0338REFERENCE 0 #5,49-31366-I a '
"r :NOTE. �' rf �_,. �•
t With i4oper validation '
' O
this'form constitutes an
CITY.,OF LAI-,,QUINTA
encroachment permit- 1.
`
APPLICATION .FOR PERMIT -
PUBLIC WORKS CONSTRUCTION (ENCROACHMENT) `,�� I•>+.: �Sw��
For the 'construction of public or private curbs, driveways, pavements, sidewalks, parking, lots, sewers, 'water mains
and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED -SUBDIVISIONS
Subdivision, Improvement Permit --Class III
DATE: September; 26, 1988 Minor Improvement�Permit Class'IV x
LOCATION OF CONSTRUCTION Miles Ave N/S 110' E/O Washington
(Street address or Description'of Location) '
PURPOSE OF CONSTRUCTION: Replace manho*e top. Sketch (attach construction plans if appropriate)
.DESCRIPTION OF CONSTRUCTION Manhole top See Attached Drawing*
Reference:w- .#549-31366=I-.
DIMENSION OF -INSTALLATION OR REMOVAL 7 9"x4' x19" F '
SIZE OF EXCAVATION, IF.NEEDED 9"x51:611x depth to
i. suit lob.',t
APPROXIMATE.TIME WHEN WORK WILL BEGIN 11-21-88
APPROXIMATE •TIME 01= COMPLETION 127-30-88
ESTIMATED CONSTRUCTION COST $ t
(Including removal,of'all obstruction; materials, and debris, backfilling, com
paction and placing permanent resurfacing and/or replacing improvements).
In consideration of, the granting of this permit, the applicant hereby agrees to:.
• Indemnify,. defend and save the City, its authorized agents, officers, representatives and employees, harrnless`from and a'ga'inst *any and"all .V
penalties, liabilities or loss.resulting from claims or court action and arising 'out -of any accident, -loss or damage to persons or property
happening or occurring as a proximate result of any work undertaken •under the permit granted pursuant to this application.
p w Notify the. Administrative Authority at least twenty-four (24) hours in advance of the time when work will beistarted"r
Comply with all applicable City Ordinances; the terms and conditions of the permit and all applicable rules and regulations of the City of
La Quinta and to pay for any additional replacement necessary as the result of this work.
' Signature of .Applicant or Agent
GTE CALIFORNIA, .83-793 Dr Carreon Blvd., Indio; Ca: 92201`. '
4.� Name of Applicant (please print) Business Address . t•Telephone No:
Name•of•Contractor and J_ob Foreman Business Address' Telephone`No:
• Contractor's License NO. City Business License No. -:7.` a '
Applicant's Insurance Companyw Policy Number
FEES: Subdivision Improvement Permit — Class 111
Public improvements: 3% of estimated construction costs
Private improvements: 3% of estimated construction costs a ,
Minor Improvement Permit =.Class IV: See attached schedule ;
Inspection Fee $ NA PERMIT VALIDATION y
Permit Fee NA
r PERMIT NO. 3H.
Penalty t 9/)7/88.'
' .. .
DATE APPROVED
Cash Deposit -Surety Bond '• -.
•if required EXPIRATION DATE 2 1 8R
TOTAL:, $ DATE ISSUED - 9/27/88` `
Receipt No.
By
Received by Date Administrative Authority` a
Recorded by TELEPHONE; (619) 564-2246 '
•
NOTE: REFERENCE:W.O./549-31366—I
With proper validation
this form constitutes an CITY OF LA QUINTA
encroachment permit
APPLICATION FOR PERMIT
PUBLIC WORKS CONSTRUCTION .(ENCROACHMENT)
For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains
and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS
Subdivision Improvement Permit — Class III
DATE: September 26, 1988 Minor Improvement Permit Class IV_
LOCATION OF CONSTRUCTION Miles Ave N/S 110' E/0 Washington
(Street address or Description of Location)
PURPOSE OF CONSTRUCTION replace manhole ton Sketch (attach construction plans if appropriate)
DESCRIPTION OF CONSTRUCTION . manhole ton
SEE ATTACHED DRAWING
REFERENCE: W.O.#549-31366—I
DIMENSION OF INSTALLATION OR REMOVAL 7' 9"x4'x19"
SIZE OF EXCAVATION, IF NEEDED 9"x5' 6"x depth to suit
job
APPROXIMATE TIME WHEN WORK..WILL BEGIN 11-21-88
APPROXIMATE TIME OF COMPLETION 12-30-88
ESTIMATED CONSTRUCTION COST $
(Including removal of all obstruction, materials, and debris, backfilling, com-
paction and placing permanent resurfacing and/or replacing improvements)
In consideration of the granting of this permit, the applicant hereby agrees to:
indemnify, defend and save the City, its'authorized agents, officers, representatives and employees, harmless from and against any and all
penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property
happening or occurring as a proximate result of any work ,undertaken under the permit granted pursuantto this application.
