7008See below for Finance Revenue Codes
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ENCROACHMENT PERMIT
PUBLIC 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.
FILE CQpy Subdivision Improvement Permit - Class III
Minor Improvement Permit - Class IV
DATE: 4/21/2008
LOCATION OF CONSTRUCTION: Griffin.Ranch Saddle Club; SDP 2006-866; Tentative PM 35646; Monroe Street South of Ave 54.
PURPOSE OF CONSTRUCTION: "PM-10, SWPPP_, and GRADING ONLY-
` i
DESCRIPTION OF CONSTRUCTION: See Approved Plans PSN 07150 -ONLY GRADING WORK ON THIS PERMIT
DIMENSION OF INSTALLATION OR REMOVAL: See Approved Plans PSN 07150 -ONLY GRADING WORK
APPROXIMATE TIME WHEN WORK WILL BEGIN: 1/26/2009 TIME OF COMPLETION: 3/26/2009
ESTIMATED CONSTRUCTION COST: $54,499 (Including removal of all obstruction, materials, and debris, backfilling, compaction and placing
permanent resurfacing and/or replacing improvements)
COMMENTS THIS PERMIT ONLY INCLUDES PM-10, SWPPP, AND GRADING WORK ON PSN 07150
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 but of any accident, loss or damage to persons or
property happening or occuring 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-
7097. To submit an inspection request, leave a message on the Inspection Request Hotline at (760) 777-7097 prior to 1:30 P.M. at
least twenty-four (24) hours prior to the anticipated inspection.
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 Ap licant or Agent
Marty Butler - Trans West Housing Inc. 47120 Dune Palms Rd. Ste C, La Quinta, CA 92253 (760) 277-0334/777-4307 ext 116
Name of Applicant Business Address Telephone No
A. Flores Excavating & Grading Inc. P.O. Box 1036; La Quinta, CA 92247 (760) 360-0255
Name of Contractor and Job Foreman Business Address �— Telephone No.
610005 D 4 �.. 497
Contractor's License Number C
1ity Business License No
One Beacon Insurance Co. ` An' ? � � r� QGQF61716-02
Applicant's Insurance Company oil f/ Policy Number
FEES Subdivision Improvement Permit - Class I
Minor Improvement Permit - Class I
Finance Revenue Code
( Inspection Fee E-1 $1,635.00
Permit Fee E=1 $100.00
As -Built Deposit EE=A $1,000.00
Cash Deposit -Surety Bond, E_13 $0.00
if required
TOTAL $2,735.00
i
fpr ��mprove ents: 3% of estimated construction costs
PnGte,Improvements: 3% of estimated construction costs
PERMIT NUMBER: 7008
DATE ISSUED: /•— AP—
EXPI DATE:
BY: rSZ
WORK INSPECTED BY*:
PERMIT COMPLETION DATE*:
* If the work is covered by a Subdivision Improvement Agreement, Subdivider
shall request final acceptance of improvements from the City Council.
tIG1�ICV '�
ApR �D
PUBLIC WORKS DEPARTMENT oe� op � � ?DOB
APPLICATION FOR PERMIT nienrsen'ic
Date: 414 r_
Tract No: SA P o20T4— $la .Project,Name: "
Vicinity:-- S/ , �
Purpose of Construction (Ex: Rough Grading, Offsite Street etc:)
pn i
fDescription of Con structiom(Ex:.See Plan Set. No. 01234)
Dimension of Installation or Removal: 5x G /Jroo D1 3 ?S/✓ 0.710
Approximate Construction Start -Date: yl� 519 �— / a( r
Approximate Construction. Completion Date: s'
Estimated Construction Cost: $.
Estimated Construction -Cost shall include the removal of a obstiuctions; materials; andAebris, back -filling, compaction a '
placing permanent.resurfacing and or replacing improvements
Contact Name: Phone Number: D
Name of Applicant/Owner: .
Applicant Address:
.7/ (5 4 4 t 0 F Rlea"_4�
Applicant Telephone. Number:_ % 0 — i✓ % ( .
Name of Contractor: 7yr c f
Contractor Address: e e'K ,L
Contractor Telephone Number: 7�w 34,16
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Contractor State License- Number:
Contractor City Business: License Number:
n %,vr 1 yr 111L' %-U1UKV N It. M6UKA_1'4Uh UJ&Rl'1H1UAj'k;;1V1U►7 1
Applicant or Contractor Ge eral Liability Insurance Company;
Applicant or Contractor General Liability Insurance Policy Number:
Office Use Only:
Inspection Fee:
Permit Fee:
$-t O o
As -Built
OQ O
Deposit:_
Dust Control
Deposit:
Credit
O
-�Anrounl
TOTAL FEE FEE DUE:
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Office Use Only:
b3 5 Assigned Permit Number: 008
Approval Date:
Expiration
Date:
Issue
Date:
-- --Administrative Authority.
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CITY OF LA QUINTA
PUBLIC.WORKS DEPARTMENT
ENGINEERING DIVISION.
78495 Calle Tampico • P.O. Box 1504 - La Quinta, California 92247-1504
OF T1 ' Phone: 760.777.7075 - Fax: 760.777.7155
PRE -CONSTRUCTION MEE'TING ATTENDANCE FORM
Project Name: c�D-Vue Lb, u B Date: l 4P -9
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Project ID: PM 15by - Time: I ®Q
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73-495'Calle •.dam tico La`Quinta CA 92253
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:.. ` s (740) 777-7000
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BUSINESSLOCATION 1 17enr13nsiness I}wncr.
OUTSIDE CI'FY• IA P ITS 1'Iertse be nwure Ilud issunncc ol`n business licrnsc by the f'il}' dnrc uol nulhurizr
Yon to cnnduel I sinrss in a I ilding nr Irnnul spnrr. Ihrit Iws uul hcen npprnvrd
. _ (orrrcatpnnry by thr liuildhi {, and tin(elp itrpin•lurrnl. If Ynu hove nny qureli,nrc
- re(;u rdin}; Ibis iteue, nr I(}'nu nr•r nol srttr, if n Crrlifirule of tlrculouuy has hrrn
is<o rd for ynur pince of business, pleuce cmil—t Iiuildiny and snfrly nt
4 (760)777-7012.
TIUSINESS NAME: FLORES rxc-AVA'TfNC,'/GPADTNG , A `ritcLicenSee notned herein hnving pnid to me gilt o(Ln I)andn nll fo"
• regnlred, license is hereby grtmled said 11cmure to Irs—ncl Ihr, hu<inr%t herrin
BUSINESS -ADDRESS: P.O. ROX 1.036 set rnriIt. ror the prHodstol ed, in con forndty wilh l he P mviainns of fh-diun ner
`• c ^� , X,;: 2 of this Cily. 'Pais I,,iecnsee is icNcd wilhnol vr, rificn Hnn IIn, ( Ibe lim,w
TA QUINT CA 92241 r ^ i Ksn hjtcgl to Ar csrmpl (rum licensiuL by the Slutr of (,nlifnroin.
}` ' r• [3USIN'LSS LTC NO: 497
CL,ASSIFICA'I'ION: GENERAL CONTRACTOR
OR
BY '�4 EXPIRATION DAI'E: :3 3_L/opt
I+INANCH DIRECTOR
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Slate Of California ^ ,
CONTRACTORS STATE LICENSE BOARD
9
Com%u.— ACTIVE LICENSE
610005 CORP
°,M... A FLORES EXCAVATING & GRADING
INC
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d�. City of La Quinta
The following General and Special Provisions are attached to and made a pan; of
Permit Number 7008
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 ofexisting substructures.
Damage to existing substructures resulting from operations conducted under this permit shall be the sole responsibility of the
permittee.
® R3 UTILITY CLEARANCE (Surface Structures) No work shall be done under this permit until all utilities are clear of the
proposed work site. The permittee shall notify all concerned utility companies of the proposed work.
❑ R4 PAVEMENT WIDENING: Area between the proposed concrete gutter line and the existing road pavement shall be surfaced
with ( "' N/A "' ) inches of A.C. paving placed on ( " N/A "" ) inches of ( "" N/A '" ) aggregate sub -base course having an
"R" value of not less than ( "" N/A "") and in conformance with the City of La Quinta Road Improvement Standards and
Specifications, Ordinance #461.
® R5 PARKWAY GRADING: Area between the property line and top of the proposed concrete curb shall be graded to a slope of
one-fourth inch (%") to one foot (1').
❑ R6 GRADE CHECKING: City of La Quinta shall check grades upon receipt of plan and profile and/or grades as established by
a licensed engineer.
❑ R7 CURB REMOVAL FOR DRIVEWAYS: A portion of the existing concrete curb and/or curb and gutter (" N/A ") feet shall
be removed. Curb and/or curb and gutter shall be saw cut prior to removal. Depressed curb, matching concrete gutter and
concrete driveway approach shall be constructed in conformance with City of La Quinta Standard #207.
❑ R8 DRIVEWAYS: A.C. driveways shall be constructed as not to alter existing drainage pattern. Surfacing between the property
line and the existing road paving shall be two and a half inches (2 'h") 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.
f�
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 ( 3 ) inches of A.0 surfacing placed on a ( 6 )
inch ( crushed ) aggregate base shall be placed no later than ( 5 ) days after completion of temporary road repair.
❑ R22
FOG SEAL: A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as
determined by the City Engineer.
® R23
STREET RESTRIPING: Where street striping is still visible on street to be excavated, such striping shall be replaced upon
completion of permanent repairs.
® R24
TREE RELOCATION OR REMOVAL: Tree relocation within the City of La Quinta road right-of-way shall be accomplished
by a licensed, bonded and insured tree service, and handled safely without interference or hazard to the traveling public. It
shall be the responsibility of the permitte to maintain the tree in a vigorous growing condition at its new location.
Trees to be removed shall be in sections, which can be handled safely without interference or hazard to highway traffic. The
entire width of the tree stump, shall be removed and disposed of so that no debris remains in view of the highway. The
stump hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where it becomes
necessary to restrict traffic, the work shall be restricted to a maximum of five -hundred feet (500') at any one time. Adequate
signs, flagmen and or barricades shall be provided to protect the traveling public at all times.
Large holes resulting from tree removal shall be backfilled and compacted to not less than ninety percent (90%) or
equivalent tot the surrounding ground, whichever is the greater compaction as determined by the impact or field method.
Compaction tests shall comply with Section 6.3.01 of the Standard Specifications, Division of Highways, State of California,
dated January 1973.
�!
PERMIT NO.7008
Saddle Club @ Griffin Ranch / PRECISE GRADING, PM-10, SWPPP/ Tentative
PM- 35646; SDP 2006-866; Monroe St S/O Ave 54
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.
3. Trans West Housing (Marty Butler) and A Flores Excavating & Grading, 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.
Pursuant to Section 6.08.050 of the La Quinta.Municipal Code (Ordinance 18 § 1,1982), throughout the
work site, the Permittee shall comply with City regulated work hours. Operation and maintenance of
equipment within one-half mile of human occupancy shall be performed only during the following time
periods:
October 1 st to April 30: Monday -Friday 7:00 a.m. to 5:30 p.m.
Saturday 8:00 a.m.'to 5:00 p.m.
May 1 st to September 30: Monday -Friday 6:00 a.m. to 7:00 p.m.
Saturday 8:00 a.m. to 5:00 p.m.
Work shall be prohibited on legal holidays and Sundays.
Note: Construction work (including setting up traffic control devices) is not permitted on any Arterial
street (ie any 4 lane street) before 8:30 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 pennittee 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 8
In
PERMIT NO.7008
Saddle Club @ Griffin Ranch / PRECISE GRADING, PM-10, SWPPP/ Tentative
PM 35646; SDP 2006-866; Monroe St S/O Ave 54 .
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. Building areas should be overexcavated to a depth of at least X feet below existing grade or X foot
below the bottom of the footings, whichever is deeper. The exposed surface should be scarified,
moisture conditioned, and compacted so that a minimum of 90 percent relative compaction is attained.
Once deleterious materials are removed, the native material may be placed as controlled compacted fill.
Overexcavation should -be observed by a representative of the Geotechnical Engineer of Record and
compaction should be verified by testing. Any deviations from this permit, soils report, or grading plan
must be approved by the City Engineer prior to the construction of the deviations.
10. 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.
11. This permit 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. Any land on which Williamson Act contracts apply shall remain undisturbed.
13. 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.
14. Trans West Housing (Marty Butler), hereinafter referred to as "Permittee", shall be responsible for
providing continuous dust and erosion control.
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.
