7152See below for Finance Revenue Codes
`SOFT
ENCROACHMENT PERMIT
PUBLIC WORKS CONSTRUCTION
COMPLETED
AT -RISK PERMIT
For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains and other like public
works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS.
Subdivision Improvement Permit - Class III
Minor Improvement Permit Class IV
DATE:July 30, 2007
LOCATION OF CONSTRUCTION (Street address or Description): Malaga @ Coral Mountain TM 33597; Avenue 60 and Madison Street
PURPOSE OF CONSTRUCTION: At -Risk Rough Grading Permit
DESCRIPTION OF CONSTRUCTION: PSN 0 7/ 3-7
DIMENSION OFINSTALLATION OR REMOVAL: 22.5 acres
APPROXIMATE TIME WHEN WORK WILL BEGIN:July 31, 2007 TIME OF COMPLETION:Sept. 3, 2007 ,
ESTIMATED CONSTRUCTION COST: $1,012,294 (Including removal. of all obstruction, materials, and debris, backfilling,
compaction and placing permanent resurfacing and/or replacing improvements)
COMMENTS: At risk permit
In consideration of the granting of this permit, the applicant hereby agrees to
Indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any
and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or
property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application.
Notify the Administrative Authority'at least twenty-four (24) hours in advance of the time when work will be started at (760) 777-
7015.
Comply with all applicable City Ordinances, the terms and conditions of the permit and all aY6 ica a rules and regulations of the City
of La Quinta and to pay for any additional replacement necessary as the result of this work.
RT Homes, LLC - Wes George
Name of Applicant (please print)
Business Address
La Quinta, CA 92253. `--
or Agent
i 771-8890 408-8885
Telephone No.
Yankaskas Construction P.O. Box 2876 Indio, CA 92202 (760) 775-8929
Name of Contractor and Job Foreman Business Address Telephone No.
778672
Contractor's License No.
Everest Indemnity & Insurance Co.
Applicant's Insurance Company
FEES: Subdivision Improvement Permit -
inor Improvement Permit - Class IV
Finance Revenue Code
Inspection Fee EE=1
Permit Fee E=1
As -Built Deposit E=A
Cash Deposit -Surety Bond, E_B
if required
TOTAL
$ 30, 250
$100
$1,000
$0
$31,350
City Business License No.
Policv Number
�Qo, l>�',. Public improvements: 3% of estimated construction costs
`.,G``: Private improvements: 3% of estimated construction costs
See attached schedule
PERMIT NO.7 1 52 =
DATE APPROVED:yr*u,0- /y 2m7
EXPIRATI N DATE: &4 S fu ?�JO,:F
BY:
Administrative Authority
i
1 4
P
;? City of La Quinta
The following General and Special Provisions are attached to and made a part of
Permit Number 7152
The following shall always apply:
ENCROACHMENT ON PRIVATE PROPERTY: This permit authorizes work to be accomplished within the City of La Quinta's right of way
ONLY. Whenever construction extends within private property, it is the responsibility of the permittee for his contractors to secure permission
from abutting property owners. Such authorization must be secured by the permittee prior to starting work.
TRACK -LAYING CONSTRUCTION EQUIPMENT: Cleated track -laying construction equipment shall not be permitted to operate on any paved
surface unless fitted with smoother -faced street pads. All mechanical outriggers shall be fitted with rubber street shoes to protect the paving
during excavations. Rubber -tired equipment only shall be used in backfill operation in paved areas. If the existing pavement is scarred, spalled,
or broken. during the term of this contract or if the pavement is marred, City of La Quinta shall request that these portions of road be resurfaced
over their entire width. Resurfacing shall consist of one coat of two inches (2") of A.C. surfacing plus appropriate seal coat as specified above.
PROTECTION OF TRAFFIC: All excavations and work areas shall be properly lighted and barricaded as deemed necessary by the City
Engineer or City of La Quinta Public Works Inspectors. Suitable detours and detour signs shall be placed and maintained for the duration of the
project. The City shall be notified twenty-four hours (24) in advance of any traffic detours or delineation.
CARE OF DRAINAGE STRUCTURES: Any drainage structure to, include corrugated metal pipe, concrete pipe, steel culvert and concrete
structures encountered during excavation which necessitate removal shall be replaced in kind. In the event it becomes necessary to remove or
cut existing drainage structures, City of La Quinta shall be notified prior to commencement of this work. Drainage structures and open drains
shall be kept free of debris at all times for proper drainage.
RIGHT-OF-WAY CLEANUP: Any surplus material resulting from excavation and backfill operations shall be removed from the right of way. All
paved surfaces shall be broomed clean of earth and other objectionable materials immediately after backfill and compaction. Existing gutter line
and drainage ditches shall be replaced to their original standard or better. All excess material shall be removed prior to paving. Water tanker
shall be used, as required, to sprinkle the job site to keep down dust conditions and shall be used immediately after backfill.
DE -WATER OPERTATIONS: If de -watering operations are required and pumps are forcing water on City of La Quinta roads, it shall be the
responsibility of the permittee (contractor) to control this water and to provide off-street barricades. when necessary.
CLOSING STREETS: No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limited access for
the adjoining property owners and emergency vehicles. In the event it is felt by'the permittee that he must close a street for any length of time,
permittee shall contact this office to obtain the necessary permission.
SPECIAL PROVISIONS
The following shall apply when indicated:
® R1 NOTIFICATION: Permittee shall be notified the City at (760) 777 - 7097 at least forty-eight hours (48) in advance of starting
construction.
® R2 UTILITY CLEARANCE: (Substructures) Prior to making any excavations within the City of La Quinta right-of-way authorized
by permit, the permittee shall contact all concerned utility companies relative to the location of existing substructures.
Damage to existing substructures resulting from operations conducted under this permit shall be the sole responsibility of the
permittee.
® R3 UTILITY CLEARANCE (Surface, Structures) No work shall be done under this permit until all utilities are clear of the
proposed work site. The permittee shall notify all concerned utility companies of the proposed work.
❑ R4 PAVEMENT WIDENING: Area between the proposed concrete gutter line and the existing road pavement shall be surfaced
with (" N/A ") inches of A.C. paving placed on ( " N/A ") inches of ( " N/A ") aggregate sub -base course having an
"R" value of not less than ( " N/A ") and in conformance with the City of La Quinta Road Improvement Standards and
Specifications, Ordinance #461.
® R5 PARKWAY GRADING: Area between the property line and top of the proposed concrete curb shall be graded to a slope of
one-fourth inch (%") to one foot (1').
❑ R6 GRADE CHECKING: City of La Quinta shall check grades upon receipt of plan and profile and/or grades as established by
a licensed engineer.
❑ R7 CURB REMOVAL FOR DRIVEWAYS: A portion of the existing concrete curb and/or curb and gutter (" N/A") feet shall
be removed. Curb and/or curb and gutter shall be saw cut prior to removal. Depressed curb, matching concrete gutter and
concrete driveway approach shall be constructed in conformance with City of La Quinta Standard #207.
❑ R8 DRIVEWAYS: A.C. driveways shall be constructed as not to alter existing drainage pattern. Surfacing between the property
line and the existing road paving shall be two and a half inches (2 %:") 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.
Citv of La Quinta
0 R11
COORDINATE WORK: The proposed work shall be subordinated to any operation, which the State of California or City of
La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La
Quinta forces to preclude delay or interference with State or City of La Quinta projects.
® 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 fumished 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 (5') lifts where trenches are of excessive depths. Care is to be exercised
that the backfill material is not subjected to extreme swell by flooding operations. Backfill material shall be placed so that the
resulting compaction shall not be less than ninety percent (90%) or equivalent to the surrounding ground, whichever is the
greater compaction. Where ponding or flooding is used for a maximum settlement, adequate dikes will be constructed to
retain the water. Where jetting is used, the jets shall be of sufficient length, to reach the bottom of each layer and the water
supply shall be continuos.
❑ R18
COMPACTION TESTS: If so required by the inspector, compaction test shall be made at intervals of not more than one -
thousand (1000') feet and a maximum of one (1) test on each road. One (1) copy of each test shall be forwarded tot the City
Engineer for approval and filed prior to making permanent repairs. Compaction tests shall be made as outlined in Section
6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973.
❑ R19
COMPACTION TESTS: If so required by the Inspector, compaction tests shall be made for each crossing or service line.
One (1) copy of each test shall be forwarded to the City Engineer for approval and filed prior to making permanent repairs.
Compaction tests shall be made as outlined in Sections 6.3.001 of the Standard Specifications, Division of Highways, State
of California, dated January 1973.
❑ R20
TEMPORARY PAVEMENT REPAIRS: After completion of backfill and compaction operations, a temporary patch consisting
of two inches (2") of SC-800 shall be placed on a prepared sub -grade. The SC-800 temporary paving shall be placed after
a maximum of three -thousand linear feet (3000') or trench has been excavated and backfill operations completed, but in no
case shall the placement of the temporary pavement exceed a five (5) day limit.
® R21
PERMANENT PAVEMENT REPAIR: After backfill and compaction have been completed, a temporary patch consisting of
two inches (2") of SC-800 shall be placed immediately. A permanent patch of ( 4 ) inches of A.0 surfacing placed on a ( 6 )
inch ( crushed ) aggregate base shall be placed no later than ( 5 ) days after completion of temporary road repair.
❑ R22
FOG SEAL: A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as
determined by the City Engineer.
® R23
STREET RESTRIPING: Where street striping is still visible on street to be excavated, such striping shall be replaced upon
completion of permanent repairs.
❑ R24
TREE RELOCATION OR REMOVAL: Tree relocation within the City of La Quinta road right-of-way shall be accomplished
by a licensed, bonded and insured tree service, and handled safely without interference or hazard to the traveling public. It
shall be the responsibility of the permitte to maintain the tree in a vigorous growing condition at its new location.
Trees to be removed shall be in sections, which can be handled safely without interference or hazard to highway traffic. The
entire width of the tree stump, shall be removed and disposed of so that no debris remains in view of the highway. The
stump hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where it becomes
necessary to restrict traffic, the work shall be restricted to a maximum of five -hundred feet (500') at any one time. Adequate
signs, flagmen and or barricades shall be provided to protect the traveling public at all times.
