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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: