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5048Finance Revenue Code E-1 c% 4 ENCROACHMENT PERMIT PUBLIC WORKS CONSTRUCTION For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains'an other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS. Subdivision Improvement Permit - Class III Minor Improvement Permit Class IV DATE:March 20, 2006 LOCATION OF CONSTRUCTION (Street address or Description): Mirage of La Quinta; TM 33336 Avenue 58 1/4 mile west of Madison PURPOSE OF CONSTRUCTION: Rough Grading DESCRIPTION OF CONSTRUCTION: Grading, See Plan Set No. DIMENSION OFINSTALLATION OR REMOVAL: Approximately 1325 sqft x 336 ft APPROXIMATE TIME WHEN WORK WILL BEGIN:March 20, 2006 TIME OF COMPLETION:A .cil 28, 2006 ESTIMATED CONSTRUCTION COST: $132,201.30 (Including removal of all obstruction,! terials,L dE compaction and placing permanent resurfacing and/or replacing improvements) I� COMMENTS: u APR () 4 2006 In consideration of the granting of this permit, the applicant. hereby agrees to: -- C)TY OF QUINTA Indemnify,defend and save the City, FINANCE r y, its authorized agents, officers, representatives and employees, harmless ro ga�sx:.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 at (760) 777- 7075. 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. /*, Ad Signature bf Applicant or Agent Standard Pacific Coachella Valley - Kelly Amman 15326 Alton Parkway Irivine CA 92618 (760) 578-5878 (760) 217-9747 Name of Applicant (please print) Business Address Telephone No. Standard Pacific Coachella Valley 15326 Alton Parkway Irvine CA 92618 (949) 789-1600 Name of Contractor and Job Foreman Business Address Telephone No. 641665 101286 Contractor's License No. City Business License No. Seabright Insurance Company BB1050237 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit - Class III Minor Improvement Permit - Class IV Inspection Fee Permit Fee As -Built Deposit Cash Deposit -Surety Bond, if required TOTAL $3,970.00 $100.00 $ 0 ,000.00 ) $ $ 5,070.00 Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs See attached schedule PERMIT NO.5048 DAT APPROVED• O/(7rJ EXPI TI DAW�OBY: - Administrative Authority T-11dr 4'14wauArw PUBLIC WORKS DEPARTMENT APPLICATION FOR PERMIT Date: 3/ % 3 /oI pp G.JG .0 b�e. J Tract No: 3333 .Project Name: Vicinity: We. CLJ_LSb Purpose of Construction (Ex: Rough Grading, Offsite Street etc.) eyvr_ln l7rccX Description of Construction (Ex: See Plan Set No. 01234), Dimension of Installation or Removal eox , 1326�- Approximate Construction Start Date: �3 f Z o % b lo• Approximate Construction Completion Date: 4 / 2 g Xo (o Estimated Construction Cost: $ 3 Z , ?-0 , 3 0�7 Estimated Construction Cost shall include the removal of A obstructions, materials, and debris, back -filling, compaction and placing permanent resurfacing and or replacing improvements Contact Name: kd64 Phone Number: Name of Applicant/Owner: q Applicant Address: Y3'32to :, ��l�vn.-, .ate � v � Applicant Telephone Number: + /�y�) �q- 1&m Name of Contractor: Contractor Address: /5,32L.ev n-e � - Contractor Telephone Number: qy9) Contractor State License Number: lv�f (lol0 5"' ✓ Contractor City Business License Number: ► A COPY OF THE CURRENT INSURANCE CERTIFICATE MUST BE PROVIDED A Applicant or Contractor General Liability Insurance timpany: eaq '6' ' !q AT t70 ,/�- Applicant or ntractor General Liability Insurance Policy Number: Office Use Only: �j Inspection Fee: . 3 `l 7 ©. Do Permit Fee: li As -Built Deposit:_ ODO, D ,O Dust Control Deposit: Credit ___ ..... --Amount- . ——...... . TOTAL FEE DUE: J t 0 0, o f Office Use Only: Assigned Permit Number. Approval Date: Expiration Date:_ Issue Date: an �7(00� Permit Fees Project Name: Mirage of La Qt Plan Type/Plan Set 33336 Total Fees Inspection Fees 1 rst Mill $132,201.30 $3,970.00 2nd Mill $0.00 $0.00 3rd Mill $0.00 $0.00 Sum $132,201.30 $3,970.00 Permit Fee $100.00 Deposits As -Built 1 plan $1,00.0.00 PM-10 0 acres $0.00 Total Due: $5,070.00 Enter the grading contract amount in the YELLOW space provided below; the required BOND AMOUNT fo the Grading Bond will be automatically calculated. Grading Contract Amount Bond Amount 1 PROJECT: MIRAGE OF LA QUINTA LA QUINTA, CALIFORNIA 33336 DATE: 3/9/2006 ROUGH GRADING QTY. UNIT ITEM UNIT COST AMOUNT 371 C.Y. Excavate and Fill $ 1.00 $ 371.00 19828 C.Y. Excavate and Export $ 0.80 $ 15,862.40 34008 C.Y. 3' Over -Ex Removal $ 1.55 $ 52,712.40 40810 C.Y. T Over -Ex Recom act $ 1.55 $ 63,255.50 Signature Wayne Curran, PE Name typed or printed SUB -TOTAL $ 132,201.30 Civil Engineer's Stamp 1po O c" 10 o`` =,F _.. — F� F MEMORANDUM TO: JESSE JIMMENEZ, PUBLIC WORKS DEPARTMENT FROM: STAN SAWA, PRINCIPAL PLANNER L5r4vv&, SUBJECT: ROUGH GRADING. PLANS FOR TRACT 33336 (STANDARD PACIFIC COACHELLA VALLEY) — PCN 05218 DATE: MARCH 13, 2006 The Community Development Department has. reviewed the above noted rough grading plans and. finds them. acceptable as submitted. However, please note the following: 1. Archaeological and Paleontological monitoring is required for clearing, grubbing and any earth moving. Prior of monitors is required before any of these activities. ' 2. Cherry Wood Place is not yet approved as a street name. Street name is to be approved as part of Final Map processing. Should you have any questions, please call me at extension #7064. P:\stan\ttm\tt 33336 memo to pw rough gr.doc ,1* City of La Quinta The following General and Special Provisions are attached to and made a part of Permit Number 5048 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 by permit, the permittee shall contact all concerned utility companies relative to the location of existing substructures. Damage to existing substructures resulting from operations conducted under this permit shall be the sole responsibility of the permittee. ® R3 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 (%") 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 Y2") 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. City of La Quinta ED 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. ❑ R14 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. ® RI 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. ❑. R17 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 (6) 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%) o� 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. PERMIT NO.5048 Mirage at La Quinta II [ Rough Grading / Tract No. 33336 In addition to the standard permit conditions, the following shall apply: 1. . 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. 3. At the time of issuing this permit, the Rough Grading and/or Precise Grading plan have not been approved. Therefore, rough or precise grading is not permitted within this permit until these plans have been approved by the City Engineer. Also, a preconstruction meeting with the Public Works Construction Division must be completed and at the preconstruction meeting the City must give the approval to begin construction according to the approved plans. 4. Standard Pacific Coachella Valley, Contact Kelly Amman (i� 578-5878, hereinafter referred to as "Permittee", shall be responsible for providing continuous dust and erosion control. 5.. Streets shall be kept clean. They shall be completely cleaned at the end of each working day and more frequently, if required. 6. 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 1 st 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. 7. 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. Special Conditions Page I of 4 PERMIT NO.5048 Mirage at La Quinta II / Rough Grading / Tract No. 33336 8. 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. 9. Any land on which Williamson Act contracts apply shall remain undisturbed. 10. Prior to excavating, if required, the Permittee shall contact Underground Service Alert at 17800-422- 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 at 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 Associate Engineer 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. 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. fora preconstruction meeting with the City Inspection staff. Special Conditions Page 2 of 4 PERMIT NO.5048 Mirage at La Quinta II / Rough Grading / Tract No. 33336 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 Associate Engineer. 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. 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. 