Special Conditions
Page 2 of 8
1)
PERMIT NO.7008
Saddle Club @ Griffin Ranch / PRECISE GRADING, PM-10, SWPPP/ Tentative
PM 35646; SDP 2006-866; Monroe St S/O Ave 54
15. Pursuant to Section 14.16.250 of the La Quinta Municipal -Code (Ordinance 10 § I (part), 1982), at
residential streets, 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.
On Collector to Major Arterial Streets, the permittee must submit a traffic control plan which shall be
prepared under the guidance of the Manual of Uniform Traffic Control Devices (MUTCD) 2003 Edition
with Revision No. 1 Incorporated, dated November 2004 (HTML) and the California Supplement. As
of October of 2006, these documents can be observed at
http://inutcd.fhwa.dot.gov/HTM/2003r1/part6/part6-toc.htm and
http://www.dot.ca. ov/hq/traffops/signtech/mutcdsupp/pdf/CA-C1iap6A-Chap6F.pdf, respectively. It
shall be the Permittee's responsibility to appropriately detour and barricade all construction sites.
Pursuant to Section 1.4.16.290 of the La Quinta Municipal Code (Ordinance 10 § l (part), 1982),
street closures shall not be permitted.. A minimum of two (2) travel lanes of paved surface shall
be maintained at all times.
16. 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.
17. 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.
18. 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 II 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 California 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 pennittee'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.
Special Conditions
Page 3 of 8
PERMIT NO. 7008
Saddle Club @ Griffin Ranch / PRECISE. GRADING, PM-10, SWPPP/ Tentative PM
35646; SDP 2006-866; Monroe St S/O Ave 54
19. 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 lI 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.
20. 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.
21. The permittee is responsible for obtaining a valid separate permit from the California Department of
Transportation Department (CalTrans) if any of the work or traffic control devices extend into the CalTrans
right of way.
22. 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
23. 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.
24. Prior to performing construction work and closing any lane_ s 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.
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 II Base with a minimum depth of 2"
b. A 6 inch thick subgrade layer compacted to 95% based on ASTM D1557
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 offsite debris to a certified landfill. Prior to hauling debris, the permittee shall
inform the City (Inspection staff or 777-7047) of the name and location of the certified dump site.
Special Conditions Page 4 of 8
PERMIT .NO.7008
Saddle Club @ Griffin Ranch / PRECISE GRADING, PM-10, SWPPP/ Tentative PM
35646; SDP 2006-866; Monroe St S/O Ave 54
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 to the Assistant Engineer II. 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, a traffic control plan for review and approval prior to start of construction or
parking on the paved R/W.
29. The permittee has been found to be.entitled to pay only direct expenses incurred by the City while
administering tasks related to the permit, in lieu of paying the standard encroachment permit fee adopted by
the City Council. City staff and its contract staff will maintain monthly time and material ledgers of
expenses incurred, and the City will invoice the Permittee on a monthly basis for the accrued cost.
The "T&M" note, and the "TBD" note, that appear in the "FEE" section on the face of the
permit form, respectively mean "Time. and Material" and. "To Be Documented" and is a
reference to the direct expense method defined in the previous paragraph.
30. The permittee is required to provide an informative message board (approved.by the City Engineer)
informing the commuters using the affected roadways of possible 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.
31. 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.
Pole
78 ft nm
J
32. As shown on the sketch to the left, a
minimum distance of 18 feet between
the surface and power lines must be
kept at all time.
Special Conditions Page 5 of 8
PERMIT NO. 7008
Saddle Club @ Griffin Ranch / PRECISE GRADING, PM-10, SWPPP/ Tentative PM
35646; SDP 2006-866; Monroe St S/O Ave 54
33. Pursuant to Section 1.4.16.370 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.
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-] engths 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.
Special Conditions Page 6 of 8
PERMIT NO. 7008
Saddle Club @ Griffin Ranch / PRECISE GRADING, PM-10, SWPPP/ Tentative
PM 35646; SDP 2006-866; Monroe St S/O Ave 54
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.
34. 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.
35. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its
original condition.
36. Access and egress to all local properties shall be maintained at all times.
37. Pursuant to Section 14.16.375 of the La Quinta Municipal Code (Ordinance 10 § I (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 a City .approved 3/" max medium
asphalt concrete as the base course lift and a City approved''/z" 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.
Special Conditions
Page 7 of 8
PERMIT NO.7008
Saddle Club @ Griffin Ranch / PRECISE GRADING, PM-10, SWPPP/ Tentative
PM 35646; SDP 2006-866; Monroe St S/O Ave 54
• For longitudinal trenches located in a traffic lane: three (3) feet outside the sawcut removal
lines, or to the lane line striping, whichever is greater.
• For transverse trenches across existing street: two (2) feet outside the sawcut removal lines.
E. If grinding and capping operations are not performed in the same day as base paving operations,
the base course lift of 3/" 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.
38. 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.
39. Pursuant to Chapter 12.56 of the La Quinta Municipal Code (Ordinance 10 § l (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.
40. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time.
41. 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.
42. 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 8 of 8
TRANS WEST HOUSING, INC
ADDEND UM TO SUBCONTRACT AGREEMENT
Project: GRIFFIN RANCH SADDLE CLUB
Contract #: 36-3611
o r� lfi } '+,:✓'� Addendum #: 3
_ _ . • Job -Phase: 36-01
BY ........
Cost Code: 02-220
Insurance: X
DATE: September 3, 2008
SUBCONTRACTOR:
A. Flores Excavating & Grading, Inc....
P.O. Box 1036
La Quinta, CA 92247
Telephone: 760-360-0255
Fax: 760-398-1697
The undersigned, A. Flores Excavating & Grading, Inc., ("Subcontractor') and TRANS WEST
HOUSING, INC., ("Contractor') having previously entered into the above listed Agreement on the
above referenced project, agree to amend the Agreement as described below. Now, therefore, in
consideration of the mutual covenants herein contained, Consultant and Developer agree as follows:
DESCRIPTION OF WORK: Delete PRE -WATER from original Subcontract Agreement. b✓i �� 1�
Pre -Water =. ($5,400.00) esmy, ``'t' ✓
Total this Addendum = ($5,400.00)
ORIGINAL CONTRACT PRICE:
$ 83,899.00
CURRENT CONTRACT PRICE:
$ 59,899.00
AMOUNT OF THIS ADDENDUM:
$ 5,400.00)
REVISED CONTRACT AMOUNT:
$ 54-499-00
Consultant approves the foregoing as to the changes in the•Agreement Price and as to the extension of
time allowed, if any, for completion of the Work. The execution of this Addendum constitutes a
mutual accord and satisfaction as to the items covered hereby.
Except as expressly set forth in this Addendum to the Agreement, the Agreement is unchanged and
unmodified and is hereby ratified and.affirmed.
SUBCONTRACTOR:
A. Flores Excavating & Grading, Inc.
sign: c
Name/Title: A-ot-^'!'u"
Date: ht
CONTRACTOR:
TRANS WEST HOUSING, INC.
Sign: VA
By: Vicky Mario, Purchasing Manager
Date:
Please sign and return both copies to T'WHI, upon receipt we will return an executed copy for your records and invoicing.
TRANS WEST HOUSING, INC
10721 TREENA STREET, SUITE 100 - SAN DIEGO, CA 92121
IrM CDVlN.ID. IQCQ\ GC] ]MT C......:...:1. /QCQ\ GCY IMI
i._.ANS WEST HOUSING, INC
ADDENDUM TO SUBCONTRACT AGREEMENT
Project: GRIFFIN RANCH SADDLE CLUB
Contract #: 36-3611
Addendum #: 2
Job -Phase: 36-01
Cost Code: 02-220
Insurance: X
DATE: June 9, 2008
SUBCONTRACTOR:
A. Flores Excavating & Grading, Inc.
P.O. Box 1036
La Quinta, CA 92247
Telephone: 760-360- 255.
Fax: 760-398-1697
The undersigned, A. Flores Excavating & Grading, Inc., ("Subcontractor") and TRANS WEST
HOUSING, INC., ("Contractor') having previously entered into the above listed Agreement on the
above referenced project, agree to amend the Agreement as described below. . Now, therefore, in
consideration of the mutual covenants herein contained, Consultant and Developer agree as follows:
DESCRIPTION OF WORK: Delete TREE REMOVAL from original Subcontract Agreement. +ree_ al re_0�
Tree Removal = ��•�
($24,200.00)
Total this Addendum = ($24,200.00)
I
i
ORIGINAL CONTRACT PRICE:
$ 83 899.00
CURRENT CONTRACT PRICE:
$ 84,099.00
AMOUNT OF THIS ADDENDUM:
$ 24,200.00
REVISED CONTRACT AMOUNT:
$ 59,899.00
Consultant approves the foregoing as to the changes in the Agreement Price and as to the extension of
time allowed, if any, for completion of the Work The execution of this Addendum constitutes a
mutual accord and satisfaction as to the items covered hereby.
Except as expressly set forth in this Addendum to the Agreement, the Agreement is unchanged and
unmodified and is hereby ratified and affirmed.
SUBCONTRACTOR:
A. Flores Excavating & Grading, Inc.
Sign:
Name/Title: )rt ,; aad—
Date: IW I -- 0 b
CONTRACTOR:
TRANS WEST HOUSING, INC.
Sign: V O
By: Vicky Mario, Purchasing Manager
Date
Vi
Please sign and return bath copies to TWHI, upon receipt we will return an executed copy foryour records and ltrvoicing.
TRANS WEST HOUSING, INC
10721 TREENA STREET, SUITE 100 - SAN DIEGO;cA 92121
TCI rvur%T - /OCQ%CC'1 ]M] Cw....:...:1.. IQCV\ CCI IMI
TRANS WEST HOUSING, INC.
Saddle Club ® Griffm Ranch
SUBCONTRACT AGREEMENT: 36-3611 COST CODE: 02-060
DATE: April 16, 2008
SUBCONTRACTOR:
A. Flores Excavating & Grading, Inc.
P.O. Box 1036
La Quints, CA 92247
Telephone: 760-360-0255 j
Fax: 760-398-1697
PHASE(S): Offsite I
THIS SUBCONTRACT AGREEMENT ("Agreemenfl is made by and between TRANS WEST HOUSING, INC.
("Contractor') and A. Flores Excavating dt Grading, Inc. ("Subcontractor'), for work to be performed on that real property
(the "Property") of Griffin Saddleclub, LLC (`Owner'), situated in the City of La Quints, County of Riverside, State of
Califomia; commonly known as Griffin RanchSaddleclub, (the "Project').
FOR SUFFICIENT CONSIDERATION, the Contractor and Subcontractor agree to work on the Project as follows:
TYPE OF WORK
1. Dogt tion of Work Notwithstanding Civil Code § 3106, the "work of improvement' is strictly limited to the
Phase(s) designated above. The Subcontractor acknowledges it has no mechanic's lien or other rights with respect to
any portion of the Property, the Project or any property or project except for that portion consisting of the above -
designated Phase(s). The Subcontractor shall perform and complete the following described work (the `Work'j.
i
Site Grading
I
2. Contract Documents The Subcontractor shall perform the Work in strict accordance with the following documents:
(the "Contract Documents') each of which is specifically incorporated into and made a part of the Agreement: ;
a. Exhibits.
Exhibit A ............ "Standard Terms and Conditions„
Exhibit B............. Insurance Requirements
Exhibit C............. "Scope of Work" and "Plans and Specifications"
Exhibit D ............ "Pay Point Sheet-
b. Attachments .
Attachment 1...... Dispute Resolution
Attachment 2.....Indemnification
c. Applicable Laws Any and all applicable city, county, .state and federal, laws, rules and
including building codes and OSHA requirements. regulations,
d. Amendments Any properly adopted amendments or modifications to any Contract Document. !
3. Scope of Work: The Subcontractor shall famish all labor, materials, tools,. equipment, transportation, skilled I
supervision, and insurance necessary to perform the Work in strict accordance with the Contract Documents. All
Work shall be conditioned on and subject fo the satisfaction of the Contractor, such satisfaction to be determined at
the Contractor's sole discretion and according to the Contractor's own standard(s) is. long as the Contractor acts in
good faith in making such determination.
4. Subcontract Price: Subject to the terms of this Agreement, the Contractor agrees to pay the Subcontractor the
following amounts (collectively, the "Subcontract Price") pursuant to Section 4 of Exhibit A and the Pay Point j
Sheet attached as Exhibit D CTay Points'): !