Large holes resulting from tree removal shall be backfilled and compacted 'to not less than ninety percent (90%) or
equivalent tot the surrounding ground, whichever is the greater compaction as determined by the impact or field method.
Compaction tests shall comply with Section 6.3.01 of the Standard Specifications, Division of Highways, State of California,
dated January 1973.
m
4
e4
PERMIT NO. 7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner
of Avenue 60 & Madison St.
In addition to the standard permit conditions, the following shall apply:
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 is "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. Items that are not yet approved that could substantially change the rough grade plan
design include, but are not limited to hydrology, street grades, pad grades, and liquefaction.
2. All existing irrigation line crossings shall be utilized exclusively during grading operations to the
satisfaction of Coachella Valley Water District (CVWD) and the City of La Quinta. Applicant bears
full responsibility for maintenance and protection of crossings and assumes full responsibility for any
damages to CVWD irrigation lines.
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.
4. This permit or copy of it shall be on the work site (usually the job trailer) for inspection during the
actual work performed.
5. At the time of issuing this permit, the Rough Grading and/or Precise Grading plan have not been
approved. Therefore, rough or precise grading is not permitted within this permit until these plans have
been approved by the City Engineer. Also, a preconstruction meeting with the Public Works
Construction Division must be completed and at the preconstruction meeting the City must give the
approval to begin construction according to the approved plans.
6. - RT Hughes Co., LLC (Sam Anziano) and Yankaskas Construction Inc., hereinafter referred to as
. "Permittee", shall be responsible for providing continuous dust and erosion control.
7. 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 l st to April 30: Monday -Friday 7:00 a.m. to 5:30 p.m.
Saturday U0 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.
Special Conditions
Page 1 of 6
PERMIT NO. 7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner
of Avenue 60 & Madison St.
Work shall be prohibited on legal holidays and Sundays.
Note: Construction work (including setting up traffic control devices) is not permitted on any Arterial
street (ie any 4 lane street) before 8:00 a.m.
9. 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.
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. Any -land on which Williamson Act contracts apply shall remain undisturbed.
12. Pursuant to Section 14.16.250 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
advance warning signs and traffic control shall be installed and maintained in accordance with Cal
Trans Standards or the Work Area Traffic Control Handbook (WATCH Manual). A traffic control
plan shall be prepared in accordance with the WATCH Manual and submitted to the City for
review and approval one (1) week prior to starting any construction. It shall be the Permittee's
responsibility to appropriately detour and barricade all construction sites.
Pursuant to Section 14..16.290 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
street closures shall not be permitted. A minimum of two (2) travel lanes of paved surface shall
be maintained at all times.
13. 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.
14. 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.
15. 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 lI at 777-7047 to determine the city inspector's
phone number.
Special Conditions
Page 2 of 6
i4
PERMIT NO.7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner of
Avenue 60 & Madison St. '
If the imported fill or overexcavated locations indicate to the inspector that inadequate soils exist based on
the criteria set forth in the Project Soils Report, Public Works Greenbook, or Uniform Building Code, the
Public Works inspector may halt grading operations until the inadequate soil has either been removed or
the Public Works Director authorizes grading to continue.
The above testing or observations does not relieve the permittee's responsibility for future repairs due to
settlement at and near the locations of the work area.
Prior to the city issuing a building permit, the permittee's Geotechnical Engineer of Record shall submit a
certified letter indicating that the grading has been completed per the approved plan. A compaction report
on all fill is required following pad certification and prior to building permit issuance.
16. This permit is not valid until the permittee submits, to the Public Works Department 2 weeks prior to start
of construction, the name of the City approved contractor, who shall submit to the City the following items:
a. General Liability Insurance Company and Policy Number
b. City Business License
c. Contractors State License Number
17. Prior to performing construction work and closing any lanes in the Public Right of Way, the permittee shall
call the City at (760) 777-7097 at least 48hrs prior to work and request an appointment for a
preconstruction meeting with the City Inspection staff.
IS. . 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.
19. 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.
20. If public traffic lanes are required to be closed, this permit is not valid until the permittee submits, to the
Public Works Department, an approved traffic control plan at least 2 weeks prior to start of construction or
parking on the paved R/W.
21. Pursuant to Section 14.16.370 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
backfill compaction within street rights -of -way shall conform with Section 306-1.3 of the latest edition
of the Standard Specifications For Public Works Construction (SSPWC), except as otherwise specified
herein.
Native material may be used as backfill material provided that minimum compaction, achieved in the
manner prescribed herein, is achieved. Backfill shall be performed by mechanical means; no water
densified compaction via jetting or flooding or other means shall be allowed. It shall be the Permittee's
responsibility to provide appropriate geotechnical supervision, testing, and inspection, onsite, at all
times during backfill operations.
Special Conditions
Page 3 of 6
4
PERMIT NO.7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner of
Avenue 60 & Madison St.
Backfill compaction shall be achieved by the following conditions:
A. When a firm foundation is not encountered due to soft, spongy or other unsuitable material, such
material shall be removed to the limits directed by the Geotechnical Inspector and/or the City
Inspector and the resulting excavation backfilled with pipe bedding material.
B. Backfill materials shall be brought to or maintained at appropriate moisture content for
compaction. The appropriate moisture content range shall be established at the onset of the
project and ensured prior to use of the materials through progress testing on the stockpiles.
C. The first length of trench backfilled shall be backfilled in the presence of the City Inspector.
Compaction shall be tested at random depths at approximate three-foot vertical intervals as
backfill is placed to ensure the effectiveness of the compaction methods and to establish the depth
of lift that can be compacted.
D. If lifts greater than one foot are attempted in this trial length of trench, compaction tests shall be
taken within the lifts to ensure that the full depth of the lift is compacted. Upon satisfactory
completion of this portion of trench, the City Inspector shall establish the maximum lift thickness
to be compacted for the remainder of the project.
E. In subsequent lengths of trench, the frequency of compaction tests shall equal one per each lift of
backfill, per 300 linear feet of open trench, at randomly selected locations within the open length
of trench.
F. .The depth of the randomly selected compaction tests shall also be randomly selected except that
where multiple tests are required in a given length of trench, the tests shall be no closer than three
feet (vertically) from each other.
G. If any compaction test fails, previously placed backfill (in the same length of open trench or
previous lengths of trench) which is represented by the failing test (as determined by the City
Inspector), shall be tested for compliance with compaction requirements.
H. All costs incurred due to the conditions above shall be borne by the Permittee. Copies of all test
results shall be furnished to the City Inspector.
22. 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.
Special Conditions
Page 4 of 6
PERMIT NO.7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner
of Avenue 60 & Madison St.
23. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its
original condition.
24. Access and egress to all local properties shall be maintained at all times.
25. Pursuant to Section 14.16.375 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
permanent pavement replacement shall be completed no later than seven (7) days after the completion
of the work. Permanent pavement replacement shall conform to the following conditions:
A. Existing asphalt concrete pavement shall be sawcut one (1) foot beyond trench edges. Edges shall
be straight and clean.
B. Permanent pavement replacement structural section, within all trenches, shall be 1" thicker than
existing of asphalt concrete over the same existing thickness of crushed aggregate base or crushed
miscellaneous base, meeting the requirements of Sections 200-2.2 and 200-2.4 of the Standard
Specifications for Public Works Construction. The replaced pavement and base material shall be
compacted to 95% relative compaction and respectively tested, for each 3001inear 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''/2" max medium finish course lift for
capping. Asphalt concrete mix design shall be approved by the City prior to its placement.
D. Cold -Mill and Overlay - The existing pavement which was properly protected in place during the
trenching operation located adjacent to the trench saw cut shall be cold -milled to a depth of 0.10
feet with butt joint created next to the existing unmilled pavement surface. The cold -milled area
and base asphalt concrete in the trench area shall be overlaid with a City approved C2-AR-4000
asphalt concrete mix. The width of the cold milling area shall be as follows:
For longitudinal trenches located in a parking lane: three (3) feet outside the sawcut
removal. lines.
For longitudinal trenches located in a traffic lane: three (3) feet outside the sawcut removal
lines, or to the lane line striping, whichever is greater.
For transverse trenches across existing street: two (2) feet outside the sawcut removal lines.
E. If grinding and capping operations are not performed in the same day as base paving operations,
the base course lift of V max medium asphalt concrete shall be installed from saw -cut edge to
saw -cut edge flush with the existing street surface. The base course lift of paving shall not be left
0.10' low in anticipation of grinding and capping.
Special Conditions Page 5 of 6
PERMIT NO.7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner
of Avenue 60 & Madison St.
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.
26. 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.
27. Pursuant to Chapter 12.56 of the La Quinta Municipal Code (Ordinance 10 § I (part), 1982) the City
has designated certain city streets as Truck Routes. The weight limit for restricted streets (i.e., streets
not part of the Truck Route 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.
28. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time.
29. 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.
30. If it is the intent of the permittee to cut the pavement and have it restored by a third party, the
permittee shall postpone cutting the pavement until the intended third party has acquired a permit from
the City to perform the. required restoration work.
Special Conditions Page 6 of 6
/1
. „ +
-I
ENCROACHMENT PERMIT
PUBLIC WORKS CONSTRUCTION
See below for Finance Revenue Codes
AT -RISK PERMIT -
For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains and other like public
works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS.
Subdivision Improvement Permit - Class III
Minor Improvement Permit Class IV
DATE:July 30, 2007
LOCATION OF CONSTRUCTION (Street address or Description): Malaga @ Coral Mountain TM 33597; Avenue 60 and Madison Street
PURPOSE OF CONSTRUCTION: At -Risk Rough Grading Permit
DESCRIPTION OF CONSTRUCTION: PSN 07/3-7
DIMENSION OFINSTALLATION OR REMOVAL: 22.5 acres
APPROXIMATE TIME WHEN WORK WILL BEGIN:July 31, 2007 TIME OF COMPLETION:Sept. 3, 2007
ESTIMATED CONSTRUCTION COST: $1,012,294 (Including removal of all obstruction, materials, and debris, backfilling,
compaction and placing permanent resurfacing and/or replacing improvements)
COMMENTS: At risk permit
In consideration of the granting of'this permit, the applicant hereby agrees to:
Indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any
and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or
property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application.