Notify the Administrative Authority at least twenty-four (24) hours in advance of the time when _work will be started.
Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulations of the City of
Le Quints and to pay for any additional replacement necessary as the remit of this work.
Signat a of pplica or Agent
GTE CALIFORNIA, 83-793 Dr Carreon:Blvd., Indio, CA. 92201
Name of Applicant (please print) Business Address Telephone No.
Name of Contractor and Job Foreman Business Address Telephone No.
Contractor's License No.
City Business License No.
Applicant's Insurance Company Policy Number
FEES: Subdivision. improvement Permit —Class IIf
Public improvements: 3% of estimated construction costs
Private improvements: 3% of estimated construction costs
Minor Improvement Permit — Class IV: See attached schedule
Inspection Fee $ N�
Permit Fee NA II
Penalty
Cash Deposit -Surety Bond
if required
TOTAL:
Receipt No.
Received by
$ --0—
Date
338-
PERMIT
3FS
PERMIT VALIDATION
PERMIT NO. 335.
DATE APPROVED 2LZAk k
EXPIRATION DATE-
DATE ISSUED 2
By
Administrative Authority
Recorded by 11 TELEPHONE: (619) 564-2246
Thr following General and Special Provisions are attached to and made a part. of Permit No. 13�
GENERAL PROVISIONS
The following shall always apply:
ENCROACHMENT ON PRIVATE PROPERTY: This permit authorizes work to be accomplished within City of La Quinta right of way
ONLY. Whenever construction extends within private property, it shall be the responsibility of the permittee (or his contractors) to
secure permission from.abutting property owners. Such. authorization must be secured by the permittee prior to starting work.
TRACKLAYING CONSTRUCTION EQUIPMENT: Cleated tracklaying construction equipment shall not be permitted to operate on any
paved surface unless fitted with smooth -faced street pads. All mechanical outriggers shall be fitted with rubber street shoes to protect
the paving during excavations. Rubber -tired equipment only shall be used in backfill operations in paved areas. If the existing
pavement is scarred, spalled, or broken during the term of this contract, or if the pavement is marred, City of La Quinta shall request
that these portions of road be resurfaced over their entire width. Resurfacing shall consist of one coat of two. inches (2") of A.C.
surfacing plus appropriate seal coat as specified above.
PROTECTION OF TRAFFIC: All excavations and work areas shall be properly lighted and barricaded as deemed necessary by the City
Engineer or La Quinta City Public Works Inspectors. Suitable detours and detour signs shall be placed and maintained for the duration
of the project. The City shall be notified 24 Hrs. in advance of any traffic detours or delineations.
CARE OF DRAINAGE STRUCTURES: Any drainage structure. including corrugated metal pipe, concrete pipe, steel culvert and
concrete structures encountered during excavation which necessitate removal shall be replaced in kind. In the event. it becomes
necessary to remove or cut existing drainage structures, City of La Quinta shall be notified prior to commencement of this work.
Drainage structures and open drains shall be kept free of debris at all times for proper drainage.
RIGHT OF WAY CLEANUP:'Any surplus material resulting from excavation and backfill operations shall be removed fromthe right.of
way. All paved surfaces shall be broomed clean of earth and other objectionable materials immediately after backfill and compaction.
Existing gutter line and drainage ditches shall be replaced to their original standard or better. All excess material shall be removed
prior to paving. Water tanker shall be used, as required, to sprinkle the job site to keep down dust conditions and shall be used
immediately after backfill:
DE -WATER OPERATIONS: If de -watering operations are required and pumps are forcing water on City of La Quinta roads, it shall be
the responsibility of the permittee (contractor) to control this water and to provide off-street barricades when necessary.
CLOSING STREETS: No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limited
access for the adjoining property owners and emergency vehicles. In the event it isfelt bythe permitteethat he must close a street for
any length.of time, permittee shall contact this office to obtain the necessary permission.
