Personally IdentiNable Information means individual's name, adévess, photograph, social security number, diver identification number, photograph, ‘medical or disability information, ora combination of that information, a pr 18 USC. §2725G), the Breach of Personal Information Notification Act, 73 PS. § 2301, et seq,, Commonwealth IT Policy ITP-SECO19 (Policy end Proceduces for Protecting Commonwealth Electonic Data), and the applicable OPD documents publicly available at: hups:/iwww 0a,pa.gov/Policies/Pagesitp asp.© ‘raffle Control Devices means geometric features, signs, signals, pavement ‘markings, pedestrian accommodations, and other items associated with taffic control devices. 4. TSAMS means Trafic Signal Asset Management System and is the prefered ‘method for electronic recordkeeping. © Traffic Signal means an electronically operated traffic control device that facilitates the orderly movement of traffic (inching, without limitation, waffic control signals, pedestrian signals, flashing beacons, emergency vehicle access signals, lane-use contol signals, ramp metering signals, school warning systems, and in-oadway lights). The useful ie of trafic signal equipment is defined a the time fiom installation until itis either removed or replaced with signal equipment ‘or other traffic control device(s) which beter serves the need ofthe intersection. £ Trafhe Signal Permit means a document issued by PennDOT, which fie Signal; ii, captures some besic information such as wh the petit i issued tthe hours that the Traffic Signal will be on flash, the type of contoller i, approves installation ofthe ‘mounting, and the permitee's responsibilities; and fil, contains information about the operation of the Traffic Signal, the placement of signal equipment, signing, and markings, and a signal plan sheet showing a scaled drawing ofthe intersection withthe approved Taf Signaland other associated trafic contol devies (such as signal structures, vehicular and pedestrian signal heads, contolle, trafic detectors, atic ‘signs and any sign structures, pavernent markings, pedestian curb ramps). 2. Applicability. This agreement applies to al waffic signals inthe Municipality for which a ‘Traffic Signal Permit hes been issued by PennDOT. Traffic Signals shall remain sujet to this Agreement in perpetuity unless and unl the Traffic Signal Permit is canceled by PennDOT. A record of Traffic Signal Permits is maintained electronically by PentDOT 1nd may be accessed at any time by the Municipality 3. Ownership of Traffic Signals and Maintenance Requirements.a. Ownership. 4, Tite to all Traffic Signal installations shall vest in the Municipality, nless ‘PennDOT has indicated otherwise through publication inthe Pennsyvania Bulletin pursuant wo 74 PaCS. § 920241), ji, When a new Trafic Signal is constructed ownership ofthe Traffic Signal transfers to the Municipality upon end ofthe thiry- (304) dey test peti. PennDOT will confirm end ofthe thirty (30-) day test period in writing. i. When a Traffic Signal is modified, ownership ofthe modified elemeat of ‘the Traffic Signal transfers tothe Municipality upon end ofthe thiny-(30- ) day test period in writing. Traffic Signal appurtenances that ae not ‘modified as part ofthe work remain under ownership of the Municialiy. iv. Allitems associated wit the Traffic Contol Device ate the Municipaliy's responsibility, as documented on the Trafic Signal Permit issued by PennDOT. Longitudinal pavement markings on state highways re the responsibilty of PennDOT and wil be maintained by PennDOT, ¥. The Municipality shall, atts own expense, operate the Traffic Sign in secordance with the permits) issued by PennDOT. ». Preventative a Response Maintenance, i. The Municipality shall provide preventative and response Maintenance at its own expense, forall Traffic Signals owned by the Municipality inorder to provide the Maintenance program escrbed i this Agreement. li, The required preventative and response Maintenance functions shall be provided in the manner indicated in Exhibit A, attached to and made pat of this Agreement ‘The Municipality agrees that the provisions of Exhibit B, attached to and ‘made part ofthis Agreement, shall apply ifither Maintenance function is performed using munici iv. Ifthe Municipality employs a contractor to perform either Maintenance function, the Municipality agrees to submit the name and address ofthe contractor to PennDOT using the form in Exhibit C,atached to and made Part of this Agreement, together with a copy ofthe agreement between the personnel‘contactor and the Municipality. The Municipality shall submit «revised ‘Manicipal Contact Form (Exhibit C) within thirty (30) days of any changes ‘o the information contained on the form. The form shall be submited to the attention of the District Traffic Engineer within the PemDOT Engineering District encompassing the Municipality, or in such other format as prescribed by PennDOT. The use ofa contractor doesnot lieve ‘he Municipality of any obligations ofthis Agreement. ©. Maintenance Records, i. The Municipality agrees to prepare and retain an accurate record of the Dreventtive and response Maintenance activities performed on Trafic Signals owned by the Municipality in accordance withthe provisias of Exhibit D, attached to and made part of this Agreement. ii, The Municipality shall make Maintenance records available st all reasonable times for inspection by PennDOT. 