2570Owl
'.•=�Wlth.pr'oper"validation 'r
,sYthis'form constitutes'an �= -Y }� a - CITY OF
LA, QUINTA
encroachment,permif - N
i F,. , 0; APPLICATION FOR PERMIT
EB
PUBLIC•WORKS CONSTRUCTION (ENCROACHMENT)
t 'For the, construction —of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains '
and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS
w Jf. ,
Subdivision Improvement Permit — C ass III
DATE:C"Si01!+ 1Q Minor Improvement Permit C ass IV
LOCATION OF CONSTRUCTION T=ct 28470, Tkadition Calf Couraa Proiact
qq (Street address or Description of Location)
PURPOSE OF CONSTRUCTION ftih'°I'',ltl"M Sketch (attach construction plans if appropriate)
wt DESCRIPTION OF CONSTRUCTION �3CD 01 6 $E$ AMC= 0=31 1'
LNM: LIRE V0= �� Puba T
DIMENSION OF INSTALLATION OR REMOVAL 0 I *WO, -000 c.Q. CITY APPROVAL OV •>+A_M. '� I+°1ML
t3A1', Ann V�' i ' * in'Al It,
'moi SOLE RIM 07,
SIZE OF EXCAVATION, IF -NEEDED BCtO tyIQII1� ,,
'APPROXIMATE TIME WHEN WORK WIL' L BEGIN 12/31/96 W= cmbita.34, `=2fl4T0-10" f
Dy
APPROXIMATE TIME'OF COMPLETION 6/1/37
ESTIMATEDCONSTRUCTION.COST $ 1400.204.50 �; h
(In cluding,removal of all obstruction, materials; and debris, backfilling, com , : r
'-paction and .plating permanent -resurfacing and/or replacing improvements) ' '
. x`In ,consideration •of the granting` of this permit, the applicant hereby agrees to: r " ` jr, f.,
.A ,
< lIndemnify, 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 ermit 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.
�w X�, � .' ", ,-y•„ fix;
Signatureof Applicant or Agent
t ,
Tradition Club At nociate rt >p.E3, P" 1.120„ Ln Ottir%tA.. CA 02951 16-11611,�'91,&J;7tj
Name of Applicant (please print) Business Address Telephone No. -
r
Cenmtry C..Xttlt ny. - } ¢
Name of Contractor and Job Foreman Business Address Telephone No.
157
Contractor's LicenseiNo. City Business License No.
T 'R �ir;ne it itxtinnl Tn�krt r►�ra S32672b07
Applicant's Insurance Company Policy Number
PAID
FEES: Subdivision Improvement Permit —Class III
Public improvements: 3% of estimated construction costs DEC 3.1' 1996
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:
43,124.
$ 43,124.
Receipt No.
Received by Date
,t
PERMIT NO
ITY OF LN QUINTA
PERMIT VALIDATION
2370
DATE APPROVED 12/.31/96
EXPIRATION DATE 6/1/97
DATE ISSUED 12/31/96
By k�%�'.,r��.,�1 AiC
Administrative Authority
Recorded by . 11 Telephone: (619) 777-7075
7 �
� ♦ T
The following General and Special Provisions are attached to and made a part of Permit No. ;2S -7
GENERAL PROVISIONS
The following shall always apply:
ENROACffi1IENT ON PRIVATE PROPERTY: This permit authorizes work to be accomplished within City of La Quinta right of
way ONLY. Whenever construction extends within private property, it is the responsibility of the permittee for his contractors to
secure permission from abutting property owners. Such authorization must be secured by the permittee prior to starting work.
TRACKLAYING CONSTRUCTION EQUIPMENT: Cleated tracklaying construction equipment shall not be permitted to operate on
any paved surface unless fitted with smooth -faced street pads. All mechanical outriggers shall be fitted with rubber street shoes to
protect the paving during excavations. Rubber -tired equipment only, shall be used in backfill operations in paved areas. If the existing
pavement is scarred, spalled, or broken during the term of this contract, or if the pavement is marred, City of La Quinta shall request
that these portions of road be resurfaced over their entire width. Resurfacing'shall consist of one coat of two inches (2' of A.C.
ming plus appropriate seal cost as specified above.
PROTECTION OF TRAFFIC: All excavations and work areas shall be properly lighted and barricaded as deemed necessary by the
City Engineer or La Quinm City Public Works, inspectors. Suitable detours and detour signs shall be placed and maintained for the
duration of the project. The City shall be notified 24 hours in advance of any traffic detours or delineations.
CARE OF DRAINAGE STRUCIURFS: Any drainage structure including corrugated metal pipe, concrete pipe, steel culvert and
concrete structures encountered during excavation which necessitate removal shall be replaced in kind. In the event it becomes
necessary to remove or cut existing drainage structures, City of La Quints shall be notified prior to commencement of this work.
Drainage structures and open drains shall be kept free of debris at all times for proper drainage.
RIGHT OF WAY CLEANUP: Any surplus material resulting from excavation and backfill operations shall be removed from the right
Of way. All paved surfaces shall be broomed clean of earth and other objectionable materials immediately after bacldII and compaction.
Existing gutter line and drainage ditches shall be replaced to their original standard or better. All excess material shall be removed
prior to paving. Water tanker shall be used, as required, to sprinkle the job site to keep down dust conditions and shall be used
immediately after backfill.
DE -WATER OPERATIONS: If dewatering operations are required and pumps are forcing water on City of La Quinta roads, it shall
be the responsibility of the permittee (contractor) to control this water and to provide off-street barricades when necessary.
CLOSING STREETS: No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limited
access for the adjoining property owners and emergency vehicles. In the event it is felt by the permittee that he must close a street for
any length of time, permittee shall contact this office to obtain the necessary permission.
SPECIAL PROVISIONS
The following shall apply when indicated:
RI NOTIFICATION: Permittee shall notify the City at (619)777-7075 at least 48 hours in advance of starting construction.
R2 UTRM CLEARANCE. (Substructures) Prior to making any excavation within the City of La Quinta right of way
authorized by permit, the permittee shall contact all concerned utility companies relative to the location of existing
substructures. Damage to existing substructures resulting from operations conducted under this permit shall be the sole
responsibility of the permittee.
R3 ITI7IJTY CEEARANCE: (Surface Structures) No work shall be done under this permit until all utilities aro clear of the
proposed work site. The permittee shall notify all concerned utility companies of the proposed work.
R4 PAVEMENT WIDENING: Area between the proposed concrete gutter line and the existing road pavement shall be surfaced
with inches of A.C. paving placed on inches of class aggregate subbase course having an 'R'
value of not less than and in conformance with City of La Quinta Road Improvement Standards and
Specifications, Ordinance #461.
RS . PARKWAY GRADING: Area between the property line and top of the proposed concrete curb shall be graded to a slope of
1/4 inch to one foot (1').
R6 GRADE CHECKING: City of La Quinta shall check grades upon receipt of plan and profile,and/or grades as established by
A licensed engineer.
R7 CURB REMOVAL FOR DRIVEWAYS: A portion of the existing concrete curb and/or curb and gutter (_feet) shall be
removed. Curb and/or curb ind gutter shall be saw cut prior to removal. Depressed curb, matching concrete gutter and
concrete driveway approach shall be constructed in conformance with City of La Quinta Standard #207.
R8 DRIVEWAYS: A.C. driveways shall be constructed as not to alter existing drainage pattern. Surfacing between the properry
line and the existing road paving shall be 21,1t2 inches of A.C. paving placed on (_� of class aggregate base.
