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05-3346 (BLCK)4', Plk BOX 1504 .. 78-495 CAL- LE TAMPICO r LA QUINTA,.CALIFORNIA 92253 BUILDING & SAFETY'DEPARTMENT Applicant: Architect or Engineer: BUILDING PERMIT AUG 0 4 2005 - Owner: SANTA ROSA DEV 40847 SANDPIPER CT PALM DESERT, .. CA 92.260 VOICE (760).777-7012 FAX (760) 77.7-701,1. INSPECTIONS (760) 777-7153 Contractor: - CASA VERDE LANDSCAPE MAINT COR 783.41 DARBY, ROAD BERMUDA DUNES, CA 92201--0 . / (7.60)320-8755 / Lic. No. 624647 r LICENSED CONTRACTOR'S DECLARATION. ;,4 WORKER'S COMPENSATION DECLARATION `. 'I Fe"reby affirm under penalty of perjury that I am licensed under provisions;of:Chaptea9•Icommencing,with I hereby affirm:under.penMt'y of.perjury one­ofAe following declarations: Section 70001 of=Division 3 of the. Business and`Professionals Codb, and 'my1icerise.is--in full foice and effect.- _ I have and will maintain.a.certificate of consent toself-in-surefor workers' compensation, as provided . LicenseClass: C-27 F.. - License No.: 6245.4,7' c- for by.Section 3700 of•the Labor. Code, for the performance of the, work for which this permit is • . ./%ya/+ a issued. .. .. .. ate O ontraaor. �5�._. AP -,I°have and will mai ntain.workers; compensation insurance, as required by Section 3700 of the Labor Code; for the performance of,the work for which this permit is issued.. My workers' compensation OWNER -BUILDER DECLARATION insurance carrier and policy number are: - Ifiereby;affirm.unCerpenalty of perjury that Lam exempt from-the:Contractor's State License Law for the Carrier GRANITE,- -+ t;Policy Number 9549987 :following reason (Seo. 7031.5, Business and -Prof essions Code: Any city or. county that, requires a perinit.to _ (certify that,-inthe performance of the work for Which this -permit is issued;.) shall not employ any ' construct, alter, improve, demolish, or,repair any structures prior to its issuance, also requires the applicant for the person in:an'y:mannerso as'to become subject to the workers' compensation.laovs of. California, 'permit to file a signed statement that he or she is licensed pursuant to the -provisions: of the Contractor's State and agree that, if I should become subjectto the,workers' compensation provisions of Section '.4 License Law -)Chapter, 9 (commencing with Section 7000) of Division 3 ofthe Business and Professions'Code) or 700 of the Labor Code I sha(ffoAt ith eompfy with those provisions. ._ that he ocshe i's exempt therefrom and the basis for the:ahegeo exemption. Any violation'of Section 7031.5 by. - t s any applicant for a`permit subjects the applicant to a,civil penalty of not.more than five hundred dollars (S560).i D •y df leant: C J�• ��<< L � ^'L ♦�:i i 1 _�) I, as owner of the •property, -or my employees with wages as their sole. compensation, will do the work, and . the structure is'not intended or offered for.sale (Sec. 7044„ Business and Professions Code: The 10WARNING: FAIL RE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL Contractors' State License Law does n6i apply to an owner of property who builds or improves thereon, SUBJECT AN'EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND and who does..the work himself or herself through his or her own employees, provided.that the DOLLARS (5100,000). IN. ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN are'riot intended or offered for sale.' If,. however, the building or improvement is within SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. improvements .66e.yearof completion, the owner -builder will have the burden of proving that he or she did not, build or improvefor the purpose of salea. ' - APPLICANT ACKNOWLEDGEMENT I _ 1 I, as owner of the property,.am,exclusively contracting. with licensed contractors to construct the project (Sec. IMPORTANT Application is hereby made to the Director ofBuilding and Safety for a permit subject to the 7044, Business and Professions Code:' The Contractors' State License law. does not apply to-an'owner of conditions and restrictions set forth on this application. - '•'' property. who builds,or improves thereon, and who contracts for the projects with a contractor(s) licensed 1 . Each person upon whose behalf this'application is made, each person at whose request and for pursuant to the, Contractors' State License Law.). whose benefit work is performed under or pursuant to any permit issued as a result'of this application, (_) I am exempt under Sec. , B.