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2282NOTE With.ptoper validation Q' 4 o "— this-fo m constitutes an CITY OF LA QUINTA encroachment permit APPLICATION FOR PERMIT PUBLIC WORKS CONSTRUCTION (ENCROACHMENT) For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains and other like public works improvements. in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS Subdivision Improvement Permit lass III DATE: 12-29-94 Minor Improvemente�`�'�""ss IV LOCATION OF CONSTRUCTION South side of Miles Ave, Adams Sto to phase • boundary 23995-1 Offsite Only 6 23995-2 Offaite only (Street address or Description of Location) PURPOSE OF CONSTRUCTION A.C. and Adams St. on on miles Ave DESCRIPTION OF CONSTRUCTION n a r a. v. wawua compact, and pave DIMENSION OF INSTALLATION OR REMOVAL SIZE OF EXCAVATION, IF NEEDED APPROXIMATE TIME WHEN WORK WILL BEGIN 12-2894 APPROXIMATE TIME OF COMPLETION ESTIMATED CONSTRUCTION COST $ (Including removal of all obstruction, materials, and debris, backfilling, com- paction and placing permanent resurfacing and/or replacing improvements) Sketch (attach construction plans if appropriate) In consideration of the granting of this permit, the applicant hereby agrees to: See attached conditions Lj �D994 U Indemnify, -defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as'a proximate result of any. work undertaken under the permit granted pursuant'to this application. Notify the Administrative Authority at least twenty-four (24) hours in advance of the time when work will be started. Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulations of the City of La Quinta and to pay for any additional replacement necessary as the result of this work. �- Signature of Applicant or Agent �• Inco Homes 250 8, Rincon Corona, CA (909) 736-0700 ` Name of Applicant (please print) Business Address Telephone No. Granite Construction 77-564 Country Club Palm Desert, CA 92211 (619) 360-4500 Name of Contractor and Job Foreman Business Address Telephone No. 89 2501 Contractor's License No. City Business License No. American Casualty GL 202519639 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit — Class 111 1 1 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. $ f/G 3. 660 10 $ x/73-g�, Received by Date 2282 PERMIT VALIDATION PERMIT NO. 2282 DATE APPROVED 12-28-94 EXPIRATION DATE -30-95 DATE ISS ED Z By Administrative Authority Recorded by 11 TELEPHONE: (619) 564-2246 \_ — _ �I MILL'S- - . A VL,NUL' 37 9 40 ,; 1 2 4 7 8 15 16 17 _ _ 3(, ` s n+ 0 ~ ► - 6 14 IRAMDLEIFOOD \' 9 L. 18 COURT WILT& _ �f31 30 29 13 28 w ! 21 � 17 10 �� 21- �''�` I?, 2h 2U 2 17 18 2 3 SUMMERBRUUI 19 16 in 19 24 �� , 21 ire COURT' �� _ _ c� 21 20 23 ' �crzss 4 - 15 ?2 22 I PH y 12 12 4�t� . ) 1 1 1-7) 25 -14 9 10.lI ! I 26 15 7 10 9q 6 III W 10 9 8 ' 'A1 ' 2 7 1 G , 11 �r I7 2 1 26 1 _ 17 p Q I 12 17 18 1 4 27 _ 13 3 28 f 1 23 1g 1 16 �'• i — 26 21 1 :I 4 1R 15- 22 29 22 21 20 25 ' 1 24 25 – 27 ! 23 26 24 28` 24 28 — -- -- \! ♦ 7 29– 30 �i 32 33' 34 – 1 �\ 22 2 23 25 4 27 31 I I Y ♦20 ? 1 �O0�t,2 28 22 30 � 26 1 31 – 2 37 – – – 3 I I 4 \ i9`� 11 21� 311 v – – 2 30 – – 29– 1 – 4 II , � ' 20, - ��J1j – ' 1 \ 18 U/U`/'' 3U' 19, D U'31� � 3 - – 5 17� ! ' 31 /18/4 4 28 161 \14,' ` 13 /17 , '` — 27 -6 SII � 15 �� 8 1 X14 �i6 X13 6 — 7 1 / � 7 \2 X15 '15114 ,7 26 -- III I `1 i� -- 6 3` 12 �16i I 128 - 25 5 1 1 17 16 i 10 X18 / i 10 t 9 \ ` 24 yr , 1 �15 18 9 i 9 X23 -- \ �� 14i X19, '8 1 4 '22232 o�ll I \ �1320' 7i Xo `f --'III I 12 X21/ UO 12 1 21 i 5 4 3 i 3 12 t11 -–– 13 ,II , I 20 i 24 I � 14 I 1 7 25 1 26 1 27128 19 5 I I I \ � ♦ / � / i I -- � 6 EI�iGLE I 5 /4 1 3 1 2 1 1 \�6\1I) L--- �NG 16" ORM DRAIN n. 1 6re jjGATE I EXISTING 8" A r CURB/GUTTER A . ............ 2 5 6..44) . FL 9 92.0000 9 U3 TC .20 rp 0\ EX. B 5 RELI Feu I I Flip owl MR— w i......... I A ru 23 EX 1/P /P— V 0� 9A ti co HAS J T ,. a f 7L if -d -A im zc `0% -3 0 -STREET A DA Nt SHikT' 4) -71 6 5E 'Fro �Qrcf 4Q6 -Z 9 6, k 415 z 6032- e;g PRERARED--UNDER THE DIRECT' i; �2ENCHPD-3- iw_'il&584' ' `INC UES.? ARK TH AND ASSOCLA.,A MAINIER09SMI vFj7NG- CATION I.P. PLANNING CIVIL jrNameEp WITH + CO: TAG JW'. MOR OF." ION WA WELL', ATjHE,.INTEP6ECT 6 777. E. TAHQUITZ CANYUrf ANO.WASHIINGTON17ST. ..922 MILES AVE. PALM SPRINGS, CALIF 1 98ft TELEPHONE (619) U00- 98 f f7893 Tp, 4'r I A ru 23 EX 1/P /P— V 0� 9A ti co HAS J T ,. a f 7L if -d -A im zc `0% -3 0 -STREET A DA Nt SHikT' 4) -71 6 5E 'Fro �Qrcf 4Q6 -Z 9 6, k 415 z 6032- e;g PRERARED--UNDER THE DIRECT' i; �2ENCHPD-3- iw_'il&584' ' `INC UES.? ARK TH AND ASSOCLA.,A MAINIER09SMI vFj7NG- CATION I.P. PLANNING CIVIL jrNameEp WITH + CO: TAG JW'. MOR OF." ION WA WELL', ATjHE,.INTEP6ECT 6 777. E. TAHQUITZ CANYUrf ANO.WASHIINGTON17ST. ..922 MILES AVE. PALM SPRINGS, CALIF 1 98ft TELEPHONE (619) U00- 98 f f7893 -4 a 'hs tallO-n0 tienersl and Sdyc,y, r"rov,sions are aRjlcngo to one mads a Dart of Pertnri NO. GENERAL PROVISIONS ,he following snail away acoly: ENCROACHMENT ON PRIVATE PROPERTY. -his cermn autnor,tes wore to be aeedmpilansd within ONLY. Whenever construction emends wl,ntn orlvate oropertv. it be that resbonsloisn or that secure permission tram aoumn C'tv of is Quints ngnt of wav 9 propern owners. Such authontauon mus[ Da secured ov that oat mm mee or nis contractors, to TRACKLAYING CONSTRUCTION EQUIPMENT: Cleated trach °° tenor to stattmq word Pawosurtac° unless ?MOO wnnsmootn-recebstreetOaas.Allm ml co^ trctroneauromentsnailnatbeDatm :n• Dsv,nq curing excsVabOns. Rubaer-„reo °oulomenr only sneanpy u 0lgit ars snail be ?MOO with ruODer spell oo~at°,nem pMnlant IS Scarred, sualisp or Oration curing the term at till! co bacxftll oberetlana In snests tOOrarea inat [nese aORIOhe at toed be nwgcL or d the pavement Is R ions n caved areae. It the axis" lYrteCrh resufTaceO over tneir entire VAM. RasurMMnq anal) coMtat at one coat of g plus appropriate sea coat as specified coo". CitV at La QYi^u snail Iettrest PROTECTION OF TRAFFIC:' two inches 12�I of A_C. All excavations s ant wore arena snap be.prapynv I,ghtea and bameaaedEngineer as teamed rtec f"IsOrOI9 - hoQuints Cit Cn PublicWortsI^SDeCrors.Suitablevetoursarocatourslgn,aniybeOlaeeasC malnta Of the Prolate[ The CiN shall be notMed 24 Mrs. ,n advance of y esWill, a Cuv CARE OF DRAINAGE STRUCTURES:nY traffic dstdure Or delineatwna. u+wfarmeduratrdn Am ,ra,nege structure newmng corrugated metal P,pe. concrete conerate structures encountered during excavation which neosary t0 rilmove Or n°C°wuu rorndvu snail be pipe. a steel culvert and atilt emtirq drainage structures. City of V remaao ,n tins. In that Otalnaga structures and open mains snail be kept tree . itVDebris a[ Quiium� be notified prior to comma event R becdr,ias RIGHT OF WAY CLEANUP: Ar,y auro,ua material resulting from excavation and ba kroDeor aralnage. ^Dement of tries work. war. All Davao surtacesshallMbroomed clean ofearinanoairierabtemonadlamateriapels mtionssnaicrierOaove e operations shall be removed from me ngnt of Existing putter line and drainage dltOhes snail be reOtaCed IO Ihalr Original standard ri Oeiter. All tsceas prior to paving. Water tanker shall be used. as r meoterc°coO1 immediately after bacafill. required. IO sprinkle flys lob site to keep down dust material he,nd s be removed c0^altlOns end arise be used OE -WATER OPERATIONS: O do-werenng operations are retulret and cute," are rorctnq water on Ci the responslO,bty of the DerrnmM tcontraaon to control kms worst and to N of La Quints rOedy, It shall be CLOSING STREETS; No street snail be closed. A minimum of Precise stmt, Dariruass when rlspy�tr access forme aclaln,ng Property OMeters ire ems one lame attrsMic snail be maintained al' timed IO any Iatngm Of time. oermlttes anan contact inls o�ceme~wn�� In Ina MV"it lSfOltbVtne pyrttttReeln SOal ti (advice limn°, e TO Obtain the necessary Permission. must Ws a street for SPECIAL PROVISIONS The follyving shall apply ONLY when IrtdrCaled: Rl NOTIFICATION: Permmes snail notify the Citi, yt 7-7C%S R2 CASH DEPOSITS OR BONDS: A hely bond Or on etrprtydd su at 1111412148 hours ,n advance of starting construction. Mail be turn,sned In me nems of CIN O1 U Quints t0 �' worbond ,n an amount Of not lea? loan a roads and survey ngnumoms. This bond shall be cOht�intstjptrs k lhvdlvep ,n that reatOrsOpn Ot the PMOU Prior to commencariem at cancelled by Ina City Engineer. This V Qwnte sty work an tins proles . mod must be R3 UTILITY CLEARANCE. (SubstruraureslPriartomaking bypwmh' the psnmnee snail contact all concerned uul atwriw elatr' aCitvatLa Damage en comoama/eta �'^te right afwayautnor,no g existing SuaStruRures resulting from OpefadoRy tM t0 the IOtaDan at am" y Of the DermmOe. �tetiCtp unser trio OerII1R shall a me eOls Substructures. R4 LML"Y �,b,hty CLEARANCE: (SYrfaq atruCtufell No wort Sri under be dOtle under this OerR"R until all v[Ilihee ate Clear proedeet work Sae. The cOrmmee snail notlty sit concerned Uuhty companies of the proposed R5' PAVEMENT WIDENING: Area of the between in* Drop-- WOft Surfaced W,tfl mores at A.C. Cavin co^Crele gutter line end the existing road caw having an "R'vatue of not lean loan 9 Placed on inchss of classaggreg ^MIR Shall be and $OOc-R'v na.Ordlna ss sn and'^contormance"y,tn Ci cimpr vem myyy course tY of La Quints Road Improvement Standyras RB PARKWAY GRADING: Area between the ro e 1/4 inch to one foot (11. p P rtyl,nsanttopoftheDlOOOseOconcretecurbshallbey � db tdetlppe 0l R7 GRADES & STAKES: City of La Quinn shall establish graces and stakes for the Propdaea concrete /� �cOmuructlon. rte 7,RAOE CHECKING: City of La Quints snail chectgraaesuoon r curb Shia finer a(Menseoengineer. °c" of Plan and profile and/or graces ayeetebfiyhed by R9 CURB REMOVAL FOR DRIVEWAYS: A portion of