Driveway construction shall conform to auached'drawing.
R9 SIGHT CLEARANCE: Sight clearance of 600 feet in all directions shall be assured and maintained at all times.
RIO SOIL STERILIZER. The area to be surfaced shall be treated with soil sterilizer. Rate of application shall commply with the
manufacturer's specifications.
R11 COORDINATE WORK. The proposed work shall be subordinated to any operation which the State of California or City of
La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La
Quints, forces to preclude delay or interference with State of City. of La Quinta projects.
R12 SURVEY MONUMENTS: Prior to excavation or beginning of construction, all survey monuments which exist on the
centerline of all streets or property lines when involved shall be completely tied out so they may readily and correctly be
replaced by a licensed civil engineer or surveyor at the expense of the permittee. A complete set of notes showing the ties to
these monuments shall be furnished to the City Engineer prior to the removal of any monuments. This office shall be notified
upon completion or replacement of all survey monuments for proper project clearance.
R13 PAVEbUNT CUTTING: Pavement will be mechanically saw cut to a straight to a straight edge prior to excavation. Method
of pavement cutting shall be approved through the office of the City Engineer. (Under no circumstances shall excavating
equipment be used to excavate prior to cutting of pavement.) Excavation material shall be placed in such a position as to best
facilitate the general flow traffic. Prior to final paving operations, any damage to pavement straight edges shall be corrected.
R14 LIMIT OF EXCAVATIONS: Excavations shall be limited to 1000 linear feet of open trench before backfill operations must
begin. All excavations shall be properly barricaded with lights overnight, on weekends and holidays for the protection of the
traveling public. The Public Works Inspector shall determine the suitability of excavation barricading in -each case. No
excavation shall remain open for a period exceeding five (5) days. No excavation shall be made unless the construction
material is actually on the work site.
RIS BACKFILL MATERIAL• Backfill shall be free of brush, roots or other organic substance detrimental to its use for purposes
of producing an adequately consolidated backfill. Any material which the City of La Quinta deems unsuitable (spongy or
saturated material) which is encountered during excavation shall not be used for backfill, but shall be supplemented or replaced
by an approved sand or gravel.
R16 BACKFILL SAND: Backfill shall be approved.transit-mix sand or equivalent and shall he placed in lifts of not greater than
three feet (3) and vibrated using vibrotamper or equivalent equipment. Alternate metho,is may be substituted, but in any case,
a relative compaction of 95 percent ahall be attained with the structural section of the way.
R17 BACKFILL PLACEN ENT: Backfill shall be applied in layers of not more than 50 percent of the total depth of the :. a.n
before flooding or a maximum of five-foot (5� lifts where trenches are of excessive depths. Care is to be exercised that the
backfill material is not subjected to extreme swell by flooding operations. Backfill material shall be placed so that the resulting
compaction shall be not less than 90 percent or equivalent to the surrounding ground, whichever is the greater compaction.
Where ponding or flooding is used for a maximum settlement, adequate dikes will be constructed to retain the wMer. Where
jetting is used, the jets shall be of sufficient length to reach the bottom of each layer and the water supply shall be continuous.
RIB COMPACTION TESTS: If so required by the inspector, compaction tests shall be made at intervals of not more than 1000
feet and a minimum of one (1) test on each road. One (1) copy of each test shall be forwarded to the City Engineer for
approval and filed prior to making permanent repairs. Compaction teas shall be made as outlined in Section 6.3.01 of the
Standard Specifications, Division of Highways, State of California, dazed January 1973.
R19 COMPACTION TESTS: If so required by the inspector, compaction tests shall be made for each crossing or service line.
One (1) copy of each test shall be forwarded to the City Engineer for approval and filed prior to making permanent repairs.
Compaction tests shall be made as outlined in Section 6.3.01 of the Standard Specifications, Division of Highways, State of
California, dated January 1973.
R20 TEMPORARY PAVE14[ENT REPAIRS: After completion of backfill and compaction operations, a temporary patch
consisting of 2 inches of SC -800 shall be placed on a prepared subgrade. The SC -800 temporary paving shall be placed4fter a
maximum of 3000 linear feet of trench has been excavated and backfill operations completed, but in no case shall the
placement of the temporary pavement exceed a five (5) day limit.
R21 PERMANENT PAVEI EEW REPAIR: After backfill and compaction have been completed, a temporary patch consisting of
two inches (2) of SC -800 shall be placed immediately. A permanent patch of inches A.C. surfacing placed ori a
inch class base shall be placed no later than days after completion of temporary road repair.
R22 FOG SEAL- A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch aroma as
determined by the City Engineer.
R23 STREET RESI'RMG: Where stmt striping is still visible on stints to be excavated, such striping shall be replaced upon
completion of permanent repairs.
R24 TREE RELOCATION OR REMOVAL: Tree relocation within the City of La Quinta road right of way shall be
accomplished by a licensed, bonded and insured tree service, and handled safely without interference or hazard to the traveling
public. It sball be the responsibility of the permittee to maintain the tin in a vigorous growing condition at its new location.
Tins to be removed shall be in sections which can be handled safely without interference or hazard to highway traffic. The
entire width of the tin stump shall be removed fed disposed of so that no debris remains in view of the highway. The stump
hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where is becomea'hecessary to
restrict traffic, the work shall be restricted to a maximum of 500 feet at any one time. Adequate signs, flagmen and or
barricades shall be provided to protect the traveling public at all times.
Large holes resulting from tree removal shall be backfilled and compacted to not less than 90 percent or equivalent to the
surrounding ground, whichever is the greater compaction as determined by the impact or field method. Compaction tests shall
comply with Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973.
.SPECIAL CONDITIONS --PERMIT NO. 2570
--- Tradition Club Associates, LLC; Nuevo Engineering ---
In addition to the standard permit conditions, the following shall apply:
1. All work shall be performed in accordance with the latest edition of the Standard
Specifications For Public Works Construction.
2. Permittee shall be responsible for providing continuous dust and erosion control as
conditioned by Fugitive Dust Control Plan 96-11.
3. Streets shall be kept clean. They shall be completely cleaned at the end of each
working day and more frequently if required.
4. Contractor shall comply with the local noise ordinance. Operation and maintenance
of equipment within one half mile of human occupancy shall be performed only during
the following time periods:
October.1-st to April 30: Monday -Friday 7:00 a.m. to 5:30p.m.
Saturday. 8:00 a.m. to 5:00p.m.
May 1 st to September 30: Monday -Friday 6:00 a.m..to 7:00p.m.
Saturday 8:00 a.m. to 5:000..m.
Work shall be prohibited on legal holidays including Sundays.
5.. Permittee/contractor shall assume responsibility for repair of any pavement damage to
any public or private street and for any damage to other City streets or facilities as a
result of -work performed under this permit.
6. Advance warning signs and traffic control shall be installed and maintained in
accordance with Cal Trans Standards or the Work Area Traffic Control Handbook
(WATCH Manual). It shall be the permittee's responsibility to detour and barricade this
site. Traffic control plans shall be submitted by permittee for work occurring within
any signalized intersection or for work requiring lane closures. Traffic control shall be
inspected prior to commencing any work.
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.
Special Conditions - Permit No. 2570 Page 1 of 3
SPECIAL CONDITIONS ---PERMIT NO. 2570
(continued)
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's inspector and others working within the
area as directed by and to the satisfaction of the City Engineer.
