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HomeMy WebLinkAbout2023-05-08 23-137 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: 23-137 MAY 8,2023 MUNICIPAL/STATE AGREEMENT BETWEEN THE STATE OF MAINE DEPARTMENT OF TRANSPORTATION AND THE �lty Of �11�Or REGARDING THE OPERATION & MAINTENANCE OF ALL TRAFFIC SIGNALS WITHIN THE CITY OF AN� 12 This AGREEMENT is made and entered into as of the first day of May 2023 (the "Effective Date")by and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION, with its principal administrative offices located at 24 Child Street, Augusta, Maine 04330 ("MaineDOT"), and the �'it� caf��r�gcar, a municipal corporation with offices located 73 Harlow St, Bangor, ME 04401 (the "Municipality"). RECITALS Whereas, Maine municipalities are responsible for maintaining all traffic signals within their respective communities. Whereas, MaineDOT published a mobility report in November 2018 (the "Mobility Report") that included the following findings: • Maine needs a new strategy, along with additional funding, to manage the existing statewide traffic signal system infrastructure effectively. • Properly working signals increase mobility, reduce congestion, save time, money, and fuel, and enhance economic opportunity. • Properly timed signals can reduce crashes by up to 30%. • MaineDOT should partner with all communities across Maine, sometimes assuming complete responsibility and other times offering a stipend, to maintain traffic signal controllers and traffic signal detection systems. Whereas,the number of qualified technicians within MaineDOT and Maine municipalities is limited, and no one entity can meet the goals of the Mobility Report. Whereas,MaineDOT seeks to implement a pilot program that will augment resources of the three largest municipalities in the State to advance the goals of the Mobility Report and develop a model for future partnerships between MaineDOT and other municipalities. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, MaineDOT and the Municipality hereby agree as follows. A. TERM. The term of this Agreement will begin on May l, 2023 and expire at the close of December 31, 2023 (the "Initial Term"). 23-137 MAY 8,2023 B. RENEWAL. After the expiration of the Initial Term, this Agreement will automatically renew for successive terms of one year each, each such term beginning on January 1 and ending at the close of December 31 ("Renewal Term"), unless either MaineDOT or the Municipality gives written notice of non-renewal of this Agreement to the other party hereto at least thirty (30) days prior to the start of the upcoming Renewal Term. All of the terms and conditions that are in effect during the Initial Term of this Agreement will remain in effect during any Renewal Term, except that the Stipend (as defined in Section C.1 of this Agreement) for a Renewal Term will be determined by MaineDOT, in consultation with the Municipality,prior to the start of the Renewal Term as provided in Section C.l hereof. C. OBLIGATIONS OF MAINEDOT 1. Stipend. Subject to the Municipality's compliance with its obligations under this Agreement to MaineDOT's satisfaction, MaineDOT will provide to the Municipality an annual stipend for the operation and maintenance of each fully functioning traffic signal within the boundaries of the Municipality (the "Stipend") listed in Appendix A attached to this Agreement and made a part hereof. During the Initial Term of this Agreement, the Stipend will be in the amount of Seven Hundred Fifty Dollars ($750.00). MaineDOT will endeavor to provide the Stipend for the Initial Term to the Municipality within thirty (30) days of the Effective Date of this Agreement. The amount of the annual Stipend for any Renewal Term ("Renewal Stipend")will be determined by MaineDOT in consultation with the Municipality at least forty-five (45) days prior to the start of such Renewal Term. MaineDOT will provide the Stipend for a Renewal Term to the Municipality by January 15�' of such Renewal Term. 2. Ownershi� of Si�nals and Associated Res�onsibilities. The traffic signals