SPECIAL PROVISIONS
The follwing shall apply ONLY when indicated:
R1 NOTIFICATION: Permittee shall notify the City at 564-2246 at least 48 hours in advance of starting construction.
R2 CASH DEPOSITS OR BONDS: A cash bond or an approved surety bond in an amount of not less than $
shall be furnished in the name of City of La Quinta to cover all work involved in the restoration of the various La Quinta
roads and survey monuments. This bond shall be continuous until cancelled by the City Engineer. This bond must be
posted prior to commencement of any work on this project .
R3 UTILITY CLEARANCE: (Substructures) Priorto making anyexcavation within the City of La Quinta right of wayauthorized
by permit, the permittee shall contact all concerned utility companies relative to the location of existing substructures.
Damage to existing substructures resulting from operations conducted under this permit shall be the sole responsibility
of the permittee.
R4 UTILITY CLEARANCE: (Surface structures) No work shall be done under this permit until all utilities are clear of the
proposed work site. The permittee shall notify all concerned utility companies of the proposed work.
R5 PAVEMENT WIDENING: Area between the proposed concrete gutter line and the existing road pavement shall be
surfaced with inches of A.C. paving placed on inches of class aggregate subbase course
having an,"R" value of not less than and in conformance with City of La Quinta Road Improvement Standards
and Specifications, Ordinance #1461.
R6 PARKWAY GRADING: Area between the property line and top of the proposed concrete curb shall be graded to a slope of
1/4 inch to one foot (1').
R7 GRADES & STAKES: City of La Quinta shall establish grades and stakes for the.proposed concrete curb and gutter
construction.
R8 GRADE CHECKING: City of La Quinta shall check grades upon receipt of plan and pFofile and/or grades as established by
a licensed engineer.
R9 CURB REMOVAL FOR DRIVEWAYS: A portion of the existing concrete curb and/or curb and gutter( feet) shall be
removed. Curb and/or curb and gutter shall be saw cut prior to removal. Depressed curb, matching concrete gutter and
concrete driveway approach shall be constructed in conformance with City of La Quinta Standard ##207.
R10 DRIVEWAYS, A.C.: Driveways shall be constructed as not to alter existing drainage pattern. Surfacing between the
property line and the existing road paving shall be 2-1 /2 inches of A.C. paving placed on (-")of class
aggregate base. Driveway construction shall conform to attached drawing.
R11 CULVERTS: A inch diameter (-)culvert shall be installed with the invert approximately 1-1 /2
inches below and in line with the existing flow line. Culvert installation shall conform to the attached drawing.
R12 SIGHT CLEARANCE: Sight clearance of 600 feet in either direction shall be assured and maintained.
R SOIL STERILIZER: The area to be surfaced shall be treated with soil sterilizer. Rate of application shall comply with the
manufacturer's specifications.
R14 COORDINATE WORK: The proposed work shall be subordinated to any operation which the State of California or
City of La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or
City of La Quinta forces to preclude delay or interference with State or City of La Quinta projects.
f315 SURVEY MONUMENTS: Prior to excavation or. beginning of construction, all survey monuments which exist on the
centerline of all streets or property lines when involved shall be completely tied out so they may be readily and correctly
be replaced by a licensed civil engineer or,surveyor at the expense of the permittee. A complete set of notes showing the
ties to these monuments shall be furnished to the City Engineer prior to the removal of any monuments. This office shall
be notified upon completion of replacement of all survey monuments for proper project clearance.
R 16 SURVEY MONUMENTS: Priorcavation or beginning of construction, all s monuments shall be tied out by City
of La Quinta Snd suitable pay... nt or guarantee of payment shall be made a:> reimbursement for all work involved.
R17 PAVEMENT CUTTING: Pavement will be mechanically cut to a straight edge prior to excavation. Method of pavement
cutting shall be approved through the office of the City Engineer. (Under no circumstances shall excavating equipment
be used to excavate prior to cutting of pavement). Excavation material shall be placed in such a position as to best
facilitate the general flow of traffic. Prior to final paving operations, any damage to pavement straight edge shall be
corrected.
R18 PAVEMENT CUTTING: Pavement shall be saw cut prior to removal. Prior to final paving operations, any damage to
pavement straight edge shall be corrected.