11. Backfill compaction within improved street rights-of-way shall conform with Section
306-1.3 of the Standard Specifications For Public Works Construction (SSPWC). All
backfill soil shall be crushed aggregate base or crushed miscellaneous base, meeting
the requirements of Sections 200-2.2 and 200-2.4 of the SSPWC. Native soil shall
not be used as a backfill material. Compaction tests (one per 300 linear feet of trench)
shall be provided for areas of excavation large enough to accommodate compaction
equipment. For areas of excavation smaller than that which would accommodate
compaction equipment, controlled density fill (CDF) or any equivalent sand -slurry
mixture shall be used. As an alternative, CDF or its equivalent may be used for all
areas of excavation, eliminating the need for compaction testing.
12. All excavations at or near the travel way shall be backfilled and paved at the end of
every workday as directed by and to the satisfaction of the City Engineer for the
protection of the traveling public.
13. All landscaping, irrigation, decorative rock, decorative concrete, lighting etc. shall be
replaced to its original condition.
14. Access and egress to all local properties shall be maintained at all times.
15. Permanent pavement replacement section shall be one inch greater than existing.
16. The City has designated by ordinance certain city streets as Truck Routes. The weight
limit for restricted streets (i.e. streets not part of Truck Route network) is three (3)
tons; trucks exceeding the weight limit may use a restricted street if making a delivery
or pickup on the subject street, or if this permit specifically grants permission to use
the street to deliver street construction materials and equipment.
17. Work performed under this permit is limited to grading of the Tradition Golf Course
project ONLY. Authorized work shall be in accordance with the approved plans titled,
"Tradition Rough Grading Plans, Tract 28470-1', by Keith International, Inc., dated
12/31/96. No work is authorized within those areas delineated on said plans as "Not
a Part" or in any Hillside Conservation District area.
Special Conditions - Permit No. 2570 Page 2 of 3
SPECIAL CONDITIONS ---PERMIT NO. 2570
(continued)
18. All work associated with* Tentative Tract 28470 prior to its approval by the City
Council is at the sole risk of the permittee. No mass grading and/or earthwork of any
kind is authorized with this permit or prior to approval of the Rough Grading Plans.
1
19. All tagged Eucalyptus trees shall be avoided by grading operations within the "drip
line" of the selected trees. This area shall be clearly marked with bright fluorescent
tape wrapped around the tree trunks and the.drip Fine area delineated by stakes and
fluorescent tape fence -line.
20. No grading or operation of equipment shall be permitted within a.twenty-foot radius
of the existing palm trees selected for preservation/relocation as approved. by the City.
The' radius of the,pakn trees shall be delineated by a stake and fluorescent tape fence -
line.
21. No grading or operation of equipment shall be permitted within archaeological site CA-
RIV-1 179.
22. No clearing, grubbing, blasting, rock crushing, grading, or operation of equipment shall
be permitted within those areas identified within the Rough Grading Plans marked as
"Not a Part". No hillside areas. shall be disturbed until approval and- authorization is
received from the City through approval of Conditional Use Permit #96-031.
23. A professional archaeologist shall monitor all clearing, grubbing, grading, and trenching
activities of the . project, both on-site and off-site. The monitor is authorized to
temporarily divert or stop equipment in order to investigate exposed cultural deposits.
No clearing, grubbing, grading, and/or trenching activity shall be allowed without the
presence of a professional archaeologist.
24. The City reserves the right to revoke this construction permit at any time for
reasonable cause.
Special Conditions - Permit No. 2570 Page 3 of 3
SPECIAL CONDITIONS --PERMIT NO. 2570
--- Tradition Club Associates, LLC; Nuevo Engineering ---
.AMENDMENT #1 -JANUARY 8, 1997
1 . Condition #17 of Permit #2570 which states:
Work performed under this permit is limited to grading of the Tradition Golf Course
project ONLY. Authorized work shall be in accordance with the approved plans titled,
"Tradition Rough Grading Plans, Tract 28470-1', by Keith International, Inc., dated
12/31/96. No work is authorized within those areas delineated on said plans as "Not
a Part" or in any Hillside Conservation District area.
Shall be rewritten to state:
Work performed under, this permit is limited to grading of the. Tradition Golf Course
project as well as the construction of the temporary access road ONLY. Authorized
work shall be in accordance with the approved. plans'titled, "Tradition Rough Grading
Plans, Tract 28470-1', by Keith International, Inc., dated 1/2/97, and the plans titled,
"Tradition Tract 28470=1, Temporary Access Road", by Keith International, Inc, dated
1/3/97. No work is authorized within those areas delineated on said plans as "Not a
Part" or in any Hillside Conservation District area.
Special Conditions - Permit No. 2570 - Amendment #1 Page 1 of 1
AGREEMENT
This AGREEMENT is made and entered into this
21 day of November, 1996
by and between
COMPANY NUEVO ENGINEERING, INC
ADDRESS 79-811 Country Club Drive
CITY Bermuda Dunes, CA 92201
ATTN Wayne Waters,
Secretary -Treasurer
PHONE (619)345-1778
herein called "Contractor"
COMPANY TRADITION CLUB
ASSOCIATES, LLC
ADDRESS P.O. Box 1120
CITY La Quinta, CA 92253
ATTN Larry Spicer
PHONE (619)564-3355
herein called "Owner"
Contractor and Owner hereby agree as follows:
1. THE CONTRACT DOCUMENTS: The Contract Documents consist of the Agreement, Conditions of the
Contract (General, Supplementary and other Conditions), attached hereto, if any, and the Schedules,
Drawings, Specifications, and all Modifications issued subsequent thereto, if any.
SCHEDULE "A" GENERAL INFORMATION
SCHEDULE "B" SCOPE OF WORK
SCHEDULE "C" PRICE & PAYMENT SCHEDULE
2. DRAWINGS AND PROJECT IDENTIFICATION:
The Owner is developing a residential golf community called,
"TRADITION" in the City of La Quinta located generally south of Avenue
52 and east of Avenida Bermuda.
DRAWING: Rough Grading and Improvement Plan, Tentative Tract 28470
DATED:
PREPARED BY: Keith International, Inc.
41-865 Boardwalk, Suite 101
Palm Desert, CA 92211
(619) 346-9844
CONSISTING OF SHEETS: 1 through 9
Stamped "For Construction Purposes"
CONTRACTOR ACKNOWLEDGES HAVING THOROUGHLY REVIEWED AND RECEIVED TRUE COPIES OF SAID
DRAWINGS AND SPECIFICATIONS.
3. INSURANCE REQUIREMENTS: The Contractor shall secure, prior to commencement of performance under
this Agreement, and shall maintain at all times during the period or periods of its obligations under this
Agreement, at its expense and in companies approved by Owner, the following insurance coverage, all of
which shall be non -cancelable or not subject to change in coverage except upon not less than (30) days
notice to Owner:
(a) Workmen's Compensation and Occupational Disease with statutory limits of liability.
(b) Commercial Liability, with minimum limits of
$5, 000, 000 combined bodily injury/ property damage.
(c) Automobile Liability with minimum limits of
$5,000, 00 0 combined single limit bodily injury/property damage
(d) The coverage limits required by Paragraphs (b) and (c) above may be achieved by the use of an
Umbrella Excess Liability policy.
4. GENERAL DESCRIPTION OF WORK: The Contractor shall perform all the Work required by the Contract
Documents for:
SCOPE OF WORK: SCHEDULE "B"
5. MATERIALS AND WORKMANSHIP: Unless other wise specifically provided for in the Drawings and Specifications,
all equipment, materials and articles incorporated in the work covered by the Contract Documents are to be new and
of the most suitable grade of their respective kinds for the purpose, and all workmanship shall be first class.