4, Failure to Perform Maintenance. Ifthe Municipality fails to full its responsibilies as ‘described herein, PennDOT shall provide writen notice pursuant to 74 PaCS. §9202() Ifthe Municipality filed to meet the requirements ofthe written notice, PennDOT may take action to correct the deficiencies and may deduct the actual costs of comeing the Aeficiencies fiom the Municipality's iquid fuels payments pursuant to 74 PaCS. § 9202(g). Performance of the Maintenance services by PennDOT in the Municipality's stead shal not relieve the Municipality ofits responsibilty for continued Maintenance of ‘Traffic Signals. I the Traffic Signal was installed or improved using stator federal fnds, federal- andior state-uid participation may be withheld on all future projects unl the ‘Municipality demonstrates to PennDOT and the Federal Highway Administration tha ll Fequired Maintenance and operation services are being provided by the Municiaiy without the necessity of PennDOT performing duties herein described as being the responsibilty ofthe Municipality.5. Notices. Notices sent by PennDOT to the Municipality relating to Trafic Signals will be sent by regular mail, fesimile, e-ma (oF delivery in person to the address of the ‘onemergency contact provided on the form in Exhibit C. 6. Application for Traffic Signal Permits. signed Trafic Signal Application Form TE- 160, see attached Exhibit, atached to and made partf his Agreement, halle submited by the Municipality in accordance with the form and instructions provided by PennDOT, and a Traffic Signal Permit must be issued by PennDOT, before any work can begin on ‘any new Traffic Signal or modification to an ex ing Trafic Signal. If PennDOT approves ‘now Traffic Signal after a traffic engineering study and engineering judgment indicates the need, the Traffic Signal shall be installed, owned, operated, end maintained in ‘ecordance with his Agreement. PennDOT may direct appropriate alterations othe design oF operation (including, but not limited to, hours of operation) ofthe Traffic Signal, or Fequire removal of the Traffic Signal, if uallic conditions or other considerations ‘necessitate alteration or removal. The Municipality is reeponsible for the obtining pproval for installation of Trafic Signal appurtenances outside highway right-ofway. Traffic Signals instlled using Liquid Fuels Tax funds must conform to PennDOT specifications as set forth in the current Publication 408, supplements and Standard Drawings. 7. Highway Occupancy Permits, Section 441.3 of Title 67 ofthe Pennsylvania Code 67 Pa (Code, Chapter 441) stipulates that a highway occupancy permit is required fiom the Department prior to the constuction or alteration of any driveway, local road, drsinage facility, or stacture within state highway right-of-way; or connection to or alteration ofa PeonDOT drainage facility. The Municipality shall submit for a Highway Occupancy Permit whenever embankment removal, curbing andior sidewalk, drainage structures, ‘changes in highway geometry, pavement widening, oF installation of additonal lames are Performed within the rightof-way of any state highway. Additional requitements and guidance are defined within Publication 441 (see Chapter 441, ie, “Access to and ‘Occupancy of Highways by Driveways and Local Roads”).8. Remote Communications and Operations. ‘& Virtual Private Network. Communications (including fied-to-fcld and fl-t0- network) access shall be provided through PeanDOT's virtual private network (CYPN"). The Municipality may request user credentials, which may be provided ‘on a case-by-case bass at PennDOT’ discretion. b. System Equipment Cabinet. Access wo the on-site equipment cabinet housing ‘connections to PennDOT's VPN shall be resticted (by key, access baige, oF otherwise). The Municipality may request access, which may be provided i the PennDOT's discretion, PeanDOT may establish minimum qualifications for Traffic Signal technicians to have access. ©. ‘Traffie Signal System Monitoring, The Municipality agres to permit PenDOT. {o monitor traffic conditions using Traffic Signal equipment within the boundaies fof the Municipality during times of normal tific flow and during times of an incident. PennDOT during signal monitoring will suggest traffic signl ting adjustments to the Mimic signal timings suggested to improve normal traffic flow cen be implemented Femotely by either PennDOT or the Municipality upon mutual acceptance of new timings. 44. Incident Management. In the event of an incident, the Municipality agree to allow PenaDOT to implement revised traffic signal timing and phasing plans aany ‘Traffic Signal subject to this agreement. PennDOT will contact the Municipality prior tothe implementation of revised talc signal ining nd phasing plans. Upon clearance of incident, PennDOT will return affected Traffic Signals to operate as reflected on the approved Traffic Signal Permit. Upon resumption of nonnel ‘operations, PennDOT will notify the Municipality. Notification under this scion from PennDOT to the Municipality willbe to the emergency contact identifi in Exhibit. ity in order to improve normal trafic low, Trae 9. Data Ownership. All data generated by the Trafic Signal equipment shall be joatly ‘owed by PennDOT and the Municipality. PennDOT or the Municipality may share data with third partis forthe purpose of providing traveler information, PennDOT and the 710. 12. Municipality have the obligation to protect any Personally Identifiable Information collected in accordance withthe applicable laws and regulations, Engineering Studies and Ordinances. The Municipality shall comply withthe staly and ‘ordinance requirements of 75 PaCS. § 6108. ‘Save Harmless. The Municipality agrees that it wil indemnify, save harmless and defend (Gfrequested) PennDOT, is agents, representatives and employees, fom all suits, sions ‘or claims of any character name or description, damages, judgments, expenses, atorey's {ees and compensation arising out of personal injury, desth or property damage, sutned oralleged to have been sustained in whole or in part by any and al persons whatsoever, as ‘result of or arising out of any act, omission, neglet or misconduct of the Municilty, its offices, agents, contractors or employees, during the performance ofits obligations lunder this Agreement and