resolution no. .;)0//2/ - 01;3, 113a (road haul permits ... 2012-012 road... · a resolution...

BEFORE THE BOARD OF COUNTY COMMISSIONERSPACIFIC COUNTY, WASHINGTON

RESOLUTION NO. .;)0//2/ - 0 1;3,A RESOLUTION REGARDING THE SETTING OF FEES, ADMINISTRATIONAND ACCEPTANCE OF SURETY PERTAINING TO ORDINANCE NO. 113 and113A (ROAD HAUL PERMITS) AND RESCINDING RESOLUTION 99-069

WHEREAS, Resolution No. 99-069 was adopted by the Board of CountyCommissioners on June 22, 1999; and

WHEREAS, this resolution provided that in accordance with RCW 46.44.093,the Board of County Commissioners authorized road Haul Permits to be issued followingcertain criteria; and

WHEREAS, a recommendation has been received from the County Engineer toupdate and amend the criteria for issuing and collection from Road Haul Permitting; and

WHEREAS, a recommendation has been received to adopt the criteria listed inAppendix "A"; and

WHEREAS, these recommendations will improve and facilitate theadministration of Road Haul Permitting in accordance with Ordinance No. 113 and113A; now therefore

IT IS HEREBY RESOLVED that Resolution No. 99-069 is hereby rescinded;and

IT IS FURTHER RESOLVED that Appendix "A" be adopted; and

IT IS STILL FURTHER RESOLVED the attached Road Haul Agreement shallbe used for hauling in excess of 50 loads per segment of road is hereby adopted; and

IT IS FURTHER RESOLVED the attached Application to Use County Roadsas Haul Routes for hauling less than 50 loads per segment of road is hereby adopted; and

IT IS STILL RESOLVED this updated criteria shall be effective immediately .

. ',+1')Adopted this _---'/.....::0:.......· .: __ day of ?}p~)f

BOARD OF COUNTY COMMISSIONERSPACIFIC COUNTY, WASHINGTON

~-~ ~,

h irman

Commissioner/.... I',

c_~1'1/. {!,; ~#c£{

ATTEST:

APPENDIX" A"

The following criteria shall be used for administering Ordinance Nos. 113 and 113Aregarding fees for Road Haul Permits and accepting surety for potential damage to weightrestricted roads:

A. A Road Haul Permit Application Fee shall be $50.

B. The number of loads anticipated to be hauled will determine which Road HaulAgreement is executed.

C. Up to and including 50 loads may be hauled annually over a given weightrestricted County Road segment for each affected land owner hauling on theseroutes before surety is required. These 50 loads shall be exempted fromcharges for the cost of repairs for those hauling in access of 50 loads on anysegment (see attached Exhibit 1 and 2). These haulers will file theAPPLICATION TO USE COUNTY ROAD AS HAUL ROUTE FORTRANSPORTING LESS THAN 50 LOADS FORM along with a $50application fee.

D. If more than 50 loads are anticipated for hauling over any road segment, thehauler shall execute the PACIFIC COUNTY ROAD HAUL FORM and thefollowing will be applicable:

• The minimum limit for surety shall be $300.

• Surety may be in the form of a cash deposit with Pacific County, aletter of credit from a bank, a certified bond, a cashier's check orcertified check payable to Pacific County, Department of PublicWorks. Sureties shall be received by the County Engineer or his/herdesignee and accepted by the Board of County Commissioners.Securities shall be immediately placed in the care and safe keeping ofthe Pacific County Department of Public Works Accounting DivisionManager.

• The formula for computing surety for road damage is the quantity ofloads multiplied by the miles multiplied by the repair factor for thesurface type.

• At the conclusion of the hauling activity or as designated by theCounty, a load count for each hauler will be p ovided to PacificCounty. The count shall include the road name and number, theinclusive mileposts, and the loads hauled over each segment of road.If the County has reason to believe the load count is inaccurate, the

contractor-hauler may be required to provide harvest volume data asreported to the Washington State Department of Revenue.

• Following review of those segments hauled upon, Pacific County willdetermine each haulers share of restoration. The methodology used tocalculate restoration will be the number of loads multiplied by thelength in miles, multiplied by a factor to be determined by the CountyEngineer. The 50 load exemption and the $2,500 normal maintenancethat is attributed to private vehicles and light truck usage on each roadwill be credited.

• Collection will be as follows:

a. Gravel Roads = $3.00 per mileb. BST Roads = $4.00 per milec. ACP Roads = $5.00 per mile

• Payment for restoration can be in the form of a cashier's check, moneyorder, or check made payable to pacific County and shall be presentedwithin 30 days of rectifying the restoration costs.