6. CHANGES AND CLARIFICATIONS: Without invalidating this Agreement, Owner, Architect or Engineer of Owner;
or their respective duly authorized representatives, may at any time, by written order to the Contractor, make changes
in the Drawings and Specifications. Owner may by reason of such changes, add to or reduce the Work to be
performed hereunder without invalidating this Agreement. Contractor shall furnish the Owner with an itemiz6d estimate
for any extra work which may be requested and shall receive written authorization before proceeding with any extra
items. Contractor shall, during the course of the Work, notify the Owner or Owner's representative, in writing, of any
problem of clarification which he believes needs immediate review and resolution which is not covered by the Contract
Documents.
Date
Page 1 of 5
Date ��Z�" Initi�f�
7. WARRANTIES. The Contractor shall at the request of, and in a manner acceptable to the Owner, correct any
defects in workmanship or materials in the Work which appear within a period of one (1) year from the date of final
acceptance by the Contractor. Except as otherwise expressly provided in the Contract Documents, the Contractor
warrants all mechanical, electrical and other equipment and materials to be free from defects of design, material and
workmanship for a period of one year from date of acceptance thereof: and the Contractor,, promptly after receipt of
notice shall correct and make good at its expense, all defects which appear during such period. The warranties
provided for in this paragraph shall not be restrictive but shall be cumulative and in addition to all other warranties
provided by law, or other remedies of the Owner with respect to latent defects in the Work. If the Contractor deems it
expedient to correct Work not properly performed by Contractor in accordance with the Contract Documents,
Contractor hereby consents to Owner correcting such Work and hereby agrees that an equitable deduction from the
Contract Price shall be made therefor.
8. INVESTIGATION OF REQUIRED WORK: Contractor is satisfied by its independent investigation and research
regarding all conditions affecting the Work to be done and materials to be furnished. and as to the meaning and
intention of the drawings and specifications and the other Contract Documents, and in executing this Agreement
Contractor is not relying on any extimate or other information prepared or furnished by Owner, or by the Architect or
Engineer of Owner.
9. COMPLIANCE WITH LAWS AND ORDINANCES: Contractor shall comply with and conform to all Federal, State,
County and City laws, ordinances and regulations with respect to the performance of his Work and the fulfillment of
his obligations under this Agreement, and shall pay promptly all fees, taxes, charges, damages and penalties that may
be assessed against Contractor or against the Owner on account of any such Law, ordinances or regulations relating
to Contractor's Work. Contractor shall obtain all necessary licenses required for its Work at Contractor's sole cost
and expense.
10. ASSIGNMENT OF CONTRACT: Contractor shall not assign this Agreement nor sublet any portion thereof without
first obtaining the written consent of the Owner. Any such purported assignment shall be void and of no force or
effect.
11. INDEMNIFICATION AND HOLD HARMLESS: Contractor shall indemnify the Owner, Owner's Architect and
Engineer, and each of them, and their agents against and save and hold them harmless from all liability and claims,
demands, damages and costs of every kind and nature and shall, upon request by the Owner defend all suits for injury
to or death of any and all persons, including without limitations, injuries to or death of employees and representatives
of the Owner, agents and or any other subcontractors, and for injury, destruction, loss or consequential damage to or
of any and all property, including that of the Owner, resulting directly or indirectly, from or in any manner arising out of
or in connection with the performance of the Work under this Agreement. Counsel employed by the Contractor in
defending any such suits shall be subject to Owner's reasonable approval.
12. BREACH OF AGREEMENT: If, in the opinion of the Owner, the Contractor fails to perform its Work in accordance
with the Agreement and such failure shall continue for twenty-four (24) consecutive hours after written notice to the
Contractor specifying the particulars of such failure, then such failure and continuance thereof shall constitute an
irreparable breach of the Agreements by the Contractor and shall entitle the Owner to terminate the Agreement and
complete the Work itself or cause the Work to be completed by others, and Contractor shall immediately on demand of
Owner pay all costs and damages sustained by the Owner on account of such failure; and any and all material and
equipment of the Contractor on the site or in the Contractor's place of business, may at the option of the Owner be
used or rejected.
13. CANCELLATION OF AGREEMENT: Owner shall have the right for reasonable cause to cancel this Agreement
at any time prior to the completion of Work upon giving three (3) days written notice to the Contractor. Should Owner
elect to cancel, Owner shall promptly pay Contractor the actual cost of labor and of materials furnished to the date of
such notice, plus a sum equal to fifteen percent (15%) of the total thereof, but in no case more than the Contract Price
set out in Schedule "C".
14. ARBITRATION: If at any time any controversy should arise between the Owner and the Contractor regarding
anything pertaining to this Agreement and which the parties hereto do not promptly adjust and determine, then the
written orders of the Owner shall be followed and said controversy shall be decided by arbitration upon completion of
the Work. Such arbitration shall be conducted in the County of the project, in accordance with the rules and
regulations of the American Arbitration Association. The decision rendered in such arbitration shall be conclusive and
binding upon the parties
Date \\\0_4_, v1 �
Page 2 of 5
n'tial
\amu
v
Date Initial,
L�
15. BANKRUPTCY OR INSOLVENCY: In the event that the Contractor shall become insolvent or make and
assignment for the benefit of creditors or commit an act of bankruptcy, Owner shall have the right, if Owner shall so
elect, and without prejudice to any other right hereunder, by written notice to the Contractor to terminate the
Agreement and complete the Work itself, or cause the Work to be completed by others and Contractor shall
immediately repay all costs and damages sustained by the Owner on account of the termination of this Agreement;
and all materials and equipment of Contractor on the site or in Owner's place of business, may at the option of the
Owner be used or rejected.
16. EQUAL OPPORTUNITY PROVISIONS: This provision is applicable unless the Agreement is exempt under the
rules and regulations of Secretary of Labor of the United States. Contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, sex or national origin. Such action shall include but not
be limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising; lay-off or
terminations, rates of pay or other forms of compensation and selection of training, including apprenticeship.
Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be
provided by Owner setting forth the provisions of this nondiscrimination clause. Subcontractor will comply with all
provisions of the Executive Orders, and of the rules, regulations and relevant orders of the Secretary of Labor.
17. MODIFICATION OF THIS CONTRACT: This Agreement is the sole and only agreement between the parties
hereto and no person on behalf of Owner has any authority whatsoever to make any agreement, representation,
warranty or to modify this Agreement or any part thereof, and Contractor hereby agrees that none has been made,
unless it is in writing and signed by Owner. In the event there exists a separate bid, estimate, letter of intent or
contract prepared by either party in addition to this Agreement, said other bid, letter of intent or contract shall be
conclusively deemed replaced by this Contract and no longer in effect. All negotiations and agreements prior to the
date of this Agreement are merged herein and there are no agreements, verbal or otherwise, other than those
contained herein. Additional or addendum agreements shall be valid only in writing and shall then become a part of
this Agreement and subject to the provisions herein contained. No oral statement of any person whomsoever shall in
any manner or degree or otherwise affect the terms of this Agreement.
18. SUPERVISION: The Contractor (if an individual) or the chief operations officer (if a corporation) shall give his
personal supervision to the Work or have a competent foremen or superintendent satisfactory to the Owner on the job
at all times during progress of Work with authority to act for Contractor.