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. Special Conditions Page 3 of 4 PERMIT NO.5048 Mirage at La Quinta II / Rough Grading / Tract No. 33336 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. 19. 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. 20. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its original condition. 21. Access and egress to all local properties shall be maintained at all times. 22. 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. 23. 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. 24. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. 25. 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. 26.' 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 4 of 4 15326 Alton Parkway, Irvine, CA 92618 (949)789-1600 Memo To: Stan Sawa, City of La Quinta From: Rosie Lara, Assistant Project Manager CC: Salim Rahemtulla, Project Manager, Standard Pacific Coachella Valley Date: 3/29/2006 Re: Good Faith Effort to have Cultural Monitoring for Tract 33336 & 32279 *%(t C® ^5'�' In order to be in conformance with the Cultural Monitoring requirement, we have contracted with CRM Tech to conduct Archaeological and Paleontological Monitoring for Tracts 32279 and 33336. We currently have a grading permit for Tract 32279 and a clearing and grubbing permit for 33336, however, the contract also includes monitoring during grading process for Tract 33336. Attached is the signed Master Consultant Agreement executed on March 7, 2006 and the scope of work for CRM Tech. We have also contacted William Contreras, Director of Archeological and Cultural Research from the Torres Martinez Tribe. On March 7, 2006, 1 had an orientation meeting with Mr. Contreras to discuss the process and procedures to cultural monitoring and the cost of having this work performed. There has been several follow up calls and a -mails to make them aware that clearing and grubbing as well as grading has started on our site. Attached are a -mails documenting our attempt to have Cultural monitors from Torres Martinez. If you have any questions, please feel free to contact me at (760) 218-8258. Thanks, Rosie Lara Coachella Valley Division 1 MASTER CONSULTANT AGREEMENT ORIGINAL STANDARD PACIFIC CORP. THIS MASTER CONSULTANT AGREEMENT FOR STANDARD PACIFIC ("MasterAgreement) Is made effective as of February 24, 2006, by and between STANDARD PACIFIC COACHELLA VALLEY, a division of Standard Pacific Corp., a Delaware corporation (STANDARD PACIFIC"). and CRM TECH ("CONSULTANT"). RECITALS A. CONSULTANT Is a firm that performs CULTURAL RESOURCE MANAGEMENT services. B. STANDARD PACIFIC proposes to acquire, obtain land use entitlements for, plan, develop, own, and sell residential real estate. It Is anticipated that STANDARD PACIFIC may, but is not by the execution of this Master Agreement obligated to, use the services andfor materials of CONSULTANT at various times in the furtherance of one or more of these purposes as more specifically set forth in various +Nock Agreements ant! Work Documents as those terms are defined below. . C. STANDARD PACIFIC and CONSULTANT desire to enter Into this Master Agreement for the purpose of darning their respective rights and obligations in the event that CONSULTANT provides services or materials to STANDARD PACIFIC in furtherance of the above mentioned purposes. AGREEMENT It is inutually agreed between the parties as follows: 1. Contract Documents. This Master Agreement Is entered Into between STANDARD PACIFIC and CONSULTANT todefino their retatlonshlp wlt.h respect to the provision of services andfor materials relating to STANDARD PACIFIC construction projects (each, a 'Projecl"). During its term, this Master Agreement will govern all Projects on which CONSULTANT performs services for STANDARD PACIFIC and need not be signead separalely with respect to each Project. By entering into thus Master Agreement, STANDARD PACIFIC has no obligation to enter into further agreements with CONSULTANT and may retain the services of airy other consultant on any Project at its sole and absolute discretion. STANDARD PACIFIC may agree to pay CONSULTANT for the provision of services andfor materials on a particular Project ("Servioesl by executing a Work Agreement. Forthe purposes of this Master Agreement, the term'"Nork Agreement" shall mean a contract to perform Services relalling to a Project and which is etntillod "Work Agmernenl,' amd any amandrneeiN, addenda, exhibits or schedules thereto. Each Work Agreement will be executed by both parties and %vill or shall be deemed to Incorporate this Master Agreement by reference. CONSULTANT shall not be entitled to any payment from STANDARD PACIFIC except as specifically set forth In a fully executed Work Agreement. For the purposes of this Master Agreement, the term "Work Documents' shall mean a document (other than a Work Agreement) generated by STANDARD PACIFIC or provided or made available to CONSULTANT by STANDARD PACIFIC or on STANDARD PACIFIas behalf, which is used to set forth terms, conditions and specifications as to a specific Project. A Work Document binds the CONSULTANT if (i il: is also executed by CONSULTANT; (iDCONSULTANT accepts paymentwith respect to Services required by the Work Document; (lii) CONSULTANT commences the Services affected bythe Work Document; or (fv) as otherwise set forth in such a Work Document. The term "Contract Documents" means this Master Agreement, all Work Agreements and all Work Documents. Each Work Agreement or Work. Document will or shall be deemed to refer to this Master Agreement and will.set out such inforlmatlon as (nay be necessary to define adequately the Project, the Services to be provided, and the compensation for such Services. All terms and provisions set forth in this Master Agreement shalt apply to all services. andfor materials provided by CONSULTANT for STANDARD PACIFIC. If STANDARD PACIFIC purchases a project from another individual or entity ("Person") and such Person assigns its contract with CONSULTANT for that project to STANDARD PACIFIC, CONSULTANT shall also be bound by the terms and conditions of this Master Agreement with respect to that project. In the event of any conflict between the assigned contract and ibis Master Agreement, the terms of this Master Agreement shall control. 2. Consultant Retention. STANDARD PACIFIC may retain CONSULTANT to provide those services andfor materials set forth in various Work Agreements or any Work Docurnont, and any services andfor materials not specifically enumerated which by local custom and standard practice in CONSULTANT's industryaro reasonably considered a normal consequence to complete CONSULTANT's work under such Work Agreements or Work Documents (collectively, the "Services"), for the compensation as set forth in said Work Agreements or Work Documents. CONSULTANT further agreas to provide other, related services andfor materials upon written request by STANDARD PACIFIC, at the rates of compensation set forth in the appliicabte Projecl.:s Work Agraernents for seervirHs andfor rnalerials rviost s?mllar to the related services and/or materials being provided. Except -as expressly set forth in Paragraph 6 below, STANDARD PACIFIC shall not he contractually or otherwise bound by, or responsible for, any Servion performed; nor will CONSULTANT be obligated to provide any Services without a Work Agreement or a Work Document. 