HomeMy WebLinkAboutID# 15-837 Haul Route Application, Dispatch Transportation Railroad Canyon Road/Nichols RoadCITY OF
LADE 9. LSIIYOP\.E
1 DREAM EXTREMEW
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: DECEMBER 8, 2015
SUBJECT: Haul Route Application, Dispatch Transportation
Railroad Canyon Road /Nichols Road
Recommendation
Approve the request for the Haul Route including the hours of operation.
Background
In August of 2010, the City Council passed Ordinance 1271. The Ordinance requires all
projects with transportation of earth materials in excess of 5,000 cubic yards to have
their haul routes approved by the City Council. Dispatch Transportation is requesting
approval of a haul route in conjunction with the Pardee Homes project currently
underway on Railroad Canyon Road.
Discussion
Pardee Homes is currently grading a site on Railroad Canyon Road. Site conditions
have led to a shortage of material onsite. Pursuant to Lake Elsinore municipal code
15.72.065, Dispatch Transportation is seeking Council approval of the haul route. The
desired haul route is described as follows:
Travel from borrow site (Loaded Trucks)
• Nichols Road to 1 -15
• 1 -15 to Railroad Canyon Road to site
Return to borrow site (Empty Trucks)
• Railroad Canyon Road to 1 -15
• 1 -15 to Nichols Road
Haul Route Application,
December 8, 2015
Page 2
Dispatch Transportation
The majority of the import will come from a site outside the City. Some material may
come from Chandler Aggregates on Nichols Road. The import phase will occur in
December of 2015 and continue for an additional 45 working days. The applicant has
requested 120 working days to accommodate any foul weather. The approved hours of
work will be from 8:00 am -2:00 pm, to minimize the impact on the public when
schoolchildren are in transit to school. The contractor will be required to provide video
log through a third party independent company of the condition of the haul route prior to
the start of work. The contractor will also post $5,000 cash deposit that is refundable
upon the successful completion of hauling and cleanup activities. The amount of
security requested will cover both repair and cleanup of any spillage.
Conditions for this hauling process are as follows:
1. Provide equipment in the form of a Front End Loader or two (2) skid steer loaders
including operator, trailer and tow vehicle, street sweeper and dump truck to
respond to within 30- minutes of any reported spill along the haul route.
2. Distribute the haul route and hours of operations to all haul truck operators prior
to the hauling operations.
3. Provide "Slow Trucks" signs at designated locations as approved by the City
Engineer.
4. Provide a flagman to aid with traffic control at the project site entrance.
5. Provide dust control measures including water trucks at the borrow and receiving
locations.
6. Provide documentation that the trucks being used have passed CHIP and /or DMV
inspections within the past 12- months.
7. Violations of any of these conditions will result in the stoppage of work until such
time that a Safety and Compliance meeting can be held with the Inspector and
City Engineer
Fiscal Impact
Dispatch Transportation will be responsible for any damage occurring to City Streets,
and will place security with the City to guarantee such.