R19 LIMIT OF EXCAVATIONS: Excavations shall be limited to 1,000 lineal feet of open trench before backfill operations must
begin. All excavations shall be properly barricaded with lights overnight, on weekends and holidays for the protection of
the traveling public. The Public Works inspector shall determine the suitability of excavation barricading in each case. No
excavation shall remain open for a period exceeding five (5) days. No excavation shall be made unless the construction
material is actually on the work site.
R20 BACKFILL MATERIAL: Backfill shall be free of brush, roots or other organic substance detrimental to its use for purposes
of producing an adequately consolidated backfill. Any material which the City of La Quinta deems unsuitable (spongyor
saturated. material) which is encountered during excavation shall not be used for backfill, but shall be supplemented or
replaced by an approved sand or gravel.
R21 BACKFILL SAND: Backfill shall be approved transit -mix sand or equivalent and shall be placed in lifts of notgreaterthan
three feet (31 and vibrated using vibrotamper or equivalent equipment. Alternate methods maybe substituted, but in any
case a relative compaction of 95 percent shall be attained within the structural section of the roadway.
R22 BACKFILL PLACEMENT: Backfill shall be applied in layers of not more than 50 percent of the total depth of the trench
before flooding or a maximum of five-foot (5') lifts where trenches are of excessive depths. Care is to be exercised that the
backfill material is not subjected to extreme swell by flooding operations. Backfill material shall be placed so that the
resulting compaction shall be not less than 90percent or equivalent to the surrounding ground, whichever isthe greater
compaction. Where ponding or flooding is used for a maximum settlement, adequate dikes will be constructed to retain
the water. Where jetting is used, the jets shall be of sufficient length to reach the bottom of each layer and the water
supply shall be continuous.
R23 COMPACTION TESTS: If so required bythe inspector, compaction tests shall be made at intervals of not more than 1,000
feet and a minimum of one (1) test on each road. One (1) copy of each test shall be forwarded to the City Engineer for
approval and filed prior to making permanent repairs. Compaction tests shall be made as outlined in Section 6.3.01 of the
Standard Specifications, Division of Highways, State of California, dated January 1973.
R24 COMPACTION TESTS: If so required by the inspector, compaction tests shall be made for each crossing or service line.
One (1) copy of each test shall be forwarded to the City Engineer for approval and filed prior to making permanent repairs.
Compaction tests shall be made as outlined in Section 6.3.01 of the Standard Specifications, Division of Highways, State
of California, dated January 1973.
R25 TEMPORARY PAVEMENT REPAIRS: After completion of backfill and compaction operations, a temporary patch
consisting of 2 inches of SC -800 shall be placed on a prepared subgrade. The SC -800 temporary paving shall be placed
after a maximum of 3,000 lineal feet of trench has been excavated and backfill operations completed, but in no case shall
the placement of the temporary pavement exceed a five (5) day limit.
R26 PERMANENT PAVEMENT REPAIR: After backfill and compaction operations have been completed, a temporary patch
consisting of two inches (2") of SC -800 shall be placed immediately. A permanent patch of inches A.C.
surfacing placed on a inch class base shall be placed no laterthan days after completion of
temporary road repair.
R27 PAVEMENT REPAIR: F.A.S.: Upon completion of backfill and compaction, a temporary patch consisting of two inches (2")
of cold mix paving (SC -800) shall be placed immediately. A permanent patch of three inches (3") of A.C. surfacing shall
be placed on six inches (6") concrete base as directed, but not later than fifteen (15) days after completion of temporary
paving. Concrete base shall be of five -sack mix and shall conform to the City of La Quinta Road Improvement Standards
and Specifications, Ordinance #461.
R28 FOG SEAL: A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as
determined by the City Engineer.
R29 SEAL ARMOR COAT: A seal coat consisting of an application binder and screenings shall be applied on all patch areas .
where such seal coats existed prior to issuance of this permit. Seal or armor coats shall be applied as specified in Section
37, Standard Specifications, State of California, Division of Highways, dated January 1973. Work of pavement repair to
be accomplished by a licensed contractor engaged in the business of pavement repair.
R30 STREET RESTRIPING: Where street striping is still visible on streets to be excavated, such striping shall be replaced upon
completion of permanent repairs.
R31 TREE RELOCATION OR REMOVAL: Tree relocation within the City of La Quinta road right of way shall be accomplished
by a licensed, bonded and insured tree service, and handled safelywithout interference or hazard to the traveling public.