CREDIT FOR OPENING PRIVATE LANDS:Those haulers with private land ownership in Pacific County may, at the discretion of theCounty Engineer, be granted credit for allowing public access to their lands forrecreational purposes of citizens.

Credit may include, but is not limited to, a reduction in the restoration cost calculation forvarious Pacific County roadways at the conclusion of the haul season.

This credit cannot be transferred nor accumulated for multiple years of credit.

To be eligible for this credit, the private landowner will present a proposal of publicbenefit to the County Engineer for review. The proposal will outline the benefit to thepublic that will be offered for the reduction/credit.

The proposal will be reviewed by the County Engineer with recommendation forapproval/denial submitted to the Board of County Commissioners for final acceptance.

The opportunity for credit will be reviewed individually and in a timely manner.

Total credit shall not exceed 50% oftotal amount billed for restoration.

PACIFIC COUNTYDEPARTMENT OF PUBLIC WORKS

ROAD HAUL AGREEMENT NO. ------This AGREEMENT, made and entered into this day of_____ , 20 , by and between PACIFIC COUNTY DEPARTMENT OFPUBLIC WORKS, hereinafter designated as the "County" and_____________ , hereinafter designated as the "Contractor".

WHEREAS, the Contractor plans to use county roads in transporting any item, includingbut not limited to products, equipment, materials, and/or supplies over the county roadslisted in a Haul Route attached as Exhibit "A"; and Agreement No. ; and

WHEREAS, the County is responsible for constructing, altering, improving, andmaintaining county roads under the supervision and direction of the Public WorksDirector and/or the County Engineer; and

WHEREAS, the County may limit or prohibit classes, types or weights of vehicles whichtravel on County road pursuant to R.C.W. 36.75.270 and 46.44.080; and

WHEREAS, the County and the Contractor anticipate that as a result of the Contractor'suse of County roads, accelerated deterioration may occur. Thus, repairs or improvementsmay be required and additional maintenance expenses may be incurred by the County;and

WHEREAS, the County is authorized to issue Haul Route Permits under the provisionsofR.C.W. 36.75.270 and 46.44.080.

NOW, THEREFORE, in consideration of the terms, conditions, and covenants containedherein, it is mutually agreed as follows:

1. PURPOSE STATEMENT:This Haul Route Agreement shall be completed for existing, new and expanded haulingoperations that may cause accelerated deterioration of county roads.

2. DEFINITIONS:A. Routine Maintenance. "Routine Maintenance" means grading, reshaping,

repair and/or modification of the road prism which would occur in the absenceof the use of a road as a haul route, as indicated in a regular maintenanceschedule, or at the same intervals or frequency as would normally be includedin such a schedule.

B. Additional Maintenance. "Additional Maintenance" means grading,reshaping, repair, and/or modification performed on County roads in excess ofthe same operations performed as routine maintenance by the County.

Pacific CountyRoad Haul Agreement

Page 1 of9

C. Extraordinarv. "Extraordinary" means beyond what is cornmon or usual, orused for a special service.

D. Arbitrator. "Arbitrator" means an independent civil engineer, registered in theState of Washington, who is experienced in road design, construction, andmaintenance.

E. Bond. "Bond", means a certificate, cash, or written obligation, in a formsatisfactory to the County, made by the Contractor to guarantee theperformance of its contractual obligations to the County.

F. Contractor. "Contractor" means the person/corporation entering into thisAgreement, and shall include any owner or designee, operator, manufacturer,developer, or supplier that uses County roads for the transport or any itemincluding, but not limited to, products, equipment, materials, and/or supplieswhere such use may cause accelerated deterioration of such County roads.

G. County Road. "County Road" means a street, road, or other public way,including shoulders, designated for the purpose of vehicular traffic and underthe jurisdiction of the County.

H. Director. "Director" means the County's Director of Public Works and/or theCounty Engineer, or his/her authorized designee.

1. Haul Road. "Haul Road" means any County road, bridge, or other structurewhich is used for transporting items including, but not limited to products,equipment, materials, and/or supplies and as a result incurs deterioration.

J. Haul Route. "Haul Route" means the system of haul roads between a sourcesite and the destination and/or the source site and the nearest majorintersection as determined by the County.

K. Improvements. "Improvements" means roadway prism improvementsrequired by the Director because of the Contractor's use of the haul road.

L. Right of Way. A general term denoting public land, property, or interesttherein, usually in a strip acquired for or devoted to transportation purposes.

M. Road Prism. "Road Prism" means the driving surface of a road (includingconstructed roadbed), shoulders, ditches, including backslopes, fill slopes,curbs, gutters, storm drainage facilities and sidewalks including backslopes.