3. Obligations of CONSULTANT, CONSULTANT shall at all times perform its obligations underthls Master Agreement and the Services underany Work Agreements and Work Documents with that degree of professlonal diligence norsmallyexpeded of Consultants on projects of a similar nature, in the sarne locale and during the same lirne frame. The Services shell be performed by CONSULTANT In compliance with all applicable laws, statutes, codes and regulations and shall be free from all defects. STANDARD PACIFIC is retying upon CONSULTANT's skill and expertise to complete the Services pursuant to the requirements of this Master Agreement CONSULTANT Shall be primarily and fully responsible for supervising the Services and reporting to STANDARD PACIFIC so that, among other things, it ran manage construction actinides and supervise and control Its construction operations. CONSULTANT shall advise on and promptly notify STANDARD PACIFIC of any newdovelopments, in terhniquas or procedures associated with CONSULTANTS Services affecting the design or tha Project including ihose which could enhance or expedite the construction of the Project; possible improvements or cost -saving features 1f1f06 05120010H 1 of 8 k in design or procedure, any potential risks, liabilities, or problems of Which CONSULTANT becomes aware, and any other matters of which CONSULTANT becomes aware which may have been overlooked or omitted by STANDARD PACIFIC or its other consultants, whidi are within CONSULTANT's field of expertise and could benefit the development of the Projecl or reduce the cost thereof. California Civil Code Title 7 ("FIX. -IT") Cnmplianral. (a) In addition to complying with any other requirements under any Contract Document, CONSULTANTS Services shall be performed so as to strictly comply with and satisfy the entire list of builder standards specified in California Civil Code §§ 896. et seq.. as amended from tlme to time. CONSULTANT shall also c:ompiy with and satisfy, and shall provide reasonable cooperation to STANDARD PACIFIC so as to permit STANDARD PACIFIC to oomplywith and satisfy, any and all. °prelitlgatlon procedures' requirements and/or obligations imposed by California Civil Code §§ 910, et seq., with respect to any claim arising out of or relating to CONSULTANT& Services. CONSULTANT shall, in. all other respects, comply with Civil Code Title 7, as amended from time to time. (b) As part of CONSULTANT's Servit'.as, CONSULTANT shall supply STANDARD PACIFIC with copies (both prtnted copies and electronic copies) of any and all plans, specifications, grading plans, soils reports, engineering calculations, maintenance and preventative maintenance recommendations, limited warranty or "useful life" information as to any "manufactured products" (as defined In California Civil Code section 896(g)(3)) supplied by CONSULTANT as part of the Services, maintenance and preventative ma°ntenance recommendations as to any "manufactured products" supplied by CONSULTANT as part of the Serv°ees, and/or any other documentation relating to CONSULTANTS Services or to any warranty work or repairs performed at STANDARD PACIFIC'S request by or for CONSULTANT. This obligation does not apply to any such documentation provided to CONSULTANT by STANDARD PACIFIC. (c) Any notice given to CONSULTANT by STANDARD PACIFIC pursuant to California Civil Coda § 916(e) shall be delivered to CONSULTANT pursuantto the 'Notices" provision of this Master Agreement. STANI)ARp PACIFIC':; dalwefy of such a netice to CONSULTANT at least 48 hours prior to a scheduled inspection or other activity spedfied in such notice shall be deemed to constitute sufficient and reasonable notice for purposes of this statute in all cases; notice provided within a shorter time may be sufficient and reasonable, depending upon the applicable circumstances, 5. Schedule for Performance_ The schedule for completion of the Services shall be (1) as set forth in Exhihit "A" to the Work Agreement which identifies the scope of such Servloes, or (11) shall be as otherwise established, modified, or updated from time to time by written notice by STANDARD PACIFIC to CONSULTANT. (a) CONSULTANT shall notify STANDARD PACIFIC In writing within in twenty"four (24)hours after itdetermines that it is no longer an schedule or has been de!ayed. If CONSULTANT Is no longer on schedule or .has been delayed, CONSULTANT shall, without additional compensation, accelerate the performance of the Services as STANDARD PACIFIC may direct until all CONSULTANT. Services are in accordance with the schedule and any modifications or updates thereto. (b) If CONSULTANT causes delay in completing the.Project, CONSULTANT shall be liable for all losses, costs, expenses, liabilities and damages Sustained by STANDARD PACIFIC or any other party because of such delay. (c) To the extent CONSULTANT is delayed. CONSULTANT shall have no claims for additional compensation or darnage for such delays, whether caused in whole or in part by any conduct on the part of STANDARD PACIFIC, against STANDARD PACIFIC or any of STANDARD PACIFIC's other agents or consultants. 6. Failure to Execute Master ActreemeM, or Wor1S Anner ant. If for any reason CONSULTANT provides SArvlms on a Project without a fully executed Master Agreement er Work Agreement, the following conditions will govern the parties' relationship with respect to such Services; (a) STANDARD PACIFIC miry, but shall not be obligated to ;lay for such Services until this Master Agreement and a Work Agreement has been duly executed by STANDARD PACIFIC arid CONSULTANT; (b) if STANDARD PACIFIC has executod this Master Agreement or a Work Agreement for the Project and delivered that document to CONSULTANT (or notified CONSULTANT that the document has been executed by STANDARD PACIFIC and ready and available for execution by CONSULTANT) and CONSULTANT provides Services without signing this Master Agreement or the tiWorx Agreement, CONSULTANT s provision of Services shall be deemed its execut on of this Master Agreement and the Work Agreement and CONSULTANT will be bound by this Master Agreement and the Work Agreement as If this Master Agreement and the Work Agreement had been duty signed by CONSULTANT; (c) CONSULTANT shall be bound by this Master Agreement in the performance of any Swvices whether or not STANDARD PACIFIC or CONSULTANT has executed a Work Agreement; and (d) if The parties execute a Work Agreement alter Services on a Project have already commenced, the Work Agreement shall govern all Services performed before and after the Work Agreement is signed unless it specifically provides otherwise. To the extent CONSULTANT provides any services and/or materials without fully executed Work Agreet'rteni, sue i services and/ormateaials shall nonetheless be deemed "Services" for purposes of this Master Agreement. 7. Provlsion of Information. STANDARD PACIFIC shall provide CONSULTANT %vfth such information and materials relating to the Project, as defined in the Work Agreement or Work Documents, as CONSULTANT reasonably requests to permit performance of CONSULTANT's obligations under this Master Agreement or any Work Agr"meni nr Wark t7oournonts. If STANDARD PACIFIC or any of Us employees, agents, other consultants oraffiliated entities provide CONSULTANT with any designs whatsoever, such designs are provided merely as a recommendation. If CONSULTANT incorporates such designs into any plans or work which are the subject of the Services, CONSULTANT shalt be deemed to have reviewed the design and exercised its own professional judgment in adopting such designs as its oven to the extent that doing so would normally be expected of can sullants on projects of a simylar nature, In the same locale and In the same time frame, and any indemnity provided for in this Master Agreement shall nevertheless be fully effective_ 111106 2 of a W 12001 DM 0 01 0 a. Status of CONSULTANT. CONSULTANT shall at all times be an independent contractor and not an employee of STANDARD PACIFIC, and shall not have (nor represent that it has) any authority to bind or commit STANDARD PACIFIC in any wayunless expressly authorized to do so in writing by STANDARD PACIFIC. 9. Suspension and Termination. STANDARD PACIFIC, upon written notice ("Terrination Notice") to CONSULTANT, may, In its sole and absolute discretion, terminate this Master Agreement, any Work Agreement, andlor any Work Document in whole or in part Upon receipt of such Termination Notice, CONSULTANT shall, unless the Termination Notice directs otherwise, immediatelydiscontlnue the Services under this Master Agreement, any Work Agreement, or any Work Document as the case may be. If CONSULTANT Is terminated for the convenience of STANDARD PACIFIC, CONSULTANT will be compensated through the date of termination as set forth In the Termination Notice for the portion of the Services actually and properly per;ormed under the Work Agreement in proportion to the total Services set forth in the Work Agreement. The percentage so completed shall be raasonabty determined by STANDARD PACIFIC. No payment for unperformed Services will be made. By exercising its right to terminate, STANDARD PACIFIC does notwaive anyof its rights, remedies or damag es against CONS U LTANT arising out of any Services performed prior to the termination, including any breach o r d efault of this Master Agreement. In addition to the foregoing, STANDARD PACIFIC may also direct CONSULTANT to temporarily suspend