It shall be the responsibility of the permittee to maintain the tree in a vigorous growing condition at its new location.
Trees to be removed shall be removed in sections which can be handled safely without interference or hazard to highway
traffic. The entire width of the tree stump shall be removed and disposed of so that no debris remains in view of the
highway. The stump hole shall be backfilled and thoroughly compacted asspecified in thefollowing paragraph. Where it
becomes necessary to restrict traffic, the work shall be restricted to a maximum of 500 feet at anyone time. Adequate
signs, flagmen and/or barricades shall be provided to protect the traveling public at all times.
Large holes resulting from tree removal shall be backfilled and compacted to not less than 90 percent or equivalent to the
surrounding ground, whichever is the greater compaction as determined by the impact or field method. Compaction
tests shall comply with Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated
January 1973.
R32 TREE TRIMMING:
a. Only the necessary trimming shall be accomplished to provide clearance of the facility for one calendar year.
All broken or weak sections within the trimming shall be removed.
b. Where it becomes necessary to restrict traffic, the work shall be restricted to a maximum of 500feet at anyone time.
Adequate signs, flagmen, and/or barricades shall be provided to protect the traveling public at all times.
c. If tree trunks are partially outside of the City of La Quinta road right of way, permittee shall make his own
arrangements with adjoining property owners for consent to the trimming in addition to the authorization provided
by this permit.
d. All tree trimming on EVERGREEN TREES, PALM TREES, and other ORNAMENTAL TREES shall be accomplished to
the satisfaction of the City Public Works Inspector.
e. Abutting property owners shall be contacted, in all instances, prior to trimming or topping trees.
f. Pruning shall, in all instances, be at the shoulder of the crotch to insure even, fast healing in all cuts of two inches
(2") and above in size. Sealant shall be applied to all cut sections as directed by the City Public Works Inspector.
f
y
CALLE ESTADO.-. LA QUINTA, CALIFORNIA 92253 = (019) 564-2246•
OF
ADDITIONAL:CONDITIONS
ENCROACHMENT PERMIT NO. 338
R33 Survey -monuments shall.be protected in place or
re-established pursuant to City standards and the.State of
California Land.Surveyor's"Act.
R34 Contractor shall comply with the local noise ordinance and
construction operations and maintenance of equipment within
one.half.mile of human occupancy shall be performed only
during the time periods as follows:
October lst to April 30: Monday -Friday 7:00a.m.-5:30p.m.
Saturday. .8:00a..m.-5:00p.m.
Work shall be prohibited.anytime on Sunday and Federal
holiday.
R35 Traffic control shall be as per "Cal Trans Traffic Manual.
Field.adjustments in -.detouring shall be accomplished as
directed in.order to -,adjust to actual •field conditions. It
shall• be the contractor's responsibility to.adequately
barricade and detour.this site.
R36 All excavation at or.near the travel way shall be backfilled
at the end of the work day., for the protection"of the
traveling public
R37 .This permit -is only for work within public street right -of
way.
R38 Ingress and"egress'for.local properties shall be maintained
at all times
R39 This permit is not valid unless the USA Inquiry :Number is
noted on, the City `copy ,of - this permit.
R40 Replacement pavement shall',be existing asphalt thickness
plus one inch, but not.less than 3 inches of AC pavement
shall'be•placed. Class 2 aggregate base shall be as.per
existing or 4" minimum (whichever, is greater).
MAILING ADDRESS - P.O. BOX 1504 'LA QUINTA; CALIFORNIA 92258
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14,
.. LAW OFFICES
lklaPoneY, PBpandi` t'' KoldawaY
A PROFESSIONAL LAW CORPORATION.,.
DONALD E. MARONEY 592 NORTH EUCLID AVENUE - :LA OUINTA OFFICE:
BARRY BRANDY_ - BOX _ 78-060 CALLE ESTADO
P. O. 1350 . -
RICHARD E. HO LDAVJAY - SUITE: 9
UPLAND, CALIFORNIA 91785
- -ROBERT •D. HERRICK- LA OUINTA, CA 92253
BRIAN KELLEY BRAN DT ' (7141) 985-2880 (619).564-5654'
FAX:(714)"985-4037 -
. PLEASE REPLY TO: ...
November 11, 1988 ` Upland
Michael Bradley,,Esq.
Landmark "Land of California, Inc
78-140 Calle Tampico.
