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2998s. With proper validation this form constitutes an encroachment permit CITY OF LA QUINTA APPLICATION FOR PERMIT PUBLIC WORKS CONSTRUCTION (ENCROACHMENT) For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS DATE: 5/7/99 LOCATION OF CONSTRUCTION — MADISON AND AIRPORT E Subdivision Improvement Permit — Class III Minor Improvement Permit Class IV TRAM 28838-1 (Street address or Description of Location) PURPOSE OF CONSTRUCTION 77 LOT SUBDIVISION Sketch (attach construction plans if appropriate) DESCRIPTION OF CONSTRUCTION curb & gutter. strest paving and varkina lot DIMENSION OF INSTALLATION OR REMOVAL curb/gutter SHE ATTACHED CONDITIONS 10,740 L.Y..vavina 166.000 Sa.lt, varkina lot 6700 So. It. SIZE OF EXCAVATION, IF NEEDED P APPROXIMATE TIME WHEN WORK WILL BEGIN 7/8/99 APPROXIMATE TIME OF COMPLETION 8/30/99 ESTIMATED CONSTRUCTION COST $ 238 135.00 ' (Including removal of all obstruction, materials, and debris, backfilling, com- paction and placing permanent resurfacing and/or replacing improvements) In consideration of the granting of this permit, the applicant hereby agrees to: JUL 0 91999 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 cl! � ejy6 n c� pip rNT happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to i p a io V(✓LJIiV 1� 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 _RIELLY HOKES, INC. 23 CORPORATE PLAZA. NEWPORT DUCH. CA. (949)719-4975 Name of Applicant (please print) Business Address Telephone No. BOB GIBBS 81120 LEGENDS WAY, LA OUINTA. CA. (760)564-7555 Name of Contractor and Job Foreman Business Address Telephone No. 719113 Contractor's License No. 5337 City Business License No. UNITED CAPITAL INS. CO. CLA1252398 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit — Class 111 Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs Minor Improvement Permit — Class IV: See attached schedule Inspection Fee Permit Fee Penalty Cash Deposit -Surety Bond if required TOTAL: Receipt No. $ 7144.00 100.00 credit (3.391)Dermit 2989 $ 3853.00 Received by Date PERMIT NO PERMIT VALIDATION 2998 DATE APPROVED 7/7/99 EXPIRATION DATE 7/7/00 DATE ISSUED 7 7 By— ` 4 AdmVistrative Authority Recorded by 11Telephone: (619) 777-7075 NOTE: ' With proper validation this form constitutes an CITY OF LA QUINTA encroachment permit APPLICATION FOR PERMIT PUBLIC WORKS CONSTRUCTION (ENCROACHMENT) c�'MoF T[Is°� 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 -7I ,7 l 49 Subdivision Improvement Permit —Class III DATE: Minor Improvement Permit Class IV LOCATION OF CONSTRUCTION M A ollS oAd Ary-0 A 1 R PO (ZT 6(Aj C> . (Street address or Description of Location) PURPOSE OF CONSTRUCTION 71 LOT S"lt3pI0510J DESCRIPTION OF CONSTRUCTION C-917—th L OUTr£2 STREET PAV t nl G AAxQ A R Kt n1 G Co T DIME SION O INSTALt.ATION OR REMOVAL G 040 L rA%IrNCo I16&.coo ISM FT• #AoZW tfJ& Lo'C ip ? cc SIZE OF EXCAVATION, IF NEEDED . APPROXIMATE TIME WHEN WORK WILL BEGIN g 1,99 APPROXIMATE TIME OF COMPLETION q ESTIMATED CONSTRUCTION COST $ 23 _ 5.00 (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) ; y j_ �/1G Z Cv4$L 1 10A4S IL 13VI �jVSJ) 1- In consideration of the granting of this permit, the applicant hereby agrees to: Indemnify,.defend -and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property . happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application. Notify the Administrative Authority at least twenty-four (24) hours in advance of the time when work will be started. Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulytfcne City.of Le Ciuinte and to pay for any additional replacement necessary as the It of this work. gee/ P Signatu of Applicant or Agent R.IEIImo/ {holm ES, lNC- 23 G02PoaAM PLAZA IJtiwPo2T 1$v,-4c4 c.A Name of Applicant (please print) Business Address Cq jq ri I q ^ si97S Telephone No. GINal,5 81-120 L6&EAYQS UJIRLA LA lGIVIA 40 CA C' oc7 Sb4'1555 Name of Contractor and Job Foreman Business Address Telephone No. ']IQ l 13 5331 Contractor's License No. City Business License No. . ONtTt4D CAPITAL lNSvY f 'Ct Ga GLA 125 2 39 $ Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit —Class III Public improvements: 3%of estimated construction costs Private improvements: 3% of estimated construction costs Minor Improvement Permit — Class IV: See attached schedule Inspection Fee $ _ Permit Fee O Penalty t Cash Deposit -Surety BoRc�cA`1 2�2L1 I P 2Qg if required TOTAL: Receipt No. . 2774 PERMIT �VALIDATION PERMIT NO. DATE APPROVED EXPIRATION DATE 0 DATE ISSUED By Received by Recorded by Date Telephone: (619) 777-7075 Administrative Authority Date of Proposal -December 17, 1998 GRnnuE Proposal Valid Until-January 17, 1999 l conmucnon compm 519p PROPOSAL AND CONSTRUCTION SUBCONTRACT GRANITE CONSTRUCTION COMPANY, hereafter called "Subcontractor," and REILLY HOMES INC., hereafter called the "Contractor," whose address is 81-120 LEGENDS WAY, LA QUINTA, CA 92253, PHONE: 760-564- 7555, FAX: 760-564-7022 (ATTN: BOB GIBBS), agree as follows: I. Description and Location of Work. 'Subcontractor agrees to perlbrm the following work: STREET IMPROVEMENTS Located At TRACT 28838-I; MADISON STREET S/O AIRPORT BLVD; LA QUINTA, CALIFORNIA 2. Plans and Specifications. The above work shall be performed in accordance with the following plans and specifications: SHEETS 6, 8, & 9 OF 9 SHEETS; NO DATE; UNAPPROVED; MDS CONSULTING Such plans and specifications are, by this reference, incorporated herein and made a part of this subcontract, but are not attached. 3. Payment. Contractor shall pay to Subcontractor, as full compensation for all the work hereunder the following amount: a. In accordance with the provisions of Paragraph 3 on the reverse side hereof, progress payments shall be 100% of the estimate and the sum of 1.5% per month shall be added to any balance unpaid when due. b. The above prices shall include all applicable Sales, Use, Franchise, Excise, and other taxes which may now or hereafter be levied except those specifically excluded herein. c. In the event the above price is a unit price based on quantities, final payment shall be for actual quantities. Each party hereto shall diligently cooperate with the other in making a determination of final quantities on completion of all work hereunder. d. This Proposal and Construction Subcontract shall be void if Contractor is unable to demonstrate to the satisfaction of Subcontractor prior to commencement of work his ability to make payments for the work to be performed hereunder in the manner and at the times set forth herein. 4. Time. Subcontractor shall commence work hereunder as promptly as practical after- the receipt of written notice to proceed from Contractor and shall complete the work in accordance with the agreed upon schedule by and between the Contractor and Subcontractor. At the option of Subcontractor, this agreement shall be void unless notice to proceed is received within ten (10) working days following execution of this agreement by Contractor. 5. Special Conditions. SEE ATTACHMENT "A" 6. Subcontract Documents. The contract docurnents shall consist of this Agreement and attachments numbered. ATTACHMENT "A" Executed at If Acceptable, Please Sign Original and Return. Contractor By: State of California Contractor's License No.: Name of Owner: Address: Name of Construction Lender: Address California, GRANITE CONSTRUCTION COMPANY A CALIFORNIA CORPORATION State of California Contractor's License No. 89 Address: 38000 Monroe Street Indio, CA 92203 Phone: (760)775-7500 Facsimile: (760) 775-8229 By: JOHN N. CONOVALOFF Job No.: This Subcontract is Subject to the Terms and Conditions Appearing on the reverse Side Hereof. 