19. UNDERGROUND WORK: Layouts of all underground installations, sewers, electrical, gas, television, water, yard
lighting, etc. are available at the field office. Contractor shall be rlrsponsible for verifying the location of all existing
installations prior to doing any work that my cause damage. Any and all damages to existing Work shall be
backcharged to Contractor causing the damage and Contractor hereby agrees to pay and be responsible for all such
damages.
20. DOCUMENTS REQUIRED FOR LIEN FREE PERFORMANCE: INDEMNITY AND RIGHT TO WITHHOLD: When
any monies are payable to Contractor hereunder, Contractor shall deliver to Owner a statement (Sworn to if required
by Owner), showing in detail and as completely as possible, all work done by Contractor and averring that all claims,
obligations and liabilities created or incurred in the performance of doing thereof, to the date thereof, have been paid.
Owner may require, Contractor to furnish in support of such application (a) his original payrolls for labor and/or (b) all
receipted bills and or (c) a complete statement of all monies properly due for materials or otherwise or on account of
separate contracts of Contractor, and/or (d) a release or waiver of liens in a form specified by Owner, signed by each
workman and materialmen who shall have performed work upon or provided materials for the job to the billings closing -
date. Contractor shall promptly pay all valid bills and charges for his material, labor and otherwise, and shall hold the .
real property upon which the Work is being performed, and Owner free and harmless from any liens for labor and/or
material, or any liens or stop notices. Should any lien be filed against the property or should Owner receive notice of
any unpaid bill or charges, or should any stop notice be filed, Owner shall have the right, at its option (a) to pay such
bill or (b) during the pendency of such claim and any action thereon, to withhold the amount of money for which the
lien is recorded or stated in the stop notice from any amounts then or thereafter due Contractor under this Agreement
and/or any other subcontract between Owner and Contractor then or thereafter in existence; of (c) to require by written
notice to Contractor that Contractor shall cause such lien or stop notice to be removed or withdrawn within five (5)
days of such written notice, in which event Contractors failure to cause such lien or stop notice to be removed or
discharged shall be an event of default hereunder.
21. CLEAN-UP, PROTECTION AND/OR REPAIRS: The Contractor shall clean up and remove all of its debris ,
rubbish and surplus materials as the Work progresses "Broom Clean". Contractor shall keep its own Work protected
from damage by the elements and from damage likely otherwise to be occasioned in the performance of the Work and
to protect all other parts of the work performed by others from damage likely to be caused by Contractor's Work.
Should any damage be so caused, Contractor shall immediately repair the same at Contractor's sole cost and
expense. Any default of Contractor in any such cleaning, protection or repairs, may be remedied by the Contractor
and the cost deducted from the Contract Price.
22. TAXES INCLUDED IN CONTRACT PRICE: All sales taxes, or any and all other taxes affecting the Work,
including federal and state taxes, social security taxes and income taxes withheld from wages, have been included in
the Contract Price and will be paid by Contractor. Any subsequent tax assessment will be borne entirely by
Contractor.
Date 1111._'1 l�j
Page 3 of 5
Initial
Date
23. PHASED CONSTRUCTION: SEPARATE WORKS: The Project may be constructed in separate phases. If Work
included in this Agreement (including any addendum to this Agreement) covers work in separate phases of the Project,
or work on separate improvements for which separate lump sum prices are shown on Schedule "B" (or any addendum
thereto), each such phase or improvement shall be considered to be a separate work of improvement for all purposes
including, without limitation, the application of paragraphs 13 and 20 of this Agreement and California Civil Code
sections 3114, 3115, 3116, and 3117.
24. SAFETY: In the performance and protection of his Work, Contractor shall at all times comply with all safety rules,
regulations and requirements in accordance with all applicable codes, ordinances and specifications. Contractor shall
comply with all decisions of Owner relative to safety requirements and shall be liable for maintaining strict adherence
to all safety regulations, including full-time maintenance of fully adequate safety standards to protect the general
public, work force and any and all parties. If the Project is a "hard-hat" job as defined by OSHA, Contractor shall
require that all workmen and visitors on the Project site shall wear a "hard-hat" for protection.
25. TRAFFIC CONTROL AND SITE WORK DAMAGE: It is anticipated that a large number of the employees on the
Project site will use motor vehicles for transportation to and from work. It shall be the responsibility of Contractor to
control traffic on the site as directed by Owner's representative; to enforce restrictions against parking on roads within
the site; and to provide necessary parking areas for all workmen in suitable locations as approved by Owner. In the
event Owner tows vehicles which are improperly parked, all towing charges will be charged to contractor. Contractor
shall keep all trucks, dozers, graders and other equipment off concrete and road surfaces and graded sites.
Contractor shall, under rules and regulations prescribed by Owner, use only established roadways or such temporary
roadways as may be authorized by Owner.
26. STORAGE AND INVENTORY: Contractor shall be solely responsible for the inventory control of all materials used
by him. He shall make all order lists and requisitions and furnish said lists and requisitions to Owner. Contractor shall
be solely responsible for the loading, unloading, delivery and uncrating of all materials used by him from supplier to
storage point on the project and from there to the actual point of usage, whether said materials have been bought by
Contractor or Owner. Contractor shall confine its operations to the areas of construction and to the areas set forth by,
the Owner or Owner's representative for its operations, material and equipment.
27. AGREEMENT NON-BINDING: This Agreement is nonbinding on either Owner or Contractor until both of the
following events occur:
(a) Owner delivers a fully executed, initialled and dated copy of this Agreement to Contractor
(b) Owner gives written notice to Contractor that the building -and/or phase has been released for start of
construction.
28. NOTICES: Any notice required or permitted to be given hereunder shall be in writing and may be served
personally or by regular mail, postage prepaid, addressed to Owner and Contractor, respectively, at the address set
forth in the preamble to this Agreement. Either party may, by like notice to the other party, at any time and from time
to time, designate a different address to which notices shall be given.
29. WAIVERS: No waiver by Owner of any provision hereof shall be deemed a waiver of any other provision hereof,
or of any subsequent breach by Contractor of the same or any other provision.
30. MISCELLANEOUS: Subject to the provisions hereof restricting assignment of this Agreement by Contractor, this
Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
this Agreement shall be governed by the laws of the State in which it was executed. The invalidity of any one of the
covenants, agreements, conditions and provisions of this agreement or any portions hereof, shall not affect the
remaining portions of this Agreement and this Agreement shall be construed as if such invalid covenant, agreement
condition or provision had not been inserted herein. As used in this Agreement, the masculine, feminine or neuter
gender and the singular or plural numbers, shall be deemed to include the others, whenever the context so indicated.
The captions in this Agreement are inserted only as a matter of convenience for reference and in no way define the
scope of content of this Agreement or the construction of any provision hereof, or of any document or instrument
referred to herein.
31. CONSTRUCTION SCHEDULE: A Construction Schedule will be issued to Contractor prior to construction of each
phase of Work to be performed by Contractor. Contractor shall commence performance of the Work within five (5)
calendar days after being notified in writing and thereafter proceed in strict confidence with the Construction Schedule,
as revised from time to time; and shall meet the construction dates therein set forth. Time is of the essence of the
Agreement and in the event that Contractor shall fail in the performance or completion of all or any part of the Work to
be performed under this Agreement by and at the time or times herein mentioned, or in accordance with the
Construction Schedule, Contractor shall pay Owner, as liquidated damages and not as a penalty, the sum of $ N/A
per day for each and every day required to complete the work beyond the time set forth. Owner may deduct such
damages for any sums otherwise due or to become due to Contractor.
r
Date �1� �1,�t 1 ���0 Initial Date Initi I
I-
Page 4 of 5
32. ATTORNEYS' FEES: In the event of arbitration hereunder, or in the event that either party hereto brings an action
for breach of or to enforce the provisions hereof, or to declare rights hereunder, the prevailing party in such arbitration,
or in such action, on trial or appeal, shall be entitled to reasonable attorneys' fees to be paid by the losing party as
fixed by such arbitrators or the court. The fact that a party is granted affirmative relief shall not necessarily establish
that such a party is the prevailing party for purposes of award of attorney's fees. such arbitrators or court shall have
the discretion to determine which party is the prevailing party for purposes of award of attorneys' fees. Such
determinations shall be made by the arbitrators or by the court based upon the determination as to which party, in light
of the issues, litigated or arbitrated, was more successful.
