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4536I 1'�, NOTE: _ With proper validation this form constitutes an encroachment permit i i 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:, No*)eittirar, 7 2005 Subdivision Improvement Permit — Class I II Minor Improvement Permit Class IV LOCATION OF CONSTRUCTION / /-Monroe Street & Avenue 60 'TYL 32398 Project.- Levendas (Street address or Description of Location) PURPOSE OF CONSTRUCTION Grading; See PSN 0 519 L Sketch (attach construction plans if appropriate) DESCRIPTION OF -CONSTRUCTION Grading DIMENSION OF INSTALLATION OR REMOVAL SIZE OF EXCAVATION, IF NEEDED APPROXIMATE TIME WHEN WORK WILL BEGIN hinvembAr 9. 21105 APPROXIMATE TIME OF COMPLETION JAnusiry 15, 70m ESTIMATED CONSTRUCTION COST $ 1 ; 581 )46,00 (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: Pending Plan Sep S-0/�Ij(6105 ' 0. 1 4.. f . Cs / `o' 5,3 ENTIERE® VtN,51 1 2005 Indemnify, defend• and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application. Notify the Administrative Authority at least twenty-four (24) hours in advance of the time when work will be started. Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulations of the City of La Quinta and to pay for any additional replacement necessary as the result of this work. Antonia Cooney (909) 937-3270 Signature of Applicant or Agent P. Hovnanian/Forecast Homes 4240 F. 3urupa Suite 402 Ontario, CA (909) 937-3270 Name of Applicant (please print) Business Address Telephone No. Same as above Name of Contractor and Job Foreman Business Address Telephone No. .826557. 5202 Contractor's License No. City Business License No. Steadfast insurance Company HBP343666202 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 t Penalty Cash Deposit -Surety Bond if required TOTAL: Receipt No. $ 41,660.00 100.00' $ 42,760.00 Received by Date 'i � 4536 PERMIT VALIDATION PERMIT NO. 4536 DATE APPROVED �%� 05 EXPIRATION DATE ( Z1 5 G DATE, (ISSUED By Administrative Authority Recorded by I Telephone: (760) 777-7075 j,. �M ...... .. iC woRIcs-DEPA-RTM APPLICATION FOR PERMIT • Date: a Location of Construction: IIQWK Purpose of Construction: V (N c 0 Description of Constriction: -Dimension of Installation or Removal: ee (� -set I,J,, Approximate Construction Start Date: l ( D D Approximate Construction Completion DateD 5- p Estimatod Construction Cost:o�6�__'5�;,�a— Fstimabod Omhuction C3ost" include the removal of all obsttuctlaw Mob back-Ifflin& cguqmcd6n and Paid& pamanoat ray M&Cing and or replacft imp ovomeob, Contact Name: Phone Name of Applicant: _ Applicant Address:' p Applicant Telephone Number: 3� Name of Contractor: .. b ContractorAddress.., Q L Contractor Telephone Number, ! Contractor State License Number: I V, , Contractor City Business License Number: '' D ► A C PY OF WE CURRENT JNgM&CE CERTI)!'ICATE MUST BE pR VIDED plicant or Contractor General Liability Llsttrance Company; ' .A _ a . . w_. . _ _A . . _ Applicant or Contractor General Liability Insurance Policy Number: S1-v�,cf:�rs - Ins Co. 41P,P_14q-21'Lc.1n Office iTse Only: hwpvction Fee: _ 1 I• l7 b �./r c� l� Per►nit Fee: As -Built Dust Conhvl Deposit: Chdit Amount: TOTAL FEE DUE: Z i 76 Office Use Only: Assipod Pma Number. � 5 3 6 Approval D'atc: Mipbution Data llsue Data Administrative Authority; . � ` t�^� � � ' .r 1 r` �. � t � a t.. ��t•25. 2005 S.00PM . No,2303 P- 3 j K. Hovnanian Forecast Homes. Ina, For the Constmction of the Revision 2 LA Quinfal 390 - TRACT 32398 - Phase 1 ROUGH GRADING ConsisOng of the followft estimated quantities: Item Numlmt Description Estimated Quantity Unit Price Tofal Amount Standard/ sipecirication 1 MOBILISATION 1 LS $23,235.00 $23,235.00 2 CONSTRUCTION WATER 1 L8 $88 1 Z0.00 �D WATER FOR DUST $88,120.00 (occurs Pft- ATM 3 CLEAR & GRUB MISC. DEBRIS N/A LS SNE Has BEEN CUARED* 4 MASS EXCAVATION 110,233 CY $1,25 $137,791.25 3 PAD OVER rzXCAVATION 219,178 CY $1.25 $273,972.50 8 STREET OVER EXCAVATION 19,690 CY' $1.25 $24,612,50 7 FINISH LOT PADS 205 EA $695.00 $121,975.00 8 FINISH STREETS 531,592 SF $0.09 $47,843.28 9 FINISH RETENTION BASINS 201,760 SF $0,25 . $65,440,00 10 IMPORT 13,20D CY $1.25 $10.500.00 &uuwom hwn Phase 0 11 SAND BAGS IN PLACE - EROSION CONTROL . 1 $1.95 UNRPIM 12 SILT FENCE 1 LF $2.55 UNITPFwE. 13 FINISH LANDSCAPE & HARDSCAPE AREAS SF $45,540.45 14 EXCAVATE & STOCKPILE . 15.000 CY $1.25 $18,750,00 TOTAL BASE BID IN NUMBERS: $ $843,779.98 TOTAL BASE BID IN WORDS: LA QUINTA - TRACT 32398 General Plovlslons RoUgh Grading uCt.lo• zu ub blDPM No,2303 P- 2 K Hovnanian Forecast Homes. Inc. For the Construction of the Revision 2 La Guinta 300 - TRACT 32396 - ph ROUGH GRADING Consisting of the following estimated quantities: Item Number ir Descri on p Estimated Quantity . unit Pncc Total Amount Standard! Specification 1 MOBILIZATION 1 LS $20,015-00 $20,915.00 2 CONSTRUCTION WATER 4 1 LS $38,4 O.DO $381,410.00 INC=ES WATER FOR DUST (excauoe wtE- WATER) 3 CLEAR & GRUB MISC. DEBRIS NIA LS srre W WENaEAMM 4 MASS EXCAVATION 972 CY $1.25 $73,715.00 5 PAD OVER EXCAVATION326 CY fl3,1973 $1.25 $236,687,50 6 STREET OVER EXCAVATION CY $1.25 $17f186.25 7 FINISH LOT PADS 185 EA $595.00 $110,075.00 . 8 FINISH STREETS 513,630 SF $0.09 W,226,70 9 FINISH RETENTION BASINS 123,171 SF $0.2.5 $30,792-75 10 PLACE IMPORT $5,232 CY $1.25 $106.540,00 Fm. pes. u 1 i SAND SAGS IN PLACE - EROSION CONTROL 1 EA.$1.95 Arr MCE 12 SILT FENCE 1 LF $2.65 Uwr PMOE 13 FINISH LANDSCAPE & HARDSCAPE AREAS 649,641 SP $58,4f37.69 TOTAL BASE BID IN NUMBERS: $ $739,265.89 TOTAL BASE BID IN WORDS: Ganmral PnwWons, Y LA QUINTA- TRACT 32SM Rough Grading ✓/✓� �A 0 5) FORECAST HOMES a K. ova aunian CompaAy HGMtE FOR A NEW GEN.E2ATION K. HO PNANIAN HOMES, INC. LAND PLAN�O'RECAST IN'G DEPARTMENT FACSIMILE TI%ANSMITTAL SHEET Tony Colarossi Antonia T. Cooney COMPANY: DATE; City of La Quints.— Public Works 11/2/05 rAX NUNMEk. TUTAL NO, Or' PAQrS INCLUDING COVER: (760)- 777-7155 11 Sr NDFA'S i EFr•.RENCE NUMIiG L TR 32398 Rough Grading La Quinta 390 — Tract 32398 bURG•ENT ' I&OR REVIEW ❑ PLEASE COMMENT ❑ PLEASE R11-PLY ❑ PLEASE RFCYCLE NOTES/CUMMLNTS: Tony, Attached; for your review and processing, is the application for the rough grading permit for Tract 32398.' We should,have the bond by Friday 11/4/05. But in the mean time I think I need to get a check, thus the reason for me faxing all the attached paperwork - Please let me knots the amounr(s) for the permit fee, inspection fee, and any other item I maybe missing and may keep us from g 'fting the. rough grading permit. Thank you Tonyl 4240 L�. JURUPA ST., S'UITR 402 ONTARIO, CA 91761 909 937-3270 EXT. 1180 ,Rai R FORECAST HOMES •,:;,.,,.• . ' '�• a e;:.��i;ir?;,,,.'' d�,^ P EL. Ficwnar0a11 C_umpeny HOMkS FOR A NEW 6ENEwF-0-H B. HOVNANIAN'F0RECAST HOMES, INC. LAND PLANNING DEPARTMENT FACSIMILE TRANSMITTAL SHEET TO: F'RC)M: Tony Colarossi Antonia T. Cooney COMPANY: DATE; City of La Quints — Public Wotks 11 /2/05 . FAX N1)MREjL- 1'UTAI.. NO, C)F PAGP.$ [NCLUnTNG COVER (760) 777-7155 11 RF: SLNDRR'S REFERENCE NLMnr•.R: TR 32398 Rough Grading La Quints 390 —Tract 32398 ¢JURC*TN•1' Or -OR RF.VTI;W ❑ PLEASE COMMENT ❑ P.T.'EASL_ RFPLY ❑ P.UASE RRCYCLE NOTEr /(-0>•tMENTS: Tony, Attached is the engineer's estimate. Please note that although the title on the top left side reads: " 3239$-1" the rough grading estimate is for both 32398-1 and 32398-2. Chris Bergh at ]ADS will fax you a signed copy. In the mean tune I will. go ahead and make my check request for $42,760.00. Thanks Tonyl 4240 K. JURUPA ST., SUIT1; 402 / ONTATtlo, rA 91761 909 937-3270 6XT. 11140 IVIDS CONSULTING • PLANNING, ENGINEERING, SURVEYING IRVINE/CORONA/LA QUINTA COST ESTIMATE FOR BOND PURPOSES Tract No. 32398-1, 195 Lots, City of La Quinta On -Site Improvements PREPARED: OCTOBER 14, 2005 ITEM QUANTITY UNIT COST COST ROUGH GRADING: SITE PREPARATION 100 AC* 100.00 $ 10,000 EXCAVATION AND COMPACTION 142,900 Cr 4.00 $ 571,904 IMPORT 140,520 CY* 6.00. $ 843,120 " FINISH PADS 195 DU* 500.00 $ 97,500 TOTAL ESTIMATED ROUGH GRADING: $ 1,522,524 SEWER IMPRO NTS: CONSTRUCT 12" V.C.P. SEWER 2,896 LF 30.00 $ 86,680 CONSTRUCT 8" V.C.P. SEWER 7,265 LF 30.00 $ 217,950 CONSTRUCT 4" V.C.P. SEWER LATERAL 195 EA. ' 800.00 $ 156,000 CONSTRUCT SEWER MANHOLE 48" DIAMETER 46 EA 2,500.00 $ 115,000 CONSTRUCTS" V.C.P. CLEAN -OUT 2 EA 750.00 $. 