La Quinta, CA 92253
Re: Agreement-C,ity of La Quinta/Hotel Associates
Dear Mike:
I have made some changes that .you have requested,
specifically Paragraphs' 4_ and 5, commencing at page:4 and going,
over.to the top of page 6, have been' eliminated,, and .,,in place
thereof', I have used Section .4.03 from your proposal with..the."
addition of the •word "defend° after .Contractor agrees to..': and..
also by adding the provision that liability, will be.: not only for
the:.,conduct of your. client, but also its agents.,' contractor or -
subcontractors. I trust the agreement is.'.satisfactory in the
present format.
Yours very truly,
MARONEY, BRANDT & HOLDAWAY.
A•Professional Law Corporation
BY: BARRY BRAND ,.CITY ATTORNEY
CITY OF LA QUINTA
BB:kpc
Enclosure
cc: Frank Reynolds
wura ULuuYrUveiaeuz win -Li ne . uvne in pursuance -Lozne
t • standards-' of .the" CITY `and shall, remain the'private line" of the
CONTRACTOR. The construction of the improvement shall be,
subiect to the supervision bv--the-CITY accordina to the`nlans
all other.items necessary to complete the work.., CONTRACTOR
shall pay all:claims',.demands.and liability arising out .of or
resulting from or in connection with the performance of the.
work.. CONTRACTOR shall, furnish accurate, ."as,constructed"
plans.. CONTRACTOR'S .obligations "herein are not limited.by.any
cost.estimates,Aor will any resti,mate be ..a measure,'of damages.
3. INSURANCE:,. CONTRACTOR shall'. not commence. or. continue 'to
.perform any work' unless .CONTRACTOR has, in full force and
effect all required insurance with companies, satisfactory to.
CITY. To be acceptable, insurers must be authorized to'do
business,. and- have an agent for- service of process; in
California and have an "All policy holders rating and a
'financial rating of at'least Class -VI 'in accordance with the
current Best's Ratings. CONTRACTOR shall not perform or
permit any subcontractor, to perform .any. work unless the
worker's. compensation insurance 'requirements have been.,
complied with by'each of_them. All insurance policies shall
be. maintained until the work is, accepted by the CITY and
provide for coverage of all causes of action or disputes
arising out of acts in,performance of the construction of the
work herein whether said causes' or 'disputes *are filed or
brought to, the attention of the- CITY` before or .after the
termination of this contract.
As evidence of the coverage, CONTRACTOR- shall provide.
certificates of: insurance and endorsement on CITY forms. .Each'
certificate, shall bear an endorsement to right of cancellation
3
or change in coverage with forty-five, (4 5) .days notice in.
writing'delivered to CITY. ;.
Before ,.commencement. of the work, CONTRACTOR shall provide' 1
certificate(s) of insurance, satisfactory to CITY, certiyn
a g
that CONTRACTOR, :and.each of CONTRACTOR.'S subcontractors:, has.
for the agreement period, full worker 's compensation insurance
coverage for all persons who are or may, be employed in'
carrying 'out the work,. .
Before commencement of the work, CONTRACTOR shall provide -t9
CITY certificates. of insurance and endorsements that
CONTRACTOR has liability insurance -coverage naming,CITY as,.
..additional insured for -both bodily injury .and property damage
.,in a single limit of not less than that required by the
Specifications.
,Liability. insurance. coverage, shall include each, of the
following. types-of,insurance as required by the CITY to carry
out this agreement.
A.' General'Liability. B. Automobile Livability„.
1.n Comprehen,siv*e,Form 1. Comprehensive Form '
2. Premises -Operations. Including,Loading,'&.
3. Explosions and Collapse. Hazard 'Unload Including
4. Underground Hazard a) Owned
5 -Pro-ducts/Completed Operations b): Hired
Hazard c) Non -Owned
6..' Contractual Insurance
7.. Broad -Form Property Damage
Including.Completed Operators
8. Independent Contractors
9., Personal Injury :
Any, liability insurance -shall include as !additional* insured
the CITY, CITY Council•Members, CITY,S Engineer, and •their
t
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companies must be authorized to do_business and have an'agent
for service of process i' a,,-- be on. the accredited
list of-the.United States Treasury.Department, and or have`an
"A .policy holders 'rating and a financial'rating of C1ass,.VI
or better in accordance with the current ''Best's Rating. " . The .
bonds will.be limited to. amounts, acceptable to the' Treasury '.
