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Home My WebLink About1996-02-26 96-124 ORDER6 tuail . 6aal Date: 02-26-1996 Itw No.: 96-124 IteWSabject. AUWprtvjngtiry Mmegm totzecuLLAgrerIDmtJwitE the MDOT regaNwgl}aBic Improvement Project -Stare Street, Foren Avenue, and Boyd Street MaCT Pia 6683.005TP - 66aS(00) Responsible Department. Engineering Commentary: MDOT is developing a project to replace the pasting antiquated traffic signal at the imersation of Rate Street, Forest Avenue, amul Boyd Socet with a one 1mtHc actuated system. This improvement was mlumred and approved through the RAM Process. The anaebed Order auWopus rbe Cary Monster m m ecuk a reume Municipal State Agreement with MDOT necessary for rhe t nneor to proceed. The City's =baro of project vests is 15%cumenly embedded m be $3,150. Funds are available ma the Capital Budget for the local share. A copy of the Agremm[ u arrochod. e,n Hend Managers Consonants: n /l M Associated Iefmrne pon: Q Budget Approval: FiwmreD qm Legal Approval: • 'ry.Sollow Inmuced For: (bra passage First Reading ❑referral Pago of 96-124 llssipsedto Co as Baldaccf February 26, 1996 CITY OF BANGOR (TITLE.) i 96-126 'IP CITY COUNCIL. -February 26, 1996 0 R 0 6 R Passed :-Title) A tharl d g City Fanager to Execute CITY CLERR Agreement lob MOOT regardintitTraffic f -"I p C P[aI [ state Street, Forest Avenuq dnd Boyd sCCeeC IYIO'f Fin 6682.00 - 6682(00) .........................�.. �.�.�.././'//... to Councilman 96-124 MEMORANDUM OF UNDERSTANDING REGARDING DEVELOPMENT, CONSTRUCTION St COST SHARING OF MGHWAY It IN BANGOR PPI 6682.001FEDERAL AID PROJECT NO. STP -6682(00) This Memorandum of Understanding is entered into on this day of 199 to establish certain development, construction and cost sharing procedures between the State of Maim Department of Transportation (hereafter Department) and the City of Bangor (hereafter City) regarding a project to install a traffic actuated signal controller at the intersection of State Street, Forest Avenue and Boyd Street in Bangor which bas been included in the Department's Transportation Improvement Program contingent upon fifteen (15%) percent of fire estimated foal project cost being provided by the local community. 1. PROJECT DEVELOPMENT A. Prior in the advancement of be project development process, the City shall remrn two signed original copies of this Memorandum to the Department. The Department shall sign and date the Memorandums and ream one original copy to the City. E 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 contract to construct the project. C. Upon award of a contract to construct Ne project, the City shall pay to the Department the local share of the estimated foal project cost as hereinafter described udder Article It, Paragraph A.1. D. Upon completion of the project development process, a Municipal/State Agreement may be required between the parties hereto covering additional terms and conditions prior to advancing this project m Ne construction phase. 96-124 PIN 6682.00 Form Ed. 12/14/95 Page 2 of 4 Pages D. COST SHARING A. -DEFINITIONS 1. LOCAL SHARE: The local stare shall be fifteen (15%) percent of the estimated total project cost paid as a lump sum payment based upon an estimate prepared upon completion of the project development process just prior to or at the time of advertising for bids on construct the project, or following the acceptance of ds lowest of such bids, whichever is less. 2. FEDERAL AND NON-FEDERAL SHARES: The current federal share of the project cost is eighty add twenty-eight hundredths (80.28%) percent of all eligible costs, therefore, the non-federal share is the remaining share of We total project cost after deducting the federal share of such cost. 3. TOTAL PROJECT COST: The total project war shall include all of the engineering, right of way and construction costs necessary to develop and construct the project. B. Upon completion of the project development process just prior to or at the time of advertising for bids he 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 contract to construct she 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 hump sum 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 the local share as hereinbefore provided, except for airy additional cost which may hereafter result from any approved changes or additional work specifically rerryested by the City, in which event, the local share shall also include all of such additional cost, including all engineering and administrative costs associeuM therewith. AM, if in the event that approval is obtained for federal participation in such cost, the low[ share may he reduced on the non-frderal share of such cost. 96-124 PIN 6682.00 Form Ed. 12/14/95 Page 3 of 4 Pages II. TERMINATION A. Either of the parties hereto may terminate the project for any reason at any time prior to the acquisition of right of way. R. The project shall not be tetmirsded without the approval of the Deparmreat following acquisition of right of way prior to the award of a contract to construct the project. C. The project shall not be untalented at the discretion of either party following the award of a Contract to construct lbe project. D. In the event that the project is terminated prior to the award of a contract to construct the project, the cost sharing and rennbursemenl procedures shall be as follows: 1. If the project is terminated 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 until the tint of such termination. The City shall reimburse the Department for its share of such cost upon receipt of an invoice following such termination. 2. If the project is terminated by the EepaNnent, the Departrrerrc shall be responsible for all of the non-federal share of the cost to develop the project. No local (ands shall be required towards any portion of such cost. 3. If the project is uncounted by mutual consent of the parties hereto, the City shall be responsible for fifteen (15%) percent of de cost incurred by the Depsrro ent to develop the project up until the time of such recantation and the Departraem 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 war upon receipt of an invoice following such termination. 96-124 PIN 6682.00 Font Fd. 12/14/95 Page 4 of 4 Pages W. APPROVAL This Memorandum has been approved and signed in duplicate by the patties below and becomes effective on the day and date first above written. MAINE DBPARTMENT OF TRANSPORTATION By: Theodore H. Karasopoulos Chief Engineer CITY OF BANGOR By Edward A. Buiett City Manager