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City of St. Marys, PA Street Department (City of St. Marys)

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1
City of St. Marys, PA
Street Department
CONSTRUCTION
EXCESS MAINTENANCE AGREEMENT PROCEDURES
A. TYPE OF PERMIT
The City Street Superintendent (or his designate) decides what excess maintenance is
required.
1. Permit authorizes the use of construction equipment on City owned highways.
This does not permit highway excavation.
B. PERFORMANCE OF EXCESS MAINTENANCE
A determination must be made as to who is to perform the Excess Maintenance
[Option A – Municipality maintenances forces and/or its contractor(s), or Option B – the
User and/or its contractor(s)]. If the user will perform the excess maintenance (Option B
of the Excess Maintenance Agreement), the user shall provide a certificate of insurance
naming the City of St. Marys as an additional insured. This certificate should be
incorporated in the Excess Maintenance Agreement as an exhibit.
C. PRELIMINARY INSPECTION
The user shall be notified of the inspection and shall participate in the inspection. The
user shall receive a copy of the inspection report. Fees for the inspection and permit are
established by Resolution of Council.
D. AMOUNT AND TYPE OF SECURITY
The user may be required to provide an approved form of security in favor of the City of
St. Marys in the amount specified by the City.
E. ISSUANCE OF PERMIT
After the Excess Maintenance Agreement has been executed between the user and the
Municipality, the City shall issue the appropriate permit to the user. No permit shall
extend for a time period in excess of one year.
F. OTHER CONSIDERATIONS
1. The City Street Superintendent shall monitor the condition of the highway
and shall notify the user to make any necessary repairs if Option B was
selected, or repair the damage and bill the user if Option A was selected.
2. The cost to perform excess maintenance shall not be allowed to go beyond
75% of security amount without repairs being made. If no security has been
required, repairs shall be demanded when roadway causes residents and
other users distress.
3. The municipality cannot make the user improve the road, only restore it to
the state of repair existing at the time of the preliminary inspection.
4. The user is only responsible for damages caused by construction operation.
He is not responsible for normal maintenance activities that would routinely be
performed on the highway had the user not been there.
2
NORMAL MAINTENANCE vs. EXCESS MAINTENANCE
STABILIZED ROADWAYS
ACTIVITY NORMAL MAINTENANCE EXCESS MAINTENANCE
Grading and shaping
Spring and fall material to
stabilize added as needed
Grading and shaping beyond
normal maintenance.
Dust palliative
Once a year
Anything more often than once
a year.
Inlet and ditch cleaning
As needed due to storm
conditions and gradual sediment.
As needed due to run-off from
user’s approach, shoulder
deterioration arising from
bonded trucks running on
shoulders, ditches pushed shut
by bonded trucks riding on
shoulders.
Pipe replacement
When pipe wears out (25 – 30
years).
Pipe crushed due to heavy
hauling activities.
Pipe flushing
As needed due to storm
conditions and gradual buildup of
debris.
As needed due to run-off from
user’s approach, shoulder
deterioration arising from
bonded trucks running on
shoulders, pipe blocked as
result of bonded trucks riding on
shoulders.
3
NORMAL MAINTENANCE vs. EXCESS MAINTENANCE
PAVED ROADWAYS
ACTIVITY NORMAL MAINTENANCE EXCESS MAINTENANCE
Pothole patching
No patching required until three
years after a roadway has been
scratch and seal coated;
otherwise, when needed but not
more than once a year.
Potholes or wheel depressed
areas after roadway has been
scratched and seal coated
within a three year period;
otherwise, when needed but
usually not more than once a
year.
Shoulder cutting or
grading
Three to four year cycle.
Anything more often than three
– four year cycle. Shoulder
build-up due to bonded truck
running off edge of pavement.
Shoulder cutting or grading
due to roadway being pushed
down.
Inlet and ditch cleaning
As needed due to storm
conditions and gradual
sediment.
As needed due to run-off from
user’s approach, shoulder
deterioration arising from
bonded trucks running on
shoulders, ditches pushed shut
by bonded trucks riding on
shoulders.
Pipe replacement
When pipe wears out (25 – 30
years).
