HomeMy WebLinkAbout1985-11-13 86-21 ORDERr
86-21
Introduced by Councilor wheeler, November 13, 1985
CITY OF BANGOR
(TITLE.) o1DOMt _Authorizing City. Manager to_9vter into m_Agreement
with MOT - Center Street and Broadway
... ............ ............ ............. __ .__ --
By the City Coastal oftAs City ofBaaper:
OEDEEED.
THAT the City Manager be and hereby is authorized to enter
into a Memorandum of Understanding with the Maine Department of
Transportation relative to traffic signal modifications at the
intersection of Center Streett Broadway and the Interstate Highway
1-95 Ramp under the 1986-87 Transportation Investment Program. A
copy of said agreement is on file in the 0££ice of the City Clerk.
STATBT6NT OF FACT:
The total estimated cost of this project is W,OOO.00t with
approximately 20% to be paid b9 the City.
8621
ORDER
'
in City Council November IWq% 7 P3 58
refered to finance ronvittee ider nexriitle,
mee : RECE
Jy orFtN `FAuthoriving City MvnageT to enter Snt an
it cies' agreement with.... MOOT - .cuter street and
Broadway
......................................
In City Council November 23,1983
consider 2nd meeting in January
PS
y •itr cls
Inured
ed and
fil
by
Councilman
In City Council January 20.1986-
Refered to Public Safety Committee
"skier next meeting
4Z64 -
Cl
In City Council February 10,1986
Insider let meeting in March
( " of C .�tCZ= .
C tyC Cler��—
In City Council 3-12-86
consider next an
in City Council March 24.1986
Passed
City Cie
as -21
MEMORANDUM OF UNDERSTANDING
Between the
STATE OF MAINE
and the
CITY OF BANGOR
Regarding
Federal Aid Project No. M-1532(1)
PIN 2665.00
WHEREAS a project to make certain traffic operational and safety
improvements at the intersection of Center Street, Broadway and the
Interstate 95 Ramp in Bangor, consisting of traffic signal modifica-
tion and interconnect, installation of mast arms and signing, 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 616, 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 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 $40,000. This coat figure will be
amended and updated based upon a detailed estimate once
the project development process is completed prior to
advertising for bide.
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 i 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 201 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 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 berequiredfor
this project priorto 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 December of 1986 and based -
upon pest 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.
LF 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, inwhich event,
the Municipality shall be expected to pay all of thenon-
Federal share of the additional coat therefor.
C. PROJECT DEVELOPMENT
During the public participation process, the Department shall
arrange for a meeting with the Municipality to review
ew the
details of the project. Additional reviews may berequested
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 berms 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 thatthispro-
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
I. 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. 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