5233Finance Revenue Code E-1
OF
ENCROACHMENT PERMIT
PUBLIC WORKS CONSTRUCTION
For the construciion 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 SUBDIVISION S.
Subdivision Improvement Permit - Class III
Minor Improvement Permit Class IV
.DATE:December 29, 2006
LOCATION OF CONSTRUCTION* (Street address or Description): Sam's Club SDP 2005-824; Dune Palms Road and Highway 111
PURPOSE OF CONSTRUCTION: Off -site street improvements
DESCRIPTION OFCONSTRUCTION: See PSN 06229
DIMENSION OFINSTALLATION OR REMOVAL: See PSN 06229
APPROXIMATE TIME WHEN WORK WILL BEGIN:January 2, 2007 TIME OF COMPLETION:April 15, 2007
ESTIMATED CONSTRUCTION COST: $1,157,311.05 (Including removal of all obstruction, materials, and debris, backfilling,
compaction and placing permanent resurfacing and/or replacing improvements)
COMMENTS:
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 happenin g 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 11
al? r es and.::PAtions of the City
of La Quinta and to pay for any additional replacement necessary as the result of this worle �Pr /
gnayure OT Appitcant or Ag
CS ' I Construction'- Mike Stanley 9272 Jeronimo Rd. #116 Irvine, CA 92618 1949) 380-3900 (949) 633-5481
Name of Applicant (please print) Business Address Telephone No.
Same as above
Name of Contractor and Job Foreman Bu'siness Address
Telephone NO.
710391
Contractor's License No.
ire Insurance
s Insurance C
FEES: Subdivision Imorovement Permit - Class 11
Minor Improvement Permit - Class IV
Inspection Fee
Permit Fee
As -Built Deposit
Cash Deposit -Surety Bond,
if required
TOTAL
$�33,1150.00 - .
$100.00
sil,000.00)
City Business License No.
Number
improvements: 3% of estimated construction costs
improvements: 3% of estimated construction costs
See attached -schedule
. PERMIT NO.5233
DATE APPROVED: 00 -7
EXPISAILON DATE: _7-AA1, 7, ac�>
BY: "- j-, e_>
Administrative Authority
De.c. 22. 12006 1 45PM
No. 7082 P. 2
Nd I [ 'Z�'�00 Wi POAlalaS
Date:.
Tra
V1 ch
[:!UBLIC WORKS DEPARTMENT
APPLICATION FOR.PERAUT I
7-7-/ 0 (. S D P ILCO 5- - �?
Tro
jc4 Name:
PM-POle Of -C`On9trucfi0n.(&-- Rough:C=dinz,,'0ffsite Strad etc.)
awsi*< WAV-02
Description of Coustiuction
(Ex: See Plan-SetNo. 012U) --!5r-e-Tkn .5
Dim=sion of k=Uation or" Removal;-
Ajvm6m� Coustu'dion Stmt'Date: 61 g 1 /246-
APPrW=tC Consh=doa Completion Date: o-q I I s / 2.c;&
Bstimated Constmcdon:Cost: S * -11 Is:; S11.05
E*maftdC==ufi:RCcgjhU1.*t, *Om"VA dolk obmmti� -="4 -d dchris, bwk-Mrm& mwp=tion and
ContactNm= PhoacNumbm Ctql) �53-5'1
V
'Name Of.Applimu� CS-L
Applicant AAdress: N-0 -S�-/ j co ;JLIV)4E-6�11W
Applicant TelePhone Nvmber
Narae ofContmctor. i�S-L czv%4-nx-jnoA
Co.ntmdor Address, Ct? 07 2-
—Cjgag�hh Q.0 SQ I:rr, tL (0
--00nft'a0%OVTe1e0h0w N=bw. -4%411 - !MM SM
CO.ntcWor Statt Uc=e Numbw. -1 j62 Zq I
Contractor City Busln= licenstNumber. ulac) V..