Pipe crushed due to heavy
hauling activities.
Pipe flushing
As needed due to storm
conditions and gradual build-up
of debris
As needed due to run-off from
user’s approach, shoulder
deterioration arising from
bonded trucks running on
shoulders, pipe blocked as
result of bonded trucks riding
on shoulders.
4
PAVED ROADS REVERTED TO STABILIZED
ACTIVITY NORMAL MAINTENANCE EXCESS MAINTENANCE
Dust palliative
Dust oil entire length as
needed.
Grading and shaping
As needed
Inlet and ditch cleaning
As needed due to storm
conditions and gradual
sediment.
As needed due to run-off from
user’s approach, shoulder
deterioration arising from
bonded trucks running on
shoulders, ditches pushed shut
by bonded trucks riding on
shoulders.
Pipe replacement
When pipe wears out (25 – 30
years).
Pipe crushed due to heavy
hauling activities.
Pipe flushing
As needed due to storm
conditions and gradual build-up
of debris.
As needed due to run-off from
user’s approach, shoulder
deterioration arising from
bonded trucks running on
shoulders, pipe blocked as
result of bonded trucks riding
on shoulders.
5
Earth or Cinders
Type 10
Surfaced Road
Stone-Slag-Shale-Gravel-Stabilized Earth-Traffic Bound, etc.
Type 20
Light Type Road
Bituminous or Surface Treatment
Shoulder
Shoulder
Total Thickness 6” or Under
Flexible Base Course
Roads with stone, slate, gravel, flint, reddog, or shale base more than 6” total thickness remain Type 30.
Predominate
Road Material
Widened Area
Widened Area
30, 40, or 50
Type 30
HIGHWAY TYPE
6
HIGHWAY TYPE
High Type Road Metal
Shoulder
Shoulder
Bituminous Concrete or
Surface Treatment
More than 6”
Stone, Slag, Gravel, Flexible Base Course
Widened Area
Widened Area
Predominant
Road Metal
40 or 50
Type 40
Shoulder
Shoulder
Road Metal
Brick, Stone or Block Pavement
Flexible Base Course
Street Surface Composite of Wood or Asphalt Streets
Predominant
Road Metal
Widened Area
Widened Area
40 or 50
Type 50
7
HIGHWAY TYPE
Shoulder
Shoulder
Road Metal
Bituminous Surface Course
Rigid Base
- PCC Pavement
- RCC Pavement
Type 60
Bituminous Surface Course
Brick Stone or Block Pavement
Rigid Base – PCC Pavement
- RCC Pavement
Type 61
Shoulder
Shoulder
Road Metal
Rigid Pavement
- PCC Pavement
- RCC Pavement
Type 70
8
APPENDIX C
BACKGROUND
The USER in the conduct of its business makes use of portions of Municipal highways
which are under the jurisdiction, maintenance, and control of the Municipality.
Pursuant to the provisions of Section 4902 of the Vehicle Code, Act of June 17, 1976,
P.L. 162, as amended, 75 PaCS 4902, the Municipality has posted gross weight restrictions on
portions of these Municipal highways.
The USER wishes to move vehicles or combinations, together with loads, in excess of
the posted gross weight restrictions over and across portions of those posted Municipal
highways.
The Municipality, pursuant to 67 PA. Code, Chapter 189, is willing to permit the
movement of the USER’S vehicles or combinations, together with loads, in excess of the posted
gross weight restrictions, conditioned upon the execution of an approved form of security by the
USER in favor of the Municipality to cover the cost of excess maintenance and restoration
necessitated by the movement in accordance with the terms, conditions, and provisions
hereinafter contained in this Agreement.
AGREEMENT
For and in consideration of the mutual promises hereinafter set forth, the parties hereto,
intending to be legally bound hereby, agree for themselves and their successors and assigns as
follows:
Permission to Move Vehicles
1. The Municipality will permit the USER to move vehicles or combinations, together
with loads, in excess of the posted gross weight restrictions on the portion(s) of
Municipal highway(s) indicated below subject to all provisions of the Vehicle Code,
Act of June 17, 1976, P.L. 162, as amended, (75 PaCS) and Pa. Code, Chapter
189.
