Loading...
5056rIF Finance Revenue Code E-1 01! .. IpJtl J10 , s� APR ENCROACHMENT PERMIT,��'` uPUBLIC WORKS CONSTRUCTION For the construction of public or private curbs, driveways, pavements; sidewalks, parking lots, sewers, water mains and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS. Subdivision Improvement Permit - Class III Minor Improvement Permit Class IV DATE:March 28, 2006 LOCATION OF CONSTRUCTION (Street address.or Description': Capistrano TM 31910; Monroe St. 1/4 mile north of Avenue 58 PURPOSE OF CONSTRUCTION: Offsite and onsite water and sewer improvements DESCRIPTION OF CONSTRUCTION: See approved CVWD approved plan ��y���go DIMENSION OFINSTALLATION OR REMOVAL: APPROXIMATE TIME WHEN WORK WILL BEGIN:April 17, 2006 TIME OF COMPLETION:August 17, 2006 ESTIMATED CONSTRUCTION COST: $243,790.00 (Including removal of all obstruction, materials, and debris, backfilling, compaction and placing permanent resurfacing and/or replacinc improvements) COMMENTS: 110,200.00 + 133,590.00 = 243,790.00 Inconsideration of the granting of this permit, the.applicant hereby agrees to: Indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or curt 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. k Comply with all applicable City Ordinances, the terms and conditions of the permit and all applkajbj ules and regulations of the City of La Quinta and to pay for any additional replacement necessary as the result of this work. '", II Signaturej.8f l pplicant or Agent Desert Elite, Inc. - John Pedalino 78401 Hwy 111 Suite "G" La Quinta, CA 92253 (7601 777-9920 Cell (760) 578-6915 Name of Applicant (please print) Business Address Telephone No. James A Shirley Construction 59-160 Mesa Dr. Yucca Valley, CA 92284 (760) 228-0447 Name of Contractor and Job Foreman Business Address Telephone No. 710357 6432 Contractor's License No. City Business License No. Everest Insurance Company 6400000010-51 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 As -Built Deposit Cash Deposit -Surety Bond, if required TOTAL $ 7,310.00 $100.00 $NA $NA $ 7,410.00 PERMIT NO.5056 DATEkPPROVED: 6 EXPIRI�0�1 DATE (� BY: INN Administrative Authority 4two'- N p�t'i ^eS f� � X Q�S d�+j- / uye� S l �t ion Jl tiL�.3l.� be«..�� Fw� I'lc � Ko� S todl LIC W®RKE00EP. Date: 3/28/06 Tract No: 31910 Project Name: Capistrano Vicinity: Monroe St. 1 /4 mile north of Avenue 58 2F TMENT RMIT Purpose of Construction (Ex: Rough Grading, Offsite Street etc) Offsite and Onsite Seger and Water Improvements Description of Construction (Ex: See Plan Set No. 01234) See Approved CVWD Approved Plan Dimension of Installation or Removal: Approximate Construction Start Date: 4/17/06 Approximate Construction Completion Date: 8/17/06 Estimated Construction Cost: $ 1 p, ZD 0, 70 k 02510 Estimated Construction Cost shall include the removal of all obstructions, materials, and debris, back -filling, compaction and placing permanent_ resurfacing and or replacing improvements Contact Name: John R. Pedalino Phone Number: 760 578-6915 Name of Applicant/Owner: Desert Elite, Inc. Applicant Address: 78401 Hwy. 111 Suite G La Quinta, CA 92253 Applicant Telephone Number: 760 777-9920 Name of Contractor: James A. Shirley Construction, Inc. Contractor Address: 59-160 Mesa Dr. Yucca Valley, CA 92284 Contractor Telephone Number: 760 228-0447 Contractor State License Number: 710357 Contractor City Business License Number: 6432 ► A COPY OF THE CURRENT INSURANCE CERTIFICATE MUST BE PROVIDED - Applicant or Contractor General Liability Insurance Company - Everest Insurance Company Applicant or Contractor General Liability Insurance Policy Number: 6400000010-51 Office Use Only: $ 7, 3 (Q, OJ Inspection Fee: Permit Fee: I OO, a J As -Built Deposit: V �' Dust Control Deposit: Credit 'Amount.—'...._..... - Irn n.-i Office Use Only: Assigned Permit Number. S O5 Approval Date: Expiration Date: Issue Date: Administrative- Authority=--.... - a,, 1('a�J ic. 0 OJ TOTAL FEE DUE: immes a shirMy ConMtruC v Inc - Gen. &Vkw ft Ccnuudcr uC. ! 