19 FORM 205 REV. hint 10. 1998 GENERAL CONDITIONS I. WORKMANSHIP AND MATERIALS: Subcontractor acknowledges that it is familiar with the nature and location of the work. All work shall be performed by Subcontractor in a workmanlike manner, and Subcontractor shall use its best skill and judgment in the performance of all work under this Subcontract. 2. COMMENCEMENT AND PROGRESS: Subcontractor shall commence the performance of this subcontract as soon as practicable following notification by the Contractor to do so, and shall continue diligently to complete such work in conformity with this agreement and in accordance with plans and specifications. Contractor shall establish and maintain all reserved gates necessary for Subcontractor to perform his work. Such reserved gates shall conform to the requirements established by the National Labor Relations Board and /or other regulatory agencies. 3. PAYMENTS: Contractor will receive monthly progress payments from Owner. Within ten (10) days after Contractor receives payment from Owner, or is scheduled to receive payment in the event payments are delayed due to the fault or negligence of contractor or other subcontractors. Contractor will pay to Subcontractor the amount which the estimate of Owner shows Subcontractor has earned during the period covered by such estimate; provided, however, that Contractor will reduce each payment to Subcontractor by the same retention percentage as the Contractor's payment from Owner is reduced. The amounts so withheld and which are due Subcontractor shall be withheld by Contractor until final completion of all work to be performed by Subcontractor and shall be paid to Subcontractor within thirty-five (35) days after completion of Subcontractor's work. Progress payments shall not be construed as an acceptance of any work the entire work being subject to final inspection and approval by Owner. As it would be extremely difficult to fix and ascertain the actual damages the Subcontractor would sustain by non-payment of moneys due to Subcontractor under terns of this agreement at the times and in the manner specified herein, it is hereby agreed by the parties hereto that the Contractor shall pay to the Subcontractor in addition to all sums due hereunder the sum of the percentage per month set forth under Paragraph 3 (a) on the face hereof as a fixed amount of any balance unpaid when due under this agreement. Nothing contained herein shall be deemed a consent by the Subcontractor extending the due date for payment under this agreement. 4. CHANGES IN THE WORK: Contractor may, from time to time, by instructions or drawings issued to Subcontractor, make changes in the scope of work, issue additional instructions, request additional work or direct the omission of work previously ordered, and the provisions of this subcontract shall apply to all such changes, modifications and additions with the same effect as if they were embodied in the original contract. The price or a formula for establishing the price for such work shall be set forth in a written change order either prior to the commencement of work or as soon as practical thereafter. In the event any condition beyond control of either party hereto shall arise and by reason thereof claims shall be made by the subcontractor for adjustment in compensation due under this Subcontract then in such event Contractor shall process such claims to Owner without prejudice to the rights of the party hereunder. 5. INDEMNITY: Subcontractor shall indemnify and hold Contractor harmless against all claims, damage suits, actions, recoveries and judgments arising from or out of any negligence of Subcontractor, its agents, employees, or subcontractors, in performing the work under this subcontract. 6. RESPONSIBILITY FOR WORK: Subcontractor shall be responsible for and shall bear any loss or damage to the work and all materials, supplies, and equipment until completion of this subcontract, unless such loss or damage results from actions, fault or negligence either active or passive of the Owner, Contractor, their agents, employees, subcontractors, or anyone acting on Owner's or Contractor's behalf. 7. INSURANCE: Subcontractor shall maintain such insurance as will protect it from claims under workmen's compensation acts and from claims for damages because of bodily injury, including death, or injury to property which may arise from and during the operation of this subcontract. A certificate of such insurance shall be filed with the Contractor if he so requests. 8. UNAVOIDABLE DELAYS - EXTENSION OF TIME: In the event Subcontractor shall be delayed in the performance of the work under this subcontract by causes beyond the control of the Subcontractor and without the fault or negligence of Subcontractor, including, but not limited to, Change Orders, Acts of God, or of the public enemy, acts of any governmental agency, in either its sovereign or contractual capacity, fire flood, epidemics, strikes, labor disputes, freight embargoes, inclement weather, over optimum moisture content of ground or base course unsuitable ground conditions or delays caused by Vendors, Contractor, or other Subcontractors. Subcontractor shall have such period of time to complete the performance of this subcontract as shall be necessary as result of any such causes. 9. LAWS AND REGULATIONS: Subcontractor shall at all times comply with all applicable laws, ordinances, statutes, rules and regulations of the Federal Government, State, County . Municipalities or their Agencies of Government and particularly those regulations relating to hours and working conditions. 10. BUILDING PERMITS: Building Permits, Inspection Fees, soils test, engineering, staking, fees for utility connections or other such similar items required shall be the responsibility of others. 11. SUBCONTRACTING: Subcontractor shall have the right to subcontract any portion of the work hereunder, and all work performed by subcontractors shall be subject to all of the applicable terns and conditions of the subcontract documents. 12. LIENS AND CLAIMS: Subcontractor shall promptly pay valid claims of all persons, firms or corporations performing labor or furnishing equipment, materials and other items used in, upon or for the work done hereunder. Contractor warrants that subcontractor's rights to mechanic's lien has not been and will not be waived by Contractor or anyone else without specific approval of Subcontractor. Upon request of Contractor, Subcontractor agrees to furnish to Contractor releases of mechanic's lien conditioned to the extent of payments received and which shall be effective only upon payment. 13. FAILURE TO MAKE PAYMENTS: In the event Contractor shall fail to make payment at the times and in the amounts provided for in this agreement, Subcontractor shall have the right to stop work. In such event all amounts due Subcontractor, including retention, shall immediately become payable and Subcontractor shall have the right to recover all damages sustained by Subcontractor as a result of such breach of contract by Contractor. 