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Home My WebLink About2009-01-26 09-055 ORDERCOUNCIL ACTION Item No. 09 055 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- Pavement Milling, Asphalt Overlay for Route 202, Project #NH -1594(800)E Responsible Department: Engineering Commentary: The attached Order is a routine action that would allow overweight construction vehicles on City streets in conjunction with a pavement milling & asphalt overlay project located on Route 202 beginning at Western Avenue and extending northerly 4.02 miles to the I-395 Exit 2 eastbound ramps. The contractor will be required to repair any resultant damage to City streets. A Copy of the Agreement is attached. NOTE: This project is tentatively planned in anticipation of Economic Stimulus Funding. Manager's Comments: Associated Information Alpsensaft Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral 90�-� V�� - JQ�y Department Head A - City � RK Manager Finance Director 44� City Solicitor Page _ of _ Assigned to Councilor D' Errico 09 0 CITY OF BANGOR January 15 26, 2009 (TITLE.) Order�Authorizing the City Manager to Execute an Agreement with The Maine Department of Transportation Regarding Overweight Construction Vehicles — Pavement Milling, Asphalt Overlay for Route 202, Project #NH -1594(800)E Sy 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 in conjunction with pavement milling and asphalt overlay on Route 202, project #NH -1594(800)E. A copy of the Agreement is attached. IN CITY COUNCIL January 26, 2009 Pas ed # n9— ss O R D E R CITY CLtw (TITLE,) Authorizing the City Manager to Execute an Agreement with the Maine Department of Transportation Regarding Overweight Construction Vehicles - Pavement Milling, Asphalt Overlay for Route 202, Project #NH -1594(800)E Assigned to Councilor l J STATE OF MAINE O'� 0 S JAN 16 2009 DEPARTMENT OF TRANSPORTATION CITY NAAE$GEW;b 0,7 ICE EASTERN REGION OFFICE P.O. BOX 1208 — — 219 HOGAN ROAD JOHN ELIAS BALDACCI BANGOR, MAINE David A. Cole GOVERNOR 04402-1208 COMMISSIONER January 15, 2009 Ed Barrett, City Manager City of Bangor 73 Harlow Street Bangor, ME 04401 Subject: Hot Mix Asphalt Overlay, Pavement Milling Project No.: NH- 1 594(800)E Route 202 City of Bangor and Town of Hampden Dear Mr. Barrett: 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-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, Scott Bickford Contracts & Specifications Engineer Bureau of Project Development PRMTEDON RECYCLED PAPER THE MAINE DEPARTMENT OF TRANSPORTATION IS AN AFFIRMATIVE ACTION - EQUAL OPPORTUNITY EMPLOYER PHONE (207) 764-2060 TDD (207) 287-3392 FAX (207) 764-2030 09 o55 Project No. N H-1 594(800)E SPECIAL PROVISION 105 CONSTRUCTION AREA A Construction Area located in the City of Bangor and Town of Hampden 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, Project No. IM -1594(800)E is located on Route 202, Beginning at Western Avenue and extending northerly 4.02 miles to the 1-395 Exit 2 eastbound ramps. 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 City of Bangor and Town of Hampden 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. Return this AGREEMENT, when completed, to: Oq o 55 Maine Department of Transportation ATTN.: Mr. Scott Bickford, Contracts & Specifications Engineer #16 State House Station, Child Street Augusta, Maine 04333-0016 Project No.: NH -1594(800)E Location: City of Bangor and Towns of Hampden 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