its Servk'.es under a Work Agreement or Ylork.Document for a period not to exceed ninety (90) dayswithout terminating this Master Agreement orthe Wark Agreerent or Work Document under which such Services are being provided and CONSULTANT shall comply upon its reiaeipt of such written direction. STANDARD PACIFIC shall not be required to pay CONSULTANT any additional compensation or be liable for any damages incurred as a result of this suspension. ' 10. Billings and PavmenL Unless otherw.se set forth Ina Work Agreement at Work Document, CONSULTANT shall submit to STANDARD PACIFIC monthly billings setting forth the status of cornp'etiion of the Services on a percentage of completion basis determined as of the date of the billing together with any other documents required by STANDARD PACIFIC. if Consultant is vrorking on a time and materials basis or is providing Services pursuant to a Work Document that is not a part of a Work Agreement, the monthly billings shalt also contain a detailed breakdown by category of any time spent by CONSULTANT's employees and any reimbursable expenses Incurred by CONSULTANT. As a condition precedent to any payment to CONSULTANT, CONSULTANT shall comply with all requirements of the Agreement, Work Agreement, and Work Document, and shall provide a full release of Ilems and fien rights for all Services fumished by CONSULTANT and/or any third parties retained or employed by CONSULTANT. CONSUIJAN`t shall riot be paid for Services which have not boon performed. STANDARD PACIFIC may, in its sale and absolute discretion, require CONSULTANT to furnish release bonds, at CONSULTANT's sole expense, to bond around any liens or stop notices filed by third parties employed or retained by CONSULTANT. STANDARD PACIFIC shall pay each billing in accordance witli [Is own billing practices within each division, or notify CONSULTANT In writing of any dispute regarding the billing. Disputes or questions regarding an Invoice or a portion of an Invoice shall not because, for withholding payment for the remaining undisputed portions due norshall such disputes orqueslions be cause for CONSULTANT to withhold any Services. 11. Ex1Pa Work. CONSULTANT shall perform extra work In acaord'snce with the following procedures: CONSUL`I'AN`f -nrill not provide any Services which are not set forth in a Work Agreement ('Extra Work") without the prior written authorization of STANDARD PACIFIC. Oral authorization is not sufficient. If CONSULTANT performs Extra Wark without such priorvrdtten authorization, it waives any claim for payment for that Extra Work and assumes liability for any losses, costs, expenses, damages, or any other liability of any nature arising from CONSULTANT s performance of the Extra Work. 12. Back-Charaes. if CONSULTANT breaches any provision of the Contract Documents, STANDARD PACIFIC may remedy the breach and back -charge CONSULTANT for all costs, fees and expenses resulting therefrom. STANDARD PACIFIC may back -charge under any Work Agreement or Woak Document for a breach of any other Work Agreemenlor Work Document. Back -charges shall include, without limitation, any actual amounts charged to STANDARD PACIFIC by other consultants retained to cornplete the Services and anyother actual costs incurred by STANDARD PACIFIC to remedy the breach, plus an overhead charge of 15°k of all such actual amounts charged and actual costs incurred, plus any costs and lost profits incurred by STANDARD PACIFIC as a result of any delays arxifor disruption of STANDARD PACIFIC's schedule. The amount and basis for such back -charges shall be documented in a "Notice of Intent to Back -Charge" issued by STANDARD PACIFIC or such other written notice that STANDARD PACIFIC may deliverto CONSULTANT. Any election by STANDARD PACIFIC to remedy CONSULTANT'S breach under this Paragraph andlor slaction aot to terminate this Master Agreement, the Work. Agreement, or the Work Document shall not be deemed to constitute a release or wairver by STANDARD PACIFIC of any of CONSULTANT's obligations under the Contract Documents. 13. Confidentialiiv, CONSULTANT shall keep confidential and not disclose to any person, firm, or corporation, except to Its employees involved in performance of the Services, STANDARD PACIFIC and its employees, and other consultants as authorized by STANDARD PACIFIC in writing, any information relating to the Services or the Project, whether written or aral and afiether disclosed to it by STANDARD PACIFIC or derived from third -party sources, unless such disclosure is required by luw or reasonably required to permit CONSULTANT to carry out the terms of any Work Agreement. 1 a, Conflict of Interest. CONSULTANT shall not, during the term hereof, provide any materials or engage in any work for any other client which might reasonably constitute a conflict of interest with respect to the Services described in a Work Agreement. 15. Governmental Approvals. If required by a Worts Agreement or Work Document, CONSULTANT shall cooperate lvilh STANDARD PACIFIC in obtaining those governmental approvals necessaryor helpful to the Project and shall, When expressly requester! by STANDARD PACIFIC crothemise required bythe Work Agreement or Work Document, attend publicand prvate meetings %vilh government officials in furtherance of the Project, provided that CONSULTANT shall under no circurnstances meet wHh such officials vrithout a representative of STANDARD PACIFIC present during such meeting, unless express prior written permission is given by STANDARD PACIFIC. Fees charged by government. agencies for all nch approvals will be paid by STANDARD PACIFIC unless otherwse agreed to by 10106 3ofa STANDARD PACIFIC and CONSULTANT in writing. 16. Insurance, CONSULTANT shall maintain, at CONSULTANT's sole expense, the following insurance coverages Wth respect to CONSULTANT's Services hereunder (a) Errors and Omissions Uabslity Insurance. Errors and Omissions Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate per antrum, which provides coverage for claims allegedly caused by, arising out of or relating to the negligent acts or omissions of CONSULTANT. Coverage shall meet the following requirements: (i) The deductible or self -insured retention shall not exceed S50.,000. (II) Deletion of any limitation or exclusloi► on coverage for bodily injury or property damage based on subslderice or soil or earth movement or mold. (ill) Deletion of any exclusion or limitation of coverage based upon the type or use of structure of building, (tv) Coverage shall be maintained continuously, so long as said policies are cornmercialty available to CONSULTANT at reasonable cost, for so long as CONSULTANT Is potentially liable to any homebuyer or homeowners' association in a Project for which CONSULTANT has providod Services. (v) All of the insurance required by this Subparagraph 16(a) shall comply with the requirements Sot forth In Subparagraph 16(a). (b) General Liability Insurance. Commercial General Liability Insurance, Including premises, operations, broad form property damage, completed operations, and contractual liability coverages, with minimum limits of $1,000,000 per occurrence and S1,000,000 general aggregate per annum, Coverage shall meet the following requiremenls: (1) Policy shall be written on an occurrence basis. (it) Deductibta or self -insured retention shall be no more than $25,000, (iii) Policy shall be endorsed to name STANDARD PACIFIC, Owner(s), project lender(s), and the affiliated entities of each of them (and any other parties in interest designated by STANDARD PACIFIC) as additional Insuredswith respect to Liability arising out of the ongoing operations of CONSULTANT; provided, however, if STANDARD PACIFIC designates additional parties to be named as additional insureds after a Work Agreement has boon executed by CONSULTANT, STANDARD PACIFIC will be respoiisible for any additional premiums incurred by CONSULTANT because of such designation. (N) Policy shall provide that CONSULTANT-s insurance shall be primary coverage and that STANDARD PACIFIC's Insurance shall be excess and noncontributory with regard to claims allegedly caused by, arising out of or relating to CONSULTANTS Services. (v) Policy shall include a waiver of subrogation in favor of STANDARD PACIFIC, the Ownwr s), the project lender(s), and the affiliated entities of each of them. (A) Coverage for liability arising out of ar relating to the presence or work done by CONSULTANT's subconsultants on the Project. ar soil or earth movement. (vii) Deletion of any limitations relating to liabifty arising out of explosion, collapse or underground hazards. (vill) Deletion of any limitation or oxc►usion on coverage for bodily injury or properlydamage based on sulnidence (Ix) Deletion of any limitation or exclusion on coverage for bodily injury or property damage based on mold. (x) Deletion of any exclusion or limitation of coverage based on the type or use of structure of building. (A) All of the insurance described in this Subparagraph 16(b) shall be maintained in effect at all times for the duration of all Services performed pursuant to this Master Agreement. (xil) All of the insurance required by this Subparagraph 16(b) shall comply with the requirements set forth in Subparagraph 16(e), (c) Automobile Insurance. ComprHhr:nsivo Automobile Liability Insurance covering owned, hired and non owned vehicles, with limits of not less than $1,000,000 each accident, combined Bodily Injury and Property Damage. This insurance shall not have a deductible or self -insured retention in excess of 510,000. 