Total = $ 83,899.00
Notes/Conditions:
• Ail options must be billed separately (if applicable)
• Billing and payment per Article 4 of the Standard Terms and Conditions
S. Production Schedule: The Subcontractor acknowledges that time is of the essenceand agrees to complete all Work
pursuant to the schedule as established and adjusted from time to time by the Contractor or its agent ('Schedule,).
i
t
C3 P! TwR
INMAL RU AL
[rev 09-20-07)
i
Project Saddle Club @ Griffin Ranch
Contract#: 36-3611
Page 2
Effectiveness of Agreement The submission of this Agreement by the Contractor to the Subcontractor does not
constitute an offer by the Contractor, but is merely an invitation for the Subcontractor to submit an offer to the
Contractor by executing this Agreement and delivering it to the -Contractor. This Agreement -shall become effective
and binding upon the Contractor only upon execution and delivery hereof by the Contractor to the Subcontractor.
Professional Standards: The Subcontractor shall at all times enforce strict discipline and good order among its
employees and shall not employ on the Project any unfit person or anyone not skilled in the task assigned. The
Subcontractor agrees and understands that it will strictly abide by rules and regulations set forth by the Contractor,
including the following::
No alcohol nor drugs (any substance abuse material) will be allowed on nor consumed during working
hours or at any time while on.the Project. Consumption of, or the bringing of alcohol'or drugs to this
Project, by its employees will be grounds for immediate dismissal of the Subcontractor from the Project and
cancellation of this Agreement without further payment
No animals will be allowed on Project at any time.
No loud playing radios, etc., allowed on the Project at any time.
Insurance Prior to commencing the Work, the Subcontractor shall obtain and maintain, at its sole cost, theinsurance
policies set forth in Exhibit B and provide certificates evidencing such insurance to Contractor/Owner.
Submission of Documents: Prior to commencement of the Work and/or the moving of any equipment or materials on
the Project, the Subcontractor must submit and the Contractor must have received the following:
a. All required certificates of insurance.
b. A copy of.a valid and anent contractors license with the proper classification(s) for performance of the
Work.
C. A completed W-9 form with any attachments thereto.
d. A list of principal suppliers of labor, services, equipment and materials. This list shall include the names,
addresses and telephone numbers of all companies supplying rental equipment to the Project .
e. A list of all phone numbers and/or pager numbers for job superintendent(s)/foremen.
f. A copy of any required city license(s�
10. Odler Rec uimmentx Prior to commencement of the Work, the Subcontractor shall attend a pre -job meeting.
11. Evidence Collection Should any construction equipment and or material, regardless of ownership or possession, be
involved in an accident or other occurrence which may result in an insured loss, it will be the right and the duty of
the Contractor/Owner to collect and store all such equipment in a safe and secure place for no more than 7 days (or
one week) after which the equipment will be formally released by the Contractor/Owner to claims adjustment
personnel representing any insurance company bound to insure the Contractor/Project
IN WITNESS WHEREOF, the panties hereto have executed this Agreement as of the day and year first above written.
;STnRC5ONTRAtOP—A- :
TRANUSnc.
ger
Its: C M3 h'L�C'o w, c (UJ
.10721 Treena Street Suite 200
.P.O. Box 1036
La Quinta, CA 92247
Telephone: 760-360-0255
Fax:760-398-.1697
San Diego, CA 92131
Telephone: 858-653-3003
Fax: 858-653-3001
CA Contractor's License No: d� (b� License No: 701039
Federal Tax IDNo. ':53—�
Email address: �'ev1 C
K.r
WrIAI.
TWn:
INITIAL
(rev 09-22-061
EXHIBIT A
STANDARD TERMS AND CONDITIONS
INDEPENDENT 1N_ VESTIGATIO
1.1; The Subconttactor agrees that it has carefully examined all Contract Documents, including but not limited
to plans, drawings, specifications and addenda thereto, and also the Project site on which the Work is to be
performed and access to the Project, and that Subcontractor has decided to execute this Agreement on such
investigation, independent of any information famished by the Contractor or the Owner. The Subcontractor
agrees that it will not make any claim or demand upon the Contractor based upon or arising out of any
misunderstanding or misconception on Subcontractor's part of the provisions and requirements of the
Contract Documents. Any information given or statements made to the Subcontractor by the Contractor or
others as to the nature or characteristics of the Project, or as to the particular. details relating to the
Subcontractor's Work, shall not reduce or after the Work to be performed by the Subcontractor under this
Agreement.
1.2. The Subcontractor acknowledges it has fully examined and analyzed all conditions that could affect its
performance and that to the best of its knowledge, no conditions exist which would affect the progress,
performance or price of this Agreement. Prior to commencing Work on the Project, the Subcontractor, will
accurately check and verify where visible, the correctness of all previous and surrounding work done by
others.
1.3. The Subcontractor shall field measure all work done by others relating to its work ("Others' Work I. The
failure of the Subcontractor to (a) detect and disclose any existing discrepancies or nonconformities in
Others' Work which should have been discovered by the Subcontractor, and (b) report them to the
Contractor, in writing, before commencing Subcontractor's Work, shall relieve the Contractor ofany and all
responsibility for the discrepancies or nonconformities, and the Subcontractor shall be responsible. and
liable for all resulting damages, costs and expenses. In addition and specifically, if proper staking and/or
as-builts are available to the Subcontractor, any discrepancies or non -conformities reflected by such staking
or as-builts shall be considered discoverable by the Subcontractor.
IA. The Subcontractor acknowledges that it understands the Work is limited to the Phase(s) specifically
designated in this Agreement and that Subcontractor has verified which portion of the Property is within
such Phase(s).
l;♦S:I.L,Y�I►L��Jyla_CH�Y1_(•��'lgt_�Y2�•J� • :� • • 1g • .II1, •
2.1. The Subcontractor shall do all the Work in accordance with the Plans and Specifications attached and
included by reference to the Contract Documents. In this Agreement, the term "Project" shall include the
labor, materials, services, machinery, equipment, and other items required by the Plans and Specifications,
and the construction plans, tools, equipment; materials, services, and facilities necessary in fully complying
with the requirements of the Plans and Specifications and this Agreement In this Agreement, the term
"Specification" shall include any "trade specifications" attached and applicable to this Agreement, or which
in any way affect the work described in this Agreement
2.2. The Subcontractor shall perform and furnish any and all work, labor, services and/or materials, mentioned,
shown, depicted or required in the Plans and Specifications. In case of any ambiguity or discrepancy in the
Plans, Specifications or any other Contract Document, the Subcontractor shall promptly submit the matter
to the Contractor, in writing, otherwise the Subcontractor will be held solely liable to make any change
necessary to correct the ambiguity or discrepancy. Without a written determination by the Contractor, any
decision or adjustment by the Subcontractor shall be at the Subcontractor's sole risk and expense. Any
labor or materials which are called for on the Plans and not on the Specifications, or on the Specifications
and not on the Plans, shall be considered to have been called for on both the Plans and Specifications and
shall be furnished by the Subcontractor.
2.3. All incidental work reasonably necessary to complete the Work shall be done by the Subcontractor
notwithstanding the same may have been omitted from the Plans and Specifications. Performance of the
Work and materials used shall be satisfactory to the Contractor and the Owner. All Plans and
Specifications shall remain the property of the Owner. In the event of any doubt or question arising with
respect to the true meaning of the Plans and Specifications, the decision of the Owner shall be final and
conclusive.
2.4. The Subcontractor represents that it is familiar and shall be conclusively presumed to be familiar with the
applicable property standards and requirements, including all amendments and additions, of the FHA, VA
and all city, county, state or other governmental agencies whose rules, regulations, ordinances, statutes and
jurisdiction may affect any of the Work.
EXHIBIT A TWH:
�1171AL PAGE I Q�ITtA�
[rev 09-20.07)
Project: Saddle Club ® Griffin Ranch
Contract 0: 36-3611
2.5. At all times, the Subcontractor shall furnish to the Contractor and its authorized representatives ample
facilities for inspecting materials at the construction site, or any place where materials under this Agreement
may be in the course of preparation, process, manufacture or treatment. The Subcontractor shall further
furnish to the Contractor, as often as required, full reports of the progress of the Work at any. place where
materials under this Agreement may be in the course of preparation or manufacture. The reports shall show
the progress of preparation and manufacture in such detail as may be required by the Contractor, including
any plans, drawings or diagrams made in the course of preparation.
2.6. The Contractor may request or order re-examination of any part of the Work ("Work Part"), and the
Subcontractor must uncover the Work Part upon request. Should the Work Part not conform to the
specifications of the Contract Documents, the Subcontractor shall bear the full cost of uncovering the Work
Part and shall correct any and all deficiencies at Subcontractor's expense. Should the WorkPart conform to
the Contract Documents, the Contractor shall pay all costs of uncovering and replacing the cover.
2.7. In performing the Work, the Subcontractor will use methods, equipment and appliances that will assure
work of first class quality and sufficient to complete Project according to the Schedule. Equipment must
not be obsolete and be in a good state• of repair and maintained in such state during the progress of Work.
Contractor may order Subcontractor to.improve, change or comect.such methods, equipment and appliances
if in Contractor's opinion they are inadequate or insufficient.
SCifEDULING OF WORK
3.1. The Subcontractor agrees to commence Work no later than 24 hours after being notified to do so by the
Contractor, and to perform the Work diligently in conformance with the Contractor's construction program
and the Schedule and not delay any work of the Contractor or any other trade or subcontractors involved in
the Project
3.2. The Subcontractor shall do all the required cutting, fitting or patching of its Work to make its several parts
come together properly, and fit to receive or be received by work of other subcontractors, shown upon or
reasonably implied by the Plans and Specifications. Any cost caused by defective work of the
Subcontractor shall be borne by the Subcontractor. It is further agreed that the Subcontractor shall not
endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other
subcontractor, except with the written consent of the Contractor.
3.3. It is Subcontractoes responsibility to properly coordinate its Work with other trades. In order to prevent
duplication of errors, the Subcontractor is not to operate from or use as a basis errors made by other.
subcontractors.
3.4. The Subcontractor shall immediately report in writing to the Contractor any inconsistencies or errors.
Subcontractor and other Project subcontractors must confer and exchange drawings or measurements as
may be necessary to insure complete coordination of the Project in its entirety as contemplated by the Plans
and Specifications. In the event of a dispute among Subcontractor and any other Project subcontractors, the
decision of the Contractor shall be final.
3.5. . The Subcontractor shall famish adequate workers (a) in sufficient number to complete the Work according
to the Schedule, (b) sufficiently skilled in their trade to do a first class job, and (c) scheduled to provide a
smooth flow of production as required by the Contractor. The Subcontractor shall be responsible for the
coordination between his trade and all other trades. All Work shall be performed in a workmanship like
manner, straight, true and plumb. Subcontractor shall correct any deficiencies n its Work and materials
before such Work is covered by other trades. The Subcontractor shall be responsible for obtaining and
complying with any and all required inspections.
PAYMENT -
4.1. In the manner described below, the Contractor agrees to cause Owner to initially pay the Subcontractor,
90% of labor that has been placed in position by the Subcontractor. The remaining 10% ("Retention'l
shall be retained for 30 days after the completion of the phase in which the work was done. Acceptance will
not be unreasonably withheld if all of the contacted items have been completed. INVOICES
SUBMITTED FOR PAYMENT MORE THAN 60 DAYS AFTER THE NOTICE OF
COMPLETION MAY BE INVALIDATED UPON RECEIPT. INVOICES FOR "EXTRAS" AND
OPTIONS MUST BE SUBMITTED TO CONTRACTOR WITHIN 3o DAYS OF COMPLETION
OF THE EXTRA OR OPTION OR THE INVOICE MAY BE RENDERED INVALID, AND NOT
PAID. INVOICES WHICH ARE MROPER REGARDING THE CONTRACT NUMBER,
TRACT NUMBER, UNIT PRICES, QUANTTITES, RETENTION OR ANY OF THE PAYMENT.
REQUIREMENTS, SHALL BE RETURNED TO SUBCONTRACTOR UNPAID.
rr- E7G113IT A TWH:
INrr1AL PAGE 2
f rev 09-20-07]
Project Saddle Club Q Griffin Ranch
Contras H: 36.3611
4.2. On a semi-monthly basis, Subcontractor is required to submit itemized invoices to Contractor indicating
progress of the Work and the Pay Points being billed ("Invoiceel. The Pay Point specified in Section 4 of
the Agreement becomes due upon completion and acceptance by the Contractor of the work covered by the
subject Pay Point. Contractor shall have the right to inspect the Work itemized in the Invoices and reject all
or any part of any Invoice for Work which is incomplete or does not otherwise fully conform to theContract
Documents. In the event of such rejection, Contractor shall notify Subcontractor in writing specifying the
problem so that it may be cured by Subcontractor. Subcontractor shall submitwith its Invoice(s) an original
signed lien release form which lists the pertinent invoice numbers and dollar amounts. Only original wet
signed releases will be accepted. Faxed and/or non -original copies of releases will not be accepted. All
extras must be invoiced separately.
