HomeMy WebLinkAbout1989-04-24 89-186 ORDERCouncil Anion
Date April 24, 1989 Item. No, 89-186
Item/Subject: Authorizing City Manager to Sign Masoiandum of Understanding with
Mlox - Rogan Road widening _ -
Responsible Department: Engineering _
Commentary: -
,ibis =free Was been pending since late last sooner.
and would provide for
theoverlay and widening to four lanes, includinga closed drainage system'
n the northerly side. MOS feels that the existing pavement is starting
to show signs of stress. andneedsto be strengthened, and they anticipate
that the existing two-lane capacity of the roadway will be exceeded within
the next five years. '
Manages Comments:�.II11 /, ail .l 6
Agcoud
_ nia izur-
-(pwrvx0. Ciy AlzmBn
Asmciated Information: 0,46, 1 sessimmm-Plard"as. U Xtry ww
Budget Approval:
n Di.e
. legal Approval:
City sofioror
Introduced For _ 1z Passage
❑ First Reading page _ of
❑Referral -
uPdL11 `1V11
Dam WApril 24, 1989 Mem No. 89-186
Item/Subject: Authorizing City Manager to Sign Memorandum of Understanding with
MOT - Rogan goad Widening
Responsible Department: Engineering
Commentary:
This matter hes been pending since late last a and would provide for
the overlay and widening to Todr'ilene9,Sin lndira a�:cloeed;:deahnage'system
n the northerly aide. MOT feels that the existing pavement is starting
to showsignsof stress, and needs to be strengthened, and they anticipate
that the existing two-lane capacity of the roadway x111 be exceeded x
the next five years.
IXpanme.t Xee
Managerc Comments:6
i
4mari u-wxQ os x�_a (.o"
qtf
.w d.AbAm JStz
City Mwge
Associated information: p.eas.l
Budget Approval
u Dbe
Legal Approval:
Csy Solicitor
Introduced For
®Passage
❑ First Reading Page _ of
❑Referral
89-186
Awigned to CowcRor England, April 24, 1989
CITY OF BANGOR
(TRIEJ VFIrberr _Authorizing City, manager to siv. memorandum of Understanding_ With
MOT - Hogan Mad widening
............ ................ ........... _. ........ ...........
Mn the aty Gmuu of Oe Cifr ofBcapar:
ORDERED,
TUT the City. Manager be and hereby is authorized to sign a Memorandum
of Understanding with the Heine Department of Transportation, a copy of which
is attached, covering the proposed widening of Mogan Road between Mount Mope
Avenue and Interstate Highway I-95.
STATENENT OF FACT, — - ----
The total estimated project cost is approdimately $150,000.00, and the
City's share would be 20%. Seventy-five percent of the cost would be paid for
by the Federal Goverment and the remaining 5% would be paid for by the State.
IN CITY COUNCIL
April 24, 1989
Tabled until next meeting.-
Coyo¢or Sawyer abstaining.
CI
E J�
89-186
ORDER
Title,
Aughorlying City, Ma;get Co SS,gu Memorandum
of Understanding with PDIOT - Hogan Bead Widening
......................................
L
Assigned to
................�-.. ........
MEMORANDUM OF UNDERSTANDING
M-1490(7)/PIN 3266.00
Form Ed. 8/2/88:
Page 2 of 5 Pages
A. DEFINITIONS
1. PROGRAMMED COST: The estimated cost of the project as de-
veloped during the planning phase. This amount is intended
for planning purposes. only since it is based upon prelimin-,
sty information. The programmed. cost for this project is
$925,000. This cost figure will be amended and updated
based upon a detailed engineer's estimate once the project
development process,is complete prior to advertising for
bids.
2.— TOTAL ESTIMATED COST: The updated and more detailed estima-
tion of cost as determined at the completion of the project
development process prior to advertising for bids. This
cost figure is based upon the detailed engineer's estimate
and includes in addition to construction items, all en-
gineering and right of way costs necessary to satisfactorily _
complete the project. It sball become thebasisfor deter-
mining the local share of the project coat. _
3. LOCAL SHARE: Thatportion of the project cost to be paid by
the City based upon 20% of the total estimated cost of the
project as: determined prior to advertising OR immediately
fallowing contract award, whichever is LESS:
4. NON-FEDERAL SHARE: The federal participation tate for this
'project is 75.36% of the total project cost, therefore, the
non-federal share foxthisproject can be, figuredat the
rate of 24.64%. - ..
