HomeMy WebLinkAbout2018-03-12 18-129 Order
03/12/201818-129
03/12/2018
18-129
Engineering
Order
N/A
Title, Order
Authorizing the City Manager to Execute an Agreement with Maine Department of Transportation for
Overweight Construction Vehicles - Interstate 95 Northbound, Project WIN # 20855.00
The attached Order is a routine action that would allow overweight construction vehicles on City
streets in conjunction with MaineDOT's Interstate 95 "Ultra Thin Bonded Wearing Course". The
project will begin at Hogan Road in Bangor and extend northerly 14.02 miles, ending in Alton/Argyle
town line. The contractor will be required to repair any resultant damage to City streets.
Infrastructure Committee
02/20/2018
Recommend for passage
50
Copy of Agreement Attached.
Consent
03/12/201818-129
CITY OF BANGOR ORDER
03/12/2018
18-129
Perry
Authorizing the City Manager to Execute an Agreement with Maine Department of Transportation for
Overweight Construction Vehicles - Interstate 95 Northbound, Project WIN # 20855.00
Be it Ordered by the City Council of the City of Bangor that,
the City Manager is hereby authorized and directed to execute an agreement with Maine Department of
Transportation for transport of construction equipment that exceeds legal weight limits over municipal roads
in conjunction with MaineDOT's Interstate 95, northbound "Ultra Thin Bonded Wearing Course" beginning at
Hogan Road, extending northerly 14.02 miles to Alton/Argyle town line.
� 5lrnpir�
Catherine Conlow, City Manager
City of Bangor
73 Harlow Street
Bangor, ME 04401
Dear Ms. Conlow:
DEPARTMENT OF TttfaiVtiPG.1tt'A'E4'A'ION
AUGUSTA, MAINE 04333 00,16
David Bernhardt
COMMISSIONER
2/6/18
Subject: Ultra Thin Bonded Wearing
Course
Project No.: NHPP-2085(500)
Cities of Bangor and Old Town and Towns
of Alton and Orono
The Maine Department of Transportation will soon advertise the subject project for
construction, and pursuant to 29-A MRSA § 2382 (7) we have established a "Construction Area". A copy
of 29-A § 2382 is enclosed for your information. Also included is an agreement, which requires signature
by the municipal officers, and additional background documents.
The agreement stipulates that the municipality will issue a permit for a stated period of time to
the MDOT contractor for transporting construction equipment (backhoes, bulldozers, etc.) that exceed legal
weight limits, over municipal roads. The agreement acknowledges the municipality's right to require a
bond from the contractor to "guarantee suitable repair or payment of damages" per 29-A MRSA.
29-A MRSA § 2382 (7) states that "the suitability of repairs or the amount of damage is to be
determined by the Department of Transportation on state -maintained ways and bridges, otherwise by the
municipal officers". In other words, municipal officers determine the suitability of repairs on municipal
ways and bridges.
The State cannot force municipalities to allow overweight vehicles to travel on posted
municipal roads. Municipal postings supersede overweight permits. However, the agreement requires
municipalities to make reasonable accommodations for overweight vehicles that are operated by contractors
and the MDOT in connection with the construction project.
The specific municipal roads involved are not necessarily known at present, as the contractor's
plan of operation won't be known until just prior to the start of work. If the municipality plans to require a
bond; the amount of the bond should be determined prior to the start of work. If the project number
administratively changes, you will be notified, and the agreement modified accordingly. Please return the
completed agreement to my attention. Should you have any questions, please contact me at 624-3410.
Sincerely,
A
George, oug
�( Contracts & Specifications Engineer
Bureau of Project Development
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1.8-1.29
MARCH 1.2, 20 1.8
Return this AGREEMENT, when completed, to:
Maine Department of Transportation
ATTN.: Mr. George Macdougall, Contracts & Specifications Engineer
416 State House Station, Child Street
Augusta, Maine 04333-0016
Project No.: 20855.00
Location: Cities of Bangor & Old Town and
Towns of Alton and Orono
Pursuant to 29-A MRSA § 2382, the undersigned municipal officers of the City of
Bangor agree that a construction overlimit permit will be issued to the Contractor for the
above -referenced project allowing the contractor to use overweight equipment and loads
on municipal ways.