thereafter, This provision shall not be construed to li the Municipality in asserting any rights or defenses Additonaly, the Muniipaticy shall include in any contracts into which it enters for Maintenance, operation, or inspection of the traffic controt device this same obligation to indemnify PennDOT and its offers, agents, and employees; and it shall requite its contactor(s) to provide public lily insurance coverage, naming PennDOT and the Municipality as additional insureds for bodily injury, including death and property damage, in the minimum smounts of $500,000 Per person, $1,000,000 per occurence, it being the intention of parties to have the ‘contractor fully insure and indemnify PennDOT and the Municipal. Required Commonwealth Provisions. The Municipaiy shall comply with the folowing ‘required Commonwealth provisions. As used in these provisions, “Contractor” refers the ‘Municipality: 4% Commonwealth NondiscriminationSexual Harassment Clause. The cunent Version of the Commonwealth Nondiscrimination/Sexual Harassment Clause, attached as Exhibit , Contractor Integrity Provisions. The curent version ofthe Contactor Integrity Provisions, tached as Exhibit.©. Provisions Concerning the Amerie 8 with Disabilities Act. The currentversion ‘of te Commonwealth Provisions Concerning the Americans with Disabilities Ac, attached as Exhibit 4. Contractor Responsibility Provisions, The current version ofthe Commoawealth Contractor Responsibility Provisions, attached as Exhibit 13. Right-to-Know Law. The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104, ‘applies to this Agreement. Therefore, this Agreement is subject to, and the Grantee shall comply with, the clause entitled Contract Provsions—Right to Know Law, attached as ExhibitJ and made apart of this Agreement, As used inthis exhibit the term “Contactor” refers tothe Grantee. 14, Form TE-160 Application for Traffic Signal Approval. Applications for afc signals ‘shall follow the process as specified in PennDOT Publication 46, As past ofthis process, the Municipality shall submit via writing recommended changes to the exis ing tlic signals, or equest to remove an existing Traffic Signal or install anew Trafic Signa using Form TE-160, for PennDOT review and approval tched as Exhibit , along with all supporting studies and documesttion 15, Amendments and Modifications, No alterations or variations to this Agreement shill be ‘valid unless made in writing and signed bythe parties, exceptas otherwise providediathis ‘Agreement. Amendments to this Agreement shall be accomplished through formal ‘written document signed bythe parties withthe same formality as this Agreement, 16. Titles Not Controlling. Titles of paragraphs ate for reference only and shall not be sed to constr the language in this Agreement 17 Severability. The provisions ofthis Agreement shall be severable. If any phase, cause, sentence or provision of this Agreement is declared tobe contrary to the Consttton of Pennsylvania or ofthe United Stats or the laws ofthe Commonwealth, othe applicability thereof to any government, agency, person or circumstance ie held invalid, the validity of18, 2 21 2 0. the remainder of this Agreement andthe applicebilty thereof to any government, gency, Person or circumstance shall nt be affected thereby. No Waiver. Fither party may elect not to enforce its rights and remedies unde this ‘Agreement in the event of s breach by the other parties of any term or condition ofthis ‘Agreement. In any event the failure by cither party to enforce its rights and remedies vader ‘his Agreement shall not be construed asa waiver of any subsequent breach of the sume oF ‘any other term or condition of thi Agreement Independence of the Parties. This Agreement is no intended and shall not be constued ‘0, in any respect, ereate or establish the relationship of partners betweea the Municipality tnd PennDOT, oto constitute PennDOT as the representative or general agent ofthe ‘Municipality for any purpose whatsoever, ‘Assignment, This Agreement may not be assigned by the Municipality, either in whole or in part, without the writen consent of dhe Comuuaweath No Third-Party Beneficiary Right. This Agreement does not create or confer any sights in or on persons or entities nota party to this Agreement. Force Majeure, Neither party shall be lable for flute to perform under tis Agreement if the failure to perform arses out of causes beyond the control and without the fat or negligence ofthe nonperforming party. Ceuses may include, but are not limited to, as of God or the public enemy, fires, floods, epidemics, quarantine restrictions, fight ‘embargoes, and unusually severe weather. Ths provision shall become effective only if the party fling to perform immediately notifies the other party ofthe extent end nae of the problem, limits delay in performance to that required by the event, and takes all reasonable steps to minimized delays. This provision shall not be effective unless the failure to perform is beyond the contol and without the fault or negligence of the nonperforming party Integration and Merger. This Agreement, when executed, proved and delivered, sall ‘constitute the final, complete and exclusive Agreement between the parties containing all 10the terms and conditions agreed on by the partes. All representations, understandings, Promises and agreements pertaining tothe subject mater of ths Agreement made pir to (F at the time this Agreement is executed are superseded by this Agreement unless specifically accepted by any other term or provision of this Agreement. No conéitons precedent othe performance of this Agreement exist, except as expressly set forth inthis Agreement 24. Repeats, Upon execution of this Agreement, any other existing agreements between PeonDOT and the Municipality relating to the Maintenance of Traffic Signals are superseded and repested, and