v 1D
APPliGantorC-ontmetorOm�tgLiabift'.In=moecom
L-1- f
- --
jAppli=tO,rC�Dn=OrGenwgLiabilityT=-=CtPolic,yN=bm
Mee us?. Only,
luvatianr= 1"*N50z-
'roTAL mr- mr-
Office Use-Onlv--
Axivxd ?==it Wvmtxr
T(A limp-d I M17%r-TnLJTnLr-1 Ml�r�bWll T-'V^ T I r% ^^^ V, - � T
NASLAND
ENGINEERING
CIVIL ENGINEERING - SURVEYING - LAND PLANNING
Preliminary Estimate
#4941-00 La Quinta Sam's Club
Off -Site Work
Dune Palms Road
NOe ARTICLE
Dune Palms Road ImDrovements
QUANTITY UNIT UNIT COST COST
1 16"
Median Curb 1
2,565,
L. F. 1
$20.00,/
$51,300.00
2 16"
Curb and Gutter per La Quinta Dwg. 201
1,662
L.F.
$20.00.-
$33,240.00
3 16"
Curb per CalTrans Std. A87A
634
L. F.
$20.00 �
$12,680.00
4
ITernporary 6" AC Dike per La Quinta Dwg. 204
958
L. F.
$10.00,-
$9,580.00
5
6" AC Dike per CalTrans Std. A87B
14
L. F.
$10.00---
$140.00
_lTemporary
6 —1concrete
Cross Gutter per La Quinta Dwg. 230
3,166
S. F.
$8.00—
$25,328.00�
7
ICurb Ramp per La Quinta Dwg. 250
6
EA.
$1,500.00
$9,000.00
8
Dual Corner Curb Ramp per CalTrans Std. A88A
4
EA.
$1,500.00,- $6,000.00
Meandering Sidewalk per La Quinta Dwg. 245
'14.5"
14,800
S. F.
$5.00 $74,000.00�
19-0
Asphalt Paving @ $50 Ton
44,078
S. F.
$1.40 �$61,709.20
11
1 Aggregate Base & Set Grade
44,078
S. F.
$2.00 $88,156.00
nent Striping
15,000
L. F.
$0.65 $9,750.00
1 13
isignage
44
EA.
$500.00 $22,000.00
14
g and Irrigation
20,600
S. F.
$6.00 $123,600.00
15
1 Erosion control & Pm10
1
L.S.
$50,000.00-,-r' $50,000.00
Dune Palms Road Sub Total 1 $576,483.20
25% Contingency F$144,120.80
Dune Palms Road Totall $720,604.00
DPR Landscape Medians
625 S. F. $11.00 - $50,875.00
15 1 Decorative Median 4,
16 Sawcut existing Asphalt Pavement 5,965, L. F. $0.50 - $2,982.50
17 ;Landscaping and Irrigation 10,200 S. F. $6.00 $61,200.00
DPR Landscape Medians Sub Total $115,057.50
25% Contingencyl $28,764.38
DPR Landscape Medians Total F!�143,821.88
Traffic Signals
1 L.S. !, $100,000.00 $100,000.00
18 !Modify Traffic Signal@ HWY 111/Dune Palms Rd. F T
Traffic Signal Total. $100,000.00
Note: The Maximum DIF reimbursement amount for installation
of the median and landscaping including soft costs is: $405,360.
TOTAL CONSTRUCTION COST
$964,425.88
Professional Fees, Design 10%
$96,442.59
Professional Fees, Const. 100/6
sqg 442 1;9
FF _TOTAL SITE WORK BOND $1,157,31 I.E5]]
Peter B. Ritchey RC�'no. 67652 Date N.E. Job # 304-018.1
Expiration Date: 06/30/07 9/5/2006
4740 Ruffner Street, San Diego, California 92111 e 858-292-7770 e FAX 858-571-3241
4
hc-� 22.- 2006 1 47PM No. 7082 P.
Nd [S :Z[ 'ZZ. Mj PaA I a 3;�
NASLAND
EN GIN EERIN G
civiL rMUNFERING - SURVEYING - LAND PLANNING
FAX TRANSMITTAL
DATE 17-l"Ibr.