14. TERMINATION: In the event Subcontractor shall fail to perform any provision of this agreement and such failure should continue for five (5) days after receipt of written notice from Contractor, then Contractor may terminate this subcontract and cause the balance of the work to be completed by other parties. In any such event, if the reasonable cost of such completion exceeds the unpaid balance due on the contract price, Subcontractor shall promptly pay such difference to Contractor on demand. 15. COSTS AND ATTORNEY'S FEES: Should either party bring suit in court to enforce or interpret any of the terms hereof, or for a breach thereof, and/or to foreclose any mechanic's lien attributable to the work done hereunder, the prevailing party shall be entitled to costs and reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which he may be entitled. 16. NOTICES: Any notice required or permitted hereunder may be served personally on the Superintendent of Construction, or on the duly authorized representative of the Contractor at the jobsite, or may be served by certified mail directed to the address of the party shown on the face of this subcontract. 17. ASSIGNMENT: This agreement shall be binding upon and inure to the heirs, successors and assigns of the parties hereto. 18. WAIVER OF RIGHTS: Failure to enforce any rights hereunder shall not waive any rights in respect of other or future occurrences. 19. JURISDICTION: It is understood and agreed that each and every provision of this Subcontract , including any alleged breach thereof, shall be interpreted in accordance with the laws of the State of California and this Subcontract shall be deemed to have been made and entered into at Watsonville, California. California Law requires the following statement to be included in a written contract when the contractor performs work as a prime contractor within the State of California to which the written contract applies. "Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractor's State License Board P.O. Box 26000 Sacramento, CA 95826 FORM 205 REV. Junc 30.1998 .. .. 1 ..; 3'fK .. ATTACHMENT "A" BIDPROPOSAL FOR REILLY HOMES INC TRACT 28838-1 STREET IMPROVEMENTS MADISON STREETS s/o AIRPORT BLVD. LA OUINTA, CALIFORNIA DECEMBER 17. 1998 ITEM #1 0.10' A.C. TOP COURSE 166,000 SF @ 0.175 $29,050.00 ITEM #2 0.15' A.C. BASE COURSE 166,000 SF @ 0.41 68,060.00 ITEM #3 4.5" CLASS 2 BASE 166,000 SF @ 0.320 53,120.00 ITEM #4 HEADERS 100 LF @ 2.00 200.00 TOTAL BID $150,430.00. STIPULATIONS and SPECIAL CONDITIONS 1. OUR BID EXCLUDES: ENGINEERING, INSPECTIONS, SURVEYING, PERMIT FEES - SOIL TESTING - CONSTRUCTION WATER COSTS - ADJUSTMENT OF MANHOLES AND VALVES - STRIPING & SIGNAGE - SEAL COAT - BROOMING & CLEANING BETWEEN PAVING COURSES - SURETY BOND. 2. FINAL BILLING WILL BE BASED UPON MEASUREMENT OF ACTUAL WORK PERFORMED AT UNIT. PRICES HEREIN STATED. 3. THE PRICES QUOTED HEREIN ARE BASED ON UNAPPROVED PLANS AND MAY BE REVISED UPON RECEIPT OF APPROVED PLANS. 4. INCREASES IN MATERIAL AND LABOR COSTS BEYOND JUNE 30, 1999, SHALL BE PASSED ON TO OWNER. 5. THE ABOVE PRICES INCLUDE TWO (2) MOVES TO COMPLETE THE WORK. 6. ROUGH GRADE SHALL BE ±0.1' PRIOR TO MOVE -IN OR MAY BE ACCOMPLISHED UNDER GRANITE'S CURRENT LABOR & EQUIPMENT RENTAL RATES. 3�. Date of Proposal - May 5,1999 Proposal Valid Until - June 5, 1999 e GRRnuE consthut'non comphnump PROPOSAL AND CONSTRUCTION SUBCONTRACT. GRANITE CONSTRUCTION COMPANY, hereafter called "Subcontractor," and Rielly Homes, hereafter called the "Contractor," whose address is 23 Corporate Plaza, Ste. 245,.-Newport Beach,' California 92660, Attn:. Bob Gibbs, Phone (760) 564-7555, Fax (760) 564-7022, agree as follows: 1. Description and Location of Work. Subcontractor agrees to perform the following work: INSTALL MODEL PARKING LOT Located At THE LEGENDS, LA QUINTA CALIFORNIA 2. Plans and Specifications. The above work shall be performed in accordance with the following plans and specifications: SHEET PL-1 OF 3 SHEETS, TKD ASSOC. INC. Such plans and specifications are, by this reference, incorporated herein and made a part of this subcontract, but are not attached. 3. Payment. Contractor shall pay to Subcontractor, as full compensation for all the work hereunder the following amount: a_ In accordance with the provisions of Paragraph 3 on the reverse side hereof, progress payments shall be 100% of the estimate and the sum of 1.5% per month shall be added to any balance unpaid when due. b. The above prices shall include all applicable Sales, Use, Franchise, Excise, and other taxes which may now or hereafter be levied except those specifically excluded herein. c. In the event the above price is a unit price based on quantities, final payment shall be for actual quantities. Each party hereto shall diligently cooperate with the other in making a determination of final quantities on completion of all work hereunder. d_ This Proposal and Construction Subcontract shall be void if Contractor is unable to demonstrate to the satisfaction of Subcontractor prior to commencement of work his ability to make payments for the work to be performed hereunder in the manner and at the times set forth herein. 4. Time. Subcontractor shall commence work hereunder as promptly as practical after the receipt of written notice to proceed from Contractor and shall complete the work in accordance with the agreed upon schedule by and between the Contractor and Subcontractor. At the option of Subcontractor, this agreement shall be void unless notice to proceed is received within ten (10) working days following execution of this agreement by Contractor. 5. Special Conditions. ATTACHMENT "A" 6. Subcontract Documents. The contract documents shall consist of this Agreement and attachments numbered. "A" Executed at If Acceptable, Please Sign Original and Return. Contractor: By: State of California Contractor's License No.: Name of Owner: Address: Name of Construction Lender: _ Address California, GRANITE CONSTRUCTION COMPANY A CALIFORNIA CORPORATION State ofCalifornia Contractor's License No. 89 Address: 38000 Monroe Street Indio, CA 92203 Phone: (760)775-7500 Facsimile: (760) 775-8229 By: JOHN N CONOVALOFF Job No.: This Subcontract is Subject to the Terms and Conditions Appearing on the reverse Side Hereof. 19 FORM 205 REV. June 30, 1998 (^ GENERAL CONDITIONS t, 1. WORKMANSHIP AND MATERIALS: Subcontractor acknowledges that it is familiar with the nature and location of the work. All work shall be performed by Subcontractor in a workmanlike manner, and Subcontractor shall use its best skill and judgment in the performance of all work under this Subcontract. 2. COMMENCEMENT AND PROGRESS: Subcontractor shall commence the performance of this subcontract as soon as practicable following notification by the Contractor to do so, and shall continue diligently to complete such work in conformity with this agreement and in accordance with plans and specifications. Contractor shall establish and maintain all reserved gates necessary for Subcontractor to perform his work. Such reserved gates shall conform to the requirements established by the National Labor Relations Board and /or other regulatory agencies. 