listed in Appendix A and all equipment appurtenant thereto are owned by MaineDOT. MaineDOT will continue to own such traffic signals and equipment during the term of this Agreement, including any Renewal Term. MaineDOT will be solely responsible for replacement of the traffic signals at the end of their service life at MaineDOT's sole expense. MaineDOT will endeavor to fund forty (40)traffic signal upgrades and replacements statewide annually, as outlined in the Mobility Report. In the event MaineDOT plans to enter a signal controller cabinet or make alterations to a signal system, MaineDOT will provide advance notice to the Municipality to the extent practicable, except in the event of an emergency, in which case advance notice will not be required, but in such event, MaineDOT will notify the Municipality of the emergency work within a reasonable time after completion of the work. D. OBLIGATIONS OF THE MUNICIPALITY The Municipality will operate, maintain, and repair, at its sole cost and expense, all of the traffic signals listed on Appendix A hereto, and any additional traffic signals that may be installed and added to Appendix A, in such a manner as is necessary to preserve their use and function as designed for their expected service life, as follows: 2 23-137 MAY 8,2023 1. The Municipality will repair or correct all malfunctions and deficiencies in the traffic signals expeditiously. Any failure to restore traffic signals to function as designed may, upon prior written notification from MaineDOT, result in MaineDOT making all necessary repairs and corrections at the Municipality's expense. 2. The Municipality will be responsible for the electrical service for the traffic signals and will execute any necessary documentation required to establish and maintain such service and obtain any permits necessary for the installation of such service. 3. The Municipality will preserve and maintain the visibility of the traffic signals at all times by removing all visual impairments thereto. 4. The Municipality will make routine maintenance and operational changes or modifications to the traffic signals as needed to maintain traffic signal coordination. 5. The Municipality will obtain the consent of MaineDOT in writing prior to any removal or replacement of any of the traffic signals. 6. The Municipality will maintain the traffic signals with equipment technology having functionality at least equal to that in place as of the Effective Date of this Agreement. 7. The Municipality will develop and implement an annual preventive maintenance plan for all of the traffic signals covered by this Agreement(the "Preventive Maintenance Plan"). The Preventive Maintenance Plan must include, at a minimum, cleaning cabinets, changing cabinet filters, checking wire connections, testing communications, changing batteries (if battery back-up is included), checking for and eradicating pests (rodents, snakes, bees, wasps, etc.), cleaning lenses on cameras, ensuring that detection features are properly detecting their designated zones, ensuring backplates are in place (if part of the original signal), testing pedestrian push buttons, and ensuring that signal heads/pedestrian heads are functioning. The Municipality will maintain a record of annual and any other maintenance performed on each traffic signal and provide such record promptly to MaineDOT upon request. 8. The Municipality will develop a process to ensure that parts needed for maintenance and repair of the traffic signals are on hand or can be obtained in a timely manner. 9. The Municipality will develop a Level of Service Plan for maintaining the traffic signals, as follows. Icrhlc 1�List«f Ircrffrc �S'i���crll'cr���rra�cr��cc 11�ctrics Issue Coordinated S stem Isolated intersection Detection Evaluated within 24 Evaluated within 48 hours hours Repaired within 2 Repaired within 5 da s * da s * 3 23-137 MAY 8,2023 Controller/cabinet Evaluated within 24 Evaluated within 48 hours hours Repaired within 2 Repaired within 5 da s * da s * Signal Coordination Evaluated within 24 N/A hours Repaired within 5 da s * Signal Evaluated within 24 Evaluated within 48 heads/pedestrian hours hours heads Repaired within 5 Repaired within 10 da s * da s * Pedestrian push- Evaluated within 24 Evaluated within 48 buttons hours hours Repaired within 2 Repaired within 5 da s * da s * Retiming of traffic Reviewed and Reviewed and signals adjusted every 3 adjusted every 5 ears as necessa ears as necessa * MaineDOT acknowledges that performance under the Level of Service Plan may be impacted by hardware or personnel unavailability. 