&P.C. for this reason the owner, and the applicant, each agrees to, and shall defend, indemnify and hold harmless the City of La Quinta, its, officers, agents andemployees for any act or omission related to the work being performed under or following issuance of this permit. Date: Owner: 2. Any permit issued as a result of this application becomes null and void if work is not commenced within 180 days from date of issuance of such permit, or cessation of work for 180 days will subject CONSTRUCTION LENDING AGENCY permit to cancellation. I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the I certify that I have read this application and state that the above information is correct. I agree to comply with all work for which this permit is issued (Sec. 3097, Civ. C.).city and county ordinances and state laws relating. to building construction, and authorize representatives of this cou t enter upon above-mentioned property'f 'nspe ion p K oses. Lender's Name: D ignature (Applicant or Agent): Lender's Address: Date: ;8/02/05 LQPERMIT t_o-5'-.0'0"0'03-34-6" Application Number. Property.Address: 57S '57SANTA; ROSA TR APN: 762-240-013-15 -30487 Application description: WALL/.FENCE , ., Property Zoning: LOW DENSITY 'RESIDENTIAL Application valuation:- 2750 Applicant: Architect or Engineer: BUILDING PERMIT AUG 0 4 2005 - Owner: SANTA ROSA DEV 40847 SANDPIPER CT PALM DESERT, .. CA 92.260 VOICE (760).777-7012 FAX (760) 77.7-701,1. INSPECTIONS (760) 777-7153 Contractor: - CASA VERDE LANDSCAPE MAINT COR 783.41 DARBY, ROAD BERMUDA DUNES, CA 92201--0 . / (7.60)320-8755 / Lic. No. 624647 r LICENSED CONTRACTOR'S DECLARATION. ;,4 WORKER'S COMPENSATION DECLARATION `. 'I Fe"reby affirm under penalty of perjury that I am licensed under provisions;of:Chaptea9•Icommencing,with I hereby affirm:under.penMt'y of.perjury one­ofAe following declarations: Section 70001 of=Division 3 of the. Business and`Professionals Codb, and 'my1icerise.is--in full foice and effect.- _ I have and will maintain.a.certificate of consent toself-in-surefor workers' compensation, as provided . LicenseClass: C-27 F.. - License No.: 6245.4,7' c- for by.Section 3700 of•the Labor. Code, for the performance of the, work for which this permit is • . ./%ya/+ a issued. .. .. .. ate O ontraaor. �5�._. AP -,I°have and will mai ntain.workers; compensation insurance, as required by Section 3700 of the Labor Code; for the performance of,the work for which this permit is issued.. My workers' compensation OWNER -BUILDER DECLARATION insurance carrier and policy number are: - Ifiereby;affirm.unCerpenalty of perjury that Lam exempt from-the:Contractor's State License Law for the Carrier GRANITE,- -+ t;Policy Number 9549987 :following reason (Seo. 7031.5, Business and -Prof essions Code: Any city or. county that, requires a perinit.to _ (certify that,-inthe performance of the work for Which this -permit is issued;.) shall not employ any ' construct, alter, improve, demolish, or,repair any structures prior to its issuance, also requires the applicant for the person in:an'y:mannerso as'to become subject to the workers' compensation.laovs of. California, 'permit to file a signed statement that he or she is licensed pursuant to the -provisions: of the Contractor's State and agree that, if I should become subjectto the,workers' compensation provisions of Section '.4 License Law -)Chapter, 9 (commencing with Section 7000) of Division 3 ofthe Business and Professions'Code) or 700 of the Labor Code I sha(ffoAt ith eompfy with those provisions. ._ that he ocshe i's exempt therefrom and the basis for the:ahegeo exemption. Any violation'of Section 7031.5 by. - t s any applicant for a`permit subjects the applicant to a,civil penalty of not.more than five hundred dollars (S560).i D •y df leant: C J�• ��<< L � ^'L ♦�:i i 1 _�) I, as owner of the •property, -or my employees with wages as their sole. compensation, will do the work, and . the structure is'not intended or offered for.sale (Sec. 7044„ Business and Professions Code: The 10WARNING: FAIL RE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL Contractors' State License Law does n6i apply to an owner of property who builds or improves thereon, SUBJECT AN'EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND and who does..the work himself or herself through his or her own employees, provided.that the DOLLARS (5100,000). IN. ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN are'riot intended or offered for sale.' If,. however, the building or improvement is within SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. improvements .66e.yearof completion, the owner -builder will have the burden of proving that he or she did not, build or improvefor the purpose of salea. ' - APPLICANT ACKNOWLEDGEMENT I _ 1 I, as owner of the property,.am,exclusively contracting. with licensed contractors to construct the project (Sec. IMPORTANT Application is hereby made to the Director ofBuilding and Safety for a permit subject to the 7044, Business and Professions Code:' The Contractors' State License law. does not apply to-an'owner of conditions and restrictions set forth on this application. - '•'' property. who builds,or improves thereon, and who contracts for the projects with a contractor(s) licensed 1 . Each person upon whose behalf this'application is made, each person at whose request and for pursuant to the, Contractors' State License Law.). whose benefit work is performed under or pursuant to any permit issued as a result'of this application, (_) I am exempt under Sec. , B.&P.C. for this reason the owner, and the applicant, each agrees to, and shall defend, indemnify and hold harmless the City of La Quinta, its, officers, agents andemployees for any act or omission related to the work being performed under or following issuance of this permit. Date: Owner: 2. Any permit issued as a result of this application becomes null and void if work is not commenced within 180 days from date of issuance of such permit, or cessation of work for 180 days will subject CONSTRUCTION LENDING AGENCY permit to cancellation. I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the I certify that I have read this application and state that the above information is correct. I agree to comply with all work for which this permit is issued (Sec. 3097, Civ. C.).city and county ordinances and state laws relating. to building construction, and authorize representatives of this cou t enter upon above-mentioned property'f 'nspe ion p K oses. Lender's Name: D ignature (Applicant or Agent): Lender's Address: Date: ;8/02/05 LQPERMIT Application Number . . . . . 05-00003346 Permit . . .. WALL/FENCE PERMIT Additional desc . Permit.Fee . . 54.00 Plan Check Fee .00 Issue ,Date. Valuation 2750 Expiration Date 1/29/06 Qty Unit Charge Per Extension ;BASE FEE. 45.00 1.00 9.6000 THOU -)BLDG '2,-,'001.-25,000 '. 9.00 ----=------------=-----------------------------------------=---------------- - Special Notes 'and Comments" 6'GARDEN WALL, CTTY STANDARD Fee summary. 'Charged,-• Paid Credited, Due ---- Perm t Pee Total -54.00 ---------- .00 --------.-- .00 54.0.0 P•larn. Check -Total =`. d'0 -'00 .00 .00 Grand Total 54.00 00 00 54.00 - . . - --- Bin # •��, \ Permit # S Project Address:/< A. P. Number: Legal Description: Contractor: x �.. &A Address:)( Cite. ST, Zip: Telephone: State Lic. N : K, C/ C/ Arch.. Engr-, Designer: Address: City, ST. Zip: Telephone: State Lic. tY: Name of Contact Person: Telephone N of Contact Person: K 7f - City of La Quinta Building 8t Safety Division P.O. Box 1504, 78-495 Calle Tampico La Quinta, CA 92253 - (760) 777-7012 Building Permit Application and Tracking Sheet 2(J& f} 1W 1 L Owner's Name: X A t �+ �� Address: 4) n City. ST. Zip: )< E W—kAJ `�S �Jb&crj'f E- Telephone: 60 ISO— r Project Description: we City Lic. N Submittal Plan Sets Itcq'd Rec'd TRACKING Plan Check submitted PERMIT FEES Item Amount Structural Cnlcs. Reviewed. ready for corrections flan Check Deposit Truss Calcs. Called Contact Person Plan Check Balance Title 24 Calcs. flans picked up Construction Flood plain plan flans resubmitted Mechanical Grading plan 2" Review, ready for corrections/issue Electrical Subcontactor List Called Contact Person Plumbing S.M.I. Grant Deed Plans picked up II.O.A. Approval flans resubmitted Grading Developer Impact Fee IN IIOUSE:- Review, ready for corrections/issue Planning Approval Called Contact Person A.I.P. P. Pub. Wks. Appr Date of permit issue School Fees .�. Total Permit Fees 5 � G a C% ©®y Q 60 x ee � � ■ � �w � ® @ S:UB'COIdTRW CTO,R AGREEMENT This agreement is hereby made between Contractor: Greyhawk, INC. a. California: corporation (°Greyhawk") and Subcontractor Casa Verde Landscape Construction: this 19th day of May, 2005, for the following services: Landscaping; Walls and Swimming,Pools. Project name: SANTA ROSATRAILS• Address: Avenue 58, La Quinta California Subcontractor Federal ID #-. On File Subcontractor license number: On File Subcontractor's Insurance Company: On File Policy #: On File Amount of insurance: On -File Subcontractor's Workman's Comp Company On File Policy #: On File DESCRIPTION OF WORK TO BE PERFORMED: Subcontractor agrees to provide all labor, materials, skill and instrumentalities, and perform all of the work for the Landscaping and,1Ma11s portion of Lo t'15,16,1718;19;20,& 22 construction work, as per the Casa Verde's Bid, which isSattached;Hereto and made a, -part hereof, and the approved plans and specifications, as�shown by the; drawing(s)-and 'described.in the specifications prepared and provided by the Owner, which are identified by the signatures of the parties to this agreement and'which form a, part of this agreement, 'all'`of which are 'attached hereto and made a part hereof. CONDITIONS: 1. . Code Compliance: All work shall comply with applicable state, county and city ordinances and the current edition of the Uniform Building Code. 2. Approved Plans and Specification,Comoliance: Al! work shall conform to the plans and specifications as approved by the owner and the City. 3. Substitution: No substitutions shall be made without.the Owner's prior written -approval. 4. Intention: The intention of the documents is to include alF labor, materials, equipment and transportation necessary for complete and proper execution of the work. 5, Insurance: Each and every subcontractor performing work upon or providing"ices and/or materials for this contemplated improvement are,required, prior to' commencement ofswo&bn'dfor'fumishing labor, services and materials; to purchase and maintain in force ;Workman's CompensationAnsurance andr" ll Risk° type of Builder's Insurance•each of which;policy orpolicles°shall'name owner; SANTA ROSA TRAILS, LLC, a Califomia limited habiliiy.company, GREYHAWK:9NC a Calrfomia corporation ; as general contractor. and SOUTHWEST'COMMUNITY BANK, lender; as'add:fional rn ' iWand each.of which policy or, policies shall be in an amount sufficient to,cover the replacement -value of the°work beingperformed and/or the labor, services and material being supplied by the said Subcontractor, witIKall nsk,liability policy of not less than $1,,000,000. 6. Ste: Subcontractor shall furnish all labor, "uipmehij materials.and perform all work necessary, indicated, reasonably inferred or required by:any code with jurisdiction to complete theirscope of work for a complete and proper finished job.' Unless otherwise'specified, all materials shall,be'new and of good quality-~ JnIhe prosecution of themork, the Subcontractor shall employ a sufficient number of workers skilled"in their trades to suitably perform the work. 7. Availability; The parties agree that time is of the essence of this Subcontract Agreement and that it shall be the Subcontractor's obligation -to begin the; suticontrad.work as soon as`.ihe project upon which the work is to be done is ready. for such work. For:each Subcontractor's phase; of each building; with Subcontractor given seven days notice by GREYHAWK, Subcontractor agrees to have sufficientworkers available, to begin and,continue through completion of each phase of Subcontractor's work. Subcontractor agree's.to complete each phase, of each building: within seven days of Subcontractor commencing that'phase 8. . Lines. and Levels: As applicable, the Subcontractor shall be responsible for the accuracy of the building lines and levels. The. Subcontractor -shall compare,carefully the lines and levels shown on the.drawings with existing levels for'the locationand construction of the work and shall call the Architect's attention to.any discrepancies before proceeding,with the work. Page 1 Greyhae` Subcontractor( 9. Cutting and Patching: All trades shall do their own cutting, fitting, patching, etc., to make the several parts come together properly and fit it to receive or be received by work of other trades. 10. anu to mave.ine premises is a Droom swept raKed orgraded clean condition:. All trades shall, at all times, keep the premises free from -accumulation of waste materials or rubbish caused by, their work. Atthe completion of each stage the work subcontractor to remove all rubbish; toois,.scaffolding, surplu"s materials and leave the job in a broom clean condition. ALL SUBCONTRACTQRS SHALL PICk OP"AND DISPOSE OF THEIR OWN TRASH ON A DAILY.BASIS,.INCLUDING LUNCH TRASH. No eating, shall; he allowed inside the houses. If shelter is needed, the Subcontractors may eat inside the garages. The Jobsite will have designated trash areas/ bins.. All boxes, cartons, etc.•musf be broken ,dowmaAnd placed in receptacle provided onsite by said Subcontractor. Failure of Subcontractor to pick, up:and dispose of ttieirowntrash will result is a minimum $250 back -charge to Subcontractor. All -trades will clean up and sweep construction and lunch trash DAILY. 