3. PAYMENTS: Contractor will receive monthly progress payments from Owner. Within ten (10) days after Contractor receives payment from Owner, or is scheduled to receive payment in the event payments are delayed due to the fault or negligence ofcontractor or other subcontractors. Contractor will pay to Subcontractor the amount which the estimate of Owner shows Subcontractor has eamed during the period covered by such estimate; provided, however, that Contractor will reduce each payment to Subcontractor by the same retention percentage as the Contractor's payment from Owner is reduced. The amounts so withheld and which are due Subcontractor shall be withheld by Contractor until final completion of all work to be performed by Subcontractor and shall be paid to Subcontractor within thirty-five (35) days after completion of Subcontractor's work. Progress payments shall not be construed as an acceptance of any work the entire work being subject to final inspection and approval by Owner. As it would be extremely difficult to fix and ascertain the actual damages the Subcontractor would sustain by non-payment of moneys due to Subcontractor under terms of this agreement at the times and in the manner specified herein, it is hereby agreed by the parties hereto that the Contractor shall pay to the Subcontractor in addition to all sums due hereunder the sum of the percentage per month set forth under Paragraph 3 (a) on the face hereof as a fixed amount of any balance unpaid. when due under this agreement. Nothing contained herein shall be deemed a consent by the Subcontractor extending the due date for payment under this agreement. 4. CHANGES IN THE WORK: Contractor may, from time to time, by instructions or drawings issued to Subcontractor, make changes in the scope of work, issue additional instructions, request additional work or direct the omission of work previously ordered, and the provisions of this subcontract shall apply to all such changes, modifications and additions with the same effect as if they were embodied in the original contract. The price or a formula for establishing the price for such work shall be set forth in a written change order either prior to the commencement of work or as soon as practical thereafter. In the event any condition beyond control of either parry hereto shall arise and by reason thereof claims shall be made by the subcontractor for adjustment in compensation due under this Subcontract then in such event Contractor shall process such claims to Owner without prejudice to the rights of the parry hereunder. 5. INDEMNITY: Subcontractor shall indemnify and hold Contractor harmless against all claims, damage suits, actions, recoveries and judgments arising from or out of any negligence of Subcontractor, its agents, employees, or subcontractors, in performing the work under this subcontract. 6. RESPONSIBILITY FOR WORK: Subcontractor shall be responsible for and shall bear any loss or damage to the work and all materials, supplies, and equipment until completion of this subcontract, unless such loss or damage results from actions, fault or negligence either active or passive of the Owner, Contractor, their agents, employees, subcontractors, or anyone acting on Owner's or Contractor's behalf. 7. INSURANCE: Subcontractor shall maintain such insurance as will protect it from claims under workmen's compensation acts and from claims for damages because of bodily injury, including death, or injury to property which may arise from and during the operation of this subcontract. A certificate of such insurance shall be filed with the Contractor if he so requests. 8. UNAVOIDABLE DELAYS - EXTENSION OF TIME: In the event Subcontractor shall be delayed in the performance of the work under this subcontract by causes beyond the control of the Subcontractor and without the fault or negligence of Subcontractor, including, but not limited to, Change Orders, Acts of God, or of the public enemy, acts of any governmental agency, in either its sovereign or contractual capacity, fire flood, epidemics, strikes, labor disputes, freight embargoes, inclement weather, over optimum moisture content of ground or base course unsuitable ground conditions or delays caused by Vendors, Contractor, or other Subcontractors. Subcontractor shall have such period of time to complete the performance of this subcontract as shall be necessary as result of any such causes. 9. LAWS AND REGULATIONS: Subcontractor shall at all times comply with all applicable laws, ordinances, statutes, rules and regulations of the Federal Government, State, County , Municipalities or their Agencies of Government and particularly those regulations relating to hours and working conditions. 10. BUILDING PERIMITS: Building Permits, Inspection Fees, soils test, engineering, staking, fees for utility connections or other such similar items required shall be the responsibility of others. 11. SUBCONTRACTING: Subcontractor shall have the right to subcontract any portion of the work hereunder , and all work performed by subcontractors shall be subject to all of the applicable terms and conditions of the subcontract documents. 12. LIENS AND CLAIMS: Subcontractor shall promptly pay valid claims of all persons, firths or corporations performing labor or furnishing equipment, materials and other items used in, upon or for the work done hereunder. Contractor warrants that subcontractor's rights to mechanic's lien has not been and will not be waived by Contractor or anyone else without specific approval of Subcontractor. Upon request of Contractor, Subcontractor agrees to fumish to Contractor releases of mechanic's lien conditioned to the extent of payments received and which shall be effective only upon payment. 13. FAILURE TO MAKE PAYMENTS: In the event Contractor shall fail to make payment at the times and in the amounts provided for in this agreement, Subcontractor shall have the right to stop work. In such event all amounts due Subcontractor, including retention, shall immediately become payable and Subcontractor shall have the right to recover all damages sustained by Subcontractor as a result of such breach of contract by Contractor. 14. TERMINATION: In the event Subcontractor shall fail to perform any provision of this agreement and such failure should continue for five (5) days after receipt of written notice from Contractor, then Contractor may terminate this subcontract and cause the balance of the work to be completed by other parties. In any such event, if the reasonable cost of such completion exceeds the unpaid balance due on the contract price, Subcontractor shall promptly pay such difference to Contractor on demand. 15. COSTS AND ATTORNEY'S FEES: Should either party bring suit in court to enforce or interpret any of the terms hereof, or for a breach thereof, and/or to foreclose any mechanic's lien attributable to the work done hereunder, the prevailing party shall be entitled to costs and reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which he may be entitled. 16. NOTICES: Any notice required or permitted hereunder may be served personally on the Superintendent of Construction, or on the duly authorized representative of the Contractor at the jobsite, or may be served by certified mail directed to the address of the party shown on the face of this subcontract. 17. ASSIGNMENT: This agreement shall be binding upon and inure to the heirs, successors and assigns of the parties hereto. 