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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