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2252
NOTE:, `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 DATE: 10-19-94 Subdivision Improvement Permit —Class II I Minor Improvement Permit Class IV LOCATION OF CONSTRUCTION Tract # 23995 Miles Ave 8 Adams St. "Reunion" Inco Homes (Street address or Description of Location) PURPOSE OF CONSTRUCTION Construct Concrete DESCRIPTION OF CONSTRUCTION Install curb i gutters, cross gutters, local depressions, & spandrels DIMENSION OF INSTALLATION OR REMOVAL SIZE OF EXCAVATION, IF NEEDED APPROXIMATE TIME WHEN WORK WILL BEGIN 10-20-94 APPROXIMATE TIME OF COMPLETION 10-31-94 ESTIMATED CONSTRUCTION COST $ 82,577 (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: Sketch (attach construction plans if appropriate) '� See attached conditions See approved plans for Tract 23995-1 D Q 0 OCT 21 1994 By Indemnify, defend and save the City, its authorized agents, officers, representatives and employees, -,"ha rm less f ,and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accidentlloss.o amage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application. I 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. Signature of App (cant or Agent Inco Homes 250 B. Rincon Ste 202 Corona, CA (909) 736-0700 Name of Applicant (please print) Business Address Telephone No. A.R. Austin Eng. 387 S. Arrowhead Ste. "B" San Bernardino, CA (909) 884-9410 Name of Contractor and Job Foreman Business Address Telephone No. 136867 Contractor's License No. City Business License No. Commercial Union FALF 28894 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit — Class 111 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. 809 10 $ 819 Received by Date 2252 PERMIT VALIDATION PERMIT NO. 2252 DATE APPROVED 10-19-94 EXPIRATION DATE 12-31-94 DATE ISSUED b Z) By Administrative Authority Recorded by 11 TELEPHONE: (619) 564-2246 ,.. .. ...w,.) r'y. , .. , ..,.. .: ,.-•nq.r^r�.7'I+s:r�is+•yu:�m.._., ..:.., f;•7NiC• ` r. � � �" •• �"✓,2 r i MILES �= ' �AVEN^ ` 16 37 38 139140 i 1 2 3 4 5/ 7/ 8 .� i5/'17 -� 36 — - 6 9 ` 14 Tract 2399571 ig I r35 3q :•33 t 32 31 130 '291'2g 10 13 f 9 l !7 18 . 2f /� 1 26 �� 12 / 20 pl.ase 202 17 18 '25 24 19 2f\ 19 f5 \3 f6 202 f i 3 22 145 15 12 22 10 I �—'�� 3. I i 13 \1314 2 9 24 13 f2 ' 12 6 8 I `. 8" 11 25 14 7 7 g I I (6iq) 3�5� Zl3`fi��2. f1 9 f0 526.15 9 6 i 10 I 4 g 8 i �27 f6 •• 10 7 - 3 5 I h 11 6 2 1 26 i 17 I w w 12 17 18 g ,� 27 3 I,' . 13 ' 2 / 3 2 28 i 23 2 16 22 f 14. 6 f I 15 22 29 22 2 f 20 1 I 2425 25 27 23 / 23 26 24 r. 28 24 < 28 30I i 32;33�34 I 22 27 23 ( 29 25 2 21 22 26 27 3f 1 3f wG 20 28 30 37 r i . 3. I r -1. s! 1 21 31 ; rA . 19 29 20 32 36 I 2 30 4 18 30 19 3 29 5 �` h �O 17 10 /� 31 18 5.-\ 4 28 6 16 14 9 13/ 17 I �►'�.� 15 8 i 14 16 13 6 27 7 7 2 15 15 f4 7 12 � 16 �f 2 5 8 16 I ! 1 \ 17 11 8 5a I \ 14 X17, . !0/ 0 9 24 45 18 20/2 I 14 19 8 21 2 23 13 20 �. i2 2� 6:pf r �; �iiE1',.? •21 1264 : 1 to 28 19 . 1 ,Y 5 4. 16 1 3 2 18 17--- � � r PW.DMC.940802D ` INCO HOMES CORPORAIWN SUB -ACCOUNT CODE: 0101 General Liability: Commercial Union TRADE: Curb/Gutter/Sidewalk Workman Comp: California Indemnity PROJECT NAME; Reunion TRACT #: 23995 Phase I & II, LOT NUMBERS: 2399S -IM (Lots 3234 OPEN LOTS (Lots 36-40 23995-1 (Lots 1-31),23995-2 (lots 1-34) SUBCONTRACT SECTION 1 Parties THIS SUBCONTRACT (herein referred to as "Agreement') is made and entered into as of September 13,1994 , at the Inland Division, between INCO HOMES CORPORATION, A Delaware Corporation, Contractors License Number B691684, whose address is 250 E Rincon Ave.,Suite 202, Corona, CA 91719 (hereinafter referred to as "Contractor') and A.R. Austin Engineering, Contractors License Number 136867, whose address is: 387 S. Arrowhead, Suite "B", San Bernadino, CA 92408, (909) 884-9410, (hereinafter referred to as "Subcontractor" SECTION 2 Fundamental Agreement Provisions 2.1 Fundamental Agreement Provision: The fundamental agreement provision of this Agreement are the provision referred to in this Section and the Articles and Exhibits referred to herein. Reference to.fundamental agreement provisions shall not be deemed as a limitation on any of the other terms and conditions, including but not by way of limitation the GENERAL TERMS AND CONDITIONS of this Agreement, contained in this Agreement Each reference in this Agreement to any of the fundamental agreement provision contained in this Section shall be construed to incorporate all of the terms and conditions provided under each fundamental agreement provision and the Articles and Exhibits referred to therein, In the event of any conflict between any fundamental agreement provision and the balance of any other terms and conditions of this Agreement, the latter shall control. 2.2 Project The term "Project" as used in this agreement is the improvement being built by contractors at the location and legal description hereinafter set forth in accordance with the plans, drawings and specifications 2.3 Location and legal Description of Property: Tract 23995-1M (4 lots), Open Lots (5 lots), 23995-1 (31 Lots), & 23995-2 (34 Lots), as per attached "highlighted" map. 2.4 Work to be Performed: Subcontractor shall perform the work specifically set forth on Exhibit "A" (Article I and Exhibit "A'). 2.5 Subcontract Documents: "Subcontract Documents" shall mean this Agreement and the plans, drawings and specifications for the Project prepared by B3 CSA. A.I.A. Architect and KWC Engineering C.E. (Article 5� 2.6 Owner. The term "Owner" as used in this ,agreement is INCO HOMES CORPORATION, its successors and assigns 2.7 Prime Contract: "Prime Contract" shall mean that certain contract entered into by Owner and Contractor for the construction of the Project 2.8 Contract Price: The Contract Price to be paid to Subcontractor is set forth in Articles 2, 3, 4, 6, 7, 17, Exhibit "A", Addendum thereto, and Exhibit "B". 2.9 Time of Performance: Work to be performed in accordance with Superintendent's schedule. (Article 10 and 11). CONTRACTORS ARE REQUIRED BYLAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD WHOSE ADDRESS IS: CONTRACTORS' STATE LICENSE BOARD 9835 Goethe Road Sacramento, Ca 95827 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the addendum to Exhibit "A", Exhibit "B", Exhibit "C", and Exhibit "D", attached hereto as of the date and year above written, all of which comprise the complete agreement.. INCO HOMES CORPORATIOHelaware Corporation A.R. Austin EngineerinE /� Joseph P uo , D' Wr of Purchasing "Con Russell Borg, General Manager "Subcontractor" Date& I ,7 l �'i` Dated: GENERAL TERMS AND CONDITIONS ARTICLE 1 Subcontractor's Performance 1.1 Subcontractor agrees to furnish all labor, materials and equipment necessary to perform the work described in Exhibit "A" upon the terms and condition and in the manner required by the Subcontract Documents L2 Subcontractor agrees to perform in a good and workmanlike manner and to furnish all !abor and manuals lad materials shall be of :Int quality and new unless JE;+ = specified by the plana and specifications), supplies, equipment. services. machinery and :oohs aecessarf for he complete and satisfactory performance !n strict accordance the Subcontract Documents all the work specifically set forth on Exhibit "A". ARTICLE 2 Contact Price 21 As compensation for the performance of all of Subcontractor's work and other obligations hereunder, Contractor shall pay Subcontractor the total sum set !or= Exhibit "A" (hereinafter referred to as "Contract Price") in the manner provided in Ar_°c!e 3 of this Agreement and subject to the additions and deductions through orders approved in writing by Contractor in accordance with the provisions of Article 6 of this Agreement. 2.2 The Contract Price to be paid Subcontractor pursuant to this Agreement includes he payment by Subcontractor of any sales tax or use tax pursuant to any Saies `-. Law or Use Tax Law, or respective amendments thereto, or any law now existing, or which may hereafter be adopted by Federal. State, local or other;overamental aut.cr: taxing materials. services required, or labor furnished, or any other tax levied by reason of the work performed or to be performed :order this Agreement. ARTICLE 3 Full Compensation - Payment Schedule 3.1 Subcontractor agrees to accept the compensation set forth in Article 2 of this Agreement as full compensation for doing all work and furnishing all .^scar� contemplated by and embraced in this Aement for all loss and damage arising out of he nature of :be work or from for m the action of the elements or from any uneseen . unknown difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by Contractor and Owner; and for all rinks Jf eve7 description connected with the work and the furnishing of equipment and materials. 3.2 Once each month on the day determined by the date of Contractor's requisition for release of construction funds. Subcontractor shrill submit to Contractor roc fors acceptable to Contractor of work completed during the period from the date of the Last previous report. So long as Subcontractor is not in default under this A47eemer: payment for the work completed, subject to the retentions herein provided for in subparagraph 3.3 of this Article, shall be made within twenty-five (25) days from "he '_a_ Coaeactoi s requisition for payment of invoices presented to Contractor prior to the date of Subcontractor's requisition for payment provided. that Contactor shat be::- obliated to male progress payments to Subcontractor until Contractor has received (i) city• county, state crother sppLicable governmental inspections; (ii) if appuc3ble, r.s=eC::C of FSA and VA as hereinafter provided in Article 7 of this Agreement; (iii) release of funds a -am the lender covering the state of completion reported by Subcorescar arc material and labor releases as herein provided for in Article 4 of this Agreement Any payment made hereunder or advances made by Conesctor prior to full completion ant acceptance of the work shall not be construed as evidence of acceptance of any of Subcontractor's work. !f conscruc_oo loan funds are deposited in a joint account. Subccc:rec reports shall be submitted on or before the appropriate cut-off dace for Subcontractor and its suppliers, or any of hem. Subcontractor's requisition for release of coosc-uc=a= and any repot. sot accompanied by all proper releases and invoices as required by Ardc!e 4 of this Agreement shall be . earned and not considered until •.I' a fallowing pay -?n: and only ' en when accompanied by all such releases and invoices. 3.3 In addition to all other provisions ofthis Agreement, and separate therefrom. te= percent 110t'- of • e acai Contract Pnce, plus or minus any than;e orders. =r• - withheld by Co cr3ctor from Subcontractor . 3 invoices. As soon as prscdcable after Subc3'n: ac:or'j ccmpiecon Jf ai! of ;Ls work hereunder, 5iai inspec=on 3nc :e3r3- made thereof ay Contractor and Owner. When such inspection and tests prove jatisfactar:. 'fie wo.•i .csil be 3ccet:Led, jubject. however, .o the iiapecria=s provicec ::.r : subpangr3pb 3.4 of this .� ;cue. Subcontractor shall furush Contractor and Owner wit= 3 9:esse )f ail =;a•=s 3gau:3c Cana -actor and Owner sr:3uig under Jr by ••irn:' :( :'- Agreement as more specifically required by Article 4 of this Agreement. other than jucn calms. I any, made with he consent of Contractor and 0—.er, and 3oec_:a.. excepted by Contractor from he operation of -he release in Stated amounts :o be jet fort* :herein. Cone3ct=r 3hsil be endued to withaoid -he :etencion due Suhcn�c:cr for a period of (i) 4i.:y-five (35) days from acceptance by Conc actor and Owner of work pe.^.'ormed. 