Prepared by: Dina Purvis
Senior Engineering Technician
Approved by: Ken Rukavins
City Engineer
Approved by: Grant M. Yates
City Manager
Attachment: Vicinity Map /Haul Route
Haul Route Questionnaire and Agreement
,r,. Of ,lih T_ City of Lake Elsinore
LAXE �LS(11 -0 ZE Department of Public Works
��V DIUAM Ex'°V^° 130 S Main Street, Lake Elsinore, CA
951 -674 -3124 fax 951- 674 -8761
Haul Route Questionnaire
Must be completed for Import/Export over 2,500 cubic yards
Job Address: 7Z�4/9 (& t^ � ci / /1ES , oni gA/i, mo C �u 4olf[�
Legal Description Tract/Parcel: 6// %iVD 36 // 8 Lot(s): iy,A-
lJ Import: CP FU /00� 000 • cubic yards ❑ Export:
cubic yards
From: Ls g ESS /r&` (/?93v�v From: Q om /Dc I !/i= C '
X ri 0� L4k:. EGS /�tlhE�
address address
Location of Staging Area:
Max Number of Trucks Staged:
Type of Truck: M4 Bottom Dump
or- Z sAk.,F C•ZS
street name, onsite, etc
❑ 10 Wheeler Dump ❑ 5 -Axle
❑ 18- Wheeler ❑ Truck and Trailer
Total # of trips per day: tjj*)(, 160 Truck Capacity: Total of cy per day: 400Q DX, Z, Z /0
(a) cubic yards (b) (a) x (b) = c
Total # of hauling days: `7S 7-0 /26 my S Total Export/Import: _ t//D r-O /00 000.ey
Proposed Hauling Days:
check
M IT 1W ITh F
Hours: From ;7:06 am
To ?: d0 pm
Owner's Name: Phone: 1?3/-yo2�
Address: /ZSD Oct
2WA Po..yrF CT, A64OX CQfO144 CA =79
Applicant's Name: 1J1/1Ud,4j Ffkfyf %/Lt+VSAP7 -- Phone: .10f, 2,09 C6U, ,G
Address: /4/03 2- 5'4AI7 -/4 8114- i9NF relori3VA- CA� 92'� `jC5 - jiS'S$j / 7q,Ck
Hauling Contractor's Name: SAxQ AS /,IPC,q„JT Phone:
Address:
/ (�(J.// • �'`1c/L/�- � !i lc%ffZE' HAct/�1 t-. - L c-'F l / r
Applicant's Signature Print Name Da
HAUL ROUTE AGREEMENT
(LEMC Section 15.72.065)
WHEREAS, the undersigned, Dispatch Transportation, whose business address is
14032 Santa Ana Avenue, Fontana, CA 92337 herein referred to as "Contractor ", has submitted
to the City of Lake Elsinore ( "City ") for its approval a haul route plan for the project known as
Phase 8, TR 36117 & 36118, Pardee Homes ; and,
WHEREAS, Contractor desires to enter into an agreement and to furnish security in
compliance with the City of Lake Elsinore Municipal Code (LEMC) Section 15.72.065.
NOW, THEREFORE, City and Contractor, in consideration of the mutual promises and
covenants set forth herein, agree as follows:
1. Approval of Haul Route. The Haul Route Plan prepared by Contractor and
attached hereto and incorporated by reference herein ( "Haul Route ") is approved by the City
subject to the conditions and restrictions set forth in this Agreement and the requirements set
forth in LEMC Section 15.72.065.
2. Conditions of Approval. Conditions of approval for this hauling process are set
forth hereinbelow. Violations of any of these conditions will result in the stoppage of work until
such time that a safety and compliance meeting can be held with the Inspector and City
Engineer .
a. Provide a video log through a third party independent company of the condition
of the haul route prior to the start of work.
b. Provide equipment in the form of a Front End Loader or two (2) skid steer loaders
including operator, trailer and tow vehicle, street sweeper and dump truck to
respond to within 30- minutes of any reported spill along the haul route.
c. Distribute the haul route and hours of operations to all haul truck operators prior
to the hauling operations.
d. Provide "Slow Trucks" signs at designated locations as approved by the City
Engineer.
e. Provide a flagman to aid with traffic control at the project site entrance.
f. Provide dust control measures including water trucks at the borrow and receiving
locations.
g. Provide documentation that the trucks being used have passed CHIP and /or DMV
inspections within the past 12- months.
3. Hours of Operation,. Contractor shall commence the hauling process within 15
days of approval of this Agreement and shall complete the hauling process within 120 days of
commencement. Hauling shall be conducted only between the hours of 8:00 am to 2:00 pm
Monday through Friday.
4. Security. Contractor promises and agrees at his own expense to adhere to the
requirements of the conditions of approval and submits with this Agreement, security for all
costs and expense of in repairing any damage to streets or other public facilities and the
removal of any deposits of earth materials or other debris resulting from the permitted
operations. The Contractor shall post security in the form of a cash deposit in the amount of
Five Thousand Dollars ($5,000.00) in compliance with the conditions of approval. The posted
security shall cover repair and cleanup of any spillage or other remedial activities and shall be
refunded to Contractor upon the successful completion of the hauling and required cleanup.