4.3. Regardless of the terms of payment provided for in the Contract Documents, the Contractor shall not be
required to make any payments to the Subcontractor that would leave a balance due Subcontractor
insufficient to cover the total Retention plus an amount sufficient in Contractor's judgment to satisfy all
obligations of the Subcontractor under the Contract Documents. Payment for any Work not covered by the
original Contract Documents will not be made unless covered by a change order signed by the Contractor's
authorized representative on Contractor's form, and any such change order must be obtained prior to the
start of such work. If a change order is not obtained, no payments will be made for any work not covered
by this Agreement.
4.4. Prior to receiving any payments, the Subcontractor agrees that it will furnish the Contractor satisfactory
releases, waivers of lien, affidavits, and other evidence required by the Contractor showing that all labor
materials, equipment, services, union health, welfare and pension fund payments, payroll taxes, and other
items, used in connection with or incorporated in the Project have been paid in full. All moneys paid to the
Subcontractor under this Agreement are paid in trust, and the Subcontractor shall have no interest in such
moneys until all material suppliers and laborers of the Subcontractor have been paid in full for their work
and materials. I
4.5. In the event the Subcontractor fails to pay and discharge when due any bills of any kind or nature incurred
by the Subcontractor rehiring to the Project, or if at any time there shall be any evidence of any lien or any
claim against the Contractor or the Owner as a result of the Subcontractor's operations, the Contractor shall
have the right to retain out of any payment due or any payment to become due under the Contract i
Documents, an amount sufficient to completely indemnify the Contractor and Owner against any such lien
or claim, including attorneys' fees incurred by reason of the lien or claim. This right shall be in addition to
any other rights or remedies the Contractor has under the Contract Documents or at law.
4.6. No payment, including final payment, made under the Contract Documents, shall be evidence of
Subcontractor's satisfactory performance of the Contract Documents, either wholly or in part, and no
payment shall be -considered to be an acceptance of defective or unsatisfactory workmanship and/or
materials.
4.7. The acceptance of any payments from Contractor, except Retention, by the Subcontractor shall constitute a
release of the Contractor and the Owner from any and all liability, arising or incurred during the time period
and for all work represented by that paymem. Acceptanceof final payment by the Subcontractor constitutes
a general release of the Owner, the Contractor and its surety. If the Subcontractor takes exception to
releasing the Owner or the Contractor by acceptance of payments, the Subcontractor must return said
payment with an affidavit by an officer listing each and every exception to the release, and stating brat no
other claim exists.
4.8. The Subcontractor will require all of its subcontractors, suppliers and materialrnen to acknowledge in
writing that the Work is limited to the Phase(s) specifically designated inthis Agreement Except for such
designated Phase(s), the Subcontractor for itself, its subcontractors, suppliers, materialmen and employees,
waives, releases and relinquishes all rights to file any Stop Work Notice, Notice of Intent, Notice of Lien,
Mechanic's Lien or other encumbrance C Encumbrances") against the Contractor or its surety, the Owner,
the Property, the Project, or any moneys earned by the Contractor. The filing or effectuating of any
Encumbrance shall be considered a material breach. The Subcontractor shall be responsible and liable for
all damages and expenses, including bond premiums and attorneys fees, to discharge and/or defend against
the Encumbrance. The existence of any Encumbrance shall preclude the Subcontractor's right to receive
payment until the Encumbrance has been satisfied and removed
4.9. On receipt by Contractor of a written notice. from Subcontractor that the Project is ready for final
inspection, Contractor shall promptly inspect the Project and, if Contractor finds it has been substantially
completed in accordance with the Contract Documents C Completion'), Contractor shall execute, verify
and record a Notice of Completion in the manner prescribed by law. Final acceptance of the Project by
Contractor shall occur after all Work is fully completed, including all punch -list and pick-up items ("Final
Acceptance"). Prior to Final Acceptance, Subcontractor shall deliver to Contractor in writing all necessary
approvals of applicable federal, state, or local agencies and/or authorities, including Certificates of
Occupancy, if applicable. All guarantees, brochures, operating instructions, etc., must be supplied by
Subcontractor to Contractor before the Work can receive Final Acceptance. Should local laws not provide
for recordation of a Notice of Completion, then Complexion shall be the same date as Final Acceptance.
4.10. R&monsibility for Defects. Neither recordation of a Notice of Completion of the Project by Contractor,
n i— payment to Subcontractor by Contractor of all Pay Points, Retention and any other eXIAL
due
1� Y EXHIRIT A r '
INITIAL PAGE 3
[rev 09-20-071
Project Saddle Club @ Griffin Ranch
Contras #: 36-3611
Subcontractor, nor any acceptance, occupation or utilization of the Project or any part of the Project by
Contractor, shall relieve Subcontractor of liability for defective materials or workmanship used in the
performance of the Work or for failure to construct the Project according to the requirements of the
Contract Documents and SB 800 (Califomia Civil Code §§895, et seq.).
CHANGE ORDERS AND CHANGES iN RfiOiIIRFMENTS
5.1. The Contractor may at any time, without notice to the Subcontractor's surety and without invalidating the
Contract Documents, make any changes in the Plans and Specifications that the Contractor may deem
expedient, whether such changes increase or diminish the Scope of Work ("Change" or "Changes'; but
the Subcontractor shall not make any Changes exceptupon written order from the Contractor. If within five
(5) days following notice of any proposed Change, no additional time is asked for by the Subcontractor, it
shall be construed that no additional time is required by the Change. The payment due Subcontractor for a
Change sball, at the Contractors option, be a hrmp-sum agreed upon between the parties or 110 percent
(I10%) of the actual net cost of labor (including overtime), materials, and leased equipment incurred or
saved by the Subcontractor ornecessary to perform any additional work required by the Change ("Change
Payment"). The Subcontractor agrees that if the Contractor is not satisfied with the price quoted by the
Subcontractor for the Change, the Contractor may engage another subcontractor to perform the Change, and
the Subcontractor agrees to cooperate fully with the substitute subcontractor.
5.2. The Subcontractor agrees that should the Owner or Contractor, in its discretion, decide•tbat it will not
construct the number of units described herein, or should the Contractor in its discretion decide to construct
types of units other than those designated on the Plans and Specifications, the Subcontractor shall have no
claim for compensation or damages for any units not constructed, or for the construction of units from
'differing design plans and this Agreement shall be applicable only to the units that are in fact constructed
pursuant to the terms of the Contract Documents.
DEFAULT AND BACK-CHARG 4
6.1. Should the Subcontractor a) fail to perform in strict accordance with the Contract Documents, where or as
the Contractor may so direct; b) become insolvent, c) fail to pay its obligations as they mature; d) in the
opinion of the Contractor, fail to properly prosecute and perform any part of the Work, e) fail to exert its
best performance efforts, f) become involved in labor disputes, g) be terminated under any other contract
with the Contractor, then the Subcontractor may be deemed by the Contractor to have materially breached
this Agreement ("Material Breach').
6.2. In the event Contractor determines Subcontractor has caused a Material Breach, the Contractor shall
immediately give notice to the Subcontractor of such breach ('Breach Notice). Within forty-eight (48)
hours of receipt of a Breach Notice, Subcontractor shall to the satisfaction of the Contractor correct the
circumstances which led the Contractor to issue the Breach Notice. If Subcontractor fails to so correct, the
Contractor may, at its option, provide or procure any labor or material necessary to cure such breach or to
complete the Work, and may deduct the cost to do so from any money then due or thereafter to become due
to the Subcontractor under this Agreement In the alternative, the Contractor may, at its option, terminate
Subcontractor's right to proceed with all or any part of the Work and, in that event, the Contractor shall
have the right to enter upon the premises where they are located and take possession of all materials, tools,
and appliances of the Subcontractor, for the purpose of and to the extent necessary for completing the
Worst, and may employ any other person or persons to finish the Work and provide the materials therefor.
If the Contractor terminates the Subcontractor's right to proceed with the Work, the Subcontractor shall not
be entitled to receive any further payment under this Agreement until the Work undertaken by the
Contractor is completely finished. At that time, if the unpaid balance of the amount to be paid under this
Agreement exceeds the expenses incurred by the Contractor in finishing the Work, the excess shall be paid
by the Contractor to the Subcontractor, but, if such expense does exceed :the unpaid balance, then the
Subcontractor shall promptly pay to the Contractor the amount by which the expense exceeds the unpaid
balance. In determining the rights of the Contractor and the Subcontractor following termination by the
Contractor of the Subcontractor's right to carry out the Work, the expenses incurred by the Contractor shall
include all expenses incurred by the Contractor for labor or materials, all attorneys' fees incurred by the
Contractor in enforcing the Contractor's rights, any and all damages sustained by the Contractor by reason
of the Subcontractoes Material Breach, plus fifteen percent (150A) of all such expenses as the general
overhead charge and ten percent (10%) of all such expenses as a charge for the Contractor's profit on any
and all such expenses. The Contractor shall have a lien upon all materials, tools, and appliances of the
Subcontractor, which are held by the Contractor pursuant to the provisions of this Agreement
6.3. If, at any time, the Contractor discovers evidence of: (1) defective work not remedied; (2) claims filed or
reasonable evidence indicating probable filing of claims; (3) failure. of Subcontractor to make payments
properly to his workers or subcontractors, or for material, labor, or fringe benefits; (4) a reasonable doubt
that this Agreement can be completed for the balance then unpaid; or (5) damage to another subcontractor
or its work, the Contractor may withhold, to such extent as may be necessary to protect the Contractor from
loss, any sums payable to the Subcontractor under the provisions'of this Agreement When the evidence of
any of the conditions Set forth in this paragraph has been removed to the Contractor's satisfaction, such
amounts as are then due and owing to the Subcontractor shall be paid or credited to the Subcontractor by
the Contractor.
40- EXHIBIT Twit- 1' C_.
WMAC PAGE 4 IM•IA1,
[rev 09-20-07)
Project Saddle Club @ Griffin Ranch
Contract ®: 36-3611
6.4. if any repair, correction, or warranty work required with respect to the Work, whether performed by
Subcontractor or others, or any act of Subcontractor, results in any consequential, special, or incidental
damages to all or part of the Project including, but not limited to, the removal, breakage, loss replacement
or other change in any improvements constructed by Subcontractor, Contractor, or.other subcontractors,
Subcontractor shall be responsible to Contractor for all such damages. Contractor may Back -Charge
Subcontractor for all costs and damages incurred pursuant to this paragraph and if there are not sufficient
monies otherwise owing from Contractor to Subcontractor available to cover such Back -Charge,
Subcontractor shall, immediately upon receipt of notice of intent to Back -Charge of such monies due, remit
them to Contractor.
TERM[NATTON
7.1. Contractor reserves the absolute right to terminate this Agreement. In the event of termination without
cause, Subcontractor shall be entitled to payment only as follows:
7.1.1. Cost of the Work actually completed in conformity with this Agreement through the date of
termination; phis
7.1.2. Ten percent (10'/a) of costs referred to in subparagraph 7.1.1 above for overhead and profR
However, in no event shall the Subcontractor. be entitled to an amount that exceeds the lesser of the value of such
Work as itemized in this Agreement or the Pay Points with respect to such Work
8. PERSONNEL OF SUBCONTRACTOR
9.1. The Subcontractor acknowledges that the. Contractor is entering into this Agreement relying upon the
experience and ability of the present offices, stockholders, partners or owners ofthe Subcontractor to fulfill
the * obligations of the Subcontractor under this Agreement. Should there be a change in the officers,
stockholders, partners or owners of the Subcontractor, the Contractor shall have the right to declare this
Agreement terminated, and the Subcontractor shall have no claim upon the Contractor or the Owner other
.than for work already completed and accepted by the Contractor, less any offset the Contractor may have
against such claim of the Subcontractor. �.