1,500 TOTAL ESTIMATED SEWER IMPROVEMENTS: S 677,330 WATER IMPROVEMENTS: CONSTRUCT 12" DIP WATERMAIN (POLYETHYLENE. ENCASED) 2,066 LF 40.00 $ 82,640 CONSTRUCT 8" DIP WATERMAIN (POLYETHYLENE ENCASED)' 9,662 LF 30.00 $ 289,860 CONSTRUCT 6" FIRE HYDRANT ASSEMBLY (WET BARREL) 26 EA 3,500.00 $ 91,000 CONSTRUCT 1" SERVICE (314" METER) 195 EA 800.00 $ 1500 t3,0 CONSTRUCT 2" SERVICE (1 1/2" METER) 2 EA 1,000.00 $ 2,000 TOTAL ESTIMATED WATER IMPROVEMENTS: $ 621,500 'Tracts 32398-1 and 32398-2 are to be graded as one PmJect to achieve an earthwork balance. Amounts shown are the total of both projects. SCHUMACHERINTERESTS TRACT NO, 32398-1 CITY OF LA.QUINTA W6310MCESn80ND1 . TR 32398-1.xts CODDY nrmueaasiuu FORECAST HOMES � 2} �i ..k�lf�tM3ii f� r3hi3NNJl;lll s4>gt% 3 it K. If "nza;n ornpany . N 0 M E S FUR A NEW GENERATION K. .HOVNANIAN FORECAST HOMES, INC. LAND PLANNING DEPARTMENT FACSIMILE TRANSMITTAL, SHEET TO: FROM: Tony Colarossi A t)tonia Cooney COMPANY: DATR: City of La Quinta/Public Works. 11/15/05 FAX NUMBER TOTAL NO. OF PAGp.S TNCI.UDTNG COVER: 760-777-7155 . RR SRNDCR'S REFERENCE NUMBER: TR 32398 909=390-5656 ❑URGENT ❑FOR REVIEW ❑ PLEASE COMMENT ❑PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: For the Archeologists Contract for TR # 32398 for Rough Gxa&ng Permits 4240 E. JURUFA ST., SUITE 402 ONTARIO, CA 91761 909 937-3270 0 Vendor: CRM TECH Contract: TR 32398 ARCHAE.LOGICAL & PALEONTOLOGICAL Project Account: 101.57,91.00 LA QUINTA 390 CONTRACT# 182119 AGREEMENT TO ENGAGE PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 2ND day of NOVEMBER 2005, by and between K. HOVNANIAN COOPERATIVE, INC., a Virginia Corporation ("Client") and CRM TECH ("Consultant") provides as follows: WHEREAS, Client intends to develop a portion, of Tract/Parcel No. 32398 in the City of LA QUINTA, County of RIVERSIDE, California (the "Project' ); and WHEREAS, Client intends to engage Consultant to provide the Services (defined below); and WHEREAS, Consultant desires to perform the Services; and NOW, THEREFORE, Client and Consultant, in consideration of the mutual covenants, conditions, promises, undertakings and agreements hereinafter set forth, agree as follows: ARTICLE I CONSULTANT'S UNDERTAKING A. Consultant agrees to perform certain consulting, advisory and/or testing services for Client as are described in the Scope of Work which is attached hereto as Exhibit "A" (the "Services'). The Services shall further be performed in accordance with the Projcct .Schedule (Exhibit `B') and Estimate of Charges (Exhibit "C'). All Exhibits are addenda to, and are subject to, the terms of this Agreement. In the event of an inconsistency between the terms of the Agreement and a term of any Exhibit attached hereto, the Agreement shall control. B. .All reports, samples, drawings, specifications, tracings, reaps, data sheets, renderings, models and other like documents prepared under this Agreement, as instruments of. the Services, are and shall remain the property of Consultant. Consultant further agrees not to use or disclose the content of any of the documents hereinbefore .referred to, except for the use and benefit of Client, without the express prior written consent of Client. C. All reports, samples, findings, recommendati.on.s, professional opinions, maps, drawings and other like documents, prepared by Consultant for the use and benefit of Client, shall be signed by Consultant prior to or contemporaneously with their delivery to Client. U. If required by the Scope of Work contained in Exhibit "A", Consultant shall have a representative on -site at the Project to perform continuous monitoring of the quality of the Client: Consultant: 1 Contract# 1.821.1.9 Services and to determine if the work is proceeding in accordance with the Scope of Work, the Project Schedule and the Estimate of Charges. ARTICLE II PROJECT SCHEDULE Consultant shall perform the services set forth in the Scope of Services in accordance with the Project Schedule as depicted in Exhibit "B". ARTICLE III ESTIMATE CHARGES AND PAXMBNT CONDITIONS In. the Estimate of Charges .where charges are "not to exceed" a specified sum, Consultant shall notify Client before such sum is exceeded and shall not continue -to provide the Services beyond such sum unless Client authorizes an increase in the sum. If a "not to exceed" sum is broken down into budgets for specific tasks, the task budget may be exceeded without Client authorisation as long as the total sum is not exceeded. Unless otherwise stated in the Estimate of Charges, the method of charging for the Services shall be on a time and materials basis and shall be based on the Schedule of Fees and Charges attached hereto as Exhibit "D'. Con.sultant hereby agrees to notify Client beforre such sum is exceeded and shall not continue to provide the Services beyond said Sum. • unless Client authorizes an increase by notifying' Consultant in writing of such authorization.. ARTICLE IV REIMBURSABLE EXPENSES Reimbursable expenses are in addition to the compensation for basic and additional services and .include actual expenditures made .by the Consultant or its employees on behalf of the project for the expenses listed in the following subparagraphs, only after the Consultant receives the prior written authorization from Client to incur said expenses. Consultant shall not be entitled to any service charge, admirxistrative fee or mark up of any Reimbursable Expense. - . ARTICLE V ADDITIONAL SERVICES A. At the written request of the Client, the Consultant shall perform additional services. B. Payment for additional services authorized by the Client will be set forth in an amendment to this Agreement which shall be signed by both Client and Consultant. ARTICLE VI INVOICES Unless otherwise agreed in writing, attached hereto, fees and all other. charges will be billed monthly by Consultant as the work progresses, and the net amount shall. be due within thirty (30) days from the date of receipt of invoice. cucnC Cnnsultnnt: 2 Contract# 182119 ARTICLE V U STANDARD. OF PERFORMANCE ' A. The findings, recommendations, specifications or professional opinions of Consultant, will be presented after being prepared Va accordance with generally accepted practices of Consultant's discipline and area of expertise. B. Consultant makes no representation coneerning the cost figures made in connection with the.maps, plans, specifications or drawings prepared by Comultaut, other than that all cost figures are estimates only and the Consultant cannot be responsible .for. tluctuation.s in cost factors. C. Consultant represents that the Services shall be perforrn.ed, within the limits prescribed by Client, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants, in the same field, under similar circumstances at the time the Services are performed. ARTICLE VIII CLIENT'S RESPONSIBILITIES: A. The Client shall provide full information regarding his requirements for the Project as expeditiously as possible for the orderly progress of the work. B. ' The Client shall examine all documents prepared under this Agreement and shall render decisions that pertain thereto promptly in order to avoid unreasonable delay in the progress of the Consultant's work: ARTICLE IX INDEMNIFICATION To the fullest extent permitted by law, Consultant agrees to defend, indemnify and bold Client, its representatives and employees (collectively, the "Indemnitees") harmless from. and against all loss, damage, liability, expense, cost, claim, demand or lien arising out of injury (bodily.injury and/or personal injury) to or death of persons (including, but not limited to, any employee of Consultant or Indemnitees), loss of, loss of use of, or damage to property, to the extent such damage or loss, arises out of, directly or indirectly, from(i) Consultant's negligence and or (ii) Consultant's breach or default of its obligations hereunder on a comparative basis of fault. The foregoing indemnification expresses the bargained -for negotiation and agreemeni of Client and Consultant with respect to the allocation, release, liquidation, exclusion and limitation; as between Client and Consultant, of any liability described above. Such indemnity Shall survive the completion of, Consultant's work and shall be binding upon Consultant, its successors and assigns. cliont Consultant: 3 Contcact# 182119 ARTICLE X INSURANCE Consultant shall, at his own expense, procure and maintain during the course of this Agreement, and prior to commencing work, shall deposit with Client evidencing the same, a policy of Public Liability and Property Damage Insurance coverage in the sum of not less than $1,000,000.00 and a policy of Errors and Omissions Insurance coverage iri. the sum. of not less than $1,000,000.00 containing deductibles no greater than $20,000 per each policy and a policy of Workmen's Compensation Insurance issued by insurance companies and in amounts acceptable to Client insuring Client against loss or liability .for. the injury to or death of any person or persons or for damage or destruction, i.ncludin.g loss of use of any property, caused by or connected lwith the performance of work by Consultant, his agents, employees or servants under this Agreement. ARTICLE XI ASSIGNMENT Neither Client nor Consultant shall assign or transfer their respective interests in this Agreement without the prior written consent of the other party and any attempt to assign any interest in this Agreement without such prior written consent of the other party hereto, shall be null and void and of no force or effect whatsoever. Notwithstanding the above, Client may assign its rights and interests under this Agreement to an affiliated or subsidiary company or to a partnership or limited liability company in which Client is the managing partner or member. All of the terms and provisions of this Agreement shall inure to the benefit of and be binding on the successors and assigns of both parties hereto. ARTICLE XII TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven (7) days prior written notice. In the event of termination, Consultant shall be paid his compensation for. services performed to termination date, including previously approved additional and reimbursable expenses then remaining unpaid. All work done by Consultant at the time of termination shall be delivered to Client within seven (7) days after said termination. ARTICLE X.M LITIGATION AND DAMAGES, CHOICE OF LAW A. In the event of litigation on. this Agreement, all witness fees, court costs, attomeys' fees and other litigation. expenses shall be paid to the prevailing party by the other party. Further, in the event a judgment for money is obtained. by dither party as a result of such litigation, said money judgment shall include and bear interest at the rate of ten percent (10%) per annuna. from the point in time interest begins to accrue. client-4Consultant: 14 4 Contract# 182119 B. It is hereby declared to be the express intention of the parties hereto, and each of tbern, that the laws of the State of California shall govern and be determinative for any and all questions, controversies, claims or of any litigation arising from this Agreement. C. Either Party may elect to arbitrate any dispute arising under this Agreement pursuant to the rules and regulations of JAMS/Endispute located at 500 N. State College Blvd., Ste. 600, Orange, California 92868 ("JAMS"). In the event of such election, the procedure of this Section shall constitute a binding and non -appealable procedure for arbitrating and resolving any such dispute. Election of either Party to arbitrate shall be made by filing a demand in writing with the other Party by registered, certified or overnight mail, with a copy to JAMS. The demand shall be made within. twenty (20) days after the occurrence of the event causing the dispute, or within ten (10) days after the first written notice by either Party that further t egotiation is unlikely to result in a compromise resolution of the matter. JAMS shall submit a list of six (6) proposed arbitrators who have at least ten (10) years experience in residential subdivision development or real estate construction litigation and whose primary place of business is within fifty (50) miles of the Project. Within ten (10) days after .receipt of such list, the parties shall each notify JAMS, in writing, of its selection of, four (a) proposed arbitrators. JAMS shall, within ten (10) days thereafter, select an arbitrator who is acceptable to both parties, to act as arbitrator in the matter. Except as expressly set forth .in. this paragraph the arbitrator's decision shall be final, binding and non. -appealable to the fullest extent permitted by law. No one shall act as an arbitrator who is in any way financially interested in. the Project or business affairs of either Party. Should either party .refuse or neglect to appoint an arbitrator within ten. (1.0) days after receipt of the list of arbitrators provided by JAMS, or to furnish the arbitrator with any necessary papers or information, JAMS shall appoint an arbitrator selected by the other Party and the arbitrator appointed in compliance with. this Section is empowered by both parties to proceed on their own initiative. The decision of the arbitrator shall be final. The arbitrator, if he/she so deems, is authorized to award to the Party whose contention is upheld such sums as he/she deems proper for the time, expense, and trouble incident to the arbitration. The Arbitrator shall fix his/her own compensation, unless previously otherwise agreed upon by the Parties, and shall assess the costs and charges of the arbitration on either or both Parties. The arbitrator shall, without exception, follow California law. Any decision of the arbitrator which does not follow California law is void, shall not be subject to confirmation as a judgment, and shall be. subject to appeal. The award rendered by the arbitrator must be accompanied by a written decision of the arbitrator that contains findings of fact and conclusions of law. NOTICE: BY .LN.I.TIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY JURY TRIAL. BY .INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFCALLY INCLUDED HEREIN. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE Client consuR=ehF i' 5 Contract# 1.821.19 CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. . t "Consultant's Signatu ARTICLE XIV ENTIRE AGREEMENT This writing constitutes the entire .A.greletnent ofthe parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. There are no .representations, warranties, conditions or obligations except as herein. specifically provided. Any .waiver, amendment or modification hereof must be in writing signed by both. parties. A waiver of any term, condition or covenant shall not be deemed to be a continuing waiver or a waiver in any subsequent breach of the same or any other term, condition or covenant. ARTICLE XV NOTICES All 'notices, consents, requests, instructions, approvals and other communications provided far herein shall be deemed validly given, at the earlier to occur of personal delivery or seventy-two (72) hours after deposit in the United Stated Registered or Certified Mail, postage prepaid, or if by fax. upon. written confirmation of successful transmission by the sending fax machine, and addressed to the respective party as follows: To Client: K. HOVNANXAN COOPERATIVE, INC. 800 N. Haven Ave., Suite 400 Ontario, CA 91764 Phone:909/942-5888 Fax:909/481-7361 To Consultant: CRM TECH 4472 Orange Street Riverside, CA 92501 Ph.one:951/.784-3051 Fax:951/784-2987 The parties from . time. to time change the address to which such notices, request, or demands maybe sent by giving the other party written notice of such change. Client: consuluml; 6 Contract# 182119 ARTICLE XVI MISCELLANEOUS A. Upon written request, each of the parties hereto shall execute and deliver or cause to be executed and delivered., such additional instruments and documents as may be necessary or convenient to carry out the terns of this Agreement.. B. In the event any 'provision of this Agreement is held to be invalid. and unenforceable by a court of competent jurisdiction, such holding shall not affect the validity of any other covenant, condition, term or provision of this Agreement. IN WITNESS WHFREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. "CLIENT" "CONSULTANT" K. HOVNANIAN COOPERATWE, INC., Name: 6,PYVI TEC� a Virginia Co or n By: Its: Its: . t G FO Exhibit "A Scope of Work Exhibit "B" Project Schedule Exhibit "C" Estimate of Charges Exhibit "D" Schedule of Fees and Charges Clicnt: Consultant 7 Contract#= 182119 Exhibit "A" Scope of Work Based on the requirements of the City of La Quinta, the Client requests that consultation with the Native Americans and with the City by conducted and that clearing, grading, and other earthmoving operations on the subject property be monitored by a qualified archaeologist and paleontologist. In order to satisfy the Client's needs, CRM TECH proposes to accomplish the following tasks: o Contact the Native American Heritage Commission and ask them. to complete a sacred lands record search; consult with local native American representatives; and consult with the City of La Quinta regarding this project. o Provide on -site monitoring during clearing, over —excavation, grading, trenching and/or other earth -moving operations; if cultural or paleontological resources are encountered during this time, the archaeologist / paleontologist shall have the power to temporarily halt or divert work in. that area until the finds are evaluated and recovered. o Identify, record, evaluate and collect subsurface artifacts, features, sites, fossils, and / or fossil - bearing matrices discovered during monitoring, if any. o Catalogue artifacts and / or fossils recovered during monitoring, if any, and arrange for their permanent curation at at). appropriate facility. o Complete site records) or site record updates and submit them to the Eastern Inforrnati.on Center if historical / archaeological materials are found. o Analyze and interpret the recovered materials and prepare final reports to document the results of the procedures. Y "v Contract 182119, Exhibit A — Scope of Work Exhibit " B" Project Schedule _ La Auinta 390 Exhibit V Project Schedule " Archaelooical and Paco No. TZ)SK s 1 Submitital of proposal 2 Executed Contract 3 lOck-off Meeting 4 Archaelogical/Paleontolgioal Report Due UVv Contract 1.82119, Exhibit B - Project Schedule Exhibit "C" Estimate of Fees & Charges 1 Office Research and Field Investigations $140.00 Lump Sum 2 Monitoring During Earth Moving Activities $55.00 0.00 Hourl 3 Consultation with Native Americans and the City $380.00 Luau, Sum 4 Reimbursables (outside analysis + 107o, see below)* $1,480.00 Lum Sum 5 Other (artifact and fossil cataloguing and analyzing) $2,200,00 Hotel 5 Other (site record update preparation) $1,180.00 Ho 5 Other (curation) $900. 0 LurnpSum 5 Other (reports preparation) ,860.00 1 HoWj These numbers are estimates only. The true cost of these efforts depends mostly on the number of hours of monitoring and the number and type of cultural and / or paleontological resources found during monitoring and can not be, accurately predicted. I have, however, tried to.provide reasonable figures without deliberately "low -balling" the numbers to make the Grand Total lower. } I have been informed that grubbing is expected to take 4 weeks (160 hours) and that rough grading is expected to last an additional 15 weeks (600 hours). Using these numbers, and assuming that additional personnel are required to help expedite the removal of resources for a total of an additional 120 hours, we are able to calculate an estimate of $41,800,00 for the lead archaeologist and an estimate of $4,800.00 for additional archaeologists. This would provide a total of $46,600 for field monitoring during earth -moving activities, and is included below. ** Reimbursables: These expenses will be limited to the cost of special studies completed on recovered artifacts (plus a 10% handling fee), These include, for example, obsidian sourcing, radiocarbon datiA& protein residue analysis, and prehistoric cremation/faunal analysis. Other analyses (for example, pottery, chipped stone, groundsw ne, shell beads, fossil i,dentificatiort) will be handled irAouse and billed at the $55.00 per hour rate [see No. 5 Other (artifact and fossil. cataloguing and analyzing), above]. Costs for mileage, copies, office supplies, or other "reimbursable" expenses will NOT be charged. They are included in our hourly rate. Grand Total (based on estimates in Scope & Cost Proposal) = $56,740.00 Contract 1821.19, Exhibit: C -- Estimate of Fees &Charges Exhibit "D" Schedule of Fees & Charges Sichedule of Pees and Charges For Archaeological and Paleontological Monitoring robs (as of rune 2005): Principal Investigator $55.00/hour Project Director $55.001 hove' Field ]Director/First Monitor $55.00/hour Btluwlogist/Ethnohistorian $55,00/hour Laboratory Technician $55.00/hour Laboratory Analysis Specialist $55.00/hour Report/Site Record Writer $55,00/hour Field Crew Person/Additional Monitors $40.00/hour Outmode analyses (radiocarbon dates, obsidian sourcing, complex faunal analysis) axe billed at cast plus 1071D There is no charge for mileage, copies, photographs or other "reimbursable" expenses Artifact curation is billed at cost We always lookfor free and cheap cvration facilities. The City of La Quinta has accepted Collections in the past at no charge. The San Bernardino County Museum; the .cheapest facility that we know of, charges $600.00 per box. UU B Contract 182119, Exhibit D — Schedule of Fccs and Charges Vendor: CRM TECH Coutract: TR 32398 ARCHAELOGICA.L & PALEONTOLOGICAL Project Account: 101.57.9100 LA QUINTA 390 CONTRACT# 182119 AGREEMENT TO ENGAGE PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 2ND day of NOVEMBER 2005, by and between K. HOVNANXAN COOPERATIVE, INC., a Virginia Corporation ("Client") and CRM TECH ("Consultant") provides as follows: WHEREAS, Client intends to develop a portion of Tract/Parcel No. 32398 i.n. the City of LA QUINTA, County of RIVERSIDE, California (the "Project'); and WHEREAS, Client intends to engage Consultant to provide the Services (defined below); and WHEREAS, Consultant desires to perform the Services; and NOW, THEREFORE, Client and Consultant, in consideration of the mutual covenants, conditions, promises, undertakings and agreements hereinafter set .forth, agree as follows: ARTICLE I CONSULTANT'S 'UNDERTAKING A. Consultant agrees to perform certain, consulting, advisory and/or testing services for Client as are described in the Scope of Work. which is attached hereto as Exhibit "A" (the "Services"). The Services shall further be performed in accordance with, the Project Schedule (Exhibit "B") and Estimate of Charges (Exhibit "C"). All Exhibits are addenda to, and are subject to, the terms of this Agreement. In. the event of an inconsistency between the teams of the Agreement and a term of any Exhibit attached hereto, the Agreement shall control. B.. All reports, samples, drawings, specifications, tracings, .snaps; data sheets, renderings, models and other like documents prepared' under this Agreement, as instruments of. the Services, are and shall remain the property of Consultant. Consultant further agrees not to use or disclose the content of any of the documents .hereinbefore referred to, except for the use and benefit of Client, without the express prior written consent of Client. C. All reports, samples, findings, recoi=endations, professional opinions, maps, drawings and other like documents, prepared by Consultant for the use and benefit of Client, shall be signed by Consultant prior to or contemporaneously with their delivery to Client. D. If required by the Scope of Work contained in Exhibit "A", Consultant shall have a repr ntative on -site at the Project to perform continuous monitoring of the quality of the Client: Consultant I Mr. Contract# 1821.19 Services and to determine if the work is proceeding in accordance with the Scope of Work, the Project Schedule anal the Estimate of Charges, ARTICLE II PROJECT SCHEDULE Consultant shall, perform the services set forth in the Scope of Services in accordance with the Project Schedule as depicted in Exhibit "B". ARTICLE III BSTINIATE CHARGES ,AND PAYMENT CONDITIONS In the Estimate of Charges where charges are "not to exceed". a specified sum, Consul.taut shall notify Client before such sum is exceeded and shall not continue to provide the Services beyond such sum unless Client authorizes an increase in the sum. If a "not to exceed" sum is broken down into budgets for specific tasks, the task budget may be exceeded without Client authorization as long as the total sum is not exceeded. 