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Home My WebLink About1989-04-24 89-185 ORDERDate April 26, 1989 Item No. 09-185 Item/Subject: bisecting City Meneger to Sign Memanendum of OMerstaMing with MOT - Ohio Street Railroad Crossing - - Responsible Department Engineering Commentary: This matte[ has been pending since late a and will provide for the reconstruction of the existing railroad using on Outer Ohio Street, including street reconstruction and new signal work. The City's share Of the project is 5%, estimated to be$7.250.00. penmer 27 Managers Comments:7.z A. _ _... ..6 .)-k '"{� Cily Mamgn Associated Information: Budget Approval: F111111 Dn" Legal Approval: Cny SUSS, or Introduced For ®Passage L�First Reading Page_ of ❑ Referral 89-185 Assigned to Couneflor England, April o 24, 1989 CITY OF BANGOR (TITLE.) &-bei, ni eecting City Manager to Sign e. Memorandum of understanding. with MOT Ohio Street Railroad Cross ........ ..... ... ..... Be the City Council of the City ofBaapar. ORDERED, TRAT the City Manager be and hereby is authorized to sign a Memorandum of Understanding with the Maine Department of Transportation, a copy of which is attached, for the reconstruction of the Bangor 6 Aroostook Railroad crossing on Ohio Street, together with .the upgrading of the efgas3ng signal. STATEMENT OF FACT: The total estimated coat of this work is $110,000.00, which includes $75,000.00 for the crossing reconstruction and $35,000.00 for the signal work. The City's share of the project is estimated to be $7,250.00, to be matched by the Bangor b Aroostook Railroad Co., with the remaining 90% to be paid for with Federal foods. 89-185 O AGER IN CITY COUNCIL April 26, 1989 Title, eeesea est [� .Dixeccine.Ci[r. Manages. [v. Slgp. a. tleewtavdum Liar CLEM of Ooderstavding with EWT - Ohio Scree[ Railroad Crossing. .... AeeipiW to ...�....�..� .. ...unci..... ^""'C � Councilman 89-185 MEMORANDUM OF UNDERSTANDING Between the STATE OF MAINE and the CITY OF BANGOR Regarding Federal Aid Project No. RRS-RRP-OOOS(127) PIN 3896.00 WHEREAS a project to update the automatic warning devices and recon- struct the railroad crossing on Ohio Street in Bangor located 0.41 mile northwesterly of Bunker Lane is included in the Railroad -High- way Grade Crossing Safety Improvement Program contingent upon 5% of the cost of all crossing reconstruction and 10% of the cost of all signal work being provided by the local community, and; WHEREAS it is necessary for the STATE OF MAINE, acting by and through its Department of Transportation, nereinafter referred to as the Department, and the CITY OF BANGOR, hereinafter. referred to as the City, to agree to a coordination and reimbursement procedure for this project, and; WHEREAS the City must indicate its commitment to this project by signing the original copy of this Memorandum in the spaces provided and returning it to the Maine Department of Transportation, Bureau of Project Development, State House Station i16, Augusta, Maine 04333, Attn: Richard A. Coleman, Chief Engineer, prior to the ad- vancement of preconstruction activities; NOW THEREFORE, on this day of , 198 , the parties agree to the coordination and reimbursement procedure for _. this project as follows: --- — — MEMORANDUM OF UNDERSTANDING RRS-RRP-OOOS(127)/PIN 3896.00 Form Ed. (RH) 8/9/88 Page 2 of 5 Pages A. DEFINITIONS 1. PROGRAMMED COST: The cost of the project as estimated during the planning phase. This amount is intended for planning purposes only since it is based upon preliminary informa- tion. The Programmed Cost of this project is $110,000, which includes $75,000 for crossing reconstruction and $35,000 for signal work. This will be updated based upon a detailed estimate once the project development process is complete prior to commencement of construction. 2. TOTAL COST: The cost to construct the project, which includ- es in addition to construction items, all engineering and right of way costs necessary to satisfactorily complete the project. 3. LOCAL SHARE: The local share of the .total cost of the pro- ject to be paid by the City is 5% of the cost of all crossing reconstruction and 10% of the cost of all signal work. 4. FEDERAL SHARE: The federal participation rate for chis pro- ject is 90%, therefore, she non-federal share for this pro- ject can be figured at the rate of 10%. B. REIMBURSEMENT 1. Prior to the advancement of the project development process, the City shall forward a signed original copy of this Memo- randum to the Department. The Department shall sign, date andreturna copy to the City. 2. Upon completion of the project development process, the De- partment shall enter into an Agreement with the Bangor and Aroostook Railroad, hereinafter referred to as the Railroad, regarding construction of the project and detailing the cast of such construction. MEMORANDUM OF UNDERSTANDING RRS-RAP-OOOS(127)/PIN 3896.00 Form Ed. (RH) 8/9/88 Page 3 of 5 Pages 3. Upon receipt of a detailed estimate from the Railroad, the Department shall notify the City of the local share due to- wards the total cost of the project. 4. The local share of the total cost of the project shall be due and payable prior to the commencement of construction. 5. Upon payment of the local share, the Department shell author- ize the Railroad to begin construction of the project. The Department shall NOT authorize the Railroad to begin con- struction of this project UNTIL the local share is paid. 6. Upon completion of construction and receipt of final quanti- ties from the Railroad, the Department shall make a final determination of the total cost of the project based upon such quantities with any corresponding adjustment in the local share being made at that time. a. if as a result of such determination the local share is found to be underpaid, the City shall pay to the.Depart- ment the total amount of such underpayment. b. If as a result of such determination the local share is found to be overpaid, the Department shall refund to the City the total amount of such overpayment. y. The City shall also be responsible for the non-federal share of any additional cost resulting from extra work or change orders requested by the City during the construction phase of CM1e project. MEMORANDUM OF UNDERSTANDING RRS-RRP-OOOS(127)/PIN 3896.00 Form Ed. (RH) 8/9/88 Page G of 5 Pages C. PROJECT TERMINATION 1. The Department and the City hereby retain the right to term- inate the project at any time prior to the authorization of construction. It is expressly understood that this project will NOT be terminated by the City subsequent to the author- ization of construction WITHOUT first obtaining the approval of the Department. a. In the event the project is terminated at the request of the City prior to the completion of construction, the City shall become responsible for the entire non-federal share of the total expenditures incurred against the project at the time of such termination. b. In the event the project is terminated by the Department, the Department shall become responsible for the entire non-federal share of the total expenditures incurred against the project ac the time of such termination. 2. The project may be terminated by mutual consent of the par- ties hereto, in which event, the City shall become respons- ible for the local share of the total expenditures incurred against the project at the time of such termination in ac- cordance with the terms set forth in Paragraph A.3 above, and the Department shall become responsible for the balance of the non-federal share of the total expenditures so incurred. MEMORANDUM OF UNDERSTANDING RRS-RRP-OOOS(127)/PIN 3896.00 Form Ed. (RM) 8/9/88 Page 5 of 5 Pages D. APPROVAL 1. This Memorandum becomes effective upon approval and signature of the partieshereto. 2. By the Department on 19 MAINE DEPARTMENT OF TRANSPORTATION Dana F. Connors, Commissioner By: Richara A. Coleman Chief Engineer 3. By the City on 19 CITY OF BANGOR By: Edward . Barrett City Manager