3uotec: h=owever, m the provisions of 3uboarsgr3oh 3.4 of r3s:?.: r (ii) .for the period established by law to insure that there are no clsim3 or !fens a cornet=cn with 'he work Jr jga3=st :-e Project, or any portion thereof, wiuc.ever percc 3c occur I35L Contractor may od-jet against retentions payable any back charges, overay_enm an jay Jeer work performed by Subcontractor pursuant :o any other inch_ between Subcontractor and Contractor or the :e ,nq thereof, and any other !s we r.. Contactor may have 3gai"at SuocQnt:3car. y7s c/`�GY�J %C i�T�? tU • T k a. ." LU j�� 5 G.L,,� 3.4 Payments at: erwise due may be withheld by Contractor unrl complecca of ail cry, .-a un state. or ) Her 3-�rs ppiicsble ;o verenral m3pec_o, inclur g, I app j( !. m3pec_oas of = LA and VA as hereinafter provided in .Ardc!e 7 of this Agreement or on account of defective work noc remedied or claims filed: or ressoeable evidence ing probability of filing of claims; or ,failure of Subcontractor to make payments prooeriy to concr3c:cn .for mstersi or abor, or a ressonable doubt 'hat 'he Agreemea: din be completed for the balance then unpaid. II he .foregoing causes are removed, the wit"eid pay=e=r shad promptly be made. 11 said causes are not removed on wn'tten =o=ce. Contractor may rectify the same at Subconwactoi 3 expense. Should any valid indebted=esa arise e,-.- F:si payment is made, Subcontractor 3bail reimburse Coetrac:z. fa: any amount •hat it may pay in discharging any lien therefor or any claim afTec:i=; title m 'he work or :ye Project 3.5 The provisions of -his Ar'c!e are subject to all of the other provisions of hia A -Bement. educt.;, bu::roc :united .a..Ariclej !" add 20 of :his Ageemen:. AR't : C�. . `tate..^:sl and Labor Peieajes 4.1 Subco=_actor agrees to .furnish to Contractor and Cont acAr may refuse payee=t to SubconL-3ctar ur.le3s and Anel Subccneractar .furnns-.ej 10 C0nCr3Ct r xt:Ce- establishing rights w claim -f !iens and releases of all such clalas of all laborer3, mater.ai�.:. con: actors, and jubcontrector9 pe' - o =:-.g work 'Jr til :..30.Lng mCer a3; mntpay--eat ^.a2' this Agreeeall in a form 3at13factdry to Contractor, and it is agreed that no pay--eat_•u e ender j:i!'= -ie .race, except at Conttaciz,'j apron. ur!esj ufd 3ucb :_:essei are furnished :a Contractor. ARTICLE i Adherence to Subco=cac: Documents 5.1 Subcontractor's work shall be performed strictly in accordance with the Subcontract Documents and the plans, specifications and this Agreement. and all jut.. documents are :o be construed to supplement each other so that any work mentioned in: one juch document but not a m the other 3hail be performed in the fame =saner 3s .i mentioned in all such documents. Should a conflict arise between juch documents, the spec icstions jhall control over the plans. and this Agreement shall control over both the plans and 3pecificstions..Anything mentioned in the specifications and not shown on the drawings. or shown on the drawings and not mentioned in the specTIcador.s, shah be of like effect as if shown or mentioned in both. In case of discrepancies. the msrter Shad be jubmi-ed immediateiy to Contractor .for determination. ARTICLE 6 Changes in work 6.1 Contractor reserves the right by written notice to correct any errors or to make any Changes ii the 3pec'.L•cadons and the drswings. If such charges cause 3 mster.ai increase or decrease in the costs of performing the work or the time of performance. andwr.rten notice thereof :3 given to either perry. withinrive (5) days after the giving of juch nonce of change an equitable adjustment in the compensation and the time of performance shall be made. Subcontractor agrees to aske any and all changes, fu.: -3' -he materials and perform he work that Contractor may require without nullifying this .Agreement at 3 reasonable addition to, or a reduction from, the Contac: Price stated _e:ein, and pro sca to :he jame. If the parties cannot agree upon such adjustment within rive 'S) days after :he receipt of the notice of change referred to herein, the matter jhs.! be submitted :0 3rbit:ation 33 hereinafter provided, but Subcontractor shall proceed iamediaeeiy with :ye work as changed. 6.2 Under no conditions shall Subcontractor make any then• es either as additions or ?e•.iuc:ion3 +it.out :he prior written order snd approval of Cone: ac:or and Cone3c.or sFail not pay any eurs char;es made by the Subcontractor that ave not been agreed upon prior :hereto .r w .,.-_ng by Contactor. [n no event 3ha11 Cor,trsc:or mske payer: ter any such extra charges unless and until the Contractor itself receives a payment from 0wr.er. SubconL3-:br jhail Submit immediately to the Concsctor writ:en copiej J(:L3 cost or credit proposal for changes in the work. Disputed work Shall be performed ss oraered in writ .; by :he ConL 3c:or and the proper costs or credit b.essdowtu Lh=:e:or shail be subm;ced without delay by Subcontractor to Contractor. 6.3 If Subcontractor fails to dive notice of claim relating to any work for which campenasuon :s arse: ted ......, -':.-y (30) days after juch work is performed. Subcon-ac:or shsll be liable .for the expense thereof. 6.4 If Succont•3ctor inmates 3 jubscitution, deviation or change in the vork w^.r.. affec:j :he scope Jr :he tea:'< or _he rpen3e of ather usdej. Subcon C'actor ehsd be .:able for -he •.:pease :hereof. INITIAL= ���- ARTICLE " Inspection and Rejection of .Materals and Workmanship 7.1 All work and materials furnished shall conform to the requirements of all cty, county, and state ordinances and laws. All work shall meet with :he approval and inspection of the city, county and state where the work is to be performed or materials are to be furnished. If the work being performed is being constructed under spec:?c_: of the Federal Housing Administration ("FHA") and the Veterans Administration ("VA"). or either of them. such work and materials furnished shall also meet with ell :f applicable requirements of the FHA and VA and shall be subject to applicable inspection of the FHA and VA. No work is to be deemed completed until final inapect:cr approved by the city, County, state and if erected under FHA and VA, or either of them, by the applicable inspectors of the FHA and VA, as well as inspection and accepra:.c - hereinafter provided by Contractor and Owner. 7.2 All materials and workmanship furnished or performed by Subcontractor shall be further subject to final inspection. tests and acceptance by Contractor and 0— upon completion of all work and whether or not previously paid for by Contractor. At any and all proper times during manufacture or performance of the work, all . acetals workmanship furnished or performed .by Subcontractor shall be subject to inspection, tests and approval by inspectors of Contractor, or Owner, at any and ail places ;- such menutacture or performance shall be carried on. Failure of such inspectors to =nice inspections or tests or to discover defective workmanship or materala shat prejudice the rights of Contractor or Owner on final inspection and testa. All expenses of teats and inspections to prove or establish the acceptability of performance of wo. •: materials hereunder shall be borne by Subcontractor. 7.3 If upon any such inspections or tests as provided in subparagraph& 7.1 or 7.2 of this Article, any material or workmanship shall be found to be defective or not to car--'- - to the requirements therefor, it shall be rejected and the Subcontractor shall be notified thereof. Subcontractor, at its expense, shall promptly correct workmanship whit= not comply with such requirements by making the same comply therewith and snail promptly replace any material or equipment (except such as may have been hunishel_ Contractor) which does act conform to such requirements. If Subcontractor shall fail to replace or correct rejected material or workmanship immediately and without `a. - Contractor, at its option. may replace or correct the same and all costs and expenses of Contractor, including, but in no way limited to, compensation for Con=3c:.. toanageriai and administrative expenses, in connection therewith shall be borne by Subcontractor. 7.4 lieve for ty rials Subcontractoer shhall. when notified of any ent nor any such defects. promptly remedy samerovision in the Subcontract ats shall and payrfor inyhe Subcontractor of damage to the Project and otherworkel ultingetheref omorkasnsr p, Inc ARTICLE 3 Liens and Chasms 8.1 Contractor shall pay when due fill claims for labor or material incurred by it in the refortsarce of thia Agreement. If any lien, notice of intention. stop notice.:.a-. mechanics or tnatetialmen or attachment, garnishments or suits are filed in ccnnec_on wi•= he work or against he Project or any portion hereof, whether 3r not arty going are valid. Subcontractor shall, within ten (10) days after written demand •a it by Contractor. cause the effect of such lien, attachment or suit to be removed `.am the Project and all portions thereof, and in the event Subcontractor shall .ail to do so. Contractor and Owner are each hereby authorized to use whatever =eana they =s;: best to rause he lien. attachment or suit together with its effect upon the tide.:o be recoved. discharged, satisfied. comprised or dismissed and :he ;oat _hereat. = c:__ masoaable attorneys' fees incurred by Contractor and Owner, shall !mmedisteiy become due :roe S.ubcont:3CtOr and Owner, or Contractor. ac in apron, shad! ..ave _`e r�r.: deduct sues costs directly from the compensation due or cc become due to Subcontractor ::ens suc::osts exceed said compensation, in which lacier even.:toe excess s:.a_ debt eciately due from Subcontractor to Contractor. It is understood :hat Cantroctor's -gas . ere:n ;rciude a ighc to satisfy such lien by pey^e. scd usor. a �: Subcontractor shall have no right or remedy against Contractor. and such -gas and :e=eves :f Subcontractor. if any against Contrscar are hereby expressly ws..- Subconcactor my contest any such Gen. attachment. or suit provided is shad' :ease _e eifec::areal a be removed from :he Project and .ill portions :hereof. and sh.ss' :: - - huther things as may be necessary to cause any lender of rhe Owner not to wi s Laid =or -'es due :o Cant:acaL .. or -om Owner by :essoa of such !dens. saachznena r s .' 8.2 In addition o the foregoing, Subcontractor shall indemnify and save Contr3car. 0—.e.-. !ender3, :i,,!& _esu sr.ce comparies and any sure des .`tee and sr=iena claims. demands. causes of actions or suits of whatever secure ter Ing out 31 re Jen -,c!3 ar.c=stenais .0 -:shed by Subcontacar or ice contrac stat �.cer Agreement A? :1CLE ? Desigrs_en rf Super.-:zccen: 9.: Subcontractor shall designate a competent individuai thereinafter referred :o as •'Site^ terdent whits lesig::arion shall be sec forth on Exhibit "A , who, m '-e- of SubconL7ctor shall have complete charge of all work and such Superintnden. shall be at ::e job site dun_ g all times when Subcontractor's work is in progress. anc su Superintendent shall be authorized to represent Subcontractor dur.:tg all phases of Subconrrsc: ,'s work. In the event of any change of he Superintendent. Succcn mc: shall notify the Contractor who the new Superintendent is to be prior to such c:range beco_.g effecnve. AR -,CL= :0 Work Schedule and Subcoctr3cars zza=irat:on !0.'. Conenctor.epresents chat it. the Owner, and other contractors and subcontic=3 =sy be wo:L.g at :toe Projec: du^ng :he pef0r=ar.ce of :his Armee=enc Cone3c:c: reserves the tight t ^ o direct the Subcontractor to schedule the order of perforar.ce •:f Subcont 3car's work hereunder f.n such =anner as not unreasonable a inter^.'ere wit pefor=ance of :he work by Contractor. Owner, and other contractors and aubcontncton. 10.