MEMORANDUM OF UNDERSTANDING
M-1490(7)/P1N 3266.00
Form Ed., 8/2/88
Page 3 of 5 Pages -
B. REIMBURSEMENT - -
1. Prior to the advancement of the project development process,
the City shall forward a signed original copy ofthis Memo-
randum to the Department. The Department shall sign and
date the Memorandum and return a copy to the City.
2. Upon completion of the project development process and prior
to advertising for bids,. the Department shall advise the
City of the total estimated cost of the project as
determin-ed in accordance with Paragraph A.2 above, which shall be
.the basisfor determining the local share. These figures
may: be modified later if.the bid prices as a result of con-
tract
-
tract award are LESS than estimated priorthereto, in which:'
event, the LOWER of the two cost figures shall be used to
determine the local share. - -
3. The total financial obligation of the City towardsthis
project Shall be completed upon payment of the local share
as bereinbefore-provided, except for any additional Cost
resulting from changes or extra work requested- by the City
and agreed to by the Department during the construction
phase, in which event, the City shall be expected to pay all -
of the non-federal share of such cost.
C. PROJECT DEVELOPMENT -
ll Duri4ig the public participation process, the Department
shall arrange for a meeting with the City to review the
details of the project. Additional reviews may be requested
by either party at any point during the project development
process. -- -
MEMORANDUM OF UNDERSTANDING
M-1490(7)/PIN 3$66.00
Form Ed'.. 8/2/88
Page 4 of 5 Pages
2, Upon completion of the project development process, a
Agreement .may be prepared by the Department and forwarded to
the City 'setting forth the local share of the project cost
in accordance with Paragraph 8.2 above and setting forth any
additional terms and conditions required prior to advancing
this project to the construction phase. A letter may be.
substituted in the event that no such agreement is required.
3. The Department and the City hereby retain the right to term-
inate the project at any time prior to the acquisition of
.right of way. It. is expressly understood. that this project
will NOT be terminated by the City subsequent to the acqui-
sition of right of way WITHOUT first obtaining the approval
of the Department.
s. In the eventtheproject is terminated at the request of
the City prior to the completion of construction, the
City shall become fully responsible for the entire non-
federal share of the total expenditures incurred against
the project at the time of termination.
b. In the event the project is terminatedby the Depart-
' - ent, the Department shall become fully responsible for
the entire non-federal share of the total expenditures
incurred against the .project at the. time of termination.
c._ In the event the project is terminated by mutual consent
of .the parties, the City shall become responsible for
20% of the total expenditures incurred against the pro-
ject at the time of termination consistent withthe
local share sec forth in Paragraph A.3 above, and the
Department shall become responsible for the balance of
the non-federal share of the expenditures so incurred.
MEMORANDUM OF UNDERSTANDING
M-1490(7)/YIN 3266.00
Form Ed. 8/2/88 -
Page 5 0£ 5 Pages
D. APPROVAL -
1. This Memorandum becomes effective upon approval and signa-
ture of the parties hereto.
2. By the Department on 19_ -
MAINE DEPARTMENT OF TRANSPORTATION
Dana F. Connors, Commissioner
By
Ru at A.Th TTCo eman—
Chief,Engineer
3. By the City on 19 -
CITY OF BANGOR
By:
E w rA. Ba[[ert
City Manager
Mr. John T. Crawley
City Bngineer
Bangor, MR 04401
MAN 61989
WX MANAGER'S OFFICE
May 12, 1989..
Dear Mr. Frawley:
I am in receipt of your letter of May 11, 1989 regarding the
proposed construction of four lames; on the Hagan Road with a "box section" drainage
system as remmanded by local businesses and as installed on such "OdaMercial
active" streets as Broadway, Union Street, and Main Street, etc.