8.2. Employment of labor by the Subcontractor shall be effected under conditions satisfactory to the Contractor.
The Subcontractor shall employ only competent, carefid and orderly persons for the Pmject, and upon
notification by the Contractor that the, conduct of any person employed by the Subcontractor is
unsatisfactory, shall immediately remove such person from the Project The Subcontractor shall from time '
to time furnish the Contractor on request, a list of all laborers and materialmen used by the Subcontractor [n
connection with the Project
8.3. The Subcontractor shall keep an English speaking representative at the job site during all times when the
Work is in progress, and such representative shall be authorized to represent the Subcontractor as to all
aspects of the Work. Prior to commencement of the Work, the Subcontractor shall notify the Contractor'
who the Subcontractor's representative is to be, and in the event of any change of representative the
Subcontractor shall notify the Contractor who the new representative is to be prior to the change becoming
effective.
8.4'. The Subcontractor is an independent contractor, and shall at its sole cost and expense, and without increase
in the price to be paid the Subcontractor under this Agreement, comply with all laws, riles, ordinances, and
regulations of all governing bodies having jurisdiction over the workto be performed under this Agreement,
including but not limited to, Federal, state and local tax laws, applicable employment laws, social security
acts, unemployment compensation ads and worker's compensation acts insofar as applicable to
performance of the Work- The Subcontractor shall also obtain all necessary permits and licenses therefor,
and pay all manufacturers' taxes, sales taxes, use taxes, processing taxes, and all federal and state taxes,
insurance and contributions for Social Security and unemployment which are measured by wages, salaries,
or other remunerations paid to Subcontractor's employees, whether levied under existing or subsequently
enacted laws, rules or regulations. The Subcontractor shall, upon request, furnish evidence satisfactory to
the Contractor that any and all of the foregoing obligations have been fulfilled.
8.5. If the Work requires installation of materials or equipment famished by others to the Subcontractor, it shall
be the responsibility of the Subcontractor to examine each and all of the items so provided, and to handle,
store, and install the items with the skill and care necessary for satisfactory installation. Any loss or
damage to such items caused by act of the Subcontractor shall be. charged to the account of the
Subcontractor, and deducted from moneys payable to the Subcontractor under this Agreement
ENMBIT A Twit ZZ-1
DUTIAL PAGE 5 WMAL
[rev 09-20.07]
Project Saddle Club @ Griffin Ranch
Contract#: 36-3611
8.6. Subcontractor agrees to comply with all of the terms and conditions of those labor agreements in force
insofar as Subcontractor may lawfully do so, and in particular agrees to comply with the terms and
provisions of the agreements setting forth the jurisdiction and the scope of work claimed by each of the
crafts and the procedure contained in the applicable agreement for resolution of jurisdictional disputes. In
the absence of any such procedure, or if such procedure fails to promptly resolve the jurisdictional dispute,
Subcontractor agrees, at his own cost and expense, upon request of Contractor, to take any and all lawful
steps to secure a binding and final determination of any jurisdictional dispute by the National Labor
Relations Board Should there be picketing on the Contractor's job site, and the Contractor establishes a
reserved gate for the Subcontractor's purposes, it shall be the obligation of the Subcontractor to continue the
proper performance of the Work without interruption or delay. Subcontractor further promises and agrees
that it will bind and require all of its subcontractors and their subcontractors performing job site work of the
type covered by any of the labor agreements specified above to agree to all of the promises and
undertakings in this paragraph to the same effect as being required of Subcontractor.
TAXES
9.1. The Subcontractor is an independent contractor and not the employee of the Contractor. The Subcontractor
shall be responsible for and shall pay any and all taxes, contributions, fees, social security, unemployment
insurance, and other similar.items, imposed directly or indirectly on account of its work, labor, material and
services required under or relating to this Agreement At no time, shall there be an increase or escalation in
the Subcontract Price on account of any such charge. The Subcontractor shall, on demand, substantiate that
all taxes and other charges are being properly paid. If the Subcontractor is not required to pay in whole or
in part any such tax which was included in the calculation of the Subcontract Price, then in such event the
Subcontract Price shall be correspondingly decreased.
91. The Subcontractor's failure to. pay any federal, state or local taxes or duties shall entitle the Contractor to
withhold any sums due to the Subcontractor under this Agreement; and if such taxes are not paid within
forty-eight (48) hours after the Contractor has given notice to the Subcontractor of such unpaid taxes, the
Contractor may then terminate this Agreement without further obligation to the Subcontractor.
10. SHIPPING. STORAGE. AND USE OF EOUIPT4ENT
10.1. The Subcontractor agrees to prepay the transportation charges on all materials shipped to the job site. The
Subcontractor shall store materials on the job site only in areas approved by the Contractor. The
Subcontractor shall furnish and maintain in operating condition a sufficient amount of equipmen;
machinery, tools, and implements of the type necessary to perform the Work The Subcontractor shall not
employ any tools, equipment machinery or other implements on the job site that are not solely owned by
the Subcontractor, unless the Subcontractor shall first obtain written permission from Contractor. The
Subcontractor assumes full risk and responsibility for any loss or. damage of any type whatsoever to his
equipment tools, machinery, and implements, while in use or stored at the job site. Unless otherwise
provided by written agreement between the Subcontractor and the Contractor, at its sole risk and expense,
Subcontractor shall furnish, erect, dismantle, and remove any and all scaffoldings, ladders, runways,
staging, or other supportive or auxiliary structures or devices requiredto perform the Work
10.2. At -its own expense, Subcontractor shall provide, in areas designated by the Contractor, whatever storage
sheds, workshops and offices necessary for the performance of the Work, and shalt remove and thoroughly
clean those areas at the completion of the Work The handling, unloading and safe storage of materials and
equipment shall be the sole responsibility of the Subcontractor. The Contractor shall not be responsible for
any damage or loss to any materials, equipment, kitchen or plumbing units, furnishings or furniture,
furnished by the Subcontractor to the job site, whether stored in the Contractors buildings on the Property
or otherwise, until such time as the materials, equipment, kitchen or plumbing units, furnishings or furniture
are incorporated in the structure of the buildings to be erected on the Property, and the buildings have been
accepted by the Contractor as completed.
10.3. Notwithstanding the foregoing, title to all goods and materials to be furnished by the Subcontractor under
the terms of this Agreement shall be deemed to vest in the Contractor at the earliest time such goods and
materials are "identified" to the contract, as that term is used in Section 2501 of the California Uniform
Commercial Code.
10.4. The Subcontractor agrees that the use of any of Contractor's equipment or storage facilities given, loaned or
rented to the. Subcontractor shall be on the distinct understanding that Subcontractor uses the equipment or
storage facilities at its own risk, takes them "as is" after satisfying itself by examination as to their
condition, and returns them to Contractor in as good condition as when received.
II. PROTECTION OF WORK
11.1. The Subcontractor shall protect its own Work and be responsible under all circumstances for the condition
of the Work until final acceptance of the entire Project by the Contractor. The Subcontractor shall likewise
protect adjacent property from damage arising out of the Work, and shall repair or otherwise make good
any such damage or injury. The Subcontractor shall be responsible for any loss or damage to its Work or
materials supplied by it prior to the time of final acceptance of the Work by the Contractor.
! EX HMIT A TWH: Z'L-
1NITfAL PAGE 6 IN1T1A1,
[rev 09-20-07]
Project Saddle Club ® Griffin Ranch
Contract N: 36-3611
112. The Subcontractor shall take all precautions necessary for the safety of any and all persons working at the
Project, and shall comply with all applicable provisions of any federal, state, county, or municipal safety
laws, ordinances, regulations, or building codes to prevent injury to such persons while in, about, or
adjacent to the Project The Subcontractor shall properly erect and maintain at all times necessary, any
fences, barricades, caution lights, and other safety.appliances or devices necessary for the protection of any
and all persons and property on the Project, as the conditions and progress of the Work may require,
11:3. Ile Subcontractor shall famish 'and be responsible for placement of any safety guards required in
connection with the Work, including but not limited to, compliance with "Hard Hat" signs, where posted.
11.4. no Subcontractor, for itself;. its agents and employees, agrees to be bound by and comply with (and as to
its agents and employees enforce compliance with) all requirements and provisions of the Williams -Steiger
Occupational Safety and Health Act of 1970 or any modification thereto, and all other applicable federal,
state and local safety codes and regulations.
12. INDEMNITY
12.1. Subcontractor's Indemnification of Contractor and Owner. Subcontractor's indemnity obligations under this
Agreement shall be as set forth in Attachment 2.
12.2. Subcontractor shall attach and incorporate Attachment 2 into any sub -tier subcontract which it enters into
for this Project, so that each such sub -tier subcontractor likewise indemnifies the above -described parties
from claims arising out of said sub -tier subcontractor's work.
13. INSURANCE
13.1. Subcontractor shall maintain the insurance coverage(s) set forth inExhibit B hereto.
14. PERMITS LICENSES AND SAFETY REGULATIONS
14.1. The Subcontractor shall obtain at its expense all permits and licenses, and comply with all laws, ordinances,
rules, regulations, orders and requirements of the city, county, state and federal governments and of any j
board or commission or other duly qualified body having jurisdiction, which shall or might affect or apply
to the Project; and shall maintain a valid contractor's license as required by the State of California
142. The Subcontractor, of its sole expense, shall comply with all ordinances, stannea, regulations and
requirements of any Union contract if Subcontractor has a union agreement, governing or affecting safety
standards for the performance of work and working conditions in the Subcontractor's trade or in trades
ern to ed the Subcontractor, in P Y by performing the terms.of this Agreement
14.3. Subcontractor is aware of the requirements of the Injury and Illness Prevention Program Act (1991, Senate
Bill 198) and confirms that its ro p ®ram complies with the Act as summarized in the following outline. �
Subcontractor's program includes: (i) an effectivewritten program for identifying and evaluating workplace
hazards, including scheduled periodic inspections to identify unsafe conditions and work practices; (irk j
identification of the person(s) responsible and accountable for administering the employer's' Injury
Prevention Program; (urn procedures for correcting unsafe and unhealthy conditions in a timely manner
based upon the severity of the hazard; (iv) establishment of regularly afety scheduled smeetngs; (v) ;
occupational safety and health training programs to instruct employees in general safety and health work
ens and instruction regarding gardmg the hazards specific to each employee's job; (vr) a system for ensuring
employees' compliance with safety and health work practices, which may include disciplinary. action; and
(vii) ongoing documentation/record keeping of the steps taken to implement and maintain the Injury and
Illness Prevention Program. Subcontractor confirms the program, as outlined above, will be. implemented
in full on the Project. It is understood that neither Contractor nor Owner has responsibility for the safety of
employees of Subcontractors.
15. WARRANTY AND GUARANTEE
15.1. The Subcontractor guarantees and warrants that the Work, the materials and equipment furnished by the
Subcontractor under this Agreement are five from any defects in either workmanship or equipment and
materials, and this guarantee and warranty shall inure directly to the Contractor, the Owner and the original
and subsequent purchasers of all or part of the Project The Subcontractor agrees, at its own. expense, to
make good any loss or damage arising from any defect in materials or workmanship furnished to the
Project, and all corrective work arising out of the Work, or required by VA, FHA or any other lender or
insurer. The Subcontractor further agrees to deliver to the, Contractor all manufacnners' equipment
warranties accompanying equipment furnished by the Subcontractor to the Project, at the time such
equipment is delivered to the job site and hereby assigns to the Owner all guarantees, warranties, or bonds
of and for material and workmanship running in favor of the Subcontractor.
15.2. All work and materials which are determined by the Contractor to be defective or deficient in any manner
shall be remedied or removed and replaced by the Subcontractor in a manner reasonable to the Contractor.
The Subcontractor shall bear all expenses and shall make good damage caused by such remedy, or removal
and replacement. If the Subcontractor fails to so remedy or remove and replace within seven (7) days after
receiving notice from the Contractor that work or materials have been found defective or defici uthin
y F•' EXHIBIT A. TWH:f�.
MITIAL PAGE
[rev 09-20-071
Project: Saddle Club ® Griffin Ranch
Contract d: 36-3611
twenty-four (24) hours if the defect is in plumbing or electrical work, the Contractor may give
Subcontractor notice of breach and proceed with Contractor's remedies under Article 6 of the Standard
Terms and Conditions. j
15.3. .The guarantee period for all portions of the Work, shall be one (1) year from the date of final acceptance by
i
the Owner of the Project unless a longer period is set forth in the Specifications. Where a longer period is
required, the guarantee period shall also commence on the date'of final acceptance by the Owner of the
Project
t.
