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Metals Treatment Technologies 2022-10-24
COU No. 2223-137 SHORT FORM CONSTRUCTION CONTRACT This Agreement is made and entered on October 24, 2022, in Ukiah, California, by and between Metals Treatment Technologies, LLC, a limited liability company ("Contractor") and the City of Ukiah ("City") , a general law municipal corporation. RECITALS: 1 . The plans and specifications for this work ("the Work") are contained in Exhibit A - Proposal dated October 20, 2022, which is attached hereto and incorporated herein by this reference. 2 . Contractor is properly licensed and qualified to perform the work. 3 . Whenever this Agreement calls for City approval or notification, the approval or notification must be signed by the City Manager or his or her designee. AGREEMENT: Wherefore, in consideration of the foregoing facts and the terms and conditions as further stated herein, the parties hereby agree as follows . 1 . PERFORMANCE OF THE WORK Contractor will perform the Work as further provided herein. 1. 1 Time of Performance. Contractor shall commence the Work when receiving a formal Notice to Proceed, and shall complete the Work by no later than December 31, 2022 . 1 . 1 . 1 . ❑ [check if applicable] It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 1 . 1 .2, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that, subject to Sections 1 . 13-1 . 14, below, the Contractor will pay to the City the sum of five hundred dollars October 24, 2022 1 COU 2223-137 ($500 . 00) per day for each and every calendar day' s delay beyond the time prescribed. 1 . 1 .2 ❑ [check if applicable] In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges . 1.2 Construction of Contract Documents . Contractor will perform the Work in compliance with the plans and specifications set forth in the attached Exhibit A. If there is any inconsistency or conflict between the plans and the specifications, the specifications will prevail . If there is any inconsistency between the plans and the specifications and this agreement, the terms of this Agreement shall prevail, unless expressly stated otherwise in a particular specification. 1 . 3 Contractor furnished items. Contractor will furnish all necessary labor, materials, tools, equipment, and transportation necessary to perform the Work. 1 .4 SB 854 requirements 1 . 4 . 1 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725 . 5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771 . 1 (a) ] . 1 . 4 .2 No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725 . 5 . 1 . 4 . 3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations . 1 . 4 . 4 The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified October 24, 2022 2 COU 2223-137 payroll records directly to DLSE . All contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE . 1 . 4 . 5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations (currently, 8 CCR §16451 (d) . ) 1 . 5 Use of Employees. 1 . 5 . 1 . Contractor and any subcontractors shall pay all mechanics and laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics . 1 . 5 .2 . Contractor shall comply with the California Labor Code Section 1775 . In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, $50 . 00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive . In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 1 . 5 . 3 . Pursuant to the provision of Section 1770 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor October 24, 2022 3 COU 2223-137 on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it . 1 . 5 . 4 . City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained from the City Engineer. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 1 . 5 . 5 . Travel and Subsistence Payments . Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773 . 8 of the Labor Code (Chapter 880, Statutes of 1968) . 1 . 5 . 6. Apprentices . Attention is directed to the provisions in Sections 1777 . 5 (Chapter 1411, Statutes of 1968) and 1777 . 6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices . Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices . Copies of Labor Code Sections 1771 (requiring prevailing wages) , 1775 (imposing penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing wages) , 1776 (requiring contractor to maintain available for inspection certified payroll records) , 1777 . 5 (requiring certain apprenticeship programs) , 1813 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and 1,� for overtime) are available at the Department of Industrial Relations website at http: //www.dir.ca.gov/ October 24, 2022 4 COU 2223-137 1. 6 CITY Inspector. CITY may designate an architect, engineer, other design professional or other inspector ("Inspector") to supervise and/or inspect Contractor' s performance of the Work. The Inspector shall have no authority to change the Work, the compensation for performing the Work or the time for completing the Work without City' s prior written approval . City shall notify the Contractor in writing, if it designates an Inspector. 1.7 Site Conditions. Contractor acknowledges that it has inspected the work site and any improvements involving the Work and satisfied itself as to the conditions which can affect the Work or its cost. Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses or any condition that might affect the cost of performing this Agreement. 1.8 New Products Required. All equipment, materials or fixtures furnished by Contractor under this Agreement shall be new and of the most suitable grade for the intended purpose, unless otherwise specifically provided. 1 . 9 Compliance with Laws. The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations . The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. 1.10 Protection of Site and Improvements. The Contractor shall preserve and protect the site, grounds and any involved improvements and shall not alter or damage any portion thereof, except as is absolutely necessary in order to perform the Work. The Contractor shall repair or replace, as directed by CITY, any property that it damages, looses or destroys in violation of this paragraph. Contractor shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in compliance with all such laws . 1.11 Inspection of Work. The Contractor shall ensure that the Work is available for inspection by CITY or its Inspector at all reasonable times and that no work is covered up or rendered October 24, 2022 5 COU 2223-137 incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity for inspection. The presence or absence of an CITY inspector or the conduct of an inspection by CITY or its Inspector shall not relieve the Contractor from any contract requirement or compliance with Exhibit A. 1.12 Title. The Contractor warrants that it conveys full and complete title, free of all liens and encumbrances, to all materials, supplies, fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY, its officers and employees, and the houses and homebuyers included in the Work from and against any claim, lien, charge, debt, cost, expense or liability arising from a breach of said warranty. 1 . 