HomeMy WebLinkAbout2008-10-27 08-240 ORDERCOUNCIL ACIION
08 34
Item No,
Date: October 27, 2007
Item/Subject Order, Authorizing the City Manager to Execute an Agreement with Me Maine Department
of Transportation Regarding Overweight Canstru mon Vehicles -1-95 Nouhbound Bridge
#5795 @ I-95 Southbound Surge #1428 Rehabilitation Project No. BH -1651(000) —
Industrial Spur—I-395
Responsible Department: Engineering
Commentary:
The attached Order is a routine action Mat would allow overweight construction vehicles on any streets In
conjunction with the Industrial Spur - I-395 project over the Interstate. The contractor will be required to
repair any resultant damage to City streets. The project is expected to start this fall and be completed next
year.
A Copy of the Agreement is attached.
U V)
Department Head
Manager's Comments:
,qµ R P,� City Manager
Assatlatad Information
Budget Approval:
Finance Director
=M
_2L Passage
_First Reading Page _of_
Referral
Aeaigued to Councilor 0tacaick October 27. 2000
CITY OF BANGOR
A
(TITLE.) Order,Authodzing the City Manager to Execute an Agreement with the Maine
Department of Transportation Regarding Overweight Construction Vehicles -
I-95 Northbound Bridge #5795 & 1-95 Southbound Bridge #1428 Rehabilitation
Project No. BH -1651 - Industrial Spur -1-395
By the City Camxll of Me dtyOfBangor:
fiL•Jptl:J1q
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 limffi over municipal roads fon
the Industrial Spur- I-395 over the interstate.
A copy of the Agreement is attached.
IB CITY COYYCII.
Octmh r 29, 2008 1
ras.. ..a ..�
ecuty)Ann Agreement
tM C1ta a Maine t
Bzec an Agreement with the Maine
-r
Overweight ConstructiGnTmmnapaxLaLj
- I-95
Sonthhoand Bridge 11428 8ehandlitatim
I-395
Nvlgo¢J bCauoulor
M
RECEIVED
Ed Parrott, City Manager OCT 20N08
City of Bangor c�rrxavneansornen
73 Harlow St.
Bangor, M1i OWI
Ocmber i5, 2008 Subject: 1-95 Northbound Bridge No. 5795
& 1-95 Southbound Bridge No.1428
Rehabilitation
Project No: BH -1651(000) & BH -1651(100)
City of Bangor
Dear Mr. Banner
The Maine Department of Transpora ion will soon advertise the subject project
forcorse von, 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 Ne 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 constuction equipment
(backhoes, bulldozers, etc.) that exceed legal weight limits, over municipal mads. The
agreement acknowledges the municipality's right m 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 satiability of repairs or the amoam of
damage a to be determined by the Depacgwmr of Z ugoparrarion on state-mdrvamed
ways andf bridges, otherndse by the municipal Viers". In other words, municipal
Officers detemdne the suitability of sepaim on municipal ways and bridges.
The State cannot force municipalities to allow overweight vehicles m travel an
posted municipal toads. Municipal postings supersede overweight permits. However,
the agreement returnee mutucipalities to make reasonable accommodations for
overweight vehicles that are operated by contractors and the M T in connection with
the construction project
The specific municipal mads involved are not necessarily known at present, as the
contractor's plan of operation won't be known until just prior m 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. U the project number administratively changes, you will he notified,
and the agreement mo i fled accordingly. Please remm the completed agreement to my
attention. Should you have my questions, please contact me at 624-3402.
Sincerely,
Devin Anderson
Project Manager.
Bureau of Project Development
Retain 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. BH -1651(000) & BH -1651(100)
Location: I-95 Industrial Spur over 1-395
Pursuant to 29-A MRSA § 2382, the undersigned municipal officers of the City of
Bangor agree that a construction ovedinti[ 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
detemrining the amount of the bond if requested. A suggested fomin 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 m ixinurm speed limit for trucks on any municipal way will be 25 mph (40 km per
how) unless a higher speed limit is specifically agreed upon, in writing, by the
Municipal Officers.
CITY OF BANGOR
By the Municipal Officials
08 340
Project No. BH -1651(000) &BH-t651(IW)
SPECIAL PROVISION 105
CONSTRUCTIONAREA
A Constoition Area located in the City of Bangor has been established by the Maine Department of
Transportation (MOOT) in accordance with provisions of 29-A § 2382 Maine Revised Statims Annotated
(MRSA).
(a) The section of highway under cons moron located on Intestate 95 northbound bridge No.
5795 and Interstate 95 southbound bridge no. 1428 over Interstate 395 approximately 1 mile
south of route 2A.
