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Home My WebLink About1996-08-26 96-352 ORDERCOUNCIL ACTION Item No. 96-352 Date Aucuat 26. 1996 item/Subject: Authorizing and Directing the City Manager to Execute an Agreement with NTNEE -- Utility Poles Responsible Department: Legal The attached Council Order authorizes and directs the City Manager to enter into an agreement with MFMEx for the acquisition of utility poles. It will be at no coat to the City. City Departments use the poles for such things as landscaping and gates. The Municipal Operations Committee has recommended approval. l e par oppt ad aq . Gk� Manager's Comments: _ �r/af �zo66 Akniapr/��i�vu�z'/Irr/mj. City Manager Associated Informations Order, Agieement Budget Approval: Finance Director Legal Approval: Citey E ilr for Introduced For CONSENT AGENDA X Passage First Reading Referral Page 1 of 3 96-352 A.ip�edW CouncYor Woodcock - August 26, 1996 CITY OF BANGOR (TITLE.) MTi¢r, Auth d,rlz. ing the City Manages to Mx 1. a I onto an Agre11 ®nant with VMREX -- Utility Poles By Me City Carmel! of Me Cgly ofBarpnr. THAT the City Manager is hereby authorized and directed to execute an Agreement withNTN6N for the acquisition of utility poles. A copy of the agreement is attached to this order and is incorporated herein by reference. IN CITY COUNCIL August 26, 1996 Passed IL cx cuERx 96-352 ORDER Title, Authorizing the City Manager to Execute an Agreement with MYNBA Utility. Poiea ........ Migud to ...... n ..................... Councilme POLE TRANSFER AGREEMENT The NYNEX Telecommunications Group (hereinafter °NYMEX") has agreed to transfer 100out of service utility poles to the City of Bangor (hereinafter "Transferee'), a governmental organization. The parties agree that the poles have no known market value. Transferee has requested that NYNEX transfer the utility poles, and by Signing this document accepts full transfer of title and ownership, and agrees to each of the following conditions to the transfer, - 1. Transferee acknowledges that it is a governmental organization and will not in any way transfer ownership or use of the Poles to any non-governmental party. 2. Transferee is not accepting the poles as a waste product and understands that it must use the poles benefically. 3. Transferee hereby acknowledges. that any transferred utility poles may have been chemically treated with one or more wood preservatives during manufacture, installation, and service in the ground (i.s., on-line treatment) by NYNEX, other utility companies, and/or their contractors. The preservatives used may include pentachlorophenol, creosote and chromated Copper arsenate. Stamped lettering at the base end of the pole may or may not accurately indicate which preservative(s) has been applied to that pole. Complete information regarding the composition of these three preservatives can be found in the attached Material Safety Data Sheets, which also serve as the preservatives' warning labels. 4. Transferee accepts full responsibility for the use and proper disposal of any treated poles transferred to them by MYNEX. Transferee accepts the poles knowing that NYNEX makes no representation regarding, and has not inspected the pulse for structural integrity. Transferee accepts any and all risks inherent with any breakage or splintering of the poles, and any exposure to wood preservatives contained in the poles. The Transferee hereby accepts any utility poles •'AS IS" and at its own risk. Transferee agrees to indemnify and hold NYNEX Corporation and its affiliate and subsidiary companies harmless from any and all liability in connection with the transfer and all subsequent use of any utility poles, including but not limited to claims arising out of the use or disposal of the poles. NYNEX DISCLAIMS ALL WARRANTIES FOR THE UTILITY POLES WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THAT THE UTILITY POLES ARE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. I have reviewed this agreement in full and certify that I am authorized to sign it and bind Transferee to the terms of the agreement. I hereby agree to all terms on behalf of Transferee. Date: August , 1996 iK11h.N (yApldo71/Y� Edward A. Barrett City Manager City of Bangor 73 Barlow Street Bangor, ME 04401 96-352 POLE TRANSFER AGREEMENT The NYNEX Telecommuniations Group(herelnaf[et NR JEX") has a greed to transfer out Of service utility poles to (hereinafter "Transferee"), a go caricatured organization. The ponies agree that the poles have no known market value. Transferee has requested abet NYNEX transfer the utility poles, and by signing this document accepts full transfer of title and ownership, and agrees m each of the following conditions to Ne manages 1. Transferee acknowledges that it is a governmental organization and will not in any way transfer ownership or use of Me poles to any non-governmental pantry. , 2. Tansfrme: is not accepting the poles az a waste product and understands that it must use the poles beneficially. 3. Transferee hereby acknowledges that anytmtrsf d utility poles may have been chemically treated with one Or more wood preservatives during manufacture, translation, and service in the ground (i.e., on-line treaonent) by NYNEX, other utility companies, and/or their comments. The pausrvidives used may include penachlorophcnol, creosote and camomated copper arsenme. Stumped Imitating at the base end of the pole may or may not werma[ely indicate which presurvative(s) has been applied as that pole. Complete a fotmmion regarding the composition of these three preservatives can he found in the attached Material Safety Data Sheets, which also serve as the preservative{ waming labels. J. Transferee eccepa Poll responsibility for Neuse end proper disposal pfany treated poles nansfered to them by NYNEX. Transferee accepts the poles knowing that NYNEX makes no representation regarding, and has not Repeated Ne poles for structural integrity. Tragi accepts any and all risks inherent with any breakage or splintering of Me poles, and any exposate in wood preservatives contained in Ne poles. The Transferee hereby mcepa any utility poles -AS IS" and at its own risk. Transitions agrees to indemnify and hold NTNEX Corpomion and its affiliaa had subsidiary companies harmless tram any and all liability in connection with the transfer aM all suhasFel [ use Of my utility poles, including but not limited to claims using out ofthe use mdispoul ofthe poles. bFYNEXDISCLAIMSALLWARRANTIESFORT UTILITY POLES Wf1E1'f(ER EXPRESS OR IMPLUED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THAT UULITY POLES ARE MERCHANTABLE OR Fff FOR ANY PARTfCULAR PURPOSE. 1 have reviewed this agreement in fall and cettify that I am authorized to sign it and bind Transferee to the ceras of Ne agreunen[. Iherebyagreetoailannswn alfdTmnsteree. - (5ignamn ortnneferces hard (grand name and title of Tma¢my agent) (DYe ofaignalwe) , (Transhmms Mess) Avouchment: Material Safety Dau Stairs