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Home My WebLink About1996-02-26 96-122 ORDERCOUNCIL ACTION Date. 02-26-1996 Item No.: 96-122 Item/Subject Authorizing City Manager to Execute Agreement with the MDOT regarding Highway Improvement Project -Hagen Road - MDOT Pin 6691.00rIiW- 6691(00) Responsible Department Engineering Ccmmondmy: MDOT is developing a project W resurface the portion of Hogan Road between I-90 and Stillwater Avenue. This project was requested and approved through the BACTS process and is included in the 1996/1009 MOOT Transportation Improvement Program. The attached order authorizes the City Macedon W execute a routine Municipal/State Agreement with MDOT neocsaws, for the project to proceed. The City's shore of project costs is 150/, currently cabstand to be $30,750. Fonds are available in the Capital Budget for tlse local share. A copy of the Agreement is attached. - lxwrr�IXeaA ryU Manager's Comments: U. arva�race. Associated hsforsrmtioso^Itilm Budget Approval: ® §W1-gIW70 93 0K 63 - �- Framra>H�or Legal Approval: i9 rysdrnro. Ino -o uce!For: U1°�'w Passage ba� Fast Reading ❑ Referral Page of 96-122 Msiped to Cases sitar Tyler February 26, 1996 CITY OF BANGOR (TITLE.) (&bVr AathorlaintnHouManeprro Esecate At angntwhh the MOT reprdinglUgh" t imebbo®enl Trt-Items oea-MOT We a671.oU1san -[w) Ey the Oft Cotrotl of as But of 8m . ORDERED, TEAT the City Maruger is hereby authorized and directed to ezaute a Municipal/Stene Agree tent with the Maine Department of Transportation relative t0 construction of highway improvements on Hogan Road belwau I-95 and SuIlwater Avenue to be undertaken by MDOT -Pin 6671 WSTP - 6671(00). A copy of the Agrwmmt is attached. INIC;TY COUNC X 96962222 February 26,.1996 Passed D R D £ R - TitSe, A tM1 ri 1 g City Manager to Psecute CITY CLPRK Agreement with the MOT regarding HigM1vay, Improvement Project IbBan R0a4.-. [qT Pin 66]1.00/STP - 6fiA(00) Awi n g wd to ....../l .. ...i. R /(� Councilman 96-122 MEMORANDUM OF UNDERSTANDING REGARDING DEVELOPMENT, CONSTRUMON & COST SHARING OF HIGHWAY IMPROVEMENTS IN BANGOR PIN 601.01TEDERAL AID PROJECT NO. STP -6671(00) This Memorandum of Understanding is entered into on this day of 199 to establish certain development, concoction and cost sharing procedures between the State of Maine Department of Transportation (hereafter Department) and the City of Bangor (hereafter City) regarding a project to resurface a portion of Hogan Road in Bangor, beginning at the 1-95 overpass and extending northerly 0.55 mile to its intersection with Stillwater Avenue, which has been included in Ne Department's Transportation Improvement Progmry contingent upon fifteen (15%) percent of the estimated total project war being Provided by the local community. A. Prior in the advancemim: of the project development process, @e City shall return two signed original copies of this Memorandum to the Department. The Department shall sign and date the Memorandums and return one original copy to the City. H. The Department shall develop the project, including all necessary engineering and right of way activities. Upon completion of Ne project development Process, the Department shall advertise, award and administer a cotmact to construct the project. C. Upon award of a contract to construct the project, the City shall pay to the Department the local share of the estimated total project cost as hereinafter described under Article 11, Paragraph A.1. D. Upon completion of do project development process, a Municipal/State Agreement may be required between dK parties harem covering additional terms and conditions prior to advancing this project in the concoction phase. 96-122 PIN 66]IA0 Form Ed. 12/14/95 Page 2 of 4 Pages Il. COST SHARING A. DEFINITIONS 1. LOCAL SHARE: The local share shall be fifteen (15%) percent of the estimated rota) project cost paid as a lump sum payment based upon an estimate prepared upon completion of the project development process just prior in or at the time of advertising for bids ro construct the project, or following the acceptance of the lowest of such bids, whichever is less. 2. FEDERAL AND NON-FEDERAL SHARES: The current federal share of the project cost is eighty and twentycight hundredths (80.28%) percent of all eligible costs, therefore, the mon-federal share is the remaining share of the natal project cost after deducting the federal share of such cost. 3. TOTAL PROJECT COST: The total project cost shall include all of the engineering, right of way and construction costs necessary to develop and construct dw project. B. Upon completion of the project development process just prior to or at the time of advertising for bids to construct the project, the Department shall notify the City of the estimated total project cost which shall establish the upper limit of the local share. C. Upon award of a coward to construct the project, the Department shall notify the City of the estimated total project cost based upon the lowest acceptable bid and the actual local share which as a lump smu payment shall be due and payable upon such notification based upon the lesser of the two estimates as hereinbefore defined under Paragraph A.1 above. D. The total financial obligation of the City towards this project shall be completed upon payment of she local some as hereinbefore provided, except for any additional cost which may hereafter result from any approved changes or additional wort specifically requested by the City, m which event, Ne local share shall also include all of such additional cost, including all engineering and administrative coats associated therewith. And, if in the event Rat approval is obtained for federal participation N such cost, the trial share may be reduced m the non-federal share of such cost. 96-122 PIN 6671.00 Form Fd. 12/14/95 Page 3 of 4 Pages III. TEBMINATION A. Either of the parties hereto may terminate the project for. any, reason at any, time prior to the acquisition of right of way. B. The project shall not he terminated widrmnt the approval of the Department following acquisition of right of way prior to the award of a cor tact to construct the project. C. The project shall not be terminated at the discretion of either party following the award of a contract to construct the project. D. In the event that the project is terminated prior to the award of a contract to construct the project, the cost sharing" reimbursement procedures shall be as follows: 1. If the project is temdva[M at the request of the City, the City shall be responsible for all of the non-federal share of the cost incurred by the Department to develop the project up unfit the than of such termination. The City shall reimburse the Depamvev[ for its share of such cost upon receipt of an invoice following such termination. 2. If the project is terndnated by the Department, the Department shall be responsible for all of the vov-federal share of the cost to develop the project. No local funds shall be required towards any porion of such cost 3. If the project is tencrinated by mutual consent of the parties hereto, the City shall be responsible for fifteen (15%) percent of the cost incurred by the Depmvnent to develop the project up until the than of such - termination and the Department shall be responsible for the remaining balance of the non-federal share of such cost. The City shall reimburse the Department for its share of such cost upon receipt of an invoice following such termination. 96-122 PIN 6671.0 Form Ed. 12/14/95 Page 4 of 4 Pages W. APPROVAL Tbis Memorandum has been approved and signed in duplicate by the parties below and becomes effective on dine day and date fust above written. MAINE DEPA DENT OF TRANSPORTATION By: Theodoreopouloe Chief 6ngiineer reer CITY OF BANGOR By: Edward A. Barrett City Manager