(b) (Inmrsmte 95) northbound bridge no. 5795 and southbound bridge no. 1428 approximately
25'-O" preceding abutment no.I to abutment no.2 and beyond approximately 25'-0'C
Per 29-A § 2382 (7) MRSA, the MDOT may "issue permits for aimed periods of time for loads and equipment
employed on public way construction projects, Untied States Government projects or construction of privme
ways, when within construction areas established by the Department of Traportation. The permit:
A. Must be procaredfrom the municipal officersfora construction area within thin municipality,
B. May require rhe contractor to be responsible for damage to ways aced in rhe construction areas and
maypmadefor.
(1) Wdiholifin8 by the ageruy contracting the work affirm!Payniem under contract; or
(2) The furnishing of a bond by the contractor to guarantee sumable repair or payment of
damages.
The suhability of reports or the amount of console us to he determined by the Department of
Transporrmtos on state -sem m usif ways aM bridges, otherwise by the municipal officers;
C Maybe grmted by the Department of Trmuporration or by Me mase engineer is clause of the
construction contract; ma!
D. For construction areas, carnes nafee aM does not come within she scope of this section"
The Municipal Officers for the City of Bangor agreed that an Overlimit Person will he 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 "Constalmon Area".
As noted above, a bond may be required by the mormpli ity, the exam amount of said bond to be deorminedi
poor 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 locks on any town way will be 25 mph (40 km per hour) unless a high" legal
limit is specifically agreed upon in writing by the Municipal Offrous concerned.
me
MUNICIPAL OVERLIMIT PERMIT FOR CONSTRUCTION
A ]JI TION FOR OVE W!T FEMv[1T TO MOVE CONSTRUMON EQUPME.kFiNp ANDLOAD.SIN
EXCFSS OFIWO LIMTFS ON MUMCIPAL WAYS
Per 29-A 12382 (7) MRSA, application is hneby made to the MUMCIPALTIT OF
for An Overlimit Pe snit to move consWction eyuipmen4 matccial, objects or lands in excess of legal limits over
ways maintained by the MUNI(TPALTfY in support of construction operations for the following Maine DOT
project
Project Description:
Project Idevtificatim Nnrvber (PINT:
NAME OF PP.RIvQRPE (Constrvmiov Compmy):
STl2EEf/P.O. BOX:
CITY: STAT ROV:
ZB/FOSTALCODE:
PHONE: FAX:
Thia object err load cannot be readily teduced to the legal linin.
gigrwd by:
(vauc&due)
PermitEgrmhd. Acapy af[hu aigvedpe«mi[will be providMbthepervtitne a¢pmve afpamit. Thin pa®t
will onMaa the untireazthe physical compledm of tMabovecovsvvction project. The origivalpamit w0l be
held on fik v ti¢e mwiapatity.
Signed:
Municipal Official
Date:
MUNICIPAL CONSTRUCTION BOND
08 340
I OW AL1. MEN BY THESE PRESENTS: That (name of construction firm)
and the Municipality s4 as
principal,and............................................................
a corporation only organized under the laws of the Same of .......... ...... ......_ and having a
usual place of business.........................................................................................................
as Surety, are held and hardly board unto the Treasurer of the Municipality of
in the sum of
and 00/100 Dollars ($ )
to be paid said Treasurer of the Municipality of or
heolsis successors in office, for which payment well and holy to be made. Principal and
Surety, bind themselves, their heirs, executes and admirdstators, successors and assigns,
jointly and secondly by these presents.
The condition of this obligation is such but if the Principal designated as Contactor in
be Contract to consumer Project Number in the Municipality of
promptly and faithfully performs be Contact,.
without damage to the municipal ways, other Nan normal wear and rear, then this
obligation shall he nut and void; oNervrise it shall remain in fall force and effect.
However, if the Principal designated as Contractor causes damage to any municipal way
beyond normal wear and tear, in the consnucton of the above project through the use of
legal weight, legal dimension trucks or equipment or overweight or over -dimension
equipment or trucks ba% defined in 29-A MRSA) on the municipal ways, then this bond
may he used to guammuse Nat be contactor either repairs or pays for the damage caused
by the use of its equipment or tucks. The degree of damage beyond normal went and
tear will the determined by municipal officials with the assistance of the Maine
Department of Transponaton.
m
The Surety hereby waives notice of any alteration or extension of time made by the
Municipality.
Signed and sealed this ..................................
dayof........... .,............. ................. 120 ..... .
WITNESS
SIGNATURES:
CONTRACTOR:
Si%nature................
.................................... ....... ......................... .
Print Name Ugibly...:...............................