any such Traffic Signals shall be subject ‘othe terms ofthis Agreement. {the remainder of this page is intentionally left blank.) n‘The patties have executed this Agreement tobe effective as ofthe date ofthe last. signature afixed belo Printed Nome’ Printed Name lane 2: = Title Tite Pease atach resolution proving proof of signatures forthe signe sgn ‘on bea ofthe Muniiaiy, Author or ther goverment eit. Signer need to ———————— (COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Secretary or Designee Date APPROVED AS TO FORM AND LEGALITY: BY. a Office of Chief Counsel, Date BY. Ofice of General Counsel Date BY. Ontice of Atomey General Date ATS8.0 2PREVENTATIVE AND RESPONSE MAINTENANCE REQUIREMENTS PREVENTATIVE MAINTENANCE “Municipality ort contactor sal provide prevetative maintenance fer individual components ofeach {effi signa insallaton covered by tis Agreement. PemDOT Publication 191 idence the napa revematve maintenance active tchodatng interval foreach ofthe various tli signal compen Provide preventative maintenance a specified in Publication 19] to keep the intersection cong! ‘equipment and signals in mechanically, suuetrlly aod aesthetically good condition RESPONSE MAINTENANCE “Manicipalty or its contactor sal provide response msiateaance for individ! components of ack "afc sal installation covered by this Agreement PennDOT Publication 191 dette the reed "sponse intervals nd repair interals foreach of the various lfc inal component, Provle eronse ‘antnanc specified in Pbticaton 11 to estore a alicia sytem io proper sad ne opeston Tncludes Emergency (Temporary) Repair and Finl Rei. EINAL REPAIR: Repro replace filed equipment to restore sytem proper and sae pettion in aeconance with ert and within response intervals andrei intervals as specie in Publication 191 EMERGENCY (TEMPORARY) REPAIR: Use altemative means or mode to temporarily restore system to safe operation within respons inter ‘al epi intervals as spocified in Publication 11. Final repsirs must then be completes within ts intervals a specified in Publication 191 Exhibit A Page lofSIGNAL MAINTENANCE ORGANIZATION PERSONNEL CLASSIFICATIONS In order to property manta the tae signal equipment covered by tis agreement, Municipality ares to provide as minim, the following staf throughout the wef it ofthe equipment. Map ‘gtes to abide by all guidance provided in PennDOT Publication 191 related to minimum reqereneats foreach poston a follows. ‘Tnflic Enginsr ~ Administrative postion wth prime responsibilty for proper operation of tras ‘equipment. Supervises and plan activites of Sigal Testnicians ané Sina Sporto sure adequate preventative snd response mtninance programs, ‘Siena Speialist- Responsible for the disgnostis and repr ofl taf signal equipment ncding solid state equipment, ‘Signal Technician Responsible for the operation and maintenance of taf signals anda associate essipment. TRAINING Municipality presto seure taining inorder o upgrade the ability ofits present staff property perform the required maintenance functions. Municipality agreceo abide by all guidance providedin PennDOT Publication 191 BUDGET REQUIREMENTS, ‘Municipality agrees o provide in its anal operating budget, dedicated funds which ar sufciento cover the cos ofthe petsoanel, training, contactors (lized) an specialized maintenance equipacat hic ae required, by virtue of his agreement, Municipality agrees to abide by al guidance provided in PennDOT Publication 191 Exhibit Page of |[MUNICIPAL CONTACT INFORMATION Non = Emergency Mancina! Contac Informa Name of Maniptiy: Newberry Township Meng! Adres 1915 01 Trai Road Municipal Phone Numer _ (717) 886-6992 pterate Pons Naber ‘Municipal Contact Person:__‘Tony Miller rie Manager E-mail Adie tmllor@newberytw. com Maria Hou of peat Monday-Friday 8:00 am -430 pm Prefered Method of Contact’ C] Phone EJE-M ‘Emergency Municipal Contact Information Emergency Contact Person:__Tony Miler ue Manager oil hon Nunter_ (717) 988-6992 Amat Poe Nor Emil Ades tmillr@newberytwp.com Prefered Method ofContace: (Phone E-Mail Maintenance and Operation Information Preventative Maintenance performed by: Municipal Persomel EX Municip Contactor) Monicipal Penonne & Contactor Response Maintenance performed by: A Mnicipal Personnel Ei Municipat Concacior [Municipal Personnel & Constr Maintenance nd Operstions Contactor Contac Name: i Smith Company/Organizaton: PAPERCS an (717) 796-6630 ‘AltPhone# (717) 682-1697 a billsmith@papercs.com Exhibit Page ofRECORDKEEPING ‘Accurate and up-to-date recordkesping is an essential component ofa good trafic signal maisenance ‘rogram, Municipality shall prepare, retain, and make available to PennDOT, on rogues, a record of ll ‘Preventive and response maintenance activities performed on the taf signal equipment covered this spreement. ‘Maniipaity shall establish a separate file for each afc signal installation and keep its ecordsin TSAMS, ‘ron other forms prescribed by PennDOT in Publication 191 Ata minimm, the following records shall bekepty the Municipality rit contractor foreach intention. ‘Maser Intersection Recosd List ofall maitenance factions performed atthe intersection, which should be updated within one ay of the activity But more than one Week later sintenance R ‘A log recortng the location, dat, tine, cller, recive and complaint received, maiatenance persone! ‘ime dispatched, wouble found, and ne cleared Preventive Mei rd ‘og for each preventative maintenance sevice that includes the date, tasks pefomed, and signs of personnel performing the work Exhibit Page ofrerenaae) Derarmuenr se on Application for Pennsylvania | eyeecmaas Traffic Signal Approval | a Sosnacee Soe EE G. Municipaty nas n existing Trafic Signal Maintenance Agrooment cover al signals hte ‘municipal. lsuance of new or evise parm amends Muricabye signs lst reine 'GMuricpaty dons nt have an essing Taff Sigal