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HomeMy WebLinkAbout1987-07-27 87-276 ORDER87-276 Introduced by Councilor Frankel, July 27. 1987 CITY OF BANGOR (TITLE.) (Jorhr,.._.A.u.t.horizing.C.ItY."nger to Enter into Mamorandum f Dnderetanding with Mai „D Pt f,_Tz„epypQrsaffad -. Dom[am. Traffic. 5lgnais __. _......... By The City CaaadE oftke Qty WIATUP r: THAT . WHEREAS, the Maine Department of Transportation will soon be undertaking the upgrading of the traffic signals at the intersections of State and Exchange, Barlow and Central, and Central and Hnmeand Streets s part of the 1986-1987 Transportation Investment Program; and WHEFEES . said project requires coordination and partial reimbursement by the State and the City; NOW, THEREFORE, Be It OMER”, THAT the City Manager be and hereby is authorized to enter into a Memorandum of Understanding with the Maine Department of Transportation, a copy of which is on file in the Office of the City Clerk. STATEISNT OF FACT: The total estimated cost of the project is $56,700.00, of which the, City's a share in 12.32$, or approximately $6,985.00. The project will provide for the replacement and rearrangement of many of the signal beads to provide greater visibility. and will attempt to provide for easier pedestrian crossing and more efficient interconnection. IN CITY COONCIL July 27, 1987 Passed MCA4 — CI LE&R 8]-2)6 o EnEn Title, AuthorlaJng C?cy. rpa N r. c^. En.ta.r. into a Memorandum of Ondersuanding. with Maine ................ ➢epar,tment of Tranapartatlon Davntaw Traffic Signals. - Introduced and filed by Comellman a, �b C/tYt.0 p4 6ris'ei�F '�j CIfAMAA MEMORANDUM OF UNDERSTANDING Between the STATE OF MAINE and the CITY OF BANGOR - Regarding Federal Aid Project No. F-038-1(31) PIN 2644.00 WHEREAS a project to make certain traffic signal improvements in the Downtown triangle formed by State, Harlow and Central Streets in Bangor, is included in the 1986-1987 Transportation Investment Pro- gram contingent upon one-half of the non -Federal share of the total project coat being provided. by the local community, and; WHEREAS the project has been developed and now ready for construc- tion, and; WHEREAS it is necessary for the STATE OF MAINE, acting by and. through its Department of Transportation, hereinafter referred to as the Department, and the CITY OF BANGOR, hereinafter referred car as the Municipality, to agree to a coordination and reimbursement pro- cedure for this project before construction activities can begin, and; WHEREAS the Municipality must indicate its commitment to this pro- ject by signing the original copy of this Memorandum in the spaces provided and returning it to the Maine Department of Transportation, State House Station 116, Augusta, Maine 04333, Attn: Richard A. Coleman, Chief Engineer, prior to the award of a contract for con- struction; NOW THEREFORE, the parties agree to the coordination and reimburse- ment procedure for this project as follows: MEMORANDUM OF UNDERSTANDING Page 2 A. DEFINITIONS TOTAL ESTIMATED COST: The detailed estimated cost of the project as determined at the completion of the pro- ject 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 engineering and right of way coats necessary to satisfactorily complete the project. It shall become the basis for determining the upper limit of the Munici- pal Share of the project cast to be paid by the Munici- pality as hereinafter provided. The total estimated cost for this project is $56,700 based upon an En- gineer's Estimate dated June 11, 1987. 2. MUNICIPAL SHARE: That portion of the project cost to be paid by the Municipality based upon one-half of the non -Federal of the Total Estimated Cost of the project as determined prior to advertising OR immediately fol- lowing contract award, whichever is LESS. 3. NON-FEDERAL SHARE: The Federal participation rate for this project is 75.36% of the total project cost, there- fore, one-half of the non -Federal share for this project can be figured at the rate of 12.32%. B. REIMBURSEMENT 1. Prior to the award of a contract for construction, the Municipality shall forward the signed original copy of this Memorandum to the Department, thereby acknowledging that the level of local funding cowards this project as stated herein is acceptable to the Municipality. The Department shall complete the signature process and return a copy of the fully signed Memorandum t0 the Municipality. MEMORANDUM OF UNDERSTANDING Page 3 2. The Municipal Share shall be due upon contract award and shall be based upon the Total Estimated Cost of the project as has been determined in accordance with Para- graph A.1 above or a detailed estimate derived from the bid prices obtained as a result of such award, whichever is LESS. 3. The total financial obligation of the Municipality to- wards this project shall be completed upon payment of the Municipal Share as hereinbefore provided, EXCEPT for any additional cost resulting from changes requested by the Municipality during the construction phase, in which event, the Municipality shall be expected to pay all of the non -Federal share of the additional cost therefor. The Department andtheMunicipality hereby retain the right to terminate 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 Munici- pality subsequent to the acquisition 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 Municipality prior to the completion of con- struction, The Municipality shall become responsible for the entire non -Federal share of the total expend- itures incurred against the project at the time of termination. MEMORANDUM OF UNDERSTANDING Page 4 b. In the event the project is terminated by the Depart- ment,the Department shall become responsible for the entire non -Federal share of the total expenditures incurred against the project at the time of termina- tion. c. In the event the project is terminated by mutual consent of the parties hereto, the Municipality shall became responsible for one-half of the non -Federal share of the total expenditures incurred against the project at the time of termination, consistent with the Municipal Share set forth in Paragraph A.2 above, and the Department shall become responsible for the balance of the non -Federal share of the expenditures so incurred MEMORANDUM OF UNDERSTANDING Page 5 D. APPROVAL 1. This Memorandum becomes effective upon approval and signature of the parties hereto. 2. By the Department on 1987 MAINE DEPARTMENT OF TRANSPORTATION Dana F. Connors, Commissioner By: Richard o eman Chief Engineer 3. By the Municipality on 1987 CITY OF BANGOR By: John W. klynn ._.. .. — City Manager ..