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1429w-�.•..+.n�� Rp.'M+Y�a.J�'y4A'�•vCuw�K��+�r�k.C►'/ ��:��"v-;�'St7FyEK'i+0i►`'-�+L+;i;-'�'��: --{---�L------------------------- — — — — — — — — — — — — — — -------- ----_-- NOTE: t 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 I.II, DATE: May 11, 1992 Minor Improvement Permit Class IVB. LOCATION OF CONSTRUCTION — 78-950 Highway 111 & Adams Street ' r (Street address or Description of Location) PURPOSE OF CONSTRUCTION Adams Street Improvements Sketch (attach construction plans if appropriate) DESCRIPTION OF CONSTRUCTION Rousth Graditst Per rough grading plans ' See attached conditions DIMENSION OF INSTALLATION,OR REMOVAL _ l SIZE OF EXCAVATION, IF NEEDED Fill 10,000 cy APPROXIMATE TIME WHEN WORK WILL BEGIN A 7/1/92 APPROXIMATE TIME OF, COMPLETION -A3( 7/31/92 ESTIMATED CONSTRUCTION COST $ 72AM, (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 pursuant to this application. Notifyy the Administrative Authority at least twenty-four (24) hours in advance of the time when wofk 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 La Quinta and to pay for any additional replacement necessaryasthe re t of this work. r If' Signature of Applicant or Agent Wal—Mart Stores,,Inc. 701 WAlton Blvd. Bentonville, AR112716 (501) 273-8380 Name of Applicant (please print) 4.. Business Address Telephone No. Day Construction Co. (David Name of Contractor and Job Foreman uerner) 18448.Ward, Fountain Val] Business *Address CA (714) 963-0971 Telephone No. 610643 4 2135 Contractor's License No. City Business License No. Frank B. Hall Co. (714) 611-8355 CLS007774 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit —Class III -^• - A Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs Minor Improvement Permit — Class IV: See attached schedule Inspection Fee ' $ Permit Fee 0 Penalty Cash Deposit -Surety Bond if required TOTAL: $ 0 Receipt No. Received by Date Recorded by PERMIT VALIDATION PERMIT NO. 1429 c DATE APPROVED 92 EXPIRATION DATE 7/31/92 1429 DATE ISSUED fdk�W 6/17/92 By ,.. Administrative Authority TELEPHONE: (619) 564-2246 kf p • a� � r. SPECIAL CONDITIONS --PERMIT NO. 1429 --- ROUGH GRADING --- The following conditions shall be met to the satisfaction of the City Engineer. 1. Permit is issued for the sole purpose of grading. 2. Permittee shall be responsible for providing continuous dust and erosion control. 3. Streets shall be kept clean. They shall be completely cleaned at the end of the working day and more frequently if required. 4. Contractor shall comply with the local noise ordinance. Operation and maintenance of equipment within one half mile of human occupancy shall be performed only during the time periods as follows: October 1st to April 30: Monday -Friday 7:00a.m.-5:30p.m. Saturday 8:00a.m.-5:OOp.m. May 1st to September 30: Monday -Friday 6:OOa.m.-7:OOp.m. Saturday 8:OOa.m.-5:OOp.m. Work shall be prohibited anytime on Sunday and federal holidays. 5. Permittee shall assume responsibility for repair of any pavement breakdown at the haul road access to any public or private street and for any damage to other City streets or facilities. 6. Any on-site haul road shall be effectively destroyed at the conclusion of the work to prevent use by unauthorized vehicles. 7. Construction traffic shall be permitted a single access point from Ave 47 only, subject to the approval of the City Engineer. Advance warning signs and traffic control shall be installed and maintained in accordance with Cal Trans Standards. Permittee shall submit a traffic control/ circulation plan for approval by the City Engineer prior to the start of any work. 8. Permittee shall notify the City Engineering Dept. at 564-2246 at least 24 hours in advance of starting construction. 