^_ Subcontractor has by careful &semination ascertained the nature and !ocsticn of the work. the conforcity of the ground on which the work is to be per.'or—_ed.: e character, quality and quantity of the materials, equipment and facilities necessary to compiete the work, :he general and local conditions pertaining to he work. and ail aria matters by which in any way can affect the performance of this Agreement by Subcontractor. Subcontractor aaaumes full responsibility for the accuracy of all Lines..eveis inc measurements and their relation to the benchmarks, property lines and reference linea. In all cases where dimensions are governed by conditions already established. -he responsibility for correct knowledge of the condicione shall rest entirely on Subcontractor. No variation from the specified Lines or grades or dimensions shall be made except on written authority of Contractor. All work shall be made to conform to actual. fi na! condit!ana as they develop in the course of the work Subcontractor :o the hat .: 'a -.- has entered into this Agreement solely on the basis of its prior examination of the location and not because of any representations or warranties pertaining to the work to is Coatrac or or Owner or any agent of the Contractor ter Owner end not contained s this Agr eemeot. It is further agreed that there shall be no extra charge, coat or expense :o Contractor or Owner for work done by Subcontractor because of surface or subsurface conditions, !scent or otherwise. whether or not indicated in the spec r subs and drawings and :hat Subcontractor shall be solely responsible at its costs and expenses for the correction of the work of Subcontractor caused by any such sur.'sce or subau :ace cooditions. ARTICLE 11 Titre of ?er"or=snce 11.1 Time is of the essence of the Agreement and all actions taken by the paries hereto shall be taken to the end that theperformance of this agreement shall be full:. expedited. Subcontractor shall commence the work covered by this Agreement immediately upon notification from Contractor. From commencement of work. unless noti'ec to the contrary, Subcontractor shall complete its work and obligations hereunder within the time period set forth in subparagraph 2.9 of Section 2 of this Agreement. Should Coneac:or's work schedule be changed. Subcontractor shall proceed in Strict accordance with Concrsc:or's directions. ARTICLE 1.2 Ez:acsicn of Ti=e 12.1 In case of any delay caused by Contractor, or Owner, or any delay which is beyond :he reasonable control of the Subcontractor, the cause of which was sot :essonebly aaceruirtabie by Subcontractor at the time this Agreement was entered into. writ -en notice of such delay and of anticipated results thereof shall be given promptly to Contractor by Subcontractor. Failure to give such written notice promptly shall be deemed sufficient -esson for denial of any extension of time by Contractor. Contractor shall notify Jubconeactor promptly if, in its opinion. the cause of delay specked is such as to entit'e or not to entide Subcontractor to an extension of time. After such opinion of ibl at it was ot reasona Agrcertainable by Subcontractor at the time this ee= nt w&stthe entereduinto. tof hen was acyond tion ofthe delayashall ble control of e determined,a Subcontractor itowasrt. oc reasonably n3 certainableybyaSubcontractor ., been time ed thisAgreementy. wee entered into. then the duration of delay shall be determined by Cont-sctor and the :=e of pefcr=ance of he worst he performance of which has been delayed thereby, shall be trended. in writing by Contractor. INITIAL: ARTICLE 13 Damages for Delay 13.1 Subcontractor shall not be entitled to and hereby expressly waives any and all rights :o matte claims or to be entitled to receive any compensation or damages Subcontractor may suffer by reason of Contractor. Owner or other contractors or subcontractors delaying Subcontractor in performance of the work, or any portion = ere &azo. any muse whatsoever. 13.2 Should Subcontractor default in the proper performance of its work. thereby causing delay to the Prime Contract work, it shall be liable for any and all loss and am=: including consequential damages, sustained by Contractor as a result thereof. Subcontractor shall not be liable under this Article if such default be caused by strikes, locac sera of Cad or other reasons beyond the control of Subcontractor providing Subcontractor gives prompt written notice as provided in Article 12 of this Agreement. ARTICLE 14 Subcontractor's Insurance 14.1 Subcontractor, at its own cost and expense, shall procure and maintain on all of its operations hereunder the following policies of insurance: 14.1.1 Unlimited worker's compensation and employer's liability insurance as required by !aw: 14.1.2 Combined single limit, public liability and property damage insurance with limits as hereinafter set forth: 14.1.3 Combined single limit Contractor's contingent liability and property damage insurance with limits as hereinafter set forth: and 14.1.4 Motor vehicle public liability and property damage insurance covering all vehicles used by Subcontractor in the performance of he work wit-1- hereinafter ithhereinafter set forth. 14.2 Limits for coverage described in subsections 14.1.2, 14.1.3, and 14.1.4 shall be in the sus of One Million Dollars (51.000.000.00) on account of bodily :aju-:es death on one (1) or more persons, and for property damage resulting from any one accident which say &rise from the operations of Subconcsc:or in tie.^.•arming _e <: covered by this Agreement 14.3 Each policy of insurance shall be in such form and shall be issued by such company or companies as may be satisfactory to Contrec:or and delivered :o Cootrsc::: : m commencement of any work. Each policy of insurance shall name Contractor and Owner is additional insureds and the worker's ec=pensacien and e=pioyer'i insurance described in subsection 14.1.1 shall also name Contractor's insurer as an additional -sureci. Subcontractor shall cause to be !- :nished to Concsc:ar mauraiace E•om rhe insurance companies which certificates shall include the foilowing c!suse: '-I*b.L—f (30) days advance notice shall be given in writing to Contractor it add ems Shown in Section i hereof. on cancei:a^on. termi:st!on or ai:ers::_n policies evidenced by this certificate. - Neither Cont-3ctor, Owner, or Contractor's insurer shall by reason of -heir inclusion under said policies incur liability for payment of any premiu=s. All pubiic property damage, coacrgent'debility and other casualty policies required in his A--'c!e 14 iha_ be wr.ren as primary policies not ccn_ butorr with, and not in arise. coverage which the Contractor and Owner may car -y. 14.4 Nothing contaiLned .n this Artic!e 14 shall in any way relieve, exonerate or otherwise -e:esse Subcomrsc:or from any of its responsibilities or obligscon :o Can -tractor and Owner pursuant A the provisions of Article 16 of this Agreement. ARTICLE :,i Surety Bonds 15.1 Before he commencement of the work. Subcontractor shall at its own cost and expense proct::e and deliver :a Contractor a Su. etv Faithful Pecor dance Soad a .d : Surety Labor and Nfaterials Bond which shall comply fully with requirements of the California C:v! Code. The Faithful Performance Bond shall be in an amount equai :o :n- hundred percent (1007.) of the Contract Price set forth in Exhibit "A" to this Agreement and :he Labor sad Materials Bond shall he in an amount of fifty percent (50`.3i of la:_ Cootrac: P^ce. Said bond shall be executed by a corporate surety acceptable to Contrsc:cr .and ihail be in a form satisfactory to Czaeac or. Vo change. alterat:: n modiiicadon :n or deviations from this Agreement of the drawing, plans and ipecir cations. whet: er =sde in :he manner provided E.•t the .agreement or not. shall reiesie exonerate in whole or in part any surety on any bond given in connection with this Agreement and teit::er Owner nor Contractor shall be un_er any obligation :o notify _`.e ac=t; or sureties of any such change, alteration, modification or deviation. ARTICLE io Hold Harmless • Indemnity 16.1 Subcontractor shall be responsible for any damage or injury to any person or property resulting !rom defects or obstructions or from any cause whatsoever arising out or in connection with :he performance of the work, except the sole negligence or willful misconduct of Contractor• its agents. servants or independent contractors whc are directly responsible to Contractor. Subcontractor shall indemnify, protect and lave harmless Contractor and Owner, their agents and e=ployees against any sod all claims, damages to persona or property, penalties, obligations or liabilities that say be sssered or claimed by any person. Cum. entity, corporation• political subdivision ;r other organization aria' ng out of or in connection with the work, operation or activities of Subcontractor, its agents, employees, cor,L-ac:on, subcontractors or 1vi:eee. provided for herein, whether or not there is concurrent pasaive or active negligence on the par of Contractor or Owner, their respective agents and employees (but exc!_d .s such actions, claims, damages to persona or property, penalties, obligations or liabilities arising from the sole negligence or willful ozisconduct of Contractor• its agen:3. servants or independent contractors, or Contractor, its agents, servants or independent contractors, as the case may be, who are directly respor'ible to Contractor or Owner), and .: connection therewith (i) Subcontractor shall defend any action or actions fded in connection with any of said claims, damages, vvenalbes, obligations or liabilities, and shall pay all coats and expenses of Subcontractor, Contractor, and Owner, including attorneys' fees incurred in connection therewith. and (ii) Subcontracar shall promptly pay any judr_ent rendered against Subcontractor, Contractor, and Owner• or any of them, their respective agents and employees, covering such claims• damages, penalties, obligations and'dabilittes arising out of or in connection with such work, operations or activities. So much of the money due :o Subcontractor under and by virtue of this Agreement. as shall be considered necessary by the Contractor, may be retained by Contractor until disposition has been made of such actions or claims for damages as aforesaid. 16.2 Proposition 65 Indemnification. Subcontractor shall indemnify, protect and save Contractpr and Owner, and their respective parents, subsidiaries. partners, aharecolde:s. agents and employees, against any and all actions• claims, damages, penalties, obligations and/or Uabilitiea that may be asserted or claimed against them by any person, entity or governmental body, private or public, arising out of or based upon any violation and/or alleged violation of :he California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), including particularly Section 25249.5 (discharge of a "toxic" chemical) and Sec�on ^_5249.6 (prior notice). Subcontractor acknowledges that it has recd and smdentanda the pprovisions of Proposition 65 and the regulations promulgated thereunder and agree a:o (uily comply with all of the terms and conditions thereofss maybe in.rorce at any me during he term hereof In the event any such claim is asserted or action filed against ConLractor and/or Owner, (i) Subcontractor shall defend them against any such nisi- or ac=on and shall pay all costs and expenses which they incur. including attorneys'fees. and (ii) Subcor.trsc:.or shall promptly pay, and fully inde=i!y Cont:sc:or and Ownerfrom in;: and all judgments, penalties• fines• damages and the like based upon any violation or alleged violation. by Subcontractor of Proposition 65. ARTICLE 1 Right of Offset • Cross Default 17.1 Subcontractor agrees that if Subcontractor should breach this Agreement or any other sr. eementwith Contractor, whether written ororal.that Contractor may, atits option. dec!are that such a breach will constitute a breach of all agreements and that. in addition :o all o&..er =ghta herein provided. Contractor =ay withhold any monies whit::^. might otherwise then be due or _hereafter become due under any agreements. including :his Agreement, and Cont: scar say apply such monies by wsycf offset toward remedying any sun^ defaults or breaches in all agreements, including this Agreement. This right to with:.oid shall continue in:i=e and as to such &mount as Contractor ii its sole discretion