11. Drugs, & Alcoholic beverages will not be tolerated on the job at any time! 12. Inspections: All inspedions•for work cornpleted'in accordance with the Contract and Agreement are to be scheduled by the Subcontractor, and Subcontractor shall have a' representative on the jobsite to meet directly with the City inspectors. Failure.to comply will result in a $506 back-charge'to,the Subcontractor. 13.Vehicles: If Subcontractors vehicle does not contain any tools pertaining to said work, vehicle is to be parked offsite. No cars will be allowed on the'job,sde'at any;time. Only work trucks needed to expedite. said Subcontractors trade will be allowed. All Subcontractors shall comply with posted job speed limit within the job site at all times. 14. Access to Work: The Owner, Owner's representative; Greyhawk, and public authorities shall at all times have access to the work. 15. Chances: All changes and deviations'in the work ordered by the: Owner. and/or Greyhawk,:must be in writing, and the.`contract sum:amount, being increased or;decreased,:agreed.upon, in writing, by the Subcontractor and Greyhawk, or Owner before proceeding with the ordered change or revision. 16. Problem Notification: Greyhawk's Superintendent, is tobe notified immediately of any problems on the job. 17. Work Defects: The Subcontractor agrees to re -execute any work which does not conform to the drawings and specifications, warrants the work performed; and agreesao:remedy. any defects resulting from faulty materials or workmanship which shall become evident'during a period of one year after completion of the work. 18. Other Trades Work: Subcontractor shall always take special care and caution:not to damage any other trade's work. If another, tradesman's work is in the _way of Subcontractor herein` -R is the responsibility of the Subcontractor herein to bring the problem dir�ectiyto the'General Contractor's attention. In the event another Subcontractor's work is -damaged, the Ownerand/or General Contractor. reserves the right to charge this Subcontractor cost plus overhead at the rate of 15% of the back -charge. 19. Failure to Report: Subcontractoes'failure to promptly report in writing to Greyhawk or Owner any alleged defects in any work performed by.others in, on, or adjacent to the area in which: Subcontractor is to perform its work will be deemed acknoWledgement by:Subcbntractor: that such work is fit and proper for the reception, attachment, or covering by Subcontractor, and`thereafterno alleged`defects in such work by others may be asserted by Subcontractor to justify its failure to perform. 20. Safety, Precautions shall be used at all times. for the standards setforth by Cal OSHA for this type of Subcontractor's work, as detailed in attached Injury and Illness Prevention Program. 21. Risk: Allmork covered by the subcontract agreement done at the site of construction, or in preparing or delivering materials or equipment, or any or all of them to and from.the site, shall be atthe sole risk of Subcontractor, exclusively. To the fullest extentpermitted by Iaw,;Subcontractorshall; with respect to all work which is covered by,.or.incidental to this Subcontractor'Agreement;_indemnify;,hold harmless and defend Contractor, Owner and Lender from and against any and all allegations,,losses, claims, actions, demands, damages, liabilities or expenses(including;costs, expenses and'attomey's fees),.arising from, orrelated to the death, bodily injury to persons, injury to. property, design defects originated by subcontractor, or other loss damage or. expense.: Subcontractor's dutyao indemnify.shall include all damages cause, or alleged to be caused in whole or.in part byany,negligent actor. omission; whether active or passive of. (a) Subcontractor, (b) anyone directly or indirectly employed -by subcontractor, or (c) anyone for whose ads subcontractor may be liable. 22. Disputes: Subcontractor agrees that in the event a dispute should occur between subcontractors as to has the responsibility to perform a particular item or. items�of work, or to repair.damage to any particular item of work, the final and absolute determination shall:be made by Greyhawk and Owner and Subcontractor shall abide by e 2 Gr . yhawkVpag ubdontract6r CV) that determination and shall perform such items of work when they have been determined to be within the terms of this Subcontract agreement. 