3. GENERAL AGREEMENT AS TO ROAD USE:The Contractor understands and agrees that, although the haul roads covered by thisAgreement are on the County Road System and are subject to normal traffic use the


Page 2 of9

Contractor, by virtue of its extraordinary use of the roads, assumes responsibility for alldamage and additional maintenance and signing costs on such roads resulting from its useof such roads as a haul route. Such costs are to be reimbursed by the Contractor asoutlined in Section 7.

The County hereby agrees to the Contractor's use of the haul roads covered by thisAgreement, subject to the conditions contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the County or any othergovernmental entity may require to operate or move its vehicles on county roads. ThisAgreement shall not serve to relieve any operator of a Contractor's vehicle fromcomplying with applicable speed limits, weight restrictions, or other posted restrictions.

Any improvements to or widening of the road necessitated by the Contractor'soperations, including modification of roadway approaches to accommodate transportvehicles, shall be considered incidental to the hauling performed, shall be made at theContractor's sole expense unless otherwise authorized in addendum to this Agreement,and shall remain in place or be removed at the Director's choice. Any such improvementshall be authorized by County permit in accordance with Ordinance No. 113.

4. ASSUMPTION OF RISK AND LIABILITY OF CONTRACTOR:The County has not made and does not herein make any representation as to the presentor future conditions of its roads or the character of the traffic on any of its roads, and theContractor assumes all risks of damage to property of or injury to, Contractor or anyoneacting under the authority granted to the Contractor by this Agreement.

The Contractor agrees and covenants to indemnify, defend and save harmless the Countyagainst and from any loss, damage, costs, charges, liability, claims, demands, orjudgments, whether to persons or property, arising out of any act, action, neglect,omission, or default on the part of the Contractor or anyone acting under the Contractor'sauthority granted by this Agreement.

In the case any suit or cause of action shall be brought against the County on account ofany act, action, neglect, omission, or default on the part of the Contractor or anyoneacting under the Contractor's authority granted by this Agreement, the Contractor agreesand covenants to pay all costs, charges, attorney fees, and other expenses and any and alljudgments that may be incurred by or obtained against the County, including all suchcosts incurred by the County to enforce this provision.

The Contractor shall have Public Liability and Property Damage Insurance that names theCounty as an additional insured on the Policy. This insurance shall comply with thefollowing requirements of the current Standard Specifications for Roads and Bridges,published by WSDOT and the APWA, Section 1-07.18.

5. ROAD USE PLAN:The Contractor and the County have agreed to the Road Use Plan which is attachedhereto and incorporated herein as Exhibit A of this Agreement. The Haul Route


Page 3 of9

designates which County roads are to be used in this Haul Route Agreement andidentifies such roads by County Road Log and Milepost numbers.

Any variance from the approved Road Use Plan requires (1) an advance written requestto the Director by the Contractor, and (2) if the Director agrees to such use, thisAgreement shall be amended to include such additional roads. Roads so added aresubject to all Sections of this agreement and may be subject to the additional provisions.The County may require a new application.

If the Director desires to change conditions, he/she may do so at his/her discretion bysending written notice to the Contractor at least three (3) days before the effective date ofthe change. The County shall not be responsible for additional costs incurred by thecontractor resulting from changes to this agreement.

6. INSPECTION AND DOCUMENTATION:Pacific County Department of Public Works will perform at the rrummum annualinspections of all haul roads in conjunction with surface condition ratings. Deficienciesof the road prism beyond normal maintenance costs will be noted.

7. CONTRACTOR REIMBURSEMENT OF COUNTY EXPENSES:Annually the road haul permit holder will be requested to provide load counts to PacificCounty. If hauling operations conclude prior to the request for annual counts, PacificCounty should be notified and appropriate load counts provided.

The normal maintenance cost for each haul road is deemed to be $2,500/mile. Thisamount, along with the 50 or less load exemption per haul road will be deducted forrestoration costs due from the hauler.

The actual rate for compensation computed by Pacific County shall be determined by theroad surface. The hauler will receive notification from Pacific County on those costs duefor restoration.

CREDIT FOR OPENING OF PUBLIC LANDSThose haulers with private land ownership in Pacific County may, at the discretion of theCounty Engineer, be granted credit for allowing public access to their lands forrecreational purposes of citizens.





Page 4 of9

The proposal will be reviewed by the County Engineer with recommendation forapproval/denial submitted to the Board of County Commissioners for final acceptance.

The opportunity for credit will be reviewed individually and in a timely manner.