16. REMOVAL OF DEBRIS AND CLEANING !
I
16.1. The Subcontractor, at its sole cost shall keep the Project free of rubbish, empty bags having contained lime,
cement or other dust -producing materials, scrap lumber (shall be piled on site for removal by others), waste
materials and shall remove all other rubbish offsite. All rubbish shall be removed from the Project daily
and work areas shall be maintained free from accumulation of combustible debris. The' Subcontractor shall
clean to the satisfaction of the Contractor all dirt, grease marks, or similar stains. If the Subcontractor
refuses or fails to clean in accordance with this provision or as directed by the Contractor, the Contractor
shall have the right, but not the obligation, to proceed with the cleaning and charge the Subcontractor with
all costs incurred by the Contractor, deducting the amount from the payments due the Subcontractor.
16.2. Upon completion of the Work, the Subcontractor shall remove all its plans, tools, materials and other
articles from the Property; otherwise, the Contractor, at its option and without waived of any other rights,
may, on forty-eight (48) hours notice to Subcontractor, treat all property as abandoned property.
17. RELATIONSHIP TO OWNER
17.1. Contractor and Subcontractor acknowl a that Owner is not a edg Party to and has no obligation under this
Agreement, but that this Agreement has been entered into for the express benefit of Owner.
17.2. At any time, and from time to time, Owner may request any information or documentation it deems
reasonably necessary from. Subcontractor relating to this Agreement and Subcontractor shall, to the extent
available, provide such information to Owner within three (3) business days.
17.3. Subcontractor wupon Owner's request, recognize Owner as an Owner -Builder and as the successor -in -
ill,
interest to Contractor under this Agreement In no event, however, shall Owner be liable for any
contractual obligations under this Agreement priorto the date upon which Owner becomes the successor -in -
interest under this Agreement Nothing herein, however, shall limit any rights Subcontractor stay have
under California Civil Code §§ 3109 through 3154 or other laws relating to the enforcement of rights by
mechanics, mate ialmen, contractors and the like.
18.. NON-DISCRINIINATION IN EMPLOYMENT
18.1. During the team of this Agreement, neither Subcontractor nor any of its affiliates, employees or agents shall
unlawfully discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, physical handicap, medial condition, marital status, age or sex. The
Subcontractor and its affiliates, employees and agents shall assure that the evaluation and treatment of their
employees and applicants for employment are fire of such discrimination. Subcontractor and its affiliates,
employees and agents shall comply with the provisions of the California Fair Employment and Housing Act
(Section 12900 et seq. of the California Government Code) and the applicable regulations promulgated
thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of
the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in
Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated herein by this
reference and are made a part hereof as if set forth herein in full
18.2. Subcontractor and its affiliates, employees and agents shall give notice of their obligations under this clause
to labor organizations with which they have a collective bargaining or other agreement Subcontractor shall
include the foregoing nondiscrimination compliance provisions in all contracts to perform work or provide
services under this Agreement During the term of this Agreement, Subcontractor, its affiliates, employees
and agents shall conduct their respective activities in accordance with Title VI of the Civil Rights Act of
1964 and the rules and regulations promulgated therein.
19.1. The Subcontractor will have no direct dealings with prospective purchasers from Contractor during the life
of this Agreement All submittals, correspondence, changes, extras, payroll reports, claims, and any other
communications made by the Subcontractor shall be directed to the Contractor. Subcontractor further
agrees that prompt, efficient and courteous service to any owner of all or a portion of the Project, including
any owners of individual units, present or future, to correct, repair or adjust the Work, following completion
shall be a part of this Agreement
20.
Tr EA TtyH; �.
iM"1"fAL PAGE PAGE 8 8
[rev 09-20-07)
Project Saddle Club (al Griffin Ranch
Contract#: 36-3611
20.1. . Notwithstanding any contrary provisions in this Agreement, all disputes concerning the Projector this
Agreement, in which Contractor and/or Owner is made or becomes a party, sball be resolved as set forth in
Attachment 1.
201. Attomeys' Fees. The Subcontractor shall pay to the Contractor and the Owner in any action brought under
this Agreement and in any action brought against the Subcontractor by third parties in which the Contractor
or the Owner is joined as a party, whether the same proceeds to judgment or not, the Contractor's and the
Owner's attorneys' fees; this provision shall also apply to any suit on any bond fitmished hereunder.
21. WSCELLANEOUS PROVISIONS
21.1. Time of Essence. Time is of the essence of this Agreement Should Subcontractor's improper performance
of Work cause a delay to the work to be performed by other subcontractors, or the Project, Subcontractor
shall be liable for any and all losses and damages sustained by Contractor as a result thereof.
21.2. Waiver. The waiver by the Contractor of any breach of any term, covenant or condition herein contained,
including the waiver of any time of performance,shall not be deemed to be a waiver of any subsequent such
breach. No covenant, term or condition of this Agreement shall be deemed waived by Contractor unless
,done so in writing signed by the. Contractor.
21.3. Assignment and Subcontracting. Subcontractor shall not assign or subcontract any portion of this
Agreement, either voluntarily or by operation of law, without first obtaining permission in writing from the
Contractor and then only subject to the provisions of this Agreement. Any reorganization, merger, sale of
an ownership interest in the Subcontractor by any shareholder, member or partner of the Subcontractor, or
any act of insolvency or bankruptcy, or any general assignment for the benefrtof creditors, shall be deemed
an assignment within the meaning of this paragraph. Any such assignment may, at the option of the
Contractor, terminate this Agreement
21.4. California Law to ApRl_v. 'the laws of die State of California shall govern as to the interpretation, validity
and effect of this Agreement It is hereby expressly understood and agreed between the parties that in the
event a dispute should arise as to the performance of the obligations of the parties. pursuant to this
Agreement, the parties will resolve any such dispute in the State of California in the manner set forth in
Attachment 1; accept service of process ou Wde of the State of California with the same force and effect as
if it had been served within the State of California; and agree that the courts of California and the mediators
and arbitrators specified in Attachment 1 have personal jurisdiction over the parties in connection with this
Agreement
21.5. Sucressors. This Agreement shall inure to the benefit of; and be binding upon, the heirs, executors,
administrators and successors of the parties hereto and,the assigns of Contractor.
21.6. Ca 'on Captions of the Articles and Sections of this Agreement are for convenience and reference only,
and the words therein shall in no way be held to explain, modify, amplify, or aid in the interpretation,
construction or meaning of the provisions of this Agreement
21.7. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be
delivered or sent, as the case may be, by any of the following methods: (i) personal delivery; (ir) overnight
commercial carrier or delivery service; (iii) registered or certified mail (with postage prepaid and return
receipt requested); or, (iv) telecopy/fax followed within three (3) days by an original by regular first class
mail with postage prepaid.. Notice of change of address shall be given by written notice in the manner
detailed in this section.
Notices shall be given at the following addresses:
If to Contractor. 'tans West Housing, Inc.
10721 Treena Street, Suite 200
San Diego, CA 92131
Attention: Robert K. Haig
Telecopier. 858-653-3001
If to Subcontractor. A. Flores Excavating & Grading, Inc.
P.O. Box 1036
La Quinta, CA 92247
Telecopier. 760398-1697
21.8. Entire Agreement The Contract Documents and any exhibits, attachments, riders, addenda or amendments
hereto contain the entire agreement between the. parties. No subsequent alteration, amendment, change or
addition to this Agreement shall be binding on the Contractor unless reduced to writing and signed by the
Contractor.
21.9. Severability. If any portion of the Contract Documents shall be held by a court of competent jurisdiction to
be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the
fullest extent permitted by law if enforcement would not frustrate the overall intent of the parties ((as such
l�•. EXMITA TWH:
TIAL PAGE 9 IMT AL
[rev 09-20-07)
Project Saddle Gub @ Griffin Ranch
Coraract#: 36-3611
intent ismanifested by all provisions of the Contract Documents, including such invalid, void, or otherwise
unenforceable portion).
21.10. Counterparts. The Contract Documents may be signed in multiple counterparts with the same, force and
effect as if all original signatures appeared on one copy; and in the eventthe Contract Documents are signed
in counterparts, each counterpart shall be deemed an original and all of the counterparts together shall be
deemed to be one agreement.
LEI EPA E 1 Twit.
wy
NMAL PAGE 0 �
[rev 09-20-071
Project Saddle Club ® Griffin Ranch
Contract#: 36.3611
i
EXHIBIT B.
INSURANCE REQUIREMENTS i
for - I.
SUBCONTR9CTORSAND SUPPLIERS 1
Prior to entering into a colttrad with the Contractor, Subcontractor or supplier whose. work includes being on the Project must
submit proof of the insurance specifications detailed below:
Commercial General Liabllkv:
c
a) Type of Co►rrage (Mist be listed in Certificate):
(Mandatory) Occurrence ! .
Owner's and Contractor's Protective
(must be stand alone dedicated to this project)
Contractual '
Produds/Compleied Operations
Broad Form Property Damage
(For Applicable Trades)
Explosion, Collapse and Underground Hazard
b) Lhnft. $2,000,000 General Aggregate
$2,000,000 Products - Completed Operations Aggregate
$1,000,000 Personal & Advertising Injury
$1,000,000 Each Occurrence
c) Addttiond hayed (must read exactly as follows):
TRANS WEST HOUSING, INC.
MCCOMIC CONSOLIDATED, INC.
GRIFFIN SADDLECLUB, LLC
NOTE.- Additional parties may be added
d) DedudSk (must read as follows underDescrfprion of Operatiom)t I
"Ibis Certificate applies to all operations of the insured on behalf of the certificate holder
(and all jobsite products). Certificate holder and 'all others required by the contract i s
documents are he named additional insured per Form B (CG 20 10 10/93 attached) or
(its equivalent. waiver of subrogation on workers' comp included"
i
In additi)n, Form B of either (CG 20 10 10/93) or its equivalent -must be attached to
Certificate.
e) Subcontractor agrees to maintain the above insurance for the benefit of Contractor, Owner and those named
in Section C of Additional Insureds (see above) for a period of ten years, or the expiration of the Statute of
Limitations pursuant to Code of Civil Procedure, Section 337.15, whichever is later.
Automobile Liability:
a) AM Owned or Scheduled Away: This includes all company owned vehicles as well as specified company
owned vehicles coveted by this particular policy. If a company does not own any vehicles and their policy
does not include this coverage, the subcontractor must provide a letter on his letterhead explaining this situation
and guaranteeing that he will not bring such vehicles onto the site in the future without first securing the
additional insurance coverage.
b) Red Autos This includes company leases and/or temporary rental vehicles.. The same procedure as
described above under "Owned or Scheduled" autos should be followed if the company does not use hived
vehicles.
i
c) Non -Owned Auto: This covers employee owned, -leased, or -rented autos which may be brought onto the
site. Personal auto insurance policies are not acceptable in lieu of a business auto policy given that the limits
are usually significantly less than $1,000,000 and because monitoring such policies is not reasonable.
d) Any Auto: The designation "Any Auto" would include all of the above conditions and is the simplest and
preferable way to meet all of the auto coverage requirements des_cnbed above.
e) Lbnft: $1,000,000 Combined Single Limit
rr• r ' MEW B T wx
INITIAL PAGE 1 SAL
(rev 09-20-07]
Project Saddle Club ® Oriffin Ranch
Conhad N: 36-3611
Workers' Compensation:
a) Stawory Lbn&. Workers' Compensation policies do not have limits but are "Statutory". Therefore the
important items required on the certificate are: 1) the policy mrmber, 2) the effective and expiration dates, and
3) the certificate holders.
b) Employers' Lfabffity. $1,000,000 Each Accident
$1,000,000 Disease - Policy Limit
$1,000,000 Disease - Each Employee
c) Wah- ofSubrogadon (for applicable trades)
Professional Liability:
In addition to the above requirements, all professional consultants are required to carry Professional Liability Insurance.
This insurance should be maintained in force until expiration of the applicable statue of limitations for claims related to
design defects for the project.
a) Lbnita: $1,000,000 Each Claim
$1,000,000 Aggregate
b) Deducdbfe. $10,000 ,
DETAILS OF INSURANCE REQUIREMENTS
A. Subcontractor shall obtain and maintain the following:
Workers' Compensation Ltsmance complying with applicable State and Federal Statutes.
2. Employer's Liability Insurance of not less than $1 million each accident; $1 million bodily injury each
employee; and, $ I million policy limit for bodily injury by disease.