The municipality may require the contractor to obtain a satisfactory bond pursuant to
29-A MRSA § 2388 to cover the cost of any damage that might occur as a result of the
overweight loads. If a bond is required, the exact amount of said bond should be
determined prior to the use of any municipal way. The Maine DOT will assist in
determining the amount of the bond if requested. A suggested format for a general
construction overlimit bond is attached. A suggested format for a construction overlimit
permit is also attached. This construction overlimit permit does not supersede rules that
restrict the use of public ways, such as posting of public ways, pursuant to 29-A MRSA §
2395.
The maximum speed limit for trucks on any municipal way will be 25 mph (40 km per
hour) unless a higher speed limit is specifically agreed upon, in writing, by the Municipal
Officers.
CITY OF BANGOR
By the Municipal Officials
Project WIN: 20855.00
SPECIAL PROVISION 105
CONSTRUCTION AREA
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MARCH 1.2, 20 1.8
A Construction Area located in the Cities of Bangor and Old Town and Towns of Alton and Orono has been
established by the Maine Department of Transportation (MDOT) in accordance with provisions of 29-A § 2382
Maine Revised Statutes Annotated (MRSA).
(a) The section of highway under construction in Penobscot County, WIN 20855.00 is on
Interstate 95 Northbound beginning at Hogan Road in Bangor and extending northerly 14.02
miles, ending at the Alton/Argyle town line.
Per 29-A § 2382 (7) MRSA, the MDOT may "issue permits for stated periods of time for loads and
equipment employed on public way construction projects, United States Government projects or
construction of private ways, when within construction areas established by the Department of
Transportation. The permit:
A. Must be procured from the municipal officers for a construction area within that municipality;
B. May require the contractor to be responsible for damage to ways used in the construction areas
and may provide for:
(1) Withholding by the agency contracting the work of final payment under contract; or
(2) The furnishing of a bond by the contractor to guarantee suitable repair or payment of
damages.
The suitability of repairs or the amount of damage is to be determined by the Department
of Transportation on state -maintained ways and bridges, otherwise by the municipal
officers;
C. May be granted by the Department of Transportation or by the state engineer in charge of the
construction contract; and
D. For construction areas, carries no fee and does not come within the scope of this section. "
The Municipal Officers for the Cities of Bangor and Old Town and Towns of Alton and Orono agreed
that an Overlimit Permit will be issued to the Contractor for the purpose of using loads and equipment on
municipal ways in excess of the limits as specified in 29-A MRSA, on the municipal ways as described in
the "Construction Area".
As noted above, a bond may be required by the municipality, the exact amount of said bond to be
determined prior to use of any municipal way. The MDOT will assist in determining the bond amount if
requested by the municipality.
The maximum speed limits for trucks on any town way will be 25 mph (40 in per hour) unless a higher
legal limit is specifically agreed upon in writing by the Municipal Officers concerned.
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MARCH 1.2, 20 1.8
GENERAL GUIDANCE
CONSTRUCTION OVERLIMIT PERMIT AND BONDING
The Maine Bureau of Motor Vehicles (BMV) establishes requirements and standards for
the permitting of non -divisible over dimensional and overweight vehicles and loads
(collectively overlimit loads) on state roads. These state motor vehicle permits are
available on-line. 29-A MRSA and Secretary of State Administrative Rules Chapters
155-157 apply. Additionally, municipalities and county commissioners may issue
overweight permits for travel on municipal and county ways maintained by that
municipality or county. These permits are typically single trip permits requiring vehicle
registration data, intended route etc.
However, in this case we're dealing with Construction Permits involving
overlimit loads in support of construction projects. According to 29-A MRSA § 2382
(7), a Construction Permit is a permit '!for a stated period of time that may be issued for
loads and equipment employed on public way construction projects, United States
Government projects or construction of private ways, when within construction areas
established by the Department of Transportation". According to 29-A § 2382 MRSA,
the construction overlimit permit must be procured from the municipal officers for
overweight loads on a municipal way in support of a construction project within that
municipality.
By signing the attached agreement, the municipality agrees to issue
construction overlimit permits to the MDOT construction contractor.
Frequently Asked Questions:
A. Why sign the document in advance of the actual construction contract?
Response: There are three primary reasons: First, to comply with 29-A § 2382.
Second, to ensure that there are no surprises regarding the use of municipal roads by the
Maine DOT contractor (to reasonably reduce risk and thus keep the cost of construction
down) and third, to ensure the town is aware of its rights to control its own roads, and its
rights to require a separate contractor's bond. (This is in addition to the Payment Bond
and the Performance Bond the Maine DOT requires of the contractor).