9. Prior to the start of the clearing and grubbing operation the permittee shall pre -water the area to be cleared to prevent airborne dust. SPECIAL CONDITONS --- PERMIT NO. 1429 CONTINUED 10. The rough grading shall be performed in accordance with the approved rough grading plan prepared by Hall & Foreman Inc.' 11. The City will perform soil and compaction testing for the grading operation at no expense to Wal-Mart. Contractor/Wal- Mart will be responsible for soil and compaction testing for any other work done such as trenching for the installation of utilities after the grading is complete. 12. The grading contractor shall pay prevailing wages and provide certified payrolls-.' 13. Upon completion of the grading, permittee shall construct an earthen berm 31+ high with slopes > 3:1 at his own cost at the following intersections to prevent errant traffic from attempting to use rough graded Adams St. 1) Hwy 111 and Adams (south) 2) Ave 47 and Adams NOTE: With proper validation this form constitutes an encroachment permit CITY OF LA QUINTA APPLICATION FOR PERMIT PUBLIC WORKS CONSTRUCTION (ENCROACHMENT) Ievu c3 E-1 <71 iZ4D•r AICG �P fzr-I i T 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 Z Subdivision Improvement Permit— Class III DATE: Minor Improvement Permit Class IV LOCATION OF ONSTRUCTION 7,? — 9'50 /4 w Y / / 1 Qmj 1� 14a kw l a ,71 j (Street address or Description of Location) PURPOSE OF CONSTRUCTION 101417► A Ad nn01�1 �n,►��n�" Sketch (attach construction plans if appropriate) DESCRIPTION OF CONSTRUCTION DIMENSION OF INSTALLATION OR REMOVAL SIZE OF EXCAVATION, IF NEEDED APPROXIMATE TIME WHEN WORK WILL BEGIN APPROXIMATE TIME OF COMPLETION 7 /,'71Cf7 ESTIMATED CONSTRUCTION COST $ 7-9 , DDD (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: tZ /FoX,1,14 67"L)I C_� fLigN 5 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 pursuant to 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 La Quinta and to pay for any additional replacement necessary as the result of this work. JLIJ-7a aj I amm _., Signature of Applicant or Agent _%27 I L, •561 ) J 7 3jS a Name of Applicant (please print) Business Address Telephone No. ,u ,"I j Name of Contractor and Job Foreman Business A dress Telephone No. ,!� 119L35 Contractor's License No. City Business License No. 7jg,2&. &Irl/ -m. Z11) 16 -R: 85 1,°L -7774 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit — Class I II Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs Minor Improvement Permit — Class IV: See attached schedule Inspection Fee Permit Fee Penalty Cash Deposit -Surety Bond if required TOTAL: Receipt No. Received by Recorded by $ 0 Date 1 186 PERMIT VALIDATION p PERMIT NO. DATE APPROVED 2, EXPIRATION DATE DATE ISSUED By Administrative Authority TELEPHONE: (619) 564-2246 IMPORTANT MESSAGE FOR I �� J DATE -2-7 TIME P. M. OF PHONE ❑ FAX AR ACO E NUMBER EXTENSION ❑ MOBILE AREA CODE NUMBER TIME TO CALL vil TELEPHONED PLEASE CALL CAME TO SEE YOU " WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CALL WILL FAX TO YOU MESSAGE SIGNED TOPSFORM 4009 LITHO IN U.S.A. J i i I 1- ' 1 i. •t.I,f r '.t ,° t i ..?r t .,t ref• .s , l r �t�.• t.t 1 - -t a tri .� ,.�., i` �-• -`- � •�� � . COUNCIL MEETING DATE: 3/17/92 ITEM TITLE: Consideration to Reimburse Wal-Mart for Additional Off-site improvements AGENDA CATEGORY: PUBLIC BEARING: r BUSINESS SESSION:• CONSENT CALENDAR: STUDY SESSION: FISCAL IMPLICATIONS; APPROVED BY: No additional appropriation is needed for this action.. The funds will be drawn from the capital improvement account set up for the improvement of Adams Street betwe.en Highway 111 and Avenue 47. RECOMMENDATION! By Minute Motion authorize reimbursement up to $73,000 to Wal- Mart Stores, Inc., for off-site improvements on Adams Street south of Highway 111 upon satisfactory completion of the work. 'Submitted by: Approved for submission to A / ,City Council.- Signature ouncil: Signature RON KIEDROWSKI, CITY MANAGER r � �+� LJ �utnta MEMORANDUM .1982. 