HomeMy WebLinkAbout0007_4_Haul Route - Exhibit C AgreementHAUL ROUTE AGREEMENT
(LEMC Section 15.72.065)
WHEREAS, the undersigned, Robertson’s Ready Mix, whose business address is
___________________________________ herein referred to as "Contractor", has submitted
to the City of Lake Elsinore (“City”) for its approval a haul route plan for a JIC Diamond project
located on Diamond Drive; 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 CHP and/or DMV
inspections within the past 12-months.
3. Hours of Operation. Contractor shall commence the hauling process In July
2016 and shall provide prior written notice to City not less than two business days prior to the
actual commencement date. Contractor shall complete the hauling process within 100 days of
commencement. Hauling shall be conducted only between the hours of 7:00 am to 4:00 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.
7. 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.
v. 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: Robertson’s Ready Mix
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:
Susan Domen, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
“CONTRACTOR”
Robertson’s Ready Mix, a
____________________________
By: _____________________
Its: _____________________
By: _____________________
Its: _____________________