1111106 4018 0512001 DH 0) All of the insurance described in this Subparagraph 16(c) shall be maintained in effect at all times for the duration of all Services performed pursuant to this Master Agreement. (li) All of the Insurance required by this Subparagraph 16(c) shall comply with the requirements set forth In Subparagraph 16(0). (d) Workers' Compensation Insurance. Workers' Compensation Insurance as required by law, Coverage A (Statutory Benefits), and Coverage 0 (Employers Liability) providing a minimum coverage for bodily Injury by accident of $1,000,000 each accident, bodily Injury by disease with a $1,000,000 policy limit, and bodily Injury by disease of $1.000,000 each employee. In addition, coverage must include a waiver of subrogation endorsement In favor of STANDARD PACIFIC, (1) Ali of the Insurance described in this Subparagraph 16(d) shalt be maintained in effect at all times for the duration of all Services performed pursuant to this Master Agreement. (it) All of the insurance required by this Subparagraph 16(d) shall comply with the requirements set forth in Subparagraph 16(e). (e) Requirements Appiicable to All Consuitant insurance. (i)All insurers providing the coverages specified In this Paragraph 16 shall (except as to State Fund) be rated A-: Vll or higher as published in the most current Wditlon of the 'Bests Key Rating Guide: Ch) Priorto oommencementof Services under this Master Agreement, CONSULTANT shall furnish STANDARD PACIFIC with certificates of Insurance evidencing compliance with the foregoing requirements and providing (without qualification) that thirty (30) days' prior notice shall be given STANDARD PACIFIC in the event of cancellation of CONSULTANT's coverages (which notice period may be ten (10) days in the event the ooveraye is cancelled because of CONSULTANTS failure to pay the premium). Replacement certificates shall be sent to STANDARD PACIFIC at least thirty (30) days before such policies are renewed, replaced, or modified. CONSULTANT shall not agree to materially modify the coverage under a policy during the coverage period of such policy without the writtan consent of STANDARD PACIFIC. (III) Anyother material exclusion orlimilatton on coverage which is not already addressed bythis Paragraph 16 must be acceptable to STANDARD PACIFIC. If requested by STANDARD PACIFIC, CONSULTANT shall provide true and correct copies of all such policies to STANDARD PACIFIC within thirty (30) days of such request. (iv) The requirements under this Paragraph 16 shall not In any way affect CONSULTANTs indemnification of STANDARD PACIFIC pursuant to Paragraph 20 of this Master Agreement, nor reduce any of CONSULTANT's other obligations under this Master !Agreement. CONSULTANTS Insurance obligations hereunder shall survive the expiration or Porlier termination of this Master Agreement. (f) Consultant"s Failure to Ott in Insurance, if CONSULTANTfails to secure and maintain the Insurance and provide the certificates and endorsements required pursuant to Otis Paragraph 16, STANDARD PACIFIC (in addition to any other rights and remedies available to STANDARD PACIFIC) may at any time in its sole and absolute discretion alert not to process any payments. STANDARD PACIFIC further reserves the right. but shall have no obligation, to procure the required Insurance (or any portion thereof) on CONSULTANTS behalf and at CONSULTANTS sole cost and expense. 17. Principal Representative of CONSULTANT, Hegardles i of the foci of CONSULTANT's business entity, STANDARD PACIFIC may require In any Work Agreement or Work Document that the Services shall be performed or supervised personalty by a designated person or persons, If any such designated person shall, during the tens hereof, cease to be associated with CONSULTANT for whatever reason, or otherwise fail to so perform or personally supervise the performance of the Services, CONSULTANT shall the In branch hereunder and STANDARD PACIFIC may, at its sole option, term nato this Master Agreement- 18. CONSULTANT Licensing: CONSULTANT Employees. CONSULTANT Is llrensed or maintains in its employ, licensed professionals holding a valid CaUfomla State License as required for the performance of the Servkes under ibis Master Agreement, any Worit Agreement andfor any Work Document, and is fully qualified to perform such Services. CONSULTANT vwrrarrts that all employees of CONSULTANT who perform any portion of the Services shHli Hr fully qualified to perform such services and appropriately licensed as necessary, All such employees shall conduct themselves in a proper and professional mannor and shalt do no act which might cause STANDAf U PACIFIC to be placed in disrepute. Subject to compliance at all times with laws relating to civil rights and discrimination CONSULTANT agrees to remove from the Project any employee objectionable to STANDARD PACIFIC, upon request by STANDARD PACIFIC. 10. Announcements. CONSULTANT shall Issue.no public announcement or press release relating to the Project, this Master Agreement, or any Work Agreement or any Work Document vnth STANDARD PACIFIC, without the express prior written authorization of STANDARD PACIFIC. 20. Indemnification. l 08 5018 0512001 DH 0 0 0 (a) To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend STANDARD PACIFIC (including its affiliates), the Owner (as defined In a Work Agreement or Work Document) (Including Its affiliates), and any other party indemnified by STANDARD PACIFIC at law, in equity or by coritract, and the respective partners, officers, directors, Members, shareholders, employees and agents of each of them who are not themselves an unaffiliated consultant or subcontractor of STANDARD PACIFIC retained as to the Project (collectively, for purposes of this Paragraph only, "Indemnitee-s') from and against any and all claims, losses, demands, liabilities, damages (including; without limitation, bodily injury, emotional injury, wrongful death, property damage, costs to repair, dim°nution In value and any other consequential or incidental damage&), costs or expenses, including, without limitation, atfomeyo fees, experts fees and court costs, Incurred by or made against Indemnilees in any way arising out of or relating to or connected with Ihis Master Agreement, a Work Agreement, a Work Document and/or otherwise with respect to CONSULTANT s Services and caused by or resulting from CONSULTANT's (a) active or passive negligence, error or omission; (b) intentional wrongdoing or wilful misconduct; (c) breach of any obligation under the Contract Documents; or (d) failure to obtain a release for Services performed by any third parties retained or employed by CONSULTANT as required by Paragraph 10, above ("Claim(s)"). Each of the foregoing obligations of CONSULTANT`s independent, and applleswhetherCONSULTANT's actsor omissions are active or passive. CONSULTANT`s indernrrification obligation hercundershall survive the expiration or earlier termination of this Master Agreement until such time as it is determined by final judgment that Claims against the indemnilees for such matters indemnified hereunder are fully and finally barred as to the Indemnilees by the applicable statute of limitations. This survival of indemnity rights shall include, without limitation, those Clalms