The suggestion of assessing the local businesses for the "box section'
drainage systar mast have been conceived in "Fairyland". while I realize there
is an extra cost for the closed design such a system has been constructed on
other streets in the city, the cast of which have been borne by the overall
assenammait process rather than by individual business that happen to abut the
roadway in question.
As the owner of a business ou the Hogan Road, I will reaffirm the need
for en expanded roadway as envisioned,
visioned, due to the excessive traffic lover 12,800
vehicles Per day). The .box sectim" drainage system proposal, on the other
hand, sealed logical, both from a long term functional staTHIPoint as well as
Iran the stendpoint of aesthetics. After all, the Hogan Road businesses incur
one, of the heaviest local tax burdens, therefore should not he treated any differently
from businesses throughout the city.
Ramenber, in July 1985 the Hogan Road businesses bad petitioned D.O.T.
to proceed with the expeosion as proposed. Several noatings were held and we
had assurence fron D.O.T. of their suR rt only to find out "after the fact"
that the City of Bangor refused to fund its local share of the required funds,
(See attached).
In May 1988, after notification by D.O.T. of its suzvey status, we again
petitioned D.O.T for the pr Cosal as origiwlly envisioned and as outlined during
the meetings in 1985, (see attached).
He therefore urge the City of Bangor to do the right thing by funding its
share from appropriations established for such purposes.
S.� r
President
Copies: City Manager
City Council
Bangor. the center of Maine -the Gam May to db,ime's North Woude and Seashore Scoria
JOHN T, FRAWLEY
CRY SAHARA
DPF�F AT Few EwVw
CHU of �SMngor, 4Waine
ENGINEERING DEPARTMENT
May 11, 1909
Mx. John Quirk
Village Subaru
295 Rogav Road
Bangor. Maine 06601
Deaf Mr. Quirk:
The Maine Department of Transportation has recommended the
reconstruction and widening of Hogan Road between Mt. Hope Avenue
and Interstate 1-95, which will go out t0 bid sometime in the late
fell, so that the construction would probably be undertaken next
year. Their proposed construction plan would provide for four len
with a closed drainage system along your side Of the street, meaning
that the edge of Ne road would be curbed, and water would flow into
a catch basin system, rather than through the existing open ditch.
The total estimated cost of the project is $750.000.00, and
the City's share would be $150,000.00. The City Council has expressed
strong reactors about the commitment of such a large arnesunt of local
funds to this project in lieu of the considerable Amount Of street
work which needs to be done in other a of the City. It was pointed
out by MOT that approximately $75,0000sof the cost is attributable
to the closed drainage system, which apparently was included largely
as a Ault of property Owner
complaints about the open ditch.
Consequently. the City Conseil is questioning the possibility of
assessing theoat of the are= sever
against the properties that
would benefits It would appear that there would be five separate
properties that would benefit, including the Webber Petroleum Company,
John I. Timeshare, Jr.. Bangor Dodge, Triplett Motors. Inc., and Village
Subaru. The Dyer property near Penjajawoc Stream would not benefit, since
the storm sewer system and curbing is not continued through that area.
Assuming a equal share of the cost, the assessment against each business
would be $15,000.00. ,
Mr. John Quirk -3- May 11, 1909
Please let me know as to whether you would be in favor or apposed
to the proposed assessment in the appropriate apace provided below, and
return on signed copy to this office prior to Friday. May 19th. It is
anticipated that this item will be discussed at the City Council meting
n Monday. May 32nd. Please feel free to send a letter if you have any
other thoughts or suggestions, and call me if you have any questions.
Very truly yours.
JTF:j kp CT. ewle➢,
City ify Engineer
( ) In Favor
Oil opposed
`jIL10JjV
a .J
295 Hogan Rd. P.O. Boz Ban Bangor, ME M401
Lel. (2071 %2-7364
M"Mh 10, 19M
Mr. Everett Drake
Construction Engineer
Department of Transportation
Hogan Road
Bangor, Maine 04401
Dear Mr. Drake:
We were recently notified that field operations are currently
being c«rNcted by the Deparh,ent of Transportation for the purpose of
determining future improvements on the Hogpn Road.