the existing concrete curb and/ar curb and gutter ( f Mr^ovea Curb and/or curd ano gutter shall be yaw Cut prior to removal. Os concrete driveway Seem,, shall be eonatri, eaUahap be CTed Ih cOfHOfRlah crOuGa emb. matcning cone" gutter anti R10 DRIVEWAYS. A.C.. driveways snap be constructed as not to allover existing of La Quints Standard 0207, Orcperiy line and the existing road caving snail be 2.1 /2 inenas of A. g Qralrt lac pattern. Surfacing aggregate base. DI,VeweY cOnStrucbOh snail COhfatm TO a Divin Cts a1Y1e°^ the ttacnec Drawing, g pyC°o on (�"I Of de=�_ R11 .:�� CULVEATS.:hcndlameterl Inches TS. and m tine wan the existingng clow , ' cWv°^ snail DO insta 11 ad with the Invert aoorox,msten, 1. t ; 2 Culvert installation snail cOnrorm to the attacnea Drawing. R12 SIGHT CLEARANCE. Sight clearance of 600 feet In eliher direction snail be assured and malntelnea R13 SOILSTERILIZER: The area to oat surfaced shall be troatea Mum sou Sterilizer. Rate of application shall cpm martufacturer's ScOCtflcalons 14 COORDINATE WORK: The arwrmtne Gly of La a>raAcssd Mrork shah be suoadirtatw to any operation which the State of California df QUlilta may canauct in mt3 area curing Ghr of La Quints forces to Pratdudi delav or 1 the period Of this oorm". Wary snail be cadwinated Minh the nterferenee vvim State or Citi, of La Quints propels. Sate or Rl SURVEY MONUMENTS; Prior to exeavatian or Deginning at construction. all survey monuments vyftiCh did be tom Re Of all StreatS o properftr Itnes when ,rtildtved cited be Cditfatetely ttso out SO m (tor reofaaed by • I,Cenyep Clvlf at an me tip to these eng"ww or survevor at the h ince oat rano t om eorr0mv nNwumf = MOO m llrntsatao to me City amettea dttfta Oartnntea A Cditlptdty ascot nmww wm"Tne as r101a1ea upon Commisden s ,--- _.. rteottalQLOttterewsrs.�.�_�_. 16 - :_RVEY "0NUMENTS P-•nrio excavation or oemnnina orconstructidn. au survey monumenq snatibeh :i LA Uuinta and sunacte aairmant or ouarantes of Oavmertt shall D@ mane as evmonuments Tor lip R17-AVEMENT eaoutbvt-ii. CUTTING. Pavement papa os mKrianwliv cut to a atralrnt a was involved. cudino snail be eoorovea Thrown the office or the Citv E dila prior to excavation. M Oe used to excavate Orior TO cUttino of OaVememl ^41n°or. lUnaer no circumstances shall a Vstt od Of Pavemem iacllilate IAC Oef1ef81 now Or (cattle. ?nor to final ,xExcavation material small be placed In such a �atinq paui)mem orrtxtea.Paving operations. any oamaae to pavement slid. oartion as to nest R18 °AVEMENT CUTTING. Pavement snail be saw cut prior to removal. Prior to final Paving gat ewe sage eo pavement straight edge snail be corrected. q doeration R19 UMROF EXCAVATIONS: Excavations shall be //miner to 1. s any damage to • begin. All excavations snail be crooernrbarricadea wain Iia � lineal reef n poenenos a a noel oaCxttllt Inc traveling htg OVerntghL, ori Weekends an0 nttlidaVS forth eratidns must gpupuaThePublicWorksInspectorsnailaetermmeinesuitaowevotexcavationcarr/cabin eproteaieNo excavation snail remain open tar a oeriou exceeding rive 1�10ays. NO excavation gnarl be made Ur11e n of material is actually on the work site. gin cern Cage. No R20 BACKFI a tine construction LL MATERIAL: Backf ill shall be tree or crush. roots Or diner organic suostance detriments....:s Of PfOducmg an adequately consolidated backfill. Any material which ins Cifv of La Quinta rteems unsuitable Saturated mate/tall which Is encouniarea during a u~fespurposes facileett 9 xeavation snaLL not oe used for oaektill. but snail be lip a Supplemented lsoonqyor by an approved sane lir gravel. R21 BACKFILL SAND: Baekfdl shall De cop - supplemented or three feet 131 andviorated hall b "Provveertranslit'"or el eland pr equivalent and shall be placed rn lifts at "1011 ase a relative compaction of 95 percent sttall be attained within equipment. Alternate g:rLcttural section of the g"mocis may Do roaaway. art^an R2 BACKFILL PLACEMENT: Backtill snail be auction in lavers df ntrian stI^^eO• but in anv batch mooning ora maximum at five-tact 151 lifts where aencn s steel a cessrve dept^s.50 percent dCare is tt ' deg t the to badtfdl prerenal is not suOleaer [o extrema _ �^ of the trenrn resulting compaction snail be not less than 90 oerC m O equivll alent o the surrounding tmalar/al snail tis p{w hmwthatthe compaction. Where panning or flooding is used for a maximum settlement. adequate dikes will be constructedv0 that [fie the water. Where laming is used. the lets shall be at sufficient length teach the lees willw t greater $uPPly snail be cdmtnuous. pOROm Of each :aYend the water R23 COMPACTION TESTS: If so requires bytne inspector, compaaton tests shall be mane at intervals of not more than 1.000 fart dna a minimum at one 111 test on cern road. One I11 Copy or each test snarl be torwerdett to the Cl approval and tiled prior to making permanent repairs. Com Standard SP°GtlCattChs, Division at Hilat PaalOn tests snail be made as outlined In Section Engineer tar 24 COMPACTION TESTS: If so required by the nspector. com=iceCalifornia. dated January 1973. 8.3 01 of the Onelllcopyoteaentestsnallbeforwarded toins Ci flaafontefair at) stsSnail bemace tar seen crossin Compaction texts dal shall bemeas73outlirteainSemonti.3.01ottheStano Proval and filedprrortomakin goraeetre tin°. of mpacion dated January mace makingpermanent Spseficatrons. Divisional Higfrweva, State R25 TEMPORARY PAVEMENT REPAIRS: Attar completion of backfill and compaction adoration$, a to marY patch consisting of 2 inches at SC-800 shall be placed an a prepares subgrade. The SC-800 tem gra the► a maximum of a tem lineal teat a trench nae a five day lino oacittill operations cttmple[ed. out in noose s ce nail the placemen[ of the temporary p ry paling chap be platen P ry Pavement exceed a five IS) day limit. R26 PERMANENT PAVEMENT REPAIR: After backfill and eompactron operations nave peen completed. a to consisting Of two inches 121 of SC-800 shall be lacer pactiontely A _ surfacing placed an a p permanent patch of lhPorary patch inch alga$ base snail be placed no later than /nates A. C. temporary noon repair. day$ liner R27 PAVEMENT gEPAIR:F.A.S.:Upon completion ofbat�fillandettm eompletionof Of MId prix Paving EPA RSC-8001 Shall be placed immediately.fbaciit A paaion. a temocrarV oatch consisting } be Dlaeetl on six lPermanent Paten Of three y% 131 of A.C. Wrtadel es 12'1 renesnail beatficoncrete base as directed. but not later than fifteen 1151 tlays attar epmpletion paring, Ccnaete base diva be m rive-seat mix and shall conform to the City of La Quints attar Imprpvetn o snail +fid SPaeiheauona. Ordinance aa81. df temoorary FOG SEAL: A fog seal coat consisting of an apPllatran of a OM Standards determined W the City Engineer. sunaltic emulsion snail be applied overall Wtat areae as R29 SEAL ARMOR COAT: A seal coat consisting of an accilcatidn binder and screenings shall be applied on all where such seal coats existed prior to Issuance Of this permit. Seal Or armor coals shall be e 37• Standard ScOcfications. Stale of Caltlornia, t ivision"I's at H' oaten areas be acepmollshed by a licensed contractor en a ghw°vs' Bated January 197 Wark at specified Sectionto 9 gad in the business of pavement repair. ant repair to R3 STREET RESTRIPING. Where street striping is still visiole on streets tb be excavate°. such striping small be replaced upon Completion Of permanent repairs. A31 TREE RELOCATION OR REMOVAL, Tree relocation within ins City of La Quinta road right of way snail be aceomolisned by a licensed. bonded and insured tree service. and nandled safely wilnout mterterence or hazard to the travel/ It shall be the responsibility of the permittee to malmain the tree in a vigorous growing traveling tion. Its now Trees to be remover shall be removed in sections which can be handled safely witmout interference or nazard td h ghwav traffic. The entire widtn of the tree stump snail be removed and disposed of so that no debris remains In view of the highway. The stump hole snail be backfilled and thorougnlycOlovacter as specified in the following para becomes necessary to restrfa traffic. the war% shall be restricted to a maximum of 500 feet at any one time, A signs. flagmen end/or barricades shall be rovid gyp^ Where it provided to protea the travelingAdequate . 1.argenotesresulting from tree removal snail beOaekfilletlanocpm public at all times. Large note g ground. whichever is the greater tom vacted to not less than 90 percent dr equivalent to the by test$ shall comply with Seaton 6.3.01 of the Standard Specifications. Oivis onnot Highways. s Impact or /State of Celd alifornia. oaten January 1973. Compaction R32 TREE TRIMMING: a• Only the necessary trimming snail be acccroollsner to provide clearance of the to 11 for one Calendar veer All broken Or weak sections within the trimming small be removed. p. Where It 06COmes necessary to resthct traffic. the work shall be restricted to a maximum of 500 fee[ at anyone tim Adequate signs, flagmen, and/or barricades snail be provided to Protea the traveling public at all times e. c- If tree trunks are partially outside of the City of La Quina roast right of way. permittee snail make his own by this permit with adjoining Property owners for comsard to the trimming in adaitron to the autnortatron provided by this perms. d. All tree trimming on EVERGREEN TREES. PALM TR the sapahalon of the City Public Works l^aoaaor.EES. and otner ORNAMENTAL TREES shall be aceorodoghed to ' t °• AbecPM Property owners mall be cmtua@m in all i }PrWletg °nae. in ad trts� , o• pr the �� . oriar to trtmntIng or topping trees SPECIAL CONDITIONS --PERMIT NO. 2282 --- INCO HOMES --- In addition to the standard permit conditions, the following, shall apply: 1. t. 