IN WITNESS WHEREOF: The parties hereto have executed this agreement, for themselves, their heirs, executors
and permitted administrators, successors and assignees on the date set forth below their respective signatures.
CONTRACTOR:
NUEVO ENGINEERING, INC.
Date \1\,m\ C��/
Page 5 of 5
IrIffial
OWNER:
TRADITION CLUB ASSOCIATES, LLC
i
By: j1P Al
Date Initial
COMPANY NUEVO ENGINEERING, INC COMPANY TRADITION CLUB
ADDRESS 79-811 Country Club Drive ADDRESS P.O. BoxE1120LC
CITY Bermuda Dunes, CA 92201 CITY La Quinta, CA
92253
ATTN ..Wayne Waters,
Secretary-Treasurer ATTN Larry Spicer
PHONE (619)345-1778 PHONE (619)564-3355
I. SCHEDULE "A" - GENERAL INFORMATION
A. PROJECT LOCATION AND LEGAL DESCRIPTION:
The Tradition project is located at the southerly end of Washington
Street at Avenue 52 in the City of La Quinta, California. It is
described by Tentative Tract Map 28470, comprising approximately 740
acres, on which there will be one eighteen-hole golf course, a 20,000
sf clubhouse, auxiliary structures, and approximately 250 home sites.
The developer is Tradition Club Associates, LLC.
B., PLANS FOR REFERENCE AND PART OF CONTRACT DOCUMENTS:
Attached hereto are the following:
1.. Schedule "B" - Scope of Work
2. City of La Quinta Rough Grading Improvement Plan, Tradition,
Tentative Tract 28470 - Phase I; dated Sheets 1
through 9. '
3. Preliminary Soil Investigation of the project site by Buena
Engineers, Inc., dated November, 1984.
4. Update of Geotechnical Engineering Report by Earth Systems
Consultants, dated October 10, 1996.
5. Schedule "C" Price & Payment Schedule
NOTE: Contractor hereby acknowledges receipt of documents described in
Items #2, #3, and 4.
C. PARTICIPANTS:
1. Contractor
NUEVO ENGINEERING, INC.
79-811 Country Club Drive
Bermuda Dunes, CA 92201
(6 19) 345-1778
2. Owner
TRADITION CLUB ASSOCIATES, LLC
P.O. Box 1120
La Quinta, CA 92253
(619) 564-3355
3. Soils Engineer
SLADDEN ENGINEERING
6782 Stanton Ave., Suite E
Buena Park, CA 90621
4. Engineer
Keith International, Inc.
41-865 Boardwalk, Suite 101
Palm Desert, CA 92211
(619) 346-9368
5. Golf Course Architect
Palmer Course Design Company
P.O. Box 1639
Ponte Vedra Beach, FL 32004
(904) 285-3960
D. Development Schedule
It is anticipated that the mass grading and excavation shall commence
on or about December 1, 1996 on approximately 420'acres of the site.
OWNER CONTRACTOR 1
Initial: `� _ Date: 1 I )1-1-1 lb InitialkL _.� Date: l 1,
Page 1 of 9
COMPANY NUEVO ENGINEERING, INC COMPANY TRADITION CLUB
ADDRESS 79-811 Country Club Drive ADDRESS P.O. BoxE1120LC
CITY Bermuda Dunes, CA 92201 CITY La Quinta, CA
92253
ATTN Wayne Waters,
Secretary -Treasurer ATTN Larry Spicer
PHONE (619)345-1778 PHONE (619)564-3355
E. Permits & Fees & General Information
1. Clearing and grubbing, fugitive dust control, and grading
permits will be obtained from the City of La Quinta by the Owner.
2. Owner will obtain any necessary encroachment permits from the
Coachella Valley Water District.
3. City license to be obtained by the Contractor prior to
starting work.
4. The Contractor will be required to provide his own
materials, tie-in and hook up to the Owner's water well source,
located on the edge of the existing entry drive approximately
200 feet east of the Hacienda garage. If the Contractor require
water in excess of that available from the Owner's well,
Contractor may purchase such additional water from the Coachella
Valley Water District's irrigation water system. If the supply
of irrigation water together with the Owner's water well is still
insufficient, then upon notice to the Owner Contractor may
purchase supplemental water from the Coachella Valley Water
District's potable water system. Owner shall reimburse
Contractor for water purchased from the Coachella Valley Water
District.
5. Soils testing and inspection to be furnished and paid by the
Owner.
6. Engineering and field staking to be furnished and paid by the
Owner.
7. All required insurance (general liability and Workmen's
Compensation) shall be on file with the Owner Prior to starting
work and shall cover all operations.
8. Rough Mass Grading Commencement Date
It is anticipated that the major rough grading will commence on
or before December 9, 1996, subject to issuance of grading
permit.
F. Starting Times & Days of Work
At this time, it is anticipated that work may start as early as.6:00
a.m. and continue as late as 6:00 p.m., Mondays through Saturdays.
However, it is the Contractor's sole responsibility to be familiar
with the local governing ordinances concerning working hours and dust
control requirements.
G. Completion Schedule & General Requirements
1. It is the Owner's desire to complete all rough grading
excavation and finish grading work in a timely manner,
completing all work covered in the following scope of work in
twelve (12) weeks.
2. The Grading Work shall be diligently pursued at all times
during the contractor work.. Contractor shall start and complete
work within the time frame allowed by the Owner. Owner's
priorities shall be in writing to the Contractor before the
grading operation commences.
OWNER
Initial:
Page 2 of 9
CONTRACTOP
e: Initial:
U
r, V
Date: 0
COMPANY
NUEVO ENGINEERING, INC
COMPANY
TRADITION CLUB
ADDRESS
79-811 Country Club Drive
ADDRESS
P.O. BoxE1120LC
CITY
92253
Bermuda Dunes, CA 92201
CITY
La Quinta, CA
ATTN
Wayne Waters,
PHONE
Secretary-Treasurer
(619)345-1778
ATTN
Larry Spicer
PHONE
(619)564-3355
3. Conduct of Work - The Contractor shall be responsible for all.
work under this contract whether performed by his company or his
subcontractor. The Contractor shall be responsible for the
conduct of all agents and employees on or near the project site.
Contractor shall obtain Owner's approval for any subcontractors
prior to their working on the site. Contractor shall provide
Owner with proof of any subcontractor's construction insurance
prior to work. Insurance shall list owner as additional insured.
4. Errors and Omissions - Any errors or omissions on the
drawings or specifications shall be brought immediately to the
attention of the Owner or his representative.
