HomeMy WebLinkAbout8.1 Construct Truck AccessCITY CLERK FILE # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 6, 2000
SUBJECT:
Construction Truck Access Agreement with Windemere BLC Land
Company LLC, A California Limited Liability Company
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1) Resolution
2) Agreement
3) Construction Access Plan
RECOMMENDATION~d/~~opt resolution approving
execute agreement.
agreement and authorize Mayor to
FINANCIAL STATEMENT:
The developer of the Windemere Ranch project, located within
Contra Costa County, intends to use Dougherty Road within the City
of Dublin as the only truck access route to haul heavy equipment
and materials to the project site to perform grading and other
improvements on Phase One of this project. Under the proposed
agreement, the developer agrees to compensate the City for any
pavement damage to Dougherty Road within Dublin caused by the
project truck trips to the site during Phase One. Concurrently with
the execution of this agreement, the developer shall furnish the City
with a Faithful Performance Bond in the amount of $200,000 to
guarantee compensation for pavement damage on Dougherty Road.
In addition, the developer will be required to reimburse all City costs
to conduct random counts of Phase One trucks on Dougherty Road
and survey the street periodically to determine the extent of
pavement deterioration.
DESCRIPTION: Phase One of the proposed Windemere Ranch project consists of a
General Plan and Specific Plan Amendment for 2,249 residential units, as approved by Contra Costa
County on November 19, 1996 ("Phase One")° The developer has determined that, prior to October 2001,
Dougherty Road within the City of Dublin is the only track access route to haul heavy equipment and
materials to the proposed Phase One project site, located within Contra Costa County, to perform on- and
COPIES TO:
G:~DEVELOP\WindemercXAgStAgmt_06_00_Updated.doc
Windemere :BLC Land Company LLC
Teri Rie, Contra Costa County
ITEM NO. _~~
off-site mass grading and improvements. The developer plans to start Phase One construction in June
2000. This Phase is expected to last more than two years.
One of the conditions of approval by Contra Costa County for the Phase One project was to submit a
construction access plan delineating the proposed routing of heavy equipment and material hauling for
review and approval by affected jurisdictions, including the City of Dublin. Appropriate agreements, fees,
or bonds would also be determined as necessary to mitigate construction traffic impacts on the public
roads.
In compliance with this condition of approval, the applicant submitted a construction access plan that
shows Dougherty Road as the only access road to the site via 1-580. The applicant has already graded a
temporary access road to the site directly from Dougherty Road south of the Alamo Creek Bridge in
Contra Costa County. The County has concurred with the applicant that the Alamo Creek Bridge has load
limitations and cannot accommodate large and heavily loaded trucks to access the site from the north via
Crow Canyon Road or Bollinger Canyon Road. However, the applicant intends to construct an extension
to Bollinger Canyon Road east of Dougherty Road to provide for a second, northern access road to the site
by October 31, 2001. When this extension and access road are completed and opened to truck traffic, the
developer will commence using Crow Canyon Road and/or Bollinger Canyon Road as additional truck
access routes to haul heavy equipment and materials to the project site (Attachment 3).
Other alternative construction access routes considered for Phase One included Alcosta Boulevard and
Old Ranch Road through the City of San Ramon. However, it was determined that these two roads were
not designed to carry loads in excess of five tons, which eliminated any alternative construction routes to
Dougherty Road until the northern access road to the site is opened to truck traffic by October 31, 2001.
The developer intends to make 4,074 truck deliveries to the project site over a period of one year from
May 30, 2000 to May 31, 2001 (or an average of 13 truck deliveries per day) for grading and construction
for Phase One. Additional Phase One truck deliveries to the project site after May 31, 2001 have not yet
been specified. The City of Dublin is requiring the developer to enter into an agreement with the City
specifying that if Phase One truck traffic causes any distress to the pavement on Dougherty Road, the
applicant shall compensate the City for the pavement damage and guarantee this compensation by issuing
a faithful performance bond in the amount of $200,000 in favor of the City. The term of the agreement
shall expire when construction of the Bollinger Canyon Road extension and northern access road to the
site has been completed and opened to track traffic, or on October 31, 2001, whichever occurs earlier.
The developer is required under the agreement to submit a new construction truck access plan, prior to
May 31, 2001, to cover the time period from June 1, 2001 thrOugh October 31, 2001 for City review and
approval. The agreement also requires the developer to enter into a new agreement with the City for use
of Dougherty Road in Dublin for track traffic, once the initial agreement terminates.
As part of the construction track access plan submitted for the time period between May 30, 2000 and
May 31, 2001, the developer submitted a noise impact study of the proposed truck traffic on the
residential neighborhoods adjacent to Dougherty Road in Dublin. The acoustical consulting firm that
prepared the study concluded that the proposed 4,074-truck traffic within this time period would not cause
a significant increase to the existing traffic noise levels on residential units adjacent to Dougherty Road.
However, the proposed agreement limits the operation of Construction trucks on Dougherty Road (within
Dublin) to and from the project site to the hours of 9:00 a.m. to 4:00 p.m., Monday through Saturday only.
