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Home My WebLink About1985-11-13 86-18 ORDERlnlroduced by Councilor wheeler, November 13, 1981 CITY OF BANGOR (TITLE.) VVrDBr, Authorizing City. Manager to Enter into an Agreement with MOT - Hogan Road Improvements By ole City Coca of City ofBany . ORDERED, THAT the City Manager be and hereby is authorized to enter into a Memorandum of Understanding with the Maine Department of Transportation relative to improvements to Hogan Road between Mount Hope Avenue and Interstate Highway I-95 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 $770,000.00, with approximately 20% to be paid by the City. In City Council Narember 5 O R D E R E6-18 rererea to riw.nae coiimi e -7 P3 59 .. co er vext et f Title, P CiE CF BqN ( Authoxleing City Manager to Entex an c tY Clerk CIiY CLf nit p ...................................... agreement with MOOD _ Hogan read impra mnta In City Council November 25 1985 :.•.• ..............••••.••.......••• wide[ Ina neacing in Jmnary I. ci Cexe In City Courcil January 27.1986 Indefinitely Postponed C7 clby Clemk Intro ed and fil Cowcilman MEMORANDUM OF UNDERSTANDING Between the STATE OF MAINE and the CITY OF BANGOR Regarding Federal Aid Project No. M-1490(6) PIN 2661.00 - WHEREAS a project to make drainage improvements, widen and overlay .Hogan Road in Bangor, beginning at Mount Hope Avenue and extending northerly 0.55 mile, has been included in the 1986-1987 Transporta- tion Investment Program contingent. 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 816, Augusta, Maine 04333, Attn: Richard A. Coleman, Chief Engineer,prior to the advancement of preconstruction activities; NOW THEREFORE, the parties agree to the coordination and reimburse- ment.procedure for this project as follows: MEMORANDUM OF UNDERSTANDING I Page 2 A. DEFINITIONS 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 $770,000. Tb is coat figure will be ended 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 coat 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 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 coat 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 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. 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 in accordance with Paragraph A.2 above, which shell 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 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 October 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. G. 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. Itis 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 shall become responsible for the balance of the non -Federal share of the expenditures so incurred. D. APPROVAL 1. Tb is 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 A. Coleman Chief Engineer . 3. By the Municipality on 19 M4M'LNg4EVlKON By: John W. Flynn City Manager