Total credit shall not exceed 50% of total amount billed for restoration.

8. DISPUTES:In the event a dispute over the Contractor's reimbursement obligations under thisAgreement cannot be resolved between the parties to this Agreement, the dispute shall besubmitted to an Arbitrator for resolution and determination. The Contractor shall,however, pay all total invoice amounts when payment is due under this Agreement. Anydisputed sums shall be held in escrow until the arbitration is completed.

The Arbitrator shall be selected by agreement of both parties. If the parties cannot agreeon an arbitrator, he/she shall be appointed by lA.M.S. The findings of the Arbitratorshall be final and conclusive as to the parties. Arbitration shall be completed within sixty(60) days of the selection of the arbitrator. The costs of arbitration shall be apportionedby the arbitrator according to the principle that the losing party should pay the winningparty's cost.

9. RESTRICTIONS:The Director has the authority to immediately restrict, during the life of this Agreement,the weight or speed of the vehicles on the roadway below the legal limits applicable tosuch roads and vehicles for the following reasons, included but not limited to:

a. Temporary road closures;b. Temporary weight restrictions caused by weather conditions;c. Weight restrictions posted on County bridges; and/ord. Where continued unrestricted use of roads under this Agreement will

endanger public health, safety or welfare thereon.

10. GENERAL TERMS:Once this Agreement has been executed and is on file with the County, the County willissue a haul route permit to the Contractor. A copy of the permit shall accompany eachvehicle of the Contractor using any County haul road, and shall be shown upon demandto representatives of the County or any law enforcement officer.

11. COMPLIANCE WITH LAWS AND REGULATIONS:The Contractor shall comply with all Federal, State, and local laws and regulations.

12. REVOCATION AND TERMINATION:this Agreement may be terminated by the Director and the haul route permit revokedwhen any of the following occurs:

a. Violation by the Contractor of any of the terms of this Agreement.


Page 5 of9

b. Untimely Contractor payment of any County invoice.c. Where continued use by the Contractor of County roads under this Agreement

will endanger public health, safety or welfare.d. The Contractor notifies the Director by certified mail that he/she has

permanently ceased hauling operations at which time a post-inspection will beconducted and an invoice issued for final payment.

Upon termination of this Agreement, for any reason, the Contractor shall immediatelydiscontinue hauling operations covered by this Agreement.

The termination of this Agreement shall not prejudice the County's right to collectdamages incurred theretofore or thereafter accruing, on account of Contractor's use of theroad.

If, after revocation of this agreement, the Contractor wishes to resume operation, theContractor shall request to enter into a new agreement.

13. SEVERABILITY:If any portion of this Agreement is held invalid it shall have no effect upon the validity ofthe remaining portions of this Agreement.

14. SCOPE AND CONSTRUCTION OF TERMS:The definitions in this Agreement shall control the meaning of terms used herein. Whereno definition is expressly stated herein, a term shall have that meaning clearly indicatedby, or reasonably implied from, the context in which such term is used.

15. NOTIFICATION:All notices and oral or written communications relating to this Agreement may beforwarded to the below named.

ON BEHALF OF THE COUNTY:

Name Title

Date

ON BEHALF OF THE HAULER:

Name Title

Date


Page 6 of9

NOTARIZATION FOR THE HAULER:

STATE OF WASHINGTON} {COUNTY OF PACIFIC }{

This is to certify that on this day of , 20 _before me, the undersigned, a notary public, personally appeared_________ to me known to be the person (s) who executed the foregoinginstrument, and acknowledged to me that signed the same as _free and voluntary act and deed; that he/she/they have the authority to sign this documentas he/she/they have indicated, and for the uses and purposes therein mentioned.Given under my hand and official seal that day of20 _

Notary Public in and for the State of WashingtonResiding in --------Commission expires _


Page 70f9

PACIFIC COUNTY AGREEMENT NO. _EXHIBIT "A"

DEPARTMEN TOF PUBLIC WORKSAPPLICATION FOR A HAUL ROUTE AGREEMENT

Pursuant to Ordinance No. 113

COUNTY ROADS TO BE UTILIZED AS HAUL ROUTE

Road Name and Number Surface Type Mileposts

HAUL PERIOD FROM: TO: _

$ Surety as computed by the attached formula shall remain in effectthroughout the life of the Haul Route Agreement.