shall dete^;ne is reasonably necnsar.:o satisfactorily cavy out the terms and conditions of Ill igreernen:s :ec. een Subcontractor and Contractor inc!uding warranties thereof. INITIAL: ARTICLE 18 Responsibility for Work and Risk of Loss 18.1 Subcontractor shall be responsible for all materials delivered and work performed until completion and final acceptance of the work. Upon completion the work 3hai: : delivered complete and undamaged. Until completion and final acceptance of the work. Subconcrsctor shall have charge and care thereof and shall bear the risk 0f inju:7. damage to any part thereof by action of the elements or from any other cause. Subcontractor shall rebuild, repair, restore and make good all injuries or damages to any poraor. . the work occasioned by any of the above causes before its completion and acceptance, and shall bear the expense thereof, except for such injuries or damages as are ocessiord by am of the federal government and the public enemy. In case of suspension of work for any cause whatever. Subcontractor shall be responsible for all materials, and aha 1. : Subcontractors expense, properly store them if necessary and shall erect temporary structures where necessary. ARTICLE 19 Removal of Debris and Waste Material 19.1 During performance of the work under this Agreement and upon termination or completion thereof, Subcontractor Shall (i) keep and leave the site of the work :r. condition satisfactory to Contractor, and (ii) remove all debris and waste material. Subcontractor shall not dump or discharge any materials or chemicals on the ground in manner or for any reason whatsoever. As the work covered by this Agreement is completed. Subcontractor shall remove from the site thereof, to the satiafac:on of :n - Contractor. all of Subcontractor's rubbish. debris, materials. tools and equipment. and if Subcontractor fails to do so promptly, Contractor may remove the same to any piece :: storage. or dumping ground, at Subcontractor's risk (including liability under Proposition 65 as set forth in Paragraph I6.2 hereof) and expense and without inc,_,rnn; sr. responsibility to Subcontractor for lose, damage. or theft. All storage and removal coats thus incurred by Contractor shall be a debt due and owing from SubconL-3c:or :. Contractor. ARTICLE 20 Taking Over Performance - Termination of Contract 20.1 Should Subcontractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen or materials of the proper quality or quantity or !aii :.•t a:. respect to prosecute the work or any separate portion thereof with promptness and diligence, or fail in the performance of any of the agreements an its part contained :e.Ou: become insolvent. or make an assignment for the benefit of creditors, or voluntarily submit to any bankruptcy or creditor proceeding, Contractor may, after :weery-fcu: hours written notice to Subcontractor, provide any such labor or materials and deduct the coat hereof from any monies due or thereafter to become due Subconcrac::. -_ice this Atreement; and Contractor may also terminate Subcontractor's right to proceed with the work or such par: of the work as to which such defaults have occurred. in :rz even of such termination. Contractor may enter upon the premises and. for the purpose of completing :he woric. take possession of all t materials. supplies, equipment. -_,cis in. a p)iances belonging to or under the control of Subcontractor, including materials, supplies, equipment, tools and appliances located :hereon or elsewhere whit- --arse :e-- obtained or ordered in connection with the performance of this Agreement and all rights under contracts of Subcontractor. and may finish he work by whatever method :: deem expedient including the hiring of another subcontractor or subcontractors under such form of contract as Contractor may deem advisable. In such case, Subc:n_3c::r &hail mat be entitled to receive any further payment until the work is finished. If the anp;d balance of :he amount to be paid on :his Agreement shail exceed the exrense .: finishing he work. compensation for Contractor's additional managerial and adYini 3tr3tive serlices and such other costs and damages as Contractor may surer, succ crud:• rilitshall be paid to Subcontractor. If such expense, compensation for managerial and admiust..scve ser•nces. costs and damages exceed such unpaid baiar.ce. Subcone3ctrr in-- its s sureties, shall be liable for and shall pay he difference to Contractor. Failure of ConL:ic or -o exercise any of :he :grits given :c under this A^c!e shail nc: Subcontractor for noncompliance with the provisions of this Agreement nor prejudice arty =;ham of Camtrsc or or Owner d recover damages for such deiaui: nor be _:ee=e•: : waiver of any rights of Contractor or Owner. 20.2 Should conditions wise which, in the opinion of Contractor. make it advisable to cease work under :his Agreement, Contractor may :er...inace this .agreement '.y w-ndr notice to Subcontractor. Such termination shall be effective in the manner specTed -a said notice and shall he without prejudice to any claims which Contactor or Owren =a•. have Against Subcontractor. 20.2.1 On receiP c of such notice. Subcontractor shall. unless the notice dLrects otherwise. immediately discont?nue the work and placing of orders for Marais facilinea and supplies in connection with the peformance of :5is Agreement and shall. 7 regcestzd. -,fie every reasonable effort to procure cance!laron of all else-.; :rcrr= or cooeacs. upon terms satisfactory to CoaLnactor. and shall :hereafter do only such work as rosy be necessar::o preserve and protect work already in progress and :o protac: material, plant and equipment on the work or in transit thereto. 20.2.2 Upon such termination it is agreed: (i) That the obligations of this Agreement shall continue as to work already-efor_ed and as :o bons fide obligation incurred by Subcontractor prcr d :hd date of cancellation or termination. (ii) That he Subcontractor shall be entitled only to pro rata compensation far _he porion of :-e .•Agree=en: already performed and shall 3130 be compensated for=ateral ordered by it under :he firm concac:s which car -not be cancelled• ands such evemt :he =scensi sbail become he property of :.tie Conr3c:or. ARTICLE 21 Unemployment Insurance. Taxes. and Welfare Funds 21.1 Subcontractor shall accept full and exclusive liability for :he payment of.any and ill taxes and any and ill concributions .for unemployment insurance, old age :ecLremen: benefits and life pensions and annuities which may now or hereafter be imposed by --he (united Mates or any scale, whether messured by the wages, salaries or :enumeration paid to persons empployed by Subcontractor or otherwise, for the work required to be performed hereunder. Subcontractor shall comply wiLh all federal and state laws cn suc- sub, and all rules and regulations promulgated thereunder. and shall maintain mitabie forms. books and records and save Contractor and Owner harmless from true payment of any and all taxes and contribution, or penalties. Subcontractor shall likewise pav any and all toes. excise assessments or other charges levied by any ;overcenrai authority on or because of work to be done hereunder, or any equipment. supplies or materials used in the performance thereof. 21.2 Subcontractor shall maintain current payments to an appropriate health and welfare, pension. vacation and apprenticeship fund. or funds• as requited of it by its appropriate Collective Bargaining Agreements. In the event Subcontractor or its contractors (and Subcoctractor shall provide in contracts with its contractors) are delinquent in the payment or payments to appropriate health and welfare, pension, vacation and apprenticeship fund, of funds, regardless of the job in connection which the delinquency occurred. Contactor shall have the right (but shall not be obligated to do so) to first deduct the amount of such delinquency from payments to be made to Subcontractor pursuant to this Agreement. Contractor shall in such event pay the amount so deducted directly over to the appropriate fund, of funds, and Subcontractor hereby expressly designates and authorizes Contractor to act as its &gent for this purpose. All of the provisions of this subparagraph 21.1_ of this Article shall apply to Subcontractor. its contractors, or any of them performing work on the Project under any change of Came or 38e06ation or joint venture (including any person who may have been a prycipal financially associated with Subcontractor, its contractors, or any of them, who was delinquent in fringe benefit payments to any of the aforesaid funds). ARTICLE 2 Occupational. Safety and Health Warranty 22.1 All materials and equipment used by Subcontractor, all work methods and procedures of Subcontractor. and the ares in which Subcontractor is performing work shall conform to and shall at all rimes be maintained so as to conform to the standards and regulations promulgated by the United States Department of Labor under :he Occupational Safety and Health Act of 1970 (29 U.J.C. Section 651. at seq) (-OSHA - and all stale statutes which pecain :o occupational safety. In the event said mate^ala. equip=enL procedures, work area or any other services performed by Subcontractor does not conform to t' :he OSHA or state standards. Subcon3c:Or shall corec::he defective material, equipment. or condition. In a failure thereof. Contractor shall be entitled to correct the defective material, equipment or condition is Subcon=c:or's experae. Contractor shall have the right to deduct the amount of any fine against Contractor under OSHA or comparable state statutes caused by the act or omi3sion of Subcoatractor from the compensation herein and if in excess thereof such excess shall be a debt immediately due and payable by Subcontractor to Contrsctor. ARTICLE 23 Warranty of Title 23.1 No materials, supplies or equipment for use under this agreement shall be purchased subject :o a chac:el mor -gage or under a conditional sales concoct or other agreement by which an interest therein or any par. thereof is retained by the seller or supplier. Subcon=sctor wa.:snta clear, good and marketable title to all materW3. suPPLiea and equipment installed and incorporated in the work. INITIAL: 16�� AR17CLE 24 Guarantee 24.1 In addition to (and not in lieu of) the guarantees required and remedies of Contractor and Owner contained elsewhere in this Agreement or in the Subcoc^ Documents, Subcontractor guarantees Contractor and Owner against any loss or damage arising from any defect in material and workmanship furnished wader this Agrees e Upon notification of defects from Contractor or Owner. Subcontractor almll proceed within twenty-four (24) hours with due diligence at its own expense to replace any sec: wad upon failure of Subcontractor to do so, Contractor or Owner may furnish or secure. at Subcontractor's expense, such materials or Labor as an necessary to bring the work .. to the re d standard, all costs thus incurred thereupon becoming a debt immediately due and payable by Subcontractor. It is further agreed that Lusk acceptance of : wont by Connector or Owner, or any portions thereof, shall in no way relieve the Subcontractor from liability under this Article. ARTICLE 25 Patents and Royalties 25.1 Subcontractor shall defend all suits relating to and shall hold Contractor and Owner hat=less from any and all claims. royalties, damages and costa result=; tcc _. infringement or alleged infringement of any patents or for the misuse of any patented article by Subcontractor or its subcontractors, in the performance of t!:e word. ARTICLE ^_6 Contractual Relationship 26.1 In performance of this Agreement. Subcontractor shall operate as an independent contractor and not as an agent or representative of Concac_,r or 0=7e - Subcontractor shall hold Contractor and Owner free and harmless from all liability, costs, attoroeys' fees. and charges arising out of or in connect -los with any ac: representation of Subcontractor, its agents or employees. ARTICLE 27 Laws wad Regulations 27.1 Subcontractor, its employees and representatives shall at all times comply with all sppacable Tawe, ordinances, statutes, rules and regulations..'edersi, state. _ uz: and municipal. including those relating to wages, hours and working conditions. Subcontractor shad procure and pay for all permits and inspec=ors regt_ed governmental authority for any part of the work and shall Punish any bonds, security or deposits required :o permit performance of the work. ARTICLE .23 Use of Cant-ac:ar•s E;uioment 28.1 The use of any of the Contractor's equipment rigging, blocking, hoist or scaffolding by Subcontzsctor, given, loaned, or rented to Subcontractor by Con: actor. scaL -- upon the distinct understanding that Subcontractor uses the equipment, rigging• blocking, hoist or scaffoiding st its own risk and takes the same "AS IS" =d Subcorr3c:.:: assumes all responsibility for and agrees to protect, defend, indemnify and hold Coneac:or and Owner bar—mese from any claims or damageswbatacever.