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Home My WebLink About1985-11-13 86-17 ORDER. • e6-17 Introduced by Councilor wheeler, November 13, 19SS _mp CITY OF BANGOR (11RL) Vrbtr, Authoriming City_Manager to, Eater into an_Agreement with MOT - State Street, Broadway and Oak Street .........._...... ................. ...__. .............. ............ By to City Coa uni of As City o(Banpor: ORDERED, THAT the City Manager be and hereby in authorized to enter into a Memorandum of Understanding with the Maine Department of Transportation relative to the installation of new traffic signals at the intersection of State Street, Broadway and Oak Street under the 1986-87 Transportation Investment program. A copy of maid agreement is an file in the Office of the City Clerk. STATEMENT OF FACT: The total estimated coat of this project is 835,000.000 with approximately 12.45% to be paid by the City. xn city Council November 13,1985 reYered to Iinancoff ons mp� W P3439 next Y CITY CURIA In City Council November 35,1985 consider Ind Meeting vary CUT Clerk FS Title, Autborizivg City Manager to Enter Into ............ :......................... an agreement with MET - State Street ........... 4 .......................... Hroadvay,and Oak St, Introdu M and filee In City Couneil Janua� 27,1986 Passed City Clev Councilman 86-17 MEMORANDUM OF UNDERSTANDING Between the - STATE OF MAINE and the CITY OF BANGOR Regarding Federal Aid Project No. F-038-1(30) PIN 2643.00 WHEREAS a project to make certain traffic operational and safety improvements at the intersection of State Street, Broadway and Oak Street in Bangor, consisting of the installation of mast arms, re- signalization including a pedestrian phase, signing and striping, has 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 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 #16, Augusta, Maine 04333, Attn: Richard A. Coleman, Chief Engineer, prior to the advancement of preconatructior 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 1. PROGRAMMED COST: The estimated cost of the project as developed during the planning phase. This amount is intended for planning purposes only sinceit is based upon preliminary information. The Programmed Cost of this project is $35,000. 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 addi- tion to construction items, all engineering and right of way costs 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 one-half of the non -Federal share of the Total Estimated Cost of the project as determined prior to advertising OR immediate- ly following contract award, whichever is LESS. 4. NON-FEDERAL SHARE: The Federal participation rape 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 fl�W�i1Gl.DL'FY3vlxiYi 1. 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. Me Department shall complete the signature process and return a copy of the fully signed Memorandum to the Muni- cipallcy. Upon completion oftheproject 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 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, i 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 bide. 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. According to preliminary estimates this project is scheduled for advertising in December of 1986 and based upon past schedules, the contract for theconstruction 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 cost therefor. C. PROJECT DEVELOPMENT 1. During the public participation process, the Department shall arrange for a 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 t0 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 thecompletion of con- , struction, o - 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 forth in Paragraph A.3 above, and the Department shall 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 o sman Chief Engineer 3. By the Municipality on 19 CITY OF BANGOR By: John W. Flynn City Manager