Notify the Administrative Authority at least twenty-four (24) hours in advance of the time when work will be started at (760) 777-
7075.
Comply with all applicable City Ordinances, the terms and conditions of the permit and all
of La Quinta and to pay for any additional replacement necessary as the result of this work.
RT Homes, LLC - Wes George 7
Name of Applicant (please print)
Business Address
rules and regulations of the City
Agent
Telephone No.
Yankaskas Construction P.O. Box 2876 Indio, CA 92202 (760) 775-8929
Name of Contractor and Job Foreman Business Address Telephone No.
778672
Contractor's License No.
Everest Indemnity & Insurance Co.
Applicant's Insurance Company
FEES: Subdivision I
inor Improvement Permit - Class IV
Finance Revenue Code
Inspection Fee E_1
Permit Fee E-1
As -Built Deposit E_A
Cash Deposit -Surety Bond, E_B
if required
TOTAL
City Business License No.
Policy Number
�QJ Public improvements: 3% of estimated construction costs
` improvements: 3% of estimated construction costs
0�F(�,7vP Private p '
gip,.%��/ See attached schedule
$30,250
$100
$1, 000
$0
$31,350
PERMIT NO.7 1 5 Z
DATE APPROVED: v 0- /0 2 O7
EXPIRATION DATE: to ZdO,F
BY:
Administrative Authority
T4hf 4 4QuWai
PUBLIC WORKS DEPARTMENT
APPLICATION FOR PERMIT
Date.— July 30, 2007
Tract No:
_ ��q .Project Name: Malaga Estates @ Coral Mo ntain
Vicinity: 60th Avenue & Madison
Purpose of Construction (Ex: Rough Grading, Offsite Street etc.) L9~ q����C
Rough Grading
Description of Construction (Ex: See Plan Set No. 01234)
Dimension of Installation or Removal: 22.5 acres
Approximate Construction Start Date: July 31, 2007
Approximate Construction Completion Date: _ September 3, 2007
Estimated Construction Cost: $ `$,2 5 0 , 0 0 0.0 0
Estimated Construction Cost shall include the removal of all obstructions, materials, and debris, back -filling, compaction and
placing permanent, resurfacing and or replacing improvements
Contact Name: Wes G e o rcf e Phone Number: 760 4 0 8- 8 8 8 5
Name of Applicant/owner: R .. T . Hughes Co., LLC Richard Hugh
Applicant Address: 78-90U Ave. 47, #200 La Quinta, CA
Applicant Telephone Number. 76 -BZTfG
Name of Contractor: Yankaskas Construction Inc.
Contractor Address: PO Box 2876 Indio, CA 92202-2876
Contractor Telephone Number: 760 7 7 5- 8 9 2 9
Contractor State License Number: 778672
Contractor City Business License Number: y�(�
A COPY OF THF. CURRENT INSURANCE CERTIFICATE MUST ICE PROVIDED -4
Applicant or Contractor General Liability Insurance Company:
LL T ., .. S errs, s T� , UeK65* �n
Applicant or Contractor General Liability Insurance Policy Number:
5800000425061
Office Use Only:
Inspection Fee:
r
�j 2O t 27 0
Pernut Fee:,✓O
D
As -Built
00
Deposit:
0
Dust Control
Deposit _
Credit
Amount: --___.�..._.._.
_. .
TOTAL FEE DUE: 3 I) 3 Sa
Office Use Only:
Assigned Permit Number: i 15-�
Approval Date: ( l
Expiration
Datc:
Issue
Date:
-Administrative-Authority:...
253
lil�lsvra n.cp
Client#: 639
ACORD. CERTIFICATE OF LIABILITY INSURANCE
oDATE 7/2a/7/24/M/OD/YYYY)
2007
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Desert Empire Insurance
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services, Inc. LIC # OF09643
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
77-564 Country Club Drive
Palm Desert, CA 92211
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A: Everest Indemnity Insurance
10851
kas Construction Inc
INSURERB: Nationwide Mutual Ins. Co
23787
PO Bo
PO Box 2876
INSURER C:
Indio, CA 92202-2876
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LT R
4DD'L
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDD
POLICY EXPIRATION
DATE (MM1DDfYYi
LIMITS
A
X
GENERAL LIABILITY
5800000425061
10/13/06
10/13/07
EACH OCCURRENCE
$1 000 000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$50 000
MED EXP (Any one person)
$$5 000
CLAIMS MADE 51OCCUR
X BI/PD Ded:25000
PERSONAL & ADV INJURY
$1 000 000
GENERAL AGGREGATE
s2,000,000
GE N'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$1 000 000
POLICY PRO-
JECT LOC
B
AUTOMOBILE
LIABILITY
ANY AUTO
ACP7802555444
02/11/07
02111 /08
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
X
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR ❑ CLAIMS MADE
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
WC STATU-"MIT OTH-
I
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - EA EMPLOYEE
$
OFFICERIMEMBER EXCLUDED?
It yes, describe under
E.L. DISEASE - POLICY LIMIT
1 $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Job: 60th and Madison in the City of La Quinta. Certificate holder is additionally
insured when written contract is in place per attached. Primary wording applies per
attached endorsement.
R. T. Hughes Co. LLC
78-900 Avenue 47 Ste 200
La Quinta, CA 92253
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1n DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001/08) 1 of 2 #S106974/M101094 2CMAR 0 ACORD CORPORATION 1988
sq -7
Grading Bond Amount Calculator
Enter the grading contract amount in the YELLOW
space provided below; the required BOND AMOUNT for
the Grading Bond will be automatically. calculated.
Grading Contract Amount 1 $1,051,4031
Bond Amount
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RT HUGHES, LLC. 90-704913222
78-900 AVENUE 47 SUITE 20'0
LA QUINTA, CA 92253-
760-77 1=8890 .:�- D=.O • ,,
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752 US HIGHWAY 111 L
LA QUINTA, CA 92253
F _ - 'AUTHORIZED SIGNATURE
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\ CRM TECH
4472 Orange Street
Riverside, CA 92501
September 29, 2006
Wes George
RT Hughes, LLC
78-900 Avenue 47, Suite 200
La Quinta, CA 92253
SCOPE OF WORK AND COST PROPOSAL
Archaeological and Paleontological Monitoring
The Malaga Estates at Coral Mountain Project; APN 766-110-016
Site CA-RIV-7205/H
In the City of La Quinta, Riverside. County, California
At the request of Wes George of RT Hughes, LLC ("Client"), CRM TECH is submitting this cost
.proposal and scope of work concerning archaeological and paleontological monitoring during
grading on the Malaga Estates at Coral Mountain project (APN 766-110-016). The project site.
.consists of approximately 21 acres and is located at the southwest corner of Avenue 60 and
Madison Street in the City of La Quinta, Riverside County, California. The monitoring is
required by the City of La Quinta (Lead Agency) and will be performed under provisions of the,
California Environmental Quality Act (CEQA; PRC §21000, et seq.).
Statement of Needs and Scope of Work
The City requires that.cultural and paleontological resources be properly protected. In order to
do so, CRM TECH proposes to accomplish the following tasks:
1. Review data on -file at CRM TECH's office regarding the geological formations and cultural
resources in the project area and vicinity;
2. Conduct a survey of the project area prior to any earth -disturbing activities to determine if
there are any archaeological or paleontological resources on the surface, to verify the
surface geology, to collect a sample of the freshwater mollusk remains from the surface of
the property, and to establish the archaeological sensitivity;
3. Provide on -site monitoring during clearing, over -excavation, grading, trertching and/or
other earth -moving operations as necessary; if cultural or paleontological resources are
encountered during this time, the archaeologist/ paleontologist shall have the power to
temporarily halt or divert work in that area until the finds are evaluated and recovered; it is
our understanding that only a few pads and the lake will require removals of native soils;
4. Identify, record, evaluate and collect artifacts, features, sites, fossils, and/or fossil -bearing
matrices discovered during monitoring, if any.;
5. Process soil samples and catalogue artifacts and/or fossils recovered during monitoring, if
any, and arrange for their permanent curation at an appropriate facility;
6. Consult with Native American representatives and/or local historical societies in the event
of significant archaeological findings;
7. Complete site record(s) or site record updates and submit them to the Eastern Information
Center if historical/archaeological materials are found;
8. Analyze and interpret the recovered materials and prepare final reports to document the
results of the procedures.
Tel: 951 784 3051 Fax: 951 784 2987 Cell: 909 376 7843
Cost Proposal
CRM TECH proposes to complete the tasks listed above at a flat rate of $60 per hour for the lead
archaeological/paleontological monitor and $45 per hour for additional personnel if needed.
As a rule of thumb, one monitor can cover six scrapers if they are working in the same area. If.
more than six scrapers are used, or if earthmoving equipment is working at separate locales,
additional monitors maybe needed. Hours beyond eight per day and/or forty per week will be
billed at an overtime rate of $85 per hour for the lead monitor and $65 per hour for additional
personnel. Also, in the event that work is halted or does not get started on a scheduled work
day, the Client will be billed a minimum of two (2) hours show=up time.
In addition to the time spent in the field :monitoring the earth -moving, time and effort are also
needed to process and catalogue all recovered artifacts,. fossils, or fossil -bearing matrices, if any
(item # 5, above), complete site records and/or site record updates if historical/archaeological
artifacts are found (item # 7, above); and analyze and interpret the data and prepare the final
reports (one presenting the archaeological findings and one presenting the paleontological
findings) for the project (item # 8, above). The extent of these efforts depends mostly on the
number and type of cultural and/or paleontological resources found during monitoring and
can not be predicted. However, the Client will be informed if any substantial resources are
recovered. All tasks performed by CRM TECH personnel will be billed at the $60.00 per hour
rate noted above. In addition, the Client will be billed cost plus 15% for any outside special
studies (carbon-14 dating, faunal analysis, etc.) that may have to be conducted. It is understood,
therefore, that the full amount of the archaeological/ paleontological monitoring program, as outlined
above, depends on the number of hours of monitoring earth -moving activities and the amount of time
needed to catalogue and analyze the finds, if any, and write the reports. At the end of the project, the
Client will be presented with the various options, and their costs, for curating any recovered
artifacts or fossils.
