HomeMy WebLinkAbout1985-11-13 86-19 ORDERIntroduced by Councilor Wheeler, November 13, 1985
_. CITY OF BANGOR
(TITLE) Mrb9rt Authorizing City. Manager to Alter into an. Agreement
with MOT -
By the City Couvuii of the CYy of Banter:
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 the resurfacing of State Street between
Hancock Street and Hogan Road under the 1986-87 Transportation
Investment grogram. A copy of said agreement is on file in the
Office of the City Clerk.
STATRMEHT OF FACT:
The total estimated coat of this project is $17Ot000.00t with
approximately 20% to be paid by the City.
In City Council November 13,1985
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-- CIT YECIEfY I,
City Clerk
In City Council November 25,1983
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P
ty Cles
86-i9
0 RUER
Title,
Authorizing City Manager to Enter into an
.......A ..............................
Agreement with MOOT - State Street
......................................
Introdu and file y
Councilman
In City Council January 27,1986
Passed
G ll
City ClerY
86-19
MEMORANDUM OF UNDERSTANDING
Between the
STATE OF MAINE
and the
CITY OF BANGOR
Regarding
Federal Aid Project No. M-1401(4)
PIN 2662.00
WHEREAS a project to resurface State Street in Bangor, beginning at
Hancock Street and extending northerly 0.94 mile to Hogan Road, has
been included in the -1986-1987 Transportation 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 #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
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 $170,000. 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 SNARE: 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
rw:lxtanreayxsr_x,�i
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 bide, the Department shall notify
the Municipality of the Total Estimated Coat 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 LOWER of the two coat
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 i
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
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 coat 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
r
details of the project. Additional reviews may be lrequested
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 partieshereto, 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 shareofthe 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.
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 ofthe non -Federal share of the expenditures
so incurred.
i7�F5•l:LllAA
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 A. Coleman
Chief Engineer
3. By the Municipality on 19_
-CITY OF BANGOR
By:
John W. Flynn
City Manager
86-19
- Introduced by Conic ilor wbeeler, November 13, 1985.
CITY OF BANGOR
(TITLE.) (Ma, Authorizing City, Manager to Enter into an Agreement
with MDOT - State Street
By the City Council of Bu City of Bangor; -
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 the resurfacing of State Street between
Hancock Street and Hogan Road under the 1986-87 Transportation
Investment Program. A copy of said agreement is on Pile in the
Office of the City Clark.
STATEMENT OF FACT:
The total estimated cost of this project is 5170,000.00, with
approximately 20% to be paid by the City.
In City Council
Jauuaay 27, 19%
Passed
AA True Copy, ,-5
City Cle rh