5. Default. It is further understood and agreed that upon default of any obligation
hereunder and at any time after any such default, the City may make written demand upon the
Contractor and surety to immediately remedy the default or complete the work. If said remedial
activities or completion of work are not commenced within thirty (30) days after such demand is
made and are not thereafter diligently prosecuted to completion and fully completed within one
hundred twenty (120) days after the making of such demand (or such other time as may be
contained in said demand), the City may then complete or arrange for completion of all
remaining work or conduct such remedial activity as in the sole judgment of the City may be
required. All work and remedial activity conducted by City pursuant to this Agreement shall be
at the full expense and obligation of the Contractor and surety and all without the necessity of
giving any further notice to the Contractor or surety before the City performs or arranges for
performance of any work, and whether or not the Contractor or surety have completed any of
the remaining work or remedial activity at the time. In the event the City elects to complete or
arrange for completion of remaining work, the City Engineer, upon such election, may require all
work by the Contractor or surety to cease in order to permit adequate coordination by the City
for completing any remaining work not yet completed.
6. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and representatives from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury,
bodily injury, loss of life, or damage to property, or any violation of any federal, state, or
municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or
negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts
for which they could be held strictly liable, or by the quality or character of their work or the use
of streets and highways. The foregoing obligation of Contractor shall not apply when (1) the
injury, loss of life, damage to property, or violation of law arises from the sole negligence or
willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions
of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury,
loss of life, damage to property, or violation of law. It is understood that the duty of Contractor
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates and endorsements required
under this Agreement does not relieve Contractor from liability under this indemnification and
hold harmless clause. This indemnification and hold harmless clause shall apply to any
damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to
the provisions of this Section and that it is a material element of consideration.
Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the Agreement, unless modified by the City's Risk
Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his /her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) days
prior to such change. The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses arising from work
performed by Contractor for City. In the event that Contractor is exempt from Worker's
Compensation Insurance and Employer's Liability Insurance for his /her employees in
accordance with the laws of the State of California, Contractor shall submit to the City a
Certificate of Exemption from Workers Compensation Insurance in a form approved by
the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain
commercial general liability insurance in an amount not less than five hundred thousand
dollars ($500,000) per occurrence for bodily injury, personal injury and property damage.
If a commercial general liability insurance form or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Required commercial general liability coverage shall be at
least as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may
be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non -owned vehicles, in an amount
of not less than five hundred thousand dollars ($500,000) combined single limit for each
occurrence. Automobile liability coverage must be at least as broad as Insurance
Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No
endorsement may be attached limiting the coverage.
b. Endorsements. Each general commercial liability and automobile liability
insurance policy shall be with insurers possessing a Best's rating of no less than A:VII
and shall be endorsed with the following specific language:
I. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self- insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
I
. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance coverage required
herein. Certificates of such insurance shall be filed with the City on or before commencement of
hauling activities under this Agreement. Current certification of insurance shall be kept on file
with the City at all times during the term of this Agreement.
8. Subcontractors Non- Assignability. Contractor shall be fully responsible to City
for all acts or omissions of any subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law. Neither this Agreement nor any rights, title, interest,
duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise
disposed of by Contractor without the prior written consent of City. For purposes of enforcing
this Agreement, the term "City" includes the City Council, the City Manager, the City Attorney,
City Engineer, or any of them, or any of their authorized representatives.
9. Notice. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be
addressed to the other party at the address set forth below. Notice shall be deemed
communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore. CA 92530
If to Contractor: Dispatch Transportation
Attn:
10. Authority to Enter Agreement and Administration. Contractor has all requisite
power and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each party warrants that the individuals who have signed this Agreement have the
legal power, right, and authority to make this Agreement and to bind each respective party. The
City Manager is authorized to enter into this Agreement and the Director of Public Works shall
act as the Contract administrator on behalf of the City.
In WITNESS WHEREOF, the Contractor has caused this agreement to be executed this
day of 20_
'CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
"CONTRACTOR"
DISPATCH TRANSPORTATION. a
By:
Its:
Susan Domen, City Clerk —
By:
APPROVED AS TO FORM: Its:
Barbara Leibold, City Attorney