HomeMy WebLinkAbout1985-11-13 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
...... I .................. ..........
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
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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
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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