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Home My WebLink About1986-03-24 86-129 ORDER86-129 Introduced by Councilor mCarthy, Mattb 39, 1986 CITY OF BANGOR (TITLE.) Wrl By the City Coaeeil of City ofBanyol: ORDERED, THAT, WEXIMAS, the:City Council, by Council Order No. 86-16 passed November 25, 1985, authorized the City Manager to enter into a Memorandum of Understanding with the Maine Department of Trans- portation for the resurfacing of Main Street between Interstate Highway 1-395 and Union Street; and WHEREAS; the Maine Department of Transportation, upon petition by the City, ,has expanded the scope of the proposed project to include new curbing and traffic medians{ Now, TH:RMHE, HE IT ORDERED, THAT the City Manager be and hereby is authorized to enter into a revised Memorandum of Understanding with said Maine Department of Transportation, a copyof said Agreement being on file in the Office of the City Clerk. STATEMENT OF FACT: The total estimated cost of the project in $750,000.00, with 12.45% to be paid by the City. In City Council March 24,1906 Pezed to finance committee oon nett meeting Cityrzz C1 IN CITY COUNCIL April 14, 1986 Referred to Public Safety Coumittee Consider next meeting. aaa ^lfv cveex In City Council April 22,1986 consider next meeting refered to Public Safety Comm. 4C y Clerk In City Council MAY 1211986 /Coynssider next ting �/ CYty CS ex meeting in City Council May 28,1986 /C!onnnnnniidder next meeting 'city Clem O 86429q . O R D6E R Title, " Authorizing City Manager to enter into a revised agredbent with MDOT Main street impxavemneta •....:......••.•.....: dt[dd4 ed s d file In City Council June 9'1986 Pani ity Cl�k 66-129 MEMORANDUM OF UNDERSTANDING Between the STATE OF MAINE and the CITY OF BANGOR Regarding Federal Aid Project No. F-043-1(47) PIN 2642.00 WHEREAS a project to improve Main Street in Bangor, consisting of widening (on 5 -lane portion), some milling, overlay, curb adjustment and replacement, beginning 0.17 mile northeasterly of Interstate 395 at Dutton Street at the end of Federal Aid Project No. 1-395-8(88) and extending northeasterly 0.97 mile to union Street, has been included in the 1986-1987 Transportation Investment Program contin- gent 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 tows 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 ji16, 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 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 is $750,000. 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 ad- dition to construction items, all engineering and right of way costs necessary to satisfactorily complete the project. It sball 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. J. MUNICIPAL SHARE: �Tbet 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 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 3 B. REIMBURSEMENT 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. 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 inaccordance 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 be required for this project prior to advertising for bids. The Municipal Share and the basis for its computation shall be contained an such an agreement or in a letter if no agreement is required. 3. According to preliminary estimates this project is scheduled for advertising in June of 1987 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 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,nwhich event, the Municipality shall be expected to pay all of the non - Federal share of the additional cost therefor. C. PROJECT DEVELOPMENT During the public participation process, the Department shall arrange for a meeting with the Municipality to review the details of the project. Additional reviews ews may be requested by either party at any point during theproject 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 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 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 o , 19_ MAINE DEPARTMENT OF TRANSPORTATION Dana F. Connors. Commissioner By: Richard Chief Engineer 3. By the Municipality on . 19_ CITY OF BANGOR By: John W. Flynn City Manager