'Unless otherwise stated in the Estimate of Charges, the method of charging for the Services shall be on a time and materials basis and shall be based on the Schedule of Fees and Charges attached hereto as Exhibit "D". Consultant hereby agrees to notify Client before such sum is exceeded and shall -not continue to provide. the Services beyond said Sum unless Client authorizes an increase by notifying Consultant in writing of such. authorization. ARTTC.LE IV REIMBURSABLE EXPENSES Reimbursable expenses are in. addition to the compensation for basic and additional services. and include actual expenditures made .by the Consultant or its employees on behalf of the project for the expenses listed in the following subparagraphs, only after the Consultant receives the prior written authorization from. Client to incur said expenses. Consultant shall not be entitled to any service charge, administrative fee or mark up of any Reimbursable Expense. ARTICLE V ADDITIONAL SERVICES A. At the written request of the Client, the Consultant shall perform additional services, B. Paymmt. for addition.a). services authorized by the Client will be set forth in an amendment to this Agreement which. shall be signed by both Client and Consultant. ARTICLE VI INVOICES Unless otherwise agreed in writing, attached hereto, fees and all other charges will be billdd monthly by Consultant as the work progresses, and the net amount shall be due within thirty (30) days from the date of receipt of invoice, A Client: Consulumt: 2 Contract# 182119 q 1 , ARTICLE VII STANDARD OF PERFORMANCE A. The findings, recommendations, specifications or professional opinions of Consultant, will be presented after being prepared in accordance with generally accepted practices of Consultant's discipline and area of expertise. B. Consultant makes no representation concerning the cost figures made in connection with the maps, plans, specifications or drawings prepared by Consultant, other than that all cost figures are estimates only and the Consultant cannot. be responsible 'for fluctuations in cost factors. C. Consultant represents that the Services shall be performed, within the limits prescribed by Client, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants, in the same; field, under similar circumstances at the time the Services arc performed. ARTICLE VT_11 CLIENT'S RESPONSIBILITIES A. The CIient shall provide full information regarding his requirements for the Project as expeditiously as possible for the orderly progress of the work. B. The Client shall examine all documents prepared under this Agreement and shall render decisions that pertain thereto promptly in order to avoid unreasonable delay in the progress of the Consultant's work. ARTICLE.IX INDEMNIFICATION To the fullest extent permitted by law, Consultant agrees to defend, indemnify and hold Client, its representatives and employees (collectively, the " Indemnitecs'� harmless from and against all loss, damage, liability, expense, cost, claim, demand or lien arising out of injury (bodily injury and/or person..al injury) to or death of. persons (including, but not limited to, any employee of Consultant or. Tndemnitees), loss of, loss of use of, or damage to property, to the extent such damage or loss, arises out of., directly or indirectly, from (i) Consultant's negligence and or (ii) Consultant's breach or default of its obligations hereunder on a comparative basis of fault, The foregoing indemnification expresses the bargained -for negotiation and agreement of Client' and Consultant with respect to the allocation,, release, liquidation, exclusion and limitation, as between Client and Consultant, of any liability described above. Such indemnity shall survive the completion of Consultant's work and shall be binding upon Consultant, its successors and assigns. Clint CoMlta#- 3 Contract# 182119 ARTICLE X INSURANCE Consultant shall, at his- own expense, procure and maintain during the course of this Agreement, and prior to commencing work, shall deposit with Client evidencing the same, a policy of Public ,Liability and Property Damage Insurance coverage in the sum of not less than $1,000,000.00 and a policy of Errors and Omissions Insurance coverage in the sum of not less than. $1,000,000.00 containing deductibles no greater than $20,000 per each policy and a policy of Workmen's Compensation Insurance issued by insurance companies and in amounts acceptable to Client insuring Client against loss or liability for the injury to or death of any person or persons or for damage or destruction, including loss of use of any property, caused by or connected with the performance of work by Consultant, his agents, employees or servants. under this Agreement. ARTICLE XI ASSIGNMENT Neither CIi.ent nor. Consultant shall assign or transfer their respective interests in this Agreement without the prior written consent of the other party and any attempt to assign any interest in this Agreement without such prior written consent of the other party hereto, shall be null and void and of no force or effect whatsoever. Notwithstanding the above, Client may assign its rights and interests under this Agreement to . an affiliated or subsidiary company or to a partnership or limited Iiability company in which Client is the managing partner or member. All of the terms and provisions of this Agreement shall inure to the benefit of and be binding on the successors and assigns of both parties hereto. ARTICLE XII TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven (7) days prior written notice. In the event of termination, Consultant shall be paid his compensation for services performed to termination date, including previously approved additional, and reimbursable expenses then remaining unpaid, All work done by Consultant at the time of termination. shall be delivered to CIieut within seven (7) days after said termination. ARTICLE XIII LITIGATION AND DAMAGES • CHOICE OF LAW A. In the event of litigation on this Agreement, all witness fees, court costs, attorneys fees and other litigation. expenses shall be paid to the prevailing party by the other party_ Further, in the event a judgment for money is obtained by either party as a result of such litigation, said money judgment shall include and bear interest at the rate of ten percent (.10%) per annum from the point in time interest begins to accrue. CH614 Consultant: 4 Contract# 1821.19 B. It is hereby declared to be the express intention of the parties hereto, and each of therm, that the laws of the State of California shall govern and be determinative for any and all questions, controversies, claims or of any litigation arising from this Agreement. C. Either Party may elect to arbitrate any dispute arising under this Agreement Pursuant to the rules and