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HomeMy WebLinkAbout2021-020 M P Annex, LLCCITY OF ATASCADERO CONTRACT NUMBER: Q6 a. i - C F. IMPROVEMENT AND REIMBURSEMENT AGREEMENT This Improvement and Reimbursement Agreement ("Agreement") is made and entered into by and between the City of Atascadero, a municipal corporation, hereinafter referred to as "City," and M P Annex, LLC, hereinafter referred to as "Developer." The City and Developer are collectively referred to herein as the "Parties". This Agreement shall be effective on the date the Agreement is signed by the City ("Effective Date"). RECITALS A. Developer is completing a commercial development conditioned by City of Atascadero Planning Commission Resolution 2019-0031, dated November 5, 2019, including a Conditional Use Permit and Lot Line Adjustment for the Commercial Center at 1990, 1920 and 1950 El Camino Real. The subsequent plans submitted to the City for review (permit PIP 19- 0084) were named Del Rio Commercial Development Public Improvement Plans at 1920 El Camino Real, located at the northwest corner of Del Rio Road and El Camino Real ("Approved Development"). B. In addition to the Developer completing certain offsite improvements during the Approved Development per such Approved Development's Conditions of Approval ("Developer Improvements"), the City has requested that Developer complete additional improvements as outlined in Attachment "A" and herein referred to as the "Reimbursable Improvements", which improvements are not a part of the Conditions of Approval and include primarily Del Rio Road frontage improvements (retaining wall, AC Dike, storm drain inlet, storm drain pipe and connection to existing storm drain manhole (and trenching), paving outside of the Approved Development, grading and fill for retaining wall and road, guard rail, traffic signal improvements/modifications, and curb ramp on southwest corner of Del Rio and El Camino Real The Developer has agreed to complete the Reimbursable Improvements for the City at the same time as the Developer Improvements. NOW, THEREFORE, the parties agree as follows: 1. Reimbursement for Costs. The City agrees to reimburse Developer for the costs associated with the Reimbursable Improvements, including the cost for design (including survey work), coordination, construction, and cost to develop the cost sharing agreements. For construction, the City will reimburse the Developer on a monthly basis subject to progress payment requests. See Paragraph 13 below for Partial Payment for Reimbursable Improvements. (a) For non -construction costs related to the Reimbursable Improvements, including but not limited to, design (including survey work), bonding costs, permit costs, coordination, and cost to develop the cost sharing agreements, the City shall reimburse when invoice(s) are submitted with the detailed information of the time and materials spent by Developer and consultants. (b) Developer to be responsible to provide the City itemized invoices showing work was specifically for Reimbursable Improvements. City Engineer, or designated CAM #4830-6877-8481 v1 representative, shall review and approve according to City procedures. Subject to submission of required invoicing, the City will reimburse Developer on a monthly basis. 2. Reimbursement Improvement Contract. Developer shall enter into a separate contract for all work related to the Reimbursable Improvements (the "Reimbursable Improvement Contract"). The Reimbursable Improvement Contract must attach the Addendum in the form set forth in Attachment "B". Developer must submit Reimbursable Improvement Contract to the City for approval prior to execution to ensure the appropriate details are included. 3. Encroachment Permits. Developer (and Contractors) will also be required to obtain a separate Encroachment Permit to complete the Reimbursable Improvements. The Encroachment Permit will include, among other provisions, requirements for indemnity of the City and insurance. A sample Encroachment Permit is attached hereto as Attachment "C". 4. Performance of Work. Developer agrees to furnish, construct and install at the Developer's initial expense the Reimbursable Improvements as shown on the plan and specifications, a copy of which is on file in the office of the City Engineer, along with any changes or modifications as may be required by the City Engineer due to errors, omissions, or changes in conditions. The plans and specifications of the Reimbursable Improvements may be modified by the Developer and/or City as the development progresses, subject to the prior written approval of the City Engineer. The total estimated cost of the Reimbursable Improvements, as determined by the City Engineer, is Six Hundred and Eighty -Seven Thousand Dollars ($687,000) for bonding purposes. The actual amount to be paid for the work shall be actual costs incurred in performing the Reimbursable Improvements. 5. Work; Satisfaction of City Engineer. All of the work on the Reimbursable Improvements shall be done at the places, of the materials, and in the manner and at the grades, all as shown upon the approved plans and specifications and the City's Improvement Standards and Specifications, to the satisfaction of the City Engineer or the designee of the City Engineer. Developer shall protect, maintain and repair all Reimbursable Improvement work installed by Developer prior to the acceptance of the Developer and Reimbursement Improvements. 6. Injury to Public Improvements, Public Property or Public Utilities Facilities. Developer shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or property monuments which are destroyed or damaged in the performance of any work under this Agreement. Developer shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political division thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the City Engineer. 7. Inspection by -Ci ty. Developer shall at all times maintain proper facilities and safe access for inspection of the Reimbursable Improvements by City and to the shops wherein any work is in preparation. Upon completion of such work, the Developer may request a final inspection by the City Engineer or the City Engineer's representative. If the City Engineer or the 0 CAM #4830-6877-8481 v1 designated representative determine that the work has been completed in accordance with this Agreement, then the City Engineer shall recommend the acceptance of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and the City Council has taken action to accept the improvements. Developer shall bear all costs of plan check, inspection and certification. 8. Developer's Obligation to Warn Public During Construction. Until final acceptance of the Reimbursable Improvements, Developer shall give good and adequate warning to the public of each and every dangerous condition relating to the Reimbursable Improvements and will take reasonable actions to protect the public from such dangerous condition. 9. Superintendence by Developer. Developer shall be responsible for the supervision of the Reimbursable Improvement work. Developer shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Reimbursable Improvements. In addition, Developer shall maintain an office with a telephone and Developer or a person authorized to make decisions and to act for Developer in Developer's absence shall be available on the job site within three (3) hours of being called at such office by the City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Reimbursable Improvements. Furthermore, Developer shall designate and provide contact information for a qualified representative who is familiar with the Reimbursable Improvements and is available for after hours and weekend urgencies during construction of the Reimbursable Improvements. 10. Time for Completion of Performance. The Reimbursable Improvement work shall be completed within two (2) years of the Effective Date of this Agreement (hereafter "Completion Date") unless the City has extended the Completion Date in the manner provided by Paragraph 11 of this Agreement. The Reimbursable Improvements shall not be deemed to be completed until accepted in writing by the City. 11. Time of Essence: Extension. (a) Time is of the essence of this Agreement. The City Engineer may extend the Completion Date for a maximum of an additional two (2) years. Any extensions of the Completion Date by the City Engineer shall be in the sole and complete discretion of the City Engineer, subject to day for day extensions for force majeure or City caused delays. All other extensions of the Completion Date shall be made only by the City Council. Extensions shall be granted only upon a showing of good cause by the Developer at a City Council meeting. Any extensions of the Completion Date by the City Council shall be in the sole and complete discretion of the City Council. (b) Requests for extension of the completion date shall be in writing and delivered to the City in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City. 3 CAM 44830-6877-8481 vi (c) If the City extends the time for completion of the any work on public improvements, such extension may be granted without notice by the City to the Developer's surety and shall in no way release any guarantee or security given by the Developer pursuant to this Agreement nor relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have waived notice of any such extensions and expressly agreed to any such extension of time. (d) In granting any extension of time, the City may require new or amended improvement security in amounts increased to reflect increases in the costs of constructing the Reimbursable Improvements or impose other conditions to protect its interests and ensure the timely completion of the Reimbursable Improvements. 12. Utility Undergrounding and Relocation Costs. Developer shall assume all costs for utility and cable television undergrounding and/or relocation, if any, which is not the responsibility of the cable television, gas, electric, telephone, or other utility company under the terms of the franchises with the City or otherwise imposed upon the utility companies by law. 13. Partial Payments for Reimbursable Improvements. Between the 1st and 5th day of each month, the City Engineer, or designated representative, along with the Developer, or designated representative, shall make an approximate estimate of the value of the work done during the prior month. Whenever the said estimate or estimates of work done since the last previous estimate exceeds Three Hundred Dollars ($300.00) in amount, ninety-five percent (95%) of such estimated sum will be paid to the Developer on or before the 30th day of the that month, with the remaining five percent (5%) retained by the City until final completion of all Reimbursable Improvements. (a) The estimated value of work done may include seventy-five percent (75%) of the net invoice value of acceptable nonperishable materials delivered to the work site. Developer shall furnish to the City Engineer such detailed information as he may request to aid hien as a guide in the preparation of the estimate. (b) It is understood that the estimates from month to month will be approximate only and all monthly estimates and payments will be subject to correction in subsequent estimates, and the making of progress payments shall not in any respect be taken as an admission of the City of the amount of work done or of its quality or sufficiency, nor as an acceptance of the work or release of Contractor/Developer of any responsibility under their Contract. (c) No such estimate or payment shall be required to be made when, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the Developer's Contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than Three Hundred Dollars ($300.00). 14. Improvement Security. Concurrently with the execution of this Agreement, the Developer shall furnish the City with: 4 CAM #4830-6877-8481 v1 (a) Payinent Bond. Developer shall also provide a Payment Bond to secure payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them for the Reimbursable Improvements work (the "Payment Bond"). This Payment Bond shall be in the amount of 100% of the total estimated cost of the Reimbursable Improvements work as determined by the City Engineer and shall secure the obligations set forth in California Civil Sections 9550 and 9554. (b) Guarantee and Warranty Security. Developer shall also file with this Agreement a "guarantee and warranty security" in the amount of ten percent (10%) of the total estimated cost for the Reimbursable Improvements, as determined by the City Engineer, to guarantee and warrant the Reimbursable Improvements for a period of one year following their completion and acceptance by the City Council against any defective work or labor done, or defective materials furnished. (c) All required securities shall be in a form approved by the City Attorney. (d) Any bonds submitted as security pursuant to this section shall be executed by a surety company authorized to transact a surety business in the State of California. These bonds shall be furnished on the forms enclosed following this Agreement and shall be satisfactory to the City. The bonds shall be obtained from a responsible corporate surety (or sureties) acceptable to the City, which is licensed by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety (or sureties) shall furnish reports as to its financial condition from time to time as requested by the City. The premiums for said bonds shall be paid by Developer. (e) Any bonds submitted as security pursuant to this paragraph shall be furnished by companies who are authorized and licensed by the Insurance Commissioner as "admitted surety insurers." Bonds must be approved by City. Before approving the proposed surety and in order to assess the sufficiency of the Surety, the Surety shall provide the City with an original of a certificate from the clerk of San Luis Obispo County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted. (f) No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties. (g) The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer and as provided in Paragraph 15. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Developer's completion of the Reimbursable Improvements, whether or not the surety is given notice of such an extension by the City. (h) The Attorney -in -Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his 5 CAM 44830-6877-8481 v1 authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. 15. Release of Security. Any partial or complete release of any security must be approved by the City Council, and any partial or complete release that has not been approved by the City Council shall be null and void. 16. Inspection and Other Fees. The Developer shall pay to the City all fees imposed in connection with the construction and inspection of the Reimbursable Improvements. These fees must be paid in full prior to the City's acceptance of the Reimbursable Improvements. The fees referred to above are not necessarily the only City fees, charges or other costs that have been, or will be, imposed on the Reimbursable Improvement work, and this Agreement shall in no way exonerate or relieve the Developer from paying such other applicable fees, charges, and/or costs. 17. Defense, Indemnification and Hold Harmless. To the fullest extent permitted by law, the Developer, and its contractor, shall indemnify, defend and hold harmless, City and any and all of City's boards, officers, employees, agents, assigns, and successors in interest through legal counsel reasonably acceptable to the City, from and against any and all claims losses, demand and expenses, including, but not limited to, attorney's fees and cost of litigation, on account of bodily injury, including death, or property damage arising out of or in any way connected to the work performed by Developer under this Agreement. Without affecting the rights of City under any provision of this Agreement, Developer shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Developer will be for that entire portion or percentage of liability not attributable to the active negligence of City. (a) This defense, indemnification and hold harmless provision shall extend to claims, losses, damage, injury, costs, including attorney fees, and liability for injuries occurring after completion of the construction of the Reimbursable Improvements as well as during construction, and shall apply regardless of whether or not the City has prepared, supplied or approved the plans and/or specifications for the Reimbursable Improvements or has inspected or accepted the same. Acceptance of insurance required under this Agreement shall not relieve Developer from liability under this defense, indemnification and hold harmless provision. (b) The parties intend that this provision shall be broadly construed to effectuate its purpose. 18. Environmental Warranty. (a) Prior to the acceptance of any dedications or improvements by City, Developer shall certify and warrant that: neither the property to be dedicated nor Developer are in violation of any environmental law and neither the property to be dedicated nor the Developer 6 CAM #4830-6877-8481 v1 are subject to any existing, pending, or threatened investigation by any federal, state or local governmental authority under or in connection with any environmental law. Neither Developer nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance, except in compliance with all applicable enviromnental laws. Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. Developer's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. Developer shall give prompt written notice to City at the address set forth herein of: (i) Any proceeding or investigation by any federal, state or local govenunental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; (ii) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and (iii) Developer's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or suit under any environmental law. (b) As used in this Agreement, the term "hazardous substance" includes any hazardous or toxic substance or material or waste, including but not limited to all types of gasoline, oil, and other petroleum hydrocarbons, asbestos, radon, polychlorinated biphenols (PCBs), or any other chemical, material, controlled substance, object, condition, waste, living organism or any combination thereof which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful properties of effects, which is now, or in the future becomes, listed, defined or regulated in any manner by any federal, state, or local City based directly or indirectly upon such properties. 19. Developer's Insurance. Developer is required to comply with the insurance requirements included in the Encroachment Permit (see Attachment "C") for work related to the Reimbursable Improvements. 20. Prevailing Wage. Reimbursement Improvements will be subject to Prevailing wage requirements according to Attachment B. The Developer shall pay all penalties and wages as required by applicable law, and hold harmless, defend and indemnify the City for any liability the City may have for penalties and wages as required by applicable law. 21. Title to Reimbursable Improvements. The City shall not accept any real property to be dedicated or the Reimbursable Improvements unless they are constructed in conformity 7 CAM #4830-6877-8481 v] with the approved plans and specifications, approved modifications, if any, the approved final or parcel map, and City Improvement Standards and Specifications, to the satisfaction of the City Engineer. Until such time as the Reimbursable Improvements are accepted by the City, Developer shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. (a) Title to and ownership of any real property to be dedicated and the Reimbursable Improvements constructed under this Agreement by Developer shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Reimbursable Improvements unless title to the Reimbursable Improvements is entirely free from lien. Prior to acceptance, Developer shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City. 22. Repair or Reconstruction of Defective Work. If, within a period of one year after final acceptance by the City Council of the Reimbursable Improvements, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Developer shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Developer fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Developer can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Developer shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City. If the Developer fails to comply with the provisions of this Paragraph, then the Surety shall be required to do so. 23. Developer Not Agent of City. Neither Developer nor any of Developer's agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Developer's obligations under this Agreement. 24. Notice of Breach and Default. The following shall constitute a default under this Agreement: If Developer refuses or fails to prosecute the work on the Reimbursable Improvements, or any part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to complete the Reimbursable Improvements within such time; if Developer should be adjudged a bankrupt, or Developer should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency; or if Developer or any of Developer's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement. In the event of Developer's default, Developer shall be deemed to be in breach of this Agreement and the City may serve written notice upon Developer and Developer's surety, if any, of the breach of this Agreement. Developer shall have fifteen (15) days from receipt of written notice by City to cure any default. 25. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail, postage prepaid. 8 CAM #4830-6877-8481 v1 Notices required to be given to City shall be addressed as follows: City Engineer City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Notices required to be given to Developer shall be addressed as follows: Clint Pearce, Manager M P Annex, LLC 284 Higuera St., San Luis Obispo CA 93401 Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 26. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. 27. Attorneys' Fees. If any legal action is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees, in addition to any other relief to which it may be entitled. 28. Personal Nature of Developer's Obligations/Assi nment. All of Developer's obligations under this Agreement are and shall remain the personal obligations of Developer notwithstanding a transfer of all or any part of the Project, and Developer shall not assign any of its obligations under this Agreement without the prior written consent of the City. 29. Acquisition and Dedication of Easements or Rights -of -Way. The parties acknowledge that parts of Reimbursable Improvements are to be constructed or installed on land that is being obtained by the City from Developer via separate agreement. If additional property is required with no existing public right-of-way, no construction or installation shall be commenced before: (a) The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Reimbursable Improvements, or (b) The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law. Developer shall comply in all respects with any such order of possession. (c) Nothing in this paragraph shall be construed as authorizing or granting an extension of time to Developer for completion of the Reimbursable Improvements. 9 CAM #4830-6877-8481 v1 30. Compliance with Laws. Developer, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement, including but not limited to obtaining all applicable permits and licenses. 31. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Developer's rights with respect to any change in any zoning or building law or ordinance. 32. Approvals by City. Any approval or consent that is to be given by the City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on the City. 33. Construction and Interpretation. It is agreed and acknowledged by Developer that the provisions of this Agreement have been arrived at through negotiation, and that Developer has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement. 34. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. A memorandum of this Agreement shall be recorded in the Office of the Recorder of San Luis Obispo County. This Agreement shall constitute a covenant running with the land and an equitable servitude upon the real property within the Project. 35. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties. 36. Actions. Any action by any party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of San Luis Obispo, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California. 37. Integration. This Agreement is an integrated agreement; it supersedes all prior negotiations, representations, or agreements, either written or oral, with regard to the Reimbursable Improvements. 38. Modification. This Agreement may be amended only by a written instrument signed by the parties. Developer shall bear all costs of amendments to this Agreement that are requested by the Developer. 39. Execution of Agreement. This Agreement may be executed in counterparts and signed and transmitted electronically with the same full legal force and effect as an executed original. 10 CAM #4830-6877-8481 v1 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Date: ATTEST: CITY OF ATASCADERO \ achelle Rickard, City Manager APPROVED AS TO FORM: Brian A. Pierik, City Attorney PROVED AS TO CONTENT: Nicholas D. DeBar, 4fity Engineer M P ANNEX, LLC a California limited liability company By: Clint Pearce, Manager 11 CAM #4830-6877-8481 vl IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Date: ATTEST: Lara Christensen, City Clerk APPROVED AS O FORM: Brian A. Pierik, City Attorney APPROVED AS TO CONTENT: Nicholas D. DeBar, City Engineer CITY OF ATASCADERO Lo Rachelle Rickard, City Manager M P ANNEX, LLC a California limited liability company f By - Clint Pearce, Manager 11 CAM #4830-6877-8481 v] ATTACHMENT "A" REIMBURSABLE IMPROVEMENTS July 1, 2021 " Items Highlighted in green within Reimbursable Improvements Area are Developer Responsibility. Attachment A — _No work outside of future public ROW is included in Exhibit of Reimbursable Improvements Reimburseable Improvements for Specific Plan Amendment at 1920 EI Camino Real - EL CAMM PYAL ..� —� pro°errrent� m —.----ate •' e dRs i 4I• EL CAMINO REAL'—G PLAN VIEW Reimburseable CONSTRUMON NOM lo �.,wprQGna p�rrt ]a�. o Reimbursable @=1 1."=1 =144.>X,l— Improvements 0 m,mc smnx�X� ¢ter �R�'° xsrut,vnw s vvGGarEe xg IDwrr rim mrsr�crivi wrwu°gmrt�"Um.�v IT Q5¢ taunt • n.1x ,xo n rs_ ©qu,Es¢Fv,nvis 0 vRc2c�m Rn¢ [AmKTciO'.uxwi wv° xyL — — /�Q�}HppDFSppM��u��1 eM�{o/'Aycf��4,�9 94.14 RR murx 9p�4 RAvf. yay�llaVL. NO'IFS mp ,LL SErfA .°en m �xG,�,Gna nr rag p ow.� a aouamp.. Be0 Improvements Dashed line represents limits of Developer Improvements prior t quest for Reimbursable Improvements for Del Rio AMINO REAL — PROFILE VIEW __ s.fo,ranw sfcnw :o filum p.vf narEs. Ga. u¢s{iY up.J ,00 eaY 1Y Y ,sE-� nWul sa4 —CT X09 GEN I m, unf MenxG 1urc m,.n vnc e.1f nrwxc VnE smf I mm.cnm - ]. mE SrnRn�eLL YCnd HUL e[ onvew[G ,r mf IAVC Gux n�E s CVRm.KM.x wG B,sD w ne' 9+9p,LE I - e' ( le' .q I v -"art �m ,marc map _Inv, vww m ----------- r EL CAMINO REAL TYPICAL SECTION EL CAMINO REAL A.C. PAVEME14T SECTION sr,. iw]n ro sru �I.ie fmwc am ri.].s n.v: � C na non �,fine�Gu a "a.�IGI ;raw,: h-/eea ,�oJars / t+ nc¢ssun 1 eewr. v\s�. vurw cosi_ _ r» rz O/ of AOA CORK RAMP DUAIL e V r- I III. I I o I uard rail and Cable I o Wall: Reimbursa �\nt Railing on top of Wall City I � \ Responsibility o-\See C4 for small area of AC that - -� "-"�°°° - - is Developer Responsibility J)m R ROAD 4. DEL RIO ROAD — PLAN VIEW Reimbursable Developer :nwx, m Improvements I Improvements 850 870 860 e 880 880 870 870 9 3 8 w •_ e R d 1z , m www CONMUC M NOM C) O W W P—T . ­ ® -..T.m nro ,m 4 880 GE7gERAL NOM 870 .ww m c°°smucne. w ux w o.uuf w rrtw.m,wr. — 860 860 860 22+50 23+00 24+00 24+75 0+75 1+00 2+00 2+25 DEL RIO ROAD — PROFILE VIEW CURB RETURN — PROFILE VIEW 3 IT 6 € r r zxr srconunw secnw «w gzm� Ac v,scw+r r o`�ie:xs• s• it u.i'm a .zxs e °aso�var :zos wur w xerw wui w °emw.m ,r ..s easox re wx s cwsmucno° um e,sm w mx s,..wuc ° xus wn, . murx iwn;. - x.s ..ww s° .s'. � cws.vurnw. M smuvwu saxrar ,c ...z.m,r asm/,. ..°acr � zo wux7 DELFUOROAD TYPICAL SECTION xez 1 DEL RIO ROAD A.C. PA\4TAENT RECTION }z 2 AOA CURB RAMP DETAIL REVISIONS CITY _OF ATASCAD�ER 4 e 1' AT E:rxrax.. cannon ,e Ws�.° ao'wx ° 6«�« °� DEL RIO COMMERCIAL DEVEL 1920 EL CA RTA ... e _ * * STREET IMPROVEMVEMENTI i '4 et;Lx- � c lie tt�. ris7iae. `" x. 05272021 en C ni 870 sl B60 i 858 —0 - WE 11O / �,rij�♦lp�1i7►� �� Effi 04 .• � / SII _ ' RETAINING WALL— PROFILE VIEW �0nn .?�9;H noe4ue•o «..m>w,.., � rxv. oma• n �u�:a�� ,P_.otwtfs sn,ias 870 850 858 L+25 CONSIRUCnON NOTES 0 m- •,, rowrii v.�., ..vain �i .m,..c s,v vcv cum..s sm .u. m -e sm ss 0 rnn9.ar°Ecc a,.a'va'�`s•w cum..s ..ut .,v GPNEM NOM REVISIONS CITY OF ATASCADERO atIPf10xRcE CITYPUBIK IMPROVEME.R MNS Po0. DEL RIO COMMERCIAL DEVELOPMENT 1920 EL CAMINO REAL o •� o RETAINING WALL PLAN & PROFILE o� a osmrza2i 67 za ,o - s i I i I _O.e I I I� ni 870 sl B60 i 858 —0 - WE 11O / �,rij�♦lp�1i7►� �� Effi 04 .• � / SII _ ' RETAINING WALL— PROFILE VIEW �0nn .?�9;H noe4ue•o «..m>w,.., � rxv. oma• n �u�:a�� ,P_.otwtfs sn,ias 870 850 858 L+25 CONSIRUCnON NOTES 0 m- •,, rowrii v.�., ..vain �i .m,..c s,v vcv cum..s sm .u. m -e sm ss 0 rnn9.ar°Ecc a,.a'va'�`s•w cum..s ..ut .,v GPNEM NOM REVISIONS CITY OF ATASCADERO atIPf10xRcE CITYPUBIK IMPROVEME.R MNS Po0. DEL RIO COMMERCIAL DEVELOPMENT 1920 EL CAMINO REAL o •� o RETAINING WALL PLAN & PROFILE o� a osmrza2i 67 za CONSTRUCTION Noum 0 72— r�F Ir FO FO © owaE-aEol oErzcrov uzvevr vm .y.w.c sm. QI-I/z- uTv sww¢ mo<cnw av .u.w.< sm. xl � c c c le c c � �e c Q . w.,w stm,¢ cv«zcnw vw wu.c sm wl c c I I • -•--r•— " —• ae'�''-r'(ess�emxl i I Q' m.� ./sEwn urtnu rEv on rr .n,c.owa sm. Eaz x -- ---x------------� Er------„---- --------------- ---- wll. (ee.elxl _ ��--� _ ti— �vcw�vPc e.m � lo.m _ evzr. n' swx ' msr. I sm. ��'E 1 - (niwjx zn.Eo w nc naa um ...r rs m<w. a IUESE ns� —7' — sfl•. O a a wEow,,,�. E.o.E ----------------=------ , �---- ents� mnw Impro ---}— _ - _=�-- � --- � — • -- - — — , '' � °�' -- --,.i-- ° , �— . x — — w� � o wer,LL . � .a .K.G sm. »I. I — _— ___i IY wv w(ea.06.e) s ( 'I ' / 1 r v •nwosm s IIEnwT w.w.r wrs as neMn[o. EL CAMIN A —PAN I W Reimbursable. Improvements GENERT rtylsg �\��\ mux.c u„R,m ro w.ml I,.nmm 2—f— _� Y i mIE mal.Emrz.LLoers.�-m .m,,<,7 m ” _ eao 0 —.— ea <: W. eEnoru. m.mmmn .. I, — I I �I mux s<aE wn near m.r ew�'.E ., fe ,; } 1 _ I I T7' wo19n4.5 nEEES3.'n, i i ob 1 I _ pCll ltLM-VnrtltS an view reB70 —"---�7 e '� T f ise _ salsa 870 IReimb�rsable Improvements •^^•�Ee I — e — ;�� �excOpt as noted bUove l w. (eel olz s O \ I q I 860 860 / 5 �5 e -^a e i I ISI I II II II I !• I 850+25 ` 0+00 s 1a000 K 1,(55 DEL RIO ROAD — PLAN VIEW DEL RIO STA. 24+48 SD CROSSING — PROFILE VIEW K.tz. nvez I _zo SUI£ rgaL I . M: ,Enr. I' . Y REVISIONS CITY OF ATASCADERO �c lupw Eu�u p� Po. J.r.�a.°,"�� `� o. E DEL RIO COMMERCIAL DEVELOPMENT Cannon n T 1920 EL CAMINO REAL co o + UTLILITY IMPROVEMENT PLAN p� D" � OW11021' Ce9 z NOTES (THIS SHEET ONLY): 1. SIGNAL HEADS AND ANY CONTROLLER CABINET EQUIPMENT TO BE REMOVED ARE TO BE SALVAGED. OTHER SIGNAL EQUIPMENT, INCLUDING POLES AND MAST ARMS, ARE TO BECOME PROPERTY OF CONTRACTOR. 2. WHERE AN RC NOTE POINTS TO A POLE SHAFT, CONTRACTOR SHALL REMOVE THE POLE AND ALL SIGNS, SIGNAL HEADS, AND OTHER EQUIPMENT ON THE POLE. 3. POLES, EQUIPMENT, CONDUITS, OR PULL BOXES WITH NO NOTATIONS ARE EXISTING TO REMAIN. LEGEND (FROM CALTRANS STANDARD PLAN ES -1A) A® ABANDON. IF APPLIED TO CONDOR, REMOVE CONDUCTORS, FA FOUNDATION TO BE ABANDONED. li I I: AB I J 1: iAB: 1 I til ® EQUIPMENT OR MATERIAL TO BE REMOVED AND BECOME THE PROPERTY OF THE CONTRACTOR. EL CAMINO REAL_ 01 B 06P FA i` I Q G7 "EI Camino Real" �C i i PPB(06P) I .IJ II R/W ((� I I Q AB 1:1 I Green areas denote Developer Improvements All other work is under Reimbursable Improvements :\AAA\SLX\ATA\ATA034 Del Rio—EI Camino Signal Mod\ACAD\ATA034—F.dwg I 1 AB II ``�� I N LA R73-3 G7 "Del Rio Rd" PPB(04P) .I —PE. SUR IGUU- YLAIV], IM U 1 2 3 ORIGINAL SCALE IS IN INCHES EQUIPMENT TO BE REMOVED: 1. SOUTHWEST CORNER MAST ARM POLE AND EQUIPMENT (POLE A) 2. NORTHWEST CORNER MAST ARM POLE AND EQUIPMENT (POLE C) 3. NORTHWEST CORNER TYPE 1 POLE AND EQUIPMENT (POLE E) 4. ALL NORTHWEST CORNER SIGNAL PULL BOXES (3) EQUIPMENT TO BE ABANDONED IN PLACE: Z °a 1. STOP BAR DETECTOR LOOPS (9) a: n' o 0a 2. ADVANCE DETECTOR LOOPS (6) z 3. NORTHWEST CORNER SIGNAL AND DETECTOR CONDUITS W W a J 4. STOP BAR DETECTOR HANDHOLES (4) J W 5. ADVANCE DETECTOR HANDHOLES (4) W 6. ADVANCE DETECTOR PULL BOXES (3) S a_ O o O �iZW UO EQUIPMENT TO BE REPLACED: U J W 1. HPS LUMINAIRES WITH LED LUMINAIRES (4) m 0 20' 40' 2. PUSHBUTTONS WITH AUDIBLE PEDESTRIAN SIGNALS (8) SCALE: 1"=20' 0- 3. 3. PEDESTRIAN HEADS WITH COUNTDOWN PEDESTRIAN HEADS (8) 0a1e Revidm erA'�1"=20' 0A E MAY 2021 Nu aoe '�_ ® A TA034 ORAMiN C NUMe6 •r w 1 ov 4 CONSTRUCTION NOTES (THIS SHEET ONLY) (1:' 6J6u� 11 LEGEND (FROM CALTRANS STANDARD PLAN ES -1A) _ g j ® P EXISTING MODEL 170E CONTROLLER IN TYPE 332 CABINET WITH BBS. FURNISH AND INSTALL CONDUIT INTO EXISTING PULL BOX. � INSTALL VIDEO DETECTION SYSTEM. F2 EXISTING TYPE 111 -BF SERVICE ENCLOSURE TO REMAIN. Green areas denote Developer 1' o t CONDUIT LEGEND 3 FURNISH AND INSTALL AUDIBLE PUSHBUTTON ON NEW POLE, OR REPLACE EXISTING 2"C NEW CONDUIT TO BE INSTALLED Improvements I` aQ PUSH BUTTON WITH AUDIBLE PUSHBUTTON ON EXISTING POLE, 2"c EXISTING CONDUIT ® FURNISH AND INSTALL COUNTDOWN TYPE PEDESTRIAN SIGNAL HEAD ON NEW POLE, OR REPLACE EXISTING PEDESTRIAN SIGNAL HEAD WITH COUNTDOWN TYPE PEDESTRIAN All other work is Reimbursable I = n SIGNAL HEAD ON EXISTING POLE. Improvements I 6 s ma �5 FURNISH AND INSTALL VIDEO DETECTION SYSTEM. MOUNT CAMERA ON LUMINAIRE I BJBUi 1Hi : G7 "EI Camino Real" 0 ARM WITH BRACKET RECOMMENDED BY THE MANUFACTURER. 02PEA 3 tN I - I 3 02PBA to 6 REMOVE AND SALVAGE EXISTING NPS LUMINAIRE (IF APPLICABLE). FURNISH AND R W 08P 4 I - 4 04P _. INSTALL LEOTEK GCL1-80J-MV-30K-4-GY-240-RWG-WL LED LUMINAIRE, OR - _-____-.__,.-, '08 3 04PBA m APPROVED EQUAL - u i -of—__— _ _ _. » _ 04 -041 F7 INSTALL PUSH BUTTON POST SUCH THAT THERE IS 4' (MIN) HORIZONTAL CLEAR - - 02P -4 1 - BETWEEN BACK OF CURB AND ANY PART OF POST AND BUTTON ASSEMBLY. _ OBPBA 3 " 1� � 1' I F8 FURNISH AND INSTALL MAST ARM SIGN AS NOTED. MOUNT PER DETAIL U OF - - �'1 -0204 7 IO2P 4 214E ®212L CALTRANS STANDARD PLAN ES -7N. C - ---%F - - _ 213U-- ----- -- -_ _ F9 FURNISH AND INSTALL EMERGENCY VEHICLE - - - -- - - ---------- - -EL.. CAMINO REAL G7 "Del. Rio Rd {- 02 5 02+05 � 214U - 285 TO 2I2U DETECTOR FOR CHANNEL AS NOTED. MOUNT _ 6 �A R73- 50'x _ EMIT LINE N 8'x8' ADVANCE R73-2 I DETECTION DETECTOR PER MANUFACTURER SPECIFICATION. �` --- -- r ;-__ ZONE DETECTION _ _ - 111U --05 3 8 ' 01 SJ1U ZONE (TYP.) � gM W a VIDEO 10 FURNISH AND INSTALL PEDESTRIAN BARRICADE, (NP) r' -- -- ---- -... -.... -Y 4' IN WIDTH, PER CALTRANS STANDARD PLAN --_285' TO _--_-' E fy EVC 9 ES -70: INCLUDE MODIFIED R49(CA) SIGN WITH 'MIT LINE OF PAVEMENT: 6J4U 20'x3' BICYCLE Qi? 5 01+08 ---- - --- EXISTING EDGE 6J2U 8 06 G7 "Del -Rio Rd", PEU _ _ _ _ _ UPPER PANEL TEXT "SIDEWALK ENDS" AND ---- '. ,: VIDEO DETECTION LOWER PANEL TEXT USE CROSSWALK". .. -- ------ - .. -'-------..6J41 ZONE (TYP.) _. 04PBA 3_,_ '` 6 E%, 1.5"c, _.-_. _.NEW -CURB 3U �� \ 06P 4-_ 1 PULL ROPE % / �. `�� \ 4 04P 4 6. - �,'ry SS Str x-002 m2P o� 01J - Q08 Q EVA=02+05 ,�s'� ,.� I �.f� I - 0I4 3 2 05 06—�2 08P; �04P EVC06+01 L__` 11 j i 2 F t� o06Po 00 EVD --08 SEE CORNER DETAIL I 01� THIS SHEET 4 3 02PEA , 06—a, I i' 50'x16' VIDEO DETECTION ZONE G NEW RETAINING WALL I a it E%. 3"c, 3(j2 (SERVICE) O Z EX. 2"c, sic, REMOVE 2-dlc I � d EXISTING AND PROPOSED PHASE DIAGRAM - I ; I O I—X0 Z --------------------______ i z -p O I NEW CURB WWI o - I 'I. �0< Q Q I EX. 3"c. 3#2 W EXISTING EDGE 4 08P\ - `,FOF PAVEMENT O L SERVICE POINT: � x. p 06 ++ 1 i PGE OLE No. OO Q 1 4. 49-10P1-48330 �Z -------- E ___I. \� _.._ I I Fo? it EX. 3"c. 3#2 �Ou -1 4 06P I �� Q 0B ���-'1—_ 1 Q h t I EX. 2"c, sic, J W RAW Z \� \ 051 08 /� � I i REMOVE 2-dlc O� , ? F C9 06PBA 3 6 ' I ^ J EX. 1.5% sic < In I I i I� SCALE: 1"=20' a - TO 7 I ® TO NB 101 RAMP I 416U 416E r INTERSECTION aal. ReNdm ey scud" -20' 10 \ C 5 08 I 8 R3-4 ! rl A aAM �V P G7 "EI C`\i\\ Real" I 1 NEW RETAINING, WALL. 9 EVD I�- 5011¢"0" ,sae ATA034MAY 1 a0w wa0 NORTHWEST CORNER DETAIL �n �L{J, oeewwa euueEw SCALE: 1" = 10' °i°�'� _/ 2 av 4 ORIGINAL SCALE IS WINCHES Y , :\AAA\SLX\ATA\ATA034 Del Rio -EI Camino Signal Mod\ACRD\ATA034-F.dwg ATTACHMENT "B" CONTRACT REQUIREMENTS FOR REIMBURSABLE IMPROVEMENTS ADDENDUM TO CONTRACT FOR REIMBURSABLE IMPROVEMENTS Section 1. Labor Code and Prevailing Wage Requirements. 1.1 Contractor agrees to comply with the requirements of California Labor Code sections 1810 through 1815. Eight hours of labor constitutes a legal day's work per Labor Code section 1810. Contractor will forfeit the statutory penalty to City for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code sections 1810 through 1815. 1.2 Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract are available for download from the State website: http://www.dir.ca.gov/OPRL/dprewagedetermination.htm. 1.3 Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) When applicable, copies of the prevailing rate of per diem wages will be on file at City's Department of Public Works and available to Contractor and any other interested party upon request. 1.4 Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. 1.5 Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor will forfeit the statutory penalty to City for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. 1.6 Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. 1.7 Contractor has reviewed and agrees to comply with any applicable provisions for any public work subject to Department of Industrial Relations (DIR) Monitoring and Enforcement of prevailing wages, including the registration requirements of Labor Code Section 1771.1(a). City hereby notifies Contractor that Contractor is responsible for submitting certified payroll records directly to the State Compliance Monitoring Unit (CMU). For further information concerning compliance monitoring please visit the website location at: http://www.dir.ca.gov/dise/cmu/cmu.html. 1.8 Contractor must comply with Labor Code section 1771.1(a), which provides that Contractor may award any contracts and subcontracts for work that qualifies as a "public work" only to subcontractors which are at that time registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor must obtain proof of such registration from all such subcontractors." 1.9 If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis -Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC §874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). Section 2. Non -Discrimination. Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940. Contractor is responsible for compliance with this section. Section 3. General Legal Compliance. 3.1 In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Atascadero Municipal Code. 3.2 Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. 3.3 Contractor must maintain a valid California Contractor's License throughout the term of this Contract. 0) ATTACHMENT "C" SAMPLE ENCROACHMENT PERMIT APPLICATION AND GENERAL PROVISIONS INFORMATION PROVIDED IS PUBLIC RECORD CLICK TO PRINT COMPLETED FORM ALL WORK WITHIN THE PUBLIC RIGHT-OF-WAY MUST BE PERFORMED BY A CONTRACTOR LICENSED TO DO SUCH WORK. ISSUANCE OF THIS PERMIT IS AT THE SOLE DISCRETION OF THE CITY ENGINEER. PERMIT SUBMITTALS WILL BE ACCEPTED MON — FRI BETWEEN 8:30 A.M. - 4:30 P.M. Payment methods accepted: Cash or Check (we do not accept credit/debit cards) Rec'd By: ENCROACHMENT PERMIT# Encroachment/ Submittal Fee: n R:•;;. F r w O - - Q .0 T is'ss"P, ..'! r p�1979, , Receipt No:. ENCROACHMENT PUBLIC WORKS DEPT: PERMIT APPLICATION ISSUED BY: City of Atascadero 6500 Palma Avenue, Atascadero, CA 93422 DATE: (805) 461-5035 (805) 461-7612 FAX ATE STAMP RECEIVED Encroachment work is: ❑ Stand -Alone Project; ❑ Blanket Encroachment Permit (Public and Private Utilities Only); or ❑ Part of Another Permitted Project Permit 4BLD-201- Project Address or Location X -Streets: , ❑ OBJECT; ❑ DRIVEWAY=length X width ❑ SIDEWALK=length X width ❑ UTILITY WATER PATCH; or UTILITY TRENCHING= ❑ 0-10'; ❑ 10'-50'; ❑ 50'-100'; or ❑ 100'+ Description: Will This Work Require a Street Closure or Block Parking During Construction? ❑ Yes ❑ No Is This Work Near a Public School or a US101 Interchange? ❑ Yes ❑ No OWNER: ADDRESS: CITY: STATE: ZIP: PHONE #: FAX#: E-MAIL: CONTRACTOR: CSLB #: LICENSE CLASS #: CITY BUSINESS LIC. #: ADDRESS: CITY: STATE: ZIP: PHONE #: FAX#: E-MAIL: INSURANCE: EXPIRES: POLICY #: ENDORSEMENT #: PROJECT CONTACT PHONE #: FAX#: E-MAIL: I have read this permit and acknowledge receipt of the City of Atascadero Encroachment Permit Rules and Regulations, and attached special conditions, which I have read, agree to, and acknowledge as part of this permit. SIGNATURE OF PERMITTEE DATE: ENCROACHMENT PERMIT RULES AND REGULATIONS 1. Definition: This permit is issued pursuant to Title 7, Chapter 12 of the Atascadero Municipal Code. 2. Acceptance of Provisions: Permittee agrees that the doing of any work under this permit shall constitute an acceptance by the Permittee of the provisions herein. 3. Liability for Damages: Permittee will indemnify, hold harmless and assume defense of, in any actions of law or in equity, the City of Atascadero, its officers, employees, agents, officials and volunteers from all claims, losses, damages, including property damages, personal injury, including death, and liability of every kind, nature and description arising out of your work or in any way connected with the performance of this permit by the Permittee or any contractor, or subcontractor. This indemnification shall extend to claim losses, damage, injury and liability for injuries occurring after completion of the permitted operations, as well as during the work's progress. 4. Liability Insurance: Permittee shall obtain at its sole cost and keep in full force and effect during the term of this pen -nit, and for one year thereafter, commercial general liability insurance in a form and amount acceptable to the City's Risk Manager, naming the City of Atascadero, its officials, officers, directors, employees, agents, and volunteers as additional insured. The general liability insurance must be primary with respect to the additional insured; any other insurance available to the additional insured shall be excess and noncontributing. 5. Permits from Other Agencies: Permittee must obtain consent from any other public or private agencies or individuals required to complete such work. Such consent may be required to be obtained prior to requesting a permit from the City. If this provision is not complied with, this permit shall be void. 6. Required Pre -Construction Meeting: Prior to commencing work authorized by this permit, Permittee shall provide 48 hour notification to the City of Atascadero Public Works Inspector at (805) 466-8099 for an initial inspection. When work has been interrupted for more than two (2) working days, an additional 24-hour notification is required before restarting. 7. Notification of Property Owners: If required by the City Engineer or designee, the Permittee shall notify abutting property owners prior to starting any work pursuant to this permit. 8. Hours of Work: Work shall only be conducted between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday. Work hours may be further restricted in conformance with approved traffic control plans and City holidays. Lane closure hours are typically 9:OOam through 3:OOpm. Work outside these hours may be authorized with an After Hours Permit based on City staff availability. 9. Display of Permit: This permit shall be kept at the site of work. Upon request, the permit must be shown to any representative of the City Engineer or law enforcement officer. 10. Display of Emergency Contact Information: During the progress of the work, the permittee shall maintain a sign at such work site bearing the name, address, telephone number of the permittee and a twenty-four (24) hour emergency telephone number where assistance may be obtained throughout the duration of the work permitted. This section shall not be applicable to utilities doing their own maintenance, repairs or installation by their own employees. However, if a utility uses an outside contractor to do such work, the contractor must post a sign in accordance with this section. 11. Traffic Control: At the City's request, site specific traffic control plans shall be submitted for City approval. All warning safety devices and use of flaggers shall conform to the current California Manual of Uniform Traffic Control Devices (CAMUTCD). 12. Inspection Prior to Placement: Permittee shall request inspection of all conduit installations, connections, and any repairs made to existing underground utilities prior to backfilling. All concrete forms shall be inspected prior to placement of concrete. Compaction tests are at the discretion of the City Inspector. 13. Construction and Repair: Permittee shall properly construct, maintain and repair any encroachment authorized herein, and shall exercise responsible care in inspecting and immediately repairing any damage to the public right-of-way and underlying utilities which occurs as a result of existence of said encroachment or as the result of any work done pursuant to this permit. Failure to use proper backfill materials, proper compaction, or inspection prior to placement will result in increased inspection fees and liability for re -work. All buried pipes or conduits shall be installed with a minimum of twenty four (24) inches of cover unless approved by the City Engineer. Page 2 of 3 14. Steel Plate Bridging Excavations: Plate bridging of shored trench excavation shall be secured against movement and shall be installed to operate with minimum noise. All plates shall be skid resistant. Plates shall be ramped to the elevation of the contiguous pavement. All steel plate placements shall be approved by the City Inspector. 15. Failure to Restore Street Surface: Whenever the Permittee disturbs the surface of any public property for any purpose; Permittee shall restore that property to the condition that existed prior to that disturbance in accordance with City Standard Plans. When any opening, cut, or other modification is made by Permittee in any City street or other public right-of-way, Permittee must promptly refill the opening, restore the pavement in accordance with City Standard Plans, and remove all U.S.A. markings. If the Permittee fails to perform that work in a timely manner or in accordance with City specifications, the City may refill, repave, or remove U.S.A. markings. The cost to City for performing that work, whether by contract or by City forces, including the costs of inspection and supervision, shall be deducted from any Performance Deposit and the balance paid by the Permittee within 30 days of receipt of an invoice for that work. 16. Stormwater Pollution Prevention Program: The Permittee shall implement and maintain measures to keep sediment, wash waters, equipment maintenance products, and other construction related material/debris from entering the storm drainage system. Dumping or discharge into the City's storm drainage system is prohibited. Measures to protect the storm drainage system shall be in place prior to start of work. 17. Storage of Material: Stockpiling of material is not allowed in the street or sidewalk area unless specifically approved by the City. 18. Clean Up Right -of -Way: Upon completion of work, all brush, timber, scraps, and other material/debris shall be entirely removed and the right-of-way left in a condition satisfactory to the City Engineer or designee. 