23. No Implied Approval: Itis understood and agreed that that no payment to, or on account of Subcontractor shall constitute an acceptance or approval of any laboror material performed or furnished by Subcontractor, nor shall any filing of any'riotice of completion, or occupancy,of the building in whole or in part constitute an acceptance or approval by the Greyhawk, in whole or in part constitute a waiver of any claims by Greyhawk against Subcontractor. 24. Claims against Subcontractor. Should Greyhawk or Owner receive notification of any claims made against SubcontractorarWng out of labor"or material furnished on the project, on account of any ad or failure to act by Subcontractor in the performance: of this Subcontractor Agreement; or otherwise, Greyhawk, or Owner, may, at Ws discretion, withhold any amounts otherwise due, or to become due hereunder; to cover said claims and any costs of expenses arising, or to arise, in connection therewith pending legal settlement of such claims. 25. Payment Application WithWding:'Greyhawk, or Owner, may reduce, I reject or withhold a Subcontractor payment application, or nullify a previously approved Subcontractor payment application, in whole or in part, as may reasonably necessary to protect Greyhawk , or Owner; from loss ,or damage based upon: (a) Subcontractor's failure' to perform work as required by the Subcontractor Agreement; (b) Loss or damage to owner, Greyhawk or othe.rs.to whom Greyhawk may be liable arising out of, or relating to the Subcontractor Agreement and caused by Subcontractor,'or its lower tiersubcontractors,orsuppliers; (c) Subcontractor' failure to property payforlab&, materials, equipmeht or supplies furnished in connection.with its work; (d) Rejected, nonconforming or defective -work which has not been cortected; (e) Reasonable evidence of delay in performance of Subcontractors workthat such`work will not be completed .within the time allotted by the updated progress schedule, and that,the unpaid balance of the Subcontract Agreement price is.not sufficient to offset the liquidated damages, or actual damages that may be sustained'by Greyhawk as' a result of the anticipated delay caused -by Subcontractor; (f) Reasonable.evidence demonstrating`that,the unpaid balance of the Subcontractor Agreement price is insufficientto`cove'r the costtocomplete Subcontractors work; (g) Third party claims against Subcontractor, orieasonable�ewdence derr►onstrating that third party daims are likely to be filed; (h) Any otl er'failure to comply with the terms.and conditions of the Subcontract Agreement. When the above reasons for disapproving ornullityirig anapplication are removed, payment will be made for amounts previously withheld. 26. Drawing Inspection: Before commencing any portion of the work; Subcontractor shall examine all contract drawings.. Subcontractor shall promptly notify "Greyhawk, or owner, in writing, of any perceived or alleged inconsistencies, confiictswith any otherstructu`ies, ambiguity; tack of detail;'or explanation in the drawings. Should Subcontractor proceed with work which it knows, or should know have known, subsequent to examining the contract drawings; to be :in error, inconsistent; ambiguous, or not sufficiently detailed; or`,explained, Subcontractor shall bearall cost Arising'from said work, including; but'not limited to the cost�of correction. Should response from architect be insufficient to properly execute work, Subcontractor shall'promptly notify contractor of same. 27. Equal Opportunity Clause: During.the perfomtance.of this contract; the subcontractor agrees as follows: "(1) The Subcontractorshall not discriminate againita6y employeeor applicant for employment,' because of race, color, religion; sex or national origin. The Subcontractor shall take Laffirmative action to insure that applicants are employed, and that employees,are,treated during employment without regard to race; color, religion, sex or national origin. Such action shall_include,.but riot be limited to the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; layoffor,termination;'rates of payor other46rms of compensation; and selection for training, incl uding'apprenticeship: The subcoirtract,'agrees to post in • -. conspicuous places, available. to: all employees and applicants for employment, notices to.be'; provided setting forth the provisions of this�non-discrimination clause: "(2) The subcontractor will; in all solicitations.and advertisements for employees placed by or on behalf of the,subcontractor,state that.all qualified applicants will