10. The Municipality will prepare a communications protocol, including a timeline for implementation, for the traffic signals (central office, modem connection, local, etc.). 11. The Municipality will develop a process for retiming traffic signals within a signal system and for stand-alone signals, including a methodology for retiming the signals, frequency, and the performance measures being used(travel time, arrival on green, etc.). 12. The Municipality will develop a process to track all preventive maintenance, routine maintenance, and emergency repairs to the traffic signals. The Municipality will also prepare a yearly report of expenditures for preventive maintenance, routine maintenance, and emergency repairs (the "Expenditure Report") and will provide the Expenditure Report to the State Traffic Engineer at MaineDOT. The Expenditure Report will be prepared for each calendar year and will be due by the end of January for the previous year. Upon MaineDOT's request, the Municipality will provide supporting documentation for expenditures included in the Expenditure Report. 13. The Municipality will develop an asset management plan which will include timelines for proactive replacement of detection devices and traffic controllers and recommended timelines for full replacement of traffic signals through the MaineDOT's work plan. 14. Not later than February 28�' of each calendar year, the Municipality will certify to MaineDOT in writing that the Municipality has used the Stipend for the prior year solely for the purposes of this Agreement. If the aggregate amount of traffic signal expenditures for a year do not exceed the aggregate Stipend for that year, the Municipality will (a) 4 23-137 MAY 8,2023 return the unspent portion of the aggregate Stipend (the "Unused Stipend") to MaineDOT, or(b) set aside the Unused Stipend for use for traffic signal operation, maintenance, and repair pursuant to this Agreement during the subsequent calendar year. In the event that Unused Stipend is set aside for use during the subsequent calendar year, MaineDOT will deduct the amount of Unused Stipend from the total amount of Renewal Stipend to be provided by MaineDOT to the Municipality for that calendar year. E. TRAFFIC CONTROL PLAN. The Municipality will implement a Traffic Control Plan in compliance with the Manual on Uniform Traffic Control Devices ("MUTCD"), which will include a provision addressing employee and contractor entry onto MaineDOT's rights-of- way for long-term maintenance. F. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS. The Municipality will perform its obligations under this Agreement in accordance with all applicable laws and regulations, including but not limited to OSHA standards, the MUTCD, and the requirements of this Agreement. G. TERMINATION. 1. Termination for Convenience. MaineDOT and the Municipality will each have the right to terminate this Agreement by giving written notice of termination to the other party hereto at least thirty (30) days prior to the start of any Renewal Term. 2. Termination for Non-com�liance. In the event MaineDOT determines, in its judgment, that the Municipality is not in compliance with the provisions of this Agreement, MaineDOT will give the Municipality a reasonable period of time determined by MaineDOT to cure the non-compliance (the "Cure Period"). In the event the Municipality has not cured such non-compliance within the Cure Period, MaineDOT will have the right to terminate this Agreement immediately upon written notice to the Municipality. In addition to the right of termination provided in this Section G2, in the event any such non-compliance continues beyond any applicable Cure Period, MaineDOT will have all other remedies available at law or in equity, which remedies will be cumulative, and the use of any one remedy by MaineDOT will not preclude or waive its right to use any or all other remedies available to MaineDOT. 