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HomeMy WebLinkAbout2009-01-26 09-053 ORDERCOUNCIL ACTION Item No. 09 05.5 Date: January 26, 2009 Item/Subject: Order, Authorizing the City Manager to Execute an Agreement with The Maine Department of Transportation Regarding Overweight Construction Vehicles - Guardrail & Drainage Improvements -- I-95 Southbound, Project #IM -1678(400)E Responsible Department: Engineering Commentary: The attached Order is a routine action that would allow overweight construction vehicles on City streets in conjunction with guardrail and drainage improvements on I-95 southbound beginning from 1.23 miles north of Bangor/Hermon town line, extending southerly 37.58 miles to 0.81 miles north of Pittsfield/Burnham town line. The contractor will be required to repair any resultant damage to City streets. NOTE: This project is tentatively planned in anticipation of Economic Stimulus Funding. Manager's Comments: r ,�,�, 01 �AA U "" `�1 Associated Information: Agreement Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral V-) - JQ�y Department Head Finance Director / ity Solicitor Page _ of _ Assigned to Councilor Blanchette 09 053 CITY OF BANGOR January 26, 2009 (TITLE.) Order, Authorizing the City Manager to Execute an Agreement with The Maine Department of Transportation Regarding Overweight Construction Vehicles - Guardrail and Drainage Improvements — I-95 Southbound, Project #IM -1678(400)E By the City Council of the City of Bangor., ORDERED, THAT the City Manager is hereby authorized and directed to execute an agreement, with the Maine Department of Transportation for transporting of construction equipment that exceeds legal weight limits over municipal roads for I-95 Southbound, Project #IM -1678(400)E. IN CITY COUNCIL January 26, 2009 P sed CITY CLERK O R D E R (TITLE,) Authorizing the City Manager to Execute an Agreement with the Maine Department of Transportation Reguarding Overweight Construction Vehicles -- Guardrail and Drainage Improvements - I-95 Southbound, Project #I4 -1678(400)E Assigned to Councilor j 1 —0 ��� _-._..y �e RECEMD S krE OF MAINE JAN 13 2049 DEPARTMENT of TRANSPORTATION / 16 STATE HOUSE STATION; CITY 11MMAGEWSiIMCR AUGUSTA, avIAINL ttti::s:r04.333-0016 JOHN ELIAS 6ALDACCI 1/9/2009 DAVID A. COLE Cs:3VERhi3Fi CdKUAlS$IOHER Edward A Barrett, City Manager City of Bangor 73 Harlow Street Bangor, ME 04401 Dear Mr. Barrett: Subject: Hot Mix Asphalt Overlay, Pavement Milling, Guardrail & Drainage Improvements Project No.: IM -1 678(400)E I-95 Southbound City of Bangor and Towns of Hampden, Hermon, Carmel, Etna, Plymouth, Newport, Palmyra and Pittsfield 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. This project is designed to be part of the anticipated Federal Economic Stimulus Package as proposed by the federal government. In the event that a stimulus package is not approved or is smaller than anticipated, the project may be delayed indefinitely. 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 29-4 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, otkerwise 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 nay attention. Should you have any questions, please contact me at 624-3410. Since ` is o d ontracts & Specifications Engineer H ureau of Project Development THE MAINE DEPARTMk.NNT OF TRANSPORTATION IS AN AFFIRMATIVE ACTION - EQUAL OPPORTUNITY EMPLOYER 39 053 Retum this AGREEMENT, when completed, to: Maine Department of Transportation ATTN.: Mr. Scott Bickford, Contracts & Specifications Engineer #16 State House Station, Child Street Augusta, Maine 04333-0016 Project No.: IM- 1 678(400)E Location: City of Bangor and Towns of Hampden, Hermon, Carmel, Etna, Plymouth, Newport, Palmyra and Pittsfield 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 39 053 Project No. IM -1678(400)E SPECIAL PROVISION 105 CONSTRUCTION AREA A Construction Area located in the City of Bangor and Towns of Hampden, Hermon, Carmel, Etna, Plymouth, Newport, Palmyra and Pittsfield 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 Somerset and Penobscot Counties, Project No. IM -1678(400)E is located on Interstate 1-95 Southbound, beginning 1.23 mi. north of the Bangor/Hermon town line (RLM 122.17) and extending southerly 37.58 miles to 0.81 mi. north of the Pittsfield/Burnham town line (RLM 159.75). 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 of cers 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 f urnishing 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 and Towns of Hampden, Hermon, Carmel, Etna, Plymouth, Newport, Palmyra and Pittsfield 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. J9 453' December 10, 2004 Supercedes February 7, 1996 SPECIAL., PROVVIMN I05 O'VERL.IMff PERMITS Title 29-A & 2382 MRSA Overlimit Movement Permits L 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 IIA 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 odyn 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 toads and equipment employed on public Yvay 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 pipe I nrl 39 053 December 10, 2004 Supercedes February 7, 1996 (2) The furnishing of 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. & 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. 39 053" 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 foe 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 permitteds 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 takes, 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 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 (AMU). 