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 .1st to April 30: Monday -Friday 7:00 a.m. to 5:30p. m. Saturday, 8:00 a.m. to 5:00p.m. May 1st 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 or the Work Area Traffic Control Manual (WATCH Handbook). 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 CityiEngineer. Special Conditions - Permit No. 2282. Page 1 of 2 SPECIAL CONDITIONS --PERMIT NO. 2282 continued 11. 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. 12. Work authorized by, this permit shall be as shown on the plan labeled "REUNION STREET IMPROVEMENT PLANS PHASE 1". 13. 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. 14. The taper/transition area on Miles Ave shall be in accordance with Caltrans 'Standards or The Work Area Traffic Control Handbook. Adjustments shall be made as directed by and to the satisfaction of the City Engineer to fit actual field conditions. Special Conditions - Permit No. 2282 Page 2 of 2 12/27/1994 16:14 6193456032 REUNION LA QUINTA NOTE: With proper validation • l �! G K'' •-s J�� this forme Constitute an ene►om Ment Damn CITY . OF LA QUINTA APPLICATION FOR PERMIT -PUBLIC WORKS CONSTRUCTION (ENCROACHMENT) For the aonstr mlOn of public or I►rivate orbs, driwwave, _ and other like pubile warRa impravemena In wnndewalks. Parking iOU, water eetien with MINOR IMPROVEMENTS and APPROYEO SUS 6DIV M".� • IEIO[ili PAGE 01 DATE: 17,-z7-94 LOCATION OF CONSTRUCTION ..10. (Sifaee own" oomwoon of 11.01111111 PURPOSE OF CONSTRUCTION IPTION OF DIMENSION OF INSTALIIATION OR REMOVAL J MrxbAAnV%j71 n.. SIZE OF EXCAVATION, IF NEEOEO WROXNATE TIME WHEN WORK WILL BEGIN Subdivision lmproveryNnt Permit — Clean 111 ,l Minor Improvement Permit Clan IV cG Ar,.,.. w . WPROXIMATE TIME OF COMPLETION ESTIMATED CONSTRUCTION COST = Ifeelbding reme"i of all obttructie". materials. and debris, beat Illing, Com• _action end placing permanent rnwlscimg and/or replacing improvements) SkItah lattsth construction plans if approprilm) 1 f'T7%iz!if��17 C,5�n/D/ T/ bnl S CITY OF LA QUINTA C001tdNatiotl Of the treating of this Permit, the appliaM handy agrees to: Iglu, dere" ane on fro Qty, ref wwwol poolm. lowUmiw W tae rewtt iron+ ~Neff. ofrkan. mormnfattm one emotoveaa, ha/fnte� Ilan aped lIaftef lfq W oa "toot as e oroawrete Llama W tow aetton eTla elifJffe put Of airy aot:tdant. lope 0► Netnw erw Mr ay IeMttt Ot Mr "M tt/t" tett Niow the SanrK mntail t0 pentio". M Ofa�eufv KOdN the Adt"I"Mral" AYotien granted <atdrMlanf t0 tilt/ applidtt0lf. >r N mann is Uw f0Y1 1241 hafts M aONnee el ata fuwo /MIM worts •frtl Oe RaRaO. t:onMaY unyt All oaplltaltae City Ofdinutew mho tatrffo froeottettlefts 1 M (J QYinv No to any f& W"afldltloaai rommupwe o n P e ootfmK twst and all aiaswe n,tq and nitw0whe al et>ef�Y a she Mwtit of Oil +tots. mita Chy N Mo at Applicant _plate wint) in, tfte or Contractor and Job Foreman gC7 - 1111vuy0i't Liante No. - tPlicant't Insurance Comfaany ES. Signature of Appic ant or Agent Cf%9� 7 -a7GU 9tdfleae Add_ ens L e i +tirK Tdepf torN Na �7 Slf C Saa►� 190 ,o- ySoo Business, Address Telephone No. oh' Z 501 CItY Business Lianse Ne, 31Jtletvttlan improvanment Permit — Clau III - Public improvements: 3% of e0timated construction tam Private intprawrnents: 3% of estimated Construction ast: Minor Improvement Permit — Cluo IV: See attached sdtadufN PollOy N ape .. •, ,. r.r ..a.S.•i • t+},' •j � ' ..��:� nit Flo AQ PERMIT VALIDATION utv' PERMIT N0, �2 Z r D00sit-Surstd Bond OATS APPROVED �zsf, 4uited TOTAL. $ EXPIRATION DATE iipt No.' DATE ISSUED lived bb Dap By Wd" bV Admfnittnthto Auti{+o►it r TEL UNONE: (0101664-2248 CZTY OF LA QL71 VTA DEC 2. 71994 eti r � � .j 1.- `- �i J /'f f art 1 ,1 . .. r P �t :� Y December 28, 1994 _ CITY OF LA QUINTA 78-495 Calle Tampico La.Quinta, California. 92253 Attn: Hector Guzman Re: Tract 23995 Dear Hector: Enclosed ;please find Check No. 4608 to cover the cost for our encroachment permit for construction at Miles and Adams included in Tracts 23995-1 and 23995-2. We have also included a copy.of the signed contract to show how we arrived at our calculation. Please call should you have any additional questions. Sincerely, 1JQ11U LCVC1V�J lllCll 1. l. -V 1111A 111Q l.Vl Inland Division 250 E. Rincon Avenue Suite 202 Corona, CA 91719.1341 (909)736.0700 FAX (909) 736.0400 Corporate Office 1282 W. Arrow Highwy P.O. Box 970 _ Upland, CA 91785 (909)981.8989 FAX (909) 982.9784 SUB -ACCOUNT CODE: 0105 TRADE: Paving PROJECT NAME; Rendon TRACT #: 23995, INCO HOMES CORPORATION General Liability: American Casulty Company WorkmansComp: Self Insured LOT NUMBERS: 23995-1M (lots 32-3U OPEN LOTS (Iota 36-40),23995-1 (Lots 1-31),23995-2 (Lots 134) SUBCONTRACT SECTION I Parties THIS SUBCONTRACT (herein referred to as "Agreement") is made and entered into as of September 15,1994, 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 Granite Construction, Contractors license Number 89, whose address is: 77564 Country Club Drive, Paha Desert, CA 92211, 619 360 4500, (hereinafter referred to as "Subcontractor" SECTION 2 Fundamental Agreement Provisions 2.1 Fundamental Agreement Provisions: The fundamental agreement provisions ofthis Agreement are the provisions 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 provisions 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" 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 Phase I & M per attached "highlighted" map. 2.4 Work to be Performed Suboont actor 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 BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAYBE 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 ear above written, all of which comprise the complete agreement. INCO O RPO ON, A Delaware Corporation Granite Coi4ctlon By; 1tti%Vl By: Roxane Allbritton, Vice President/ Treasurer "Subcontractor" Dated: K - f 7r Dated: October 3, 1994 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 conditions and in the manner required by the Subcontract Documents 1.2 Subcontractor agrees to perform in a good and workmanlike manner and to furnish all labor and materials (all materials shall be of first quality and new unless otherrs specified by the plans and specifications), supplies, equipment, services. machinery and toola necessary for the complete and satisfactory performance in strict accordance: the Subcontract Documents all the work specifically set forth on Exhibit "A". ARTICLE 2 Contract Price 2.1 As compensation for the performance of all of Subcontractor's work and other obligations hereunder, Contractor shall pay Subcontractor the total sum set forth or. Exhibit "A" (hereinafter referred to as "Contract Price") in the manner provided in Article 3 of this Agreement and subject to the additions and deductions through change 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 the payment by Subcontractor of any sales tax or use tax pursuant to any Sales Tax 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 governmental author':;:. taxing materials, services required, or labor furnished, or any other tax levied by reason of the work performed or to be performed under 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 materia;; contemplated by and embraced in this Agreement for all loss and damage arising out of the nature of the work or from the action of the elements or from any unforeseen •;r =Jmown 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 risks of ever-.- description ver_: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 shall submit to Contractor reporter _. form 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 Agreement. payment for the work completed, subject to the retentions herein provided for in subparagraph 3.3 of this Article, shall be made within twenry-five (25) days from the date ;f Contractors requisition for payment of invoices presented to Contractor prior to the date of Subcontractor's requisition for payment; provided, that Contractor shall not =e obligated to make progress payments to Subcontractor until Contractor has received (i) city, county, state orother applicable governmental inspections: (ii) if applicable, inspectior.s of FHA and VA as hereinafter provided in Article 7 of this Agreement; (iii) release of funds from the lender covering the state of completion reported by Subcontractor and (ivi a_ material and labor releases as herein provided for in Article 4 of this Agreement Any payment made hereunder or advances made by Contractor prior to full completion and dna, acceptance of the work shall not be construed as evidence of acceptance of any of Subcont actor's work. If construction loan funds are deposited in a joint account, Subcontractor' ; reports shall be submitted on or before the appropriate cut-off date for Subcontractor and its suppliers, or any of them. Subcontractor's requisition for release of constvction fund; and any report not accompanied by all proper releases and invoices as required by Article 4 of Lhrls Agreement shall be returned and not considered until the following payment ds:e and only then when accompanied by all such releases and invoices. 