710367 Yucca VBHey. Caf bn" 92O-13" (T80) 22&,D"? (7150) 22%4129 Pax >pc � Calitwak OWM R084 9Z83 Mmiew Ca 92562 (9SI) 6774115 Fax (95)) 60Q►2611 AMM On* HiMiDOM proposal Dais Pr000" a 2/15/2006 692 P► I*d Project a 3)910 CAMSi1)ANO an" 0100c "don aty Unit Prfoa Tout Wales tem II WA EL' Ia- ow O rnt RESIPA M YOWT,AND PMT t,roD3 76.00 137.028.00 59.018.00 D= 2 12' DW wim Runtwr 30W AND POLY 1 � 6,466 46.00 75.00 161.650.00 Iran 3 r DIP WrM POLY 2 3.700.00 11,400.00 >:om 4 13r SwfM 3 3,S00.00 10,5M.00 Item 5 11m►6 a' Sulm I8' BurrFAMY VALVE 9 5.240.00 29,160.00 A=7 12•GATEVALVE 9 27 1,940.00 1,000.00 37,460.00 27,000.00 Ilem 8 teem 9 8• GATE VALVE 36" BORE. 27 L)87PM FEET 1 35,50o.0o 35.500.00 temm 10 6" HLOW OFF 2 2 2.750,00 S.160.00 5,500.00 10.320.00 Iwn 11 I r TIE IM 2 4,250.00 8,500.00 lrtm 12 item 13 r Am VAC ?A' CASM "APAR FEM 24 57.00 1,3611.00 Um 14 ME HYDRAN7 25 131 4_V&00 490.00 107,Moo, 64,190.00 bee IS Itom 16 1 R►ATPA 91OlVICB, P10MuER RAISE VAL.VB CAM To SUN QLAEV, ONE T1bw ONLY 49 230.00 12,150.00 Item 17 RAISE VALVE DAIS TO FMMH GRADE, ONE 7M ONLY 49 MAD 19.110.00 a�• - -., 717,454.00 sevar lresn 1 SEWER: 2I' ViCp 1,645 147.00 2I1.8I5.00 hank 2 s" VCF 7,057 25.00 t76.425.00 It= 3 4' LATERAL 132 490.00 64.680.00 Item 4 UANILOLE ON 21" VCP 5 5,2 0.00 26.2m.00 Item 5 MAI4HOI.E ON 8' VCP 28 1,8W.00 52AC.00 lector 6 42' BORE, O Ri AR I = 1 39AM.00 39,400.00 Item 7 RAME MANML'9 LIDS TO MAR GRAM ONE Ma ONLY 34 250.00 M00.00 Loam 3 PAISIr MANMLE MS TO i'DMH GRADE. ONE Ma ONLY 34 390,00 13,2W.90 ham 9 6" C 2" OUT 1 690.00 690.00 SubWW 623,610.00 Oeaecal Coadtiaw oa raltowte0 poom Pape I TOTAL CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31910 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between LA QUINTA 57 ESTATES, INC. a CALIFORNIA CORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31910 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. CADocuments and Settings\John\Local Setlings\Temporary Internet Fi1es\0LK51\0FFSITE SIA.doc 1 of 8 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal govemment and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty CADocuments and Sellings\John\Local Settings\Temporary Internet Fi1es\0LK51\0FFSITE_SIA.doc 2 of 8 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty CADocuments and SettingsWohn\Local Settings\Temporary Internet Files\0LK51\0FFSITE_SIA.doc 3 of 8 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. CADocuments and SettingsUohn\Local Settings\Temporary Internet Filesk0LK51\0FFSITE SIA.doc 4 of 8 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B: The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. CADocuments and SettingsUohn\Local Settings\Temporary Internet Fi1es\OLK51\OFFSITE_SIA.doc 5 of 8 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay.by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Principal Address LA QUINTA 57 ESTATES, INC. 78-401 HWY 111 STE G LA QUINTA, CA 92253 (760) 777-9920 By:_ Title: By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date Date CADocuments and SettingsUohn\Local Settings\Temporary Internet Files\OLK5I\OFFSITE_SIA.doc 6of8 Exhibit A OFF -SITE SECURITY —TRACT MAP NO. 31910 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street $ 294,779 $ 294,779 8' Meandering Sidewalk $ 42,264 $ 42,264 Perimeter Landscaping $ 66,567 $ 66,567 Median Landscaping $ 23,885 $ 23,885 Storm Drain $ 61,740 $ 61,740 Domestic Water $ 110,187 $ 110,187 Sanitary Sewer $ 133,590 $ 133,590 Totals $ 733,011 $ 733,011 Standard 10% Contingency $ 73,301 $ 73,301 Total Construction Cost $ 806,312 $ 806,312 Professional Fees & Plans, Design 10% $ 80,631 $ 80,631 Professional Fees, Const 10% $ 80,631 $ 80,631 Bond Amount 780,618 780,618 CADocuments and SettingsUohn\Local Settings\Temporary Internet Fi1es\0LK51\0FFSITE SIA.doc 7 of 8 r: jg� P 5 1o�,,k3 1� 19�- c17(cA) C, W20.2 p W20-1 WIA (RT) WI-4(LT) 25 DEMUR ( xt DEMUR WORK % KEEEP �� �� � I �. RIGHT MONROE ST. 330 IFT 500 SO E ---r _—t----------- - - - -- -- -- -- , a T - � ��� l�� -1� � l 1 l l 1 �' � l 1' b l l b l l� l,llllilll.b� , t. �` c. > d ! SEE NOTE 4 TO AVE. 58> 500 FT " 500 FT N 3 O 0 ` r KEEP 1 C1 (CA) ROADWO.K® 1 f 25 ; TRACT# 31910 NOTE§.