1991 ren Cam Deceit TO: ONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM:' Assistant City Engineer DATE: Marche 13; 1992 SUBJECT: Adams Street Rough Grading South of Highway 111 As you may recall, on 12/3/91 the City Council approved $195,000 for the design and construction of Adams Street between Highway 111 and Avenue 47. The design contract was awarded to Hall & Foreman and they are nearing completion of the plans. However, the plans will not be available to advertise for bids for approximately another month with construction starting in mid May. . The Adams Street project was sponsored by the City in response to a need to establish the ultimate -street grade to accommodate a new waterline that must be installed in this segment of Adams Street. The Wal-Mart store is under construction and has a scheduled grand opening date in July. However, that opening date is in jeopardy due to a conflict in construction timing. In order for Wal-Mart to proceed with the surface improvements on Adams Sireet north of Highway 111 as well as other on-site surface improvements it is necessary to finish the underground -westerly work first. However, the waterline cannot be installed until the rough grade is prepared and the City is not able to start construction on the rough grade until mid May. As a result it has been proposed that Wal-Mart construct the rough grade on Adams Street south of Highway 111 and have that expense reimbursed by the City.. Since the City is already committed to paying for the rough grade as a part of the Adams Street improvement project approved by the City Council on 12/3/91, the proposed reimbursement is not an additional expense to the city but instead it is an alternate,way to pay for the same improvement. By having Wal-Mart make the rough grade improvement, it is possible for them to proceed with construction of the store in a timely manner that meets their scheduled grand opening date, Day Construction Company, which is the contractor for Wal-Mart Stores, Inc., solicited competitive bids from three (3) grading contractors for the rough grading work. The bids are as follows: 1. Paragon Enterprises $73,000 2. G.L. Gaylor Construction $74,800 3. James T. Dunphy Co. $96,200 All of the bidders based their bids on having to import acceptable fill from a non-specified site. As a result, the soil import portion on each of the bids is the largest portion of the bid. Day Construction Company says if a suitable borrow site can be located near the construction site, such as the Washington Square property or the La Quinta Canyon Center property, the import cost can be substantially reduced. However, it should be noted that the City rarely gets involved with locating borrow sites and the low bid is within the City's budgeted amount for this portion of the work. RECOMMENDATION Staff recommends that the City Council authorize up to $73,000 in reimbursement to Wal-Mart Stores, Inc. for construction of the rough grade on Adams Street between Highway 111 and Avenue 47 subject to the following conditions. 1. The rough grading shall be performed in accordance with a separate rough. grading plan prepared at Wal -Mart's expense. The rough grading plan will be based on the street plans currently being prepared for the City by Hall & Foreman, Inc. The rough grading plan shall be signed by the City Engineer prior to commencement of construction. 2. The rough grading work shall be performed in accordance with a "no fee" encroachment permit issued by the City. 3. The City will perform soil and compaction testing at no expense to Wal-Mart. 4. The grading contractor shall pay prevailing wages and provide certified payrolls. Co biiio�s 1�-tj,4 Nt S -s7-. r� VRIT9 R. 9MA061NG NICK E. VOCCA C. 04A10 CARLOON IO'ILLMIM A. RAUTN III K. C. OCHAAF RICHARD C, GOOOMAN JOHN J. MURPHY THOMAS A CLARK, JR. 09N A. PRYO..AN DAVID A. M•swsN PAUL 6. GALE RVPOLRW 0. ONCRARD ROOEAT J. KAN9 M. O. TALOOT V*VCE C. IPWART E. KURY YEAOER 110KR'T J. WMALEN RGiERT 9. RICH TMOMAS A. PIOTONE AANDALL J, 9M9RMAN GAUGE W. r9UOMT91011 MARK J. HU9RiCM AARNN A. OL610 9L13AKYH C. OREER E011,#C9 O. MAY OONALO J. MANNAN JOHN J. 1WIOART, JR. MICHAELA. IAULOCKI N91LA R. O9RN6 T9IN C9696TE OTAML OAAOV CHRIPTOPM9R J. 916MTRIC14 JOEL K GUTM JV09 M/COV AXING DAWN C. MONKVW96L OWCN 11. LUEOW LAWRENCE R, CONN STRADLINo, YOCC.A, CARLSON & RAUTH MAR69Y 6. 