JOB NO. 'S09 — DI 'R - I
TO: - 'r
FAX.N04-: IKO
FROM:'- C�%n-S FAX NO, (858) 571-3241
—6
RE: 60u-C-OAM ae
CONMENTS-z
?-1eme Co.-opleA-c 4,Q 61
Vt&A-10\ aa-,'A 41,k !�O EFA LVI M er E e-oivy%me-ra
T- O'� -4-4-4 - -4155. f � PeA ut t+e� -oo-rw,'� k I rtk-�, cv-%
PC&An k7 M 4�
Y L�2 I & Q\- J'r e mt= e L rt, �j &I, 0,:g re e. I' guri
PAGES., 2-
(Including this page)
Orighwl to be mafled? YES o
U you have any problems ro or whh to call to confirm receipt,
. please ask 1V t (858) 292-7770. ,
4740 Rurtner Sueet, San Diego, Callf0mia 92111 65&-292-7770 - 858-571-3241
VrV%1 r9 0% 1604�� 1
SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP NO. 33588
OFF -SITE IMPROVEMENTS
red into this
THIS SUBDISION,4PROVEMENT AGREEMENT (the Agreement") is made and ente
day of 2005, by and between Sam's Real Estate
Business Trust , a Delaware statutory trust hereinafter referred to as "Developer," and the City of La
Quinta, a municipal corporation of the State of California, he . reinafter referred to . as "City."
RECITALS:
A. City staff have prepared and filed Parcel Map No. 33588 (the "Map") subdividing a unit of land in the
City of La Quinta, County of Riverside (the "Land") pursuant to the provisions of Section 6.6410,
et seq. of the California Government Code (the "Subdivision Map Act").
B. Prior to approval of the Map, Developer, who h as entered into a Purchase Agreement with the
La Quinta Redevelopment Agency ("Agency") to purchase Parcels 2 and 3 on the Map (the
"Developer Parcels") for development thereon of a discount membership warehouse,'is required to
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 Developer 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. Developer shall furnish original improvement plans for the Improvements
meeting the requirements of the City Engineer.
2. Improvements. Developer shall construct the Improvements required to be constructed or agreed to
be constructed under this Agreement as listed in Exhibit "A", and shall, subject to this Section 2, bear
the full cost thereof. The methods, standards, specifications, sequence, and scheduling of
construction shall be as approved by the City Engineer.
Notwithstanding the above, Developer shall be entitled to a reimbursement from the City for all of the
costs, including soft costs (i.e., design and inspection costs, fees, etc.) Developer incurs to construct
the portion of the Improvements that consists of the median within Dune Palms Road, including the
landscaping installed within said median (collectively, the TIF Improvements"), out of the City's
Developer Impact Fee fund, to the extent that such costs do not exceed Three Hundred Ninety -One
Thousand Three Dollars ($391,003),
The Agency is negotiating with Stamko Development Co., a California limited partnership ("Stamko"),
the terms of an agreement (the "Stamko Agreement") pursuant to which the Agency would sell to
Stamko Parcel 1 on the Map (the "Stamko Parcel"). In the event the property conveyance
contemplated by the Stamko Agreement closes escrow, Stamko and the Developer will, concurrently
with said closing, enter into a Cost Sharing Agreement, pursuant to which Stamko and the Developer
will apportion, amongst each other, the cost Developer incurs (the "Developer's Shared Costs") to
construct all of the Improvements except the DIF Improvements (the "Non-DIF Improvements"),
based on the lineal frontage of the parties' respective parcels along Highway 111 and Dune Palms.
The.Cost Sharing Agreement allocates sixty-four percent (64%) of the Developer's Shared Costs to
Developer and thirty-six percent (36%) of the Developer's Shared Costs to Stamko..
In the event the property conveyance contemplated by the Stamko Agreement fails to close escrow,
and Agency sells the Stamko Parcel to another purchaser, the Agency agrees to require the
purchaser of the Stamko 'Parcel to reimburse the Developer for thirty-six percent (36%) of the
1o17
::0DMAPCD0GS00CS1\613056\7
Developer's Shared Costs; provided, however, that the Developer's Shared Costs shall not exceed
the amounts set forth in Exhibit A for the Non-DIF Improvements. In the event the property
conveyance contemplated by the Stamko Agreement fails to close escrow, and the Agency has not
sold the Stamko Parcel within one (1) year after Developer's completion of the Improvements and the
City's acceptance or approval (as applicable) thereof, the City will reimburse the Developer for thirty-
six percent (36%) of the Developer's Shared Costs; provided, however, that the Developer's Shared
Costs shall not exceed the amounts set forth in Exhibit A for the Non-DIF Improvements.
