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Home My WebLink About1985-11-13 86-15 ORDER86-1s _ Introduced by Councibr woeeler, Noveaber 13, 1985 _ CITY OF BANGOR (TIRE.) (Orbrro Authorizin$ City, Manager to. Enter into an Agreement with MOT — Stillwater Avenue and Essex Street Bathe City Conned of City ofBauq : ORDERED, THAT the City Manager be and hereby is stthorized to enter into a Memorandum of Understanding with the Maine Department Of Transportation relative to the installation Of flashing lights and other traffic improvements at the intersection of Stillwater S Avenue and Essex Street under the 1986-87 Transportation Investment Program. A copy of said agreement is on file in the Office of the City Clerk. STATEMENT OF FACT: The total estimated coat Of this project is 57,000.00$ with approximately 20% to be paid by the City. In City Council November13,1985 86-155 Refered to Finance Committee 0 R O E R mmeetivg P3 9 n -C 111 .7 Tine, . City Clerk 6 RECL;+' Authorizing City Manager to enter ...... 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C�CITY CLERH- ,In City Cowell November 25,1905 an Agreement with MOOT - Stillwater Ave. . consider 2nd meeting danwty•..•:•••.••••.••.•................••..• and Essex street ey Cle - Introaucand filed ...::�...n_V In City Council January 27,1986 Passed 86-15 MEMORANDUM OF UNDERSTANDING Between the STATE OF MAINE and the CITY OF BANGOR Regarding Federal Aid Project No. M-1510(2) PIN 2666.00 WHEREAS a project to make certain traffic operational and safety improvements at the intersection of Stillwater Avenue and Essex Street in Bangor, consisting of the installation of flashing lights, signs and sight distance improvements., has been included in the 1986-1987 Transportation Investment Programcontingent upon 20% of the total project cost being provided by the local community, 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 to as the Municipality, to agree to a coordination and reimbursement pro- cedure for this project, 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 916, Augusta, Maine 04333, Attn: Richard A. Coleman, Chief Engineer, prior to the advancement of preconscruction activities; NOW THEREFORE, the parties agree to the coordination and reimburse- ment procedure for this project es follows: MEMORANDUM OF UNDERSTANDING Page 2 /:\ftl�l9llilltlSfl�Ay 1. PROGRAMMED COST: The estimated cost of the project as developed during the planning phase. This amount is intended for planning purposes only since it is based upon preliminary information. The Programmed Cost of this project is $7,000. This coat figure will be amend- ed and updated based upon a detailed estimate once the project development process is completed prior to adver- tising for bids. 2. TOTAL ESTIMATED COST: The updated and more detailed estimated cost of the project as determined at the com- pletion of the project development process prior to advertising for bids. This coat figure is based upon the detailed Engineer's Estimate and includes in addi- tion to construction items, all engineering and right of way coats necessary to satisfactorily complete the pro- ject. It shall become the basis for determining the upper limit of the Municipal Share of the project cost to be paid by the Municipality as hereinafter provided.. 3. MUNICIPAL SHARE: That portion of the project cost to be paid. by the Municipality based upon 20% of the Total Estimated Cost of the project as determined prior to advertising OR immediately following contract award, whichever is LESS. MEMORANDUM OF UNDERSTANDING Page 3 B. REIMBURSEMENT Prior to the advancement of the project development pro- cess, the Municipality shall forward the signed original copy of this Memorandum to the Department, thereby acknow- ledging that the level of local funding towards this pro- ject as stated herein is acceptable to the Municipality. The Department aball complete the signature process and return a copy of the fully signed Memorandum to the Muni- cipality. Upon completion of the project development process and prior to advertising for bide, the. Department shall notify the Municipality of the Total Estimated Cost of the pro- ject as determined in accordance with Paragraph A.2 above, which shall become a basis for determining the Municipal Share, this basis may be modified later if the bid prices as a result of contract award are LESS than estimated prior thereto, in which event, the LONER of the two cost figures shall beused as the final basis for determining the Municipal Share. An Agreement may be required for this project prior to advertising for bids. The Municipal Share and the basis for its computation shall be contained in such an agreement or in a letter if no agreement is required. 3. According to preliminary estimates this project is scheduled for advertising in December of 1986 and based upon past schedules, the contract for the construction thereof should be awarded 3 to 4 weeks subsequent thereto, at which time, the Department shall advise the Municipal- ity of the amount and basis for the Municipal Share then due. MEMORANDUM OF UNDERSTANDING - Page 4 4: The total financial obligation of the Municipality towards this project shall be completed upon payment of the Muni- cipal Share as hereinbefore provided, EXCEPT for any addi- tional cost resulting from changes requested by the Muni- cipality during the construction phase, in which event, the Municipality shall be expected to pay all of the non - Federal share of the additional coat therefor. C. PROJECT DEVELOPNENT 1. During the public participation process, the Department shall arrange for am eeting with the Municipality to review the details of theproject. Additional reviews may be requested by either party at any point duringtheproject development process. 2. Upon completion of the project development process an Agree- ment may be prepared by the Department and forwarded to the Municipality formalizing the funding arrangement outlined herein and setting forth additional terms and conditions required of the parties hereto prior to advancing this pro- ject to the construction phase. In the event no agre ent is required, a letter may be substituted therefor indicating the Municipal Share due. upon contract award. 3. The Department and the Municipality 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 pro- ject will NOT be terminated by the Municipality 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 expenditures incurred against the project at the time of termination. MEMORANDUM OF UNDERSTANDING Page 5 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 in- curred against the project at the time of termination. c. In the event the project is terminated by mutual consent of the parties hereto, the Municipality shall become responsible for 20% of the total expenditures incurred against the project at the time of termination, consist- ent with the Municipal Share set forth in Paragraph A.3 above, and the Department aball become responsible for the balance of the non -Federal share of the expenditures so incurred. D. APPROVAL 1. This Memorandum becomes effective upon approval and signature of the parties hereto. 2. By the Department on , 19 MAINE DEPARTMENT OF TRANSPORTATION Dana F. Connors, Commissioner By: Richard Coleman Chief Engineer 3. By the Municipality on I-, 19_ CITY OF BANGOR By: John W. Flynn City Manager