The Municipality has issued the USER a Type ________ permit to exceed the posted
gross weight restrictions on the portions of Municipal highways identified below.
MUNICIPAL
COUNTY MUNICIPALITY HIGHWAY FROM TO
Elk
City of St. Marys
9
APPENDIX C
Joint Use
2. In the event that more than one USER makes use of the portion(s) of Municipal
highway(s) described in Paragraph 1, (above) the USER shall report to the
Municipality the amount of tonnage and or trips. The Municipality may assess and
proportion, in its discretion, the maintenance and restoration costs among the
USERS on a periodic basis or upon termination of this Agreement.
Responsibility of USER
3. The portion(s) of Municipal highway(s) and appurtenances shall be maintained to
a level consistent with the attached cross-section identified as “Type __________”,
and the portion(s) of Municipal highway(s) and appurtenance shall be restored to a
level consistent with the attached cross-section identified as “Type ___________”.
A copy of the cross-section(s) shall be attached to this Agreement as a Schedule
and made a part hereof.
The USER’S responsibility shall only extend to excess maintenance and restoration. The
non-performance of normal maintenance by the Municipality shall under no circumstances
constitute grounds for an offset or credit against any excess maintenance or restoration
responsibilities of the USER.
If the USER selects Paragraph 6, Option B, (below) the Municipality shall determine, in its
discretion, whether the excess maintenance and restoration are satisfactory.
On-Site Inspection
4. The USER and the Municipality agree that in order to determine the condition of
the portion(s) of the Municipal highway(s) and appurtenances, an on-site field
inspection shall be made jointly by the Municipality and the USER. A
memorandum shall be prepared describing the condition of Municipal highway(s)
and appurtenances together with the nature and extent of any repairs needed to
correct any existing damage for which the USER will not be liable. Photographs
may also be taken. The memorandum and photographs (if taken) shall be
incorporated as an exhibit as part of this Agreement. All costs of this inspection
shall be paid by the USER.
Maintenance Not Covered
5. The USER shall have no obligation for maintenance to remedy damage directly
resulting from acts of God or war or for routine removal of snow or ice.
Performance of Excess Maintenance and Restoration
6. Excess maintenance and restoration shall be performed in accordance with option
_____________ below.
10
APPENDIX C
OPTION A
The Municipality’s maintenance forces and/or a contractor(s) selected by the Municipality
through its prescribed procedures. The excess maintenance and restoration shall be performed
to a level consistent with that agreed to in Paragraph 3 (above). The work shall be in
conformance with Municipality Specifications and shall be supervised and inspected by
Municipality personnel.
The Municipality may invoice the USER for the estimated cost of repairs using either the
latest maintenance contract prices or the Municipality’s latest average monthly maintenance unit
prices. These estimated costs shall be computed for all damages noted on the on-site
inspection form. The USER agrees to reimburse the Municipality for all estimated costs.
The USER shall submit payment to the Municipality within 30 days from the date of
invoice. If the USER fails to make the payment, the Municipality may in its discretion:
1. Rescind the USER’S permission to move vehicles or combinations, together
with loads, in excess of the posted weight restriction over and across any
Municipality highway(s) until payment is made.
2. Terminate this Agreement.
3. Proceed against security provided pursuant to Paragraphs 7 and 13 below.
4. Any or all of the above.
OPTION B
The USER and/or its contractor(s). The excess maintenance and restoration shall be
performed to a level consistent with that agreed to in Paragraph 3 (above). The work shall be in
conformance with the Municipality Specifications. If the USER does not work, he should notify
the Municipality three days in advance of doing the work. Any excess maintenance or
restoration associated with bridges shall be specifically developed in a memorandum by the
Municipality and directed to the USER for completion. The Municipality reserves the right to
monitor or direct any excess maintenance or restoration. The USER shall reimburse the
Municipality for any expenses so incurred by the Municipality.