H. INSURANCE:
Contractor agrees to obtain, maintain and pay for all insurance as may
be required below by this Contract including, without limitation,
workers' compensation, commercial general liability insurance and
comprehensive automobile liability insurance protecting the Contractor
against claims for bodily injury or death or for damaged property
occurring upon, in or about the project arising out of Contractor's
work, Owner's supervision of that work or subcontractors performing
work under any agreement with Contractor, with limits in amounts at
least equal to those specified below. All insurance shall be
maintained until work has been completed and accepted by Owner and no
modification or change in insurance shall be made without thirty (30)
days written notice to Contractor.
1. Workers' Compensation Insurance: Contractor shall secure
workers' compensation, including coverage B (employer's
liability) with limits of at least $100,000 - each accident,
$500,000 disease - policy limit and, $500,000 disease - each
employee.
2. Commercial general liability insurance shall be provided
with limits of bodily injury and property damage (combined)
of at least $5,000,000 per occurrence and $5,000,000
aggregate. This coverage shall be written on a
comprehensive form, including premises operations,
underground, explosion and collapse hazard coverage,
products - completed operations, contractual, independent
contractors, broad form property damage and personal injury
protection.
3. Products and completed operations coverage referred to in
the above paragraph shall be maintained for a period of at
least three years after final payment.
4. Automobile liability coverage shall include all owned autos
(private passenger and other than private passenger), hired
and non -owned automobiles with limits of not less than
$5,000,000 for bodily injury and property damage, combined.
The commercial general liability insurance coverage as required above
shall also be endorsed to name the Owner (Tradition Club Associates,
LLC); Winchester Development Company, LLC; and R. L. Spicer, Inc., as
additional, primary insureds and such wording should be reflected
OWNER CONTRACTOR
Initial: Date: 1 A)m, (-) 4 Date:
Initial: �'�
Lr7 1 �
Page 3 of 9
COMPANY
NUEVO ENGINEERING, INC
COMPANY
TRADITION CLUB
ADDRESS
79-811 Country Club Drive
ADDRESS
P.O. BoxE1120LC
CITY
Bermuda Dunes, CA 92201
CITY
La Quinta, CA
92253
ATTN
Wayne Waters,
Secretary-Treasurer
ATTN
Larry Spicer
PHONE
(619)345-1778
PHONE
(619)564-3355
within the certificates of insurance required.
All insurance policies required above shall also be issued by
companies authorized to do business under the laws of the state of
California, with the following qualifications as to management and
financial strength: The company must be rated no less than "A" as to
management and no less than class "X" as to strength, by the latest
edition of the Best Insurance Guide, published by A.M. Best Company.
Furthermore, the Contractor shall furnish certificates of insurance to
the Owner prior to the commencing of any operations under this
contract with certificates clearly indicating that the Contractor has
obLai.ned insurance in the type, amount- and form referred Lo wiLhin
this exhibit. Such certificates of insurance shall indicate the
coverage cannot be changed or cancelled without prior thirty -day
written notice to Contractor.
Failure to comply with the above will result in delay in payment of
any invoices.
OWNER CONTRACTOR
Initial: '"�4 Date: 1� 1�LYL1 °�(� Initial: L .jc, Date: ll
Page 4 of 9
COMPANY NUEVO ENGINEERING, INC COMPANY TRADITION CLUB
ADDRESS 79-811 Country -Club Drive ADDRESS P.O. BoxE1120LC
CITY Bermuda Dunes, CA 92201 CITY La Quinta, CA
92253
ATTN Wayne Waters,
Secretary -Treasurer ATTN Larry Spicer
PHONE (619)345-1778 PHONE (619)564-3355
II. SCHEDULE "B" - SCOPE OF WORK
A. Contractor shall furnish all labor, equipment, materials and
deliveries necessary to complete the soil pre -watering, clearing and
grubbing, rough (mass) grading, excavation work and finish grading in
its entirety as per the following Scope of Work and Requirements.
Work shall conform to the plans, specifications listed within these
documents and the geotechnical report(s) referred to in the whole of
contract document package. Contractor shall be aware that all work
shall conform to and meet the requirements of: City of La Quinta,
State of California, Owner's Civil Engineer, Soils Engineer and the
Owner's field representative.
All work shall meet all requirements of the State of California
and any state agency having jurisdiction thereof.
Work shall include:
_B. Shoring Bracing and General Safety shall be in conformance with
California Industrial Safety Regulations, and OSHA; shall protect
adjacent property as required to prevent caving and sloughing of
materials from cuts and embankments along the property lines.
C. Grade Staking
One (1) set of control stakes shall be provided for the Contractor for
mass (rough) grading, and one (1) set of stakes shall be provided for
fine grade of building pads and street center lines.
One (1) set of control stakes shall be provided for centerline of tees
and greens and for drainage flow lines.
Major mounds, sand traps and depressions shall be located by the
Contractor from existing adjacent staking. Lake excavation perimeters
shall be staked by the Owner.
D. Mobilization & Pre -Watering Site
Included in the rough grade price is mobilization and prewatering of
the site during the grading operations, as set forth in the
Geotechnical Soils Report engineering requirements. The Owner shall
provide a water source at the well site. Contractor shall provide the
necessary piping connections from the well site to this watering
system for pre -watering and construction watering included in this
contract price.
E. Site Preparation & Work Area
All site clearing,.grubbing and pregrading shall be in accordance
with the Geotechnical Engineering Report.
F. Work by Others
1.General - Certain work may be performed by others on this
project prior to, during or following Contractor's work.
Contractor shall cooperate with other contractors and coordinate
his work with the other trades on the job as required.
2.Work Area - All operations and storage shall be confined to the
areas of improvement as directed by the Owner, unless otherwise
stated or authorized. Airborne dust shall be controlled and
OWNER 11 CONTRACTOT
Initial: Date: \�\��1 Initial: Date: �\ 2
Page 5 of 9
COMPANY NUEVO ENGINEERING, INC COMPANY TRADITION CLUB
ASSOCIATES, LLC
ADDRESS 79-811 Country Club Drive ADDRESS P.O. Box 1120
CITY Bermuda Dunes, CA 92201 CITY La Quinta, CA
92253
ATTN Wayne Waters,
Secretary -Treasurer ATTN Larry Spicer
PHONE (619)345-1778 PHONE (619)564-3355
retained on- site during all grading operations Per requirements
of La Ou nta' s Fugitive Dust Control permit.
3. Protection -
a. All existing equipment and related appurtenances shall be
protected during performance of this work. It is the
Contractor's responsibility to determine the location of any
existing underground facilities or utilities before
commencing work.
b. Damages resulting from Contractor's work shall result in
repair or replacement by Contractor at his own expense to
the satisfaction of all parties involved.
c. Underground telephone fiber optic cables and overhead
electrical cable -EXTREME care must be taken when working
over, under or near high voltage electrical cable for the
pump stations, wells, and Imperial Irrigation District
poles.
d. Rough Grade survey stakes damaged or destroyed by
Contractor shall be replaced at the Contractor's expense.
e. Soils Compaction & Moisture Testing:
Excessive testing and retesting to obtain acceptable
compaction and/or moisture in the soils are not included in
the soils engineer's contract and will be charged to the
Contractor when excessive.
All earthwork and rough grading contemplated for site preparation
shall be accomplished in accordance with the soils engineering
report.
4. Rough & Finish Specifications
a. The Contractor shall leave all finished lots t 0.1 foot
of plan grade. Common area grounds outside the finished
lots shall be graded to within f 0.2 foot of plan grade.
b. Streets are to be rough graded and left t 0.2 foot of
plan grade for sewer and water construction. Sewer and
water shall be completed under other contracts.
c. Golf Course fairways and mounds shall be graded to within
t 0.5 foot of grading plan and greens and tees shall be
graded to within t 0.5 foot of grading plan.
d. Parkway and median areas to be graded to within t 0.5
foot of grading plan.
e. Lake excavation and rough grading:
OWNER
Initial: 1))4A1 qb
Page 6of9 \4
(1) Lake bottoms shall be rough graded to within t 0.5
foot of grading plan.