In 1965 several business owners on the Hogan Road partitioned yarn
office for consideration of a "boo section" with u largroed drainage
(copy enclosed). Notwithstanding anyc¢mlmicatiomi to the contrary,
the position of these businesses remailvs the same. therefore, we would
respectfully request reconsideration of our original proposal and
hope that the Bangor City Council will see its any clear to appropriate
the prerequisite local furls.
F
y,ef�
Quirk, President
, N
JE2/lmd
Enclosure
cc: Arbo White, Location Pngineer
Hogan Road Business
Bangor City Council
July 5, 1985
Mr. Everett Drake
Construction Engineer
Department of Transportation
Hogan Road
Bangor, ME 04401
Bear Mr. Drake:
It is our understanding chat the Department of Transportation is currently
developing plans for the expansion or the Mogan Read from [ o four lanes, with
o
work [ the Fall of 1986. We also under the impression that the
D.D.T_is reviewing different options for dealing with drainage along the Hogan
Road.
Because both of these items have a significant impact on the economic
omit and
ofsthetic considerations of m c businesses on the Mogan Road east ufl-95, we
fer the following r commendation.
We strongly urge the D.D.T. to iostuu a box taction with underground drainage
from the career of M[. Rope Avenue to 1-95. The current open ditch i. eyesore
and a e headache. It detracts Icon the aesthetics of all nnrabusinesses
and mold npoxu ne health hazard under certain conditions.
It is . that we have developed a significant taxable base within
v
the city by Investing heavily in plana and e9uipmant. Therefore, ve feel we should
be granted the same consideration .is that .xterded to the businesses on Broadway and
Union Street, for example.
The option alexercising ointments to drain Individual properties i ntluweda
inasmuch a have rt lot ands a du Furthermore. the cyst
propoae, similar to that In franc of the Hogan Road not.
nificu, would pro otowhe
the beat Inng range anlutiun, portieularty in vuv of the ponding c o'struetion
scheduled fur the Fall of 1986.
Please give our proposal every consideration and advise us of your preliminary
plana belare they are scast In s[onr .
1n1,,y 'J7
Sincerely,
4r age suturanda T g, r Pnra
P//i��ne S[a tie] Spr r R a y
ng r Dodge
MEMORANDUM OF UNDERSTANDING
Between the
STATE OF MAINE
and the
CITY OF BANGOR
Regarding
Federal Aid Project No. M-1490(7)
PIN 3266.00
WHEREAS a project to to make improvements to Hogan Road in Bangor,
consisting of widening, overlay and drainage improvements, beginning
at Mount Hope Avenue and extending northerly a distance of 0.55
mile, has been included in the 1988-1989 Transportation Investment
Program contingent upon 20% of the total project cost being provided
by the local community, and;
WHEREAS it is necessary for the STATE OF MINE, acting by and
through its Department of Transportation, hereinafter referred to as
the Department, and the CITY OF BANGOR, hereinafter referred to a
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 816, 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 hereto agree to the coordination and reimbursement procedure
for this project as follows:
MEMORANDUM OF UNDERSTANDING
M-1490(7)/PIN 3266.00
Form Ed. 8/2/88
Page 2 of 5 Pages
A. DEFINITIONS
1. PROGRAMMED COST: The estimated cost of the project as de-
veloped during the planning phase. This amount is intended
for planning purposes only since it is based upon prelimin-
ary information. The programmed cost for this project is
$925,OOD. This cost figure will be amended and updated
based upon a detailed engineer's estimate once the project
development process is complete prior to advertising for
bids.
TOTAL ESTIMATED COST: The updated and more detailed estima-
tion of cost as determined at the completion of the project
development process prior to advertising for bids. This
cost figure is based upon the detailed engineer's estimate
and includes to addition to construction items, all en-
gineering and right of way costs necessary to satisfactorily
complete the project. It shall become the basis for deter-
mining the local share of the project coat.