18. WAIVER OF RIGHTS: Failure to enforce any rights hereunder shall not waive any rights in respect of other or future occurrences. 19. JURISDICTION: It is understood and agreed that each and every provision of this Subcontract , including any alleged breach thereof, shall be interpreted in accordance with the laws of the State of California and this Subcontract shall be deemed to have been made and entered into at Watsonville, California. Califomia Law requires the following statement to be included in a written contract when the contractor performs work as a prime contractor within the State of California to which the written contract applies. "Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractor's State License Board P.O. Box 26000 Sacramento, CA 95826 F0R,11 205 REV. June 30. 1998 ITEM # 1 3" ASPHALT CONCRETE ITEM #2 HEADERS ITEM #3 PARKING STALLS BID LUMP SUM OF ATTACHMENT "A" BID PROPOSAL FOR RIELLY HOMES INSTALL MODEL PARKING LOT THE LEGENDS LA OUINTA, CALIFORNIA MAY 5. 1999 6,700.0 SF @ 350.0 LF @ 19.0 EA @ $9,600.00 STIPULATIONS and SPECIAL CONDITIONS 1. OUR BID EXCLUDES': ENGINEERING, INSPECTIONS, SURVEYING, PERMIT FEES - SOIL TESTING - CONSTRUCTION WATER COSTS - UTILITY INSTALLATION, RELOCATION, REMOVAL, ADJUSTMENTS OR ALTERATIONS - FINISH GRADE FOR LANDSCAPING, SWALES AND CONCRETE WORK - IMPORT OR EXPORT OF EARTH MATERIALS - WEEDKILLER - SEAL COAT - AGGREGATE BASE. * BID IS BASED UPON GRADING AND PAVING IN CONJUNCTION WITH TRACT PAVING. 02i09i1999 10:25 SOUTHWEST CONSTRUCTION CO INC �/ 5647022 0. 25 P02 -Southwest Construction Co., Inc. -- ' 2909 P61nbOW VOfley Blvd, UCense No. 465118 F011brook CA 92028 (760) 728-4460 ff FAX (760) 728-8649 '-rip... �r---'F7.rrob>��u"--r...--•-^�.n•"--.......�,.�•r :-.,^7 — -- Rr�Wfrw+K.�3? �z-c--_-;...... ;:,r:.,—.�...x:cr.,aF+:w• � - - - - -------•- •..�.,_.._..,..W......•- , To: RIELLY HOMES, INC. 57-002 1/2 MADISON LA QUINTA, CA 92253 Date: 12— i 7—A 8 PAGE 1 (760) 564-7555 OFFICE ATTN. BOB GIBES (7601 564-7022 FAX RIELLY HOMES, INC, , referred to herein as Buyer. Southwest Construction Co., Inc., referred to herein as Seller; proposes to furnish buyer only the labor and materials listed below Litton the terms set forth herein for the construction of certain concrete improvements (see below) located at: 'THE LEGENDS", PGA WEST, MADISON AVE, LA QUINTA Southwest Construction Go.. Inc proposes to perform In a substantial and workmanlike manner, according to standard practices, the following: TRACT 20838-1 WEDGE CURB 360 4" CURB & GUTTER CURB TRANSITION 60—Bn 10,260 LF @ $7.25 360 LF 0 $7.75 120 LF 0 $7.75 F $74,385.00 2,790.00 930,00 The above improvements will be performed by the Seller for the sum of: SEVENTY—g IGHT ,THO SAND ONE HUNDRED FIVE DOLLARS+tit * *+t>E*aI*>F*fl>E8�1 ****a Buyer understands this price is firm it accepted by JANUARY 17, 1999 Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning the responsibilities of a contactor may be referred to the Registrar of the Board whose address is: Contractors' State License Board, 1020 N. Street, Sacramento, CA 95814. "NOTICE TO OWNER" (Section 7016, 7019-Conlraclors License law) Under the Mechanics' Lien Law. any contractor, subcontractor. laborer, materialman or other person who helps to improve your properly and is not paid (Or his labor, services or material, has a right to enforce his claim against your property. This means that, after a court hearing, your property could be sold by a court officor and the proceeds of the sale used to satisfy the Indootedness. This can happen even it you have paid Your own contractor In full, it the subcontractor, laborer, or supplier remains unpaid. Under the law you may protect yourself against such claims byfiling, before commencing such worK of Improvements, an original contract for the work of improvement ore modification thereof. In the office of the county recorder of the county where the property is situated and requiring That a contractor a payment bond be recorded in such ofllce. Said bond shall be to an amount not less than fifty percent (50%) of the contract Price and shall, in addition to any condhions for the performance of the contract, be conditioned for the payment In full of the claims of all persons furnishing labor, services, equipment or materials for the work described in said contract. THIS MUST BE ACCEPTED IN WRITING HEREON WITHIN FIFTEEN (15) DAYS FROM THE ABOVE DATE. When signed by the Buyer, or his apparent agent, and by Seller, this will constitute a firm contract between both parties hereto, for all labor and materials herein referred to, according to the terms and conditions herein referred to: ACCEPTED: Buyer. RIFT I V NIIMFS� ►N SUBMITTED BY: ANDY JOHNSON Seller. Srli ITHWF RT rr1NSTRl By By: Id 02i09,'1999 10:25 SOUTHWEST CONSTRUCTION CO INC 4 5647022 N0.025 003 1,7__ southwest Construction Co., Inc. ' 2909 Roinbow Valley Blvd. license No, 465118 Follbrook, CA 92028 (760) 728-4460 FAX (760) 728-8649 Fr�i9+a�-�,�. .rai+�'4,rianu.,,,nv-----�r:•,an-.T,.�..�,-gin. - - I�xac?`?�a-�_"="�'-r-,-:ten_ To: RIELLY HOMES, INC. 57-002 1/2 MADISON LA QUINTA, CA 92253 ATTN: BOB GIBBS Date: 12-17-96 PAGE 2 (760) 564-7555 OFFICE (760) 564-7022 FAX R I ELLY HOMES, INC. . referred to herein as Buyer. upon the terms set forth herein for the construction of certain concrete improvements (see below) IOC 0 8 Southwest Construction Co., Inc., referred to herein as Seller, proposes to furnish buyer only the labor and materiefs listed below at: "THE LEGENDS", PGA WEST, MADISON AVE, LA QUINTA Southwest Construction Co.. Inc proposes to perform in a substantial and workmanlike manner, according to standard practices, the following: ALTERNATES: GRADE & COMPACT AT CURB & PER LF $0.60 GUTTER +/— 5/10 INCLUSIONS: TAkE ALL GRADES t/— 1/10 COMPACTED ONE (if MOVE —IN AT CURB & GUTTER ADDITIONAL (ROVE —INS IF REQUIRED: AT CURB & GUTTER PER EA @ 83,000.00 EXCLUSIONS. - SURVEY, TESTING, BACKFILL, TRAFFIC CONTROL, BASE MATERIAL (UNLESS NOTED), SAWCUTTING, REMOVALS & IMPORT OR EXPORT OF MATERIALS NOTE: UNIT PRICES REMAIN FIRM FOR WORK COMPLETED BY MARCH 31 1999 The above improvements will be performed by the Seller for the'sum of: *******�+r�(�*;'r+��r*at•+t*)t-iffttt�t�t�t*�t�#*�*)t(t�tiE*it+rif*(ttEtt�t�ttr(ttEtt#)t**�(�c-�r�t*�t**�ttt�t�ttt�tiE Buyer understands this price is firm it accepted by OCTOBER 16, 1998 Contractors are required by law to be licenses and regulates by the Contractors' State License Board. Any questions concerning the responsibilities of a Contactor may be referred to the Registrar of the Board whose address is: Contractors' State License Board, 1020 N. Street, Sacramento, CA 95814. "NOTICE TO OWNER" (Section 7019. 