3. Improvement Security.
A. One class of security to be provided by Developer, hereinafter referred to as "performance
security," shall assure the faithful performance of this Agreement including construction of the
Improvements, and payment of -plan check and permit fees. A second class of security to be
provided by Developer, 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 Developer, hereinafter referred to a * s "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. Developer shall furnish performance and
payment security prior to and'as a condition of City Council approval of the Map. Developer 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.
Developer shall be responsible for'the'payment of, and agrees to pay, any and all costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligations secured pursuant to this Agreement.
B. Improvement security shall conform with Section 66499 of the California Government Code and
one or more of the following:
1) 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).
2) Irrevocable letters of credit, issued by one or.more financial institutions that are subject to
regulation by the state or federal government, and have a financial quality rating of "A" or
better -and a commitment reliability rating of T-2" or better on the Investment Data Exchange
(of the Los Angeles County Treasurer's office), 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.
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 Ahe 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.
::ODMN,PCDOCS\DOCS1\613056\7 2o17
D. At the time of submittal of security, Developer shall pay to City administrative fees applicable to
the form of security provided. Administrative fees shall apply to the subdivision (final rnap, parcel
map or waiver of parcel 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 security if the warranty security is of the same form and from the same source as the
performance security it replaces. The administrative fee shall be One Hundred Fifty Dollars
($150.00) for each irrevocable letter of credit and for each bond.
E.' 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.
F. *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 pr . ovisions of paragraph B.
2) The City Engineer may authorize partial reduction of performance security as work
progresses, upon application by Developer. However, no such reduction shall be for an
amount less than Ten Percent (10%) of the total performance security provided for the faithf ul
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 furnishe . d for
any improvement agreement.
3) 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.
4) 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
security shall be retained until the outstanding requests are satisfied or until Developer has
made other arrangements satisfactory to the City Engineer.
4. Permits Required. . Prior to commencing any phase of work, Developer 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. Completion of Im rovements. Developer shall begin construction of the Improvements within one
hundred eighty (180) days and shall complete construction with.in eighteen (18) 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 Developer to begin or
complete construction of the Improvements within the specified time peri ' ods shall constitute cause for
City, in its sole discretion and whe ' n it deems necessary, to declare Developer 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 Developer's obligations hereunder.
6. Force Ma'eure. In the event that Developer is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Developer's control, the time limits for obligations affected
by such events will be extended by the period of such events.
3o17
::oDw,A\PCD0CS\D0CS1\613056\7
7. Time Extension. Developer may make application in writing to the City Council for an extension of
time for completionof 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, Developer 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.
8. Survey Monuments. Before'final approval of street improvements, City will place survey monuments
in accordance with the provisions of Sections 66495, et seq., of the Subdivision Map Act and of the
La Quinta Municipal Code.
9 Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Developer shall submit a request for final approval by City. The request shall
be accompanied by any required certifications from Developer'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.
Upon receipt of said.request, the City Engineer or a duly -a ' utho . rized 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
Developer has provided revised plans as required in Paragraph 10 hereinafter, the City Engineer
shall recommend acceptance of the Improvements by the City Council.
10. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Developer shall make any necessary revisions to the original plans held by City so the
plans depict the actual Improvements constructed. When necessary revisions have bee * n 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.
1 Improvement Warranty. � Developer 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.
12. 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
Developer 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.
13. City Right to Cure. If Developer fails to perform any obligation hereunder and such obligation has not
been performed within sixty (60) days after written notice of default from City (or, for obligations that
cannot reasonably be performed within sixty (60) days, if Developer fails to commence'to perform
such obligation within said sixty (60) day period and diligently pursue the completion thereof), then
City may perform the obligation, -and. Developer 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.
407
::ODMA\PCDOCSkOOCS1\613056\7
14. Indemnification. De . veloper 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 Developer's performance h erein under, includi I ng costs of suit and
reasonable attorneys'fees.
15. 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.
16. Severability. In the event that any provision or provis ions of this Agreement are held unenforceable,
all provisions not so held shall remain in full force and effect.
17 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 ind 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.