If performance Option B has been agreed to, the USER shall:
1. Provide proper traffic protection at all times during excess maintenance and
restoration. This protection shall comply with Municipality work area traffic
control requirements as contained in Pennsylvania Department of Transportation
(PennDOT) Specification Publication 408 and supplements thereto and
PennDOT Publication 203.
11
APPENDIX C
2. Indemnify, save harmless, and defend (if requested) the Municipality and
its officers, agents, and employees, from all suits, actions or claims of any
character, name, or description brought for or on account of any injuries,
death, or damages received or sustained by any person, persons, or property,
during the performance of the work on portion(s) of Municipal highway(s) and
appurtenances to be repaired, by or for the USER or its officers, agents,
employees, contractors, or representatives, whether the same be due to the
use of defective materials, defective workmanship, neglect in safeguarding
the work or by or on account of any act, omission, neglect, or misconduct
of the USER or its officers, agents, employees, contractors, or representatives,
during the performance of the work.
3. Provide evidence to the Municipality of public liability insurance for bodily
injury and property damage in the minimum amounts of
n
$250,000 each person,
n
$1,000,000 each occurrence. The insurance policy shall cover any loss that
might occur during the performance of any excess maintenance or restoration
by the USER, or its officers, agents, employees, contractors, or representatives.
The Municipality shall be named as an additional insured on the certificate of
insurance. A copy of the certificate of insurance shall be attached to this
Agreement as an Exhibit. This insurance shall neither be changed nor cancelled
without forty-five days advance written notice of such change or cancellation.
This advance written notice of change or cancellation shall be forwarded to
the Municipality located at _________________________________________.
4. Promptly perform excess maintenance or restoration as needed. If the
Municipality determines that the USER is not maintaining or restoring the
Portion(s) of Municipal highway(s) and appurtenances to the level agreed to
In Paragraph 3, (above) the Municipality and the USER shall promptly perform
the required excess maintenance or restoration.
5. If the USER fails to perform the excess maintenance or restoration promptly
after receipt of notice, the Municipality may, in its discretion:
a. Rescind the USER’S permission to perform excess maintenance
and restoration, and to move vehicles or combinations, together
with loads, in excess of the posted weight restriction over and
across any Municipal highway(s) until necessary excess
maintenance and restoration are satisfactorily performed or
costs thereof are paid.
b. Maintain or restore the portion(s) of Municipal highway(s) and
appurtenances with the USER reimbursing the Municipality for
all costs so incurred.
c. Proceed against security provided pursuant to Paragraphs 7
and 13 below.
d. Terminate this Agreement.
e. Any or all of the above.
11 Lafayette St, Saint Marys, PA 15857
12
APPENDIX C
Security
7. To secure the performance of the USER’S obligations, the USER shall execute
and deliver to the Municipality the following type(s) of security in the amounts
as indicated.
a. Irrevocable Letter of Credit $________________________
b. Certified Check $________________________
c. Cashier’s Check $________________________
d. Bank Account $________________________
e. Certificate of Deposit (cash value) $________________________
f. Security Agreement $________________________
g. Escrow Agreement $________________________
h. Performance Bond $________________________
i. Other $________________________
Security option(s) _______________________ in the total amount of
$______________________ has (have) been agreed to.
This Agreement, together with the type(s) of security provided, may be filed in
the appropriate prothonotary’s office or other registry in a manner and at such
time and frequency as the Municipality deems proper. The USER shall pay
costs of such filings.
a. A copy of the security(ies) shall be attached to this Agreement as
Exhibit(s)
Liability of USER
8. The USER shall be liable for all costs of excess maintenance and restoration
and all other expenses incurred pursuant to this Agreement. The USER’S
liability shall not be limited to the total amount of security shown in
Paragraph 7 (above).
Termination
9. The USER and the Municipality retain the right to terminate their future
obligations under this Agreement at any time by submitting a written
notice of intent to terminate. As soon as possible after receipt of such
notice, the Municipality and the USER’S representatives shall inspect
the Municipal highway(s) and appurtenances. The Municipal highway(s)
and appurtenances, if Paragraph 6 Option B was selected, shall be
restored to a level consistent with that agreed to in Paragraph 3 (above).