regulations of JAMS/Endispute Located at 500 N. State College Blvd., Ste. 600, Orange, California 92868 ("JAMS"). in the event of such election, the procedure of this Section. shall constitute a binding and non -appeal able procedure for. arbitrating and resolving any such dispute. Election of either Party to arbitrate shall be made by filing a demand in writing with the other Party by registered, certified or overnight mail, with a copy to JAMS. The demand shall be made within twenty (20) days after the occurrence of the event causing the dispute, or within ten (10) days. after the first written notice by either Party that futther negotiation is unlikely to result in a compromise resolution of the .matter. JAMS shall submit a list of six (6) proposed arbitrators who have at least ten (1.0) years experience in residential subdivision development or real estate construction litigation and whose primary place of business is within fifty (50) miles of the Project. Witi-dn ten (10) days after receipt of such list, the parties shall each notify JAMS, in writing, of its selection of four (4) .proposed arbitrators. JAMS shall, within ten (1.0) days thereafter, select an arbitrator who is acceptable to both parties to act as arbitrator in the matter. Except as expressly set forth in this paragraph the arbitrator's decision shall be final, binding and non -appealable to the fullest extent permitted by law, No one shall act as an arbitrator who is in any way financially interested in the Project or business affairs of either Party. Should either party refuse or neglect to appoint an arbitrator within ten (10) days after. receipt of the list of arbitrators provided by JAMS, of to furnish the arbitrator with. any necessary papers or information, JAMS shall appoint an arbitrator selected by the other Party and the arbitrator appointed in compliance with this Section is empowered by both parties to proceed on their own initiative. The decision of the arbitrator shall be final' The arbitrator, if he/she so deems, is authorized to award to the Party whose contention is upheld such sums as he/she deems proper for the time, expense, and trouble incident to the arbitration. The Arbitrator shall fix his/her owns compensation, unless previously otherwise agreed upon by the Parties, and shall assess the costs and charges of the arbitration on either or both Parties. The arbitrator shall, without exception, follow California law. Any decision of, the arbitrator which does not follow California law is void, shall not be subject to confirmation as a judgment, and shall be subject to appeal. The award rendered by the arbitrator must be accompanied by a written decision of the arbitrator that contains findings of fact and conclusions of law. NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY JURY TRIAL, BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFCALLY INCLUDED HEREIN, IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE Clienti Consultant: 0 5 Contract# 182119 t , . . CALIFORNIA CODE OF CIVU, PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION. OF DISPUTES" PROVISION TO NEU f "Consultant' lgnature ..�_�ICLE XIV ENTIRE AGREEMENT This writing constitutes the entire Agreement of the. patties with respect to the subject matter hereof and supersedes all prior agreements and understandings. There are no representations; warranties, conditions or obligations except as herein specifically provided. Any waiver, amendment or modification hereof must be in writing signed by both parties. A waiver of any term, condition or covenant shall not be deemed to be a continuing waiver or a waiver in any subsequent breach of the same or any other term, condition or covenant. ARTICLE XV NOTICES All notices, consents, requests, instructions, approvals and other communications provided for herein shall be deemed validly given, at the earlier to occur of personal delivery or seventy-two (72) hours after deposit in the United Stated Registered or Certified Mail, postage g .prepaid, or if by fax upon written confirmation of successful transit-.d.ssion by the sending fax machine, and addressed to the respective party as follows: To Client: I. HOVNANIAN COOPERATIVE, INC. 800 N. Haven Ave., Suite 400 Ontario, CA 91764 Phone:909/942-5888 Fax:909/481-736.1 To Consultant; CRM TECH 4472 Orange Street , Riverside, CA. 92501 Phone; 951/784-3051 Fax:951/784-2987 The parties from time to time change' the address to which such notices, request, or demands may.be sent by giving the other party written -notice of such. change. Client Consultant, 6 Contract# 182119 ARTICLE XVI MISCELLANEOUS A. Upon written request, each of the parties hereto shall execute and deliver or cause to be executed and delivered, such additional instruments and documents as may be necessary or convenient to carry out the terms of this Agreement. B. In the event any provision of this Agreement is he1.d to be invalid and unenforceable by a court of competent jurisdiction., such holding shall not affect the validity of any other covenant, condition, term or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. "CLIENT„ "CONSULTANT„ K. HOVNANIAN COOPERATIVE, INC., Name: a -Virginia Co or on By. Its: Its: •�� C F0 Exhibit "A Scope of Work Exhibit `B" Project Schedule Exhibit "C" Estimate of Charges Exhibit "D" Schedule of Fees and Charges chunt4 consultant: 7 7 Contract# 182119 921 Ji I Exhibit "A" Scope of Work Based on the requirements of the City of La Quiata, the Client requests that consultation with the Native Americans and with the City by conducted and that clearing, grading, and other earthmoving operations on the subj ect property be monitored by a qualified archaeologist and paleontologist. In order to satisfy the Client's needs, CRM TECH proposes to accomplish the following tasks: 0 o Contact the Native American heritage Commission and ask them to complete a sacred lands record search; consult with local native American representatives; anal consult with the City of La Quinta regarding this project. o Provide on -site znordtoring during clearing, over —excavation, grading, trenching and/or other earth -moving operations; if cultural or paleontological resources arc encountered during this time, the archaeologist / paleontologist sbal.l, have the power to temporarily halt or divert work in that area until the finds are evaluated and recovered. o Identify, record, evaluate and collect subsurface artifacts, features, sites, fossils, and / or fossil-' bearing matrices discovered during monitoring, if any. o Catalogue artifacts and / or fossils recovered during monitoring, if any, and arrange for their permanent curation at an appropriate .facility. o Complete site record(s) or site record updates and submit them to the Eastern Information Center if historical / archaeological materials are found. o .Analyze and interpret the .recovered materials and prepare final reports to document the results of the procedures. Contract 182119, Exhibit A — Scope of Work Exhibit "B» Project Schedule La Quirita 390 Exhibit'Sk Project Schedule Archaeloaical and Paleontological Monitoring R 1 Submittal of Proposal. 2 Executed Contract 3 IGck-off Meeting . 