3. Commercial General Liability Insurance providing coverage on an occurrence basis with a maximum
deductible amount of $5,000 per occuretm and Subcontractor shall assume any and/or all' of the deductible,
and with limits of not less than $1 million each occurrence f� bodily injury and property damage liability
combined, $2 million annual general aggregate, and $2,million products and completed operations annual
aggregate and including:
a Premises and Operations Liability coverage.
b. Owners and Contractor Protective Liability coverage.
a Products and Completed operations Liability coverage.
d. Broad Form Property Damage Liability coverage including Complete Operations.
e. Blanket Contractual Liability coverage including, to the maximum extent possible, coverage for the
indemnification of owner and Contractor contained in this Subcontract and the obligations under the
subcontracts, including the indemnification provisions contained therein.
£ Deletion of any limitations relating to liability arising out of explosion, collapse or underground
hazards.
g. Personal and Advertising Injury Liability coverage with no limitations on coverage for contractual
assumptions or employment -related offenses.
h. Deletion of any limitation on contractual liability or other coverage for operations within fifty (50)
feet of a railroad property.
L A provision that the insurance company has a duty to defend all insureds under the policy and a
Provision that defence costs are paid in addition to and do not deplete any of the policy limits.
j. A provision that the annual general aggregate and products and completed operations annual
aggregate apply separately to each project for which Subcontractor provides services away from
premises owned by or rented to. Subcontractor.
4. Automobile Liability Insurance with limits of at least $1 million each occurrence for bodily injury and property
damage liability combined and insnuing liability arising out of the ownership, maintenance or use of any
owned, hired or non -owned vehicles.
5. Aircraft and/or Watercraft Bodily Injury and Property Damage Liability Insurance if Subcontractor uses or
intends to use owned or non -owned watmunft and/or aircraft in its operations, with limits of not less than $2
million per occurrence for bodily injury and property damage liability combined.
B. Each policy of insurance carried pursuant to this Agreement shall:
1. Be issued by an insurance company licensed to do business in California, with a rating classiScation of "A" or
better and a financial size category rating of "VH" or better according to the latest addition of the A.M. Best
Company Key Rating Guide and acceptable to Contractor and Owner.
2. State that such policy is primary and non-contributory with any insurance carried by Owner or Contractor.
rr r` EXHIBIT Tyyx
IN177AL PAGE 2 R4MAL.
[rev 09-20-M
Project Saddle Club @ Griffin Ranch
Contract #: 36-3611
3. Be maintained in force from the date construction commences until final completion of the improvements. In
addition, the Commercial General Liability Insurance coverage shall be maintained in force after completion of
the improvements until expiration of the applicable statute of limitations for claims related to latent defects and
construction improvements fbr real estate.
4. Be otherwise satisfactory to Contractor and Owner:
C. Any insurence required to be maintained by Subcontractor pursuant to this Agreement may be made part of a blanket
Policy of insurance, so long as such blanket policy contains all of the provisions required pursuant to this Agreement and
does not reduce the coverage, impair the rights of Contractor, Owner or is affiliates as contemplated in this Agreement,
or, in any way fail to fiilfill all of the requirements ad forth in this Agreement.
D. All policies of insurance required to be maintained by Subcontractor pursuant to this Agreement, with the exception of
Workers' Compensation, Employer's Liability and Automobile Liability policies, shall name Contractor, Owner, any
general or limited partners of Owner and their partners, any governmental entity requesting coverage and any third -party
lenders as additional insured using Lisnuance Services Offices Form B (CG 20 10 10/93) or its equivalent Owner and
any general or limited partners of Owner and its partners shall be provided the same extent of coverage as provided to
Subcontractor All endorsema is effecting such additional insured status shall be acceptable to Owner and Contactor.
Iw Prior to the execution of this Agreement, Subcontractor shall have furnished to Owner and Contractor either: (a) the
original or a certified copy of each insurance policy required to be in force upon the commencement of this
Agreement, bearing notations evidencing the payment of premiums and an endorsement showing the required
additional insureds and providing that the policy shall not be canceled without thirty (30) days prior written notice to
Subcontractor, Contractor and Owner, or (b) a certificate of insurance accompanied by an endorsement showing the
required additional insureds satisfactory to Owner and Contractor in substance and form, certifying the issuance and
effectiveness of such policy in the amount of coverage afforded thereby and certifying that the policy shall not be
canceled without thirty (30) days prior written notice.. Not less than ten (10) days prior to the expiration of the
insurance required to be maintained by Subcontractor, Subcontractor shall provide to Ownerand Contractor written
evidence of renewal of the insurance. Notwithstanding the requirements of this paragraph, at Owner's request
Subcontractor shall provide to Owner a certified copy of each insurance policy required to be in force at any time.
pursuant to the requirements of this Agreement, its exhibits or attachments. No payments shall be made to
Subcontractor if: any of the following occurs a) the insurance certificates are incorrect in any manner; b)
Subcontractor fails to obtain insurance policies; or c) in the event that any insurance policy that was
evidenced by a previously delivered certiticate expires or is cancelled for any reason, and Subcontractor fails
to provide new certificates-
.
F. • Subcontractor for itself and to the extent legally possible to do so, on behalf of it insurers, hereby waives. and releases
Owner and Contractor from any liability for any loss or damage or loss of property located upon the Project, which loss
or damage is of the type covered by the insurance required to be maintained by it hereunder, irrespective. of any
negligence on the part of Owner or Contractor which may have contributed to or caused such loss. Subcontractor shall
obtain a waiver of any right of subrogation which its insurers may acquire against Owner or Contactor by virtue of the
payment of any such loss covered by such insurance.
G. NOTWITIISPANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WAIVER OF ANY
INSURANCE REQUIREMENTS SPECIFIED IN THIS EXHIBIT INCLUDING REDUCTION IN THE
AMOUNT OR EXTENT OF INSURANCE COVERAGE, MAY ONLY BE OBTAINED UPON WRITTEN
AUTHORIZATION OF OWNER
EPAGE3B Tµ AC_
AL 1 PAGB3
C
[rev 09.20-071
A.
EXHIBIT "C"
SCOPE OF WORK
DEMOLITION & ROUGH GRADING
SADDLE CLUB ® GRIFFIN RANCH
All work performed by Site Concepts, Inc., from here forth known as Subcontractor, under this contras,
shall comply with all specifications and requirements of the CITY OF LA QUINTA and all governmental
agencies having jurisdiction thereof and TRANS WEST HOUSING, INC., and their assigns.
B. This contract specifically includes, but is not limited to the following items of work all of which are
included in the contract amount prices established in EX M Brr D herewith; all of the following, unless '•
noted otherwise, include labor, material, equipment installation, supervision and all applicable taxes, fees, �.
insurance, all Federal, State and local governing agency requirements by these agencies which will
supersede and be stringent to this Scope of Work, excess Federal, State personnel wage requirements.
1. Subcontractor will famish all labor, materials and equipment for demolition and rough grading
and related work pertaining to the Saddle Club area in accordance with the Precise Grading plans
by MSA Consulting and soils recommendations by Sladden Engineering. j
2. Subcontractor agrees to complete all Demolition and Rough Grading operations, meeting all
requirements of plans, soils reports, codes and specifications and per all applicable inspecting
agencies and including, but not limite4 to the following: all move -ins; pre -watering; site
preparation, street, sidewalks and choker undercuts;
, ; site access cuts; and miscellaneous work required to complete work
Contractor is to furnish Grading Permits as required by the CITY OF LA QUINTA. Any fee
required for permit to be paid by Contractor. It is understood that Subcontractor retains all the
expertise in his field of work and has a professional understanding of the work required to .
complete project. This is a lump sum "tam key" contract; thus, there will be no extras to this
contran�
3. Plans and specifications are complimentary with all governing codes, and any omissions from
plans and specifications shall not relieve this Subcontractor from the responsibility for fiunishing
all operations required by applicable governing bodies, or usually furnished, made, or installed in
a project of the scope and general character indicated by the plans and specifications.
4. The Subcontractor shall review all layout dimensions between various plans, details, and will
contract and work close cooperation with the other trades whose work is dependent or associated
with his scope of work to eliminate construction errors and ensure harmonious continuation of job
progress. Construction errors resulting from lack of contact or cooperation of created by this
Subcontractor or by party creating said error, shall be remedied at no cost to the Contractor.
All engineering and staking shall be at. the expense of Contractor.. Subcontractor shall pay for
resmking required due to the carelessness of the, put of this Subcontractor, as a result of stakes lost
due to Subcontractor's failure to perform, or any additional staking required due to Subcontractor
displacement of stakes, or wrongly placed by Subcontractor instruction. One set of rough grade
stakes, including slope stakes, and daylight points as required and one set finished stakes per lot
will be provided by Contractor. Each stage of staking will be provided once, any additional stakes
or restaking will be at the expense of the Subcontractor. It is the responsibility of this
Subcontractor to schedule staking with Contractor's representative (engineer), within 48 hours to
reschedule, and any backcharges to be notified in writing within 48 hours prior to resmking.
Contractor agrees and will provide all drinking water and temporary toilet facilities. Contractor
will provide all water supply for grading operation and will obtain the proper construction meter
from the Coachella Valley Water District. Subcontractor to provide all filing apparatus and
transportation equipment including highline if required from meter to storage tank or standpipe
(on project). Cost for above mentioned items are included in contract cosst% except actual water
cost which will be paid by Contractor. Water bills to be forwarded to Contractor for payment.
Contract includes, but is not limited to all listed items: Mobilization, Pre -Water, Dust Control,
Tree Removal, Concrete and Concrete Pipe Removal, Over -excavation, Bankcut, Rough & Finish
Grading for main drive areas sub grade, Dirt Haul. Contract excludes soil testing, engineering,
inspections, permit fees, construction water costs, utility removal, structural excavation, backfill.
Owner to provide sufficient source of construction water at construction site to use for all
construction and pre -watering. This contract includes all dust control in the areas of operation;
Contract is for a balanced job, No import or export of material; Contract includes all dust control
measures per PM10 plan and AQMD requirements. Retention to be paid 30 days after completion
of this subcontractor's work; All traffic control and sweeper provided by this subcontractor.
8. Mobilization shall include all labor and equipment to transport all grading equipment, supplies and
safety personnel. Subcontractor to provide all necessary transportation permits, fees and
emergency vehicles, traffic control personnel, detour equipment and supplier, per State, local laws
and codes to transport equipment.
Initial Initial
i
9. Subcontractor agrees and understands that he will provide and deploy maximum number/type of
grading equipment and manpower at all times during his scope of work, including providing fuel
and maintenance service and all equipment during all grading and related work through
completion. If, because of failure to provide adequate equipment or manpower, or to perform to
an agreed production schedule with Contractor, this Subcontractor shall be in default of this
Contract Production Schedule will be an Exhibit to this contract.
10. Subcontractor is required to notify and locate any present underground utilities and will be
responsible for any damage of any underground utt'lities caused by his grading operation.
Subcontractor is aware that existing active power line is located where grading operations will
occur. Subcontractor will take special care to prevent damage to these utilities.
11. This Subcontractor shall at all times enforce strict discipline and good order among his employees
and shall not employ on the project any unfit person or anyone not skilled in the task assigned to
him. Subcontractor agrees and understands that he will strictly abide by rules and regulations set
forth by TRANS WEST HOUSING, INC. as follows:
a) No alcohol or drugs (any substance abuse material) wiU be allowed on, or consumed
during working hours or at any time while on the project.
b) No animals will be allowed on the premises at any time.
c) No loud playing radios allowed on the job at any time.
Consuming of or bunging alcohol or drugs to this project will constitute immediate dismissal of
the Subcontractor from the project and cancellation of this contract
12. 'Prior to any commencement of work on this project, this Subcontractor agrees and will obtain and
maintain, at their sole cost, insurance policies covering Contractor's property for any purpose
pursuant to this Agreement See Attachment 3 regarding insurance requirements that accompanies
this contract
22. Prior to commencement of work, Subcontractor must supply the following:
a) Certificate of Insurance for all.required insurance and a copy of a valid and current
Contractor's license;
b) A completed W-9 form;
c) A list of principal suppliers of labor, services, equipment and materials. This list. shall
include the names, addresses and telephone numbers of all companies supplying rental of
all equipment to the job;
d) Home phone numbers of Subcontractor, Superintendent and Foreman;
e) Subcontractor shall schedule and attend a pre -job meeting with Coachella Valley Water
District prior to water line construction. Subcontractor has read and understood the Soils
Report and Addendum's prepared for the site. Subcontractor shall comply with all Soil
Report recommendations.
f) A list of all hazardous materials to be used on site, if any.
OSHA / MSDS / SWPPP
1. Hard Hats are required at all times. Subcontractor shall comply fully with all laws, orders,
citations, ndes, regulations, standards and statures with respect to substance abuse, occupational
health and safety, accident prevention, SWAP PRACTICES, safety equipment and practices
prescn'bed by Owner, Contractor, Federal, County, City and any other agency or body having
jurisdiction or cognizance over the work being performed.