3.3 In addition to all other provisions of this .agreement, and separate therefrom. ten percent (1061c) of the total Contract Price, plus or minus any change orders, may withheld by Contractor from Subcontractor's invoices. As soon as practicable after Subcontractor's comoleaion of all of its work hereunder, final inspection and tests Thai! ' r made thereof by Contractor and Owner. When such inspection and tests prove 3aai3fac:or:, the work shall be accepted. subject, however, to the inspections provided for b•: subparagraph 3.4 of this Article. Subcontractor shall furnish Contractor and Owner with a reiesse of 311 claims against Contractor and Owner arising under or by virue of Agreement as more specifically required by article 4 of this Agreement. other than such claims. if any, made with the consent of Contractor and Owner, and spedcai'-- ezcepted by Contractor from the operation of the release in stated amounts to be setfor-h :herein. Contractor shall be entitled to withhold the retention due to Subconcac: . for a period of (i) thirty-five (35) days from acceptance by Contractor and Owner of work performed. subject. however, to the provisions of subparagraph 3.4 of this article, or (ii) for the period established by law to insure that there are no claims or liens in comet.=en with he work or against the Project or any portion thereof, whichever period sF.s occur lose Contractor may off -set against retentions payable any back charges. ova ray=encs on any other work performed by Subcontractor pursuant to any other contrac:s between Subcontractor and Contractor or the retention thereof, and any other claims which Contractor may have against Subcontractor. 3.4 Payments otherwise due may be withheld by Contractor until completion of ail city, county, state, or other applicable governmental inspec�oas, inc!uding, if applicable. inspections of FHA and VA as hereinafter provided in .Article 7, of this Agreement; or on sccount of defective work not remedied or claims filed or reasonable evidence indicat- ing probability of filing of claims: or failure of Subcontractor to make payments properly to contractors for material or labor, or a reasonable doubt that the Agreement csc be completed for the balance then unpaid. If the foregoing causes are removed, the with: ehd payment shall promptly be made. If said causes are not removed on written notice. Contactor may rectify the same at Subcontractor's expense. Should any valid indebtedness arise after final payment is made. Subcoorrsctor shall reimburse Contractor for any amount that it may pay in discharging any lien therefor or any claim affecting aide to the work or the Project 3.5 The provisions of this Article are subject to all of the other provisions of :his Ag:reement. including, but not limited to, Articles 7, 17 and 20 of this Agreement. ARTICLE 4 Material and Labor Releases 4.1 Subcontractor agrees to furnish to Contractor and Contractor may refuse payment to Subcontractor unless and until Subcontractor furnishes to Contractor notices establishing rights to claim of liens and releases of all such claims of all laborers. material -an, contractors, and subcontractors performing work or furnishing material under this Agreement, all in a form satisfactory to Contractor, and it is agreed that no payment hereunder 3Fsll be made, except at Contractor's option, unless and until such releases are furnished to Contractor. ARTICLE— 5 Adherence to Subcontract 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 such documents are to be construed to supplement each other so that any work mentioned in one such document but not in the other shall be performed in the same manner ss if mentioned in all such documents. Should a conflict arise between such documents• the specifications shall control over the plans, and this Agreement shall control over both the plans and specifications. Anything mentioned in the specifications and not shown on the drawings. or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of discrepancies, the matter shall be subm'rted immediately 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 in the specifications and the drawings. If such changes cause a material increase or decrease in the costs of performing the work or the time of performance, and written notice thereof is given to either party, within five (5) days after the giving of such notice of change an equitable adjustment in the compensation and the time of perfor—mance shall be made. Subcontractor agrees to make any and all changes, furnish the materials and perform the work that Contractor may require without nullifying this Agreement at a reasonable addition to, or a reduction from, the Contract Price stated herein, and pro rata to the same. If the parties cannot agree upon such adjustment within five (5) days after the receipt of the notice of change referred to herein, the matter shall be submitted to arbitration as hereinafter provided, but Subcontractor shall proceed immediately with the work as changed. 6.2 Under no conditions shall Subcontractor make any changes either as additions or deductions wit.hout the prior written order and approval of Contractor and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon prior thereto in writing by Contractor. In no event shall Contractor make payment for any such extra charges unless and until the Contractor itself receives a payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of it9 cost or credit proposal for changes in the work. Disputed work shall be performed as ordered in writing by the Contractor and the proper costs or credit breakdowns therefor shall be submitted without delay by Subcontractor to Contractor. 6.3 If Subcontractor fails to give notice of claim relating to any work for which compensation is asserted within thirty (30) days after such work is performed. Subcontractor shall be liable for the expense thereof. 6.4 If Subcontractor initiates a substitution, deviation or change in the work which sffecs the scope of :he work or the expense of other trades. Subkntractor shall be liable for :he expense thereof. / INITIAL: \" ARTICLE 13 Damages for Delay 13.1 Subcontractor shall not be entitled to and hereby expressly waives any and all rights to make claims or to be entitled to receive any compensation or damages writ Subcontractor may suffer by reason of Contractor. Owner or other contractors or subcontractors delaying Subcontractor in performsnce of the work or any portion there.: &am 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 da- -ss --including comsequencW damages. sustained by Contractor as a result thereof. Subcontractor shall not be liable under this Article if such default be caused by strikes, leckcu: acts of God 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 coat 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 law; 14.1.2 Combined single limit. public liability and property damage insurance with limits as hereinafter set forth: 14.1.3 Combined single limit Contractors 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 with !i_:3 hereinafter set forth. 14.2 Limits for coverage described in subsections 14.1.2, 14.1.3, and 14.1.4 shall be in the sura of One Million Dollars (51.000,000.00) on account of bodily inju-:es death an one (1) or more persons, and for property damage resulting from any one accident 'which may arise from the operations of Subcontractor in per -foci -g =e wc: 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 Contractor and delivered to Con_sc:::: : to commencement of any work. Each policy of insurance shall name Contractor and Owner as additional insureds and the workers compensation and acoloyer s (murance described in subsection 14.1.1 shall also name Contractor's insurer 33 an additional iaauted. Subcontractor shall cause to be furn13bed to Cont:3c:.o, ce ='.[aces : maw. -sate from tie insurance companies which certificates shall include the foilowing clause: —rairt•/ (30) days advance notice shall be given in writing to Contractor at 3nc ess shown r Section 1 hereof, on cancellation. te^n::yc:on or 3itera::or. policies evidenced by this certificate." Neither Contractor, Owner, or Contractor's insurer shall by reason of their uiclusion under Said pplicies incur Liability for payment of any preciu_s. Ail puhiic pr -per -1 daaage, contingent liability and other casualty policies required in tis Ar_c!e 14 shall be wr.ran as primary policies nor contributory with, arid not !n ezce3i coverage which he Contractor and Owner may car—j. 4 Na thing contained in this Article 14 shall s any way relieve, exonerate or oche:-ai3e reies3e Subcontractor fro= any of its resporsibiiities or ablisscon a CaccacAr and Oester pursuer[ to the provisions of Aric!e 16 of this Agreement. \I AR7CL= :a Surety 3cnds CC U -m A G t 0 2's 15.: Before he commencement of the work. Subcontractor shall at iia.e.n cost and expense procure and deliver to Contractor a Surety Faithful Perfor_ance 3oed and i Suety Labor and Materials Bond which shall comply fully with requirements of the Cadfornia Civil Code. The Faithful Performance Bond shall be in an amount equal :a or, bu=died percent ,100.0) of the Contract Price set forth in Exhibit "A" to this Agreement and the Labor and Materials Bond shall he in an amount of ::fry percent f50`.i) of sa:c Contract Price. Said bond shall be executed by a corporate surety acceptable to Cor._ac:or and shall be in a Cora satisfactory to Contractor. No change. alteration modi9c3tioa in or deviations from this Agreement of the drawing, plans and soerric3dons. whether made in the manner provided she Agreement or not, shat' reiesse •;: exonerate in whole or in part any surety on any bond given in connection with :is Ag: eecent and =either Owner nor Contractor Shall be under any obligation to not`; :::e su e:.: or nudes of any such change. alteration. modification or deviation. ARTICLc :6 Hold Harmless • Irdex.