4 ArchaologicallPaleontolgical Report Rue (V6V Contract 182119, Exhibit B — Project Schedule Exhibit "C" Estimate of Fees & Charges 1 Office Research and Pield Investigations $140.00 Lum Sum? 2 Monitoring During Earth Moving ,Activities $55.00 40.00 Hourly* 3 Consultation with Native Americans and the City $380.00 Lump 5utn, 4 Reimbursables (outside analysis + 10%, see below)* • $1,480.00 Lump Sumer" 5 Other (artifact and fossil cataloguing and analyz4ng) $2,200,00 Hourly 5 Other (site record update preparation) $9.,180.00 Hourly 5 Other (curation) $900,00 Lump Sum 5 Other (reports preparation) $3,860,00 Hour_ These numbers are estimates only. The true cost of these efforts depends mostly on the number of hours of mordtoryng acid the number and type of cultural and/or paleontological resources found during monitoring and can not be accurately predicted. I have, however, tried to provide reasonable figures without deli ierattely "lore -balling" the numbers to make the Grand Total lower. I have been informed that grubb; mg is expected to take 4 weeks (160 hours) and that rough grading is expected to last an additional 15 weeks (600 hours). Using these numbers, and assuming that additional persoruiei are regWred to help expedite the removal of resources for a total of an additional 120 hours, we are able to calculate an estimate of $41,800.00 for the lead archaeologist and an estimate of $4,800,00 for additional archaeologists. This would provide a total of $46,600 for field monitoring during earth -moving activities, and is included below. ** Reimbursables: These expenses will be liiaited to the cost of special studies completed on recovered artifacts (plus a 10% handling fee). These include, for example, obsidian sourdly, radiocarbon dating, protein residue analysis, and prehistoric cremation/faunal analysis. Ocher analyses (for example, pottery, chi ped stone, groundstone, shell beads, fossil identification) will be handled in-house and, billed at the $55.00 per hour rate [see No. 5 Other (artifact and fossil cataloguing and analyzing), above]. Costs for mileage, copies, office supplies, or other "reimbursable" expenses will NOT be charged. They are included in, our hourly rate. Grand Total (based on estimates in Scope & Cost Proposal) = W,740.00 Contract 182119, Exhibit C — Estimate of Fees & Charges Exhibit "D" Schedule of Fees & Charges Schedule of Fees and Charges For Archaeological and Paleontological Monitoring Jobs (as of June 2005): Principal Investigator $55.00 / hoar ..J Project: Director � $55.00/110ur Field Director/First Monitor $5.5,00/hour Ethnologist/Ethnohistorian $55.00/hour Laboratory Technician $55.00/hour Laboratory Analysis Specialist $5s-00/hour Report/Site Record Writer $55.00/hour Field Crew Person/,A,dditional Monitors U0.00/hour Outside analyses (radiocarbon elates, obsidian sourcing, complex faunal analysis) are billed at cost plus 1070 There is no charge for mileage, copies, photographs or other "reimbursable" expenses Artifact curation is billed at cost. We always look for free and cheap euratiozi facilities. The City of La Quinta has accepted Collectiom in the past at no charge. The San Bernardino County Museuu the cheapest facility that we know of, charges $600.00 per box. Contract 1,82119, Exhibit A — Schedule of Fees and Charges I A . . - PERMIT NO.4536 Leyendas (Forecast) / Rough Grading / Tract No. 32398 (Monroe & Ave 60) . 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. This permit or copy of it shall be on the work site (usually the job trailer) for inspection during the actual work performed. K. Hovnanian / Forecast Homes, hereinafter referred to as "Permittee", shall be responsible for providing continuous dust and erosion control. 4. Streets shall be kept.clean. They shall be completely cleaned at the end of each working day and more frequently, if required. 5. 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 1st 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 1st 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. Note: Construction work (including setting up traffic control devices) is not permitted on any Arterial street (ie any 4 lane street) before 8:00 a.m. 6. Work within 500 feet of a signalized intersection shall be performed 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 (951) 955-6894 if signal operation at. the intersection is to be altered in any way. 7. Pursuant to Section 14.16.110 of :the ,La Quinta Municipal Code (Ordinance 1.0 § 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. 8. Any land on which Williamson Act contracts apply shall remain undisturbed. Special Conditions Page l .of 6 PERMIT NO.4536 Leyendas (Forecast) / Rough Grading / Tract No. 32398 (Monroe & Ave 60) 9. 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 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. 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 two (2) travel lanes of paved surface shall be maintained at all times. 10. 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. 11. 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 of no cost to the City of La Quinta. 12. The permittee shall be responsible for notifying the inspection staff of import fill and overexcavated areas on a daily base's. If the inspector's phone number is unknown, the permittee shall call the Public Works front counter phone at 777-7075 or the Assistant Engineer I at 777-7089 to determine the city inspector's phone number. If the imported fill or overexcavated locations indicate to the inspector that inadequate soils exist based on the criteria set forth in the Project Soils Report, Public Works Greenbook, or Uniform Building Code, the Public Works inspector may halt grading operations until the inadequate soil has either been removed or the Public Works Director authorizes grading to continue. The above testing or observations does not relieve the permittee's responsibility for future repairs due to settlement at and near the locations of the work area. Prior to the city issuing a building permit, the permittee's Geotechnical Engineer of Record shall submit a certified letter indicating that the grading has been completed per the approved plan. A compaction report on all fill is required following pad certification and prior to building permit issuance. 13. The issuance of this permit and the City approval of the related construction improvement plans do not provide a vested entitlement for all design parameters that may have been utilized for the plans. As such, plans approved for this permit may be "at risk" for further modifications as it relates. to any follow up improvement plan requirements as required by the city or existing errors & omissions by the architect or engineer of record. Special Conditions Page 2 of 6 PERMIT NO.4536 . Leyendas (Forecast) / Rough Grading / Tract No. 32398 (Monroe & Ave 60) 14. This permit is not valid until the permittee submits, to the Public Works Department 2 weeks prior to start of construction, the name of the City approved contractor, who shall submit to the City the following items: a. General Liability Insurance Company and Policy Number b. City Business License c. Contractors State License Number 15. Prior to performing construction work and closing any lanes in the Public Right of Way, the permittee shall call. the City at (760) 777-7097 at least 48hrs prior to work and request an appointment for a preconstruction meeting with the City Inspection staff. 16. The permittee shall haul all offsite debris to a certified landfill. Prior to hauling debris, the permittee shall inform the City (Inspection staff or 777-7089) of the name and location of the certified dump site. 17. Prior to excavating in native Soils, the owner of the project shall have employed by proposal contract an archaeological observer for the site excavations within native undisturbed soils. A copy of the contract must be submitted to the Public Works Department and attention this to the. Assistant Engineer I. If the archaeologist determines the site note to be required to be observed, please submit a letter signed by the archaeologist stating their determination. 18. If public traffic lanes are required to be closed, this permit is not valid until the permittee submits, to the Public Works Department, an approved traffic control plan at least 2 weeks prior to start of construction or parking on the paved R/W. 19. 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 materials shall be brought to or maintained at 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. Special Conditions Page 3 of 6 PERMIT NO.4536 Leyendas (Forecast) / Rough Grading / Tract No. 32398 (Monroe & Ave 60) 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. E. In subsequent lengths of trench, the frequency of compaction tests shall equal one per each lift of backfill, per 300 linear feet of open trench., at randomly selected locations within the open length of trench. F. 