3. LOCAL SHARE: That portion of the project cost to be paid by
the City based upon 20% of the total estimated cost of the
project as determined prior to advertising OR immediately
following contract award, whichever is LESS.
4. NON-FEDERAL SHARE: The federal participation rate for this
project is 75.36% of the total project cost, therefore, the
non-federal share for this project can be figured at the
rate of 24.64%.
MEMORANDUM OF UNDERSTAMOING
M-1490(7)/PIN 3266.00
Form Ed. 8/2/88
Page 3 of 5 Pages
B. REIMBURSEMENT
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 and
date the Memorandum and return a copy to the City.
Upon completion of the project development process and prior
to advertising for bids, the Department shall advise the
City of the total estimated coat of the project as determin-
ed in accordance with Paragraph A.2 above, which shall be
the basis for determining the local share. These figures
may be modified later if the bid prices as a result of con-
tract award are LESS than estimated prior thereto, in which
event, the LOWER of the two cost figures shall be used to
determine the Local share.
3. The total financial obligation of the City towards this
project shall be completed upon payment of the local share
as hereinbefore provided, except for any additional cost
resulting from changes or extra work requested by the City
and agreed to by the Department during the construction
phase, in which event, the City shall be expected to pay all
of the non-federal share of such coat.
C. PROJECT DEVELOPMENT
1. During the public participation process, the Department
shall arrange for a meeting With the City t0 review the
details of the project. Additional reviews may be requested
by either party at any point during the project development
process.
MEMORANDUM OF UNDERSTANDING
M-1490(7)/PIN 3266.00
Form Ed. 8/2/88
Page 4 of 5 Pages
Upon completion of the project development process, an
Agre ent may be prepared by the Department and forwarded to
the City setting forth the local share of the project cost
in accordance wich Paragraph B.2 above and setting forth any
additional terms and conditions required prior to advancing
this project to the construction phase. A letter may be
substituted in the event that no such agreement is required.
The Department and the City hereby retain the right to term-
inate the project at any time prior to the acquisition of
right of way. It is expressly understood that this project
will NOT be terminated by the City subsequent to the acqui-
sition of right of way 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 fully responsible for the entire non-
federal share of the total expenditures incurred against
the project at the time of termination.
b. In the event the project is terminatedby the Depart-
ment, the Department shall become fully responsible for
the entire non-federal share of the total expenditures
incurred against the project at the time of termination.
C. In the event the project is terminated by mutual consent
of the parties, the City shall become responsible for
20% of the total expenditures incurred against the pro-
ject at the time of termination consistent with the
local share sec forth in Paragraph A.3 above, and the
Department shall become. responsible for the balance of
the non-federal share of the expenditures so incurred.
MEMORANDUM OF UNDERSTANDING
M-1490(7)/PIN 3266.00
Farm Ed. 8/2/88
Page 5 of 5 Pages
D. APPROVAL
1. This Memorandum becomes effective upon approval and signa-
ture of the parties hereto.
2. By the Department on 19_
MAINE DEPARTMENT OF TRANSPORTATION
Dana F. Connors, Commissioner
By:
Rfchar— A. Coleman
Chief Engineer
3. By the City on 19
CITY OF BANGOR
By:
E war Alar r ert
City Manager
MEMORANDUM OF UNDERSTANDING
Between the
STATE OF MAINE
.and the
CITY OF BANGOR
Regarding
Federal Aid Project No. M-1490(7)
PIN 3266.00
WHEREAS a project to. to make improvements to Hogan Road in Bangor,
consisting of widening, overlayand drainage improvements, beginning
at Mount Hope Avenue and extending northerly a. distance. Of 0.55
mile, has been included in the 1988-1989 Transportation Investment ..
Program contingent upon 20% of the total project cost being provided
by thelocal community, and;
WHEREAS it is necessary for the STATE OF MINE, acting by and
through its Department of Transportation, hereinafter referred to as
the Department, and the CITY OF BANGOR, hereinafter referred to as
the City, to agree to a coordination andreimbursement 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 &16, 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 hereto agree to the coordination and reimbursement procedure
for this project as .follows: