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ENC2024-0025
CALIFORNIA ENCROACHMENT PERMIT PUBLIC WORKS CONSTRUCTION For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains and other like public works improvements in connection with MINOR IMPROVEMENTS and/or APPROVED SUBDIVISIONS. DATE: 02/26/2024 LOCATION OF CONSTRUCTION: Highway 111 and Costco Dr PURPOSE OF CONSTRUCTION: Replace an IID vault lid DESCRIPTION OF CONSTRUCTION: Replace IID vault lid APPROXIMATE TIME WHEN WORK WILL BEGIN: 02/29/2024 DATE OF COMPLETION: 02/29/2024 COMMENTS: THIS ENCROACHMENT PERMIT IS FOR WORK AND/OR TRAFFIC CONTROL WITHIN THE CITY OF LA QUINTA ONLY 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) 777-7097. To submit an inspection request, leave a message on the Inspection Request Hotline at (760) 777-7097 prior to 1:30 P.M. at least twenty-four (24) hours prior to the anticipated inspection. Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulations of the City of La Quinta and to pay for any additional replacement necessary as the result of this work. Towers Electric Edgardo Torres Name of Applicant Towers Electric Edgardo Torres Name of Contractor 997250 Contractor's License No. 39249 LEOPARD ST Ste A-105, Palm Desert, CA (760) 377-0184 92211 Business Address Telephone No. 39249 LEOPARD ST Ste A-105, Palm Desert, CA (760) 377-0184 92211 Business Address Telephone No. 763733 City Business License No. Berkshire Hathaway Direct I CP140202443P2 023 Applicant's Insurance Company Policy Number FEES Credit Card Convenience Fee $9.25 Technology Enhancement Fee $8.00 Traffic Control $370.00 TOTAL: $387.25 PERMIT NO: ENC2024-0025 DATE ISSUED: 02/26/2024 EXPIRATION DATE: 02/25/2025 BY: Amy Yu If the work is covered by a Subdivision Improvement Agreement, Subdivider shall request final acceptance of improvements from the City Council. BUS STOP (RT) �E / ROA6 WORK DUNE PALMS RD. BUS EXISTING TRAFFIC CONTROL FOR DUNES PALMS STORM CHANNEL BRIDGE CONSTRUCTION. THERE ARE EXISTING ROAD WORK AHEAD SIGNS ON DUNE PALMS AS PART OF THIS TRAFFIC CONTROL, 500' 350' 600' (350' IS IN BUS STOP) w4-z C2j' irT� C� 1 JACK IN THE BOX W20-1 SEE NOTE 8 NOTES:1. ALL TRAFFIC CONTROL DEVICES FOR THIS PROJECT SHALL BE IN ACCORDANCE WITH REVISION 7 OF THE 2014 CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (Ca.M.U.T.C.D.). 2. TRAFFIC CONTROL SHOWN HEREIN IS THE MINIMUM REQUIRED. ADDITIONAL TRAFFIC CONTROL MAYBE REQUIRED TO FACILITATE PUBLIC SAFETY AND TRAFFIC FLOW IF DEEMED NECESSARY BY CITY OF LA QUINTA REPRESENTATIVE.. 3. THROUGHOUT EACH WORK PERIOD, CONTRACTOR SHALL INSPECT TRAFFIC CONTROL (SIGNS, BARRICADES AND DELINEATORS) AND MAINTAIN SAME IN ACCORDANCE WITH TRAFFIC CONTROL. PLANS, 4. CONTRACTOR SHALL MAINTAIN A MINIMUM 10 (TYP. 12')'TRAFFIC LANE WIDTH AT ALL TIMES. THERE SHALL BE A MINIMUM 2' BETWEEN THE EDGE OF CUTAND THE NEAREST TRAFFIC LANE. 5, ACCESS TO PRIVATE PROPERTY SHALL BE MAINTAINED AT ALL TIMES. 6, THIS TRAFFIC CONTROL SHALL BE IN PLACE DURING WORK HOURS ONLY. AT END OF THE WORK HOURS, THE ROAD SHALL BE CLEAR OF DEBRIS AND TRAFFIC RETURNED TO NORMAL. 7. TRAFFIC CONTROL DEVICES USED DURING HOURS OF DARKNESS SHALL BE RETRO-REFLECTIVE AND ALL BARRICADES SHALL BE EQUIPPED WITH FLASHING LIGHTS. 8. THE CONTRACTOR SHALL CONTACT THE CVAG REGIONAL OFFICE FOR TRAFFIC MANAGEMENT AND THE CITY OF LA QUINTAA MINIMUM OF 3 DAYS IN ADVANCE TO ADVISE THEM OF THE WORK SO THEY CAN ADJUST THE TRAFFIC SIGNAL TIMING AT HWY 111 & COSTCO DR. AS NECESSARY. 9. THE CONTRACTOR SHALL CONTACT THE OWNER OF THE COSTCO SHOPPING CENTER 3 DAYS IN ADVANCE AND COORDINATE THE CLOSURE OF THE EAST DRIVEWAY TO THE CENTER. COSTCO ROAD SEE NOTE 91 Pendingl Install Underground Cable to New Gym P*w Cowtor ow'w Imperial Irrigation Dist. Efrain 760-391-5967 Inc caws u0sw by PwPM-Ww Owdod BY Tops N Barricades, Inc. Ron Fifield (800)852-TOPS XX 11/14/23 City of La Quinta The following General and Special Provisions are attached to and made a part of Permit Number ENC2024-0025 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 notify 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 ('/d') 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 ''/2") of A.C. paving on (** N/A **) of class (** N/A ** ) aggregate base. ® R9 SIGHT CLEARANCE: Sight Clearance of six -hundred feet (600') in all directions shall be assured and maintained at all times. ❑ R10 SOIL STERILIZER: The area to be surfaced shall be treated with soil strerilizer. Rate of application shall comply with the manufacturer's specifications. City of La Quinta ® R11 COORDINATE WORK: The proposed work shall be subordinated to any operation, which the State of California or City of La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La Quinta forces to preclude delay or interference with State or City of La Quinta projects. ® R12 SURVEY MONUMENTS: Prior to excavation or beginning of construction, all survey monuments which exist on the centerline of all streets or property lines when included shall be completely tied out so they may be readily and correctly, replaced by a licensed civil engineer or surveyor at the expense of the permittee. A complete set of notes showing the ties to these monuments shall be furnished to the City Engineer prior to the removal of any monuments. This office shall be notified upon completion or replacement of all survey monuments for proper clearance. ❑ R13 PAVEMENT CUTTING: Pavement will be mechanically saw cut to a straight edge prior to excavation. Method of pavement cutting shall be approved through the office of the City Engineer. (Under no circumstances shall excavating equipment be used to excavate prior to cutting or pavement.) Excavation material shall be placed in such a position as to best facilitate the general flow traffic. Prior to final paving operations, any damage to pavement straight edges shall be corrected. ❑ R14 LIMIT OF EXCAVATIONS: Excavations shall be limited to one -thousand feet (1000') of open trench before backfill operations must begin. All excavations shall be properly barricaded with lights overnight, on weekends and holidays for the protection of the traveling public. The Public Works Inspector shall determine the suitability of excavation barricading in each case. No excavation shall remain open for a period exceeding five (5) days. No excavation shall be made unless the construction material is actually on the work site. ® R15 BACKFILL MATERIAL: Backfill shall be free of brush, roots or other organic substance detrimental to its use for purposes of producing and adequately consolidated backfill. Ant material which the City of La Quinta deems unsuitable (spongy or saturated material) which is encountered during excavation shall not be used for backfill, but shall be supplemented or replaced by an approved sand or gravel. ❑ R16 BACKFILL SAND: Backfill shall be approved transit -mix sand or equivalent and shall be placed on lifts not greater than three feet (3') and vibrated using vibrostamper or equivalent equipment. Alternate methods may be substituted, but in any case, a relative compaction of ninety-five percent (95%) shall be maintained with the structural section of the roadway. ® R17 BACKFILL PLACEMENT: Backfill shall be applied in layers of not more than fifty percent (50%) of the total depth of the trench before flooding or a maximum of five feet (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 three inches (Y) of SC-800 shall be placed immediately. A permanent patch of Asphalt Concrete surfacing per City of La Quinta Standard 600 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. ENC2024-0025 Replace IID Vault Lid / Hwy 111 and Costco Dr In addition to the standard permit conditions, the following shall apply: 1. Pursuant to Section 14.16.320 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), all work shall be performed in accordance with the latest edition of the Standard Specifications For Public Works Construction (SSPWC) and as directed by and to the satisfaction of the City Engineer. 2. This permit or copy of it shall be on the work site (usually the job trailer) for inspection during the actual work performed. 3. The permittee is responsible for obtaining a valid separate permit from other City, or County jurisdictions if any of the work or traffic control devices extend into other City, or County right of way. 4. The permittee must compact any disturbed soil within the paved right of way back to its original condition or compact to a minimum density of 95% based on ASTM D1557 and be placed while the soil is at +/- 2% of optimum moisture, which ever compacting effort produces the greatest density. 5. Any asphalt removed during potholing shall be replaced with City approved mix asphalt or equivalent. Temporary (Cold Patch) is not acceptable as an approved asphalt mix. The asphalt shall have a thickness equivalent or greater than the removed asphalt thickness and shall obtain a density of 95% or greater based on maximum density obtained by the ASTM Marshall Mix Design Method. 6. Towers Electric (Eduardo Torres), 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. 8. The permittee shall submit inspection requests by calling the City Inspection Hotline at (760) 777-7097 before 1:30 p.m. and at least twenty-four (24) hours prior to the anticipated inspection. 9. Pursuant to Section 6.08.050 of the La Quinta Municipal Code (Ordinance 18 § 1, 1982), throughout the work site, the Permittee shall comply with City regulated work hours. Operation and maintenance of equipment within one-half mile of human occupancy shall be performed only during the following time periods: October 1 st to April 30: Monday -Friday 7:00 a.m. to 5:30 p.m. Saturday 8:00 a.m. to 5:00 p.m. May 1 st to September 30: Monday -Friday 6:00 a.m. to 7:00 p.m. Saturday 8:00 a.m. to 5:00 p.m. Work shall be prohibited on legal holidays and Sundays. Note: Construction work (including setting up traffic control devices) is not permitted on any Arterial street (ie any 4 lane street) before 8:00 a.m. Special Conditions Page 1 of 4 PERMIT NO. ENC2024-0025 Replace IID Vault Lid / Hwy 111 and Costco Dr 10. 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 City Traffic Signal Maintenance Division at (760) 777-7070 if signal operation at the intersection is to be altered in any way. 11. 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. 12. The permittee shall place temporary no parking signs along the parking area affected by the construction. The signs shall be placed along the area 48hrs prior to the start of closing the area, and removed immediately after the construction completion date. 13. Pursuant to Section 14.16.250 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), at residential streets, advance warning signs and traffic control shall be installed and maintained in accordance the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD) or the latest edition of the Work Area Traffic Control Handbook (WATCH). On Collectors to Arterial Streets, the permittee must submit a traffic control plan which shall be from or prepared under the guidance of the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD) or the latest edition of the Work Area Traffic Control Handbook (WATCH). Traffic Control plans not from the CA MUTCD or the WATCH shall be signed and stamped by a civil or traffic engineer registered in the State of California. 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. 14. 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. 15. 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. 16. The permittee shall be responsible for calling the city inspector to arrange the city inspector to observe random pothole backfill compaction and testing if requested by the inspector. If the inspector's phone number is unknown, the permittee shall call the Public Works front counter phone at 777-7075 or the Associate Engineer at 777-7047 to determine the city inspector's phone number. The inspector shall determine the number and location of the test location/s. The above testing does not relieve the permittee's responsibility for future repairs due to settlement at and near the locations of the work area. Materials testing must be performed under direct supervision of a California Registered Civil Engineer. Special Conditions Page 2 of 4 PERMIT NO. ENC2024-0025 Replace IID Vault Lid / Hwy 111 and Costco Dr 17. The issuance of this permit and the City approval of the related construction improvement plans do not provide a vested entitlement for all design parameters that may have been utilized for the plans. As such, plans approved for this permit may be "at risk" for further modifications as it relates to any follow up improvement plan requirements as required by the city or existing errors & omissions by the architect or engineer of record. 18. 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 19. The Applicant or Contractor shall furnish the City satisfactory evidence of insurance in the amounts provided in Engineering Bulletin for Indemnification & Insurance Requirements. This insurance shall be kept in full force and effect at all times by Applicant or Contractor during the prosecution of the permitted work and updated Certificate of Liability Insurance shall be submitted to the City. Each policy shall name the City as an additional insured. 20. If public traffic lanes are required to be closed, this permit is not valid until the permittee submits, to the Public Works Department, a traffic control plan for review and approval prior to start of construction or parking on the paved R/W. 21. 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. 22. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its original condition. 23. Access and egress to all local properties shall be maintained at all times. 24. 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 Special Conditions Page 3 of 4 PERMIT NO. ENC2024-0025 Replace IID Vault Lid / Hwy 111 and Costco Dr 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 3/4" max medium asphalt concrete as the base course lift and a City approved 1/2" max medium finish course lift for capping. Asphalt concrete mix design shall be approved by the City prior to its placement. D. 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. 25. 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. 26. 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. 27. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. 28. 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. 29. If it is the intent of the permittee to cut the pavement and have it restored by a third party, the permittee shall postpone cutting the pavement until the intended third party has acquired a permit from the City to perform the required restoration work. Special Conditions Page 4 of 4 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE 02 26 2024) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT Berkshire Hathaway Direct Insurance Company 1314 Douglas Street, Suite 1400 Omaha NE, 68102 NAME: PHONE 800-507-4495 (A/C, Ext): FAX: 800-589-7316 A/C, No): E-MAIL L ADDRESS: service@threeinsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURER A : Berkshire Hathaway Direct Insurance Company 10391 INSURED INSURER B : Edgardo Torres DBA Towers Electric 39249 Leopard St Ste A-105 INSURER C Palm Desert, CA92211-1146 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUB POLICY POLICY POLICY EXP LIMITS INSD R NUMBER EFF (MM/DD/YYYY WVD (MM/DD/Y ) YYY CP140202443P2 12/12/2023 12/12/2024 EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 023 DAMAGE TO RENTED $ 100,000 CLAIMS -MADE X� OCCUR PREMISES (Ea occurrence VIED EXP (Any one person) $ 5,000 x x PERSONAL & ADV $ 1,000,000 INJURY GENERAL $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: AGGREGATE PRO- POLICY ❑ ❑ LOC PRODUCTS- $ SEE GENERAL X JEC COMP/OP AGG AGGREGATE OTHER: $ A AUTOMOBILE LIABILITY CP140202443 12/12/2023 12/12/2024 COMBINED SINGLE $ P2023 LIMIT Ea accident ANY AUTO BODILY INJURY (Per $ person) OWNED SCHEDULED BODILY INJURY (Per $ AUTOS ONLY AUTOS x x accident) HIRED ONLY NON -OWNED X PROPERTY DAMAGE $ X AUTOS AUTOS ONLY (Per accident) HIRED AND NON - $1,000,000/3,000 OWNED '000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB 7 CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION N / A CP21123202443 12/12/2023 12/12/2024 X X OTHER AND EMPLOYERS' LIABILITY Y / N SPER TATUT E ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 Y x E.L. DISEASE - EA $ 1,000,000 OFFICER/MEMBER EXCLUDED? EMPLOYEE (Mandatory in NH) E.L. DISEASE - $ 3,000,000 If yes, describe under POLICY LIMIT DESCRIPTION OF OPERATIONS below A 202443 12/12/2023 12/12/2024 OCCUR P2023 PerOccur/Aggregate $1,000,000 / 3,000,000 ERRORS & OMISSIONS X x x CYBER X PerOccur/Aggregate $1,000,000 / 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Excluded from Workers Compensation Edgardo Torres - Excluded The City of La Quinta is an additional insured on the general liability policy only in regard to work performed by the insured, per ISO endorsements CG 20 37 04 13 and CG 20 10 04 13 and CG 20 01 04 13 and CG 20 12 05 09 and or equivalent. The policy contains a blanket Additional Insured provision adding Additional Insured where required by a written contract with the insured prior to the start of work. The certificate holder is named an additional insured. Waiver of Subrogation and Blanket Additional Insured provisions are contained with Form 3PG 00 01-01121. The insurer agrees to waive our right to recover from the certificate holder to the extent required by written contract. The certificate holder has waivers of subrogation as their interest may appear (ATIMA). The policy contains a blanket waiver of subrogation where required by a written contract with the insured prior to the start of work performed by insured, per ISO endorsements CG 20 10 11 85 and or equivalent. The policy is Primary as to the losses it covers, and the insurer will not seek contribution if there is a written contract requirement between the insured and the certificate holder. Completed and Ongoing operations regarding general liability are included subject to the Each Occurrence and General Aggregate in the Commercial General Liability section for policy CP140202443P2023. The insurer will provide at least 30 days before cancellation or 10 days if for nonpayment of premium. CERTIFICATE HOLDER The City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORDs provided by Forms Boss. www.FormsBoss.com; (c) Impressive Publishing 800-208-1977 - THREE BY BERKSHIRE HATHAWAY How THREE Meets Your Insurance Requirements Your vendor has purchased a THREE policy from Berkshire Hathaway Direct Insurance Company (BHDIC). The THREE policy form is novel it's three pages long and does away with much standard insurance industry jargon. It grants coverage across multiple lines, and does not contain many of the standard exclusions. As such, many endorsements that are needed to "add back" coverage are unnecessary as those items are never excluded in the first place from the grant of coverage. We have worked with RealPage to memorialize examples of these for your records, and for that reason, you will find a copy of this document in place of any required endorsement. In reviewing a THREE policy, you should be aware that the policy's "Summary Page" is legally equivalent to a "Declarations Page" and is part of our policy form. The policy does not have any job site or other location restrictions on coverage. We can also confirm there are no residential exclusions associated with a THREE policy. We created THREE to make it easier to know what is covered, and to do away with many technical distinctions of add -backs and carve -outs. While the product is novel, THREE is backed by Berkshire's superior financial strength, as BHDIC is Rated A++ by AM Best. General Liability Requirements: The policy form 3PG 00 01-01/21 contains an automatic additional insured provision. If there is a written agreement/contract signed by our insured prior to the commencement of work that requires additional insured status for ongoing operations, additional insured status is granted on a blanket basis equivalent to CG 20 10 04 13. In addition, the coverage is primary and non- contributory as required and a waiver of subrogation is included when required equivalent to CG 20 0104 13 and CG 24 04 10 93. The policy form 3PG 00 01-01/21 contains an automatic additional insured provision. If there is a written agreement/contract signed by our insured prior to the commencement of work that requires additional insured status for completed operations, additional insured status is granted on a blanket basis equivalent to CG 20 37 04 13. In addition, coverage is primary and non- contributory as required and a waiver of subrogation is included when required equivalent to CG 20 10 04 13 and CG 24 04 10 93. The THREE policy itself does not distinguish between ongoing/completed operations, and does not have any job site or location restrictions on work. J THREE BY BERKSMIRE MA rHAWAY Auto Liability Requirements: The policy form 3PG 00 01-01/21 contains an automatic additional insured provision. If there is a written agreement/contract signed by our insured prior to the commencement of work that requires additional insured status for auto liability, additional insured status is granted on a blanket basis equivalent to CA 20 01 10 13. In addition, the coverage is primary and non- contributory as required and a waiver of subrogation is included when required equivalent to CA 04 49 11 16 and CA 04 44 03 10. Workers Compensation Requirements: The policy form 3PG 00 01-01/21 contains an automatic waiver of subrogation provision. If there is a written agreement/contract signed by our insured prior to the commencement of work that requires a waiver of subrogation, waiver of subrogation is granted on a blanket basis equivalent to WC 00 03 13. Pete Shelley Brad Rosen President, BHDIC Counsel, BHDIC Laurie McGinley From: Abraham Han <ahan@cjpia.org> Sent: Thursday, February 29, 2024 1:08 PM To: Laurie McGinley Subject: RE: La Quinta Insurance Question: Towers Electric You don't often get email from ahan@cjpia.org. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Hi Laurie, Good catch! Sounds good and no worries! I'll stand by. Have a great rest of the week and weekend! Thanks, Abraham Han. ARM Senior Fisk Manager Da€iforrlia J0iril Powers Insurance Authority 8081 Moody Street_ La Palma, CA 90623 t 562.467.3778 rat 552.455.9640 C A I. r F 0 R N I A ahanQrj#ia.org cjpia.cr0 From: Laurie McGinley <Imcginley@laquintaca.gov> Sent: Thursday, February 29, 2024 12:24 PM To: Abraham Han <ahan@cjpia.org> Subject: RE: La Quinta Insurance Question: Towers Electric *CAUTION: External Sender. Do not click links or open attachments unless you recognize the sender and know the content is safe.* Hi Abe, That makes sense. I did see this highlighted language in the certificate: The policyt;}rm 3PG W 01-01/21 cutsrains an Automatic Wl�-Aiulsai insweLlprovision. Iftlsare is a written agreemetsC'coAtract signed by our insw-ed prior to die commencement of work that t-,,,quires additional insured status for onSoiug operations_ additional insured status is granted on a blznkct basis cquivalout to CO 20 10 04 13. In addition. the coverage is primary and non- contributory as requircd and a waive of subrogation is inchidcd whcn requirA Cquivalent to CG 20 (1 l 04 13 and C'G 24 04 10 1�3. We will reach back out to them to see if we can get clarification or additional policy information, and I will let you know if we have further questions. Thank you so much for your time and quick responses!! Have a great upcoming weekend if we don't speak before. Laurie McGinley I Deputy City Clerk City Clerk's Office City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7123 Main: 760.777.7000 www.laquintaca.gov From: Abraham Han <ahan@cipia.org> Sent: Thursday, February 29, 2024 12:10 PM To: Laurie McGinley <Imcginlev@laquintaca.gov> Subject: RE: La Quinta Insurance Question: Towers Electric You don't often get email from ahan@cipia.org. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Hi Laurie, Thanks for checking in. I only had one other regional risk manager hear of THREE. She mentioned that the one thing the policy did not address for her member agency was an endorsement for primary/non-contributing (i.e., coverage provided by permittee is primary and insurance maintained by the City shall not be required with it). Since that seemed to be a sticking point in her experience, I think that primary/non-contributing portion might be good to double check. Other than that, it is a bit difficult to say whether the policy would suffice. If there is a policy or even a draft policy available, I could take a quick glance. However, I believe you previously mentioned that only the two attachments were provided. Thanks, Abraham Han, ARM Senior Risk Manager California .taint Powers Insurance Authority 8081 Moody Street. La Palma, CA 90623 t 562.467.8778 m 552.455.9840 :-A i I F 47 R -N[ A ahan Cjpia.org cjpia.or0 000 From: Laurie McGinley <Imcginley@lag uintaca.gov> Sent: Thursday, February 29, 2024 11:59 AM To: Abraham Han <ahan@cipia.org> Cc: Laurie McGinley <Imcginley@laquintaca.gov> Subject: RE: La Quinta Insurance Question: Towers Electric *CAUTION: External Sender. Do not click links or open attachments unless you recognize the sender and know the content is safe.* Hi Abe, I wanted to see if you were able to obtain any additional information on the "THREE" document? The applicant is anxious for our response. Thank you! Laurie McGinley I Deputy City Clerk City Clerk's Office City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7123 Main: 760.777.7000 www.laquintaca.gov From: Laurie McGinley Sent: Wednesday, February 28, 2024 3:47 PM To: Abraham Han <ahan@clpia.org> Subject: RE: La Quinta Insurance Question: Towers Electric Hi Abe, No other documents were provided — thank you for looking into this! Laurie McGinley I Deputy City Clerk City Clerk's Office City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7123 Main: 760.777.7000 www.laquintaca.gov From: Abraham Han <ahan@cipia.org> Sent: Wednesday, February 28, 2024 3:44 PM To: Laurie McGinley <Imcginlev@laquintaca.gov> Subject: RE: La Quinta Insurance Question: Towers Electric You don't often get email from ahan@cipia.org. Learn why this is important EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Hi Laurie, I have never seen something like that. At first glance, it looks like there could be issues. However, I will ask around to see if it might suffice. Were there any other documents provided (aside from the two attachments in your email)? In particular, I'd be curious to review the Berkshire Hathaway's policy forms (if they have already been provided). Thanks, Abraham Han, ARM Senior Risk Manager California Jaint PiDwers Insurance Authority 8081 Moody Street. La Palma, CA 90623 t 562.467.8778 m 562.455.9840 i I r L) R N I A ahan cjpia.org I'- . , . ,� cjpia.org From: Laurie McGinley <Imcginley@lag uintaca.gov> Sent: Wednesday, February 28, 2024 2:44 PM To: Abraham Han <ahan@clpia.org> Cc: Laurie McGinley <Imcginley@laquintaca.gov> Subject: La Quinta Insurance Question: Towers Electric *CAUTION: External Sender. Do not click links or open attachments unless you recognize the sender and know the content is safe.* Hi Abe, Our Associate Engineer, Amy Yu, sent the below email and attachments. I have never seen a document explaining why the insurance carrier (Berkshire Hathaway) doesn't need to provide endorsements, however, the letter seems to confirm the endorsements apply to the policy. The City is requesting insurance in order to issue an encroachment permit to Towers Electric (named insured). Will this letter suffice in place of endorsements? Please give me a call if you'd like to discuss or if you have any questions. Thank you!! Laurie McGinley I Deputy City Clerk City Clerk's Office City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7123 Main: 760.777.7000 www.laquintaca.gov From: Amy Yu <Ayu@laguintaca.gov> Sent: Wednesday, February 28, 2024 1:34 PM To: Monika Radeva <mradeva@laquintaca.gov>; Laurie McGinley <Imcginlev@lag uintaca.gov> Subject: Insurance - Towers Electric Hi Monika or Laurie Can you let me know if the attached insurance endorsements are good. His insurance company said that the information at the bottom of the certificate is enough to cover the endorsements. They also sent him the attached document explaining why that is. Thank you 0 Amy Yu I Associate Engineer City of La Quinta - Public Works J4 16 a, W"a 78495 Calle Tampico - La Quinta, CA 92253 (;ALIFOKNIA ! Ph. 760.777.7047 Main: 760.777.7000 www.laquintaca.gov www.playinlaquinta.com From: Edgar Torres <info@towerselectricians.com> Sent: Wednesday, February 28, 2024 12:35 PM To: Amy Yu <Avu@laquintaca.gov> Subject: Re: ISSUED Encroachment Permit ENC2024-0025 - Replace IID Vault Lid on Hwy 111 and Costco Dr - Towers Electric My insurance company said that the information at the bottom of the certificate is enough to cover the endorsements. They also sent me a document explaining why that is, I attached it. On Tue, Feb 27, 2024 at 3:09 PM Amy Yu <Ayu@laquintaca.gov> wrote: Hi Edgar, Do you have the three endorsements? Please email them to me. Thank you O General Liability — Additional Insured Endorsement (for ongoing and completed operations) O General Liability — Primary / Non-contributory Endorsement O Workers' Compensation —Waiver of Subrogation Endorsement Amy Yu I Associate Engineer ta 0"Cra City of La Quinta - Public Works CALIFORNIA 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7047 Main: 760.777.7000 www.laquintaca.gov www.playinlaquinta.com