HomeMy WebLinkAbout1985-11-13 86-16 ORDER66-16
Introduced by Councilor wheeler, November 13, 1985
CITY OF BANGOR
(1ITL6) 1P/Ili2lr. Authorizing City_Manager to Eater into an. Agreement
with MOT - Main Street
BY tAe City Cusum ofiA City ofllangar:
ORDERED,
TMT the City Manager be and hereby is authorised to enter
into a Memorandum of Understanding with the Maine Department of
Transportation relative to the i0sorfacing-of Main Street from
Interstate Highway 1-395 to Union Streetunder the 1986-e7
Transportation Investment Program. A copy of said agreement
is on file in the Office of the City Clerk,.
STATEMENT OF FACT:
The total estimated cost of this project is $320.000.00, with
approximately 12.45% to be paid by the City.
86-16
In City Council November 13,1985 0 R 0 E R
refered to finance comittee '855 NUY -7 P3 59
nous er neat meeyi/� Title,
_�P_"_ML_. flECC. Anthorizing City 1&%neger to Enter
City Cler# CITY Of Om v.y . CITY CLM .."...............................
into an Agreement with MUPP _ MAI@ ST
In city counnll November 25,1985 -"'huprovemevts .........................
Passed
- - Intro red and fi by
cisy-c er
- Councilman
86-16
MEMORANDUM OF UNDERSTANDING
Between the
STATE OF MAINE
and the
CITY OF BANGOR
Regarding -
Federal Aid Project No. F-043-1(47)
PIN 2642.00
WHEREAS a project to resurface Mein Street in Bangor, beginning at
Interstate 395 and extending northerly 0.97 mile to Union Street,
hes been included in the 1986-1987 Transportation Investment Program
contingent upon one-half of the non -Federal share of the total pro-
ject 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 comitment 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 A16, Augusta, He ine 04333, Attn: Richard A.
Coleman, Cb¢ef Engineer, prior to the advancement of preconstructlon
activities;
NOW THEREFORE, the parties agree to the coordination and reimburse-
ment procedure for this project as follows:
MEMORANDUM OF UNDERSTANDING Page 2
A. DEFINITIONS
PROGRAMMED COST: The estimated coat of the project as
developed during the planning phase. This aunt is.
intended for planning purposes only since it is based
upon preliminary information. The Programmed Coat of
this project is $320,000. This cost figure will be
amended and updated based upon a detailed estimate once
the project development process is completed prior to
advertising 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 cost figure is based upon
the detailed Engineer's Estimate and includes in ad-
dition to construction items, all engineering and right
of way costs necessary to satisfactorily complete the
project. 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 one-half of the -
non -Federal share of the Total Estimated Cost of the
project as determined priorto advertising OR immediate
-
IF following contract award, whichever is LESS.
4. NON-FEDERAL SHARE: The Federal participation rate for
this project is 75.1% of the total project cost, there-
fore, one-half of the non -Federal share for this project
can be figured at the rate. of 12.45%.
MEMORANDUM OF UNDERSTANDING Page 3
B. REIMB➢RSEMENT
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 shall complete the signature process and
return a copy of the fully signed Memorandum to the Muni-
cipality.
2. Upon completion of the project development process and
prior to advertising for bids, the Department shall notify
the Municipality of the Total Estimated Cost of the pro-
ject as determined inaccordance with Paragraph A.2 above,
which shall become abasis 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 LOWER of the two cost
figures shall be used 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 July 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 Municipality
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, i which event,
the Municipality shall be expected to pay all of the non -
Federal share of the additional coat therefor.
C. PROJECT DEVELOPMENT
1. During the public participation process, the Department shall
arrange fora meeting with the Municipality to review the
details of the project. Additional reviews may be requested
by either party at any point during the project 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 agreement 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 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 fortb in Paragraph A.3 above, and the Department
shall become responsible for the balance of the non -
Federal share of theexpendituresso 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 19
CITY OF BANGOR -
By:
John W. Flynn
City Manager