7019-Cont(actors License Law) Under the Mae panics' Lien Law, any contractor. Subcontractor. laborer, materialman Or other person who holps to improve your property and is not paid for his labor, services or material, has a right to enforce his claim against your property. This means that, after a court hearing, your Properly could be sold by a court officer and the proceeds of the sale used t0 satisfy the indebtedness. This can happan even if you have paid Your own contractor In full, if the subcontractor, laborer, or supplier remains unpaio. Under the law you may protect yourself against such clalma by filing, before commencing such work of improvements, an original contract for the work of improvement ore modification thereof, In the of fica Of the County recorder of the County where the property is situated and requiring that a contractors payment bond be recorded in such office. Said bond shall be in an amount not lass than fifty percent (60%) of tho contract Price and shall. In addition to any conditions for the performance of the contract, be conditioned for the payment In full of the claims o1 all persons furnishing labor, services, equipment or materiels for the work described in said contract. THIS MUST BE ACCEPTED IN WRITING HEREON WITHIN FIFTEEN (15) DAYS FROM THE ABOVE DATE. When signed by the Buyer. Or hiS apparent agent, and by Seller, this will constitute a firm contract between both parties hereto, forall labor and materials herein referred to, according to the terms and conditions herein referred to: ACCEPTED: SUBMITTED BY: ANDY JOHNSON Buyer: RIEI LY HOMFS� iN S9119C St]I ITHlyF-ST ('ONSTRI 1r'T 1 nN r'❑ (NC , By By: The following General and Special Provisions are attached to and made a part of Permit No. a ? 7y GENERAL PROVISIONS The following shall always apply: ENROACH11lENT 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, spelled, or broken during the term of this contract, or if the pavement is marred, City of La Quinta shall request that these portions of road be resurfaced over their entire width. Resurfacing shall consist of one coat of two inches (2") of A.C. surfacing plus appropriate seal cost as specified above. PROTECTION OF TRAMC: All excavations and work areas shall be properly lighted and barricaded as deemed necessary by the City Engineer or La Quinta City Public Works inspectors. Suitable detours and detour signs shall be placed and maintained for the duration of the project. The City shall be notified.24 hours in advance of any traffic detours or delineations. CARE OF DRAINAGE STRUCTURES: Any drainage structure including corrugated metal pipe, concrete pipe, steel culvert and concrete structures encountered during excavation which necessitate removal shall be replaced in kind. In the event it becomes necessary to remove or cut existing drainage structures, City of La Quinta shall be notified 'prior to commencement of this work. Drainage structures and open drains shall be kept free of debris at all times for proper drainage. RIGHT OF WAY CLEANUP: Any surplus material resulting from excavation and backfill operations shall be removed from the right of way. All paved surfaces shall be broomed clean of earth and other objectionable materials immediately after backfill and compaction. Existing gutter line and drainage ditches shall be replaced to their original standard or better. All excess material shall be removed prior to paving. Water tanker shall be used, as required, to sprinkle the job site to keep down dust conditions and shall be used immediately after backfill. DE -WATER OPERATIONS: If de -watering operations are required and pumps are forcing water on City of La Quinta roads, it shall be the responsibility of the permittee (contractor) to control this water and to provide off-street barricades when necessary.. CLOSING STREETS: No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limited access for the adjoining property owners and emergency vehicles. In the event it 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: NOTIFICATION: Permittee shall notify the City at (619)777-7075 at least 48 hours in advance of starting construction. UTIIdTY 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. 6DUTII.1T'Y CLEARANCE: (Surface Structures) No work shall be done under this -permit until all utilities are clear of the proposed work site. The permittee shall notify all concerned utility companies of the proposed work. 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 k461. R5 / 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 (P). 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 and gutter shall be saw cut prior to removal. Depressed curb, matching concrete gutter and concrete driveway approach shall be constructed in conformance with City of La Quinta Standard #207. R8 DRIVEWAYS: A.C. driveways shall be constructed as not to alter existing drainage pattern. Surfacing between the property line and the existing road paving shall be 2 1/2 inches of A.C. paving placed on of class aggregate base. Driveway construction shall conform to attached drawing. RSIGHT CLEARANCE: Sight clearance of 600 feet in all directions shall be assured and maintained at all times. R10 SOIL STERILIZER: The area to be surfaced shall be treated with soil sterilizer. Rate of application shall commply with the manufacturer's specifications. Rl COORDINATE WORK: The proposed work shall be subordinated to any operation which the State of California or City of La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La Quinta forces to preclude delay or interference with State 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 PAVEMENT 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. R15 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 be'placed in lifts of not greater than three feet (3') and vibrated using vibrotamper or equivalent equipment. Alternate methods may be substituted, but in any case, a relative compaction'of 95 percent shall be attained with the structural section of the, roadway. R17 BACKFILL PLACEMENT: Backfill shall be applied. in layers of not more than 50 percent of the total depth of the trench before flooding or a maximum of five-foot (5') lifts where trenches are of excessive depths. Care is to be exercised that the backfill material is not subjected to extreme swell by flooding operations. Backfill material shall be placed so that the resulting compaction shall be not less than 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 water. Where jetting is used, the jets shall be of sufficient length to reach the bottom of each layer and the water supply shall be continuous. R18 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 tests shall be made as outlined in Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated 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 PAVEMENT REPAIRS: After completion of backfill and compaction operations, a temporary patch consisting of 2 inches of SC-800 shall be placed on a prepared subgrade. The SC-800 temporary paving shall be placed after a maximum of 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. PAVEMENT 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 on a inch class base shall be placed no later than days after completion of temporary road repair. FOG SEAL: A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as determined by the City Engineer. STREET RESTRIPING: Where street striping is still visible on streets 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 shall be the responsibility of the permittee to maintain the tree in a vigorous growing condition at its new location. Trees to be removed shall be in sections which can be handled safely without interference or hazard to highway traffic. The entire width of the tree stump shall be removed and disposed of so that no debris remains in view of the highway. The stump hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where is becomes necessary 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.2998 --- RIELLY HOMES INC. --- In addition to the standard permit conditions, the following shall apply: Pursuant to Section 14.16.320 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), all work shall be performed in accordance with the latest edition of the Standard Specifications For Public Works Construction (SSPWC) and as directed by and to the satisfaction of the City Engineer. 