Note: if a buried archaeological or paleontological deposit is exposed during grading that
requires an extended mitigation effort, such an effort would require a new proposal for
mitigating the impacts to the resource, including a new scope of work and budget.
Also note that the rates quoted here include items such as.mileage, copies, photograph
processing, and administrative fees. While some fees, as noted above, may be added, typical
"reimbursable" expenses or indirect costs will not.
Estimated Not to Exceed Statement
The Client has indicated that he expects grading that impacts native soils to be completed in
approximately two (2) weeks (80 hours). Part of a day will be needed to collect shells and any
artifacts from the surface. Assuming that we only find a limited, or "medium," number of
artifacts and fossils during this time, we can make the following estimation of the cost of the
proposed monitoring program, based on the work being completed in two (2) weeks.
For A "Medium" Number of Findings:
One monitor for 84 hours @ $60 per hour (no overtime): $5,040.00
An additional monitor for 28 hours @ $45 per hour:` $1,260.00
Soil processing, artifact, and fossil preparation, cataloguing, and analysis: $2,540.00
Preparation of site record update: $1,400.00
Preparation of final reports (archaeological and paleontological): $3,860.00
Total (estimate) $14,100.00
To assist with the initial artifact and shell collection and site mapping and to deal with other finds
during the grading.
Magala Estates Archaeolf'aleoMonitoring
These numbers are estimates only. The full cost for the archaeological and paleontological
monitoring.programs, as outlined in the "Scope of Work" above, will depend on the number of
days of earth -moving and the amount and types offindings, if any. The Client will be informed
of all work as the project proceeds.
Payment Schedule
Invoices for services completed willbe submitted monthly_ Unpaid invoices will begin to accrue
1.5% interest after 45 days.
Project Schedule
A one -week notice prior to starting the rough grading would be appreciated, but no less than
two (2) days is required. Co-ordination of project schedules should be made with Michael
Hogan.in the CRM TECH office.
Agreement
If the Client agrees to the terms and conditions of this proposal, an authorized signature below
will constitute a contract and an agreement to proceed. Alternatively, this document can be
incorporated into a subconsultant agreement.
Submitted by:
Michael Hogan
CRM TECH
Agreed to:
Print name and title Signature Date
3 Magala Estates Archaeo/Paleo Monitoring
Torres Martinez Desert Cahuilla Ind
ians
deans
Tribal Cultural Resource Department
rre-Excavation Agreement
Malaga Estates at Coral Mountain
T 6S R 7E Section 33 San Bernardino Base Meridian
City of La Quinta
Riverside County, California
L PARTIES
The parties to this Agreement are the Torres Martinez Band of Desert Cahuilla
Indians Tribal Cultural Resources. Department (hereinafter collectively `Director")
and the property owners RT HuRhes Co LLC (hereinafter collectively "Owner").
II• SUBJECT MATTER
This Agreement concerns a project known as the Malaga Estates at Coral
Mountain project (hereinafter collectively "Project") which encompasses the
development of residential properties. The owner has an interest in only that portion of
the Project known as the Malagga Estates at Coral Mountain and this Agreement shall be
restricted to Owner's property and Owner's activities within the overall project. By
execution of this Agreement, Owner shall not assume any responsibility or liability outside
its ownership control.
The Riverside County Coroner Office will be provided a copy of this Agreement.
The City of La Ouinta Planning Departrment Riverside County Plannmg
Department, lead Agencies which is responsible for environmental compliance of this
Project, will also be provided a copy of this agreement.
Page -1-
III. PURPOSE
The purpose of this Agreement is to formalize procedures for the treatment of
Native American human remains, grave goods, ceremonial items, or any gct
other sinifian
or intact Native American cultural items, in the event that any are found in conjunction
with development of the Malaga Estates at Coral Mountain Project. This Agreementcan monitoring activities for the M
also formalizes procedures for Native American saga
Estates at Coral Mountain Project. This Agreement applies to all phases of the Project
development, including archaeological studies, investigations and data recovery, geological
studies and investigation, excavation, grading, and any other ground -disturbing activity at
the Project.
This Agreement is entered into in furtherance of protection of Native American
cultural resources, consistent with the California Environmental Quality Act 9"CEQA").
This Agreement is effective as of the date of signatures below.
IV CULTURAL AFFILIATION
The Tribe believes in good faith that the Project area consists of land which has
been traced to and traditionally occupied by the Tribe. Any Native American human
remains which are found in conjunction with the development of this Project shall be
treated in accordance with SECTION VIII of this Agreement. Any cultural items found
shall be treated in accordance with SECTION IX of this Agreement. Nothing herein,
however, shall be the basis for a claim of ownership of the real property, as distinguished
from Native American human remains and cultural resources.
V. PROTECTION OF SITES AND PROJECT AREA
The Owner agrees that grading. Excavation, and other Project construction and
ground -disturbing activities will be planned in such a manor as to disturb as little of
significant sites as feasible, consistent with Project approvals. The parties acknowledge
that Project approvals require other interests such as endangered and protected species
protections which must be accommodated as well. Such planning would also include
staging and storage of construction equipment in areas other than those within the
boundaries of a significant site.
Page -2-
VI. MOST LIKELY DESCENDENT
In the event that Native American human remains are found during development of
this Project, it is understood by all parties to this agreement that the determination of Most
Likely Descendent ("MLD") under California Public Resources Code § 5097.98, and
will be made by the Native American Heritage Commission ("NAHC"), upon notification
on the discovery of human remains of Native American origin at the Project site. Until that
time, neither the Tribe nor the Owner guarantees that the Tribe, or one of their members,
will be so named.
The Tribe believes that, when and if such human remains are discovered in the
Project site, given the location of the site and the history and pre -history of the area a
member of the Torres Martinez Desert Cahuilla Indians Tribe will be named MLD. It has
been agreed by the Tribe, and will be relayed by the Tribe to the NAHC, that, if designated
by the NAHC, Ernest Moreo will serve as MLD.
Should it be determined by the NAHC that a member of an Indian Tribe other than
the Torres Martinez Desert Cahuilla Indians Tribe is the MLD, the provisions of this
Agreement relating to the treatment of Native American Human Remains shall be null and
void in their entirety; however, in such an event, the provisions of Addendum 1 to this
agreement, which is fully servable, shall continue in null force and effect.
VII. COORDINATION WITH THE COUNTY CORONER OFFICE
The owner shall immediately contact the County Coroner, the Torres Martinez
Desert Cahuilla Indians Tribal Cultural Resource Director, and the City of La uinta,
County of Riverside in the event that any human remains are discovered during any stage
of the implementation of the Project. The Owner shall request that the County Coroner
Provide notification to the NAHC, as required by California Public Resources Code §
5097.98(a).
Page -3-
VIII. TREATMENT AND DISPOSITION OF REMAINS
In the event Native American remains are found during development, and the Tribe,
or a member of the Tribe is, determined to be the MLD, the following provisions shall
apply.
The Tribe identified as MLD, or whose member is identified as the MLD, shall be
allowed, under California Pubic Resources Code § 5097.98(a), to:
1 . Inspect the site of discovery, and
2. Make prompt determinations as to the appropriate treatment and
disposition of the Native American human remains, associated grave
goods and cultural items.
The designated Tribe shall complete its inspection within twenty -four (24) hours of
receiving notification from the Owner, City of
NAHC. La uinta, County of Riverside, or the
All parties agree to discuss in good faith what constitutes "appropriate dignity," as
that term is used in the applicable statutes. Reburial of the remains shall comply with
California Public Resources Code §§ 5097.98(a) and (b) and any other law, rule, or
ordinance of any governing agency with jurisdiction over the Project area. The designated
Tribe shall be fully responsible for the prompt disposition and treatment of Native
American human remains.
All parties are aware that the designated Tribe may wish to rebury the Native
American human remains, grave goods, or cultural items, if any are discovered, on or near
the site of their discovery, in an area which will not be subject to future disturbances or
development over a prolonged period of time. The Owner agrees to allow on -site reburial,
subject to compliance with all applicable laws, rules, or ordinances of any governmental
agency with jurisdiction over the Project area. Prior to any reburial, the Owner and the
designated Tribe will identify a mutually acceptable area of the Project for reburial. Any
and all permits, authorization or approvals for reburials shall be at the Owners Expense.
The term "human remains" encompasses more than human bones, because the
Desert Cahuilla traditions call for the ceremonial burning of human remains and animals.
Ashes, human remains and associated grave goods, including but not limited to animal
bones and other remnants from burning ceremonies found with human remains, are to be
treated in the same manner as human bones or human bone fragments that remain intact.
Page -4-
Owner agrees to include in any contracts or agreements for archaeological services, the
obligations to cooperate and comply with this Agreement, including the obligation to avoid
any liability for archaeologist's conduct, but shall be cooperative in enforcing the terms and
provisions of its contract or agreement with the archaeologist. Should any entity other than
the designated Tribe possess the remains, even temporarily, such entity shall request
permission from the Tribe to conduct any testing beyond taking measurements,
documenting the find, and cataloging.
IX. TREATMENT OF CULTURAL ITEMS
Treatment of Native American grave goods and cultural items will reflect the
traditional religious beliefs and practices of the Tribe identified as MLD.
To the extent permitted by the applicable laws, rules, regulations or ordinances of
any governmental agency with jurisdiction over the Malaza Estates at Coral Mountain
Project, the Owner agrees to allow all Native American and cultural items discovered at the
Malaga Estates at Coral Mountian Project to be returned to the Tribe for appropriate
treatment, subject to limited archaeological cataloging as described below. The cultural
items shall be returned to the Tribe for their care and disposition at the Tribe's total
discretion. The Owner waives any and all claims to ownership of Naive American cultural
items in favor of the Tribe. If temporary possession of cultural items by any entity or
individual other than the Tribe (for example, an archaeologist retained by the Owner) is
necessary, that entity or individual shall not possess those items for longer than is
reasonably necessary. The Owner's archaeologist shall maintain contact with the Tribe's
designated representative regarding the status and progress of the cataloging of any cultural
items found. The Owner shall request its archaeologist to catalog all found items in a
prompt manner. The items shall be returned under provisions of this paragraph within 20
days of the completion of cataloging. The Tribe shall be provided with a copy of the
Archaeological Report and list of artifacts prepared for the Project and shall be afforded the
opportunity to comment on such report before it is finalized.