C. Neithe . r 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.
[Signatures on next page]
5 of 7
::ODMA\PGOOCS\OOCS1\613056\7
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
7,P60/ 77-7075
Thomas P. Genovese, City Manager
I
REVIEWED AND APPROVED:
1,�EngineerV
APPROVED AS TO FORM:
Chty —Attorney
DEVELOPER: Sam's Real Estate Business Trust,
a Delaware statutory trust
2001 SE 1 01h Street
Bentonville, AR 72716-0550
By:
Asst. Vice President of Real Estate
ATTEST:
Assistant Secretary
(Corporate Seal)
-7
Date I
-I I s
Date
Date
Date
::ODMA\PCDOCS\DOGS1\613056\7 6 of 7
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
ATTEST:
City Clerk
REVIEWED AND APPROVED:
City Engineer
APPROVED AS TO FORM:
City Attorney
DEVELOPER: Sam's Real Estate Business Trust,
a Delaware statutory trust
2001 S th Street
Bent qe, AR 72716-0550
13�
Vic Pre
S
.0, 0
--Agi'ista-6rSecretary
(Corporate Seal)
Date
Date
Date
ME
Date
A A
Approvo a's to legal terr�s only
b
RT GAL DEPT
Date: 9 -e�5'
6 of 7
::0DMA\PCD0CS\b0CS1\613056\7
Exhibit A
SECURITY — PARCEL MAP NO. 33588
As elements of the work are completed, Developer 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 La66r &
Materials
Widen west side of Dune Palms Road adjacent
to Parcels 1, 2. & 3, and construct deceleration
$ 211,880
$ 211,880-
lanes to driveways serving Parcels 2 & 3
Construct landscaped median on Dune Palms
'Road adjacent to Parcels 1, 2, & 3� including
$ 416,630
$ 416,630
median openings and turn pocket lanes
Construct meandering sidewalk along Dune
Palms Road adjacent to Parcels 1, 2, & 3
$ 77,500.
$ 77,500
Install perimeter landscaping in right of way
and in landscape setback area along Dune
$ 113,475
$ 113,475
Palms Road adjacent to Parcels 1, 2, & 3
Modify Traffic Signal at Highway 11 l/ Dune
'100,000
Palms Road intersection
$ 100,000
$
Construct meandering sidewalk along Highway -
$ 15,310
$ 15,310.
111 adjacent to Parcel 1
Install'perimeter landscaping in right of way
and in landscape setback area along Highway
$ 45,060
$ 45,060
111 adjacent to Parcel 1
Construct Sunline Bus Shelter on Highway
$ 65,000
$ 65,000
Total Construction Cost
-$1,044"855
$1,044,855*
Professional Fees, Design 10%
$ 104,485
$ 104,485
Professional Fees, Const 10%
$ 104,485
$ 104,485
Bond Amount
$1,253,825
$1,253,826
The list*of Improvements set forth above is- intended as a general description only. A detailed
description of the Improvements is set forth in the Conditions of Approval, and installation and/or
construction of the Improvements sha 1 11 be performed in accordance with the Conditions of Approval and
any other documents and/or specifications referenced therein. In the event of an inconsistency between
the list of Improvements set forth in'this Exhibit "A" and the list of Improvements set forth in the Conditions
of Approval, the Conditions of Approval shall prevail.
Developer shall be solely responsible for the cost to construct the Sunline Bus Shelter on Highway
111. In the event Stamko f ' ails to purchase the Stamko Parcel, neither the Agency nor a subsequent
purchaser of the Stamko Parcel shall be responsible to reimburse the Developer for any portion of such
costs.
::0DMA%PCD0CS=CS1%613056%7 7 of 7
0
OUTSTANDING BOND REPORT
Name:
Tract No.
Sam's Real Estate Business
33588
Date of Contract: July 28, 2005
Required Bond Amounts:
Dune Palms (widen & decal. lanes . .
Dune Palms (median & pocket lanes
Dune Palms (sidewalk),
Dune Palms (peri. Landscaping)
Dune Palms/Hwy 111 (traffic signal)
Hwy 111 (sidewalk)
Hwy 111 (peri. Landscaping).