(2) Lake shorelines shall be rough graded as per
CONTRACTOR
Date: Initial: Date: I 1 21
COMPANY
ADDRESS
CITY
92253
ATTN
PHONE
NUEVO ENGINEERING, INC
79-811 Country Club Drive
Bermuda Dunes, CA 92201
COMPANY TRADITION CLUB
ASSOCIATES, LLC
ADDRESS P.O. Box 1120
CITY La Quinta, CA
Wayne Waters,
Secretary -Treasurer ATTN Larry Spicer
(619)345-1778 PHONE (619)564-3355
construction staking provided by Owner.
(3) Lake weirs (waterfalls) shall be graded at 2:1
slope. Top of weirs to be t 0.2 foot of rough grading
plan.
(4) Owner shall provide Contractor with a dirt balance
site. No import or export of dirt is required. It is
anticipated that there is approximately 1,800,000 c.y
of cut to balance the site. The residential pad areas
shall be graded to t 0.1 foot of finish plan grade to
balance.
G. Site Visit
Contractor should visit the project site to become familiar with
the existing conditions. It will be assumed upon commencement of work
that site conditions have been acknowledged.
Reminder
Underground and overhead electrical cable -EXTREME care must be
taken when working over, under or near high voltage electrical
cable for the pump stations, wells, and Imperial Irrigation
District poles.
H. Clean -Up
Contractor, upon completion of each operation of his work in each
area, shall remove any job related rubbish, trash, fuel or oil spills
and containers, or parts and debris resulting from the rough grading
operations. Remove equipment and any implements of service and leave
each area in a neat, clean and acceptable condition.
I. Additional Conditions
The following is agreed by the contractor upon awarding of this
contract:
1. Compaction Requirements Compaction
a. Fairways Fill - 8511 Minimum
b. Residential Fill - 9096 Minimum
c. Over excavation
x 3' and process bottom
to 90% compaction Fill - 90% Minimum
2. Structural slopes 2:1 or better at 90% compaction on
residential and 95% on clubhouse.
3. If project does not balance after meeting all grading criteria
herein, unit cost of $0.70 .per c.y. for mass grading will prevail
for the additional cut volume.
OWNER
Initial:
Page 7 of 9
Date:
CONTRACTOR
Initial: X. _, 7
Date: 112 ` l'-,
COMPANY NUEVO ENGINEERING, INC
COMPANY
TRADITION CLUB
ADDRESS 79-811 Country Club Drive
ADDRESS
ASSOCIATES, LLC
P.O. Box 1120
CITY Bermuda Dunes, CA 92201
CITY
La Quinta, CA
92253
ATTN Wayne Waters,
Secretary -Treasurer
ATTN
Larry Spicer
PI-IONI (619)345--l.778
PHONE
(61-9)564-3355
III. SCHEDULE "C" - PRICE AND PAYMENT SCHEDULE
PRICE SCHEDULE
DESCRIPTION QUANTITY
UNIT PRICE EXTENSION
A. Mobilization
L.S.
$22,000
B. Clear & Grub
1. Structures
L.S.
15,960
2. Eucalyptus
L.S.
28,350
3. Balance of Site
L.S.
84,840
C. Pre -Water
L.S.
103,595
D. Purchase Construction Water
If needed, but not to exceed:
198,923
E. On -Site Excavation
1,800,000 C.Y. @
$0.70
1,260,000
F. Over -Excavation
150,000 C.Y. @
$0.70
105,000
G. Finish Grade Pads to
t 0.1 foot
L.S.
220,000-
H. Golf Course Rough Shaping
L.S.
89,232
Subtotal
2,127,900
I. Storm Drain
1. 36" RCP 417 L.F. @
67.50
28,147.50
2. Headwalls w/Debris Rack
2 E.A. @
5,170.00
10,340.00
3. 66" RCP 580 L.F. @
145.00
84,100.00
4. 301"RCP 8 L.F. @
L.S.
1,320.00
5. Type A Headwall D-90 w/ Debris
Rack L-17
1 E.A.
L.S.
21,800.00
6. Type A Headwall D-90 w/ Debris
Rack L-20
1 E.A.
L.S.
26,235.00
7. Manhole Std.252 1.E.A
L.S.
5,500.00-
8. 18" RCP 168 L.F. @
36.00
6,048.00
9. 24" RCP 144 L.F. @
51.00
7,344.00
10. Remove & Salvage 36" RCP
82 L.F. @
20.00
1,640.00
11. Install 36" RCP on Realignment
70.00
25.00
1,750.00
12. Remove CMP Inlet
1 E.A.
L.S.
300.00
13. Remove Existing Headwall
1 E.A.
L.S.
300.00
14. Install 36" Concrete Plug
L.S.
650.00
15. Drop Inlets 3 E.A.
2,700.00
8,100.00
16. Outlet Structures
2 E.A.
3,200.00
6,400.00
Subtotal
209,974.50
Total
$2,337,874.50
Less Item "D" Purchase of Construction
Water 198,923.00
Lump Sum Contract Price*
2,138,951.50
* NOTE: THIS IS A LUMP SUM CONTRACT, EXCEPT
FOR THE PURCHASE OF WATER,
WHICH WILL BE REIMBURSED TO CONTRACTOR BY THE OWNER.
IF CHANGES ARE
AUTHORIZED BY THE OWNER, THE CONTRACT AMOUNT
WILL BE ADJUSTED BY THE UNIT
PRICES LISTED ABOVE MULTIPLIED THE CHANGE IN
THE QUANTITY OF WORK.
OWNER II CONTRACTOR
Initial: .--y J, Date: ���� nA r� �' Initial: �, 3.•-_)
J_
Page 8 of 9
Date: U - 2 <' � I-
i
COMPANY
NUEVO ENGINEERING, INC
COMPANY
TRADITION CLUB
ADDRESS
79-811 Country Club Drive
ADDRESS
ASSOCIATES, LLC
P.O. Box 1120
CITY
Bermuda Dunes, CA 92201
CITY
La Quinta, CA
92253
ATTN
Wayne Waters,
Secretary -Treasurer
ATTN
Larry Spicer
PHONE
(619)345-1778
PHONE
(619)564-3355
J. DESCRIPTION OF WORK - PAYMENT SCHEDULE: Contractor agrees to pay on
each completed unit of work as follows:
1. Mobilization To be paid in full when all
equipment is on job site.
2. Clear & Grub To be paid progressively as the
work is complete.
3. Pre -Watering To be paid progressively as the
work is complete.
4. On -Site Excavation To be paid based on estimated cubic
yard of cut moved and agreed by
owner's representative.
S. Over Excavation To be based on estimated c.y. moved
6. Finish Grade Pads
finished to t .01 foot.
7. Golf Course Grading to
t .50 foot.
8. Storm Drains
7. -Retention
To be paid based on percentage of
finished building pads completed.
To be paid on percentage of
completion.
To be paid on percentage of
completion.
10a retention shall be held on
payment numbers 3, 4, 6, and 8
above only.
OWNER CONTRACTOR
Initial: Date: N �\►� �.1 Initial: � ,_� Date: 11, ? 1 <<
Page 9 of 9