MaintananceAareement covering a sgn n {he munlcpaly. Trac Sigal Malaenance Agreement mist be complied ehosnee eine ‘munkipalty and atached this pleat, SIT PennOT Disc County: Muniepatty. Location (tereoction) Taf Contel Device is CUNEW Tra Signal] EXISTING Tiaffe Signal, permit ‘Type ofDevice(selectene}: C) Trac Conta Signal (MUTCD Section 4D, 4E, 46) (Z Flashing Bescon (MUTCO Seton 4} ©) School Waring System (MUTCD Secon 78) Botner te Tati Sigal partoa system? CI Yes C1No System Number appeabey- IEYES, provide locaton oa stynatzed nersectons in system, Explain the proposed improvements Lee eg ew CMs Rescuson scan tip ‘rate VuneaPesestan Vanes eter ofrinrcatConmiment £1 Proagerte Tan Lane Any Warast Arse D Staigh Une ogra Tn Rectan Staos Lloaenaraves capes Anaya i miicpa Carns maton Tete Sonal Susy Cracimpas'Swy cs) once CG ceontcanSasren SOM ‘The spptcant doses to own, eperao, and maintain the trafic conto deve in the location identiog {hove an fe Vehicle Code request approval of te Departmen of Transporation (Depareret) before any tafe signals may be egal erectd or modifed Appicariegtoes to oun anamricner ge trai alin geordance wih he Tac Sina Maninance Agreement execled been Maly ‘and te Department, dated By (sige) Oates Printed Name of Municipal Authorized Oficioh Tae of Signaton, Exhibit Page [of |NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE [Contracts] ‘The Contractor agrees 4A. In the hiring of any employee(s) for the manufacture of supplies, performance of Work, or any other activity required under the contract oF eny subcontracts te Contractor, each subcontractor, or any person acting on behalf ofthe Contractor ‘2¢ subcontractor shall not discriminate by reason of race, gender, creed, cole, Sexual orientation, gender identity or expression, or in violation of te Pennsylvania Human Relations Act (PHRA) and applicable federal lows, agains any ‘itizen ofthis commonwealth who i qualified and available to perform the work t ‘which the employment relates, 2. _Nelther the Contractor nor any subcontractor ner any person on their behalf sal in any manner discriminate by reason of race, gender, creed, color sera foflentation, gender identity or expression, oF in Violation of the PriRA and ‘2pplicable ‘federal laws, against or intimidate any employee. involved in the ‘manufacture of supplies, the performance of work, or any other activity requied Under the contract, 3. Neither the Contractor nor any subcontractor nor any person on the behalf shal in any manner dlscriminate by reason of race, gender, creed, color, sens orientation, gender identity or expression, of in violation of the PHRA and ‘applicable federal laws, In the provision of services under the contract 4. Nelther the Contractor nor any subcontractor nor any person on the behalf shall in any manner discriminate against employees by reoson of pattipaton in ot Opportunity Commission ("EEOC") and shal file an annual EEO-1 report with the EOC 25 required for employers’ subject to Title VII of the Civil Rights Act Of 1964, 25 amended, that have 100 or more employees and employers that hove federal government contracts or first-tier subcontracts and have 50 or more employes, The Contractor and each subcontractor shal upan request and within the tine sees requested by the commonwealth, furnish all necessary employment documents and fecords, Including EEO-i reports, and permit access to thelr Books, records, and ‘accounts by the contracting agency and the Bureau of Dive'sity, Indusion ene Saul usiness Opportunities for purpose of ascertaining compliance with proves t tas Nonclscriminaton/Sexual Harassment Clause, 8. The Contractor shall include the provisions of this Nondisrimination/Sexual Harassment Clause in every subcontract so that those provisions applicable to subcontrectors will be binding upon each subcontractor 8. The Contractors and each subcontractor’ obligations pursuant to these provision ere ‘ongoing from and after the effective date ofthe contract through the termination date ‘hereof. Accordingly, the Contractor and each subcontractor shal have eh obliscoar to Inform the commonweatth f, at any time during the termof the contract, fe becomes ‘aware of any actions or occurrences that would result in velation of these enone 10. ‘The commonwealth may cancel or terminate the contract and all money due orto become due under the contract may be forfeited for a violation of the terms and Conditions of this Nondiscrimination Sexual Harassment Clause. In addilon, the aency may proceed with debarment or suspension sid my pace mecontoctie the Contractor Responsiblity Fie, Exhibit F Enclosure 1 to Management Directive 215.16 Amended Page 20f2 <>January 14, 2015 CONTRACTOR INTEGRITY PROVISIONS. 1 is essential that those who seek to contract with the Commonwealth of Peansyivania CCommonweatth") observe high standards of honesty and intearity. They, must coveuct themselves in a manner thet fosters public confidence in the integrity of the Conmonwesise ‘contracting and procurement process, DEFINITIONS. For purposes of these Contractor Integy Provisions, the folowing terms shall have the meanings found inthis Section, 2 “Affiliate” means two or more entities where (a) 2 parent entity owns mote than fifty Percent of the voting stock of each ofthe entities; oF (b) a common shareholder or group Bf shareholders owns more than fity percent ofthe voting stock o¢ each ofthe ees or (©) the entities have a comman proprietor or general partner. . “Consent” means written permission signed by a duly authorized officer or employee of the Commonwealth, provided that where the material facts have been deterce: wsting, by prequalifeation, bic, proposal, or contractual terms, the Commonweal shal be deemed to have consented by virtue af the execution ofthis contract, ‘& “Contractor” moans the individual or entity, thet has entered into thi