Hwy 111 (bus shelter)
Prof. Fees Design
Prof. Fees Construction
$211,880 / $211,880
$416,630 / $416,630
$ 77,500 / $ 77,500
$113,475 / $113,475
$100,000 / $100,000
$ 15,310 / $ 15,310
$ 45,060 / s 45,060
$ 65 ',000 / $ 65,000
$104,485 / $104,485
$104,485 / $104,485
Dates of Bond Reductions:
Outstanding Bonds and Bond Company: JP Morgan Chase Bank
Amount: Bond No.
$1,253,825 LOC# LKS-660511
$1,253,825 LOC# L5Ls-694393
Date Cancel led/Released:
Dec. 22.. .2006' 1 0; 45PM
.9272 Jeronimo Road, sulte 116.
Irvine, CA 92618
(94.9) 380-3900
Ir49
e I .. 0 Fax: (949) 380-3930
1c,
FACSLMnE COVER SHEET
Date:
kk) t Y M,
CONTANY:
41, -rTX4 4W LACPL2 1. t3�A
NUMBER OF PAGES -TRANSMITTED Nnilu&mg cover slieet):
T
Ofiginal wifl, be "sent oiiiy on request.
0�igixial
/ Copy'wlt fo]16*...by:
El
Regu�ar Mail
Cer*tified Mafl
bV'=' ig,h-t Delivery Service'
o ffi-en -
No. .7082 P. 1
- '7-7 1 -,� I 1.4;A
;;U,L-"M ZP4
4qON.M NrIALIT-Y. NOTICE, ;-']��e do�umeuts-acco-Tpahyjnz this t�j**
legiffly p�.r4cged.- The info.rmaoq'ijis Jnteodedb= thPwe.of the individual or-eatify namied'above. If you are not the ln!ei�qeo rtdPMntyq11 ar� heriby.
notified ihat ' 66 i, distripuiioxt taid'ngOf2ny.a'ttiO�l'inrel'fq*neion.th, 0
�ny� WtnrSe, �Opyjp e c ntebts of-thii tP1eeoii1'C'd'ijifdrmation.is strictly pi-ohibitA Ir
i�on -have received this fefie6py iiWror, pliase imniedlately WifYus by telepAdne'to arraing'e for the return of thi original *doetinytats-to u&
City of La Quinta
The following General and Special Provisions are attached to and made a part of
Permit Number 5233
The followina shaH 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 smoothermfaced 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 backfiil 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.
DEMATER OPERTATIONS: If de -watering operations are required and pumps are forcing water on City of La Quinta roads, it sh ;al 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 permitteie that he must close a street for any length of time,
permittee shall contact this.office to obtain the necessary permission.
SPECIAL PROVISIONS
The followina shaff apply when indicated:
0 RI NOTIFICATION: Perm ittee shall be notified the City at (760) 777 - 7097 at least forty-eight hours (48) in advance of starting
construction.
R2 UTILITY CLEA RANCE: (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 pe rmit 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 I 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.
Eg.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').
[I 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
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 of A.C. paving on N/A of class N/A
aggregate base.
0 R9 SIGHT CLEARANCE: Sight Clearance of six -hundred feet (600') in all directions shall be assured and maintained at all
times.
[I RIO SOIL STERILIZER: The area to be surfaced shall be treated with soil strerilizer. Rate of application shall comply with the
manufacturer's specifications.
4
City of La Quinta
0 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.
0 R12 SURVEY MONUMENTS: Prior to excavation or begin ning 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. AJI 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 5 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.
0 R16 BACKFILL SAND: Backfill shall be approved transit -mix sand or equivalent and shall be placed on lifts not greater than
three feet (T) 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.
El RI 8 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.
ID 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 RELOC ATION 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.
PERMIT NO. 5233
Sam's Club/Off-site Street Improvements/PM 33588 — SDP 2005-824
In addition to the standard permit conditions, the following shall apply:
I Pursuant to Section. 14.16.320 of the La Quinta Municipal Code (Ordinance 10 § I (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. Prior to commencing the excavation of a trench 5 feet in depth or greater and into which a person will
be required to descend, the Contractor shall first obtain a permit to do so from the Division of Industrial
Safety pursuant to 7-10.4. 1.
4. CS1 Construction 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.1s't 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 I 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 8:30 a.m. nor after 4:30 p.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.