against Indemnitees for which any statutes of limitations are tolled or extended by estoppel, because of repairs made to the Project or other facts, regardless of consent or participation therein by CONSULTANT. The contractual right of indemnTcalton provided to STANDARD PACIFIC hereunder shall be curoulative to all rights of equitable indemnity to which STANDARD PACIFIC may otherwise be entitled; provided, hmvever, that reservation of the right of equitable indemnity shall not apply to reduce ordocroose any rights of indemnity provided to STANDARD PACIFIC pursuant to the terms of this Master Agreement and this Paragraph. This indemnity applies to the full scope of liability for which CONSULTANT is individually or jointly and severally liable, and shall not be limited by CONSULTANT's comparative fault as to other parties, except.to the extent provided othewsise in Subparagraph 20(b). (b) The defense, indemnity and hold harmless obligations set forth in Subparagraph 20(a) shalt applyregardless of the active or passive negligence or othorfault or lack thereof of Indemnftees; provided, however, that such obligations shall not apply to tho extent (and only to the extent) that: (1) the Claim is for construction defects relaliN to.resideol►al construction and arises out of, pertains to, or relates to the negligence of an indemnitee or STANDARD PACIFICs other agents, other servants, or other independent contractors v/no are directly responsible to STANDARD PACIFIC; (ti) such Claim arises from the sole negfigenoe or willful misconduct of an Indemnitee or STANDARD PACIFIC's other agents, other servants, or other independent ontractors who are directly responsible to STANDARD PACIFIC; or (Ii1) such Claim arises tram defects in design furnished by an Indemnitee or STANDARD PACIFICs other agents, other servants, or other independent contractors who are directly responsible to STANDARD PACIFIC, 21. Ownership of Plans. Specifications, Drawings and Other Documents, STANDARD PACIFIC acknowledges that the CONSULTANT's plans, specifications, drawings and other documents are Instruments of professional services. Neverthetess, all plans specifications, drawings and other documents prepared by the CONSULTANT or at the CONSULTANT's direction under this Master Agreement shall become the property of STANDARD PACIFIC upon payments ofall amounts due the CONSULTANT (other than payments which have been withheld by reason of a d"sspute(s)) nolwithstandiag any election by STANDARD PACIFIC to leave the original or copies of any such materials in the possession of CONSULTANT for the parties' mutual convenience. At any time during the course of CONSULTANT`S Services, at the conclusion of the Services, or at the termination of this Master Agreement, the Work Agreement or the Work Document for any reason, CONSULTANT shall deliver any and all such original documents and .all copies thereof then existing to STANDARD PACIFIC at STANDARD PACIFICs request regardless of the form such material is In at the time requested. STANDARD PACIFIC shall be free to utilize all such material and The contents thereof in any other development or project, provided that any such reuse shall not identify CONSULTANT as the source of any documents. In the event that STANDARD PACIFIC shall (a) reuse the plans on a different project wherein the CONSULTANT is not the design professional of reoord without CONSULTANT's consent or payment therefor, or (b) revise or alter the plans and specifications prepared by the CONSULTANT without the Consultant's consent, then STANDARD PACIFIC shall indemnifyarid hold the CONSULTANT harmless from and agalrnstclalms, suits, demands, losses and expenses, including reasonable attorneys fees, accruing or resulting to any and all persons, firms or any other legal entity on account of .any damage or loss to property or persons arising out of and caused by any such reuse of the plans (as specified in die preceding clause 21(a)) or bythe specific alteration made to said plans and specifications by STANDARD PACIFIC (as specified in the preceding clause 21(b)), 22. Coordination w th Other Consuttanls or Subcontractors. CONSULTANT shall, whi".e its Services are In progress, coordinate its Services hereunder with all other consultants or subcontractors of STANDARD PACIFIC retalned as to the Project. Where correction and/or re -wont is necessary by reason of failure of such coordination on the part of the CONSULTANT, and without limiting any of STANDARD PACIFIC's rights at law, in equity, or underthe Contract Documents, no charge forsuch correction andforadditional work shall be honored by STANDARD PACIFIC If it could have been avoided by proper coordination on the part of CONSULTANT %vith such other consultants or subcontractors. Except as set forth in Paragraph 3 of this Master Agreement, CONSULTANT has no responsibility or liability for any construction documents, calculations, or specifications prepared byany other consultant directly employed by STANDARD PACIFIC. 23. Term. This Master Agreement shalt have an initial term from the date signed until the following October 1st, prodded, however, the term -shall be automatically renewed for successive one (1) year periods on October 1st of each year unless either party hereto notifies the other in writing thirty (30) days prior to the October 1st rono val date that such party is not renewing this Masleef Agreement. Notwithstanding the foregoing, the expiration of this Master Agreement shall not affect the enforceability of the provisions of this Master Agreement %Viith respect to any Work Agreomentor any Work Document relating to a Project on which Services are still being performed at the time of such expiration. 24. Asslanment. STANDARD PACIFIC may, without the approval of CONSULTANT, assign this Master Agreement, the rights under any Work Agreement or Work Document or any other rights or obligations as to a Project to (a) an affiliated entity of STANDARD 10105 6 of 8 05120010M 11 ti 0 0 0 PACIFIC, or (b) to any person or entity in the event of the sale or transfer of the Projector any part thereof. CONSULTANT may not assign this Master Agreement, any WorkAgreement or Work Document orany rights or obligations hereunder without STANDARD PACIFIC's prior written consent, which maybe withheld in its sole and absolute dlscregon. In all other respects, this Master Agreement shall be binding upon and Inure to the benefit of the successors in interest of the parties hereto. 25. Dispute Resolution. (a) General. These dispute resolution provisions apply to any and all actions or claims by, between or among STANDARD PACIFIC and CONSULTANT, regardless of whetheror notother parties are Involved, which arise outof or in any way relate to the Contract Documents, CONSULTANT's Services (including acts and omissions) or any Project or other property with respect to which CONSULTANT provided Services (the 'Disputes"). Disputes include any claimer cause of action whether arising In law, equity, tort, contract, statute, or otherwise. (b) Bindlno Arbitration. STANDARD PACIFIC and CONSULTANT agroo that all Disputes (other than those described in Subparagraph 25(c)) shall be submitted for resolution by binding arbitration to American ArNtration Association ("AAA"). In the oventthe Dispute Is submitted to AAA. AAA's Supplementary Procedures for Residential Construction Disputes shall apply. However, any Dispute submitted to AAA involving a non -monetary demand ora demand exceeding $200,000 shall be administered and resolved pursuant to the AAA's Procedures for Large, Complex Construction Disputes CCountilex Procedures") byono retired judge selected pursuant to the Complex. Procedures from the AAA's Large, Complex Construction Case Panel. NoWv -thstanding the foregoing, if AAA subsequently enacts new rules which are specifically designed for residential construction disputes, such subsequently enacted rules shall apply to all Disputes (other than those described in Subparagraph 25(c)). (c) Arbitration of DigrlutHs Irrvolvinq Homeowners. Horirrebuversor Associations, If the Dispute Invotves a third party homeowner, homebuyer or homeowners association ("Homeownel within the Project, CONSULTANT agrees to and shall complywith and participate in the (Ilspute resolution procedures and provisions which govern disputes between such Homeovrner and STANDARD PACIFIC or Owner ("Homeowne( Disputes") and shall be required