-esr:i_; °roc rhe •:_- thereof, whether such claims or damages result to Subcontractor or its employees or proper;+ or to ot::er persons or the employees or properties of ot`_er ;macs. `°-e:: otherwise provided for in writing, no rigging, blocking, hoist or other equipment shall be pro-:ded for. !owned or rented to Subcontractor or Contractor. ARTICLE -9 Not;'ces 29.1 Any notices or statement required or desired m be given under this Agreeeect shall be ;enonaily ser+ed or sent by United States Stall, to dSe sddr ess. _! cocce different address be given. as set forth on the first page of this Agreement Notices not persorsily served shall be deemed given upon deposit in the United =tars Maii proper:: addressed with postage prepaid. ARTICLE 30 Arbicatio n 30.1 Any controversy between the parties hereto involving the construction or Spolication of any of :he :erns, covenants. or conditions of this As.eecen_ aha_ be on .e written request of one party served on the other be submit -ed to arbitration, and such 3rbit. Scion shall cocply •.vich and be governed by the provisions of tae Ca ar._3.L-bicsccr. Act, Sections 1290 through 1294.2 of the California Code of Civil Procedure. ARTICLE 31 Non-Assignaeat 31.1 Subcontractor shall neither assign nor subcontract the whole or any portion of this Agreement, without first obtaining in each and every instance perrission in writing from Contractor, and then only subject to, and upon the same terms, conditions and provisions of this Agreement and such other terms and conditions as may be required by Contractor. Any permission granted by Contractor shall not be deemed permission to any subsequent assignment Any assignment by Subcontractor made without the consent of the Contractor as herein provided shall be aull and void and shall, at the option of Contncrar, be grounds for termination of this Agreement and Contractor shall have the right to elect and proceed in accordance with the provisions of Article 20 of thio Aeement m Any such permitted aseigaeat or subcontracts shell contain all the provisioaa cf this Agreement and shall require new Subcontractor thereunder to be directly liable to Contractor and Owner in all respects as herein required of Subcontractor under thij Agreement Any assignment of this Agreement shall be Submitted to Contractor for its prior writers approval and shall not be binding upon Contractor unci! so approved. No assignment shall relieve Subcontractor from its duties, obligations and is hereunder unless specifically relieved is writing by Contractor. This prohibition Sgaina: assignment Shall not apply to monies becoming due to Subcontractor under the terga and cocditiona of this Agreement provided, however, that any eeaig^y ant of monies becoming due shall be subject to the tight of of%ec art hereimbove provided in Auricle 17 of Agreement and all of the other Lerma and conditions of this A�eeaeot Any assigameat by operation of law, for the benefit of creditors, or under any provision of the federal banicvptcy statutes or any applicable state statutes shall apecacslly be S breech of this Agreement wad the assignee, receiver or trustee shall Cate Subject to all the terms and conditions of this Agreement and such assignees, receiver or -raise =):ill have no right, title or interest in thio Agreemeat or any of Sub contractor's rights thereunder. ARTICLE 32 Temporary Elec•= c Power and Water 32.1 Contractor will provide temporary outlets for electrical power and water at such locations as it may select for the use of all subcontractors and will pay for •fie coat of elect-,cpower and water which Subcontractor requires for the performance of its work. Any extension of these outlets which Subcontractor may require shall be installed and removed by Subcontractor at its own expense, but only with Contractors prior approval. ARTICLE 33 Drawings and Specicadons 33.1 Contractor will furnish to Subcontractor a set of the plane, drawings and specifications. together with amendments, and changes thereto. Any addidonsl sets requested by Subcontractor will be furnished at Subcontractor's expense. All plans• drawings and aped: arena f-=76shed, whether paid for or not, are the properry o(Coccactor and are to be renamed to Contractor at the completion of Subcontrector's work. INITIAL: ARTICLE 34 Attorney's Fees and Costs 34.1 Should any litigation arbitration be commenced between the parties hereto concerning the work, any provision of this Agreement, or the rights and obligations or either in relation thereto, the party, Contractor, Owner or Subcontractor, prevailing in such litigation or arbitration shall be entitled, in addition to relief as may be granted, to a reasonable sum as and for its attorney's fees and such litigation or such arbitration. In addition thereto, should any action be brought against Subcontractor by third parties in which Contractor and Owner, or either of them, are jointed as a party, whether the same proceeds to judgment or not, Subcontractor shall pay Contractor and Owner for the reasonable attorneys' fees and costs incurred by Contractor and Owner in such action. This provision shall also apply to any suit on any bond furnished hereunder. ARTICLE 35 Subcontract Includes Entire Agreement 35.1 This Agreement, including the Exhibits attached hereto, embodies the entire Agreement between Contractor and Subcontractor. Subcontractor represents that in entering into this Agreement, it does not rely on any previous representation, inducement, or understandings of any kind or nature whether expressed or implied, oral or written, including bid documents or other writings not set forth as Subcontract Documents under Section 2 hereto. ARTICLE 36 Captions and Terms 36.1 The captions of Sections and Articles of this Agreement are for convenience only, are not a part of this Agreement and do not in any way limit or amplify the terms and provision of this Agreement. The masculine pronoun used in the Agreement shall include the feminine or the neuter as the case may be, and the use of the singular shall include the plural. ARTICLE 37 Place of Contract 37.1 Execution of this Agreement shall be at Contractor's principle place of business at the Inland Division Office, Corona, California and shall be deemed the proper county and state for all legal purposes. ARTICLE 38 Severability 38.1 If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement and all such other provisions shall remain in full fora and effect; and it is the intention of the parties hereto that if any provision of this Agreement is capable of two construction, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid ARTICLE 39 Successors and Assigns 39.1 This Agreement and addendum shall be binding upon and inure to the benefit ot; as the case may be, the heirs, executor, administrators, successors, and assigns of the parties hereto. EXHIBIT "A" TO SUBCONTRACT Sub- Account Code: 0101 Trade: Curh/Gutter/Sidewalk Project Name: Reunion Tract #: 23995 Phase 1& 17, Lot Numbers: 23995-1M (Lots 3235), OPEN LOTS (Lots 36-40 23995-1 (Lots 1-31),23995-2 (lots 134) A WORK TO BE PERFORMED AS FOLLOWS: (Section 2, subparagraph 2.4) SEE EXHIBIT "A" & "B", Attached hereto and made a permanent and intergral part of this contract agreement dated September 13, 1994. B. CONTRACT PRICE AND PAYMENT SCHEDULE: (Section 2, subparagraph 2.5) SEE EXHEBIT "C", Attached hereto and made a permanent and integral part of this subcontract agreement. C. SUPERINTENDENT (Article 9) Name: Phone #: INCO HOMES CORPORATION By: Joseph anozso, r of Purchasing " r" Dated: Contract Prepared by: jjp SteveDloffatt (909) 482-9040 (pager) AR Austin Engineering By Rii.ssell Borg, General Manager "Su tractor" SUBCONTRACTORS PROCEDURES Detailed below is some of the more important information and procedures that all subcontractors involved with La Quinta should be aware of and should follow (this includes Reunion). 1. This contract is not an authorization to proceed with work. You will receive a product mix release for construction You must contact the superintendent to obtain work schedule and an authorization to proceed with construction on any and all building trades. The Superintendent is Steve Moffatt His number at the jobsite in La Quinta is (909) 482-9040 (pager), and at the Inland Division is 909/736-0700. The Superintendent will be scheduling "pre -job" conferences to coordinate the work and to open lines of communication If you are requested to attend these meetings, please attend either yourself and/or with your field foreman. 2. Before starting work, please meet with the Superintendent to ensure that you are working with the latest revised set of plans; he will initial your work set which is your only assurance that you have the latest and correct set If you fail to obtain the su_perintendent's initials, you and not the developer will be responsible for any loss arising from using the wrong set of plans; your contract and contract price pertain only to the final plans marked for construction use. 3. It is important that you make known to all of our respective people the names of those persons in your employ who will be responsible for working on our job. Therefore, you must identify to the superintendent the name(s) of your field foreman 4. We build homes of high quality - in a timely and professional manner, and request your full cooperation in this regard. We therefore urge that you perform your work to the highest standard of quality and in a timely manner - and that you clean up after you have finished. Your contract clearly points up your responsibilities in this area - everyone benefits if the job is done properly and timely. Also, the contract points out you will be held responsible for damage you create to the work of other trades - and this will be enforced. 5. Your contract requires you to carry certain insurance with Inco Homes Corporation named as co- insured. The amounts of coverage required are: Liability Coverage and Property Damage: $1,000,000/$1,000,000 Automobile Liability: $1,4 ;060- C -e -c- 4Z:& Workers Compensation: Standard Insurance certificates must be in our hands before you commence work 6. We pay based on the terms of your contract The contract also spells out various other requirements relative to your billings (i.e., submission of labor and material releases, etc.). All billings must be approved by the Field Superintendent or the Customer Service Manager to verify the quality and quantity of the work done, and by the Purchasing Agent to verify the pricing, retention, documentation, etc. It is your responsibility to submit accurate and complete billings, INCO HOMES /CQRPORATION INITIAL: �+ v DATED: SIC A.R. Austin Engineering RQI TIAL: DATED: Subcontractor Procedures Cont' with all required documentation; if you have any questions, please can the Purchasing Agent beforehand. Regarding releases, if any third party has filed a Preliminary Notice, then their releases must be notarized in order to be accepted by us. Retentions will be paid as per your contract and will be released in accordance therewith and with the provision of the Mechanics's Lien Laws. 7. Occasionally — after the house is completed and sold to a buyer - warranty/repair work is needed. Our customer service personnel will determine the cause of the problem. If the problem requires you to return to the job for corrective action, we expect that you will do so promptly. 