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Home My WebLink About1986-03-12 86-110 ORDER06-110 Introduced by Councilor Willey, Match 12, 1986 CITY O BANGOR (TITLE.) VY/fllaT'a Authorizing City, Manager to Ehter into an. Agreamentwt1I MOT - State Stmet, Harlow Street: and Central Street ._....._. .............. ........ . By the C:ta Cowmil of the aty oiaaa .- ORDERED, - THAT the City Manager beandhereby is authorized to enter into Memorandum of Understanding with the Maine Department of Transportation relative to the traffic operational and safety improvements to the intersections of State and Harlow, Harlow and Central, and Central and Hammond 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 cost of this project is 8259000.00, with approximately 12.45% to be paid by the City. In City Council 3-12-86 06-110 e: co dat Daze Draft[ '0 R' 0 E R 4 C t1 C er _ 11t1e. I CCj Gp`� Het'g 1 .1YC, In City Council March 24,1986' Authorizing City.. .. [o (�.. iefexed to Paslic safety enter Into agreement with NOdf committee ao,nides next menting Q6[aL¢ Sc. Naxlom BLand Central rt. ' city cl x -nos and filed by IN CITY COIMCSL Conn"1 April 14, 1996 Referred to public. Safety Committee - Consider 1st meaning I n J 1 CITY C c � In City Connell. June 9,1986 Cora -- veM. meeting City C1. IN CITY C IL June 23, 1986 Passed C 86-110 MEMORANDUM OF UNDERSTANDING Between the STATE OF MAINE and the CITY OF BANGOR Regarding Federal Aid Project No. F-038-1(31) PIN 2644.00 WHEREAS a project to make certain traffic operational and safety improvements at the intersection of State, Harlow and Central Streets in Bangor, consisting of relocation, channelization, 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 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 116, 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 asfollows: 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 since it is based upon preliminary information. The Programmed Cost of this project 1s $25,000. 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 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 one-half of the non -Federal of the Total Estimated Cost of the project as determined prior to advertising OR immediately fol- lowing 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 4 4. The total financial obligation of the Municipality towards this project shall be completed upon payment of the Municipal Share as hereinbefore provided, EXCEPT for any additional cost resulting from changes requested by the Municipality 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. ffl J'1211 1M%4TAL'4aq 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 Agreement may be prepared by the Department and forward- ed to the Municipality formalizing the funding arrange- ment outlined herein and setting forth additional terms and conditions required of the parties hereto prior to advancing this project 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 project will NOT be terminated by the Munici- pality subsequent to the acquisition of right of way WITHOUT first obtaining the approval of the Department. MEMORANDUM OF UNDERSTANDING Page 3 B. REIMBURSEMENT 1. Prior to the advancement of the project development process, the Municipality shall forward the signed ori- ginal copy of this Memorandum to the Department, thereby acknowledging that the level of local funding towards this project as stated herein is acceptable to the Muni- cipality. The Department shall complete the signature process and return a copy of the fully signed Memorandum to the Municipality. 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 project 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 cost figures shall be used as the final basis for determining the Municipal Share. An Agreement my be required for this project prior to advertising for bids. The Municipal Share and the basis for its compu- tation 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 past schedules, the contract for the construction thereof should be awarded 3 to 4 weeks subsequent there- to, at which time, the Department shall advise the Muni- cipality of the amount and basis for the Municipal Share then due. MEMORANDUM OF UNDERSTANDING. Page 5 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 expend- itures Incurred against the project at the time of termination. 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 incurred against the project at the time of termina- tion. 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. MEMORANDUM OF UNDERSTANDING Page 6 Bl!•R•l:WAIN 1. IN Is Memorandum becomes effective upon approval and signa- ture of the parties hereto. 2. By the Department on 19_ MAINE DEPARTMENT OF TRANSPORTATION Dana F. Connors, Commissioner By: Richard Coleman Chef Engineer 3. By the Municipality on 19 By: John W. Flynn City Manager