-1: ALL TRAFFIC CONTROL DEVICES FOR THIS PROJECT SHALL BE IN ACCORDANCE WITH MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (M.U.T.C.D.) 2003 AND THE 2003 M.U.T.C.D. _ CALIFORNIA SUPPLEMENT. 2. TRAFFIC CONTROL SHOWN HEREIN IS THE MINIMUM REQUIRED. ADDITIONAL TRAFFIC CONTROL MAY BE REQUIRED TO FACILITATE PUBLIC SAFETYAND TRAFFIC FLOW IF DEEMED NECESSARY BY CITY OF LA QUINTA OR COUNTY OF RIVERSIDE REPRESENTATIVE. 3. THROUGHOUT EACH WORK PERIOD, CONTRACTOR SHALL INSPECT TRAFFIC CONTROL (SIGNS, BARRICADES AND DELINEATORS) AND MAINTAIN SAME IN ACCORDANCE WITH TRAFFIC CONTROL PLANS. 4. CONTRACTOR SHALL MAINTAIN A MINIMUM 10' TRAFFIC LANE WIDTH AT ALL TIMES. THERE SHALL BE A MINIMUM T BETWEEN THE EDGE OF CUT AND THE NEAREST TRAFFIC LANE THE CONTRACTOR MAY USE THE DIRT SHOULDER IF PROPERLY PREPARED FOR TRAFFIC BUT WILL NEED TO HAVE SUFFICIENT CLEARANCE FROM EXISTING CONSTT, FENCE ON THE WEST SIDE OF MONROE. IF THERE IS NOT ENOUGH WORK SPACE BY FOLLOWING THIS PLAN, THEN THE CONTRACTOR WILL NEED MUSE FLAGGERS AS SHOWN ON SHEET 2 THAT IS FOR THE CROSSINGS.. 5. ACCESS TO PRIVATE PROPERTY SHALL BE MAINTAINED ATALL TIMES. 6. THIS TRAFFIC CONTROL SHALL BE IN PLACE DURING WORK HOURS ONLY. AT END OF WORK HOURS, THE TRENCH SHALL BE BACKFILLED OR PROTECTED BY K-RAIL BARRIER (TRENCH IS APPROX 2' FOR EDGE OF PAVEMENT), THE ROAD CLEARED OF DEBRIS AND TRAFFIC RETURNED TO NORMAL. 7. THE CONTRACTOR MAY ONLY CLOSE A PORTION OF THIS PLAN AT SOMETIMES DEPENDING ON HIS WORK AREA FOR THE DAY. 55 Install Water for Tract # 31910 James A Shirley Const. Tops N Barricades, Inc. Phone Prepared 4 eased an StwWw (800)852-TOPS Ron Fifield NY 1 of 2 4/10/06 To Be Issued on Approval .11 �r I' w p ^ So^^��^ O �� 5 NO SCALE w,. W20-1 KEEP a,, ROAD RIGHT RK AH AD RIGHT MONROE ST. 500 ET l�=�����r- �j,��� �.� �. PP OX.20 � --- ------------- --- ---- -- 3z TO AVE. 58> 500 FT 500 FT 500 FT T C2 Cn(CN C27 CA C9�A) � � PEK �7RE (Oil l go W -1 WZO.S (Rn W20.5 (Rn //IaNE "'� � 4CLASED� ROAD 'R" arturfGHT AW-W TRACT# 31910 QOSEO A\ MEADI�" l . ¢ o. k NOTES: 1. ALL TRAFFIC CONTROL DEVICES FOR THIS PROJECT SHALL BE IN ACCORDANCE WITH MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (M U.T.C.D.) 2003 AND THE 2003 M.U.T.C.D. CALIFORNIA SUPPLEMENT. 2. TRAFFIC CONTROL SHOWN HEREIN IS THE MINIMUM REQUIRED. ADDITIONAL TRAFFIC CONTROL MAY BE REQUIRED TO FACILITATE PUBLIC SAFETY AND TRAFFIC FLOW IF DEEMED NECESSARY BY CITY OF LA QUINTA OR COUNTY OF RIVERSIDE REPRESENTATIVE. 3. THROUGHOUT EACH WORK PERIOD, CONTRACTOR SHALL INSPECT TRAFFIC CONTROL (SIGNS, BARRICADES AND DELINEATORS) AND MAINTAIN SAME IN ACCORDANCE WITH TRAFFIC CONTROL PLANS. 4. CONTRACTOR SHALL MAINTAIN MINIMUM 11' TRAFFIC LANE WIDTH AT ALLTIMES. THERE SHALL BE AMINIMUM T BETWEEN THE EDGE OF CUT AND THE NEAREST TRAFFIC LANE. 5. ACCESS TO PRIVATE PROPERTY SHALL BE MAINTAINED AT ALL TIMES. 6. THIS TRAFFIC CONTROL COULD BE LEFT IN PLACE OVERNIGHT IF APPROVED BY BOTH AGENCIES (ESPECIALLY AFTER THE TRENCH IS OFF THE EXISTING PAVEMENT. IF LEFT OVERNIGHT, THEN ALL TRAFFIC CONTROL DEVICES SHALL BE REFLECTIVE AND ALL BARRICADES SHALL BE EQUIPPED WITH FLASHING LIGHTS. 55 Install Sewer for Tract # 31910 PM1ne Cosh c N Traft Conhol Cmdrami James A Shirley Const. Tops N Barricades, Inc. Phone Prepared By Based on Standen (800)852-TOPS Ron Fifield N/p S um Date PennilNumher 1 4/10/06 To Be Issued on Approval Al City of La Quinta The following General and Special Provisions are attached to and made a part of Permit Number 5056 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 Fine and the existing road paving shall be two and a half inches (2 %") 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 ® 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. ® 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. ❑ 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 ( " N/A " ) inches of A.0 surfacing placed on a ( " N/A **) inch (`* N/A " ) 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. 