The permitte.e arid/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 I of 8
PERMIT NO. 5233
Sam's Club/Off-site Street'Improvements/PM 33588 — SDP 2005-824
9. The pe ' rmittee 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 comers, and they shall
state the horizontal location relative to building comer and the elevation of the top of hub next to the
lath.
10. Pursuant to Section 14.16.110 of the La'Quinta Municipal Code (Ordinance 10 § I (part), 1982),
Permittee shallassurne 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.
11. This pen -nit is not valid until the permittee submits, to the Public Works Department 2 weeks prior to
start of construction, a letter from any owners of the driveways/access ways that will be closed down
due to the construction. The letter must be approved by the city and at minimum state from the owner
the following:
A. Approval of the construction
B. Plan identification
C. Time Frame of Closure
D. Alternative Routes '
12. 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.
13. CS1 Construction, hereinafter referred to as "Permittee", shall be responsible for providing continuous
dust and erosion control during construction material hauling procedures.
The following Fugitive Dust Control rules shall apply during soil import/export activities:
a. A valid grading permit shall be active at both the import and export site
b. The import/export material during hauling shall be near 70% optimum moisture content.
c. 'Street cleaning shall occur, as necessary, at import and export location.
d. Trucks hauling export or import material must maintain 6 inches of freeboard and be tarped.
e. - The haul route shall be attached to this permit or a City approved plan.
14. Pursuant to Section 14.16.250 of the La Quinta Municipal Code (Ordinance 10 § I (p - art), 1982), at
residential streets, advance waniing 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.
On Collector to Major Arterial Streets, the pennittee must submit a traffic'control plan which shall be
prepared under the guidance of the Manual of Uniform Traffic Control Devices (M_UTCD) 2003 Edition
with Revision No. I Incorporated, dated November 2004 (HTML) and the California Supplement.. As
of October of 2006, these documents can be observed at
ht!p://mutcd.fhwa.dot.g—ov/HTMJ2003rI/�art6/�art6-toc.htm and
htlp://.www.dot.ca.gov/hq/traffol)s/signtech/mutcdsupp/�df/CA-Chap6A-Chqp6F.pdf, respectively. It
shall be the Pen-nittee's responsibility to appropriately detour and barricade all construction sites.
Special Conditions Page 2.of 8
. PERMIT NO. 5233
Sam's Club/Off-site Street Improvements/PM 33588 — SDP 2005-824
Pursuant to Section 14.16.290 of the La Quinta Municipal Code (Ordinance 10 § I (part), 1982), street
closures shall not be permitted. A minimum of two (2) travel lanes of paved surface shall be
maintained at all times.
15. 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.
16. 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.
17. The. permittee shall be responsible for notifying the inspection staff of import fill and overexcavated
areas on a daily base's. If the inspector'. s phone number is. unknown, the permittee shall call the Public
Works front counter phone at 777-7075 or the Assistant Engineer I at 777-7047 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.
18. 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 Assistant Engineer I at 777-7047 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.
19. 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.
20. The permittee is responsible for obtaining a valid separate permit from the California Department of
Transportation Department (CalTrans), other City, or County jurisdictions if any of the work or traffic
control devices extend into the CalTrans, other City, or County right of way.
Special Conditions Page 3 of 8
PERMIT NO.' 5233
Sam's Club/Off-site Street Improvements/PM 33588 — SDP 2005-824
21. This permit is not valid until the permittee submits, to the Public Works Department 2Weeks 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
22. Work within 500 feet of any designated School Zone shall be performed between the hours of 8 a.m. —
1:30 p.m. Traffic control shall be set up after 8 a.m. and removed before 1:30 p.m.
23. The permittee shall not encroach upon private property without prior written approval (submit to the
Public Woiks Department, attention to the Assistant Engineer 1) of the private land owner whom is
being encroached upon.
24. Prior to performing construction work and closing any lanes in the Public Right of Way, the permitte * e
shall call the City at (760) 777-7097 at least 48hrs prior to work and request an appointment for a
preconstructionmeeting with the City Inspection staff.