Page -5-
X. NON -DISCLOSURE OF LOCATION OF REBURIALS
It is understood by all parties to this Agreement that unless otherwise required by
law, the site of any reburial of the Native American human remains shall not be disclosed
by the Owner or by any third party, except as may be necessary for the future protection
and maintenance of the area successors in interest of that area. The Riverside county
coroner will be asked to withhold public disclosure of information related to such reburial
pursuant to the specific exemption set forth in California Government Code § 6254(r).
XI. WORK STATEMENT FOR NATIVE AMERICAN MONITORS
The description of work for Native American monitors of the archaeological or
geological investigations, excavation, grading and any other ground -disturbing operations
at the Project site is attached hereto as Adddenduml, and incorporated herein by
references. Addendum 1 refers to the monitoring crew, the limited authority of the
monitoring crew, and revisions for compensation of the Native American monitors.
XII. S.UCCESORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the heirs,
successors, executers, administrators, and assigns of the parties, including subsequent Land
Owners and Owners of the Project area, and to any person or entity obligated to comply
with environmental and cultural/archaeological protection laws applicable to the Project.
XIII. INDEMNITY & INSURANCE
The Torres Martinez Desert Cahuilla Tribe, including their officers, members,
directors, council members, agents, employees, affiliates, successors, subsidiaries, assigns,
and related organizations or entities, in no way agree to defend, hold harmless, indemnify
or guarantee in any way the City of La uinta, County of Riverside or the Owner from
any and all claims, obligations, liabilities, damages, or actions arising out of, relating to or
connected with the Malaga Estates at Coral Mountain Project.
Page -6-
Pursuant to Section IV of Addendum 1 to this Agreement, the Torres Martinez Desert
Cahuilla Indians, through The TMDCI Tribal Cultural Resource Department Director,
shall refer appropriate Native American monitors for the Project. Due to the potential for
loss to the Owner by the nature of the Native American monitors scope of employment, the
Tribe shall indemnify, defend and hold harmless the Owner from any and all claims,
demands, losses, costs, damages, lawsuits or judgments arising out of the negligent act or
omission, or intentional misconduct of the Native American monitors it refers.
XIV. SERVERABILITY
Should any part of this Agreement be found by any court or agency of competent
jurisdiction to be affected thereby and shall be valid and enforceable to the fullest extent
permitted by law.
XV. CONSIDERATION
In consideration of, and contingent upon the Owner's compliance with requirements
and promises contained in this Agreement, the Tribe on its own behalf and on half of its
members, agree to forgo legal action, not arising out of this Agreement, which could
impede the development of the Malaga Estates at Coral Mountain project.
XVI. NO PRECEDENT
This Agreement is unique to the Malaga Estates at Coral MountainProject only,
and does not set precedent for other projects.
XVII. COUNTERPARTS
This Agreement may be signed in two or more counterparts, and will be effective
when all the parties and signatories have affixed their signatures to two or more of the
counterparts, and have been delivered to all parties, at which the counterparts will be
deemed one original document.
Page -7-
Torres Martinez Desert Cahuilla Indians
Tribal Cultural Resources Department
Pre -excavation Agreement
I herebyacknowledge receipt of the decisions made in this pre -
excavation document issued - D , 200_7- . By signing this
document, I am hereby agreeing to keep and uphold all requirements
set forth and mentioned in this Pre -excavation Agreement, between
myself and the TMDCI Tribal Cultural Resources Department.
TMDCI Tribal Cultural Resources Representative
B'
Dated:
William J. Contreras.
Torres Martinez, sert C.N.M. Indians Tribal Cultural Resource Department Director.
Owner
By:
Print:
(title)
Page -8-
ADDENDUM I
Malaga Estates at Coral Mountain Project
NATIVE AMERICAN MONITORING OF ALL
GRADING AND GROUND DISTURBING ACTIVITIES
L SPECIFICATIONS
Given the sensitivity of the Tribal Cultural Resources that are in, or Tribal Cultural
Resources that may be in the Malaga Estates at Coral Mountain Project area, the
Project conditions of approval have required Native American monitoring during the
Projects ground disturbing activities within the boundaries of the Malaga Estates at Coral
Mountain Project area. While the exercise of this power is unlikely, the Native American
monitors are empowered to temporarily stop or relocate these project activities in the
immediate area of a cultural resources find, allowing the Malaga Estates at Coral
MountainProject activities to continue within the remainder of the Project. Any stops or
relocations of the Malaga Estates at Coral Mountain Project activities by the Native
American monitors shall be (i) coordinated with the onsite Project superintendent; and (ii)
shall be only as necessary to allow in excess of 3 hours, after concurrence with the Tones
Martinez Desert Cahuilla Indians Tribal Cultural Resources Director,'provided, however,
that work in the stoppage area may not resume until the Native American Monitor has had
the opportunity to review the find and discuss it with the Tribal Cultural Resources
Director. The Parties acknowledges that nothing in this Agreement lessens their
obligations under the Public Resources Code.
Regarding grading activities, a pre -grading conference shall be held with the Tribal
Cultural Resource Director, the City of La uinta, County of Riverside and the Owner to
clarify Native American monitoring specifications with the grading contractor and/or
Project manager and the grading Inspector of the jurisdiction which the Malaga Estates at
Coral Mountain Project site is located. The Tribe or their designated representatives shall
be invited to participate in this conference.
Page -9-
In Addition to the Native American monitors, the Owner shall provide
archaeological observation, as specified in the EIR if applicable. The Native American
Monitor shall assist in identifying and/or ascertaining the significance of any subsurface
Native American cultural resources in consulting with the Torres Martinez Desert Cahuilla
Indians Tribal Cultural Resources Director.
For purposes determining crew size, a written schedule of all project activities will
be submitted by the Owner to the Torres Martinez Desert Cahuilla Indians Tribal Cultural
Resources Director at least one week in advance of the commencement of these activities.
II. Project to be monitored
Monitoring shall occur within the Malaga Estates at Coral Mountain Project
T 6S R 7E Section 33 SBBM, city of La Ouinta, Riverside County, State of
California.
It is agreed that the monitoring will be allowed for all archaeological or geological
investigations, excavation, grading, trenching, and natural -ground -disturbing activities
occurring in the development, within the site area noted above.
III. PROJECT CREW SIZE
The Parties to this Pre -excavation Agreement anticipate the need for a Native
American monitoring crew consisting of one person/s. The Torres Martinez Tribal
Cultural Resources Director will provide one Native American monitor/s to monitor a
particular Project activity. The number of Native Monitors for this project shall not exceed
one persons. If, however, the scope of the work changes to require additional monitors
(i.e., simultaneous ground disturbing activities in multiple areas or discovery of a new
cultural resource or archaeological site occurs) the Owner will be responsible for
compensation to obtain additional monitors. Any additional monitoring will be subject to
the same terms and conditions, including compensation, as set forth herein. If Native
American human remains are found, coordinating the reburial of those remains, grave
goods and cultural items will be conducted in accordance with Sections VIII and IX of
this Pre -excavation Agreement.
Page -10-
On behalf of the Tribe, William J. Contreras, Torres Martinez Desert Cahuilla
Indians Tribal Cultural Resources Director, will act as contact point for the Owner for
referral of appropriate Native American monitors for the Project, i.e., monitors familiar
with the cultural resources of the area. The Native Monitor/s shall be independent
contractor/s and not employees, agents, representatives, or contractors of the Owner. The
Tribe recognizes that dangerous conditions can exist on the work site, particularly during
the grading and trenching operations, and shall be informed of these dangers. And also
Native Monitors must assume responsibility for the safety of the Native American Monitoring Crew and compliance with all health, safety laws and regulations, including on -
site job rules and regulations.
The Owner shall provide compensation to the Native American Monitor/s at the rate
of $50 per hour per Native Monitor. A 4 hour show up time in the amount of $200.00
will be charged to the Owner for unannounced work stoppages of Native American
Monitors which are not due to actions of the Tribe or of the Native American Monitors.
The Torres Martinez Desert Cahuilla Indians Tribal Cultural Resources Director will
invoice the owner and include with such invoice a complete time record for each Native
American monitor, showing the site(s), date(s), and hours of actual monitoring. A 25%
Administration Fee will be added to each invoice. All checks shall be made payable to:
Torres Martinez Desert Cahuilla Indians/Cultural Resources
The Torres Martinez Desert Cahuilla Indians Tribal Cultural Resources Director will
invoice the Owner no more frequently than once a week, and the Owner will promptly pay
all invoices within a weeks time period as agreed upon in this agreement.
Page -11-
COACHELLA VALLEY WATER DISTRICT
APPLICATION FOR TEMPORARY ENCROACHMENT PERMIT
(Use separate application for each location)
Permission is requested to encroach on District right-of-way as indicated
below. Complete all items; insert if not applicable. Application will
be returned if all required attachments are not included.
Location: City La Quinta County Riverside Caro
District Facility M 6 \ A D--&) uA-��
Near: Avenue 6 0 and Madison
Street '. Z_�> _4 C7 _ 2-
Within a City: No Yes X City CD
La Quinta o
l "(I Section 3 3 Township6
South, Range 7 East (Attach Location Map)
Purpose: Remove Soil. Deposit Material X
Other Purpose Estimated Quantity 50_ YD3 .( 50, 000
Describe Purpose: grading of Lots for 54 individual single
family residence's.
Work to be performed .by: Self Contractor X.
Both _
If Contractor, name Yankaskas Construction
Estimated Dates: start 15 October complete 15 November
Application shall be submitted 30 days before construction is scheduled to
start.
There shall be a $100.00 processing fee paid before issuance of permit.
PERFORMANCE WARRANTY: Bond may be required of the Permittee whenever in the
judgement of the District, it becomes necessary or advisable to guarantee
performance.
INSURANCE REQUIREMENTS: See Reverse
THE UNDERSIGNED AGREES THAT THE WORK WILL BE DONE IN ACCORDANCE WITH DISTRICT
ENCROACHMENT PERMIT AND SUBJECT TO INSPECTION AND APPROVAL.
R.T.'Hughe_s Co., LLC J.C. Green & Associates
Applicant Architect, Consultant, orTioject
Phone ( 7$0 771-8890 Engin
�� Phone ()0 469-3297.
