HomeMy WebLinkAbout08 HAUL ROUTE AGREE 06-16-97AGE N DA
DATE: ~ 16, 1997
NO. 8
6-16-97
·
Intor-Gom
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF A HAUL ROUTE AGREEMENT BETWEEN THE CITY OF TUSTIN
AND THE TRANSPORTATION CORRIDOR AGENCY'S CONTRACTOR,
SILVERADO CONSTRUCTORS
RECOMMENDATION
It is recommended that the City Council, at their meeting of June 16, 1997, approve and authorize -the
Mayor to sign and the City Clerk to attest to the Haul Route Agreement between the City of Tustin and
Silverado Constructors (Silverado).
FISCAL IMPACT
None.
BACKGROUND
Silvemdo is the contractor to the Transportation Corridor Agency (TCA) to design and construct the
Eastern Transportation Corridor (ETC). The Haul Route Agreement establishes: haul routes that are safe
and acceptable for transporting earth material to and from the ETC project locations; limitations of
earthwork materials to be hauled; methodology and time frames for repair of any damages caused by
Silverado's trucks or hauling/construction activity; and indemnification of the City against all actions,
claims or damages arising out of the hauling/construction activities.
Director of Public Works/City Engineer
Nestor Mondok
Assistant Civil Engineer
TDS:NM:klb/COUNCIL:Haul Route, Agreement
Wisam Altowaiji
Associate Civil Engineer
Attachment
WI'FNESSETi'I
WHI?.R. EAS, Silvcrado Constructors, hereinafter referred to as "Silverado" is thc
contractor to the Foothill/Eastern Transportation Corridor Agency (TCA) to design and
construct the Eastern Transportation Corridor (ETC) including those portions that lie
within the jurisdictional boundaries of the City of Tustin; and
WI II';RI~AS, The City ol'Tustin, "City", is a member of the 'I'C.A and recognizes
tile necessity to lhcilitate the construction of the ETC; and
WHEREAS, Silverado and 'City desire to minimize any detrimental impacts due
to construction including earth hauling on City streets; and
WHEREAS, Silverado supports the City's need to establish haul routes that are
safe and ei'fi2clive Ibr the (ransporting of earth material lo and l¥orn the i~TC project
location: mid .
WI II!RI;AS, Silvcrmlo will not haul within local streets and weight restricted
streets as indicated in the General Plan's Circulation Element, dated February, 1994.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. Silverado shall:
a. Work with City engineering and public safety staffto develop sate
and acceptable haul routes along with documenting and inspecting with City staff; and
videotaping the pre-existing condition of the haul routes wherever earth hauling is
planned or required.
b. Comply with City permit conditions including posting appropriate
traffic regulatory and advisory signs for use of said haul routes on Jamboree Road and
Edinger Avenue, and notify businesses in the area of the proposed hauling activities. The
hauling will be limited to 20,000 CY of earthwork materials. The limited amount will
not be exceeded without an amendment to this agreement.
c. Repair damage to City streets caused by Silverado's trucks or other
trucks hauling material to the ETC sites within City's jurisdiction using said haul routes.
Repairs shall occur within the time frames stipulated by the City Engineer or his
designee. Repairs may include pavement, striping, curbs, sweeping and cleaning.
d. Notify the City Engineer, or his designee, in writing within two (2)
working days of completing use of said haul routes so that the City Engineer, or his
designee, shall be able to provide services to meet with Contractor to inspect damage to
said haul routes caused by Silverado's hauling/construction activity.
e. Indemnify the City, its officers, employees and agents against and
will hold and save them and each of them harmless from any and all actions, claims,
damages to persons or property, Penalties, obligations or liabilities that may be asserted
or claimed by any person, firm, entity, corporation, political subdivision or other
organization arising out of or in connection with the hauling construction activities of the
Contractor, its agents, employees, Subcontractors, or invitees.
_.. City and Contractor agree to work together in good faith in dctcrmining
'the extent of any damage to City streets caused by the hauling activity, and to make such
repairs as the parties deem reasonable in connection therewith. In the event that the City
and Silverado cannot agree on the extent of any damage that needs repair, the City will
prevail.
3. In the event Conlraclor filils to pcrfcmn any obligalion hcrctmdcr,
Contractor agrees Io pay ali costs and expenses incurred by City in securing performance
of such obligations, including costs of suit and reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties have hereto executed this
Agreement this
day o1' ,19
CITY OF TUSTIN
A Municipal Corporation
By:
ATTEST:
City Clerk, City of Tustin
APPROVED AS TO FORM:
City Attorney, ci~
CONTRACTOR:
Title: Pro'~eet Mana~e~.. ~ ~
Title: Deputy Pro~ect Manager
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