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HomeMy WebLinkAbout2006-06-12 06-205 ORDERItem No, 06 205 Date: June 12, 2006 Item/Subject Authorizing City Manager te Execute Municipal/grate Agreement with the Maine Department of Transportation (MDOT)forthe Installation, Operations, and Maintenance of a Flashing Beacon at the Intersection of Maine Avenue and University Drive — PIN 11173.00 Responsible Department: Engineering The attached order authorizes the execution of a Municipal/State Agreement with Maine Department of Transportation (MDOT) for the installation, operations, and maintenance of a Dashing beacon at the intersection of Maine Avenue and University Drive. Federal Project No. STP -111(300)X, Project Identification Number 11173.00. Installation cost will be fully covered by Maine Department of Transportation. 9� V-) Department Head Manager's Commenrs: City Manager Associated Infanpatlon: Order and Agreement Attached. 1 Budget Approval: Dnance Director Legal Approval _ Pawns _ First Reading Page_ of _ Referral 06 A sigma ta C ilor e'Errieo lave Iz, 2006 CITY OF BANGOR (TITLE.) Order, Authorizing City Manager to Execute Municipal/state Agreement with Maine Department of Transportation (MDOT) for the Installation, Operation, and Maintenance of a Flashing Beacon at the Intersection of Maine Avenue and University Drive — PIN *11173.00 6y the Ory Cowed/ of t/re City ofBangor: ORDERED, THAT, the City Manager is hereby authorized and directed to execute a Munidpal/State Agreement with the Maine Department of Transportation for the installation, operation, and maintenance of a flashing beacon at the Intersection of Maine Avenue and University Drive. Federal Project No. STP -1117(300)X, Project Identification Number 11173.00. IA CITY MUCIL Dae • 2006 Pae n 06-205 IT2 CL' 0 R D 68 lrpagJ A..ro r�c:ro x=-== c ra a ecute Municipal/StateAgreement with Maine Department allattw Operation, and +Maiateoauce^o£'aaFlashing enrut and University Drive - PIM #11173.00 ^ ArdpedRCmxgs/r �1j/l fifiro �W/w.r" � 06 205 MUNICIPAL/STATE AGREEMENT BETWEEN THE STATE OF MAINE DEPARTMENT OF TRANSPORTATION AND TRE CITY OF BANGOR REGARDING THE MAINTENANCE OF A FLASHING BEACON AT THE INTERSECTION OF MAINE AVENUE & UNIVERSITY DRIVE UNDER FEDERAL AID PROJECT NO. STP -Al 17(300)X PROJECT IDENTIFICATION NUMBER 11173.00 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 MUNICHALITY) regarding the maintenance of a flashing beacon at the intersection of Maine Avenue & University Drive, in the City of Bangor, (hereafter project) as follows: A. The DEPARTMENT agrees to provide 100 %of the funding for the project and m pmane a contract to upgrade the existing Bushing Intense as part of the project is accordance with the plans and specifications developed for the project, to which reference is hereby made for a more particular description thereof The DEPARTMENT shall retain all ownership of the flashing beacon and all equipment appurtenant thereto and agrees to be responsible for any repair or replacement necessary to correct any manufammer's defect or faulty workmanship therein during the warranty period, unless spread otherwise by the parties hereto. B. The CITY agrees to operate and maintain the flashing beacon at this location in such a mmner as is eceaaery to preserve the use and function thereof as designed and intended by the pmjcct as follows: 1. The CITY shall repair or corem all malfunctions and dufiuencies in the flashing beacon expeditiously. Any failure M correct the flashing beacon b function as designed could, upon written rwtificatum from the DEPARTMENT, result in the DEPARTMENT mating all necessary repairs at the CITY's expense. 2. The CITY agrees to be responsible for the electrical service for the Dashing beacon and agrees to execute my necessary documentation required to establish such service and provide any local permits mosssary for the installation of such service. 3. The CITY shall preserve and maintain me visibility of the flushing beacon at all times by removing all visual impairments thereto. 4. The CITY shall make no operational changes or modifications m the Bashing beacon without the express writtm approval of the DEPARTMENT. 5. The CITY shill notify the DEPARTMENT in writing prior to any removal or replacrosmt of the Bashing beacon. 6. The CITY shall maintain all signs and striping necessary or incidental to the operation of the Bashing beacon as famished and installed under the pmject. 7. The CITY agrees to maintain the beacon with equipment technology equal to or greater then what bas been installol. C. TRAFFIC CONTROL PLAN The CITY shall implement a Traffic Central Plan in compliance with the Manual on Uviform Traffic Control Devices OTUTCD) including a provision for City employees and/or contractors entering the State's right-of-way for long-term maintenance. D. COMPLIANCE WITH APLICABLE LAWS AND STANDARDS This Agreement imposes an obligation of good faith and fav dealing on both parties in the execution, perfonvance,interyretation, and mtorcemen[ofthe Agreement. With apoaitive commitmmtroboneaty and integrity, the CITY and the DEPARTMENT agree m function within all applicable laws, statutes, regulations, MUTCD, OSHA standards, and Agreement provisions; avoid hindering each other's perfomxance; fulfill all obligations diligently, and cooperate in achievement of the intent of this Agreement. The parries hereto Wee to be bound by the tams and conditions of this Agreement and hereby execute this Agreement in duplicate effective on the day and daze signed by the Department. CITY OF BANGOR DATE: By: Edward A. Barrett Town Manager STATE OF MAINE DEPARTMENT OF TRANSPORTATION DATE: By: David B urbardt, Director Maintenance & Operations