Name

Position

Address

Address

City/State/Zip

Business Phone


Page 8 of9

BIDFORMULAFOR

ROAD HAUL AGREEMENT NO. -----

PRELIMINARY FORMULAS FOR ESTIMATING ADDITIONALMAINTENANCE FOR HAULING OPERATIONS ON COUNTY ROADS

A. No Surety is required for 50 loads or less on any segment of restricted roadB. A minimum bond will be $300

TYPE OF SECURITY PACIFIC COUNTY WILL ACCEPT:

• Cash Deposit with Pacific County• A Certified Bond from a Bonding Company• Cashier's Certified Check payable to Pacific County

FORMULA FOR SURETYGRAVEL ROAD LOADS X MILES X $3/Mile=------ ---------- ---------BST ROAD LOADS X MILES X $4/Mile = -----ACP ROAD LOADS X MILES X $5/Mile = _

Those haulers with private land ownership in Pacific County may, at the discretion of theCounty Engineer, be granted credit for allowing public access to their lands forrecreational purposes of citizens.




The proposal will be reviewed by the County Engineer with recommendation forapproval/denial submitted to the Board of County Commissioners for final acceptance.The opportunity for credit will be reviewed individually and in a timely manner.

Total credit shall not exceed 50% of the total amount billed for restoration.


Page 9 of9

PACIFIC COUNTYDEPARTMENT OF PUBLIC WORKS

PO Box 66, South Bend, WA 98586(360-875-9368 or (360) 642-9368 FAX (360) 875-9377

APPLICATION TO USE COUNTY ROADS AS HAUL ROUTEFOR TRANSPORTING LESS THAN 50 LOADS

Date of Application:

Applicant:

Contact:

Address:

Phone:

Road Name Road No. Mileposts



Items to be Transported:

Anticipated No. of Loads:

Calendar Year:

The undersigned hereby petitions to Pacific County Department of Public Works to authorize use of the County Roadsegments stated herein as a haul route for transporting less than fifty (50) loads during the calendar year stated herein.Undersigned applicant hereby agrees to the conditions attached hereto.

*Applicant is solely responsible to pay any citations issued under this permit.

Signature of Applicant: Date: _Title:

HAUL ROUTE PERMITThe applicant shall have the right and authority to enter upon the right of way of the County Road identified herein anduse the segments identified herein as a haul route for transporting less than fifty (50) loads during the calendar year statedherein, subject to the conditions attached hereto.

Approved By:Title:

Date:--------------------- -----

CONDITIONS

1. Pacific County has not made and does not herein make or imply any representation, nor shall anysuch representation be inferred, as to the present or future condition of its roadways, the suitability ofsuch roadways for the performance of the permitted activity, or the character of traffic and vehicleson any of its roads. Applicant agrees to assume all risks arising out of this permitted activity.

2. Applicant shall notify the Department of Public Works at least one week prior to initiation of haulingactivity.

3. The Applicant shall protect private and public property on or in the vicinity of the permitted activitysite. Said Applicant shall ensure that property is not removed, damaged, or destroyed.

4. Any improvements to the road necessitated by the Applicant's operations, including widening of theroad, signing, or modification of roadway approaches to accommodate transport vehicles, shall bemade at the Applicant's sole expense, and shall remain in place or be removed at the direction of theCounty Engineer. Any such improvements shall be authorized by County permit in accordance withOrdinance No. 113.

5. The Applicant, including its successors and assigns, hereby agrees to indemnify, protect and saveharmless Pacific County, and its officers and employees, from all claims, actions or damages ofevery kind and description which may accrue to or be suffered by any person or persons,partnership, corporation or other entity of any kind that arise in whole or in part from intentionaltortes), or negligent act(s) or omission(s), or strict liability of the Applicant or its employees, agents,successors, or assigns. If the above sentence applies and any suit or action is brought against PacificCounty, its officers, its employees, or any combination thereof, the Applicant, including itssuccessors or assigns, shall be totally responsible for the costs of defending the suit or action(including all appeals and attorney fees), and shall fully satisfy any judgment that is rendered againstPacific County, its officers, its employees, or any combination thereof.

6. Applicant shall comply with all federal, state and local laws and regulations during performance ofpermitted activity. The Applicant shall be responsible for obtaining any other permits or licenseswhich the County or any other governmental entity may require to operate its vehicles and transportitems on County roads.

7. The County Engineer has the authority to immediately restrict, during the duration of this permit, theweight or speed of the vehicles on the roadway below the legal limits applicable to such roads andvehicles for the following reasons, including but not limited to:• Temporary road closures;• Temporary weight restrictions caused by seasonal conditions;• Weight restrictions posted on County bridges; or• Where conditioned unrestricted use of roads under this permit will endanger public health,

safety, or welfare thereon.

resolution no. .;)0//2/ - 01;3, 113a (road haul permits ... 2012-012 road... · a resolution...

Documents