2. Rielly Homes Inc., hereinafter referred to as "Permittee", shall be responsible for providing continuous dust and erosion control. All areas shall be kept watered down daily including weekends. Streets shall be kept clean. They shall be completely cleaned at the end of each working day and more frequently if required. 4. Pursuant to Section 6.08.050 of the La Quinta Municipal Code (Ordinance 18 § 1, 1982), throughout the work site, the Permittee shall comply with City regulated work hours. 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 5:30 p.m. Saturday 8:00 a.m. to 5:00 p.m. May Ist to September 30: Monday -Friday 6:00 a.m to 7:00 p.m. Saturday 8:00 a.m. to 5:00 p.m. Work shall be prohibited on legal holidays and Sundays. Work performed within 500 feet of a signalized intersection is restricted between the hours of 9 a.m. - 3 p.m. Traffic control shall be set up after 9 a.m. and removed before 3 p.m. The Permittee shall contact the Riverside Country Traffic Signal Maintenance Department at (909) 275-6894 if signal operation at the intersection is to be altered in any way. 6. Pursuant to Section 14.16.110 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), Permittee 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. 7. Pursuant to Section 14.16:250 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), 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). A traffic control plan, if required, shall be prepared in accordance with the WATCH Manual and submitted to the City for review and approval one (1) week prior to starting any construction. It shall be the Permittee's responsibility to appropriately detour and barricade all construction sites. Special Conditions - Permit No. 2998 Page 1 of 4 SPECIAL CONDITIONS --PERMIT NO.2998 --- RIELLY HOMES INC. --- Pursuant to Section 14.16.290 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), street closures shall not be permitted. A minimum of one travel lane of paved surface shall be maintained with flagmen at all times. 9. Prior to excavating, if required, the Permittee shall contact Underground Service Alert at 1-800-422- 4133. It shall be the Permittee's responsibility to notify the Public Works Department of anticipated excavation which impact City facilities, including but not limited to traffic signal conduits and loops, irrigation lines, electrical conduits, and storm drain facilities. 10. 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. 11. Pursuant to Section 14.16.370 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), backfill compaction within street rights -of -way shall conform with Section 306-1.3 of the latest edition of the Standard Specifications For Public Works Construction (SSPWC), except as otherwise specified herein. Native material may be used as backfill material provided that minimum compaction, achieved in the manner prescribed herein, is achieved. Backfill shall be performed by mechanical means; no water densified compaction via jetting or flooding or other means shall be allowed. It shall be the Permittee's responsibility to provide appropriate geotechnical supervision, testing, and inspection, onsite, at all times during backfill operations. Backfill compaction shall be achieved by the following conditions: A. When a firm foundation is not encountered due to soft, spongy or other unsuitable material, such material shall be removed to the limits directed by the Geotechnical Inspector and/or the City Inspector and the resulting excavation backfilled with pipe bedding material. B. Backfill-materialsshall be brought to or maintained at,an appropriate moisture content for compaction. The appropriate moisture content range shall be established at the onset of the project and ensured prior to use of the materials through progress testing on the stockpiles. C. The first length of trench backfilled shall be backfilled in the presence of the City Inspector. Compaction shall be tested at random depths at approximate three-foot vertical intervals as backfill is placed to ensure the effectiveness of the compaction methods and to establish the depth of lift that can be compacted. D... If lifts greater than one foot are attempted in this trial length of trench, compaction tests shall be taken within the lifts to ensure that the full depth of the lift is compacted. Upon satisfactory completion of this portion of trench, the City Inspector shall establish the maximum lift thickness to be compacted for the remainder of the project. Special Conditions - Permit No. 2998 Page 2 of 4 SPECIAL CONDITIONS --PERMIT NO. 2998 --- RIELLY HOMES INC. --- F. In subsequent lengths of trench, the frequency of compaction tests shall equal one per each lift of backfill, per 3001inear feet of open trench, at randomly selected locations within the open length of trench. G. The depth of the randomly selected compaction tests shall also be randomly selected except that where multiple tests are required in a given length of trench, the tests shall be no closer than three feet (vertically) from each other. H. If any compaction test fails, previously placed backfill (in the same length of open trench or previous lengths of trench) which is represented by the failing test (as determined by the City Inspector), shall be tested for compliance with compaction requirements. All costs incurred, due to the conditions above shall be borne by the Permittee. Copies of all test results shall be flunished to the City Inspector. 12. All excavations within City of La Quinta right-of-way shall be backfilled, and temporarily paved if within the existing travel way, at the end of every workday as directed by and to the satisfaction of the City Engineer for the protection of the public. Lengths of open trench shall not greatly exceed that which can not be backfilled in the same day. Excavated trenches shall not be allowed open overnight, however, Permittee may leave a length of excavated trench, not to exceed twenty (20) feet in length, open overnight at a point where construction will begin the next day, provided that this length of trench is completely covered by steel plating. 