to join such proceedings upon STANDARD PACIFIC's or Owner's request. CONSULTANT acknowledges and agrees that the dispute resolution procedures and pmvlslons presently applicable to Homeowner Disputes have been made available to CONSULTANT for review, that CONSULTANT has made such review of such procedures as it deems necessary, that it is the CONSULTANT's responsibility to review the procedures in effect each time it commences work on a crew Project, and that CONSULTANT consents to paricipat'ron in such procedures for Disputes invofV'ing a Homeowner. STANDARD PACIFIC agrees to provide CONSULTANT a current form of the rules and procedures applicable to Hufneuwner' Disputes at any time upon CONSULTANT's request, (d) WAIVER OF JURY TRIAL AS TO ALL DISPUTES COVERED BY THIS PARAGRAPH 25 OF THIS MASTER AGREEMENT, THE PARTIES WAIVE ANY RIGHTS TO JURY TRIAL FOR SUCH DISPUTES TO THE EXTENT SUCH WAIVER IS NOT EXPRESSLY PROHIBITED BY STATUTE OR CONSTITUTION, EVEN IF THE ABOVE DESCRIBED ALTERNATIVE DISPUTE RESOLUTION PROCEDURES AND PROVISIONS ARE OTHERWISE FOUND UNENFORCEABLE. THE PARTIES MAKE THIS WAIVER KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND ACKNOWLEDGE THAT NO ONE HAS MADE ANY REPRESENTATION OF FACT TO INDUCE THEM TO MAKETHIS WAIVER OR IN ANY MANNER OR IN ANYWAY TO MODIFY OR NULLIFY ITS EFFECT. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE HAD THE OPPORTUNITY TO BE ADVISED BY INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THIS AGREEMENT AND IN MAKING THIS WAIVER. THE PARTIES FURTHER ACKNOWLEDGE„ HAVING READ AND UNDERSTOOD THE MEANING AND RANrf,IFICATiONS OF THIS WAIVER. AND INTEND THIS WAIVER BE READ AS BROADLY AS POSSIBLE AND EXTEND TO ALL DISPUTES COVERED 13Y THiS PARAGRAPH OF THIS MASTER AGREtrMEN r. (e) Add4lonal Rules and Procedures. (1) CONSULTANT covenants and agrees that it shall cause any sub -consultant or other person performing •6votk or supplying materials pursuant to this Master Agreerent to acknowledge and be bound bythese dispute resolution procedures and provisions. (ii) Unless otherwise specified in the arbitration rules and procedures referenced In Subparagraph 25(b) and Subparagraph 25(c), the parties to the Dispute shall share equally in the fees and costs of the dispute resolution proceeding, unless the Arbitrator orders otherwise. The arbitrator may award litigation costs to the prevailing party. (ill) If any provision or any part of these dispute resolution provisions is for any reason held to be invalid, unenforceable or contrary to any public policy, law, statute andfor ordinanco, then the remainder of these procedures and provisions shall not be affected thereby and shall remain valid. (iv) Unless otherwise agreed In wrtting or directed by STANDARD PACIFIC, CONSULTANT shall carry on the Services and maintain its progress during anyd:spute resolution proceedings, and STANDARD PACIFIC shall continue to make payments to CONSULTANT In accordance with the Contract Documents. (v) This Paragraph 25 is an essential element of this Master Agreement. 26. G_�v_en7irig Law, This Master Agreement shall be governed by the laws of ire State of California, except that the application and enforceability of a dispute resolution proceeding set forth in Paragraph 25 shall be governed by the Federal Arbitration Act. 0512001 DH 0 0 0 27. Entire AQLg2rnent This Master Agreement represents the entire and integrated agreement between STANDARD PACIFIC and CONSULTANT with respect to the matters contained herein and supersedes all prior negotiations, representations, or agreements regarding such matters. Should any Work Agreements be executed, each such Work Agreement together with the provisions of this Master Agreement shall be the entire Integrated agreement between STANDARD PACIFIC and CONSULTANT with respect to such Services set forth In such Worts Agreement and all other matters contained therein and shall supersede all prior negotiations, representations, or agreements regarding the Services or such matters. Services performed after the date of this Master Agreement, regardless of whether performed pursuant to a Mork Agreement or Work Document Issued before orafter the date of this Masler Agreement, Will be governed by the terms of this Master Agreement. Services performed prior to the date of this Master Agreement will be governed by the terms of the applicable agfements effective as of the time of performance of such Services. In the event, CONSULTANT executes a Master Agreement with more than one division of STANDARD PACIFIC, the version that governs for a particular Project shall be the one that was executed by the division in charge of that ProjecL This Master Agreement and any Work Agreement may be amended by (and only by): (a) a written agreement executed by an aulhofted representative of STANDARD PACIFIC and CONSULTANT; or (b) a Work Document executed by an authorized representative of STANDARD PACIFIC. 28. Dor�timents Submitted by CONSULTANT. The provisions of any documents prepared or submitted by the CONSULTANT which are attached or incorporated into this MasterAgreemenl or any Work Agreements, Work Documents or any exhibits thereto and are contraryto the provisions of the this Master Agreement, any Work Agreements andlor any Work Documents shall have no binding effect on STANDARD PACIFIC unless each page of such provislon Is approved and initiated by STANDARD PACIFIC and specifically references the provision in the Contract Documents which are contrary thereto. 29. Priority of Contract Doeumnntx. In interpreting Contract Documents which contain inconsistencies, the following orderof priority will be given: (a) lNork Documents executed tyy a duty authorized representative of STANDARD PACIFIC; (b) Work Agreements; (c) this Master Agreement, and (d) other Work Documents. In the event more than one edition of the same document Is In existence, the tatBr date edltlon will control. 30, Waiver. No waiver by either party of any of the terms or conditions hereof shall constitute or signify a continuing ►waiver of any such term or condition or welver of any other term or condition. 31. No Interpretation Against Drafting Party. In interpreting this Master Agreenwrit, Me provisions in this Master Agreement shall not be construed against or in favor of either party on the basis of which party drafted this Master Agreement. 32. Notirrati, No notice, request, demand. Instruction, or other document to be given hereunder to any party shall be effective for any purpose unless mailed first class, postage prepaid, ,personally delivered, delivered by commerra al ovemight delivery service, or sent by certified or registered mail, return receipt requested, to the appropriate address set forth bOmpe, ar transrnilted try facsimile. For all purposes herein, the addresses for nooses shall be provided as set forth on the signature page to this Master Agreement and/or on a Work Agreement, as the case maybe. Notices that are mailed shall be deemed to have been given on the second day foitovAng deposit of some In. any United States Post Office mailbox in the state to v4lich the notice Is addressed or on the third day following deposit In any such post office box other than In the state to which the nolioe is addressed, postago prepaid, addressed as set forth above. Notir.es sent via commercial overnight delivery service should be deemed to have been given the next business day after depositvrith the commercial delivery service. Notices that are transmitted via facsimile shall be deemed to have been given upon transmission as evidenced by a facsimile confirmation, The addresses and facsimile numbers for the purposes of this Paragraph may be changed by giving written notice of such change in die fnanoer herein provided for giving nonce. 33. Time is of the Essence. Time Is of the essence for each and every term of this Master Agreement. `STANDARD PACIFIC' STAND D PACIFIC COACHELLA VALLEY, A DIVISION OF STAND3::X= By: Name: Clinton H. Fullen Title: Authorized Beiiresentative License Number. 641666 Information for Notices: 15326 Alton_Pkwn! Irvine. CA 926% "CONSULTANT' CRM TECH B� Name: Title: C-.