03/29/2006 WED 17:03 FAX 760 777 7155 City of La Quinta Pub,Wk 2 001/001 ENCROACHMENT PERMIT PUBLIC WORKS CONSTRUCTION Finance Revenue Code E-11 For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS. Subdivision Improvement Permit - Class III Minor Improvement Permit Class IV DATE:March 28, 2006 LOCATION OF CONSTRUCTION (Street address or Description): Capistrano TM 31910; Monroe St. 1/4 mile north of Avenue 58 PURPOSE OF CONSTRUCTION: Offsite and onsite waiter and sewer improvements DESCRIPTION OF CONSTRUCTION: See approved CVWD approved plan DIMENSION OFINSTALLATION OR REMOVAL: APPROXIMATE TIME WHEN WORK WILL BEGIN:Aonl 17, 2006 TIME OF COMPLETION:Auaust 17, 2006 ESTIMATED CONSTRUCTION COST: $243,790.00 (Including removal of all obstruction, materials, and debris, backfilling, compaction and placing permanent resurfacing and/or replacing improvements) COMMENTS: 110,200.00 t 133,590.00 = 243,790.00 In consideration of the granting of this permit, the.applicant hereby agrees to: Indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application. Notify the Administrative Authority at least twenty-four (24) hours In advance of the time when work will be started at 17ft 777- 1075. Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulations of the City of La Quinta and to pay for any additional replacement necessary as the result of this work. Signature of Applicant or Agent Desert Elite. Inc. - John Pedalino 78401 Hwy 111 Suite "G" La Quinta, CA 92253 (760) 777-9920 Cell (760) 578-6915 Name of Applicant (please print) Business Address Telephone No. James A Shirley Construction 59-160 Mesa Dr. Yucca Valley, CA 92284 (760) 228-0447 Name of Contractor and Job Foreman Business Address Telephone No. 710357 6432 Contractor's License No. City Business License No. Everest Insurance Company 6400000010-51 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit - Class III Public improvements: 3% of estimated construction costs Private improvements: 396 of estimated construction costs Minor Improvement Permit - Class IV See attached schedule Inspection Fee Permit Fee As -Built Deposit Cash Deposit -Surety Bond, if required TOTAL $ 7,310.00 $100.00 $NA $NA 57�410.00...... .. ....... PERMIT NO.5056 DATE APPROVED: EXPIRATION DATE: BY: Administrative Authority PERMIT NO.5056 Capistrano/Offsite and Onsite Sewer & Water/Tract No. 31910 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. James A. Shirley Construction and/or Desert Elite. Inc., 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 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) neither before 8:3.0 a.m. nor after 4:30 p.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. The permittee and/or contractor placing engineered fill must provide adequate time and safety for the Geotechnical Engineer of Record to perform soils testing during engineered fill placement. The testing frequency shall be determined by the Geotechnical Engineer of Record such that the fill can be determined to be placed according to the city approved plans. Special Conditions Page 1 of 6 PERMIT NO.5056 Capistrano/Offsite and Onsite Sewer &.,Water/Tract No. 31910 8. The permittee and/or contractor shall provide surveyor staking information adequate for the City Inspector to determine horizontal and vertical locations relative to the approved city plans. The minimum required wood lath type stakes shall be placed at all proposed building corners, and they shall .state the horizontal location relative to building corner and the elevation of the top of hub next to the lath. 9. 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. 10. The permittee shall place temporary no parking signs along the parking area affected by the construction. The signs shall be placed along the area 48hrs prior to the start of closing the area, and removed immediately after the construction completion date. 11. 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. 12. 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. 13. 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. 