3. Unused Stipend. In the event of termination of this Agreement as provided under Section G.l or G.2 above, the Municipality will return to MaineDOT any Unused Stipend and will provide to MaineDOT an Expenditure Report for the year-to-date. This provision will survive any expiration or termination ofthis Agreement. H. NON-APPROPRIATIONS. Funding of the Stipend by MaineDOT under this Agreement is subject to available budgetary appropriations. If MaineDOT receives insufficient resources to fund the Stipend, if funds are de-appropriated, or if MaineDOT does not receive authority to commit or expend funds for the Stipend or such authority is revoked, MaineDOT will be released from its obligations under this Agreement, including but not limited to its funding obligations. In such event, this Agreement will terminate upon written notice given by 5 23-137 MAY 8,2023 MaineDOT to the Municipality. In the event of such termination, the Municipality will comply with the provisions of Section G.3 hereof. The provisions of this Section H will survive any expiration or termination of this Agreement. L NOTICES. All notices required or permitted under this Agreement will be in writing and will be sent to the parties by overnight United States mail or overnight commercial delivery or courier service, or by email as follows: MaineDOT MUNICIPALITY Stephen Landry Debbie Laurie State Traffic Engineer City Manager Maine Department of Transportation City of Bangor 24 Child Street 73 Harlow St. Augusta, Maine 04330 Bangor, Maine 04240 S�e�her�.L�r�drvC�c�7,�n�ir�e.�av debbie.L�urie(rc�7,��r��ar�n�ir�e.�av J. GOVERNING LAW. This Agreement will be governed by, and construed in accordance with, the laws of the State of Maine. K. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between MaineDOT and the Municipality concerning its subject matter, and no prior agreement, understanding, or representation will be binding on either party hereto except to the extent expressly included in this Agreement. L. AMENDMENTS. Each Renewal Stipend will be memorialized in writing, signed by the parties hereto, and attached to this Agreement and will automatically become a part hereof. Any other amendment to this Agreement, including any amendment to Appendix A hereto, must be in writing and signed by the parties hereto. M. AUTHORITY OF THE MUNICIPALITY. The Municipality represents that it is fully authorized, and has obtained all necessary approvals,to enter into this Agreement on the terms and conditions set forth herein. N. COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. Each party agrees that this Agreement and any related documents to be executed in connection with this Agreement may be electronically signed and that any electronic signatures appearing on this Agreement and any associated documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. [Remainder of page intentionally left blank—Signature page followsJ 6 23-137 MAY 8,2023 IN WITNESS WHEREOF, MaineDOT and the Municipality have executed this Agreement by their respective duly authorized representatives. CITY OF BANGOR DATE: By*: Debbie Laurie City Manager, City of Bangor *I cert�that the signature above is true and accurate. I further cert�that the signature, if electronic: (a) is intended to have the sa�ne force as a�nanual signature; (b) is unique to�nyse f (c) is capable of verification; and(d) is under�ny sole cont�^ol. STATE OF MAINE DEPARTMENT OF TRANSPORTATION DATE: By**: Kyle Hall Director, Bureau of Maintenance and Operations **I cert�that the signature above is t�^ue and accurate. I further cert�that the signature, if electronic: (a) is intended to have the sa�ne force as a�nanual signature; (b) is unique to�nyse f (c) is capable of verification; and(d) is under�ny sole cont�^ol. 7 23-137 MAY 8,2023 Appendix A The City of Bangor currently maintains the 70 traffic signals shown in the Table 2 below. MaineDOT agrees to pay a stipend of$750 per intersection for a total of$52,500 for Calendar year 2023. 