78-900 Avenue 47',Ste..,.?:00 116 Cascada Ct., Palm Desert, Ca.
ALaSS uinta,,,lt A d ) Addresj 2(�"F i ude City and Zip Code)
Au horized Signa ure
Title
If you have any questions in regard to the preparation of this application or if
you need any information, please call David Keeley, right-of-way technician,
at (760) 398-2651.
CVWD-380
(Rev. 1/O1)
Insurance
The successful proposer shall carry and maintain, at the successful Pr'oposer's expense, at all
times during the term of the agreement not less than the following
insurance which shall be maintained with insurers and under forms of policies coverage and limits a
the District. satisfactory to
1 Commercial General Liability, limit $1,000,000 per oceunence to cover bodily
injury and property damage, CVWD-783a.
2. Commercial Automobile Liability, limit $1,000,000 r
injury and property damage, CVWD-783b. Per occurrence to cover bodily
3. Workers' Compensation Insurance, Statutory Limits of State of California, including
$1,000,000 Employers' Liability, CVWD 783c.
If the carrier refuses to complete the enclosed District forts, the company or its authorized
agent must provide the District, in writing, its objection to completing the forms. The
Proposer may then substitute the requested proof with an accord
insurance (7/97) with an additional insured certificate of liability
Subrogation endorsement. endorsement CG 2010 (11/85) and Waiver of
Prior to award, the successful proposer shall submit proof of insurance on the enclosed
Duct fog- with an AThe insurance company shall be an admitted carrier in the State of California
.M. Best rating of A -IV or better.
Provision of insuraace
All insurance required pursuant to this agreement shall:
1 • Name the Coachella Valley Water District, its employees, ffi
directors, officers and agents as
additional insureds.
2• Waive all rights of subrogation against persons and entities desi
additional insureds in the policy. gnated to be listed as
3. Be reasonably satisfactory to District in all other reasonable respects.
4. Such insurance is
Peary insurance as inspects the interests of the additional insureds and
that any other ins
maintained by the additional insureds is excess and not
contributing insurance with the insurance required hereunder.
It is hereby understood and agreed drat this policy may neither be canceled nor the
coverage thereof reduced until days amount of the
Ys after receipt by the District of a written notice of such
cancellation or reduction of coverage, including a.l0-day notice of nonpayment of premium, as
evidenced by receipt of a registered letter.
RIGHT-OF-WAY
CERTIFICATE OF INSURANCE AND ENDORSENUM
REQUIREFtENTS
OWNER: Coachella Valley Water District, P.O. Box 1058, Coachella,
DESCRIPTION OF CONTRACT: California 92236
TYPE OF INSURANCE: Commercial General Liability Insurance, including: Premises and
Operations; Blanket Br
oad Form Contractural; Contractors Protective; and Products; Broad Form Property Damage; •XCU•; Personal InjurECompleted Operations
Extended or Broad Form
Liability Endorsement. y;
Coverage shall be for not less than $1,000,000.
THIS IS TO CERTIFY that the policies of insurance listed below have been issued by the
company named below in conformance with the requirements set forth in District's Contract
Documents, and that said policies are now in force.
Said company will give at least 30 days advance.written notice by registered mail to
District, prior to any material change or cancellation of said policies.
This certificate or verification of insurance is not an insurance policy and does not
anyamend, extend or alter the coverage afforded by policies listed herein. Notwithstanding
requirement, term or condition of any contract or other document with respect to
which this certificate or verification of insurance may be issued or may pertain, the
insurance afforded by the policies described herein is subject to all the terms,
exclusions and conditions of such policies.
Policy Effective
Number Date Expiration Limits of Liability
Date Bodily Iniury fi Property Damage
ENDORSENENT REQUIREMENTS: .
District and its employees are included as additional insureds under these policies but
only while acting in their capacity as such and only as respects operations of the
original named insured, its subcontractors, agents, and employees in the performance of
the aboye_referenced contract.
This endorsement shall not operate to increase the insurance Companyls total limits of
liability under the above listed policies.
The insurance company hereby waives its rights of subrogation against the named
additional insureds.
Endorsements must be provided'by insurer on company forms.
INSURED:
Phone No. ADDRESS
. Person to Contact
INSUROR•
Phone No. ADDRESS
Person to Contact
AGENT-
Phone No. .ADDRESS
Person to Contact
DATE:
Authorized Representatives NOTARIZED Signature
NOTICE: No substitution or revision to this certificate and endorsement will be
accepted_ If the insurance called for is provided b
certificate, using this fy more than one company, a separate
oimat, shall be provided for each company_.
CVWD-781a
(Rev. 6/02)
RIGHT-OF-WAy
CERTIFICATE OF INSURANCE AND ENDORSEMENT
REQUIREMENTS
OWNER: Coachella valley Water District, P.O. Box
DESCRIPTION OF CONTRACT: 1058, Coachella, California 92236
TYPE OF INSURANCE: Commercial Automobile Liability
Coverage includes owned, hired and nonowned automobiles
$1,000,000. and shall be for not less than
THIS IS TO CERTIFY that the policies of insurance listed below have been issued by the
company named below in conformance with the requirements set forth in District's Contract
Documents, and that said policies are now in force.
Said company will give at least 30 days advance written notice by registered mail to
District, prior to any material change or cancellation of said policies.
This certificate.or verification of insurance is not an insurance policy and does not
amend, extend or alter the coverage afforded by policies listed herein. Notwithstanding
any requirement, term or condition
which this certificate of any contract or other document with respect to
which or verification'Of insurance may be issued or may pertain, insurance afforded by the polities described herein is subject to all the terms, .the
exclusions and conditions of.such policies.
Policy Effective Expiration
Number DLimits of Liability
Date Date Bodily Injury & Property Damage
ENDORSEMENT REQUIREMENTS:
District and its employees are included as additional insureds
only while acting in their capacityaunder these policies but
original named insured, s such and only as respects operations of the
its subcontractors, agents, and employees in the performance of
the above -referenced contract.
This endorsement shall not operate to increase the insurance Company's total limits of
liability under the above listed policies.
The insurance company hereby waives its rights of subrogation against the named
additional insureds.
Endorsements must be provided by insurer on company forms.
INSURED:
Phone No. ADDRESS
Person to Contact
INSUROR:
Phone No. ADDRESS
Person to Contact
AGENT:
Phone No. ADDRESS
Person to Contact _
.DATE:
Authorized Representative's NOTARIZED.Sighature
NOTICE: No substitution or revision to this certificate and endorsement will -be
accepted. If the insurance called for is provided by more than one company, a separate
certificate, using this format, shall be provided for each company.
CVWD-783b (Rev. 6/02)
RIGHT -OP -WAY
CERTIFICATE'OF INSURANCE AND ENDORSE
OWNER: Coachella Valley Water District,
DESCRIPTION OF CONTRACT; P.O. Box 1058, Coachella, California 92236
TYPE OF INSURANCE: Worker's C ompensation Insurance/hinployers Liability
Complies in all respects with the Worker's Compensation laws of the State of California.
THIS IS TO 'CffitTIpy that the Policies -of insurance listed below have been issued by the
company named below in conformance with the requirements set forth in District's Contract '
Documents,.and that said Policies are now in force.
Said company will give at'least 30 days advance written notice by registered mail to
District, prior to any material change or cancellation of said policies.
This certificate or verification of insurance is not an insurance policy and does not
aany
mend, extend or alter the coverage afforded by policies listed herein. Notwithstanding
whichequirement, ter e r condition
f contract or -other document with respect to
insurance may be issued or may pertain, the
insurance afforded by the
policies described herein is subject to all the terms,
excluaipna and conditions of such policies.
Policy Effective Statutory
Number Date Expiration Limits of Liability
Date Jos Required By Law
This endorsement shall not operate to increase the insurance Company's total limits of
liability under the above listed policies.
The insurance company hereby waives its rights of subrogation against the named
additional insureds.
INSURED:
Phone No.
ADDRESS
Person to Contact
INSUROR:
Phone No.
ADDRESS
Peraon to Contact
AGENT:,
Phone No.
ADDRESS
Person to Contact
DATE:
Authorized Representative's NOTARIZBD Si
NOTICE! No substitution or revision to this certificate and endorsement willbecertificate, using lthis nauaformat, shall ce called rbesProvided for each cided by more �any. company,
P Y, a separate
CVWD1783c
COACHELLA VALLEY WATER DISTRICT
INSTRUCTIONS TO APPLICANT
TEMPORARY ENCROACHMENT PERMIT
Applicant shall complete encroachment permit application (Form CVWD-380).
2. Applicant shall have insurance carrier complete and. notarize Right -of -Way Certificates
of Insurance (Forms CV WD-783a, b and c).
3- Applicant shall pay $100 permit processing fee.
4. Applicant shall pay a $500 inspection deposit at the time of submitting the application.
5. Applicant shall pay $1,000 deposit plus $100/acre-foot for construction canal water
removal.
6. Applicant must furnish cross sections of channel on soil removal permits_
7• Applicant.shall submit a package containing the application, location m
forms and all applicable fees and/or deposits thirtymap, insurance
(30) days prior to construction.
THE DISTRICT WILL NOT PROCESS THE PERMIT UNLESS
THE PACKAGE SUBMITTED IS COMPLETE.
C V WD-835
(Rev. 5/04)
COACHELLA VALLEY WATER DISTRICT
INSPECTION SCHEDULING PROCEDURE
FOR SUBDIVISION PROJECTS
DEVELOPER AND/OR CONTRACTOR SHALL USE THE INSPECTION NUMBER ISSUED ON
THIS FORM FOR SCHEDULING INSPECTION OF EACH UTILITY ON THEIR PROJECT.
INSPECTION NUMBER ISSUED FOR EP 060733-1-TEM Yankaskas Constriction Inc
Ingress & Egress over Irrigation Lateral 123.45 to Stockpile Materials Tract No 33597
(Project Name and/or Tract Number)
DOMESTIC WATER
SANITATION
IRRIGATION
DRAINAGE
STORMWATER
OTHER
7265
INSPECTION SCHEDULING SHALL BE CALLED IN BETWEEN THE HOURS OF 3:30 TO
4:30 P.M. THE DAY PRIOR TO CONSTRUCTION ACTIVITY AT (760) 398-2661, EXT 3543.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT ROLAND BUSTAMANTE,
PRINCIPAL INSPECTOR AT (760) 398-265.1, EXT. 3539.