contrac with the Commenweaith. ‘Contractor Related Parties” means any sffistce of the Contieuior end the Contractors executive officers, Pennsylvania officers snd dircctors or onnars ot Srerceny ‘or more interest the Cantractor. , “Financial Interest” means either: (2) Ownership of more than a five percent interest in any business; oF (2) Holding a position as an officer, cirector, trustee, partner, employee, or holding any position of management, “Gratuity” means tendering, giving, or providing anything of more than nominal monetary value including, but not limited to, cash, travel, entertahument, gi, mec, edging, loans, subscriptions, advances, deposits of monty, services, emhploynenly contracts of any kind. The exceptions set forth in the covernor Exaeutve Onder 1980-18, the 4 Pa. Code §7.153(0), shall ply SNon-bid Basis” means 2 contract awarded or executed by the Commonweatth with Contractor without seeking bids or proposals fram any other potential bier or otter In furtherance ofthis policy, Contractor agrees tothe following ‘Contractor shall maintain the highest standards of honesty and integrity ducng the performance of this contract and shall take no action in violation of state ar federal es oe egulations or any other applicable laws or regulations, or other requirements apstecte fo Contractor or that gover contracting or procurement with the Commonwesit Exhibit 6 Enclosure 1 to Menagement Directive 215,8 Amended Page 1 of 3'. Contractor shall establish and Implement a. written business integrity polky, which Includes, st a minimum, the requirements of these provisions os trey feak tothe Contractor activity with the Commonwealth and Commanwealth employees and which Is ‘made known to all Contractor employees. Pasting these Contractor Integryy Fovsions conspicuously in easily-accessible and well-lighted places customary frequented oy employees and at or near where the contract services are performed shall Sonsy, the, requirement. Contractor, its affiliates, agents, employees and anyone in privity with Contractor shall not accept, agree to give, offer, confer, or agree to confer oF promise to confer dveatly or incirecty, any gratuity er pecuniary beneit to any person, or to influence of stent Influence any person in violation of any federal or state la, regulation, executive order of {he Governor of Pennsylvania, statement of policy, management urectve of say other Published standard of the Commonwealth in connection with performance of Work under this contract, except as provided inthis contract Contractor shall not have a financial Interest in any other contractor, subcontractor, or supplier providing services, labor, or matenal under this contrac, unless, the faarcol Interest is aisciosed to the Commonwealth in writing and the Commonwealth consents to Contractor's financial interest prior to. Commanweatth, execution of the, conrace Contractor shail ésciose the financial interest to the Commonwealth at tne tne of 1d oF Proposal submission, or if no bids or proposals are solicited, no loter than Convector Submission of the contract signed by Contractor Contractor certifies to the best ofits knowledge and belief that within the last ve (5) Years Contractor or Contractor Related Parties have not (2) been indicted or convicted of & crime involving moral turpitude ar business honesty ‘or integity in any junsdetion; (2) been suspended, debarred or otherwise disqualified from entering into any contract with any governmental ageney: (3) hag any business license or professional license suspended or revoked; (4) had any sanetion or tining of fact imposed as a resut ofa judicial or adminsvative proceeding related to fraud, extortion, bribery, Did” rigging, embestimens, Iisrepresentation or anti-trust, and (5) been, and is not currently, the subject of a criminal investigation by any federal, state’ or local prosecuting of investigative agency and/or civil entrust investigation by any federal, state or local prosecuting or ivestigatve agency, 1f Contractor cannat so certify to the above, then it must submit along with its bid, proposal or Contract a watten explanation of why such certifeation eannat be made and the Commonwealth will determine whether 2 contract may be entered into with the Contractor. ‘The Contscors ‘obligation pursuant to this certification is ongoing from and after the effective date of the tostnct through the termination date thereof. Accordingly, the Contractor shell have an oblgston Ce Immediately notty the Commonwealth in writing fat any time during the term of the contact sf becomes aware of any event which would cause the Contractor's certification or explanstion to change. Contractor acknowledges that the Commonwealth may, in ts sole discretion, terminate the contract for cause fi leams that any of the certifeations made herein ate currently fale due to intervening Factual circumstances or were false or should have been known to be fose wien entering into the contrac, Exhibit 6 Enclosure 1 to Management Directive 215.8 Amended Page2 of 34 Contractor shall comply withthe requirements of the Lobbying Disclosure Act (65 e.C.S. 13401 et sea.) regardless of the method of avard. If this contract wos nared on 8 Non-bid Basis, Contractor must also comply with the requirements of Ue Section 161 oF the Pennsylvania Election Code (25 PS. §52600). ‘9. When Contractor has reason to believe that any breach of ethical standards as set forth a lam, the Governor's Code of Conduct, or these Contractor Integnty Provisions Nac one oF may occur, Including but not limited to contact by a Commonwealth offer or emplores whlch, Hf actéd upon, would violate such elhieal standards, Contractor shal ereeereay, Rotity the Commonwealth contracting officer or the Office of the State Inspector Const weting, ‘h Contractor, by submission of its bid or proposal and/ar execution of this contract