HomeMy WebLinkAbout2018-03-26 18-144 Order
03/26/201818-144
03/26/2018
18-144
Engineering
Order
N/A
Title, Order
Authorizing the City Manager to Execute an Agreement with the Maine Department of Transportation,
Overwieght Construction Vehicles - 021674.00 Six Mile Falls Bridge Rehabilitation
This order is a routine action that would allow overweight construction vehicles on City streets in
conjunction with Maine DOT project 021674.00, Six Mile Falls Bridge Rehabilitation.
The section of highway under construction is over Route 15 "Outer Broadway" and spans the
Kenduskeag Stream. Project to begin approximately 30 feet preceding bridge abutment number 1,
extending to bridge abutment number 2 and beyond approximately 30 feet of the construction plus
approaches.
Infrastructure Committee
03/20/2018
Recommend for passage
50
Agreement Attached
Consent
03/26/201818-144
CITY OF BANGOR ORDER
03/26/2018
18-144
Davitt
Authorizing the City Manager to Execute an Agreement with the Maine Department of Transportation,
Overwieght Construction Vehicles - 021674.00 Six Mile Falls Bridge Rehabilitation
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 the Maine Department of
Transporation for transport of construction equipment that exceeds legal weight limits over municipal roads in
conjunction with MaineDot's project #021764.00 Six Mile Falls Bridge Rehabilitation located on Route 15,
Outer Broadway. The project to begin approximately 30 feet preceding the bridge abutment number 1,
extending to bridge abutment number 2 and beyond approximately 30 feet of the construction plus
approaches.
A copy of the Agreement is attached.
GRAPHIC SCALE
50 0 2{{5 50 100 200
J-
1 inch = 50 FEET
MARCH 2018
01"
Paut R LePage
Lisa Goodwin, Clerk
(.1ty of Bangor
73 Harlow Street
Bangor, ME 04401
Dear Ms. Goodwin:
18-144
MARCH 26, 2018
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Subject: Six Mile Falls Bridge Rehabilitation
Project No: 021674.00
City of Bangor
The Maine Department of Transportation will soon solicit quotes for 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 agreernent stipulates that the municipality will issue a pennit for a stated period of time to the MDOT
contractor tbr transporting construction equipment (backhoes, bulldo/ers, etc.) that cexceed legal weight limits, over
municipal roads. 'I'he agreernentacknowledges the municipality's right to require as bond from the contractor to
"guarantee suitable repair or payment of damages" per 29-A MRSA,
29-A MRSA § 2382 (7) states, that "the suifahiflr)) olfrelnWry or the amoutit q Watnage is to be determillecl
by the DeParonem ol'Trevulmo-kithm em stoie-niahituineel wvqvs oin/ bridges, otherivise /�v lht, 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 6or overweight vehicles that are operated by contractors and the Ml: OT' in connection
with the construction project.
The specific municipal roads involved are not necessarily known at prescot, as the contractors plan of
operation won't be kuMV11 U11til JUSt prior to the start of work, 11"the InLffliCipalky plans to require a bond; the
aniount ofthe bond should be deterrn i ned prior to the start of work. If the project
ject 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-;34'1 O
Si cerely,
6 G,org— A. MaCdoUga ,
(,',ontracts & Specifications Engineer
Bureau ol"ProJect Developti,ient
tl 4 V 0. N i N 0. I d I JN J " I t H
d' O Y p Y\ , 4I "
Return this AGREEMENT, when completed, to:
Maine Department of Transportation
ATTN.: George Macdougall, Contracts & Specifications Engineer
416 State House Station, Child Street
Augusta, Maine 04333-0016
18-144
MARCH 26, 2018
Project: 021674.00
Location: Route 15
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 haul non -divisible overlimit 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
overlimit 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 No. 021674.00
SPECIAL PROVISION 205
CONSTRUCTION AREA
A Construction Area located in the City of Bangor 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 the city of Bangor, Penobscot County on
Route 15 over the Kenduskeag Stream,
(b) (Broadway Street) over Kenduskeag Stream approximately 30 feet preceding bridge
abutment number I extending to bridge abutment number 2 and beyond approximately 30
feet of the construction plus approaches.
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:
(I) 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 City of Bangor 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 km per hour) unless a higher legal
limit is specifically agreed upon in writing by the Municipal Officers concerned.
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 signinz the attached agreement, the -munici-pality agrees to issue
construction overlimit permits to the MDOT construction contractor.
Frequently AskedQuestions:
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 ma re uire 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
C. Is there any reason why the contractor cannot be held to indemnify and hold
harmless the Municipality bead 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 a 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?
Reponse: 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?