2. Subcontractor shall indemnify, defend penalties, damages, liability, loss, costs, and expenses,
including attomey fees, arising from any alleged violation or infraction of the foregoing by
subcontractor, its agents, employees or third parties.
3. It is a requirement that all subcontractors comply with Trans West Housing, Inc.'s safety policies .
and procedures. It is therefore mandatory that they know our policies prior to work starting on a
particular job. It is a Trans West Housing requirement teat all subcontractors participate in a pre -
job safety compliance meeting where the safety program for the site will be outlined and
communicated both orally and in writing. Safety audits will .be performed to monitor
subcontractor compliance to safety guidelines outlined
4. Subcontractor shall provide, copies of the Material Safety Data Sheets (MSDS) for those covered
products and substances that you have supplied to Trans West Housing, Inc., in accordance with
Initial Initial G�
the Federal OSHA Hazard Communication Standard (29 CFR 1910.1200) and the various State
"Right to Know" Acts.
Subcontractor shall comply with all applicable Federal, State, Regional, County and City laws
relating to storm water pollution and erosion control. Contractor has developed a Storm Water
Pollution Prevention Plan (SWPPP) for the Project in order to mitigate erosion and pollution
discharges and control sediment washout, with the SWPPP for the Project being posted at the
jobsite.
a. Subcontractor shall review the SWPPP for the Project prior to working on the Project
site. Further, Subcontractor shall immediately notify Contractor of any source pollutants
that Subcontractor intends to use on site that are not identified in the SWPPP, and shall
reduce or eliminate the discharge of pollutants and/or sediments into the storm water
system. In the event the SWPPP for the Project is not posted at the jobsite, Subcontractor
shall immediately notify Contractor.
b. Subcontractor acknowledges that periodic changes may be made to the SWPPP during
the.progress of the Project and Subcontractor shall be responsible for complying with the
most current version of the SWPPP during the progress of the Project and at any and all
times while Subcontractor is on the jobsite. Subcontractor shall use utmost care to
protect the SWPPP practices and procedures that have been implemented and shall
implement its own "best management practices" to control erosion and to prevent the
discharge of pollutants into storm drains. Subcontractor shall be responsible for assuring
that all of its agents, employees, subcontractors, and suppliers entering the Project site are
familiar with the SWPPP for the Project, are appropriately trained in the appropriate "best
management practices," and comply with the SWPPP and with all applicable laws and
regulations.
C. Subcontractor shall immediately notify Contractor if it observes and/or becomes aware of
any spill of any toxic material or pollutant on the Project site or any discharge in violation
of the SWPPP or if any of the SWPPP control measures are disturbed, whether by
Contractor, Subcontractor or by.a third party. Subcontractor shall retain all records
relating to the SWPPP and any and all violations of the same for a period of three years.
d. Subcontractor shall identify an individual on site that is responsible for inspecting the
Project site and assuring that Subcontractor's work and construction operations comply
with the requirements of the SWPPP and that Subcontractor is implementing its "best
management practices" in order to control pollution of storm water runoff and to prevent
erosion arising from its construction operations. Further, Subcontractor shall use its best
efforts to eliminate or reduce non -storm water discharges to storm sewer systems and
other discharge systems during its construction operations, and if requested by
Contractor, shall annually certify that its Work is being performed in compliance with the
requirements of the general permit and the SWPPP.
Subcontractor shall be responsible for payment of any and all penalties, fines or assessments levied
against the Contractor or the Project based on Subcontractor's failure to comply with the terms of the
SWPPP.
SUBCONTRACTO CONTRACTOR:
A. FLO C TIN ING, INC. TRANS WEST HOUSING,
By By:
� / (Q �+arglvimrager
Date: Date: 1//!t o
Contractors License No.:
Initial4ir, Initial
EXHIBIT I)
PRICE & PAY SHEET
Saddleclub @ Griffin Ranch
A. FLORES EXCAVATING & GRADING, INC.
CMT# 36-3611
DEMOTMON AWn ROUGH GRAnThjr.
0
Mobilization
l
EA
included
$0.00
$0.00
$0.00
Pro -Water
1
EA
included
$5,400.00
$4,860.00
$540.00
Dust Co."]
1
EA
included
$0.00
$0.00
$0.00
Tree Removal
1
EA
included
$24,200.00
$21,780.00
$2,420.00
Remove existing concrete
1
EA
included
$565.'00
$508.50
$56.50
Remove concrete pipe
1
EA
included
$2,810.00
$2,529.00
$281.00
Over -excavation
1
EA
included
$19,650.00
$17,685.00
$1,965.00
Bankout
1
EA
included
$22,983.00
$20,684.70
$2,298.30
Rough & fiish grade I
I
EA
included
$8 91.00
$7,461.901
$829.101
Haul excess dirt
1
EA
included
$0.00
$0.001
$0-00
Total Cost:
$83,899.00
$75,509.101
$8,389-90,
Note:
PLEASE ATTACH A COPY OF SCHEDULE WHEN SUBMITTING AN INVOICE
FOR PAYMENT INDICATING WHAT IS BEING B11.1 D
Initial
Initial
Project Saddle Club Q Griffin Ranch
Contract}✓; 36.3611
ATTACHMENT l
DISPUTE RESOLUTION
Pursuant to Section 20 of Exhibit A to the Subcontract Agreement ("Agreement') made by and between TRANS WEST
HOUSING, INC. ("Contractor') and A. Flores Excavating & Grading, Inc. ("Subcontractor") dated as of April 16, 2008 to
provide Work for the Project (as those terms are defined in the Agreement), Subcontractor and all sub -tier subcontractors to
Subcontractor are required to resolve disputes concerning the Project or the Agreement in which Owner (as that term is
defined in the Agreement) is made or becomes a party in the following manner.
1. Direct Negotiation The parties shall first attempt to resolve their disputes through good faith negotiation. In the event
that any party reasonably determines that a dispute exists, such party shall promptly notify the other party(ies) in writing
as to (i) the general nature of the dispute (ir) the dates and times within the ten (10) day period follo
wing the date of said i..
notice that such party's authorized representatives/agents are available to discuss settlement (the "Negotiation Notice').
2. Non-BWft Mediation In the event that the parties are unable to settle the dispute within ten (10) days of the meeting
held pursuant to the Negotiation Notice, the parties shall select a mediator from the list of approved mediator
maintained by Judicial Arbitration and Mediation Services ("JAMS'), the Superior Court of San Diego Cou►ity, or such
other mediator as the parties may agree. The parties shall cooperate with such mediator to schedule mediation at the
earliest feasible date and shall 1 with an reasonable conditions
comply Y Imposed on mediation by the mediator. The .
mediator's fee shall be divided equally among the parties.
3. Litigation/Arbitration If the parties cannot resolve their disputes through negotiation or mediation, then all such
disputes shall be litigated in a court of competent jurisdiction in the county in which the Project is located, and the '
parties hereby consent to the personal jurisdiction and venue of said court Notwithstanding the above, if Contractor and l
Owner mutually agree to submit a dispute to binding arbitration with JAMS, then Subcontractor agrees to join in such
arbitration and be bound. by the results. The costs of the arbitration, including any administration fee, the arbitrator's
fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration.
Attorneys' fees maybe awarded to the prevailing or most prevailing party at the discietion of the arbitrator. The
provisions of Sections 1292.6, 1283, and 1293.05 of the California Code of Civil Procedure apply to the arbitration.
The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to
grant any remedy which is either prohibited by the terms of this Agreement or not available in a court of law. In the
absence of agreement between the Cmtractor and Owner, Owner shall goj be required to enter into any arbitration
proceeding, and Subcontractor agrees to waive any arbitration rights.in the event of any dispute involving Owner.
Each of the sub -tier subcontractor further agree to incorporate the terms of this Attachment 1 in any contract it enter into
with any party for this Project, so as to bind such party to these dispute resolution terms.. t:
i
ATfAcHmEwr1
[rev 09-20-07]
Project Saddle Club ® Oriffin Ranch
Contract#: 36.3611
ATTACHMENT 2
INDEMNIFICA'1 OOt]
Pursuant to Section 12 of Exhibit A to the Subcontract Agreement ("Agreement") made by and between TRANS WEST
HOUSING, INC. ("Contractor') and A. Flores Excavating & Grading, Inc. ("Subcontractor') dated as of April 16, 2008 to
provide Work for the Project (as those terms are defined in the Agreement), Subcontractor and all sub -tier subcontractors to
Subcontractor ("Indemnifying Parties") are required to provide an indemnification to Contractor and Owner (as that term is
defined in the Agreement) in the form shown below.
The parties acknowledge and agree that (a) performance of the Work and consttuction of the Project, hike every other
construction project, have inherent risks which cannot be entirely avoided, even with the exercise of the highest degree of
care, such risks including the. possibility of substantial damages to property or injury to persons; (b) it is their intent, as set
forth in the Agreement in general and this Attachment in particular, to allocate such risks, and the responsibility and costs for
defending against claims arising from all such risks, between the parties; and (c) such allocation may or may not be the same
as would result from applicable law in the absence of such allocation.
Therefore, notwithstanding any other provision in the Agreement, to the fullest extent permitted by law, Indenrnifying Parties
shall defend, indemnify and hold harmless the Contractor and Owner, and the partners, managers, members, employees,
officers, directors, shareholders, joint venturers, affiliates and agents of each of them ("Indemnified Parties"), from all
claims, liabilities, causes of action, costs, losses, damages (including but not limited to the reasonable value of repairing the
work of Indemnifying Parties, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost of
repairing and rectifying any damages resulting from the failure of the Work to meet building standards, codes or industry
standard, the reasonable cost of removing and replacing any improper repair by the Indemnifying Parties, reasonable
relocation and storage expenses, lost business income if the Project includes homes used as a principal place of a business
licensed Po be operated from the homes), expenses (including reasonable investigative costs and all other costs or fees
recoverable by this Agreement or by statute) and judgments (including attorneys' fees and expert witness fees) arising in any
way out of the Work or Indemnifying Parties' performance or breach of its obligations under the Contract Documents,
including any such claims arising from designs prepared by or obtained by Indemnifying Parties (collectively, "Claims").
Indemnifying Parties' obligations as stated above shall apply regardless of fault or negligence,active or passive, on the part of
Indemnifying Parties or its sub -tier subcontractors, and regardless of fault on the part of any Indemnified Party, it being the
intent of this Agreement that Indemnifying Parties' indemnity obligations be interpreted in the broadest possible manner,
provided that, as to any Indemnified Party and to the extent mandated by California Civil Code Sections 2792 through 2784,
Indemnifying Parties' obligations to indemnify (a) shall not be applicable to injury, death or damage to property arising from
the sole negligence or sole willful misconduct of the Contractor or of agents, servants or independent contractors who are
directly responsible to the Contractor ("Related Pasties") or for defects of design provided by Related Parties; but provided
further that the foregoing limitations shall not apply to any insurance required by the Contract Documents, and (b) shall be
unenforceable with respect to Claims for construction defects to the extent the Claims arise out of pertain to, or relate to the
negligence of Owner or Contractor (if Contractor is determined to be a "builder" for purposes of Civil Code Section 2782(c))
or their respective Related Parties, or for defects in design furnished by those persons, or to the extent the Claims do not arise
out of, pertain to, or relate to the Work
Any Indemnified Party may elect by notice to Indemnifying Parties to have Indemnifying Parties defend against, any such
claim by counsel acceptable to such Indemnified Party or may elect to defend such claim itself in which case Indemnifying
Parties shall pay the costs of such defense within five (5) business days' receipt of itemized invoices therefor. In either case,
with respect to Claims subject to Civil Code Section 2782(c), the final resolution of such Claims shall include an allocation of
such defense costs to'the extent required by such statute.
California Civil Code Title 7 (SB 800) Compliance: In addition to complying with any other requirements under any
Contract Document, Subcontractor's Work (including any sub -tier subcontractor's work) shall strictly comply with all
standards specified in California Civil Code §§895, et seq., as amended from time to time. Further, Subcontractor and/or any
sub -tier subcontractor shall comply with and satisfy, and shall provide reasonable cooperation to Contractor so as to permit
Contractor to comply with, California Civil Code § §895, et seq., as amended from time to time.
The provisions of this Attachment shall survive the completion of the Work or termination of the Agreement.
ATrACHMENr 2'
Twit
DMAL
[rev 09-20-07]