19. Maintenance and Repair: Permittee shall promptly make any and all repairs to public right-of-way if required by the City Engineer or designee. The Permittee is responsible for the materials and workmanship of this encroachment for a period of one (1) year after acceptance by the City. 20. Blanket Permits: Blanket permits, renewable annually, may be issued to any private or public utility, subject to compliance with all applicable provisions of this chapter or of the permit. The Engineer may revoke any such blanket permit if the permittee fails to comply with any of the provisions of this chapter or the permit. The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the Engineer or of the requirements for paying for inspection, repairs and other costs incurred by the City due to the permittee's activity under the blanket permit. Blanket permits for excavations shall be limited to utility trenches not exceeding three (3) feet in width, dug at a right angle to the centerline of the road, or an excavation not exceeding thirty (30) square feet in area unless specifically approved by the Engineer. Two-way traffic shall be maintained at all times. 21. Permits are Nontransferable: Permits issued under the authority of Municipal Code Title 7, Chapter 12, shall be nontransferable. 22. Work Performed without Permits: Work performed without a permit; removal of work which poses a threat to the health, safety, or general welfare of the public. (1) Failure to obtain a permit for an encroachment, as required by this chapter, shall constitute a violation of this Title 7, Chapter 12, and subject a person performing such work to all penalties thereof. (2) Whenever an encroachment has been installed without a permit as required by Title 7, Chapter 12 and that work poses a threat to the health, safety and general welfare of the public, the Engineer may, at the permittee's or owner's sole expense, remove the encroachment. Whenever an encroachment has been installed with a permit as required by this chapter and that encroachment does not conform to the design and specification approved by the permit, and that encroachment poses a threat to the health, safety and general welfare of the public, the Engineer may, at the permittee's or owner's sole expense, remove the encroachment. 23. Responsibility of Owner: All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment. (Ord. 438 § 4 (part), 2004: Ord. 397 (part), 2002; Ord. 332 § 2 (part), 1997) Signature: Date: Print Name: Page 3 of 3 ATTACHMENT "D" BOND FORMS Bond Number: 24252218 Premium: $10,305.00/year PAYMENT BOND WHEREAS, the City Council of the City of Atascadero, State of California, and M P Annex, LLC (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement identified as Del Rio Commercial Development Public Improvements, is hereby referred to and made a part hereof; and WHEREAS, Under the terns of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Atascadero to secure the claims to which reference is made in the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Atascadero and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the Civil Code of the State of California in the sum of six hundred eighty seven thousand dollars ($687,000) lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully perfonned, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terns of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. -0 lNs& yJP`oaroggr 2 Q 3 °o 0 o_ m1919 yO 2yNAMe'�pda�0 Seal No. 7932 IN WITNESS WHEREOF, this payment bond has been duly executed by the principal and surety above named, on September 21 , 2021. The Ohio Casualty Insurance Company Name of Surety M P Annex, LLC Principal By: C�&Flo Title: 790 The City Drive South, Suite 200, Orange, CA 92868 Mailing Address of Surety and 714-620-1575 Telephone No. of Surety By: C�o t�� Attorney in Fact Sheri Bruner By:_ Title: NOTE: If principal is a partnership, all partners should execute the bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and, be authorized to transact business in California. NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence that the appointment as attorney in fact has been recorded in San Luis Obispo County. MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an "admitted surety insurer." APPROVAL: Bonds must be approved by City. REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document shall constitute the City's formal request to the insurer to provide the City with an original of a certificate from the clerk of San Luis Obispo County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted. POWER OF ATTORNEY REQUIRED. The Attorney -in -Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of r� an UA_6 UbbY� D ) I On s� Z� . nil before me, n l , Date J Here Insert Name and Title of the dfficer personally appeared ( ext tame L,- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MEGHAN LIN SOMMERS Notary Public -California San Luis Obispo County n Commission k 2200926 My Comm. Expires Jun 10, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officialeal. Signature —z, Signature f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do ment Title or Type of Document: hi Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: '27 - Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8204454-971890 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West Amedcan Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Danicl Allan Troy, Gabe Garcia, Gene M. Garritano, J Brendan Morris, Kerry Moms, Martine Domingues, Sheri Bruner all of the city of San Luis Obispo state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 4th day of November , 2020 Liberty Mutual Insurance Company P� 1NSr/R9 P\tr INS& 1NsURq The Ohio Casually Insurance Company tiJ o°apo?,1 yC+ 5J c°aPO� F�Z \GP �oRPO'+gl�'!'n West American Insurance Company J 3 o t� Q 3 o rn 1912 0 0 1919 � 1991 o s W o a _ dj19sS9 CHUSQ'�.Ab SO �hNA MPSI -4 YS �NoIANP' aa3 �% U By: * t # > M * David M. Carey, Assistant Secretary to State of PENNSYLVANIA :3 o) County of MONTGOMERY ss p > (D On this 4th day of November 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance (1) m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes > therein contained by sionine on behalf of the cornnralinns by himself as n duly nuthnri7ed nffcar_ im --o �.U) 1 � Si M IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. P PAS r—�oONPrE�� COMMONWEALTH OF PENNSYLVANIA y Notarial eal ntg oP Teresa Pastella, Notary Public Upper Merton TwpM., Montgomery County By: q, `��syLvr�cp My Commission Expires March 28, 2021 Teresa Pastella, Notary Public Op �� Member, Pennsylvania Association of Notaries qR1, p�6 '2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance • Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV – OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all C: undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full e) power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall 0 be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII – Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such atlomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of allorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21st day of September , 2021 . 