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.
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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.
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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