(' License Number: information for Notices: Pt U s(p , c�A 1 V015 05t20010H $5044 za/zz/05 Standard Pacific Coachella Valley Page: A Di1 Division AGREEMENT Corp. ORIGINAL Consultant Contract Project: 20030000 DUC 53 Date Printed: 3/09/06 Work Agreement#; 550345 OF ARCHEO / PALEO MONITORING Consultant: H & T CULTURAL RESOURCE MANAGEMENT INC DBA CRM TECH 4472 ORANGE STREET RIVERSIDE CA 92501 PHONE: (951) 784-3051 FAX: (951) 784-2987 This Mork AUrccment is issued pursuant to that Certain Master Consultant AUrcencrt between Contractor and Consultant, as currently in effect as of the date of this Work Agreement. This wort. Agreement specifically incorporates herein by reference all. the terms and conditions of said toaster Consultant Agreement as if sec forth in full herein. _. GENERAL 1NPORMATI011: a. COUrRACTOR: b. 01iNER: c. LENDER: d. PROJECT: Standard Pacific Corp. Standard Pacific Coro.. IVA DUC 53 2. SCOPS OF WORK: Scope of work for services as attached as Exhibit "A" to this Work Agreement. 3. PAY?MM%T SCHEDULE: Sec attached "h ibif "R" -fine Payment aahSdulp. 4. COJISULTANT PERPORMi.IaCE: Except in provided i.n thin Work Agreement which applies only no the Project an deacrihed .i.r, Exhibit "A all proviulo;it) of the Master Concwltant Agreeaent shall remain in fcl] force and effect. 5. EXHIBITS: All Exhibits that are Attached hereto are made a part of this Fork Agreement and by this reference incorporated herein. __`- -- - -------------------------- ------"------........................................ _.................................... my siy.atere uelev ack"o.ledjes tftat i have rnnn, rood, and nndr.rntn:d the Flnntnr tan—ltant Ayr..am—L, this. Nnrl. Aycrrmrn1., and all u:LiLiLz thesato. Contractor License teurber, ACCRPT®, 3ubeonereeta- CoatYtlotar, I1 L T CULTURAL RFD04nCF W.VA,!F.NP.t."T rKC Standard Pacific Coachella valley A Division of Standard Pacific Corp. A Delarartion y 1 Date: ay: 41t— Date, 3 ( W ;it,v _ rl�c,t:Pe� T_tle'Authorized Representative 206101 H & T CULTURAL RESOURCE MANAGEMENT INC DUC 53 550345 OF 5550:a $5046 11/11/05 Standard Pacific Coachella Valley Page: 1 A Division of Standard Pacific Corp. EXHIBIT B ORIGINAL Consultant Contract Project: 20030000 DUC 53 Date Pr.i.nteci: 3/09/06 Invoice#: Stork Agreement#: 550345 OF ARCHEO / PALEO MONITORING Invoice Date: ORIGINAL CONTRACT Consultant: H & T CULTURAL RESOURCE MANAGEMENT INC DBA CRM TECH 4472 ORANGE STREET RIVERSIDE CA 92501 PHONE: (951) 784-3051 FAX: (951) 784-2987 ccat Orlr,) Ina OrIninal Prev Previously Corr Current Coda Oeecriptior,- Puant:ty UM Unit Price Cbntltaet Total Oty billed AwUnt Oty Billed Ampunt ...... --------------- __________ __ _____________ _____----------- ______ --------------- ...... .............. 212406/5 NE Archna/Pa lco 1.00 LS 23,7.0.00 23,700.00 VrAI.: 21, 740.00 SS_ A'IrACRPU $LGPR OF WORK AIfU Cn9T PROPOSAL, DATED 02/27/06 ONE MONITOR FOR 340 HOURS 0 S60/HR 5 14,400.00 ADDiTTON.AT. ARCN.AF.O MO:IITOP - 20 HRr. 0 900.06 ARTIFACT t'RCP, CATALOG 6 ANALYSIS 2, 640.Ot, PREPARATION OF SITE RECORDS 2,160.00 PREPARATION OP 71NAL AR(,AAE0 RF,POFT 1,620.00 TOTAL R£,TIMATR, HTE F/O AUTHORIZATION S 23,740,00 y•- •' aignature o01or ac IUJ 1r. y0µ I;II t T hu 1-1 tin a cnadnndundrrnLmld th <yM..I.— C—oult—L'lydra-a-L, Lb. 1t7r), AyreaounC, end_-- a.I oxhibita thereto. hCCSPTED: CIIn Git I hnnY.: It 6 T CULTURAL RESOUR _R YANAGF'1i0:7 T1;r Oatn:3�J�� Conrrrtar l.icr..wn Eu=:her: Centre:tor: Standard aacific Coachella valley A Oi.virion of Standard Pacific Corp. A Dclntrarc Corporation f ay. 0at_1 3 06 ?itle: Authorized Representative 206101 E & T CULTURAL RESOURCE MANAOENENT INC DUC 53 20000 550345 OF d55046 1 Page I of 3 Rosie Lara From: Carrie Elwell Sent: Tuesday, March 07, 2006 5:08 PM To: Rosie Lara Subject: RE: LQ 53: Torres -Martinez Cultural Monitor I'm so sorry, I missed overnight services today... is it ok if it goes out overnight tomorrow? I will send it to their office, since we can't overnight to a P.O. Box... it will get there Thursday morning. Thanks, Carrie From: Rosie Lara Sent: Tuesday, March 07, 2006 4:15 PM To: Carrie Elwell Subject: RE: LQ 53: Torres -Martinez Cultural Monitor Carrie, Please send MCA to William Contreras at wcontreras(cD-torresmartinez.org. You can also reach him at (760) 397- 0300. The address is P.O. Box 1160 Thermal, CA 92274. I'll send you a v-card for Ram's contacts as soon as I have it my system. Here is the website if you need it or maybe don't? http://www.torresmartinez.org/ Thanks, 0 From: Carrie Elwell Sent: Tue 3/7/2006 3:56 PM To: Rosie Lara Subject: RE: LQ 53: Torres -Martinez Cultural Monitor CRM Tech signed the regular MCA... I just need the contact information, and I will send it out today. I will put that they do "Cultural Monitoring" services. Thanks, Carrie. 3/29/2006 Page. 2 of 3 From: Rosie Lara Sent: Tuesday, March 07, 2006 3:10 PM To: Carrie Elwell Subject: FW: LQ 53: Torres -Martinez Cultural Monitor Hi Carrie, Can you help me figure out which agreement will work best for the Torres -Martinez Cultural Monitoring? Maybe it's the same agreement as we used w/CRM Tech? Let me know what you/Ram suggest. Thanks, RL From: Ram Fullen Sent: Tue 3/7/2006 2:04 PM To: Rosie Lara Cc: Salim Rahemtulla; Carrie Elwell; Bob Roper; Richard Cole Subject: RE: LQ 53: Torres -Martinez Cultural Monitor Rosie, please discuss with Bob Roper. We will need them to sign either our standard MCA or our Short Form MCA if we feel that would be applicable. We can not pay anyone without a committing document. TkanL You, Ram From: Rosie Lara Sent: Tuesday, March 07, 2006 1:36 PM To: Salim Rahemtulla Cc: Ram Fullen Subject: LQ 53: Torres -Martinez Cultural Monitor Hi Salim, To avoid interuption of our grading at the La Quinta site, I met with William Contreras the Director of Archeological and Cultural Research with the Torres -Martinez Tribe to discuss monitoring. Contreras is the Senior Monitor for the tribe and he explained that they would send a monitor as soon as possible. They will charge us $50.00 an hour for the monitor. He assured me that he would be willing to write a letter explaining that we made an attempt to have monitors at the site. I went through the orientation session with them where they explained the cultural monitor process. Contreras explained that they are not at our sites to shut us down. They simply want to protect their cultural assets. If artifacts or other items are found they will temporarily haft grading in the designated area and let the Rough grade continue. It's all summed up in the document that I will fax to you and Ram. They will provide us with a copy of their insurance asap. I asked him if they signed MCA and he said that they had never signed one before. He explained that they are a soverign nation which has their own laws and has Federal 3/29/2006 Page 3 of 3 regulations. Please let me know if you need my assistance any further. Thanks, RL 3/29/2006 Page 1 of 1 Rosie Lara From: Rosie Lara Sent: Tuesday, March 21, 2006 2:57 PM To: Salim Rahemtulla Subject: FW: Master Consultant Agreement for Standard Pacific Homes This is a follow up e-mail that I sent to William Contreras with Torres -Martinez monitors. On Monday morning I called William and he told me that he was going to check his inbox. I told him that we had started grading on a portion of the site and we would proceed to grade on the other half by next week. I also told him that we had CRM Tech at the site monitoring as well. At that point, he told me that we were not located in a hot spot area and that they were really short staffed. I told him that we wanted them to come monitor our site but we had to work out the agreement first so that we wouldn't have any billing problems in the future. He then said "okay I'll check my inbox." I called him again this morning and left him a message to call me back if he had any questions. In my previous conversation with Stan, he explained that we need to show that we made a good faith effort to get a local Indian tribe monitor to our site. He said that if the local tribe does not want to monitor the site for what ever reason, the tribe will give a letter of good faith. This letter can be submitted to the city and will clear us of the condition. Thanks, RL From: Rosie Lara Sent: Monday, March 20, 2006 12:06 PM To: wcontreras@torresmartinez.org Subject: Master Consultant Agreement for Standard Pacific Homes Hi William, Please give me a call if you have not received our Master Consultant Agreement. As I've explained before, our company policy is to have an MCA in place before we can pay consultants for their services. You can reach me at (760) 218-8258. Thanks, Rosie Lara Assistant Project Manager Coachella Valley Division 3/29/2006