Restoration shall be performed by the party(ies) agreed to in Paragraph
6 (above). Thereupon this Agreement shall be terminated and of no further
force or effect and all security delivered to the Municipality by the USER
shall be released.
13
APPENDIX C
Revocation of Permit
10. The Municipality may revoke the USER’S permit and may pursue whatever
legal remedies it deems proper, if it determines in its discretion, that the
USER is not in compliance with any provision of this Agreement. In the
event the USER has concluded its operations on any or all portions of
highway covered by this Agreement, the Municipality may, in its discretion,
revoke the USER’S permit(s) to operate on any other highway(s) under any
other similar Agreement.
Closing of Municipal Highways
11. This Agreement shall not prohibit the Municipality from closing a highway or
bridge to any vehicle or combination in excess of a specific weight if such
closing is authorized by law and is necessary for safety, or is a temporary
closing due to climatic conditions or an act of God or war.
Effective Date
12. The effective date of this agreement shall be the date upon which the on-site
inspection memorandum is signed by the USER and the Municipality. The
effective period of this Agreement shall continue from its effective date until
the date of its termination as provided for herein.
Additional Security and Termination
13. In addition to the Municipality’s right of termination set forth above, the
Municipality shall have the right to require additional security upon that
date that the Municipality determines, in its discretion, that the aggregate
amount of damage to the Municipal highway(s) exceeds 75% of the face
amount of the security furnished. If additional security is required, it shall
be retained by the Municipality until all excess maintenance and restorations
have been completed. Failure to provide such additional security as is
required shall constitute a breach of this Agreement.
Attest City of St. Marys
___________________________________ By: ______________________________
City Manager
Attest USER
___________________________________ By: ______________________________
Date Title Date
14
APPENDIX C
EXCESS MAINTENANCE AGREEMENT
Agreement Number: _____________________
EXCESS CONSTRUCTION MAINTENANCE AGREEMENT ___________________________,
User _____________________________________________________________________ of
____________________________________________________________________________
DEFINITION
USER means that user who signs and executes this Agreement.
Municipality means the City of St. Marys acting through its Municipal Officials.
Appurtenance means the property lying within the right-of-way of a highway, together with any
improvement placed within this right-of-way.
Bridge means any structure including supports, erected over a depression or any obstruction
such as, but not limited to, water, highway, or railway and having a track or passageway for
carrying traffic or other moving loads and having an opening measured along the center of the
roadway of more than eight feet between supports.
Highway means any highway or bridge on the Municipality’s system of highways and bridges,
including the entire width between right-of-way lines over which the Municipality has assumed,
or has been legislatively given, jurisdiction.
Excess Maintenance means maintenance or restoration or both (but not betterment) of a
highway (in excess of normal maintenance) caused by construction procedures.
Normal Maintenance means the usual and typical activities necessary to maintain the roadway,
shoulders, drainage facilities, and other appurtenances in the state of repair existing at the date
of the inspection.
Over-Posted-Weight-Vehicle means a vehicle or combination having a gross weight in excess of
a posted weight limit.
15
City of St. Marys, PA
Street Department
APPENDIX D
APPLICATION
Name _____________________________________________________________________________
Address __________________________________________________________________________
Telephone # _________________________________ FAX # _______________________________
City road/street _____________________________________________________________________
Location: From _____________________________________________________________________
To _____________________________________________________________________________
Approximate distance _____________________________________________________________
Maintenance: Option A Option B (circle one)
Signature _______________________________________________ Date _____________________
**This permit is not valid until signed by the City Manager or authorized representative.**
By signing this application you are agreeing to all terms and condition of this agreement.
Permit
Permission is hereby granted to ________________________________________________________________
for movement of vehicles in excess of _____________ tons over ____________________________________
road/street.
_____________________________________________ ___________________ ____________________
City Manager/Street Superintendent Date Expiration Date
THIS PERMIT IS VALID ONLY FOR THE SIGNEE OR IT’S LEGAL REPRESENTATIVES.
THIS PERMIT IS NOT TRANSFERRABLE.
Agreement # ___________________
Issue Date _____________________
Fee __________________________
Paid _________________________
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Completed 16 July 2020

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