•nity 16.1 Subcontractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whsracever arAng out of or in connection with the performance of the work, except the sole negligence or willful misconduct of Contnctor, its agents, servants or independent contrscton who are directly responsible to Contractor. Subcontractor shall indemnify, protect and save harmless Contractor and Owner, their agents and employees against any and all 3ct:or.. claims, damages to persona or property, penalties, obligations or liabilities that may be sasered or claimed by any person. firm, entity, corporation• political subdivision or other organization arisin out of or in connection with the work, operation or activities of Subcontractor, its agents, employees• contractors, subconeactora or nvite�s. provided for herein, whether or not there ii.concurrent passive or active negligence on the part of Contractor or Owner, their respective agents and employees (but exc!ucL such actions, claims, damages to persona or property, penalties, obligations or liabilities arising from the sole negligence or willful misconduct of Contractor, its agents. servants or independent contractors, or Contractor, its agents, servants orindependent contacwn, as the case may be, who are directly responsible to Contractor or Owner). and connexion therewith (i) Subcontractor shall defend any action or actions filed in connection with any of said claims, damages. ppenalties, obligations or liabilities, and shall pay all costa and expenses of Subcontractor. Contractor, and Owner, including attorneys' fees incurred in connection therewith. and (til) Subcontractor shall promptly pay any judgment rendered against Subcontractor. Contractor, and Owner. or any of them, their respective agents and employees, covering such claims, damages, penalties• obligations and liabilities arising out of or in connection with such work, operations or activities. So much of the money due to 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 sctions or claims for damages as aforesaid. 16.2 Proposition 65 Indemnification. Subcontractor shall indemnify, protect and save Contactor and Owner, and their respective parents, subsidiaries, partners, shareholders,ti agents and employees, against any and all actions, claims, damages, penalties, obligations and/or liabilities that may be asserted or claimed against them by any person. anor warmental body, private or public, arising out of or based upon any violation and/or alleged violation of the California Safe Drinking Water and Toxic Enforcement Act of 1960 �:oposi[ on 65), including particularly Section ?5249.5 (discharge of a "folic" chemical) acid Section 25^_49.6 (prior notice). Subcontractor acknowledges that it has read and understands the pprovisions of Proposition 65 and the regulations promulgated thereunder and agrees to fully comply with all of the terms and conditions thereof ss maybe in force at any tine dur�g'he term hereof. !n the event any such claim is asserted or action filed 3 ainst Contractor and/or Owner, (i) Subcontractor shall defend them against any such cls a or actio. and shall pay all costs and expenses -which hey incur, including attorneys' fees• and Ilii Subcontractor shall promptly pay, and fully indemnify Contractor std Owner s oc any and all judgeencs, penalties, fines, damages and the like based upon any violation or alleged violation by Subcontractor of Proposition 65. ARTICLE i" Right of Offset • Cross Default 17.1 Subcontractor sprees that if Subcontractor should breach this Agreement or any other agreement with Contractor, whether written or oral, that Contractor may. at its option. dec!are that such a breach will constitute a breach of all agreements and that. in sdrlition to 311 other rights herein provided. Contractor may withhold any monies which might otherwise then be due or thereafter become due under any agreements, including this Ar, eecent, and Contrsear may apply wch monies byway of offset toward. emedying any such defaults or bresche3 in all agreements. including this Agreement. This right to withhoid shall con:mue in time std as to such amount as Contractor in its sole discretion shall dete.:jne is +ssonably neces3ar/ to satisfactorily car/ out the teras and condit:ons of ail 3greez en:s between Subcontractor and Contractor inc!uding warrant es thereof. INITIAL: ARTICLE Inspection and Rejection of Materials and Workmanship 7.1 All work and materials furnished shall conform to the requirements of all City, county, and state ordinances and laws. All work shall meet with the approval an_ : 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'J, or either of them. such work and materials furnished shall also meet with ail 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 inape�:c- approved by the dty, county, state and it erected under FHA and VA, or either of them, by the applicable inspectors of the FHA and VA, as well as inspection and aecep a .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 upon completion of all work and whether or not previously paid for by Contractor. At any and all prc per times during manufacture or performance of the work, all mate^a_= 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 In - such manufacture or performance shall be carried oto Failure of such inspectors m make inspections or tests or to discover defective workmanship or materials 3b` - prejudice the rights of Contractor or Owner on final inspection and tests. All expenses of tests and inspections to prove or establish the acceptability of performance of wcrs materials hereunder shall be borne by Subcontractor. 7.3 If upon any such inspections or tests as provided in subparagraphs 7.1 or 7.2 of this Article, any material or workmanship shall be found to be defective or not to c----'- to c_`-m the requirements therefor, it shall be rejected and the Subcontractor shall be notified thereof. Suhcoatractor, at its expense, shall promptly correct workmanship whit- not comply with such requirements by making the same comply therewith and 3heil promptly replace any material or equipment (except such as may have been furni3=e: Contractor) which does not conform to such requirements. If Subcontractor shall fail to replace or correct rejected material or workmanship immediately and without Contractor, at its option. may replace or correct the same and all coats and expenses of Contractor, including, but in ao way limited to, compensation for Contract... managerial and administrative expenses, in connection therewith shall be borne by Subcontractor. 7.3 Neither the final payment nor any provision in the Subcontract Documents sball relieve the Subcontractor of responsibility for faulty materials or work=anship. Subcontractor shall, when notified of any such defects, promptly remedy same and pay for any damage to the Project and other work resulting therefrom. ARTICLE 3 Liens and Claims 8.1 Contractor shall pay when due all claims for labor or material incurred by it in the performance of his Agreement. If any lien. notice of intention. atop notice.: a_. mechanics or materialmen, or attachment garaishments or suits are filed in connec=on wi•i the work or against the Project or any portion hereof, whet -her or not any :f - goiag are valid, Subcontractor shall. within ten (10) days after written demand to it by Contractor, cause the effect of such ben, attachment or suit a be removed '--a= or 25 a.r the Project and all portions thereof, and in the event Subcontractor shall fail to do so. Contractor and Owner are each hereby authorized to use whatever =earsthey mss;: -1, best a cause the lien. attachment or suit together with its effect upon the tide. a be removed, discharged. satisfied. comprised or dismissed and :he cost _hereof.:nc:'_:- reasonable attorneys' fees incurred by Contractor and Owner, shall ,mediately become due am Subcontractor and Owner. or Contractor. at its option. ahs have the Cirri: deduct such costs directly from the compensation due or to become due to Subcontractor ur le3s 3uc:, costs exceed said compensation• in which latter event :he excess aha_ . - debt immediately due from Subcontractor a Contractor. It ;3 understood that Car.-acar'3 ^gds `erein ac!ude its fight a 3at!3fy such lien by pay-ent. 3cd noon a} Subcontractor shall have no right or remedy against Contractor. and such -:gb�s and remedies of Subcontractor. if any against Contractor are hereby express!.: w3. - Subconescar may contest any such lien. attachment. or suit provided it shall cease :.e effect • hereof to be removed from the Project and all portions thereof. And sbail =: Atrther things as may be necessary to cause any lender of the Owner not a wiLhhoid monies due a Contractor. or from Owner by reasons of such liens, ac-ac*-,ents :r 8.2 In addition :o the foregoing. Subconc-scar shall indemnify and save Contac_ .-. 0z-er. !enders. cite _lsurar.ce compares and any 3urecies tree and : ar=eas claims. demanda, causes of sction3 or suits of whatever nature ar.3ir.g out of --'-e 3enices.:abor and =atecais .rur.•ushed by Subconcr3car or its contr3cars, urcer '.r. Agreement. ,0.r?"?C:.E ? De3ignadon ..f Su.pern :ecdent 9.i Subcontractor shall designate a competent individual (hereinafter referred •a as "Supe.ri tendent" ), which designation shall be set for -_h on Exhibi: "A", who, an'�er.a.i of Subcontractor shall have complete charge of ail work and such Superintendent ahail be At he job Site durng all dines when S'ubcontractor's work is in process, an= tic: Superintendent shall be authorized to represent Subcontractor duri-ng all phases of Subcont-scars work. In the event of any change of the Superintendent, Subcon:roc:: : shall notify he Contractor who the new Superintendent is to be prior a such charge becor-.g effective. AR :1CLE i0 Work Schedule and Subconcr3car'3 Examination 10.1 Conesctor represents that it. the Owner, and other contrsctor3 and subcontrscton _ay be working at the Projec: during the perfor=sr.ce of chis rag.ee=enc Cone_c::: reserves the right to direct the Subcontractor to schedule the order of performance of Subcon_sccor•s work hereunder n such manner as riot unressonable to interfere wi:: :ne performance of :he work by Contractor. Owner, and other concrscara and subcontrecan. 