B. Different roads may require different levels of scrutiny. How is a posted road
handled?
Response: Despite the general construction overweight permit, the contractor
cannot exceed the load limit on a posted municipal road without specific municipal
permission. 29-A § 2395 MRSA notes that any ways requiring special protection (such
as posted roads) will continue to be protected and overweight permits are superseded by
such postings. In such a case the contractor would have to use an alternate route.
Page 1 of 3
1.8-1.29
MARCH 1.2, 20 1.8
C. Is there any reason why the contractor cannot be held to indemnify and hold
harmless the Municipality beyond the simple posting of a bond?
Response: The objective of our standard letter is to deal with overweight
equipment and trucks on municipal ways during construction of an Maine DOT
construction project. The bond merely provides a measure of protection against damage
to municipal ways as a direct result of construction activity. Other areas of risk and
indemnification are beyond the scope of our letter.
D. Are we required to obtain a bond?
Response: No. In fact, few municipalities have required a construction bond. It
is a matter of risk management.
E. If used, what amount should be required on the bond?
Response: Previous MDOT letters used to speak about a maximum bond amount
of $14,000 / mile ($9,000 / kilometer ) of traveled length, however 29-A § 2382 sets no
maximum. The amount of the bond (if any bond is required at all) is based on the
individual situation. The MDOT will assist in providing a bond amount estimate if so
requested.
F. Why the blanket approval?
Response: The blanket approval we seek is the reasonable accommodation by the
municipality to allow the Maine DOT contractor to use town ways (if required ) to haul
overweight construction equipment and trucks. This theoretically gives the municipality
and the MDOT time to discuss exceptions to a blanket approval. In general, this avoids
unnecessary risks and saves money for all concerned in the long run.
G. Who determines the suitability of repairs?
Response: For municipal ways, the suitability of repairs may be determined by
municipal officers. The MDOT will assist.
What is a non -divisible load?
Response: Per Chapter 157 (The Administration of Over -Dimension and
Overweight Permits) under the Secretary of State administrative rules (See Rule
Chapters for the Department of the Secretary of State on line), a non -divisible
load is defined as: A load which, if separated into smaller loads or vehicles,
would:
1) make it unable to perform the function for which it was intended;
2) destroy its value or;
3) require more than eight work hours to dismantle using appropriate
equipment. Sealed oceangoing containers, spent nuclear materials in
casks, and government -controlled military vehicles and their loads will be
considered non -divisible
Page 2 of 3
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MARCH 1.2, 20 1.8
I. What is the standard for Overweight trucks and equipment?
Response: Overweight means a weight that exceeds the legal limits established in
29-A MRSA Chapter 21.
J. This is an unorganized township with no county or municipal roads. Why
should I respond?
Response: Because of limited staff, we send out a standard letter to cover
contingencies and minimize risk to the construction process. From time to time
the letter may not have a practical application. In most cases of unorganized
territories, the agreement is signed and returned as a matter of routine. This
ensures that surprises will not be encountered after the start of construction
regarding travel over municipal and county ways.
Additional tips:
False Information - Permit are invalidated by false information. A permit is invalidated
by the violation of any condition specified by the terms of the permit or by false
information given on the application. On evidence of such violation of falsification, the
permittee may be denied additional permits.
Proper Registration - Overload permits do not relieve the registrants of vehicles from
their obligations to properly register their vehicles in accordance with Motor Vehicle
Laws.
Agent's Power of Attorney - If you do require a contractor's bond, make sure you have a
copy of the Surety Agent's power of attorney authorizing the surety agent to sign for the
surety. Keep the power of attorney with your duplicate original bond at the municipality.
The contractor will also have a duplicate original.
Other bonds - The Maine DOT requires a payment bond and a performance bond of the
contractor which is held against unsatisfactory performance on the part of the contractor
for all construction projects over $100,000. (The Miller Act (40 U.S.C. 270a -270f)
normally requires performance and payment bonds for any federal aid construction
contract exceeding $100,000. 14 MRSA § 871 provides a similar requirement for state
funded construction projects.) These bonds cover the proper performance of the contract
and the payment of all employees, suppliers and subcontractors.
Page 3 of 3
18 129
MARCH 12, 2018
December 10, 2004
Supercedes February 7, 1996
SPECIAL PROVISION 105
OVERLIMIT PERMITS
Title 29-A & 2382 MRSA Overlimit Movement Permits.