7'abl�2 �Li,s��f�3aa���1�Ia���l�,s�c�i�a�,s Asset ID Town Rt Intersection 260307 Bangor Int of STILLWATER AV I-95 ON RAMP I-95 OFF RAMP 260317 Bangor Int of GRIFFIN RD KENDUSKEAG AV 260327 Bangor 0015X Int of BROADWAY BURLEIGH RD GRIFFIN RD 262870 Bangor Int of HOGAN RD STILLWATER AV 780949 Bangor Int of ESSEX ST STILLWATER AV 780951 Bangor 0001A Int of CEDAR ST, MAIN ST 780953 Bangor 0015X Int of BANK ENTRANCE Z RD, BROADWAY, HUSSON AV 780955 Bangor 0222X Int of FOURTEENTH ST UNION ST 780957 Bangor Int of FOURTEENTH ST OHIO ST 780959 Bangor Int of MAIN ST UNION ST 780963 Bangor 0015B Int of HANCOCK ST OAK ST 780965 Bangor Int of HASKELL RD HOGAN RD SYLVAN RD 780967 Bangor 0222X Int of RAMP OFF TO UNION ST, EX 47, UNION ST 780969 Bangor Int of GRIFFIN RD OHIO ST 780971 Bangor Int of BANGORMALL BLVD ENT TO TOYS R US 780973 Bangor Int of ENT TO HANNAFORD PENN PLAZA STILLWATER AV 780975 Bangor 0001A Int of MAIN ST PATTEN ST 780977 Bangor Int of BANGOR MALL BLVD HOGAN RD SPRINGER DR 780979 Bangor End of BANGORMALL BLVD 780981 Bangor 0015X Int of BROADWAY, I-95 OFF RAMP, I-95 ON RAMP 780983 Bangor 0002X Int of HAMMOND ST MAINE AV ODLIN RD 780985 Bangor Int of HOWARD ST, STILLWATER AV 780987 Bangor Int of HANCOCK ST NEWBURY ST 780989 Bangor Int of EXCHANGE ST WASHINGTON ST 780991 Bangor 0015B Int of BROADWAY CUMBERLAND ST 780993 Bangor 0015X Int of BROADWAY GRANDVIEW AV 780995 Bangor 0002X Int of FOURTH ST HAMMOND ST UNION ST 780997 Bangor 0002X Int of CENTRAL ST HAMMOND ST MAIN ST 780999 Bangor 0222X Int of I-95 RAMP SUNSET LN UNION ST Int of I 395 EB, I 395 WB, INDUSTRIAL SPUR, ODLIN RD, 781001 Bangor 0395X HAMMOND S 781003 Bangor Int of HOGAN RD I-95 NB ON RAMP I-95 NB OFF RAMP 8 23-137 MAY 8,2023 781005 Bangor 0222X Int of UNION ST VERMONT AV 781007 Bangor 0222X Int of GRIFFIN RD, UNION ST 781009 Bangor 0001A Int of BASS PARK BLVD DUTTON ST MAIN ST 781011 Bangor 0001A Int of BUCK ST MAIN ST 781013 Bangor 0001A Int of MAIN ST RAILROAD ST 781015 Bangor 0015X Int of BROADWAY, SCHOOL ST 781017 Bangor 0002X Int of BOYD ST FOREST AV STATE ST 781019 Bangor 0002X Int of ENTTO EMMC, STATE ST, WING PARK Z RD 781021 Bangor 0015X Int of BROADWAY CENTER ST I-95 NB RAMP 781023 Bangor 0222X Int of GODFREY BLVD UNION ST 781027 Bangor 0015B Int of OAK ST PENOB RIVER BR WASHINGTON ST 781029 Bangor Int of HOGAN RD, LONGVIEW DR 781031 Bangor Int of HOGAN RD I-95 SB RAMP 781033 Bangor D279K Int of HOGAN RD, STATE ST 781035 Bangor Int of BANGOR MALL BLVD, STILLWATER AV 781037 Bangor 0002X Int of STATE ST, CASCADE PK RD 781039 Bangor 0015X Int of BROADWAY, FALVEY ST 781041 Bangor Int of ENT TO EMMC HANCOCK ST 781043 Bangor 0015X Int of BROADWAY, ENT BROADWY MALL, MCDONALDS Z RD 781045 Bangor 0001A Int of I-395 WB RAMP MAIN ST 781047 Bangor 0002W Int of CENTER ST CENTRAL ST HARLOW ST 781049 Bangor Int of HOGAN RD MOUNT HOPE AV 781051 Bangor Int of BROAD ST WASHINGTON ST INDEPENDENT ST 781053 Bangor 0002X Int of BROADWAY, STATE ST 781055 Bangor 0015B Int of BROADWAY STILLWATER AV 781057 Bangor 0002X Int of CLINTON ST HAMMOND ST HIGH ST OHIO ST 781059 Bangor 0002X Int of EXCHANGE ST HARLOW ST STATE ST 781061 Bangor 0002X Int of HANCOCK ST OTIS ST STATE ST 781065 Bangor Int of ENT MALL ENTTHE AVENUE STILLWATER AV 781067 Bangor 0222X Int of ENTTO BURGER KING, UNION ST 781483 Bangor Int of CENTER ST CUMBERLAND ST 781659 Bangor Int of ENT TO EMCC HOGAN RD QUIRK AUTO 781663 Bangor 0222X Int of ENT TO EMHC, CITGO, UNION ST 781679 Bangor Int of ENT TO HOME DEPOT STILLWATER AV 782179 Bangor Int of HARLOW CT CUMBERLAND ST 782183 Bangor Int of MAIN ST WATER ST 783907 Bangor Int of STILLWATER AV ENTTO WALMART 783909 Bangor Int of DREW LN STILLWATER AV 891910 Bangor Int of MAIN ST W MARKET SQ 9 IN CITY COUNCIL MAY 8, 2023 CO 23-137 Passed �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK