HomeMy WebLinkAbout2008-02-11 08-087 ORDERCOUNCILACnON
Item No, 08 087
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Item/Subjecb Order, Authoraing and Agreement with the Maine Department of
Transportation —Traffic Signal Maintenance, Stiliwater Avenue and WalMart
Responsible Department: Engineering
As part of the proposed WalMart project located near the intersection of Hogan Road and
Stilwater Avenue, the developer, at Its sole cost, will be installing a traffic signal at the
irnersechon of Stillwater Avenue and one of the WalMart access drives. As is the rase with such
offsite improvements, the signal and associated equipment will become the property of the
State of Maine and the City wilt be responsible for ds operation and maintenance. The attached
agreement between the City and the State spells out the City's obligations.
This is a standard agreement used for all traffic signal installations supported eller by a
developer as an off-site improvement or through the State as an element of any transportation
improvement projects funded by the state or federal government.
Department Mead
Managees Comments:
Recommend approval, as does Transportation and Infrastructure///'''���. �z
City Manager
Associated Information: Agreement
Budget Approval:
Fiffime
Legal APProval:
Qty Soberer
Introduced for
Passage
_
Hirst Reading Page _ oi_
Referral
M
AMgnM W councilor D'Eiiica Pebwu 11, 2008
CITY OF BANGOR
(TITLE.) ORDER, Authorizing and Agreement with the Maine Department of Transportation
—Traffic Signal Maintenance, Sbilwater Avenue and WalMart
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
the City Manager is hereby authorized W execute a municipal/state agreement with the Maine
Department of Transportation regarding maintenance of a traffic signal at the Intersection of
Stillwater Avenue and Wa1Mart.
08 087
MUNICIPAL/STATE
AGREEMENT
BETWEEN THE
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF BANGOR
REGARDING TBE
MAINTENANCE OF A
TRAFFIC SIGNAL AT THE INTERSECTION OF
STILLWATER AVENUE & WALMART
This AGREEMENT is entered into by and between the STATE OF MAINE DEPARTMENT OF
TRANSPORTATION (hereafter the DEPARTMENT) and the CITY OF BANGOR, amunicipal
corporation located in the County of Penobscot (hereafter the MUNICIPALITY) regarding the
maintenance of traffic aural at the inwase von of Stillwater Avenue & WalMM in the City of
Banger, (hereafter project) as follows:
A. The DEVELOPER agrees to provide 100 %of the funding for the project and to Procure a contract
to install the traffic signal as a part of the project in accordance with the plans and specifications
developed far the project, PIN 9815.75, to which reference is hereby made for a more particular
descriptionthereof The DEPARTMENT shall retain all ownershipofthetraffic signal and all
equipment appurtenant thereto and agrees to the responsible for any repair or replacement necessary
to correct any manufacturer's defect or faulty workmanship therein during the warranty period,
unless agreed otherwise by the parties hereto.
B. The MUNICIPALITY agrees to operate and maintain the traffic signal at this location in snob a
manner as is necessary to preserve Neuse and function thereof as designed and intended by the
project as follows:
I. The MUNICIPALITY shall repmr or coned all malfimctious and deficiencies in the traffic
signal expeditiously. Any failure to correct the traffic signal to function as designed could, upon
written notification from the DEPARTMENT, result in the DEPARTMENT making all
neceasary repairs at the MUNICIPA .M's expense.
2. The MUNICIPALITY agvesto be responsible for the electrical service for the untie signal
and agrees to execute any necessary documentation required to establish such service and
provide any local pounds necessary for the installation of such service.
3. The MUNICIPALITY shall preserve arm maintain the visibility of the traffic signal at all times
by removing all visual impamwsw thrown.
4. The MUNICIPALITY shall make no operational changes or modifications to the traffic signed
without the express written approval of the DEPARTMENT.
5. The MUNICIPALITY shall notify the DEPARTMENT in wri5ng1trior to anyremoval or
replacemera of the traffic signal.
6. TheMUNICIPALITY shall maintain all signs and striping necessary or incideotaltothe
operation of &a traffic signal as famished and installed under the project.
7. The MUNICU`ALITY agrees to maintain the signal with equipment technology aqua] to or
grunter than what has been installed.
C. TRAFFIC CONTROL PLAN
The MUNICIPALITY shall implement a Traffic Control Plan in compliance with the Manual on
Uniform Traffic Control Devices (MUTCD) including a provision for MUNICIPALITY employees
and/or contractors meaning the State's right-of-way for longterm maintenance.
D. COMPLIANCE WITH APLICABLE LAWS AND STANDARDS
This Agreement imposes an obligation of good faith and fair dealing on both panes m the execution,
performance, inWpretadm and eafom m®t ofthe Agreement Witha povtive wmmitment to bonesty
and integrity, the MUNICIPALITY and the DEPARTMENT agreeto function within all applicable
laws, statutes, regulations, MUTCD, OSHA standards, and Agrecvnent provisions; avoid hindering each
other's performance; fa1511 all obligations diligently; and cooperate in achievement of the intent of this
Agreement.
The parties hereto agree to be bound by the farms and candidates of this Agreement and hereby execute
this Agreement in duplicate effective on the day and daze signed by the Department.
DATE:
CITY OF BANGOR
By:
Edward A. Barrett
CityManager
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
DATE: By:
David Bernhardt
Directm ofMaiv[enavce&Operations
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Fehtm Il, 2008
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