Department.
None.of the following shall in any way effect the obligations
of any surety. Each surety waives notice thereof: (a) any'
change, extension' of time, alteration or additions to' the
terms of the agreement"or the work to be performed, or -,the,`
Plans. and specifications therefor; (b,)'any matters unknown, to.
surety which might affect, surety's risk except, that CITY will
advise, 'surety upon 'request o.f the following: (1) any
written claims it receives from unpaid subcontractors or...
suppliers, 'and (2) any ,written orders received from other
public authorities.charging violations of laws,, ordinances:.or.
regulations,. and.. (3), failure'of CONTRACTOR, to comply with any
written notice to correct defective work. The obligations of
CONTRACTOR.shall not be lmited''by the.�amount of such bonds
6. TYPES' /AMOUNTS OF SECURITY: In lieu of payment and performance
bonds, CONTRACTOR may furnish .CITY'either cash, a Letter of
.Credit, -in -a form acceptable to the CITY, or an Agreement of
Deposit.as security for perf,ormance.' Said security.,shall'be
in an amount.. not less than one hundred percent (100%) of the.
s
cost. estimate . and, in'. addition, for payment of: those.
furnishing materials, labor or equipment in an amount not less
than one, hundred percent (100%) of the cost estimate.. Said
security agreements shall. be .on forms furnished by CITY. No
,alterations or substitution of said forms will be allowed..
The, obligations of CONTRACTOR ,shall not be 1•imited'by the
amount of .the security, required.'. No,interest`shall be paid
CONTRACTOR -on any cash deposit_ made pursuant to this
paragraph.
7. PARTIAL UTILIZATION: Until all work has been completed and
accepted by CITY and all other public authorities ..having
Jurisdiction, CONTRACTOR shall be responsible. for the, care,
maintenance of, and any damage.to the.work.
When the work or any portion of it is sufficiently complete
to be utilized or placed into service, CITY shall have the
right upon -written notification to CONTRACTOR to utilize.such
portions of. the work and to place the operable portions into
service. With this notice and commencement:_ of utilization or
operation :by the CITY, CONTRACTOR shall be relieved of. the
duty of maintaining the .portions so utilized or placed into
.operation. H6wever, such use:.and'operation shall not relieve
CONTRACTOR of the full responsibility for completing the work.
in its entirety, for making good defective work and materials,
for protecting the. work from damage., and for being. responsible
for damage and for the ..work as set forth herein. Nor shall
such action by CITY be deemed completion and acceptance`..
Further,Such action shall not 'relieve CONTRACTOR, or .
CONTRACTOR:$'sureties}and insurers of the,.provisions hereof'
relating to indemnity and guarantees.'
8. CONTRACTORS AND AGENTS: CONTRACTOR shall be' as fully,
responsible .t6,CITY for the.acts and omissions. of CONTRACTOR'S
subcontractor' and-. of the. persons directly or indirectly
employed: by CONTRACTOR.' Nothing contained in.:the-,-agreement:
,• . , .
shall create' any. contractual' relationship.•between ;any;
subcontractor or others and CITY. 'CONTRACTOR shall bind.
every contractor to be bound.by the terms of this agreement..
9. DEFAULT BY CONTRACTOR: CONTRACTOR shall'be 'in.def ault of
this. agreement• if; CONTRACTOR refuses or fails to. prosecute
the work or any separable part thereof with such diligence'as .
will ensure i'ts.completion within the time. specified herein,
or any written. -extension. thereof,.or fails to complete such
work within such time,. or if CONTRACTOR fails to make prompt
+ payment for, materials or :labor or if CONTRACTOR disregards
laws, ordinances; or .instructions of CITY. CITY may
.thereafter serve written notice, upon the .CONTRACTOR and. f
CONTRACTOR'S surety of its intention to declare this agreement '.
in. default. , Said, .notice will contain the- reasons' for such
intention to declare'a default. Unless, within ten-(10).days
after the service of such notice, -such violations. shall cease
and satisfactory arrangements for the corrections thereof bei.
made;,this agreement shall upon the.expiration of said time ,
be in default.