25. During work hours, the permittee shall provide and maintain a traffic lane that diverts traffic off the
paved roadway. The traffic lane must be located within the existing R/W with the following
requirements:
a. Class I.1 Base with a minimum depth of 2"
b. A 12 inch thick subgrade layer compacted to 95% based on ASTM D 1557
c. An unobstructed travel width of 10 feet.
d. In addition, a minimum of 5 feet clearance from open trenches.
e. A minimum of 2 feet from vertical obstructions like curbs.
f. Maximum speed of 25 mph
26. The permittee shall haul all offlite debris to a certified landfill. Prior to hauling debris, the permittee
shall informthe City (Inspection staff or 777-7047) of the name and location of the cert&d dump site.
27. 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 t6the Assistant Engineer
1. If the archaeologist determines the site note to be required to be observed,'please submit a letter
signed by the archaeologist stating their determination.
28. 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.
Special Conditions Page 4 of 8
PERMIT NO. 5233
Sam's Club/Off-site Street Improvements/PM 33588 — SDP 2005-824
29. The permittee is required to provide an informative message board (approved by the City Engineer)
informing the commuters using the affected roadways of
g. Possible traffic delays
h. Time of construction.
i. Alternate routes.
The message board shall be provided for the commuters 48 -hours prior to the start of traffic delays, and
the entire message should be readable at the posted speed, limit.
30. 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 maybe used as backfill material provided that minimuni 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 en sure 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. I
Special Conditions Page 5 of 8
P ERMIT NO. 5233
Sam's Club/Off-site Street Improvements/PM 33588 — SDP'2005-824
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.
31. 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.
32. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its
original condition.
33. Access and egress to all local properties shall be maintained at all times.
34. Pursuant to Section '14.16.375 of the La Quinta Municipal C o*de (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 I " 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 City approved3/4" max medium asphalt
concrete as the base course lift and a City approved Y2" 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
Special Conditions Page 6 of 8
PERMIT NO. 5233
Sam's Club/Off-site Street Improvements./PM 33588 — SDP 2005-824
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.
0 For transverse trenches across existing street: two (2) feet outside the sawcut removal lines.
E. If grinding and capping operations are not performed in the same day as base paving operations,
the:base course lift of 1/4" max medium asphalt concrete shall be installed from saw -cut edge to
saw -cut edge flush with the existing street surface. The base course lift of paving shall not be left
0. 10' low in anticipation of grinding and capping.
F. Any existing lane striping or any existing detour lane striping affected by this resurfacing shall be
replaced in kind by the Permittee, as directed by and to the satisfaction of the City Engineer.
Affected traffic signal loops shall be removed and replaced in kind. The finished pavement
surface shall be smooth, consistent, and shall conform to the surrounding grades.
35.. 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.
36. Pursuant to Chap ter 12.56 of the La Quinta Municipal Code (Ordinance 10 § I (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 net -work) 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
pen-nission to use the street to deliver street construction materials and/or equip mient.
31. The City of La Quinta reserves the right to revoke, suspend or void this permit At any time.
38. 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.
39. 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.
40. Flagger Requirements
A. Minimum.Requirements
1. Receive and communicate specific instructions clearly, firmly, and courteously;
.2. Move & maneuver quickly;
Special Conditions Page 7 of 8
PERMIT NO. 5233
Sam's Club/Off-site Street Improvements/PM 33588 — SDP 2005-824
3. Provide cle * ar and positive guidance;
4. Understand and apply safe traffic control practices;
5. Recognize dangerous traffic situations in sufficient time to avoid injury.
B. Flagger Safety Apparel
1. Background
a. Fluorescent orange -red, of
b. Fluorescent yellow -green
2. Retroreflective material (Orange, yellow, white, silver, yellow -green, or fluorescent
version.
3. Material shall be visible at 1000 ft
4. Apparel shall be designed to identify the wearer as a person
5. Law enforcement personnel should -adhere to the same standard
C. Hand -Signaling Devices
1. Stop/Slow paddle octagonal in shape with minimum 18" width and 6" letters. Must
have white legend on red background.
D. Directing Traffic
1. Only three (3) signals are required.
E. Flagger Communications
1. If work area is too long for relay (2 flaggers can't see each other)
a. One flagger� given the responsibility to coordinate
b. Use Radios or
c. Field phones
F. Flagger warning signs must be removed or covered when flagging is finished, when work is not going to
start immediately, or when work is completed.
Special Conditions Page 8 of 8