ACKNOWLEDGEMENT
I AGREE TO THE ABOVE -STATED CONDITIONS.
Developer:
Contractor:
,�r�•-Date:
Date:/
CVWD - 015
COACHELLA VALLEY WATER DISTRICT CASH RECEIPT DETAIL 116429
Date:
Received From: 22.
Address:
Account . No. Lot(s) — Tract
Service Address G.A. Code
0 Meter(s)
0 Service(s)
0 Backflow(s)
0 House Lateral(s)
0 Detector Check(s)
0 -Meter Surcharge--
0 Sanitation Capacity Charge
0 W.S.B.F.C.
0 S.I.W.S.0
0 Temporary Construction. Meter-
0 Turn on Charge-
0 Uncollected Account - Name
0 inspection Fee - Tract -
Fee -
0 Plan Check Fees Water Sewer -
Tract 7
0 Bond Payment -A.D. - —Bond Assmt
0 Customer Depoilt
CS' Other
-;x,- TOTAL
Remarks:
Copy to:
Cash F IT
Check
Money
Order
J.I V
Water Service
Cashier
-
cvwci-4s8, (I lot):
ENGINEER'5 ESTIMATE
ROUGH GRADING
Tract 33597
MALAGA E5TATE5 AT CORAL MOUNTAIN
Prepared for PT. Hughe5 Co., LLC
BY
50UTHVVE5T CONSULTING 5ERV10E5, INC
JULY 2G, 2007
CATEGORY C05T
Cleanng and grubb►ncj $ 1 G,424.
Grad►ncJ 932,000. '
Con5truct►on water G3,,870. "
Er05►on *-du5t control 17,195. ?M:t,o ?G&miT-9
Total $1,029,489. AJAC-AVy
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r
City of La Quinta
The following General and Special Provisions are attached to and made a part of
Permit Number 7152
The following shall always apply:
ENCROACHMENT ON PRIVATE PROPERTY: This permit authorizes work to be accomplished within the City of La Quinta's right of way
ONLY. Whenever construction extends within private property, it is the responsibility of the permittee for his contractors to secure permission
from abutting property owners. Such authorization must be secured by the permittee prior to starting work.
TRACK -LAYING CONSTRUCTION EQUIPMENT: Cleated track -laying construction equipment shall not be permitted to operate on any paved
surface unless fitted with smoother -faced street pads. All mechanical outriggers shall be fitted with rubber street shoes to protect the paving
during. excavations. Rubber -tired equipment only shall be used in backfill operation in paved areas. If the existing pavement is scarred, spalled,
or broken during the term of this contract or if the pavement is marred, City of La Quinta shall request that these portions of road be resurfaced
over their entire width. Resurfacing shall consist of one coat of two inches (2") of A.C. surfacing plus appropriate seal coat as specified above.
PROTECTION OF TRAFFIC: All excavations and work areas shall be properly lighted and barricaded as deemed necessary by the City
Engineer or City of La Quinta Public Works Inspectors. Suitable detours and detour signs shall be placed and maintained for the duration of.the
project. The City shall be notified twenty-four hours (24) in advance of any traffic detours or delineation.
CARE OF DRAINAGE STRUCTURES: Any drainage structure to include corrugated metal pipe, concrete pipe, steel .culvert and concrete
structures encountered during excavation which necessitate removal shall be replaced in kind. In the event it becomes necessary to remove or
cut existing drainage structures, City of La Quinta shall be notified prior to commencement of this work. Drainage structures and .open drains
shall be kept free of debris at all times for proper drainage.
RIGHT-OF-WAY CLEANUP: Any surplus material resulting from excavation and backfill operations shall be removed from the right of way. All
paved surfaces shall be broomed clean of earth and other objectionable materials immediately after backfill and compaction. Existing gutter line
and drainage ditches shall be replaced to their original standard or better. All excess material shall be removed prior to paving. Water tanker
shall be used, as required, to sprinkle the job site to keep down dust conditions and shall be used immediately after backfill.
DE -WATER OPERTATIONS: If de -watering operations are required and pumps are forcing water on City of La Quinta roads, it shall be the
responsibility of the permittee (contractor) to control this water and to provide off-street barricades when necessary.
CLOSING STREETS: No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to'provide limited access for
the adjoining property owners and emergency vehicles. In the event it is felt by the permittee that he must close a street for any length of time,
permittee shall contact this office to obtain the necessary permission.
SPECIAL PROVISIONS
The following shall apply when indicated:
® R1 NOTIFICATION: Permittee shall be notified the City at (760) 777 - 7097 at least forty-eight hours (48) in advance of starting
construction.
® R2 UTILITY CLEARANCE: (Substructures) Prior to making any excavations within the City of La Quinta right-of-way authorized
by permit, the permittee shall contact all concerned utility companies relative to the location of existing substructures.
Damage to existing substructures resulting from operations conducted under this permit shall be the sole responsibility of the
permittee.
® R3 UTILITY CLEARANCE (Surface Structures) No work shall be done under this permit until all utilities are clear of the
proposed work site. The permittee shall notify all concerned utility companies of the proposed work.
❑ R4 PAVEMENT WIDENING: Area between the proposed concrete gutter line and the existing road pavement shall be surfaced
with ( " N/A " ) inches of A.C. paving placed on ( " N/A ".) inchesof ( " 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 W') of A.C. paving on (" N/A ") of class (" N/A " )
aggregate base.
® R9 SIGHT CLEARANCE: Sight Clearance of six -hundred feet (600') in all directions shall be assured and maintained at all
times.
❑ R10 SOIL STERILIZER: The area to be surfaced shall be treated with soil strerilizer. Rate of application shall comply with the
manufacturer's specifications.
City of La Quinta
® R11
COORDINATE WORK: The proposed work shall be subordinated to any operation, which the State of California or City of
La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La
Quinta forces to preclude delay or interference with State or City of La Quinta projects.
® R12
SURVEY MONUMENTS: Prior to excavation or beginning of construction, all survey monuments which exist on the
centerline of all streets or property lines when included shall be completely tied out so they may be readily and correctly,
replaced by a licensed civil engineer or surveyor at the expense of the permittee. A complete set of notes showing the ties
to these monuments shall be furnished to the City Engineer prior to the removal of any monuments. This office shall be
notified upon completion or replacement of all survey monuments for proper clearance.
® R13
PAVEMENT CUTTING: Pavement will be mechanically saw cut to a straight edge prior to excavation. Method of pavement
cutting shall be approved through the office of the City Engineer. (Under no circumstances shall excavating equipment be
used to excavate prior to cutting or pavement.) Excavation material shall be placed in such a position as to best facilitate the
general flow traffic. Prior to final paving operations, any damage to pavement straight edges shall be corrected.
❑ R14
LIMIT OF EXCAVATIONS: Excavations shall be limited to one -thousand feet (1000') of open trench before backfill
operations must begin. All excavations shall be, properly barricaded with lights overnight, on weekends and holidays for the
protection of the traveling public. The Public Works Inspector shall determine the suitability of excavation barricading in
each case. No excavation shall remain open for a period exceeding five (5) days. No excavation shall be made unless the
construction material is actually on the work site.
® R15
BACKFILL MATERIAL: Backfill shall be free of brush, roots or other organic substance detrimental to its use for purposes
of producing and adequately consolidated backfill. Ant material which the City of La Quinta deems unsuitable (spongy or
saturated material) which is encountered during excavation shall not be used for backfill, but shall be supplemented or
replaced -by an approved sand or gravel.
❑ R16
BACKFILL SAND: Backfill shall be approved transit -mix sand or equivalent and shall be placed on lifts not greater than
three feet (3') and vibrated using vibrostamper or equivalent equipment. Alternate methods may be substituted, but in any
case, a relative compaction of ninety-five percent (95%) shall be maintained with the structural section of the roadway.
❑ R17
BACKFILL PLACEMENT: Backfill shall be applied in layers of not more than fifty percent (50%) of the total depth of the
trench before flooding or a maximum of five feet (6) lifts where trenches are of excessive depths. Care is to be exercised
that the backfill material is not subjected to extreme swell by flooding operations. Backfill material shall be placed so that the
resulting compaction shall not be less than ninety percent (90%) or equivalent to the surrounding ground, whichever is the
greater compaction. Where ponding or flooding is used for a maximum settlement, adequate dikes will be constructed to
retain the water. Where jetting is used, the jets shall be of sufficient length to reach the bottom of each layer and the water
supply shall be continuos.
❑ R18
COMPACTION TESTS: If so required by the inspector, compaction test shall be made at intervals of not more than one -
thousand (1000') feet and a maximum of one (1) test on each road. One (1) copy of each test shall be forwarded tot the City
Engineer for approval and filed prior to making permanent repairs. Compaction tests shall be made as outlined in Section
6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973.
❑ R19
COMPACTION TESTS: If so required by the Inspector, compaction tests shall be made for each crossing or service line.
One (1) copy.of each test shall be forwarded to the City Engineer for approval and filed prior to making permanent repairs.
Compaction tests shall be made as outlined in Sections 6.3.001 of the Standard Specifications, Division of Highways, State
of California, dated January 1973.
❑ R20
TEMPORARY PAVEMENT REPAIRS: After completion of backfill and compaction operations, a temporary patch consisting
of two inches (2") of SC-800 shall.be placed on a prepared sub -grade. The SC-800 temporary paving shall be placed after
a maximum of three -thousand linear feet (3000') or trench has been excavated and backfill operations completed, but in no
case shall the placement of the temporary pavement exceed a five (5) day limit.
® R21
PERMANENT PAVEMENT REPAIR: After backfill and compaction have been completed, a temporary patch consisting of
two inches (2") of SC-800 shall be placed immediately. A permanent patch of (. 4 ) inches of A.0 surfacing placed on a ( 6 )
inch ( crushed ) aggregate base shall be placed no later than ( 5 ) days after completion of temporary road repair.
❑ R22
FOG SEAL: A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as
determined by the City Engineer.