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). 39 053 GENES A L GU ANCE 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 Conrtr'ucdon 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 ref 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 a rcenaent the mei fci aG agrees to issue construction overlimit permits to the MDOT const uction contractor_ Freauen ly Asked Questions: A Why sign the document in advance of the actugt construction contract? Rnonse: 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 dawn) 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. Llifferent roads may require different levels of scrutiny: Hover is a posted toad Response nse: Despite the general construction overweight permit, the contractor cannot exceed the toad limit on a pasted 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. Ia such a case the contractor would have to use an alternate route. A 053 C. Is there anareason w -11 - -the contractor cannot be held to indemnif and hold harmless the unicipality beyond the sim 1e posting of bones Response: The objective of our -standard tetter is to deal with overweight equipment and trucks on municipal ways during construction, of an Maine ,DDT construction project. The bond merely provides a measure of protection against damag6 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 vve required to obtain a bond? Response: No. In fact, few municipalities have required a construction bond.. It is a matter of risk management. if used what`amount should be required on the band? 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 gond amount estimate if so requested. F. Wh-y 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 Wko determix-es fire suitability of re ap irs? Response:. For municipal ways, the suitability of repairs may be determined by municipal officers. The MDOT will assist. R What is anon -divisible 19ad? Res���onse: 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 �9 053 L What is the standard for Overweight trucks and 11 t3 Response; Overweight means a weight that exceeds the legal limits established in 29-A MRSA Chapter 21. J This is an unorganized townsUP wit unto or munici al roads. Whv should T respond? we send out a standard tetter to cover Rest�onse: Because of limited star contingencies and minimize risk to the construction process. From time to time the tetter 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 tins: False Tnforrnatiort - 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 in£ormatioa 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 Attorcaey - 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 $100,400. (The Miller Act (40 U.S.C. 270a-2700 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. 09 05"' MUMMAL OVERLIMff PERM ff FOR CONSTRUCTION MUNICIPALITY: Phone: 207- fax- CONSTRUCTION R 'fv[OCONSTRUCTION EQUIPMENT AND LOADS IN APPLICATION FOR&FRLiMrr PERMIT TO EXCESS OF LEGAL LIMITS ON MUNICIPAL WAYS Construction Tinte Period: Per 29-A § 2382 (7) MRSA, app&atidn is hereby. made to the MUNICIPAL171Y OF I a limits for An Overlimit Permit to move construction equipment,material, objects or toads in excess of legal over ways maintained by the MUNICIPALITY in support of construction operations for the fol'10'wing Maine IJ6T prbject Project Description: Project Identification Number (PIN): NAME OF PERMITTEE (ConstructiOu Company): STREET/P.O. BOX: CITY. STATV, 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 autotriatically expire at the physical completion of the above construction project. no original I permit will be held on file at the municipality. Signed: I OPFirini U9 0503 Date: ItNOW ALL MEN BY THESE PRESENTS. That (name ofconstruction firm) and the Municipality of as principal,and ............................. .......:................................................................. a corporation duty 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 iri the sum' of and'OO/100 Dollars to be paid said Treasurer of the Municipality of or her/his successors in office, for which payment well and truly© be made, Principal and Surety bind themselves, their heirs, executors 'and administrators, successors and assigns, jointly and severalty 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 fiulI 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 lcga,l weight; legal dimension trucks or equipment; or overweight or over dimension equipment'or triicks'(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. ��c� = ��� The Surety, hereby waives notice wPany alteration orextension mftioe,made by the Signed and sealed thim-'-.._"............ day of ......................... ........... ....... 20,..^ Signature -`'-''~-^-'—''-'—'~'-'---''-- � � Print Name Legibly ........ .......................... ^''.................................... -~^'`-~ � SIGNATURES-.. - TR- - ' � � .......... Print Name Legib.ly '--............................... � � . -.~..-.,^-'-,-^.. +.-...~,.,,..,^',, � WITNESS: mumu�AuUmaEzv: Signature ....... ................... `....................... :.................................. ......... Prio%Name.._-..-..--.-'---' Print Name .----_~----'---_ � � � � . . . . ' NAME 0FLOCAL AGENCY . ...... -'_.................................... .......... '.......... ADDRESS ............................... TELEPHONE .................... NAME OF SURETY