8. The Corporate Office is located at 1282 W. Arrow Highway, Upland, California. The phone # is 90"81-8989. For matters primarily relating to invoicing and related matters, please contact the Accounts Payable Department at the Corporate Office. Our Inland Division is located at 250 E. Rincon Ave., Corona, Ca 91719. Our phone 909/736-0700. The people with whom you will be dealing with are: Gary Sorley, Director of Purchasing — for matters of general policy, etc.; and Anthony Monaco, Vice President of Production — for matters pertaining to production. 9. This Subcontract Agreement is all-inclusive. There are to be NO EXTRAS. Authorization for additional work not covered by this Subcontract Agreement must be through the Inland Division Office. Field Personnel are not granted any rights to authorize payment for work not covered by this Agreement. The signature of any Field Personnel on any document does not constitute commitment for payment 10. This contract is separate and distinct from any other contract entered on this property. Inco Homes Corporation will not and cannot be held responsible for payment on liens claimed under any other contract for this Tract and property. This procedure sheet is not meant to supersede the contract but rather is for amplification of certain points therein and also to outline certain procedural matters. This was designed to increase efficiency and communication on the job -for the benefit of all. Thanks for your help. INCO HOMES CORPORATION A.R. Austi7En' ering INITIAL:CW INITIAL:, DATED: 1LL r7-- DATED: EJMIT "A" PERFORMANCE REQUIREMENTS & SPECIFICATIONS TRADE. CURB/GUTTER/SIDEWALK PROJECT: REUNION -LA QUINTA Exhibit A herein is intended to supplement the Subcontract Agreement. If there is any conflict in language or intent the Subcontract Agreement, and its Terms and Conditions shall prevail. The Subcontractor under this Agreement has represented himself as an expert and as such has included in Exhibit C, Schedule of Prices, all of the following unless noted otherwise, labor, material, installation, storage, transportation, supervision and all applicable taxes, permits and inspection/reinspection fees. In essence, this contract provides for a complete job. All items shown on Construction Drawings, described in the Description of Materials, listed herein or not specifically shown, but reasonably inferable for completion of the project indicated, shall be included as part of this contract. The scope of work to be performed by SUBCONTRACTOR shall be in accordance with and shall include, without being limited to, the following: 1. SUBCONTRACTOR shall provide all labor, material, and equipment necessary to complete the job and all the work reasonably inferable from the construction documents. 2 SUBCONTRACTOR shall complete all work per the plans, specifications and requirement for the City of La Quinta, California. 3. SUBCONTRACTOR shall take every precaution and provide suitable means to protect finished work from damage. 4. SUBCONTRACTOR shall cooperate and coordinate with the CONTRACTOR'S scheduling of other trades. 5. SUBCONTRACTOR shall, at his own expense, correct any work which is not acceptable to the CONTRACTOR and the CONTRACTOR'S Vice President of Construction. 6. SUBCONTRACTOR, his employees, and his SUBCONTRACTORS shall at all times comply with the requirements of O.S.H.A. 7. SUBCONTRACTOR shall be responsible for repairing any damage caused to the site or the work of other trades. If repairs are not made within a reasonable length of time, the CONTRACTOR will have the damage repaired and back charge this SUBCONTRACTOR. 8. SUBCONTRACTOR shall, upon receipt of signed contract, order and have in stock all necessary materials so as to prevent any loss of time on CONTRACTOR'S production schedule. 9. SUBCONTRACTOR shall be responsible for the damage sustained by CONTRACTOR, including the repair/replacement of SUBCONTRACTOR'S work as necessary, at no extra charge to CONTRACTOR, if said work is placed over faulty workmanship of others in relation to the installation of his work. 10. SUBCONTRACTOR acknowledges that he has visited the site and reviewed all construction documents and is familiar with and has provided for the conditions that exist thereon and that he -has checked with appropriate governing agencies and has made provisions for any and all requirements of those agencies. 11. All telegrams necessitated by SUBCONTRACTOR'S default shall be back -charged against SUBCONTRACTOR'S contract. 12. With respect to EXTRAS, the following is clearly understood: INCO HOW CORPORATION A.R. AUSTINENG ERING INITIAL: INITIAL: DATED: V �� �/ �� DATED:—� - EJEI[BIT "A" A. All extra work MUST BE AUTHORIZED IN WRITING solely by the Purchasing Department PRIOR to commencement of work Extras not authorized per the above stated procedures WILL NOT BE PAID. Field Superintendents cannot authorize any extras or changes to the contract. Any requests for extras MUST BE directed SOLELY TO THE PURCHASING DEPARTMENT OF OPERATIONS. B. SUBCONTRACTOR acknowledges that the only instrument that will be valid to authorize extra work is a change order on the CONTRACTOR'S forms only, signed by the Purchasing Agent of Inco Homes Inland Division. Change orders shall become a part of this Subcontract Agreement. Any signatures on any forms other than as indicated above, regardless of their verbiage, will not be valid. The Job Superintendent is not authorized to sign for any extras under this agreement by signing a Subcontractor's Work Order or any other job site work order or ticket. All extra work performed by the SUBCONTRACTOR shall be borne by the SUBCONTRACTOR without recourse to CONTRACTOR, unless properly authorized as stated above. 13. Any expense incurred through error, incompetence, or negligence on the part of the SUBCONTRACTOR will be borne by the SUBCONTRACTOR. 14. The parties agree that commencement of all or any portion of the work pursuant to this contract shall be in the sole discretion of the CONTRACTOR. The work authorized by this contract may be implemented in phases in the sole discretion of the CONTRACTOR. All or any portion of the work authorized by this contract may be canceled due to market conditions or other factors in the sole discretion of the CONTRACTOR and SUBCONTRACTOR shall be paid for the portion of the work completed and other actual costs necessarily incurred to the time of such cancellation. 15. SUBCONTRACTOR shall be solely responsible for personally verifying with the CONTRACTOR'S Job Superintendent that SUBCONTRACTOR has all the latest sets of plans and specifications prepared and approved for construction. 16. SUBCONTRACTOR shall furnish CONTRACTOR'S Job Superintendent with the name and telephone number of a person to contact for emergency work 17. SUBCONTRACTOR shall at all times provide responsible on-site supervision of this operation. 18. SUBCONTRACTOR shall provide drinking water for its employees. 19. SUBCONTRACTOR shall endeavor at all times to keep his work neat. 20. It is understood and agreed hereon that alcoholic beverages, children and pets are not permitted on the construction site at any time. It is the responsibility of SUBCONTRACTOR to enforce this policy with his workers. Failure to comply will constitute grounds for revocation of this contract agreement. 21. SUBCONTRACTOR shall neatly pile in garage from job site all trash and debris which has accumulated or accumulates as a result of the SUBCONTRACTOR'S performance under the terms and conditions stated herein for removal by others. 22. SUBCONTRACTOR will begin work in the area designated by CONTRACTOR and cooperate with the CONTRACTOR in regard to, CONTRACTOR'S scheduling of construction and subsequent trades. 23. The SUBCONTRACTOR acknowledges examining and receiving the approved plans and specifications for this work and guarantees the system to function for the purpose for which it was designed. INCO HOMES CO M RATION A.R. AUSTIN ENG ERING INITIAL: QW INITIAL: DATED: DATED: 7� _ 2 Z — P,V EXEO[BIT "A" 24. All material will be free from defects occurring in manufacturing and/or delivery process. SUBCONTRACTOR shall replace merchandise if so damaged. 25. SUBCONTRACTOR shall follow progress of job and maintain sufficient stock to keep up with tract progress. 26. SUBCONTRACTOR agrees to correct any and all pick up work that is not completed during construction or that is found unsatisfactory due to SUBCONTRACTOR'S workmanship or faulty materials. In the event SUBCONTRACTOR has failed to correct said defect within 48 hours of initial contact, CONTRACTOR shall employ another SUBCONTRACTOR to correct said work and back -charge against your contract per the Terms and Conditions of the SUBCONTRACT AGREEMENT. If SUBCONTRACTOR has been paid in full, he shall remit upon receipt of written demand and supporting back -charge documents, the amount paid by CONTRACTOR to such other SUBCONTRACTOR. 27. SUBCONTRACTOR is responsible for unloading of all their material. 28. Price of contracts or change order items shall include manufacture and installation, applicable taxes and cartage, and permit fees. 29. If SUBCONTRACTOR causes damage to material furnished by other trades, SUBCONTRACTOR will be held responsible for the cost of repair. If SUBCONTRACTOR fails to repair immediately and causes CONTRACTOR delay in scheduling and/or causes CONTRACTOR to repair, costs incurred by CONTRACTOR will be back -charged to SUBCONTRACTOR, per the Terms and Conditions of the SUBCONTRACT AGREEMENT. 30. Notwithstanding the exercise by CONTRACTOR of any remedies provided in the SUBCONTRACT AGREEMENT, including but not limited to termination of SUBCONTRACTOR'S right to proceed with the work, SUBCONTRACTOR shall not be discharged from' any guarantee or responsibilities for work performed or materials supplied and shall remain liable therefore. 31. SUBCONTRACTOR agrees to a six day a week work schedule, at no extra charge, during the construction of the models. 32. This is a UNIT PRICE contract. All quantities must be verified by Superintendent prior to billing. 33. Work to comply with all local, county, and state requirements as it relates to the trade expressed in this agreement. 34. SUBCONTRACTOR is familiar with the jobsite and all conditions that exist in the field that will affect his work. 35. Class 11 base for use under cross gutters and spandrels to be placed by others. 36 SUBCONTRACTOR is to place and finish concrete on CONTRACTORS' compacted soil at +/- 0.1'. 37. This contract will include 1(one) move -in for Miles Avenue and Model complex, and 1(one) move -in for the balance of Phase I & Il. INCO HOMES CQRMRATION A.R. AUSTIN EN 13 LEERING INITIAL:w INITIAL: I DATED:L'-Z DATED: �� TERMS OF PAYMENT Contractor will make progress payment for each operation only upon completion of all labor, installation of all material, acceptance by Contractor's job site superintendent and approval by the City Inspector when applicable. 2. Subcontractor shall bill according to the Payment Schedule as outline in Exhibit "C". 3. Subcontractor shall submit its progress payment requests to Contractor for work actually completed by Subcontractor. Labor, material and equipment lien waivers and releases in a form approved by Contractor shall accompany each progress payment request unless joint checks are to be used. Subcontractor's final release form, supplied by Contractors, shall be completed and returned with the retention billing before the retention payment will be released. Incorrect or incomplete invoices will be returned to the Subcontractor unpaid. 