10.2 Subcontractor has by careful examination ascertained the nature and !ocadcn of the work. the conformity of he ground on which the work is cc be performed.:nc character, quality and quantity of the materials, equipment and facilities necessary to complete the work, the general and local conditions pertaining to he work, and ail ac=re metten by which in any way can effect the performance of this Agreement by Subcontractor. Subcontractor assumes full responsibility for he accuracy of all lines, levels measurements and their relation to the benchmarks, property lines and reference Une3. In all cases where dimensions are governed by conditions already established, the responsibility for correct knowledge of the conditions shall rest entirely on Subcoctnctor. No variation from the specified lines or grades or dimensions shall be made excep t an written authority of Contractor. All work shall be made to conform to actual. final conditions as they develop in the course of the work. Subcontractor acknowledges that .: 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 a the work to it b;: Contractor or Owner or any agent of the Contractor or Owner and not contained in thi3 Agreement. It is further agreed that there shall be no extra charge. cost or expense :a Contractor or Owner for work done by Subcontractor because of surface or sub3urface conditions, latent or otherwise. whether or not indicated in the specification anc drawings and that Subcontractor shall be solely responsible at its costs and expenses for the correction of the work of Subcontractor caused by any such surface or subsun3ce conditions. ARTICLE it Time of Performance 11.1 Time is of the essence of the Agreement and all actions taken by the parties hereto Shall be taken to the end that the performance of this Agreement shall be .'u!!;• expedited. Subcontractor shall commence the work covered by this Agreement immediately upon notification from Contractor. From commencement of work. unless not:::ec to the contrary. Subcontractor shall complete its work and obligation3 hereunder within the time period set forth in subparagraph 2.9 of Section ? of this Agreement. Should Conasctor'3 work schedule be changed, Subcontractor shall proceed in Strict accordance with Contractor's directions. ARTICLE l? Extension of Time 12.1 In csse of any delay caused by Contractor, or Owner, or any delay which is beyond he :ea3cnable control of the Subcontractor. the cause of which was not reasonably ascertainable by Subcontractor at the time this Agreement was entered into. written notice of such delay and of anticipated results thereof shall be given promptly to Contactor by Subcontrsctor. Failure to give such written notice promptly shall be deemed 3uf!dent :esson for denial of any extension of time by Contractor. Contractor ahsU notify Subcontractor promptly if. in its opinion, the cause of delay specked is such a3 to entitle or not to entitle Subcontractor a an extension of time. After such opinion of Contractor, that the cause of delay was beyond the reasonable control of Subcontrsctor and hat it was not reasonably ascertainable by Subcontractor at the time this Agreement we3 entered into, then the duration of delay shall be determined and :hat it was riot reasonably 3acertainable by Subcontractor at the time this .� cement was entered into. then the duration of delay shall be determined by Conumc:or and he di=e of performance of he work. the performance of which has been delayed reby, shall be exteaded, in writing by Contractor. \ A INITIAL: ARTICLE 18 Responsibility for Work and Risk of 1433 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 shall '=- delivered complete and undamaged. Until completion and final acceptance of the wotic. Subcontractor shall have charge and care thereof and shall bear the risk of injury 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 portion : the worst 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 occsaiore•., by acts of the federal government and the public enemy. In trials of 3uapenaion of work for any cause whatever. Subcontractor shall be responsible for all materials, and shall, at 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 in i condition satisfactory to Contractor, and (ii) remove all debris and waste material Subcontracmr shall not dump or discharge any materials or chemicals on the ground in an manner or for any reason whatsoever. As the work covered by this Agreement is completed. Subcontractor shall remove from the site thereof, to the satisfaction of :he Contractor, all of Subcontractors rubbish, debris, materials, tools and equipment, and if Subcontractor fails to do so promptly, Contractor may remove the same to any place ii storage, or dumping ground, at Subcontractor's risk (including liability under Proposition 65 tie set forth in Paragraph 16.2 hereof) and expense and without incurring an:., responsibility to Subcontractor for lose, damage, or theft. All storage and removal costs thus incurred by Contractor shall be a debt due and owing from Subcontractor :c Connector. 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 fail :n ar.:. respect to prosecute the work or any separate portion thereof with promptness and diligence, or fail in the performance of any of the agreements on its par,. contained herein t: become insolvent, or make an assignment for the benefit of creditors. or voluntarily submit m any bankruptcy or creditor proceeding. Contractor may, after twenty-four'2; 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 Subcontractor ntie: this Agreement and Contractor may also terminate Subcontractor's right to proceed with the work or such par, of the work as to which sues defaults have ocesrred. In :he eve-: of such termination. Contractor may enter upon the premises and. for the purpose of completing the work, take possession of all materials. supplies. equipment, toois arc obappGancea belonging to or under the control of Subcontractor, including materials, supplies. equipment, tools and appliances located :hereon or elsewhere which have been tained or ordered in connection with the performance of this Agreement and all rights under contracts of Subcontractor. and may finish the work by whatever method is _s.• deem expedient including the hiring of another subcontractor or subcontractors under such .farm of cont --act as Contractor may deem advisable. In such case. Subcone]c:cr shall aril be entitled to receive any further payment until the work is finished. If the unpaid balance of he amount :o be paid on this agreement 3hail exceed he excense finishing the work. compensation for Contractor's additional managerial and adxiaiscative aervice3 and such other costs and damages as Contractor may suffer, sucl este:: shall be paid to Subcontractor. If such expense. compensation for managerial and administrative services, costs and damages exceed such .unpaid baiar.ce. Subccnesc:zr in --- its sureties, shall be liable for and shall pay the difference to Contractor. Failure of ConLnctor :o exercise any of the right -3 given it under this A^de shall not exc_se Subcontractor for noncompliance with the provision of his Agreement nor prejudice any righ:3 of Coctractor or Owner to recover damages for 3uc- de:3u:: nor be lee _ed : waiver of any rights of Contractor or Owner. 20.2 Should conditions arise which, in the opinion of Contractor, make it advisable to cease work under :his Agreement, Contac or may terminate th:3 Agreement by wr.-en notice to Subcontractor. Such termination shall be effective in the manner specified in said notice and Shall be without prejudice to any claims which Cont scar or Owner =a:. have against Subcontractor. 20.2.1 On receipt of such notice. Subcontractor shall, unless the notice directs otherwise. immediately discontinue the work and placing of orders for =3tersi3. facilities and supplies in connection with the performance of this Agreement, and 3hail, if requested. =sae every reasonable effort to procure cancellation of all exist^.; order3 or coatracts, upon terms satisfactory to Cont$ctor, and shall hereafter do only such work as nosy be recessary to preserve and protect work already in progress and to proczc: material, plant and equipment an the work or in await thereto. 