and by the submission of any bills, invoices or requests for payment pursuant €0 the contac, Certifies and represents that it has not vilated any of these Contractor Integy Pousiony {m connection with the submission of the bid or proposal, during any contr nepolatons or during the term of the contract, to include ‘any extensions tharcot, convene oat Immediately notiy the Commonwealth in wting of any actions for occurrences ter monet result ina violation of these Contractor Integrity’ Provisions, ‘Contractor rece to Feimburse the Commonwealth for the reasonable casts of invesigation incor by the Office oF the State Inspector General for Investigations af the Contractors Comphence wes the teems of this or any other agreement between the Contractor and the Cormenneaitn that results in the suspension or debarment of the Contractor, Contractor stol ror be ‘sponsible for investigative costs for investigations that do not result nthe Contoceore, suspension or deborment, Contractor shall coonerate with the Office of the State mpector General in its Investigation ‘of any alleged ‘Commonwealth agency o employes bressh et cohen standards and any alleged Contractor non-complance with these Contactor inst, Provisions, Contractor agrees to make Identified Contractor emplonces soolstes Interviews at reasonable times and places. Contractor, upon the imgully oF recoed of on Inspector General, shall provide, or if appropriate, make prompty avalable for nercetion 2F Eopying, any information of any type oF form deemed relevant by the Ofice oft Stave Inspector General to Contractor's integrty ané eompllance with these proven, sae ‘formation may include, but shall not be limited to, Contractors business there records, documents or fils of any type or form that refer to or coneem ths contract Contractor shall incorporate this paragraph in any agreement. contact or sutccrnen centers into in the course of the performance of this contractagrecment solely forthe urpose of obtaining subcontractor compliance with this provision, the inconsorcen oe {his provision “in a subcontract shall not create privity. of contract beawcen’ the Commonwealth and any such subcontractor, and na third. party beneficarics eal he created thereby. 4+ For violation of any of these Contractor Integrity Provisions, the Commonmesth may terminate this and any other contract with Contractor, claim liquidated damoges lon amount equal to the value of anything received in breach ‘of these Proves, Jann damages for al additional costs and expenses incurred in obtaining snather contectee complete performance under this contract, and debar and suspend Contactor fon doing business with the Commenvieath. These rights and remedies are cummulstive, ave the see oF mon-use of any one shall not preciude the use of ail or any citer, These hake oe Femedies are in addition to those the Commonwealth may have under law. sehen regulation, or otherwise Exhibit 6 Enclosure 1 to Menagement Directive 215.8 Amended Page of 3October 4,201 PROVISIONS CONCERNING THE AMERICANS WITH DISABILITIES ACT For the purpose of these provisions, the term contractors defined as any person, including, but not imited to, bidder, offeror, supplier, or grantee, who wil furnish or pestorm otseeks te furnish or perform, goods, supplies, services, construction or other actvey, one a Purchase order, contract, or grant with the Commonwealth of Pennsylvania (Cornnenwealthy, During the term ofthis agreement, the contractor agrees as follows: 1, Pursuant to federal regulations promulgated under the authority of the Americans with Disabities Act, 28 C. F. R. § 35.101 et seq, the contractor understonds and agrees that no individual with = disabitty shal, on the basis of the disabilty be cxckooca feos participation inthis agreement or from activities provided for under this agreement. he 6 {ondtion of accepting and executing tis agreement, the contractor agrees to comply ith the "General Frohititions Against Discrimination," 28 C.F. R. § 38,130, and al aher Fegulations promulgated under Title IT of the Americans with Disabilities Act wich nee 2pplcable fo the benefits, services, programs, and activities provided by, Vie Commonwealth through contracts with gutside comupaeee 2. The contractor shall be responsible for and agrees to indemnify and hold harmless the Commonweath from all losses, damages, expences, claims, demands, suits eed acne brought by any party against the Commonwealth as a result of the contractors talon ne ‘comply withthe proviclane of parsgraph 1 exHIBrT H Enclosure 1 to Management Directive 215.12 Amended Page 10f2 oeContractor Responsibility Provisions (Cecember 2020) For the purpose ofthese provisions, the term Contractor f defined a ay person, including, butrot limited to, bidder, oterr, loan recipient, grantee or esor, who has furnished o performed or seks {0 uerish or perform, goods, supple, services, leased space, construction or ater acti, under contract, grant, ease, purchase order or reimbursement agreement with the Commonwealth of Pennsyivania(Commanweaith). The term Contractor includes. a permittee, cense, ov any agery, politcal subdivision, instrumental, public author, or ther public entity inthe Conmorwentt 4. The Contractor certifies, in wing, for isf and its subcontractors quired tobe disclosed or ‘approved by the Commonweath that as ofthe date of ks execution of tis id/Contracy, that nether {the Contractor, nor any such subcontractors, are under suspension or debarment by the Commonwedtth ‘oF any governmental entity instrumentality, or authority and if the Contractor cannot so cert, en t ‘agrees to submit, along witht Bid/Contrac, a writen explanation of why such cetfetion cant be made 2. The Contractor aso certifies, in writing, thats ofthe date ofits execution of ths Bd/Contractithas ‘Po ax abilities or other Commonwesth obligations or has fled a timely