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. Pursuant to Section 14.16.375 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), permanent pavement replacement .shall be completed no later than seven (7) days after the completion of the work. Permanent pavement replacement shall conform to the following conditions: A. Existing asphalt concrete pavement shall be sawcut one (1) foot beyond trench edges. Edges shall be straight and clean. B. Permanent pavement replacement structural section, within all trenches, shall be 1" thicker than existing of asphalt concrete over the same existing thickness of crushed aggregate base or crushed miscellaneous base, meeting the requirements of Sections 200-2.2 and 200-2.4 of the Standard Specifications for Public Works Construction. The replaced pavement and base material shall be compacted to 95% relative compaction and respectively tested, for each 300 linear feet of trench. Verify exact structural replacement section thicknesses with the City prior to installation. Special Conditions - Permit No. 2998 - Page 3 of 4 SPECIAL CONDITIONS --PERMIT NO. 2998 --- RIELLY HOMES INC. --- C. Permanent pavement replacement shall be installed using a City approved 3/4" max medium asphalt concrete as the base course lift and a City approved'/2" max medium finish course lift for capping. Asphalt concrete mix design shall be approved by the City prior to its placement. D. For transverse trenches across improved streets, the existing pavement surface, three (3) feet On' either side of the excavated trench, shall be cold -milled to a depth of 0.10', with a "butt" joint created along each edge of the cold -milled area, and a new 0.10' lift of ''/2" max medium asphalt concrete pavement overlay applied throughout the cold -milled area. E. For longitudinal trenches within improved streets, the existing pavement surface, through the lane. width (within lane line striping), shall be cold -milled to a depth of 0.10', with a "butt" joint created along each edge of the cold -milled area, and a new 0.10' lift of %2" max medium asphalt concrete pavement overlay applied throughout the cold -milled area. F. If grinding and capping operations are not performed in the same day as base paving operations, the base course lift of 3/4" max medium asphalt concrete shall be installed from saw -cut edge to saw -cut edge flush with the existing street surface. The base course' lift of paving shall not be left 0.10' low in anticipation of grinding. and capping. F. Any existing lane striping affected by this resurfacing shall be replaced in kind by the Permittee, as directed by and to the satisfaction of the City Engineer. Affected traffic signal loops shall be removed and replaced in kind. The finished pavement surface shall be smooth, consistent, and shall conform to the surrounding grades. 16. Permittee shall notify the City of La Quinta Public Works Department a minimum of 48 hours prior . to commencement of any construction at (760) 777-7075. 17. Permittee shall permanently stabilize any and 'all soil that was disturbed as a result of work performed under this permit with an approved dust control treatment. Soil stabilization shall be done immediately after completing the operation. 18. Pursuant to Chapter 12.56 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982) the City has designated certain city streets as Truck Routes. The weight limit for restricted streets (i.e., streets not part of the 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/or equipment. 19. This permit allows for the installation of the curb and gutter, parking lot, and street paving at Madison and Airport Blvd per tract No. 28838-1. 20. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. Special Conditions - Permit No. 2998 Page 4 of 4 s,',zirb�:des�i�ed;�'.b'nd `complete-iiterns '8ENIjER-.,,C6m0lbtb'�Jt6ms ,land!.%. -. - 1 1, :-:2",'wh6n: additi6 nal i service 4' ",' do thitwill 11 prdvent 'this -card in the ­RETURNJE)­.Space on fbe wv&6e.'�ide. *6ilure to Put 0Uvabdress f the�narne-_6f.ihe.Derkn delivered to and fror6 beih�.rreturned to y-6u."Thesety— ­­t tma.ste.r for'.fees 4the�,�-_datd,bf�',tdl6elivyer For add—it—iona I —t ie o i n, services, are, available�.'Cpnsult:pos c eg�� I rvi e e" 0. s a. an 0c.' 'bx Ls 7 6raddqibna se. ce(s). qu . is: '2�..,.&.R�itridted' 061ivery -sh; w.f6 o Vef6d,,date,-a addressee whom (Fxtra, charge), j -3'.'Aiti6ie--Addres§ed �lo: umber LAMCO p 16940 VON KARMAN AVEUE SUITE 200 IRVINE CA 92606 ns in a,' for' Ell To dise 7_0A e., ndIDAT E i, 5 W-�v egsl ignature rl-L-�Addies§� X­­ - i (�NLKif- 6Signatur e Agent ­ ix+.. < -7.' Date +;of.,.Delivery -.1'�.. 1989-238-8 il�i 'RETURN; RECEIPT,', *.US.G.R0. MOMESTIC,� 9 g SUPERIOR READY MIX CONCRETE, L.P. Weighed at 72270 Varner Road Thousand Palms, CA 92276 (760)343-3418 MAIN OFFICE 1508 W. MISSION FOAD • ESCONDIDO, CA 92029 PHONE: (760) 745-0556 t I 1 i DELIVERY TICKET 061237->-j- �: - WEIGHMASTER CERTIFICATE THIS IS TO CERTIFY that the following described commodity was weighed, measured, or counted by a weighmaster, whose signature is On this certificate, who is a recognized authority Of accuracy, as prescribed by Chapter 7 (commencing with section 127001 of Division 5 of the California Business and Professions Code, administered by the Division of Measurement Standards of the California Department of Food and Agriculture. DATE CUSTOMER NO. .t S.t�G�:5i9 _ORDER NO. ;:�':) CUSTOMER P.O. OR JOB NO. „•, PLANT,No.� _DELIVERY 173 _TICKET NO. 735A1. ?2 7f 8f99 CUSTOMER NAME ;J SOUTHWEST C:C3NSTf�?..li ;`( i CAN COMPANY, INC. l:jfal?0- Dl l4 MILE SO. DF AIRPORT RPORT BLVD. ON LEFT JOB ADDRESS _ (13114)) RILEY HOMES (f gii wsn, - 1._1:4 QUINTA DESIGN _11VLROCK (LBS.)_ _y," ROCK (LBS_)_ �LBS._SA_ND I —LBS._CEMENT— —SACK-1—WATER-1— ADD_MIX-(LBS.): DE> 153E t ,�.. SUPERIOR READY MIX CONCRETE ,T P. WEIGHMASTER ~ G �� DEPUTY TRUCK Cs`. 8 _DRIVER- DENNIS WEEKS CUBIC YARDS TOTAL C/Y DESCRIPTION PRODUCT CODE UNIT PRICE TAX AMOUNT 9. 50 4i:- i • ,: (0 20—C --200 08 553C YARDS TO GO Y.: S .. '50 Lj S \l l L In the event of delivery beyond curb1ine, this company will not'assume liability for(damage to sidewalk, driveway, utility lines, TOTAL THIS ORDER t meters, septic systems, or any other property. Materials hereby sold become property of purchaser at point of origin. The purchaser shall in no event accept deliveries of materials not in accord with the agreement of the parties, but such materials STAND-BY TIME THIS TICKEtt PREVIOUS STAND-BY shall be refused by the purchaser and returned to the seller with a written staienient of the reason for the refusal thereof. No cancellation accepted after concrete has been loaded in carrier's trucks at our plant. Customer is to provide for and assume �. responsibility for area or container for clean out of concrete truck chute. Any discharge to watercourses, street gutters or stormdrains is a violation of law. Concrete is a structural building material warranteed only to meet ASTM standards. Some imperfections and popouts may occur for which supplier is not responsible. PLANT J 'OUT 7 .,•' 3 • 1 3:5 1 UNUSUAL INCIDENT, OF N,O�E ON THIS DELIVERY RECEIVE IN GOOD CONDITION B .. It I MAXIMUM r=-• 00 - SLUMP IN y`\ • WATER ADDED AT CUSTOMER'S X 1,` ._-_� CUSTOMER/SIGNATURE Cement f • ' ! 1 \ CAUTIONI powder or freshly mx ed con �rete„gaout or mortar may cause skin injury. Avoid contact with skin and wash exposed skin areas promptly with_water. If any cement powder or mixture �., ,/ \r gets into the eyes, rinse immediately and repeatedly with water and`et prompt medical aRention. Keep children away from cement powder and all freshly mixed cement products. REQUEST GALLONS •ESTIMATED SLUMP ATUNLOADING - . i ON JOB S' DEPART UNLOADIN� .G r START - .• iry ANY WATER ADDED TO MIX ON THE JOB WILL BE AT THE PURCHASER'S RISK INCHES Al RIVAL �J�(L�/J FINISH 30 NOT RESPONSIBLE FOR ULTIMATE QUALITY OF CONCRETE IF ANY INGREDIENTS ARE ADDED • WAITING AND/OR UNLOADING — AFTER LEAVING PLANT. READY Stand-by and/or dumping time in excess of 4 minutes per yara will oe cnargea. TIME HOUR TO UNLOAD �jz� DELIVERY V