20.2.2 Upon such termination it is agreed: (i) Thac the obligations of this Agreement shall continue as to work already performed and as to bona ride obligation incurred by Subcontractor prior to :he date of cancellation or termination. (ii) That the Subcontractor shall be entitled only to pro rata compeasation !or the porrcn of :he Agreement already performed and 3hsil also be compensated for material ordered by it under the firm contracts which cannot be cancelled, and in such event the material Shall become he property of the Contractor. ARTICLE 2. Unemployment Insurance. Taxes, and Welfare Funds 21.1 Subcontractor shall accept full and exclusive liability for the payment of any and all taxes and any and all contributions for unemployment insurance, old age retirement benefits and life pensions and annuities which may now or hereafter be imposed by the United Stares or any state, whether measured by the wages• salaries or renumeration paid ro persons employed by Subcontractor or otherwise, for the work required to be performed hereunder. Subcontractor shall comply with all federal and state laws on such subjects and all rules and regulations promulgated thereunder. and shall maintain suitable forme. books and records and save Contactor and Owner harmless from the payment of any and all =as and contribution, or penalties. Subcontractor shall likewise pay any 2nd all taxes, excise assessments or other charges levied by any governmental 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 any 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 Subcontractor shell 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. Contractor 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 &mount so deducted directly over to the appropriate fund, of funds, and Subcontractor hereby expressly designates and authorizes Contractor to act as its agent for this purpose. All of the provisioca of this subparagraph 21.2 of this Article shall apply to Subcontractor, its contractors, or any of them performing work on the Project under any change of came or association or joint venture (including any person who may have been a principal financially associated with Subcontractor• its contractors, or any of them, who was delinquent in fringe benefit payments to any of the aforesaid funds). ARTICLE 22 Occupational. Safety and Health Waranry 22.1 All materials and equipment used by Subcontractor, all work methods and procedures of Subcontractor. and the area in which Subcontractor is performing work shall conform to and shall at all times be maintained so as to conform to the standards and regulations promulgated by the United States Department of Labor under the Occupational Safety and Health .act of L970 (29 U.J.C. Section 651. et seq) ("OSHA") and all irate statutes +vhich pertain ca occupational safety. In the event said materials. equipment, procedures, work area or any other services performed by Subcontractor does not conform to he OSHA or state standards, Subcontr3c:or shall correct the defective material, equipment. or condition. In a failure thereof. Contractor shall be entitled to correct the defective material, equipment or condition at Subcontractor's expense. 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 omission of Subcontractor from the compensation herein and if in excess thereof such excess shall be a debt immediately due and payable by Subcontractor to Contactor. ARTICLE 23 Waranry of Tide 23.1 No materials. supplies or equipment for use under this Agreement shall be purchased subject :o a chattel mortgage or under it conditional sales contact or other agreement by which an interest therein or any par, thereof is retained by the seller or supplier. Subcontractor ,&.:ants c!eaf, good and marketable title to all materials. supplies and equipment installed and incorporated in the work. INITIAL: ARTICLE 24 Guarantee 24.1 In addition to (and mot in lieu of) the guarantees required and remedies of Contractor and Owner contained elsewhere in this Agreement or in the Subcontrn•: Docrmseats, Subcontractor guarantees Contractor and Owner against any loss or damage arising from any defect in material and workmanship furnished under this Agreemen: Upon notification of defects from Contractor or Owner, Subcontractor shall proceed within twenty-four (24) hours with due diligence at its own expense to replace any won and upon failure of Subcontractor to do so, Contractor or Owner may huaish or secure, at Subcontractor's expense, such materials or labor as are necessary to bring the work to the require d standard, all costs thus incurred thereupon becoming a debt immediately due and payable by Subcontractor. It is further agreed that final acceptance of work by Contractor 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 harmless from any and all claims. royalties, damages and costs resulting Gram i.. infringement or alleged infringement of any patents or for the misuse of any patented article by Subcontractor or its subcontractors, in the performance of the work. ARTICLE 26 Contractual Relationship 26.1 In performance of this Agreement. Subcontractor shall operate as an independent contractor and not as an agent or representative of Contractor or Owr.e: Subcontractor shall hold Contractor and Owner free and harmless from all liability, costs, attorneys' fees. and charges arising out of or in connection with any ac: representation of Subcontractor, its agents or employees. ARTICLE 27 Laws and Regulations 27.1 Subcontractor, its employees sad representatives shall at all times comply with all applicable laws, ordinances, statutes, rules and regulations. federal. state.:cu=::. and municipal. including those relating to wages, hours and working conditions. Subcontractor shall procure and pay for all permits and inspections required by a:.; governmental authority for any part of the work and shall furnish any bonds, security or deposits required to permit performance of he work. ARTICLE 2S Use of Contractor's Equipment 28.1 The use of any of the Contractors equipment, rigging, blocking, hoist or scaffolding by Subcontractor. given. loaned, or rented :o Subcontractor by Contr3c:or, s} -a;! '_� upon the distinct understanding that Subcontractor uses the equipment, rigging, blocking, hoist or scaffoiding at its own risk snd cies the same "AS IS" and SubconL-sc assumes all responsibility for and agrees to protect, defend. indemnify and hold Contactor and Owner har=lese from any claims or danages whatsoever, resul�--g fmm :.`.e :se thereof, whether such claims or damages result to Subcontractor or its employees or prope.:y or to other persons or he employees or properties of other persons. Uaie_: otherwise provided for in writing, no rigging, blocking, hoist or other equipment 3Call be prop.ded for, loaned or rented :o Subcontractor or Contractor. ARTICLE 29 Not•'ces 29.1 Any notices or statement required or desired to be given under this Agreement ihall be penoeaily served or sent by United States Mail. to he sddr e3s, un l nmtice of s different address be given. as set forth on the fust page of this Agreement Notices not personally served shall be deemed given upon deposit in the United States Mail proper:: addressed with postage prepaid. ARTICLE 30 Arbitrstion 30.1 Any controversy between the parties hereto involving the construction or application of env of he ceras. covenants. or condi:ions of this Ag:eeme.^.:. shsil be on .e written request of one party served on the other be submitted to arbitration, and such 3rbic.3tion ihail comply •+vich and be governed by :he provisions of the Caiifocis ArbItr9Co Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. ARTICLE 31 Non -.Assignment 31.1 Subcontractor shall neither sesign3noi subcontract the whole or any portion of this Agreement, without fust obtaining in each and every instance pertnission in wrcLng from Contractor, and then only subject to".. and upon the same terms, conditions and provieioas 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 benuland void and shall, at the option of Coatmcwt, be grounds for termination of this Agreement and Contractor shall have the l right to elect and proceed in accordance with the provisions of Article 20 of this Agreement. Any such permitted assignment or subcontracts shall contain all the provisions of 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 this Agreement Any assignment of this Agreement shall be submitted to Contractor for its prior written approval and shall not be binding upon Contractor until so approved. No assignment shall relieve Subcontractor from its duties, obligations and liabilities hereunder unless specifically relieved in writing by Contractor. This prohibition against assignment shall not apply to monies becoming due to Subcontractor under the terms and conditions of this Agreement: provided, however, that any assignment of monies becoming due shall be subject to the right of offset as hereinabove provided in Article 17 of :his Agreement, and all of the other terms and conditions of this .A;:ee=eot. Any assignment by operation of law, for the benefit of creditors, or under any provision of the federal bankruptcy statutes or any applicable state statutes shall specically be a breach of this Agreement and the assignee, receiver or trustee shall take subject to all the terms and conditions of this Agreement and such assignees, receiver or trustee sball have no right, title or interest in this Agreement or any of Subcontractor's rights thereunder. ARTICLE 32 Temporary Electric Power and Water 32.1 Contractor will provide temporary outlets for electrical power and water at such locadons as it may select for the use of all subcontractors and will pay for the cost of electric power and water which Subcontractor requires for the performance of its work. Any ex:ension of these outlets which Subcontractor may require shall be installed and removed by Subcontractor at its own expense, but only with Contractor's prior approval. ARTICLE 33 Drawings and Specicstions 33.1 Cont:sctor will furnish to Subcontractor a set of the plane, drawings and specifications.:ogether with amendments. and changes thereto. Any additional sets requested by Subcootrsc or will be furnished at Subcontractor's expense. All plane, drawings and spec:Gcs6ons furnished. whether paid for or not, are the property of Coats or and are .