administrative or jude ‘ppealif such labiltes or obgations ext, ors subject oa duly approved deferred payment pln such ibilies ext + The Contractors oiitons pursuant o these provisions are ongome rom and after the effective {ate ofthe Contract through the termination date thereof. Accordingly, the Contactor shal have an ‘obligation toinform the Commonwealth if 3t anytime during the term ofthe Contract, becomes delinquent inthe payment of taxes, or other Commonwealth obigation, oto, to the best, knowledge ofthe Contractor, any ofits subcontractors are suspended or éebared bythe Commonwealth the federal government, or any ether state or governmental ent. Such notficaton shall be made within 15 days of the dat of suspension or debarment, 4. The failure ofthe Contractor to notify the Commonwealth of ts suspension or debarment bythe Commonwealth, any ater state, or the federal government sal constitute an event of default of te Contract with the Commonweath. 5. The Contractor agrees to ceimburse the Commonwealth for the reasonable costs of vestigation Incurred bythe Office of State Inspector General for investigations ofthe Contractor's compliance wth the tems ofthis or anyother agreement between the Contractor and the Commonwealth thet rests in the suspension or debarment ofthe contractor. Such oss shallindude, but shall not belted to salaries of investigators, including overtime; travel and lodging expenses and expert witness and ocumentary fees, The Contractor shal not be responsible for investigative costs fo investigations that {donot result inthe Contractor's suspension or deberment 6. The Contractor may search the current Ist of suspended and debarred Commonwealth contractors by visting the emarketplace website at htp//vw erarktolace state pass an clctng the Debarment ist ab xhitt tot‘The Pennsylvania Right-to-Know Law, 65 PS. §§ 67.101-3104, ‘RTKL”) applies to itis Contract. For the purpose ofthese provisions the term “the Commonweal sal refer tothe contracting CommonWealth agency. b, Ifthe Commonwealth needs the Contractor’ assistance in any matter arising out ofthe RTKL, ‘elated to this Contac, it shall notify the Contractor using the legal contact information provided in this Contract. The Contactor, at anytime, may designate a different contac for such purpose "upon reasonable prior written notice tothe Commonwealth Upon written notification from the Commonwealth thatit requires the Contractor's assitnce inesponding toa request under the RTKL fr information related to this Contract that may be {he Contractor's possession, constituting, or alleged to constitute, a public recordin accordance With the RTKL ("Requested Information”), the Contactor shal. 1. Provide the Commonweatth, within ten (10) ealender days after receipt of ‘written notification, eecess to, and copies of, any document or information inthe Contractor's possession arising out of this Contract thatthe Commonweal, reasonably believes is Requested Information and may be «public record under the RTKE; and 2, Provide such omer assistance as the Commonvtealth may reasonably request, ‘in order to comply wit the RTKL with respect to this Contract 4. Ifthe Contractor considers the Requested Information to include a request for a Trade Secret ‘or Confidential Proprietary Information, as those terms are defined by the RTKL, or other {information thatthe Contractor considers exempt from production under the RTE, the Contractor must notify the Commonwealth an provide, within seven (7) ealendar days of receiving the writen notification, «written statement signed by arepreseatatve ofthe Contctor ‘explaining why the requested material is exempt from public disclosure under the RTKL. ¢, The Commonveatth wil rly upon the writen statement from the Contactor in denying RIKL request forthe Requested Information unles the Commonwealth determines tha the ‘Requested Information is clearly not protected ftom disclosure under the RTE. Should the ‘Commonwealth determine that the Requested Information is clearly not exeanpt fom discloure, {he Contractor shall provide the Requested Information within five () business days of receipt of ‘written notification of the Commonwealth's determination. £ Ifthe Contractor fist provide the Requested Information within the time period requited by these provisions, the Contractor shall indemnify and hold the Commonwealth harmless fr say damages, penalties, costs, detriment or harm that the Commonwealth may incur as result of the Contractor's failure, including any statutory damages assessed against the Commonwealth, EXHIBITY Revised Fetrony 1, 2010 ett&. The Commonwealth wll reimburse the Contractor for any costs associated with compljing with these provisions only to the extent allowed under te fee schedule established bythe Ofice ‘of Open Records or as otherwise provided by the RTKL ifthe fee schedule is inapplicable 4, The Contractor may file a legal challenge to any Commonwealth decision to release cord {0 the public with the Office of Open Records, o inthe Pennsylvania Cours, however the Contractor shall indemnify the Commonwealth for any legal expenses incurred by the (Commonwealth asa result of such a challenge and shall hold the Commonweal hares for any damages, penalties, costs, detriment or harm thatthe Commonwealth may incur asa ret of the Contractor's failure, including any statutory damages assessed agains the Commonweath, regardless of te outcome of such legal challenge. As between the patics, the Contactor agrees to waive all rights or remedies that may be available to its a result ofthe Commonweal’: disclosure of Requested Information pursuant tothe RTKL. 4. The Contractor's duties relating to the RTKL are continuing duties tht survive the expirion ‘ofthis Contract and shall continue as long as the Contractor has Requested laformation possession EXHIBIT] Revised February 1, 2010 ES