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. G. 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. H. All costs incurred due to the conditions above shall be borne by the -Permittee. Copies of all test results shall be furnished to the City Inspector. 20. 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 thatthis length of trench is completely covered by steel plating. 21. All. landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its original condition. 22. Access and egress to all local properties shall be maintained at all' times.. . Special Conditions Page 4 of 6 PERMIT NO.4536 Leyendas (Forecast) / Rough Grading / Tract No. 32398 (Monroe & Ave 60) 23. 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 asphaltconcrete 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. 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. Cold -Mill and Overlay - The existing pavement which was properly protected in place during the trenching operation located adj acent to the trench saw cut shall be cold -milled to a depth of 0.10 feet with butt joint created next to the existing unmilled pavement surface. The cold -milled area and base asphalt concrete in the trench area shall be overlaid with a City approved C2-AR-4000 asphalt concrete mix. The width of the cold milling area shall be as follows: For .longitudinal trenches located in a .parking lane: three (3) feet outside the sawcut removal lines. • For longitudinal trenches located in a traffic lane: three (3) feet outside the sawcut removal lines, or to the lane line striping, whichever is greater. . For transverse trenches across existing street: two (2) feet outside the sawcut removal lines. E. If grinding and capping operations are not performed in the same day as base paving operations, the base course lift of 1/4" 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 or any existing detour 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. Special Conditions Page 5 of 6 PERMIT NO. 4536 Leyendas (Forecast) / Rough Grading / Tract No. 32398 (Monroe & Ave 60) 24. 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. 25. 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 Jimit 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. 26. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. 27. The permittee shall indemnify, hold harmless and assume the defense of the City from all damages, delay costs, costs or expenses in law or equity that may arise out of work under this permit. 28. If it is the intent of the permittee to cut the pavement and have it restored by a third party, the permittee shall postpone cutting the pavement until the intended third party has acquired a permit from the City to perform the required restoration work. Special Conditions Page 6 of 6 City of La Quinta The following General and Special Provisions are attached to and made a part of Permit Number 4536 The following shall always apply: ENCROACHMENT ON PRIVATE PROPERTY: This permit authorizes work to be accomplished within the City of La Quinta's 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. TRACK -LAYING CONSTRUCTION EQUIPMENT: Cleated track -laying construction equipment shall not be permitted to operate on any paved surface unless fitted with smoother -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 operation 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. surfacing plus appropriate seal coat 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 City of La Quinta Public Works Inspectors. Suitable detours and detour signs shall be placed and maintained for the duration of the project. The City shall be notified twenty-four hours (24) in advance of any traffic detours or delineation. CARE OF DRAINAGE STRUCTURES: Any drainage structure to include 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 OPERTATIONS: 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: ® R1 NOTIFICATION: Permittee shall be notified the City at (760) 777 - 7097 at least forty-eight hours (48) in advance of starting construction. ® R2 UTILITY CLEARANCE: (Substructures) Prior to making any excavations within the City of La Quinta right-of-way authorized bypermit, 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 UTILITY 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 ( ** N/A ** ) inches of A.C. paving placed on ( ** N/A ** ) inches of ( ** N/A ** ) aggregate sub -base course having an "R" value of not less than ( ** N/A** ) and in conformance with the City of La Quinta Road Improvement Standards and Specifications, Ordinance #461. ® R5 PARKWAY GRADING: Area between the property line and top of the proposed concrete curb shall be graded to a slope of one-fourth inch (Y<") 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 (** N/A *") 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 two and a half inches (2 Yz') of A.C. paving on (** N/A **) of class (** N/A ** ) aggregate base. ® R9 SIGHT CLEARANCE: Sight Clearance of six -hundred feet (600') in all directions shall be assured and maintained at all times. ❑ R10 SOIL STERILIZER: The area to be surfaced shall be treated with soil strerilizer. Rate of application shall comply with the manufacturer's specifications. r City of La Quinta ® 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 Quinta forces to preclude delay or interference with State or 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 included shall be completely tied out so they may be readily and correctly, 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 clearance. ® R13 PAVEMENT CUTTING: Pavement will be mechanically saw cut 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 or 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. ❑ 1114 LIMIT OF EXCAVATIONS: Excavations shall be limited to one -thousand feet (1000') 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 and adequately consolidated backfill. Ant 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 on lifts not greater than three feet (3') and vibrated using vibrostamper or equivalent equipment. Alternate methods may be substituted, but in any case, a relative compaction of ninety-five percent (95%) shall be maintained with the structural section of the roadway. ❑ RI BACKFILL PLACEMENT: Backfill shall be applied in layers of not more than fifty percent (50%) of the total depth of the trench before flooding or a maximum of five feet (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 not be less than ninety percent (90%) 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 continuos. ❑ R18 COMPACTION TESTS: If so required by the inspector, compaction test shall be made at intervals of not more than one - thousand (1000') feet and a maximum of one (1) test on each road. One (1) copy of each test shall be forwarded tot 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 Sections 6.3.001 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 two inches (2") of SC-800 shall be placed on a prepared sub -grade. The SC-800 temporary paving shall be placed after a maximum of three -thousand linear feet (3000') or 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 ( 4 ) inches of A.0 surfacing placed on a ( 6 ) inch ( crushed ) aggregate base shall be placed no later than ( 5 ) 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 areas as determined by the City Engineer. ® R23 STREET RESTRIPING: Where street striping is still visible on street 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 permitte 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 it becomes necessary to restrict traffic, the work shall be restricted to a maximum of five -hundred feet (500') 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 ninety percent (90%) or equivalent tot 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. ._ • oo