Resvonse: Previous MDOT letters used to speak about a maximum bond amount
of $14,000 1 mile ($9,0001 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 a roval?
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.
H. 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
1. 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 AttoMe - 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
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 I1 -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 34 -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 overtimit 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 I of 3
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
December 10, 2004
Supercedes February 7, I996
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,
§135 (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
MUNICIPAL OVERLIMIT PERMIT FOR CONSTRUCTION
MUNICIPALITY:
Phone: 207- : 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 OF
for An Overlimit Permit to move construction equipment, material, objects or loads in excess of legal limits over
ways maintained by the MUNICIPALITY in support of construction operations for the following Maine DOT
project
Project Description:
Project Identification Number (PIN):
NAME OF PERMITTEE (Construction Company):
STREET/P.O. BOX:
CITY: STATE/PROV:
ZIP / POSTAL CODE:
PHONE: FAX:
This object or load cannot be readily reduced to the legal limits.
Signed by:
(name & title)
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
MUNICIPAL OVERLIMIT PERMIT FOR CONSTRUCTION
MUNICIPALITY:
Phone: 207- : 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 OF
for An Overlimit Permit to move construction equipment, material, objects or loads in excess of legal limits over
ways maintained by the MUNICIPALITY in support of construction operations for the following Maine DOT
project
Project Description:
Project Identification Number (PIN):
NAME OF PERMITTEE (Construction Company):
STREET/P.O. BOX.-
CITY-
OX:CITY: STATEIPROV:
ZIP f POSTAL CODE:
PHONE: FAX:
This object or load cannot be readily reduced to the legal limits.
Signed by:
(name & title)
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 , as
principal,and............................................................................................................
, a corporation duly organized under the laws of the State of ........................ and having a
usualplace of business........................................................................................................
as Surety, are held and firmly bound unto the Treasurer of the Municipality of
in the sum of
and 001100 Dollars (S )
to be paid said Treasurer of the Municipality of _ or
her/his successors in office, for which payment well and truly to be made, Principal and
Surety bind themselves, their heirs, executors and administrators, 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
promptly and faithfully performs the Contract,
without damage to the municipal ways, other than normal wear and tear; then this
obligation shall be null and void; otherwise it shall remain in full force and effect.
However, if the Principal designated 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 weight, legal dimension trucks or equipment; or overweight or over -dimension
equipment or trucks (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.
The Surety hereby waives notice of any alteration or extension of time made by the
Municipality.
Signed and sealed this .................................. day of ............................................. 20--..
WITNESS: SIGNATURES:
CONTRACTOR:
Signature.........................................................................................................................
Print Name Legibly ................................... Print Name Legibly ..................................
WITNESS: SIGNATURES SURETY:
Signature.................................................... Signature .................................................
Print Name Legibly ................................... Print Name Legibly .....................................
NAME OF LOCAL AGENCY: ...................................................................
ADDRESS...........................................................................................
TELEPHONE.......................................................................................
NAME OF SURETY
SURETY ADDRESS: .................................................................
BOND #
MUNICIPAL CONSTRUCTION BOND
Date:
KNOW ALL MEN BY THESE PRESENTS: That (name of construction firm)
and the Municipality of , as
principal,and............................................................................................................
, a corporation duly organized under the laws of the State of ........................ and having a
usualplace of business.........................................................................................................
as Surety, are held and firmly bound unto the Treasurer of the Municipality of
in the sum of
and 001100 Dollars (S )
to be paid said Treasurer of the Municipality of or
her/his successors in office, for which payment well and truly to be made, Principal and
Surety bind themselves, their heirs, executors and administrators, 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
promptly and faithfully performs the Contract,
without damage to the municipal ways, other than normal wear and tear; then this
obligation shall be null and void; otherwise it shall remain in full force and effect.
However, if the Principal designated 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 weight, legal dimension trucks or equipment; or overweight or over -dimension
equipment or trucks (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_
The Surety hereby wares notice of any alteration or extension of time made by the
Municipality.
Signed and sealed this .................................. day of ............................................. 20..... .
WITNESS:
SIGNATURES:
CONTRACTOR:
Signature.........................................................................................................................
Print Name Legibly ................................... Print Name Legibly ..................................
WITNESS: SIGNATURES SURETY:
Signature.................................................... Signature.................................................
Print Name Legibly ................................... Print Name Legibly ................................
NAME OF LOCAL AGENCY: ...................................................................
ADDRESS...........................................................................................
TELEPHONE.......................................................................................
NAME OF SURETY
SURETY ADDRESS: ............................... ...............
BOND #
}
IN CITY COUNCIL
MARCH 26, 2018
CO 18-144
PASSED
4-„ 1V tra4Gc.+�c..)
CITY CLERt
1