� to be retued d Contractor at the completion of Subcontrectar's rvork. INITIAL: ARTICLE 34 Attorney's Fees and Costs 34.1 Should any litigation arbitration be commenced between the patties hereto conouning 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 joined as a pert, whether the same proceeds to judgmeat or not, Subcontractor shall pay Contractor and Owner for the reasonable attorneys' foes and costs incurred by Contractor and Owner in such action. This provision shall also apply to any suit on any bond furnished hereunder. ARTICLE 33 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 term and provision of this AgreemeoL 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 force 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 o& as the case may be, the heirs, executor, administrators, successors, and assigns of the parties hereto. EXMBIT "A" TO SUBCONTRACT Sub- Account Code: 0105 Trade: Paving Project Name: Reunion Tract #: 23995, Lot Numbers: 23995-1M (lots 3235), OPEN LOTS (lots 36-40N 23995-1(Lots 1-31),23995-2 (Lots 1-34) A WORK TO BE PERFORMED AS FOLLOWS: (Section 2, subparagraph 2.4) SEE EXHUBTT "A" & "B", Attached hereto and made a permanent and intergral part of this contract agreement dated September 15, 1994. B. CONTRACT PRICE AND PAYMENT SCHEDULE: (Section 2, subparagraph 2.5) SEE EXHUBTT "C", Attached hereto and made a permanent and integral part of this subcontract agreement ONE io atteelied her - C. SUPERINTENDENT (Article 9) Name: Steve Moffatt and by refet-ene- ted. lLiare;-6- Phone 9: (909) 482 -9040 -pager Dated: Contract Prepared by: jip Granite Cons ction Company Roxi me Allbritton, Vice President/Treasurer . Subcontractor Dated: October 3, 1994 SUBCONTRACTORS PROCEDURES Detailed below is some of the more important information and procedures that all subcontractors involved with La Quints 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 Quints is (909) 482 -9040 -pager (construction trailer) 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 superintendent'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:. $1,000,000 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 rRA1TON IlZML: DATED: Granite Constru n Company INITIAL: DATED: U L• `� Subcontractor Procedures Cont' with all required documentation; if you have any questions, please call the Purchasing Agent beforehand. Re-garding 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 909/'981-8989 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 C RATION ENITIAL: Granite Constru on Company INITIAL: DATED: (Z�Z $� �� DATED: OCT 3 1994 I I VRA n r _2• C -04U S'f #-I f^ A►sN W�✓i �G7 �i i:-1 Z C 5 14, 1 q q `4- J w 1-t i,4 L�-I 7 AG r4 H 1Z�J't 5 +fi" c.OA p n e,A 'Y LJ Q V o �- A ti ti C,B�AI � c ,r �$ � X26 VI 51 alot-s i t,"6. 4+y U3� i #_3 S A 1 D of 0 Cv 4" ov,�'S S 4A4C, % D ✓gQU . EDIT "A" PERFORMANCE REQUIREMENTS & SPECIFICATIONS TRADE GRANITE CONSTRUCTION PROJECT: TRACT 23995 PHASES I & M REUNION -LA QVINTA 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 againstBC SUBCONTRACTOR'S contract. INCO HOMES C RATION GRANITE CON CTION Company INITIAL: WMAL: DATED: �Z�Z�'�t'� DATED: OCT 3 1994 EXHIM "A" 12. With respect to EXTRAS, the following is clearly understood: 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 RATION GRANITE CON UCTION COMPANY INITIAL: INITIAL: DATED: L DATED: 0 C i 3 1994 EXE BTT "A" 24. All material will be free from defects occurring in manufacturing and/or delivery process. SUBCONTRACTOR shall replace meirhandise 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. v 31. SUBCONTRACTOR agrees to a Aewn day a week work schedule, at no extra charge, during the construction of the models. 32. SUBCONTRACTOR is to receive grade at =/- 0.1' prior to dropping class H base. 3. Includes, but not limited to, mobilization, export of excess dirt to stockpile, preparing subgrade, feathering, (excluding dirt removal with equipment from streets when cleaning for second lift), feg- �se�eeeess�y*. All work to be done according to Tract 23995StreetImprovements Plans. t�tls �Q11 ii LI Ivl?lucl 'Ile C/ Ac, t'S �C(G1Vt� GG�A��ci/1c c�irtT tv 1;1 Jy ^c'r 5 - T nu, , il�y 36. Contract is for TOTAL LUMP SUM. There will be no extras or adjustments to contract unless a change in plans is initiated by the City of La Quinta.. 37. Engineering, tests, permits, inspection fees to be paid by others. 38. Water is furnished to tract within 400' of site by CONTRACTOR. 39. Includes fine grade and compaction of 0.1' of subgrade. INCO HO CO RATION GRANITE- C07ON C014PANY INMAL: INMAL: DATED:�U��Z � q�� DATED: t" i } EXHIBIT "A" 40. This contract is Based on three move -ins as follows: MOVE -IN #1 Model area - Sunbrook Lane, Crookbrook Lane and Miles Ave. MOVE -IN #2 Phase 1 - Sunbrook Lane, Springbrook Court, Ramblewood Court, Temporary Access Road, and Phase 1 section of Adams Street. MOVE -IN #3 Phase 2 - Interior Streets and Phase 2 of Adams Street, removing temporary acces road. Please refer to highlighted map per Exhibit `B" 41. " ALTERNATE" If work is completed in two move -ins they are as follows: MOVE -IN #1 Model Area- Sunbrook Lane, Crookbrook Lane and Miles Ave. MOVE -IN #2 Phase 1 and Phase 2 interior streest and Adams Street Please refer to highlighted map per Exhibit "E-1" 42. Contract includes Traffic Control. 43. Contract includes the removal and replacement of asphalt on Miles Avenue between Station 32+50 and 35+00 as specified in Street Improvement Plans as shown on sheet #3 of 8. INCO HOMES CO O TION INITIAL: DATED: -Z-7 R--q� GRANIT INTITIAI DATED: L' XHKBIT KB" TERMS OF PAYMENT 1. 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. FQyy;, fh 9. Subcontractor shall respond to a 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 7RATION INITIAL DATED Granite Constru on Company ITI INAL DATED 1994 EXHIBIT "C" CONTRACT PRICE AND PAYMENT SCHEDULE CONTRACT DATE: SEPTEMBER 15, 1994 CODE: 0105 TRADE: PAVING PROJECT NAME: REUNION - LA QUINTA TRACT #: 23995, LOTS: 23995-1M(LOTS 32-35) Open Lots 3640, 23995-1 Lots 1-31, 23995-2 Lots 1-34 Contract price is based on three move -ins as follows: MOVE -IN #1 23,140 s.f. of YWCA" A.B. @ .80 $18,512.00 32940 s.f. of 4.5"A.0/8" AB(Miles) @ 1'21 $39,857.40 2200 s.f. of 4.5" AC/6" AB (Adams) @ 1.10 $ 2,420.00 5250 s.f. R & R asphalt _(Miles)_@ @ 2.513,.1.25..0.0 0 $. 1700 s.f. Sawcutting @ .50 $ 850.00 Traffic Control @ 1,540 $ 1,540.00 MOVE -IN #2 63,970 s.f. of 3"A.C./4" A.B @ .80 $51,176.00 (includes Temporary Access Road) @ 1.09 $60,429.60 C21,500_s.f .of4.5" A. -C/6" A.B f@ $156,252.60 1.10 $23,65Q.Q0 MOVE -IN #3 71000 s f of 3" A _C/_4—" ABS!@_0-.80--$56;800...0.0 33, 940s.f. of 4.5 A.C/6" AB(Adams) @ 1.10$37 f0.35 334.00 12120 s.f Removal of Temp. Access Rd @ $ 4,240.00 MOVE- IN #1 $76,304.40 MOVE -IN #2 $74,826.00 MOVE -IN #3 $98,374.00 TOTAL LUMP SUM: $249,504.40 Payment Schedule: 10.0% retention to be paid 35 days after each move in upon acceptance by Superintendent. "ALTERNATE" - If work is completed in two move -ins contract price is as follows (this excludes the temp.access road): Move -Ins must be verified by the Superintendent. MOVE -IN #1 23,140 s.f. of 3" A.C./4" AB(Ph. l Models) @ 0.78 $18,049.20 32,940 s.f of 4.5" A.C./8" AB(Miles) @ 1.15 $37,881.00 2,200 s.f. of 4.5"A.0/6" AB(Adams) @ 1.09 $ 2,398.00 5,250 s.f of A.C. R & R on Miles @ 2.50 $13,125.00 1700 s.f. Sawcutting @ 0.50 $ 850.00 Traffic Control @ 1,540 $ 1,540.00 MOVE -IN #2 122,850 s.f. of 3" A.C./4" A.B(Ph. 1&2) @ 0.78 $95,823.00 55,440 s.f. of 4.5" A.0/6" A.B(Adams) @ 1.09 $60,429.60 MOVE -IN #1 $ 73,843.20 MOVE -IN #2 $156,252.60 TOTAL LUMP SUM: $230,095.80 Payment Schedule: 10 % retention to be paid 35 days after each move -in upon acceptance by the Superintendent. All invoices must be submitted in proper form as specified in Exhibi "B". INCO HOMES C RP TION GRANITE CONST CTION INITIAL r INITIAL DATED: DATED: -M ADDENDUM The undersigned do hereby agree to incorporate all the terms of the contract dated September 15, 1994, between INCO HOMES CORPORATION and Granite Construction, 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 L4�46,00 D. .. 7zn L-01--60wU vom".�- AGREED AND ACCEPTED BY Granite Cons ctlon Company BY: DATE: 0 C T 31994 REUNION AT LA QUI NTA TRACT 23995 - 300 LOTS ,XHIBIT "E" MILES A VENUE X K oVE-tN VCG It LlJ1J �7U, ,7V, JO, J7, YV 2- 23995-1 = 1-31 23995-2 = 1-34 23995-3 _ 1-31 23995-4 = 1-31 23995-5 _ 1-31 ,XHIBIT "E" MILES A VENUE X K oVE-tN 2- RoA-D REUNION A T LA Q UI N TA TRACT 23995 - 300 LOTS EXHIBIT "E -1 " ALTERNATE MILES A VEN E PADS GRADED LOTS WITH OFFSITES COUPLE= LOTS REE EASED UNDER CONS77UCTION MODELS HOUSES F7NISHED -NOT CLOSED LOTS CLOSED A.TTACkMEMT B BID PROPOSAL FOR `- INCO HOMES AGGREGATE BASE & PAVING TRACT 23995 PHASE 1 & PHASE 2 S.W. CORNM OF ADAMS &.MILES ; LA_QUjLl A SEPTEMBER 14, 1994 sPgrlAL-&l—Qw TIONS 1. OUR_BTD-WTej)DF2 ENGINEERING, INSPECTIONS, SURVEYING, PERMIT FEES - SOIL TESTING - CONSTRUCTION WATER COSTS - UTILITY INSTALLATION, RELOCATION, REMOVAL, ADJ11STMENTS OR ALTERATIONS - IMPORT OR EXPORT OF EARTH MATERIALS - ADJUSTMENT OF MANHOLES & VALVES - BARRICADES - I'OG Quo,. SEAL COAT - SIGNS - STRIPING _ - PAINT (V� BIrTDE;R - PATCH PAVING - BARRICADES - :Aar o-EE(31k9..� 4:PdF Wyxf=�-Bk,--RAGGID-7UPO7OF A- l!UAZ wnn u AFP VORXrm AT L-44x'r- PRIGr. IN SI B- P�0,1 Pl1CLQ I Uh � r � 1 ,o"t 3. THE PRICES QUOTED HERELN ARE BASED ON t4WAPPROVED PLANS AND MAY BL #-c) REVISED UPON RECEIPT OFvAPPROVED PLANS. P)Iea 4. INCREASES IN MATERIAIJ AND LABOR COSTS (EXCEPT ASPHALTIC CONCRP-,TP,) BEYOND DECEMBER -3-1-t-19-9-1 SHALL BE PASSED ON TO OWNER. . G AND GNE P40VE:--FGR ABS{- ST. AND GN -SITE; —PAVING. AP ITIG�Yz�Aa--iSOVF-� Rf3QUlRJ YE)bFR SGHSG;9:1!NG-GF--iPd9RK GTIAL BE; GHi7RGEI7T#iE NA!I-o OF f 15... �.._ _ 6. FINANCIAL ARRANGEMENTS AND PAYMENT' SCHEDULE FOR WORK PERFORMED UNDER `i'HIS CONTRACT MUST BE APPROVED BY GRANITE CONSTRUCTION CO. PRIOR TO THE START OF WORK. WHENEVER LENDER IS INVOLVED, ARRANGEMENTS MUST BE DE WITH THE LENDER TO MAKE PAYMENTS DIRECTLY TO GRANITE CONSTRUCTION CO. OR ON A JOINT CHECK BASIS AS APPROVED BY GRANITE CONSTRUCTION CO. J J _ J. _.__..� _.._—._ . 8. SUBGRADE TO BE GRADED TO PLUS OR MINUS ONE TENTH OF A FOOT BY O'CHF.RS PRIOR TO START OF GRANITE WORK:.