14. The permittee shall be responsible for calling the city inspector to arrange the city inspector to observe random trench compaction testing performed by a city approved material testing firm. 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. The inspector shall determine the number and location of the test location/s. The above testing does not relieve the permittee's responsibility for future repairs due to settlement at and near the locations of the work area. Materials testing must be performed under direct supervision of a California Registered Civil Engineer. Special Conditions Page 2 of 6 PERIMIT NO.5056 Capistrano/Offsite and Onsite Sewer & Water/Tract No. 31910 15. 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. 16. 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 17. The permittee shall not encroach upon private property without prior written approval (submit to the Public Works Department, attention to the Associate Engineer) of the private land owner whom is being encroached upon. 18. 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. 19. 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. 20. 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. 21. 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. 22. The permittee is required to provide an informative message board (approved by the City Engineer) informing the commuters using the affected roadways ofpossible traffic delays, time of construction, and if possible alternate routes. The message board shall be provided for the commuters 48 hours prior to the start of traffic delays. 23. 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 to Section 306-1.3 of the latest edition of the Standard Specifications for Public Works Construction (SSPWC), except as otherwise specified herein. Special Conditions Page 3 of 6 PERMIT NO.5056 Capistrano/Offsite and Onsite Sewer & Water/Tract No. 31910 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. 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. Special Conditions Page 4 of 6 PERMIT NO.5056 Capistrano/Offsite and Onsite Sewer & Water/Tract No. 31910 24. 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. 25. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its original condition. 26. Access and egress to all local properties shall be maintained at all times. 27. Pursuant to Section 14.16.375 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), permanent pavement replacement shall be completed no later than seven (7) days after the completion of the work. Permanent pavement replacement shall conform to the following conditions: A. Existing asphalt concrete pavement shall be sawcut one (1) foot beyond trench edges. Edges shall be straight and clean. B. Permanent pavement replacement structural section, within all trenches, shall be 1" thicker than existing of asphalt concrete over the same existing thickness of crushed aggregate base or crushed miscellaneous base, meeting the requirements of Sections 200-2.2 and 200-2.4 of the Standard Specifications for Public Works Construction. The replaced pavement and base material shall be compacted to 95% relative compaction and respectively tested, for each 300 linear feet of trench. Verify exact structural replacement section thicknesses with the City prior to installation. C. Permanent pavement replacement shall be installed using a City approved 3/" max medium asphalt concrete as the base course lift and a City approved'h" 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 adjacent 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. Special Conditions Page 5 of 6 PERMIT NO.5056 Capistrano/Offsite and Onsite Sewer & Water/Tract No. 31910 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 V 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. 28. 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. 29. 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. 30. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. 31. 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. 32. 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