1. Overlimit movement permits issued by State. The Secretary of State, acting under
guidelines and advice of the Commissioner of Transportation, may grant permits to move
nondivisible objects having a length, width, height or weight greater than specified in this
Title over a way or bridge maintained by the Department of Transportation
2. Permit fee. The Secretary of State, with the advice of the Commissioner of
Transportation, may set the fee for single trip permits, at not less than $6, nor more than
$30, based on weight, height, length and width. The Secretary of State may, by rule,
implement fees that have been set by the Commissioner of Transportation for multiple
trip, long-term overweight movement permits. Rules established pursuant to this section
are routine technical rules pursuant to Title 5, chapter 375, subchapter II -A.
3. County and municipal permits. A county commissioner or municipal officer may
grant a permit, for a reasonable fee, for travel over a way or bridge maintained by that
county or municipality
4. Permits for weight. A vehicle granted a permit for excess weight must first be
registered for the maximum gross vehicle weight allowed for that vehicle.
5. Special mobile equipment. The Secretary of State may grant a permit, for no more
than one year, to move pneumatic -tire equipment under its own power, including Class A
and Class B special mobile equipment, over ways and bridges maintained by the
Department of Transportation. The fee for that permit is $15 for each 30 -day period.
6. Scope of permit. A permit is limited to the particular vehicle or object to be moved,
the trailer or semitrailer hauling the overlimit object and particular ways and bridges.
7. Construction permits. A permit for a stated period of time may be issued for loads
and equipment employed on public way construction projects, United States Government
projects or construction of private ways, when within construction areas established by
the Department of Transportation. The permit:
A. Must be procured from the municipal officers for a construction area within
that municipality;
B. May require the contractor to be responsible for damage to ways used in the
construction areas and may provide for:
(1) Withholding by the agency contracting the work of final payment
under contract; or
Page 1 of 3
18 129
MARCH H 12, 2018
December 10, 2004
Supercedes February 7, 1996
(2) The furnishing of a bond by the contractor to guarantee suitable repair
or payment of damages.
The suitability of repairs or the amount of damage is to be determined by
the Department of Transportation on state -maintained ways and bridges,
otherwise by the municipal officers;
C. May be granted by the Department of Transportation or by the state engineer in
charge of the construction contract; and
D. For construction areas, carries no fee and does not come within the scope of
this section.
8. Gross vehicle weight permits. The following may grant permits to operate a vehicle
having a gross vehicle weight exceeding the prescribed limit:
A. The Secretary of State, with the consent of the Department of Transportation,
for state and state aid highways and bridges within city or compact village limits;
B. Municipal officers, for all other ways and bridges within that city and compact
village limits; and
C. The county commissioners, for county roads and bridges located in
unorganized territory.
9. Pilot vehicles. The following restrictions apply to pilot vehicles.
A. Pilot vehicles required by a permit must be equipped with warning lights and
signs as required by the Secretary of State with the advice of the Department of
Transportation.
B. Warning lights may be operated and lettering on the signs may be visible on a
pilot vehicle only while it is escorting a vehicle with a permit on a public way.
With the advice of the Commissioner of Transportation and the Chief of the State Police,
the Secretary of State shall establish rules for the operation of pilot vehicles.
9-A. Police escort. A person may not operate a single vehicle or a combination of
vehicles of 125 feet or more in length or 16 feet or more in width on a public way unless
the vehicle or combination of vehicles is accompanied by a police escort. The Secretary
of State, with the advice of the Commissioner of Transportation, may require a police
escort for vehicles of lesser dimensions.
Page 2 of 3
18 129
MARCH 12, 2018
December 10, 2004
Supercedes February 7, 1996
A. The Bureau of State Police shall establish a fee for state police escorts to
defray the costs of providing a police escort. A county sheriff or municipal police
department may establish a fee to defray the costs of providing police escorts.
B. The Bureau of State Police shall provide a police escort if a request is made by
a permittee. A county sheriff or municipal police department may refuse a
permittee's request for a police escort.
C. A vehicle or combination of vehicles for which a police escort is required must
be accompanied by a state police escort when operating on the interstate highway
system.
10. Taxes paid. A permit for a mobile home may not be granted unless the applicant
provides reasonable assurance that all property taxes, sewage disposal charges and drain
and sewer assessments applicable to the mobile home, including those for the current tax
year, have been paid or that the mobile home is exempt from those taxes. A municipality
may waive the requirement that those taxes be paid before the issuance of a permit if the
mobile home is to be moved from one location in the municipality to another location in
the same municipality for purposes not related to the sale of the mobile home.