Print Name Legibly....................:.
WITNESS:
SIGNATURES SURETY:
Signature....................................................
Signanue .................................................
Mat Name ugibly................. .................
Print Name Ugibly... ....... I.........................
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. new 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. new permits are typically single trip permits requiring vehicle
registration dam, intended route sm.
However, in this rase we're dealing with Construction Perndts involving
overlimit loads in support of construction projects. According m 29-A MRSA § 2382
(7), a Construction Permit is a permit "for a stared period of time that may be issued for
loads and equipment employed on public wayconstrucrion ispuecty United States
Govemment projects or construction of privare ways, when within mmserverwn areas
established by the Department of Transportation". According in 29-A § 2382 MRSA,
the construction overhaul permit most be procured from the municipal officers for
overweight loads an a municipal way in support of aconstruction project within that
municipality.
By siccing the attached amwememl, the municipality ounces to issue
construction overlhat permits on the MBOT construction contractor.
Practically Asked Oncstions:
A Why sign the document in advance of the acetal coastroetl a
Response. There are three primary, reasons: First, in comply wish 29-A § 2382.
Second, in ensure that there are no surprises regarding the use of municipal roads by the
Mame DOT contractor (to reasonably reduce tisk and Nus keep the cost of construction
down) and third, to ensure the town is aware of its rights m control its own mads, and its
rights to reform a separate contractor's bond. (This is in addition to the Payment Bond
and the Performance Bond the Maine DOT requires of she contractor).
B Different roads may mouire diffiensun levels f scratiny. How is a posted road
handled?
Response. Despite the general construction overweight pemdS the contractor
cannot exceed the load limit on a posted municipal road without specific municipal
permission. 29-A § 2395 MRSA nems that any ways requiring spemal protection (such
as posted roads) will continue to be protected and overweight permits am superseded by
such postings. In such a case she contractor would have to use an alternate mum.
Page I of 3
C. Is Nero ov mason why the contractor cannot be held 0 indem ifv and hold
harshiem the Municipality bevond the simple nation of a bonds
Readonse: The objective of our standard letter is to deal with overweight
equipment and cracks 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 (be scrape of our letter.
D. Are we recumil to obtain a bond
Aeso et.. No. In fact, few municipalities have required a construction baud. R
is a miner of risk management
E. ff used. what amount should be momred on the bo ?
Remorse Previous Ir1DOT letters used m speak about a maximum bond amount
of $14,000 / mile ($9,000 / kilometer ) of raveled length, however 29-A § 2382 was no
maximum. The amount of the bond (if my bond is requited 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 amovalo
Response- The blanket approved we seek is the reasonable accommodation by the
municipality to allow the Maio DOT contractor muse town ways (if required ) to haul
overweight construction equipment and trucks. This theareocally gives the conic ty
and the MDOT rime to discuss exceptions to a blanket approval. In general, this avoids
unnecessary risks and saves money for au concerned in the long run.
G. Who demmines the suitability of memsT
Response. For municipal ways, the suitability of repairs may be demrnmail by
municipal officers. The MDOT will assist.
H. What is a non -divisible load?
Readamse: Per Chanter 157 (The Administration of Over -Dimension and
Overweight Permi under the Secretary of State administrative rales (See Rule
Chapters for the Departricnt of the Secretary of Some on line), a non -divisible
load is damed as: A load which, if separated into smaller ]ands or vehicles,
would:
1) make it unable to perform the function for which itwas intended;
2) destroy its value or;
3) mquim more than eight work hors to dismantle using appropriate
equipment Sealed oceangoing containers, spent nuclear mamrian; in
casks, and govenunentcontrolled military vehicles and their loads will be
considered on-0ivisible
Page 2 of 3
I What is the standard mr Over%yeight marks and Nummeint
Rem Overweight means a weight that exceeds the legal limits established in
29-AMRSACbapter2L
I This is 'zed township vo'N no county or municipal roads. Wh
abouldtresoond?
Response. Because of limited staff, we send out a standard letter to cover
contingencies and minimize risk to the consmuction process. Prom time m fine
the letter may not have a practical application. In most cases of unorganized
(Brun usi, the agreement is signed and returned as a matter of routine. This
ensures that surprises will not be encountered after the scan of construction
regarding travel over municipal and county ways.
Additional fins -
Palle Information - Permit aro invalidated by false information. A permit is invalidated
by the violation of any condition specified by the terms of the pemdt or by false
information given on the application. On evidence of such violation of falsification, the
permittee may be denied additional peones.
lirncer Registration - Overload pemrits do not relieve the registrants of vehicles from
thew obligations in property register their vehicles in accoNance with Morar Vehicle
Laws. -
Agent's Power of Attomev - U you do requim 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
suety. Keep the power of attomey with your duplicam original bond at Ne municipality.