® R23
STREET RESTRIPING: Where street striping is still visible on street to be excavated, such striping shall be replaced upon
completion of permanent repairs.
❑ R24
TREE RELOCATION OR REMOVAL: Tree relocation within the City of La Quinta road right-of-way shall be accomplished
by a licensed, bonded and insured tree service, and handled safely without interference or hazard to the traveling public. It
shall be the responsibility of the permitte to maintain the tree in a vigorous growing condition at its new location.
Trees to be removed shall be in sections, which can be handled safely without interference or hazard to highway traffic. The
entire width of the tree stump, shall be removed and disposed of so that no debris remains in view of the highway. The
stump hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where it becomes
necessary to restrict traffic, the work shall be restricted to a maximum of five -hundred feet (500') at any one time. Adequate
signs, flagmen and or barricades shall be provided to protect the traveling public at all times.
Large holes resulting from tree removal shall be backfilled and compacted to not less than ninety percent (90%) or
equivalent tot the surrounding ground, whichever is the greater compaction as determined by the impact or field method.
Compaction tests shall comply with Section 6.3.01 of the Standard Specifications, Division of Highways, State of California,
dated January 1973.
PERMIT NO.7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner
of Avenue 60 & Madison St.
In addition to the standard permit conditions, the following shall apply:
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 is "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. Items that are not yet approved that could substantially change the rough grade plan
design include, but are not limited to hydrology, street grades, pad grades, and liquefaction.
2. All existing irrigation line crossings shall be utilized exclusively during grading operations to the
satisfaction of Coachella Valley Water District (CVWD) and the City of La Quinta. Applicant bears
full responsibility for maintenance and protection of crossings and assumes full responsibility for any
damages to CVWD irrigation lines.
3. 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.
4. This permit or copy of it shall be on the work site (usually the job trailer) for inspection during the
actual work performed.
5. At the time of issuing this permit, the Rough Grading and/or Precise Grading plan have not been
approved. Therefore, rough or precise grading is not permitted within this permit until these plans have
been approved by the City Engineer. Also, a preconstruction meeting with the Public Works
Construction Division must be completed and at the preconstruction meeting the City must give the
approval to begin construction according to the approved plans.
6. RT Hughes Co., LLC (Sam Anziano) and Yankaskas Construction Inc., hereinafter referred to as
"Permittee", shall be responsible for providing continuous dust and erosion control.
7. ' 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
May 1 st to September 30:
Monday -Friday 7:00 a.m. to 5:30 p.m.
Saturday 8:00 a.m. to 5:00 p.m.
Monday -Friday 6:00 a.m. to 7:00 p.m.
Saturday 8:00 a.m. to 5:00 p.m.
Special Conditions
Page I of 6
ro
PERMIT NO.7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner
of Avenue 60 & Madison St.
Work shall be prohibited on legal holidays and Sundays.
Note: Construction work (including setting up traffic control devices) is not permitted on any Arterial
street (ie any 4 lane street) before 8:00 a.m.
9. 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.
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. Any land on which Williamson Act contracts apply shall remain undisturbed.
12. Pursuant to Section 14.16.250 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
advance warning signs and traffic control shall be installed and maintained in accordance with Cal
Trans Standards or the Work Area Traffic Control Handbook (WATCH Manual). A traffic control
plan.shall be prepared in accordance with the WATCH Manual and submitted to the City for
review and approval one (1) week prior to starting any construction. It shall be the Permittee's
responsibility to appropriately detour and barricade all construction sites.
Pursuant to Section 14.16.290 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
street closures shall not be permitted. A minimum of two (2) travel lanes of paved surface shall
be maintained at all times. ,
13. 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.
14. 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.
15. 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.
Special Conditions Page 2 of 6
PERMIT NO.7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner of
Avenue 60 & .Madison St.
If the imported fill or overexcavated locations indicate to the inspector that inadequate soils exist based on
the criteria set forth in the Project Soils Report, Public Works Greenbook, or Uniform Building Code, the
Public Works inspector may halt grading operations until the inadequate soil has either been removed or
the Public Works Director authorizes grading to continue.
The above testing or observations does not relieve the permittee's responsibility for future repairs due to
settlement at and near the locations of the work area.
Prior to the city issuing a building permit, the permittee's Geotechnical Engineer of Record shall submit a
certified letter indicating that the grading has been completed per the approved plan. A compaction report
on all fill is required following pad certification and prior to building permit issuance.
16. This permit is not valid until the permittee submits, to the Public Works Department 2 weeks prior to start
of construction, the name of the City approved contractor, who shall submit to the City the following items:
a. General Liability Insurance Company and Policy Number
b. City Business License.
c. Contractors State License Number
17. Prior to performing construction work and closing any lanes in the Public Right.of Way, the permittee shall.
call the City at (760) 777-7097 at least 48hrs prior to work and request an appointment for a
preconstruction meeting with the City Inspection staff.
18. 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.
19. 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.
20. If public traffic lanes are required to be closed, this pen -nit is not valid until the pennittee submits; to the
Public Works Department, an approved traffic control plan at least 2 weeks prior to start of construction or
parking on the paved R/W.
21. Pursuant to Section 14.16.370 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
backfill compaction within street rights -of -way shall conform with Section 306-1.3 of the latest edition
of the Standard Specifications For Public Works Construction (SSPWC), except as otherwise specified
herein.
Native material may be used as backfill material provided that minimum compaction, achieved in the
manner prescribed herein, is achieved. Backfill shall be performed by mechanical means; no water
densified compaction via jetting or flooding or other means shall be allowed. It shall be the Pennittee's
responsibility to provide appropriate geotechnical supervision, testing, and inspection, onsite, at all
times during backfill operations.
Special Conditions
Page 3 of 6
PERMIT NO.7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner of
Avenue 60 & Madison St.
Backfill compaction shall be achieved by the following conditions:
A. When a firm foundation is not encountered due to soft, spongy or other unsuitable material, such
material shall be removed to the limits directed by the Geotechnical Inspector and/or the City
Inspector and the resulting excavation backfilled with pipe bedding material.
B. Backfill materials shall be brought to or maintained at appropriate moisture content for
compaction. The appropriate moisture content range shall be established at the onset of the
project and ensured prior to use of the materials through progress testing on the stockpiles.
C. The first length of trench backfilled shall be backfilled in the presence of the City Inspector.
Compaction shall be tested at random depths at approximate three-foot vertical intervals as
backfill is placed to ensure the effectiveness of the compaction methods and to establish the depth
of lift that can be compacted.
D. If lifts greater than one foot are attempted in this trial length of trench, compaction tests shall be
taken within the lifts to ensure that the full depth of the lift is compacted. Upon satisfactory
completion of this portion of trench, the City Inspector shall establish the maximum lift thickness
to be compacted for the remainder of the project.
E. In subsequent lengths of trench, the frequency of compaction tests shall equal one per each lift of
backfill, per 300 linear feet of open trench, at randomly selected locations within the open length
of trench.
F. The depth of the randomly selected compaction tests shall also be randomly selected except that
where multiple tests are required in a given length of trench, the tests shall be no closer than three
feet (vertically) from each other.
G. If any compaction test fails, previously placed backfill (in the same length of open trench- or
previous lengths of trench) which is represented by the failing test (as determined by the City
Inspector), shall be tested for compliance with compaction requirements.
H. All costs incurred due to the conditions above shall be borne by the Permittee.. Copies of all test
results shall be furnished to the City Inspector.
22. 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.
Special Conditions Page 4 of 6
PERMIT NO.7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner
of Avenue 60 & Madison St.
23. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its
original condition.
24. Access and egress to all local properties shall be maintained at all times.
25. Pursuant to Section 14.16.375 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
permanent pavement replacement shall be completed no later than seven (7) days after the completion
of the work. Permanent pavement replacement shall conform to the following conditions:
A. Existing asphalt concrete pavement shall be sawcut one (1) foot beyond trench edges. Edges shall
be straight and clean.
B. Permanent pavement replacement structural section, within all trenches, shall be 1" thicker than
existing of asphalt concrete over the same existing thickness of crushed aggregate base or crushed
miscellaneous base, meeting the requirements of Sections 200-2.2 and 200-2.4 of the Standard
Specifications for Public Works Construction. The replaced pavement and base material shall be
compacted to 95% relative compaction and respectively tested, for each 300 linear feet of trench.
Verify exact structural replacement section thicknesses with the City prior to installation.
C. Permanent pavement replacement shall be installed using a City approved 3/" max medium
asphalt concrete as the base course lift and a City approved''/2" max medium finish course lift for
capping. Asphalt concrete mix design shall be approved by the City prior to its placement.
D. Cold -Mill and.Overlay - The existing pavement which was properly protected in place during the
trenching operation located adjacent to the trench saw cut shall be cold -milled to a depth of 0.10
feet with butt joint created next to the existing unmilled pavement surface. The cold -milled area
and base asphalt concrete in the trench area shall be overlaid with a City approved C2-AR-4000
asphalt concrete mix. The width of the cold milling area shall be as follows:
For longitudinal trenches located in a parking lane: three (3) feet outside the sawcut
removal lines.
For longitudinal trenches located in a traffic lane: three (3) feet outside the sawcut removal
lines, or to the lane line striping, whichever is greater.
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/" 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.
Special Conditions Page 5 of 6
PERMIT NO.7152
Malaga @ Coral Mountain / At -Risk Rough Grading / Tract No. 33597; SW corner
of Avenue 60 & Madison St.
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.
26. 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 ireatment. Soil stabilization shall be done immediately
after completing the operation.
27. Pursuant to Chapter 12.56 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982) the City
has designated certain city streets as Truck Routes. The weight limit for restricted streets (i.e., streets
not part'of the Truck Route network) is three (3) tons; trucks exceeding the weight limit may use a
restricted street if making a delivery or pickup on the subject street, or if this permit specifically grants
permission to use the street to deliver street construction materials and/or equipment.
28: ' The City of La Quinta reserves the right to revoke, suspend or void this permit at any time.
'29. 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.
30.. If it is the intent of the permittee to cut the pavement and have it restored by a third party, the
permittee shall postpone cutting the pavement until the intended third party has acquired a permit from
the City to perform the required restoration work.
Special Conditions Page 6 of 6