1NSU'D 1SY INS& a 1NSUR �JP40RPoggrq•1.C1 yJPoOaP oq,ar Rqy VP opP ORq �yO 2 19 F0 1919 F� � r'1 991 Fm� / ^(/� dy�0 0 Z W O Q O d�9`PSA CMU`'��.aD3 y0 �NA MPS�� a� Y vNDIANP' ai By: Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 8/20 0 �t (N 3 °O O d c,) CC) `oo ' :8— m— a f° U No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawjisl requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the 191h day of March, 2013,1 have hereunto set my hand and caused my official seal to be affixed this 194h day of March, 2013. Dave Jones Insurance Commissioner By Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation oflnsurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Bond Number: 24252218 Premium included in Payment Bond. PROJECT MAINTENANCE BOND GUARANTEE AND WARRANTY SECURITY WHEREAS, the City Council of the City of Atascadero, State of California, and M P Annex, LLC (hereinafter designated as "principal") have entered into an agreement by which principal agrees to install and complete certain designated public improvements and to guarantee and warrant the work for a period of one year following its completion and acceptance, which said agreement identified as Del Rio Commercial Development Public Improvements is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of said agreement. NOW, THEREFORE, we, the principal and The Ohio Casualty Insurance Company a New Hampshire corporation , admitted and duly authorized to transact business under the laws of the State of California as surety, are held and firmly bound unto the City of Atascadero as obligee ("City"), in the penal sum of sixty eight thousand and seven hundred dollars ($ 68,700) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the said agreement and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall. become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of tirne, alteration or addition to the terns of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The sure waives all rights of subrogation against the City or any person employed by the City. IN WITNESS WHEREOF, this Project maintenance bond guarantee and warranty security has been duly executed by the principal and surety above named, on September 21 , 2021. The Ohio Casualty Insurance Company M P Annex, LLC Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Principal P�� . PJP4-, _ /. . i R►' and By:_ Title: NOTE: If principal is a partnership, all partners should execute the bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California. NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence that the appointment as attorney in fact has been recorded in San Luis Obispo County. MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an "admitted surety insurer." APPROVAL: Bonds must be approved by City. REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document shall constitute the City's formal request to the insurer to provide the City with an original of a certificate from the clerk of San Luis Obispo County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted. POWER OF ATTORNEY REQUIRED. The Attorney -in -Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. Mailing Address of Surety 714-620-1575 'ZY INS` Telephone No. of Surety eP�oaPO�r'�yC, r 0 1919 ' l{� BY: N� a AMPS Attorney in Fact Sheri Bruner Sea]No. 7932 Principal P�� . PJP4-, _ /. . i R►' and By:_ Title: NOTE: If principal is a partnership, all partners should execute the bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California. NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence that the appointment as attorney in fact has been recorded in San Luis Obispo County. MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an "admitted surety insurer." APPROVAL: Bonds must be approved by City. REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document shall constitute the City's formal request to the insurer to provide the City with an original of a certificate from the clerk of San Luis Obispo County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted. POWER OF ATTORNEY REQUIRED. The Attorney -in -Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of � i On i SPCA_?� before me, M(*ay) (1yi (5mmy-M , O&JrD MA'c' Date y� Here Insert Name and Title of the O icer Kul' personally appeared G� Une Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MEGHAN LIN SOMMERS WITNESS my hand and official seal. NotaryPublic—California z San Luis Obispo County > Commission " 2200926 My Comm. Expires Jun 10, 2021 Signature Signature o Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do um_ ent Title or Type of Document: Document Date: _.V&, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 y C _ to am �o U � r.— O �> NM —Z) _0 C._ OP do O 2 C to mw E — r_ � o to 03 C > N o� Z 0 Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8204454-971890 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Daniel Allan Troy, Gabe Garcia, Gene M. Garritano, J Brendan Morris, Kerry Monis, Martine Domingues, Sheri Bruner all of the city of San Luis Obispo state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 4th day of November , 2020 . State of PENNSYLVANIA County of MONTGOMERY ss Liberty Mutual Insurance Company INSUR �I,( INSU a 1NSU4, The Ohio Casually Insurance Company BJP°05k°0Rgrs4c,GP�oaPORq,q%� West American Insurance Company a 3 Fom c3 Fon �3 Fo tr 1912 0 1919 � 2 1991 0 d,�9SSaeHUS``(`aa3 2O By: /. David M. Carey, Assistant Secretary On this 4th day of November , 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. P PAs r���� �i,oNtyEg7=�y COMMONWEALTH OF PENNSYLVANIA ///n,//) Notarial Seal � � a4 OF Teresa Pastella, Notary Public Upper MerionTwp., Montgomery County By: /,, ' ,, . ' c My Commission Expires March 28, 2021 ti�rsy��r� Teresa Pastella, Notary Public Opq 4y PU�V� Member, Pennsylvania Association of Notaries Phis Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance 'ompany, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such allomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall he as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21st day of September , 2021 . IUR Vill INS& a INSUR J 2`oaror�r�oym QJaPo�rc�V?`°aao"g yc�r�'LCt o to 191 o0 1919 f 1991 o : 4 o a d�'9ssgD"aSEraL so ��"^MPsa aa� �s r"OjgNP aa3 By Renee C. Llewellyn, Assistant 0/7 * ?� �y1 * )N �M * )� Y Secretary LMS -12873 LMIC OCIC WAIC Multi CD 8120 T E U � O) Q o -P r — (D 0 M No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact widen this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable Taws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the 191h day of March, 2013, I have hereunto set my hand and caused my official seal to be affixed this 19'h day of March, 2013, Dave Jones Insurance Commissioner By Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation oflnsurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein, AAI BEST SINCE 1099 BEST'S CREDIT RATING DISCLOSURE FORNI AMB #: 002378 - Ohio Casualty Insurance Company 1. The Symbol, Number, or Score in the Rating Scale used to Denote the Credit Rating Categories and Notches as required by Paragraph (a)(1)(ii)(A) of Rule 17g-7 Ohio Casualty Insurance Company AM Best #: 002378 NAIC #: 24074 FEIN #: 31-0396250 Financial Strength Rating View Definition Rating: A (Excellent) Affiliation Code: p (Pooled Rating) Financial Size Category: XV ($2 Billion or Greater) Outlook: Stable Action: Affirmed Effective Date: June 29, 2021 Initial Rating Date: June 30, 1924 Long -Term Issuer Credit Rating View Definition Long -Term: a Outlook: Stable Action: Affirmed Effective Date: June 29, 2021 Initial Rating Date: July 21, 2005 ( i ) Denotes Indicative Rating - u Denotes Under Review Rating pca Best's Preliminary Credit Assessment Is an Independent opinion on the relative general credit strengths and weaknesses of an Issuer, obligor, security, or a proposed transaction or Financing structure primarily based on business plans, term sheets, and AM Best's expectations relative to the execution of such business plans. AM Best does not define a PCA as a Credit Rating; however, the assessment is expressed using the existing Best's Credit Rating scales. Best's Credit Rating Analyst Rating Issued by: A.M. Best Rating Services, Inc. Ambest Road, Oldwick, NJ 08858 United States +1 908 439 2200 Senior Financial Analyst : Elizabeth Blamble +1 908 439 2200 Ext. 5603 Director : Jennifer Marshall, CPCU, ARM Page 1 or 16