Page 2
In addition, the proposed agreement specifies that the City may conduct random counts of trucks on
Dougherty Road to verify reasonable compliance with the average 13 truck deliveries per day. The
agreement also specifies that the developer and the City will survey Dougherty Road before the Phase
One truck traffic begins, at six-month time intervals thereafter, and before the agreement terminates to
determine the extent of pavement deterioration. The developer will also be required to reimburse all City
costs incurred in conducting the random counts of project trucks and surveying pavement deterioration on
Dougherty Road during the period of the agreement.
Staff recommends that the City Council adopt a resolution approving the proposed Construction Truck
Access Agreement and authorize the Mayor to execute the agreement.
Page 3
RESOLUTION NO. - 00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING CONSTRUCTION TRUCK ACCESS AGREEMENT
WITH WINDEMERE BLC LAND COMPANY LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
WItEREAS, Windemere BLC Land Company LLC, A Califomia Limited Liability Company,
hereinafter referred to as "DEVELOPER" desires to construct the Windemere Ranch project consisting of
2,249 residential units, as approved by Contra Costa County on November 19, 1996 ("Phase One"); and
WHEREAS, DEVELOPER intends to use Dougherty Road Within the City of Dublin as the only
truck access route to haul heavy equipment and materials to the Phase One project site, located within Contra
Costa County, to perform on- and off-site mass grading and improvements, including Bollinger Canyon
Road improvements, North Bollinger Canyon Road extension, Alamo Creek bridge and culverts
improvements, water improvements, fire facilities, partial sanitary sewer and storm drain, underground
utilities, street improvements, and landscaping and lighting; and
WHEREAS, DEVELOPER intends to make 4,074 track deliveries to the project site over a period of
one year from May 30, 2000 to May 31, 2001 (or an average of 13 track deliveries per day) for grading and
construction for Phase One; and
WHEREAS, DEVELOPER intends to make unspecified additional truck deliveries to the project site
after May 31,2001; and
WHEREAS, DEVELOPER intends to complete construction of North Bollinger Canyon Road and
the northern access road extension to the project site by October 2001; and
WHEREAS, condition 278 of the Conditions of Approval of Subdivision 7976.and Development
Plan 95-3064 requires DEVELOPER to enter into an agreement with the City of Dublin to mitigate
construction traffic on roads within the City and to provide a bond to secure such obligation; and
WHEREAS, DEVELOPER may operate construction trucks on Dougherty Road within the City of
Dublin to and from the project site for Phase One from of 9:00 a.m. to 4:00 p.m., Monday through Saturday
only; and
WHEREAS, CITY will conduct random counts of DEVELOPER's trucks on Dougherty Road to
verify reasonable compliance with average daily estimates of truck deliveries per day; and
WHEREAS, DEVELOPER will submit to CITY a construction track access plan prior to May 31,
2001 to cover the period from June 1, 2001 through October 31, 2001 for CITY review and approval; and
WHEREAS, DEVELOPER agrees to compensate the City for all direct and indirect damage to
Dougherty Road within Dublin caused by Phase One truck trips; and
WHEREAS, DEVELOPER and CITY will survey Dougherty Road before the Phase One traffic
begins, at six-month time intervals thereafter, and before termination of the said agreement to determine the
extent of pavement deterioration; and
WHEREAS, DEVELOPER agrees to reimburse all CITY costs incurred in conducting random
counts of project trucks and surveying pavement deterioration on Dougherty Road during the period of the
said agreement; and
WHEREAS, concurrently with the execution of the said Agreement, DEVELOPER shall furnish
CITY with a Faithful Performance Bond in the amount of $200,000 conditioned upon the faithful
performance of DEVELOPER's obligations under the Agreement; and
WHEREAS, the said agreement shall terminate when DEVELOPER has completed the northern
access road extension to North Bollinger Canyon Road and North Bollinger Canyon Road or October 31,
2001, which ever occurs earlier; and
WHEREAS, the said agreement shall satisfy DEVELOPER's obligation under COndition 278 of
Conditions of Approval for Subdivision 7976 until the agreement terminates pUrsuant to Section 11.
Thereafter, DEVELOPER shall enter into a new agreement with CITY for use of.Dougherty Road in Dublin
for truck traffic;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the Construction Truck Access Agreement with Windemere BLC Land Company LLC, A California
Limited Liability Company.
PASSED, APPROVED AND ADOPTED this 6th day of June, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G:lDEVELOPIWindemerelreso Windemere 06 00_Updated. doc
2
CiTY OF DUBLIN
CONSTRUCTION TRUCK ACCESS AGREEMENT
This agreement is made and entered into this ~ day of ., 2000, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Windemere BLC Land Company LLC, A California Limited Liability Company, hereinafter
referred to as "DEVELOPER".