The contractor will also have a duplicate original.
Other bonds - The Maine DOT requires a payment bond and a performance bond of the
contracts which is held against unsatisfactory performance on the part of the cannoneer
for all concoction protects over $100,000. (The Mille Act (40 U.S.C. 27W-2)Of)
normally requires performance and payment bonds for any federal aid constriction
commit exceeding $100,000. 16 MRSA $ 871 provides a similar requirement for stare
funded connotation projects) These bonds cover Ne proper performance of the contract
and Ne payment of all employees, suppliers and subcontractors.
Page 3 of 3
08 340
December 10, 2004
Supercedas Pebmary 7, 1996
SPECIAL PROVISION 105
OVERLIMIT PERMITS
Title 294 62382 MRSA OverliMt Movement Parents.
1. Overbought movement permits issued by State. The Secretary of State, sating under
guidelines and advice of Ne Commissioner of Transportation, may grant permits to move
nondivisible objects having a length, width, height ar weight Beazer than specified in Nis
Title ova 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 nip permits, at not less than $6, nor more Nan
$30, based on weight, height, lengthand width. The Sean ary 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 roles pursuant in Tide 5, chapter 375, subchapter R -A.
3. County and municipal permits. A county commissioner or municipal officer may
grant a p rnriq for a reasonable fee, for travel over a way or bridge maintained by Net
county or municipality
4. Permits for weight. A vehicle granted a permit for excess weight most first be
registered fmthe maximum gross vehicle weight allowed fm that vehicle.
5. Special mobile equipment. The Secretary of State may grant a permit, for no more
than one year, to move pneumatic fire equipment under its own power, including Class A
and Class R special mobile equipment, over ways and bridges maintained by the
Department of'lymmspromion. The f for that permit is $15 for each 30 -day period..
6. Scope of permit. A permit is limited to Ne particular vehicle or object in be moved,
Ne nailer or semitrailer hauling the ovediot object and particular ways and bridges.
7. Construction permits. A permit her a stated period of time may he issued for loads
and equipment employed on public way constructed projects, United States Government
projects or construction of private ways, when within construction areas evublisbM by
the Department of Transportation. The getting:
A. Must be procured from the municipal officers for a construction area within
that municipality,
B. May mequme the co marcor no be responsible for damage to ways used in the
construction areas and may provide for:
(t) Withholding by the agency contacting the work of final payment
under carrier; or
Page 1 of 3
December 10, 20M
Supersedes February 7, 1996
(2) The famishing 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.
S. Gross vehicle weight permits. The following may giant permits to operate a vehicle
having a gross vehicle weight exceeding the prescribedA our:
A. The Secretary of Stare, with the consent of the Depmtmrnt of Transportation,
f 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
programed mmtory.
9. Pilot vebictes. The following restrictions apply in pilot vehicles.
A. Pilot vehicles required by a permit must be equipped with warning lights and
signs as repaired by the Secretary of State with the advice of the Departivent of
Transportation,
B. Warning lights may be operated and Ieneang 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 Transportatlon and the Chief of the Same Police,
the Secretary of State shall establish rules for the operation of pilot vehicles.
9 & Police escerL A person may not operate a single vehicle or a combination of
vehicles of 125 feet or mare in length or 16 feet or mom in walm on a public way unless
the vehicle or combination of vehicles is accompanies by a police escort. TAe Secretary
of State, with the advice of the Commissioner of Transportation, may require a police
meat fm vehicles of lesserdimenslons.
Page 2 of 3
08 q40
December 10, 2004
Supersedes February 7,19%
A. The Bureau of Some Police shall establish a fee for stare 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 perrawe. A county sheriff or municipal police department may refuse a
perminee'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 Nose for Ne swam 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 N the municipality to another location in
the same municipality for purposes not related to the sale of the mobile home..
11. V'mlation. A person who moves m object over the public way in violation of this
section commits a traffic induction.
Section 1Bstory:
PL 1993,
Ch.
683,
§A2 (NEW).
PL 1993,
Ch.
683,
§B5 (AFF).
PL 1997,
Ch.144,
41,2
PL 1999,
Ch.
117,
§2 (AMID.
PL 1999,
Ch.
125,
§1
PL 1999,
Ch.
580,
§13 (AMID).
PL2001,
a.
671,
§30
PL 2003,
Ch.
166,
§13
PL 2003,
Ch.
452,
§Q73,74
PL 2003,
Ch.
452,
§M (AFF).
Page 3 of 3