11. Violation. A person who moves an object over the public way in violation of this
section commits a traffic infraction.
Section History:
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1997, Ch. 144, §1,2 (AMD).
PL 1999, Ch. 117, §2 (AMD).
PL 1999, Ch. 125, § 1 (AMD).
PL 1999, Ch. 580, §13 (AMD).
PL 2001, Ch. 671, §30 (AMD).
PL 2003, Ch. 166, § 13 (AMD).
PL 2003, Ch. 452, §Q73,74 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
Page 3 of 3
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MARCH 1.2, 20 1.8
MUNICIPAL OVERLIMIT PERMIT FOR CONSTRUCTION
MUNICIPALITY:
Phone: 207- f fax: 207 -
APPLICATION FOR OVERLIMIT PERMIT TO MOVE CONSTRUCTION EQUIPMENT AND LOADS IN
EXCESS OF LEGAL LIMITS ON MUNICIPAL WAYS
Construction Time Period:
Per 29-A § 2382 (7) MRSA, application is hereby made to the MUNICIPALITY,O'F"
for An Overlimit Permit to move construction equipment, material, objects or loads in"i
ways maintained by the MUNICIPALITY in support of construction operations for the
project
Project Description:
Project Identification Number (PIN):
NAME OF PERMITTEE (Construction
STREET/P.O. BOX:
CITY:
ZIP / POSTAL CODE:
PHONE:
This obie - or,40 d can
ST
the legal limits.
legal limits over
Maine DOT
Permit is granted. A copy of this signed permit will be provided to the permittee as prove of permit. This permit
will automatically expire at the physical completion of the above construction project. The original permit will be
held on file at the municipality.
Signed:
Municipal Official
BOND #
MUNICIPAL CONSTRUCTION BOND
Date:
KNOW ALL MEN BY THESE PRESENTS: That (name of construction firm)
and the Municipality of
principal,and.................................................................. . e
a corporation duly organized under the laws of the State of
usual place of business.................................................................
as Surety, are held and firmly bound unto the Treasurer of
1.8-1.29
MARCH 1.2, 20 1.8
as
... . and having a
..... .......
th, .': Munici lity of
the Y of
and "00/100 Dollars
to be paid said Treasurer of the Municipality of', or
her/his successors in office, for which payment well and trulyato be'made, Principal and
Surety bind themselves, their heirs, executors `gild administrators9` successors and assigns,
jointly and severally by these presents,;;:
The condition of this obligation is such that `if the Principal designated as Contractor in
the Contract to construct Project Number in the Municipality of
prombtly grid faithfully performs the Contract,
without damage to the municipal ways." :other than normal wear and tear; then this
obligation shall be"'nulland void; otherwise it shall remain in full force and effect.
However, if the Princ%pal,designatle as Contractor causes damage to any municipal way
beyond" normal wear and'`tear, in the construction of the above project through the use of
legal Aveight, legal dimension trucks or equipment; or overweight or over -dimension
equip 66t. pr,� ck � (as defined in 29-A MRSA) on the municipal ways, then this bond
may be used to guarantee that the contractor either repairs or pays for the damage caused
by the use of its equipment or trucks. The degree of damage beyond normal wear and
tear will be determined by municipal officials with the assistance of the Maine
Department of Transportation.
1.8-1.29
MARCH 1. 2, 20 1. 8
The Surety hereby waives notice of any alteration or extension of time made by the
Municipality.
Signed and sealed this .................................. day of ............................................. 20......
WITNESS:
Signature....................................................
Print Name Legibly ...................................
WITNESS:
Signature....................................................
Print Name Legibly ...................................
SIGNATURES:
CONTRACTOR:
.................................44................................
Print Name Legib .....................
.......................... .....®.....................
SIGNATURES SURETY
Signature ,: �,, ............... ...........
Pr e
too ........ .' .........................
NAME OF LOCAL AGENCY: ......
ADDRESS ........................ . <N#
TELEPHONE ...........................:.. a..; ........
NAME OF SURETY
SURETY DRESS:......
BOND #
px. .......... ..........................
.........................................
IN CITY COUNCIL
MARCH 12, 2018
CO 18-129
PASSED
-,k) JP, 44464:04.1
ITY CL