Upon such default, CITY shall serve written notice thereof
Upon the surety-and`CONTRACTOR.,.and-the surety shall have the
right to •take over and perform this'agreement.. If the surety
does'not,' within fifteen (15) days.aftei the serving upon,it
of a notice of -default, give CITY written notice 'of. its
intention to take.oder and perform this agreement or does not
commence performance thereof within thirty (30)rdays.from the
date. of CITY'S notice, CITY may take over the work 'and
prosecute the same to the extent of. completion it .deems..
necessary by contract. or by any other- method it may deem
advisable for, the account., and at the expense of.CONTRACTOR,.
and the surety shall be liable to -CITY for any cost or other
damage occasioned CITY thereby. In such event CITY may,.
without liability for ,so doing, take, possess ion of'and utilize
in completing such work' such materials, appliances, plants,
and other property belonging to CONTRACTOR that may be on the
site'of the work -and be necessary therefor: Should, -surety
fail to take over.and diligently perform the agreement upon
Principal.'s default, surety agrees to promptly on demand
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deposit with CITY such amount as--CITY-may reasonably estimate.
as the cost. -of completing, all of CONTRACTOR'S •obligations..'
For any such work that'CITY elects to.complete.-by furnishing
its.own employees, materials, tools, and equipment, CITY shall;..
receive reasonable compensation therefor including costs - of
supervision and overhead.
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CITY may at its option.,.elect not to complete .any or all of:
the work and may elect, not, to acceptaany of the work already,
completed. If CITY elects. not to accept any of the work, .then
all CITY'S. obligations,, to"' CONTRACTOR and -the lands to be
served,_ s:hall' terminate. CITY'S .obligations., to CONTRACTOR.
and the lands to be: served, `shall continue to'the extent of:
any .acceptance, ` subject to CITY'S .right 'to �of fset any, sums due
!..,the. CITY:.
The foregoing provisions are,. in addition `:to and not in
limitation of any other.rights or remedies available to.CITY.
10. DELAY BY CONTRACTOR: If 'the work is.suspended or. otherwise
not continuously prosecuted for any cause whatsoever, within..
or. without the time for 'completion, ,CONTRACTOR ..shall,. at.
CONTRACTOR'S sole.cost and expense, remove: and replace all or
any portion of the work already completed and inspected•which
CITY, in' its sole discretion, determines is or can be damaged'. ,
11. ATTORNEY FEES AND COSTS: •Should CITY engage'an attorney.to
enforce any provision of this agreement or to defend* any claim .
brought by anyone. arising.out of the.failure of CONTRACTOR.to
perform any of CONTRACTOR'S obligations,. under this. agreement,.
CONTRACTOR. shall pay all of -CITY'S attorney fees•incurred,.in. '
connection therewith; -with or without' -suit whether or not
said attorney is in the regular employ of.the CITY.
12 ASSIGNMENT:. The performance of the, agreement may not be
assigned,.except upon.the written consent of CITY. Consent --
will not be given to any. proposed assignment which would
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relieve 'CONTRACTOR or CONTRACTOR'S sureties of their
responsibilities under the agreement unless CITY.•finds'that
assignee, can perform this 'agreement and provide security
comparable to -that provided by CONTRACTOR. ;
13. NOTICE: All, notices required hereunder shall .be -deemed served
01.
or given.upon the earlier.of'actual receipt or. deposit in the .
U. S. Mail,., `first, class postage prepaid: addressed _to.
CONTRACTOR: at the .address set .forth below, to, the, surety at
the address in the security instrument, and to CITY at. -CITY
HALL, P. 0. Box 1504, LA'QUINTA,�CA 92253.`
14. MAINTENANCE:' The CONTRACTOR agrees'to exercise reasonable
care in inspecting and -maintaining the improvement. 'In the
event -the-:CONTRACTOR fails !to. use' reasonablecare in
maintaining the improvement, the CITY'may after'ten'(10) days
written notice to CONTRACTOR perform,all necessary maintenance
to the improvement. .CONTRACTOR shall reimburse CITY`for the
reasonable cost of the maintenance performed by, the CITY..'''
.15. RELOCATION: It is, understood and.agreed that,in.the event*•the
IMPROVEMENT materially interferes with construction, which is.>
required to.'implement the street improvement' plan from
Eisenhower. Street, approved by the ~CITY 'OF LA QUINTA
1988' (hereinafter "Street Plan"), CONTRACTOR
shall commence relocation of the IMPROVEMENT, at CONTRACTOR'S �y
sole cost and expense, upon not less than days written
notice from the CITY. The parties shall mutually agree on the