WlTNESSETH
WHEREAS, it has been determined by CITY that DEVELOPER desires to use
Dougherty Road within the jurisdictional limits of CITY as the only truck access route to haul
heavy equipment and materials to the proposed Windemere Ranch project, located within the
County of Contra Costa, to perform on- and off-site mass grading and improvements, including
Bollinger Canyon Road improvements, North Bollinger Canyon Road extension, Alamo Creek
bridge and culverts improvements, water improvements, fire facilities, partial sanitary sewer
and storm drain, underground utilities, street improvements, and landscaping and lighting; and
WHEREAS, Phase One of the Windemere Ranch project consists of a General Plan
and Specific Plan Amendment, Rezoning, Preliminary Development Plan, Final Development
Plans and Vesting Tentative Maps for 2,249 residential units, as approved by Contra Costa
County on November 19, 1996 ("Phase One"); and
WHEREAS, DEVELOPER intends to make 4,074 truck deliveries to the project site
over a period of one year from May 30, 2000 to May 31, 2001 (or an average of 13 truck
deliveries per day) for grading and construction for Phase One; and
WHEREAS, DEVELOPER intends to make unspecified additional truck deliveries to the
project site after May 31, 2001; and
WHEREAS, DEVELOPER intends to complete construction of North Bollinger Canyon
Road and the northern access road extension to the project site by October 2001; and
WHEREAS, condition 278 of the Conditions of Approval of Subdivision 7976 and
Development Plan 95-3064 requires DEVELOPER to enter into an agreement with CITY to
mitigate construction traffic on roads within CITY and to provide a bond to secure such
obligation;
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
Construction Truck Access Agreement
City of Dublin / Windemere BLC Land Company
Section 1. DEVELOPER may operate construction trucks on Dougherty Road within the
City of Dublin to and from the project site for Phase One from of 9:00 a.m. to 4:00 p.m.,
Monday through Saturday only.
Section 2. CITY will conduct random counts of DEVELOPER's trucks on Dougherty Road to
verify reasonable compliance with average daily estimates of truck deliveries per day.
Section 3. DEVELOPER will submit to CITY a construction truck access plan prior to May
31, 2001 to cover the period from June 1, 2001 through October 31, 2001 for CITY review and
approval.
Section 4. DEVELOPER agrees to compensate CITY for all direct and indirect damage to
Dougherty Road within Dublin caused by Phase One truck trips, as set forth below.
Section 5. DEVELOPER and CITY will survey Dougherty Road before the Phase One traffic
begins, at six-month time intervals thereafter, and before termination of this agreement to
determine the extent of pavement deterioration. DEVELOPER shall furnish to CITY written
documentation and videotapes of pavement conditions and deterioration on Dougherty Road.
CITY will consult with DEVELOPER regarding the pavement deterioration, the improvements
required to remedy it and the cost thereof but CITY's determination of the improvements
required to remedy the deterioration and the cast therefore shall be conclusive.
Section 6. DEVELOPER agrees to reimburse all CITY costs incurred in conducting random
counts of project trucks and surveying pavement deterioration on Dougherty Road during the
period of this agreement.
Section 7. Concurrently with the execution of this Agreement, DEVELOPER shall furnish
CITY with a Faithful Performance Bond conditioned upon the faithful performance of
DEVELOPER's obligations under this Agreement. The bond shall be in a form prescribed by
CITY, and shall be issued by a company duly and legally licensed to conduct a general surety
business in the State of California. The bond shall become a part of this Agreement.
The bond shall be in the penal sum of TVVO HUNDRED THOUSAND DOLLARS
($200,000).
Section 8.This Agreement shall not be assigned by DEVELOPER without the written consent
of CITY.
Section 9. DEVELOPER shall be responsible for any and all loss, accident, neglect, injury
or damage to person, life or property which may be the result of or may be caused by
DEVELOPER's use of Dougherty Road, and for which CITY might be held liable.
DEVELOPER shall indemnify the City of Dublin, the City Council, the City Engineer and/or any
officer, agent or employee of the City, and save them harmleSs in every way from and defend
all suits or actions at law for damage or injury to persons, life or property that may arise or be
Construction Truck Access Agreement
City of Dublin / Windemere BLC Land Company
May 22, 2000
Page 2 of 3
occasioned in any way arising out of DEVELOPER's actions under this Agreement including
DEVELOPER's contractors, agents and employees.
Section 10. In the event that legal action is instituted by either party to this Agreement, and
said action seeks damages for breach of this Agreement or seeks to specifically enforce the
terms of this Agreement, and, in the event judgment is entered in said action, the prevailing
party shall be entitled to recover its attorneys' fees and court costs.
Section 11. This agreement shall terminate when DEVELOPER has completed the northern
access road extension to North Bollinger Canyon Road and North Bollinger Canyon Road or
October 31, 2001, which ever occurs earlier.
Section 12. This agreement shall satisfy DEVELOPER's obligation under Condition 278 of
Conditions of Approval for Subdivision 7976 until the agreement terminates pursuant to
Section 11. Thereafter, DEVELOPER shall enter into a new agreement with CITY for use of
Dougherty Road in Dublin for truck traffic.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
CITY OF DUBLIN
ATTEST:
By
Mayor
City Clerk
DEVELOPER
By
Type or Print Name
G:\DEVELOP\Windemere\Truck access agmt_Updated.doc
Title
Construction Truck Access Agreement
City of Dublin / Windemere BLC Land Company
May 22, 2000
Page 3 of 3
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