4. No payments will be released until all Insurance and licenses requirements have been met by the Subcontractor. 5. All invoices must be submitted to the Corporate Office in Upland: The Address is 1282 W. Arrow Hwy, Upland, Ca 91786 . Accounting Department phone number is (909)981-8989. 6. Subcontractor acknowledges that the only instruments that will be valid to authorized extra work are Change Order or Purchase Order on the Contractor's form only; signed by the Purchasing Department of Inco Homes Inland Division. The job superintendent is not authorized to sign for any extras under the Agreement by signing a subcontractor work order or any other job site work order or ticket. All extra work performed by the Subcontractor shall be borne by the Subcontractor without recourse to Contractor unless properly authorized as stated above. The price paid to the Subcontractor by the Contractor for properly authorized extra work shall be negotiated. 7. Subcontractor shall, if a union Subcontractor, provide to Contractor upon request a copy of all monthly reports and check copies to the applicable union funds as proof that the Subcontractor is current in all his union obligations. 8. Subcontractor shall provide Contractor with the name, address and Certificate of Insurance of any Secondary subcontractor who will be performing any work with or for Subcontractor within the terms of the Subcontract Agreement. This information shall be provided within 48 hours to the commencement of work to be performed by the Secondary Subcontractor. 9. Subcontractor shall respond to a twenty four (24) hour notice for that portion of his work not finished per the Subcontract Agreement. If the work is not completed or corrected within twenty four (24) hours of the date of the 24 hour notice, then the Contractor has the right to hire others to perform the work and backcharge the Subcontractor, and the Subcontractor agrees to pay any and all costs of that correction. 10. Subcontractor shall submit all invoices for extra work on separate forms indicating the Subcontract Agreement number, Project Name and Lot Numbers. The Invoice must also be accompanied by the appropriate Change Order, Labor and Material releases before payment will be Made INCO HOMES CORPORATION INITIAL DATED A.R. Austin Engineering INITIAL �� Z DATED SIT "C" CONTRACT PRICE AND PAYMENT SCHEDULE CODE: 0101 TRADE: Curb/Gutter/Sidewalk PROJECT NAME: Reunion TRACT //: 23995 Phase I & H, LOTS: 23995-1M (Lots 32-35), OPEN LOTS (Lots 3640), .23995-1 (Lots 1-31), 23995-2 (lots 1-34) This is a UNIT PRICE contract with the following quantities to be verifired by the Superintendent, and paid for by the CONTRACTOR at the prices per proposal dated 6/22/94. 4572 LF 8" x 24" Curb & Gutter @ $4.85/LF 4740 LF 6" x 24" Curb & Gutter ® $4.85/LF 2700 LF Median curb only, B= 16" ® $4.00/LF 15520 SF Meandering sidewalk @ $1.10/SF 37419 SF 5.5' wide sidewalk ® $1.08/SF 7770 SF Driveway approach ® $1.40/SF 10925 SF Cross gutter/spandrel ® $2.75/SF 740 LF Curb return ® spandrel @ $4.85/SF 22 EA. Handicap ramp scoring ® $50.00/EA *All totals shown are combined totals for Phases I & H Additional work from major plan changes will be negotiated but will not in any event exceed $20.00 per hour ( maximum) for extra work. Prices shall be firm through the duration of Tract 23995 Phases I & H. OPTIONS All invoices must be submitted in proper form as specified in Exhibit "B". INCO HOMES CORPORATION INI'T'IAL DATED: A.R. Austin Engineering INITIAL i> DATED: j -- Z 127' ADDENDUM The undersigned do hereby agree to incorporate all the terms of the contract dated September 13, 1994, between INCO HOMES CORPORATION and A.R. Austin Engineering, this addendum shall apply to said contract and shall supplement the same with the addition by agreed and accepted Change Order, the following: 1. Scope of work 2 Compensation 3. Delivery 4. Special Instructions Sincerely INCO HOMES CORPORATION Joseph PiZzo Director of Purchasing AGREED AND ACCEPTED BY A.R. Austin Engineering BY: DATE: s Cz NOTE: With proper validation this form constitutes an eneroacnment permit CITY OF LA QUINTA APPLICATION FOR PERMIT PUBLIC WORKS CONSTRUCTION (ENCROACHMENT) ror the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water Rains and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS DATE: ©cl' LOCATION OF CONSTRUCTION I f?''_Z39`?5 Subdivision Improvement permit _ Class ill Minor Improvement Permit Class IV MiLE� -r p-7_ 4 (Street addnu or Oesenptron of Loationl PURPOSE OF CONSTRUCTION Lr�T � . 16M. �JV2-C7U1'rsvt,r 1.J—�"5 Skatctt (attach construction plans if appropriaq) ON OF CONST DIMENSION OF INSTALLATION OR R AL SIZE OF EXCAVATION, IF NEEDED APPROXIMATE TIME WHEN WORK WILL BEGIN APPROXIMATE TIME OF COMPLETION- 3 Cz ESTIMATED CONSTRUCTION COST S L71 (Including removal of all obstruction, materials, and ebris, backfilling, com- paction and placing permanent resurfacing and/or replacing improvements) In consideration of the granting of this permit, the applicant hereby agrees to: Indemnity. defend and save the City, its authorized agents, officers. representatives and employees, harmless from and against env and all Penalties. liabilities or los resorting from clarrms or court action and arising out of any acadent. los or to hamenrng or occurring as a proximate result of any work undertaken under the damage persons O► propeRy Notify the Administrative Authority at least toren f Permit granted Dursuent to this aoolicetion. ty our (241 hours in advance of the time when work will be started. Comply vtnth all applicable City Ordinances, the terms and conditions of the oertmrt and all appliame rules and regulations of cite City of La Quints and to pay for any additional replecerttem neeesery as the result of this work. �eo Name of Applicant (please print) Z_T . F.- . �t v� IF iW 9;^4 Name of Contractor and Job Foreman / 36RA 7 Contractors License No. Ir ZSo 1' FC /N, S_ Signature of Applicant or Agent r.V M. LU Business Address S' Business Address cv tiq (9-9) 736-0 Telephone No. Telephone No. City Business License No. Applicant's Insurance Company Policy Number FEES: Subalvlslon Improvement Permit — Class III Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs Minor Improvement Permit — Class IV: See attached schedule Inspection Fee $ Pert tit Fee I b I nstY � I Oeposit•Surety Bond euired TOTAL. x.ipt No. PERMIT VALIDATION PERMIT NO. DATE APPROVED EXPIRATION DATE DATE ISSUED T J deceived by Date By :3e corded by Administrative Authority TELEPHONE: (619) 564-2246 ""A 09 C, i a ' 'VS b -� � $'S 4 rm 's )q bL Z i moo/ - 0.5, oviW lalZILI 00 04' �'? Q 00 P�'Q -he tollowino lienersl aro Speelal Provisions aro onacrlea to an0 Ted a can at Perm" NO. J��5 Z GENERAL PROVISIONS The following snail always amply: "ENCROACHMENT ON PRIVATE PROPERTY- 'his permit autnorizes wart to be acccmctlsnea wilm,n City of La Quinta rignt of wav ONLY. Whenever construction extends witnin private orooeriv. it snail be the resoonsioutty 01 the Darrttmee IOf his op^LractOD31 t0 secure permission tram abutting prooeriv owners. Sucn autnor,zat,on must be seeurea w the Dermittee odor to starting wort TRACKLAYING CONSTRUCTION EQUIPMENT: Cleatea trealawnq construetton eoulomerrt shall not oe oatmntedtd mownsunecering a rmedwitns ecedtreatpeas. All meenanlee,00tnggerssnailbefnteawot rubber etre :tie bavth0 aurin hamtopnerly g excavations. Rubberubber-tired eoulament only Small be used in oatacfill operations in Davao areas. snoe: a:caring mavement is scarred. apalled or broxen during the term of anis contiaet, or if theoavement 13 maned City at La Quints snail redWat that these Dorttons t road be resurfaced over their emirs with. Resurfacing snail ci)ns111 at one coat of two Ihentl 12") Of A.C. surfacing plus anoroonats goal coat as Specified above. PROTECTION OF TRAFFIC: All excavations and work areas snail be.oroDont lighted and barricaded n ase EngirlserorlaQuintaCityPublicWortsInsommrs.Suitabledetoursarptlatowsgnsshallbeptosedonomai^naeeatary the Gov of the proles The Cit, shall be notified 24 Hrs, in advance tit arty If detours or dolineltUM& Md or ttiedurauan CARE OF DRAINAGE STRUCTURES: Any drainage structure including corrugated metal pipe. concrete pope, steel culvert and concrete structures encountered during excavation wntcn necessitate removal snag be replaced in tinct. In tris Steel c Dart and necessary to remove a cut eastirq drainage struaums. City of La Quints snag be notified prior to common Drainage structures and open drains shall be kept free at door's at all times far proper aminags, tasment of thio wort. RIGHT OF WAY CLEANUP: Any surplus material resulting from excavation and backtill operations shag be remo way. All paved surfaces stall be broOmen peen Of earth and other objectionable materials immsdiatelvaharbackvtildl from the ondcam Diction} Existing gutter fine and drainage ditches snail be repacad to their original standard or Donor. All excess material snag be removed prior to caving. Water ranter snail be used. as r Tmenon. immoOfateh after bacidill. QQuoetl• t0 sprinkle the app site to keep down dust cOndittons and shag be used OE -WATER OPERATIONS: If do-wetenng operations ore reautraa and pumps aro toremi; water on City of La Quints roads, it shall be Ina responsioulry of trio 0elmlttas (contractors o control this water and to provide off. Osrncadet vvnen naclea♦ry, CLOSING STREETS: No street shall be closed. A minimum of one tone of traffic mall be maintained at all times to migrv. ,imned access far tris edloim^9 property owners arta emergengrwniefao. Inthe ewrrt It lsfeh bvthe perimn ea that tie muattl r o • street ed any length Of time. perminee mall contact this cities l0 Obtam the necessary permission. er SPECIAL PROVISIONS The falfnnng stall apply ONLY when indicated: NOTIFICATION! Permmse shall notify the City a TP6? m bond oran a 't too= 48 hours in advance of Staffing adman. R2 CASH DEPOSITS OR BONDS: A ca in an amount of nt less them a __� Shall be furnished in the name of City of La Quints o cover all work irety bonnvolved in the restoration at the ve roads and survey monuments. This bond snail be continuous until cancelled s boas Quints Doted prior to commencement at any vwrit on this by tris City Engineer. Thlf (lOhp must be prosect • R3 UTILITY CLEARANCE: gANCE:ISubtrutiurealPriortomakinganvexcavapdnwnhintheCityafLaQuintsnghtatweylutnorizea W permit, the psrmmOs snail contact all concerned utility companies relative td the location t enating subarue[ure o Damage to existing substructures resulting tram operations conduct" under this permit shall bathe ogle tiapanaibies. of the permmee. fv R4 UTILITY CLEARANCE: lSurfaee truauresl No wok shag be acne under this perrhrt until all utilities are clear of the Proposed work site. The permittee snail notify all concerned utility companies of the proposed wort, RS PAVEMENT WIDENING: Area between the or000led m surfaced withinches WAX. caving placed on f>Creis sitter line and the existing road pawilfe^t shell be hoand i ngsn"R"vatueofnotlessthan inches ofalso aggregate subbase course and Specifications. Ordinance a 481, neon}drmeneewitnCityofLaQuints Road Improvement Standards R6 PARKWAY GRADING: Areabetween'noprepenylineandTOPoftheDfODOsedconcratecuroshallbegradedtpsaldpeof 1/4 inch to one foot 11 �. R7 GRADES & STAKES: City of La Quints shell establish grades anis Ste ted for the proposed concrete corp •rid sonar RGRADE CHECKING: City of LaQuints stiallcheck graces upon recelptatclana^dOlafileand/orgratlesaseetebliohedby a licensed engineer. R9 CURB REMOVAL FOR DRIVEWAYS: A portion of the exiting concrete dub and/or curb and guner 1 f1111shelf 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 Quints Standard 0207. RIO DRIVEWAYS, A.C.; Driveways shall be contruaac as not to alter exiting drainage pattern. Surfacing between the Property line and the exiting road paving snail be 2-1/2 inenes of A.C. caving plaeea an 1 __ aggregate case. Orivewev construction snail conform to artaened drawing, l of elaaa� R11 CULVERTS. A :ncndiametert �/���inenes below and in line with the existing flow line.vertl installation s averl snail be il conform lled 1th tto the artacnedhe invert idrowing, t /2 L)ZiSIGHT CLEARANCE: Sight clearance of 1100 feet m either direction snail be assured and mamtathed R13' . SOIL STERILIZER: The area to De surfaced shall be treated wttn sol, sterilizer. Rete of application complywy,in manufacturer's specifications. the R 4 COORDINATE WORK: The proposed work shall be sueordlnated to any operation which the State of California or City Of La Quints may cOrldYR In this area during the period of this Permit. Work shall be MODdltiatetl with the State or City of La Quinta forces to preclude delav or interference with State or City of Sr Quints oojsas. ' La R15 erli MONUMENTS: Prior to excavation or beginning t construction all survey monuments writ^ exist an the be c all streets or properly lines when involved shall be dontatetaty tied out so they may as feloh and correctly . be ►eallCap thr a licalped ctvll englriear or surveyor at Oce abo efae Of ItteperMRN& A cdrttOte4 Moat natesatrawi^q the ties t0 inose mpr{af!