04866ANO A PROMOSIONAL CORPORATION (ATCPH9N T. /RRUMAN ATTORNCl/8 MOUNT A. W114014 AT LAW CHERYL A. OOW NICNOLAO J. YMCA 660 NEWPORT CCNTCR ORIVC, SUITE 1600 JULIE M. PORTER PAST OrrICE EOY 70110 VRIT9 R. 9MA061NG NICK E. VOCCA C. 04A10 CARLOON IO'ILLMIM A. RAUTN III K. C. OCHAAF RICHARD C, GOOOMAN JOHN J. MURPHY THOMAS A CLARK, JR. 09N A. PRYO..AN DAVID A. M•swsN PAUL 6. GALE RVPOLRW 0. ONCRARD ROOEAT J. KAN9 M. O. TALOOT V*VCE C. IPWART E. KURY YEAOER 110KR'T J. WMALEN RGiERT 9. RICH TMOMAS A. PIOTONE AANDALL J, 9M9RMAN GAUGE W. r9UOMT91011 MARK J. HU9RiCM AARNN A. OL610 9L13AKYH C. OREER E011,#C9 O. MAY OONALO J. MANNAN JOHN J. 1WIOART, JR. MICHAELA. IAULOCKI N91LA R. O9RN6 T9IN C9696TE OTAML OAAOV CHRIPTOPM9R J. 916MTRIC14 JOEL K GUTM JV09 M/COV AXING DAWN C. MONKVW96L OWCN 11. LUEOW LAWRENCE R, CONN STRADLINo, YOCC.A, CARLSON & RAUTH MAR69Y 6. 04866ANO A PROMOSIONAL CORPORATION (ATCPH9N T. /RRUMAN ATTORNCl/8 MOUNT A. W114014 AT LAW CHERYL A. OOW NICNOLAO J. YMCA 660 NEWPORT CCNTCR ORIVC, SUITE 1600 JULIE M. PORTER PAST OrrICE EOY 70110 MARK T. PAWN MICHAEL E. rLYNN NEWPQRT G9ACM, CALWORNIA 02600'0441 0109907 C. rUN0T9041 AL9TA 601,1109 ORYANT RONALD A. VAN OLAACOM OT9RNEN M. M.NANARA "my A. 09140901YON CAAOL 6 119W OENI�E HAROAyOM NER.NO •AROARA 3910 6410060 . JON 9. GOET9 ALAN J. K9069L GARY R DOWNS JOHN O. IM964010 N1CMA91. J. P9NDERDJIOT "VIC K MANN MMwTOrMiR M. MON0�4N1.0� DANA M. K99NOM OARRYL IL 4i"ON JOHN 0. MIC6CNDON 70DO R. THAKAN 11111664"" T. 119901"" 11110090IT C. WALLACE "MON O. MORLER GERARD L. OOAAM JOHN OF. CANNON JOHN E. WOOOMEAD FV DDUGLAO R r91CK VALLIAM J. MOALET TC69PN0NE (714) 1730.4000 TEL9115MONE (7.4) 040.10:3113 rAx NUMO9R (714( 7/6.4100 June 120 1992 Mr, Mike Nelson Mr. Bob Bedard Wal-Mart Stores, Inc. 701 South Walton Boulevard Bentonville, Arkansas 72716 JOHN 9, r01EcK9NA10o9 RCN^ C. GTON9 or C0Vw9L WRITCR'P O.RRCT (nA6; (714) 725-4179 Re: La Quinta Redevelopment Agency - Agreement to Be Recorded Affecting Real Property Dear Mike and Bob: The City Attorney and.1 have discussed your demand that your roughgrad-Ing-permit be released, and iwe­h-ave tn-9-t=u_cted the_,Ci,ty thatthe--permit should —t—be withheld on the grounds that Wal-Mart has not ezecuted`the-Agreement to Se Recorded Affecting.,Real Property. You should know, however, that as we interpret the Owner Participation Agreement ("OPA") between the La Quinta Redevelopment Agency and Washington/Adams L.P., Wal-Mart has assumed the obligations of Washington/Adams L.P. with respect to the Wal-Mart site by virtue of its purchase of that site. We,expect that Wal-Mart wi21 carry out the construction required by the OPA within the times set forth in the OPA, and will comply with the redevelopment plan and the nondiscrimination provisions of the OPA, Furthermore, we expect that you will in good faith negotiate and execute a recordable Agreement To Be Recorded which is in compliance with the OPA. As you know, the overriding purpose of these requirements is to ensure that a Wal-Mart store is built in accordance with approved plans and specifications, as well as the redevelopment plan and state nondiscrimination laws. The Agency has no Mr. Mike Nelson Mr. Bob Bedard ' June 12, . 1992 Page Two. obligation to make any payments under the OPA to Washington/Adams L.P. until this and other conditions are satisfied. Accordingly, we expect to hear from you promptly as to your comments on the draft Agreement to Be Recorded Affecting Real. Property. Very truly yours, ST LING, Y CCA, CARY,SOIQ & RAUTH Jon E. G et JEGscmm . .. Nnclosures cc; Thomas Genovese Steve Speer Mark Huebsch, Esq. Dawn Honeywell, Esq. Thomas Childers