receive consideration for employment witho6firo- and to race, color; religion; sex or national origin. "(3) The subcontract will send to each,labor union or representativeof workers with he or she has,a collective bargaining agreement or other contract orunderstanding; a;notice to,be'peovide.d; advising said labor`union or workers representative of the subcontractors comm tments under section 202 of Executive 11246 of September 24, 1965, and shall post copies post in conspicuous places, available to all employees and applicants for employment. '(4)'The subcontractor will comply with'all p[ovisions of Executive 11246 of September 24, 1965, and of the rules, regulations and relative orders of the Secretary or Labor. "(5),.The subcontract will furnish all information and reports�requires by Executive 11246 of September24, 1965, and by the rules, regulations and orders of the Secretary -of Labor, or pursuant thereto and will permit access to his books, records; and accounts by the govern' menfagency.and the;Secretary of Labor for.,puiposes o6rivestigation to ascertain compliance with such rules, regulafionsand-orders: "(6) In the event of subcontractors, non -.compliance with the nondiscrimination clauses of this,contract, or by any of the, said rules, regulations ororders, this contract may be canceled, terminated:or suspended inwhole�or,in part, and. the subcontract maybe declared ineligible for further'Govemment contracts, or federally assisted construction contracts in aocordanoe with Executive 11246 of.September24, 1965; and such other sanctions that may be imposed and remedies invoked as provided in Executive 11246 of September24, 1965, "or."byrule,•regulation or order of the.Secretaryof Labor, oras otherwise as provided bylaw, "(.):The Subcontract will include• the provisions'of paragraphs (1) through (7) in every subcontract or purchase order, unless'exempted by rules, regulations or orders of the Secretary of Labor P e 3. An` Greyhav Subcontractor (A issued pursuant to Section 204 of.Executive;l' binding on each subcontractor or:vendor." The subcontractor purchase"order'asthe administi including sanctions fornoncompliance: Provid involved in, or is threatened withi litigation with agency, the contractor may,request-the United vendor. as a,result'of such direction by the age into such litigation.to protect the interests ofAN of september 24, 1965, so that such provisions will be contractor Will take such 66h with:respect.to any ':agency may,direct as a,'�means; of enforcing such provisions, >wever, That,inther eventahe subcontractor becomes ibcontrador or vender'as`a resuit;of such.direction by the es to enter intiosuch litigation; with.a subcontractor or the subcontractor may request'the bnited States to enter ited'states. 28. Security: Subcontractor shall be responsible for thesecurity of its tools; equipment and supplies, on and offsite. Greyhawk and Owner shall have no liability for ioss.from theft, or damage by others. 29. Access: Subcontractor. shall only be permitted on the job site during th'e hours:posted by Superintendent. s 30. No Right of Assignment: Subcontractor shall have; no right to assign any,rights or interest occurring under this agreement withoutthe written consent of the.GREYHAWK;Inc., and Owner,'nor shall the Subcontractor assign any sums due, or to become due,.to him under.theprovisions of this agreement. 31. Retentions: Owner shall -retain .1,0% of the contracted amount, for a period, ofthirty (30) days, following completion of Sub'corrtractoes.work on each building. 32.. Jurisdiction: This agreement shall be interpreted under.laws of the State of Califomia. 33.- Attomev's Fees: Attomeys fees and court c osts;shall be paid. by the'defendant in' the event that judgment must be, and is, obtained to enforce this agreement or any breach thereof. Greyhawk and Owner agree to pay, and Subcontractor agrees to accept as the total contracted price for labor and materials: Front Yard Landscaping @:$3360 Walls @ $41.50 per Lineal Foot. Payment schedule ,on each;Plan Front Yard Landscaping and Wall Construction 90% shall be payable upon. completion. A 10% retention shall be held fog 30 days; or upon city's , nal,':whicheVeir occurs later: Payment shall be made, using a.voucher,.system; through the project's Builders' Control, Dixieline Builders Fund Control (Uixieline°). Vouchers'.shall be. issued at'completion of stages of work; as per agreement, for rederription at the nearestbixieline-facility. Ar;RFFn• Page.4 Greyhawk Subcontractor (;8 Date Date