♦^S s^III be fulrtiafto0 to the City E^Olrlae►Ortprtpt^s tinbNlQ arty mOflyTetttl. Th1t wm enol . as rlOtme0 upon co pletion of renacerrigm ar oil survey menuffierits IOD rende ar" e101110 ir•r -um 1: iS -P• or to excavat,on or oeomn,no of construct ton. aii sur vev mon umenis Sri air a hem =i La lluinte dna suiiadte payment or ouarantse or oavment snarl be made as re,mourseme R 1 'AVEMENT C out w to CUTTING; Pavement vent be meenanieauv tut to a int""Int made, nt for all ware invoiveD• tuning snarl be approved tnrouan the ortice of the City Engineer. t""Int a cacuorrri to excavation. mr.?hod df oe used to excavate prior to cuttrno or Oavemenn. Excavation marenai shah be oiaeed m such a Drysment stances snail excavating e0uulment taenitate me general now or tranic. Prior to nnai paving operanons. env oamade to pavement straight Cat acted. p0$itiOn as IO DISI 18 PAVEMENT CUTTING. Pavement shall be saw cut prior to remover. Prior to final paving fight edge snarl De Pavement straight edge small De corrected, q operanons. 19 LIMIT OF EXCAVATIONS: Excavations snap be limited to I, any damage to begin. All excavations snarl be orcoerry Darricacea with I,Ohttss overnon[ on weekends dna hO oa st at Open trench before k Olr h the trawiing pu011G The Public Warks inspector snalloetermine the $Ut[abtn weekeexcavationsand ollaaadh Deronansmust excavation snail remain open rot a period exceeding rive u1 oars. NO excavation snail be mane Unle a protection ncase.at � material is actually an the work site. 9 h con case. No C.tllD' BACKFILL MA � the construction MATERIAL Backfill shall be free of brush. roots or other organic substance detrimenta. , - ,;s • at P►oaucing an adequately consolidated backtlll. Any material which the City of La Quanta deems unsul saturated material) which is encountered during excavation shall not be used for backfill, but Shall a muse fOr PUfPOSaS replaced by an approvela sand or gravel. _ �� merited or R21 BACKFILL SAND: Backfill shall be approved trartsn.mm sand or Pplementea or throe feet 13.1 and vibrated usingvibrota equivalent Alle at shall be placed in 'If's of came a relative compaction of 95 percent Shall a attained within aient equipment. ate Kura �noaam ^yt0roetertnan civ bs s ubstrt,. but In any R2 BACKFILL PLACEMENT: Backfill snail be applied in lavers of hall more than 50 percent Of the ora n Of the svay before ltoodrng arm m marumum of five-foot 1571ifts wnere trencnes Great excessive depths. Cars is to ba • baeltt111 material is not sublecled to extreme awe,l by flooding eM of the trench resulting COTDeniOr shall be not teas than 90 percent flo d ng operation surrounain ciae0hn the or 9 Ope►to th s. surrounding material shall is plepd b that the companion. Where Dancing or flooding is used for a maximum settlement. ad dikes which he water. Where equate dikes will be constructed ever lathe greeter letting tis used. the leo shall be of sufficient length to ream ine bottom of eacn :e aced to retain supply shall be continuous. COMPACTION TE ver and he water fact and a minimum TESTS: I1Qtrest on eeenhe rro�ad Oneo1 copy at each testmpactiontems smabe llde at intervals of war ea to the tm approval and filed prior to matinepairs. are hen 1.00C Standard Speeiftea lcns• Divisi npaf Highways. ighwa s. State at Caeronla. dateallbemadsasoutlinedrnSeatonEn.ruse►for COMPACTION �w Siete of Califomre, dated January 1973, 8 3 01 of the TESTS: If so required by he Inspector. compaction tests snail be made for seen crossing Ons 111 copy of each test small be f orwaraed to the City Engineer for approval and filed prior to making Compaction tests small be made as Outlined in Section 6.3 01 Of the Standard salvmade ia lute. of California. dated January 1973. permarnemys.Stae Sosetticanons. Division of H' 25 TEMPORARY PA Highways. State PAVEMENT REPAIRS: After completion of backfill and compaction operations. a t consisting of 2 inches of SC -800 shall be placed on a prepared $upgrade. The SC -800 temoata attar a maximum at 3.000 linear feet of trencn ha$ been excavated and backfill operations completed. but in vetch Ins Placement of the tempora ry paring bap be abed R26 PERMANENT PAVEMENT REPAIR: After baakt 11 and exceed a fcvmbaive )cttoynlOpe no case snail consisting Of two Inches (2-) of SC -800 shall be placed immediately.rA permanent patations nave ch completed. a temporo surfacing placed on a ry Paten tampOrary road repair, r^Ch class bade shall be placed no late►[han -inches A. C. days ehercgnipletion of R27 PAVEMENT REPAIR: F.A.S.: Upon cam pletionatbarktillants cdmoaction.atemoorarypatchconsrstin Of Cold mix Paving ISC-800) shall be placed immediately. A permanent patch of three Inst be placed on six inches 18'1 Concrete base as directed. but not later than f rtteen (15) days after camp nn inches 12 Inches 13-1 of A.C. surfacing snail Paving. Concrete base small be of five -sack mix and $hall conform to the City of La Quanta goad Ihiproverm SM SObificationa Ordinance 0481. of temoaary R2 FOG SEAL: A fog seal coat consisting of an application of a GttStanoards determined by the City Engineer, sonaltic emulsion small be applied over all R29 SEAL ARMPalati areas as OR COAT: A sea coat consisting of an application binder and screenings shall be applied on all where nd rt seal costs existed prior t0 issuance Of this Darmn. Seal Of armor Coats shall be applied as 37• Standard Specifications. State of California. Division of Hi dIn S dices be accomplished by a licensed contractor engaged in the business Highways. n t 1 spbdiedineeeron R30 STREET RE STRIPING: ry 973. Work df Pawment repair to Gent re airs. striping i$stIII visible on streets loo excavated. repair. striping small ereDlecadupon COmEET RE of permanent repairs. R31 TREE RELOCATION OR REMOVAL. Tree relocation within theCity of La Quints road right of way shall be eCComOti$hed by a licensed. banded and sns urea tree service. and handled sal sly without hlterterance or hazard to the trawhngDUDlic. It shall be the responsibility of the permittee to maintain the tree in a vigorous growing condition at its new Trees to be removed shall be removed in sectionswhlch can be handled safelvwitneut interference or ria location. traffic. The entire width of the tree slump snail be removed and disposed of so that no debris remains in vi highway. The stump hole shall bebackftlledandtharougnlycompacteeasspecifiedinthefolbNlin ronlgnwav becomes necessary to restner traffic. the work shall be restricted it to a maximum Of . of the Signs. flagmen and/or bameades shall be provided to protect the traveling any one e 500 feet at any one time. Adequate Large holes resulting from tree removal shall be backfilled and torr not less than public at all times, surrounding ground, whichever is the greater compaction as OetetmIned by the mon 9orcerc method equivalent to the testa shall eomoiv with Section 6.3.01 of the Stannard Specifications. Division of Highways. State of California, January 1973. Campsto oared • R32 TREE TRIMMING: a. Onfy the necessary trimming snail be aceombitshed to provide clearance of the facility for one calendar All broken Or week sections within the trimming snail be removed, b. Where It becomes necessary to restrict traffic. the work shall be restricted to a maximum of 500 feet at anyoneveal Adequate signs. flagmen, and/or oarricaces small be provided to protect the travaNn c. If vee trunks are /lig,me. Partially outside of the City of La Quinta road right of we 9 public at all timed bymitters shall Make his a" this with edlOhIng properly owners for consent to the trimming in addition to the authorization pro toed by Lhis Germ n. 4 All tree trimming qct dad 9 EVERGREEN TREES. PALM TREES. and other ORNAMENTAL TREES shall be bcamPllehed to the satisfaction of the City Public Works Inspector. e. Abutting property owners shall be eomttQaid' in all instarm"- Pnar to vtmming or topping vasa . _ .. I. Pruning shall, in all tnuances. as at ms smoulder of h. SPECIAL CONDITIONS --PERMIT NO. 2252 --- INCO HOMES -=- In addition to the standard permit conditions, the following shall apply: 1. All work shall be performed in accordance with the latest edition of the Standard Specifications For Public Works Construction. 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 each 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 following time periods: October 1 st to April 30: . Monday -Friday 7:00 a.m. to 5:30p. m. Saturday 8:00 a. m. to 5:00p. m. May 1 st to September 30: Monday -Friday 6:00 a. m. to 7:00p. m. Saturday 8:00 a.m. to 5:00p. m. Work shall be prohibited on legal holidays including Sundays. 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. Advance warning signs and traffic, control shall be installed and maintained in accordance with Cal Trans Standards. It shall be the permittee's responsibility to detour and barricade this site. 7. Street closures shall not be permitted. A minimum of one travel lane on paved surface shall be maintained with flagmen at all times. 8. Prior to excavating, the permittee shall contact Underground Service Alert at 1(800) 422-4133. 9. Should additional work, materials, or modifications of the work be required in order to meet city standards, safety requirements, signage requirements, or to fit actual field conditions, the work shall be performed by the permittee as directed by and to the satisfaction of the City Engineer at no cost to the City of La Quinta. 10.. All work shall be coordinated with the City, the City's contractor and/or others working within the area as directed by and to the satisfaction of the City Engineer. Special Conditions - Permit No. 2252 Page 1 of 2 4w SPECIAL CONDITIONS --PERMIT NO. 2252 continued 11. When the work is within 500' of a signalized intersection, the permittee shall notify Riverside County Signal Dept. at (714) 275-6894 or Caltrans Signal 'Dept. at (619) 688-6845 as appropriate a minimum of 48 hrs prior to starting work. 12. All backfill and subgrade soil shall be compacted to 90% relative dry density, all backfill soil within the top. 2' of finish pavement surface shall be compacted to 95 %. relative dry density, all base material shall be compacted to 95% relative dry density. 13. Work authorized by this permit shall be for the concrete work as shown on the approved plan for Tract 23995-1. 14. All excavations at or near the travel way shall be backfilled and paved if necessary at the end of each work day for the protection of the traveling public. , Special Conditions - Pernik No. 2252 Page 2 of 2