13 Warranties. In addition to any other warranties in this contract, the Contractor warrants that the Work conforms to the contract requirements and is free of any defect in equipment, material or workmanship for a period of one year from the date of final acceptance of the Work by CITY. If CITY accepts any part of the Work before final acceptance of the entire Work, the warranty shall continue for the period of one year from the date of such partial acceptance. The Contractor shall remedy, at the Contractor' s expense, any failure to conform, or any defect. [Initial if following sentence applies / / / /] CITY shall retain of the Contract Amount to secure the Contractor' s warranty and shall remit the unused portion of that amount at the end of the warranty period. The time limit of this warranty shall not apply to any latent defects, or gross negligence or fraud on the part of the Contractor. 1 . 14 . Extension of Time. Should any delays occur which the City may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays . Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the October 24, 2022 6 COU 2223-137 claim and all supporting data must be delivered to the City within 45 days of the occurrence unless the City specifies in writing a longer period. All claims for a time extension must be approved by the City and incorporated into a written change order. 1.15 . Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the City, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete . Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 1.16. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m. , nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the City. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the City and that such permission may be revoked at any time by the City if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 1. 17 . Hours of Labor. Eight (8) hours of labor shall constitute a legal day' s work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him October 24, 2022 7 COU 2223-137 or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1 1.� times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25 . 00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. 2 . CONTRACT PRICE CITY shall pay the Contractor for performance of this Agreement time and materials with a total not to exceed amount of $30, 650 . 00 . 3. PAYMENT OF CONTRACT PRICE 3 . 1 City shall pay any invoice for completed work, and approved by the City, within thirty (30) days of its receipt by City. All payments under this contract shall be made upon the presentation of certificates in writing from the City and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 4 . INDEMNIFICATION AND INSURANCE. 4 . 1 Indemnification. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor' s execution of the work, shall not be lessened October 24, 2022 8 COU 2223-137 because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor' s responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re- erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents, and employees from and against all claims, damages, losses and expenses including but not limited to attorneys ' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers ' or workmen' s compensation acts, disability benefit acts, or other employee benefit acts . The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to October 24, 2022 9 COU 2223-137 become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 4 .2 Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors . 4 .2 . 1 . Minimum Scope of Insurance Coverage shall be at least as broad as : A. Insurance Services Office Commercial General Liability coverage (Form No . CG 20 10 10 01 and Commercial General Liability - Completed Operations Form No . CG 20 37 10 01) . B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) . C. Worker' s Compensation insurance as required by the State of California and Employer' s Liability Insurance . 4 .2 .2 . Minimum Limits of Insurance Contractor shall maintain limits no less than: A. General Liability: $1, 000, 000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations . If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit . Insurance must be written on an occurrence basis . B. Automobile Liability: $1, 000, 000 per accident for October 24, 2022 10 COU 2223-137 bodily injury and property damage . Insurance must be written on an occurrence basis . C. Worker' s Compensation Employer' s Liability: $1, 000, 000 per accident for bodily injury or disease. 4 .2 . 3 . Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee . 4 .2 .4. REQUIRED Insurance Provisions Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions : A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or operations . General liability coverage can be provided in the form of an endorsement to the Contractor' s insurance, or as a separate owner' s policy. B. The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers' compensation policy. October 24, 2022 11 COU 2223-137 C. For any claims related to this project, the Contractor' s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, and volunteers . Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor' s insurance and shall not contribute with it . D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E . Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code . 5. TERMINATION. This Agreement may only be terminated by City: 1) for breach of the agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Contractor was retained. City shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Contractor. City shall pay the Contractor only for services performed and expenses incurred as of the effective termination date, unless terminated because the Contractor has failed to satisfactorily cure a breach after notice in which event City shall : a. retain any amounts earned under the Contract but not yet paid by City; b. take possession of all material and fixtures on the job site; October 24, 2022 12 COU 2223-137 c. have the right to complete the Work and recover from Contractor any increased cost to complete the Work above the amounts that would have been paid to Contractor hereunder, together with any other damages suffered by City as a result of said breach. 6. MODIFICATION OF AGREEMENT. City may, from time to time, request changes in the Work, the time to complete the work or the compensation to be paid for the Work. Such changes must be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 7 . ASSIGNMENT. The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation) , without the prior written consent of City. 8. APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 9. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Con- tractor is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between October 24, 2022 13 COU 2223-137 Contractor and City. Contractor shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker' s compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit. Contractor warrants and represents that it is a properly licensed for the work performed under this Agreement with a sub- stantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County, each party consenting to jurisdiction and venue of California state courts in Mendocino County. 11. SEVERABILITY. If any provision of the Agreement is held by a court of com- petent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 12. INTEGRATION. This Agreement, including the exhibits attached hereto, contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties . No amendments to this Agreement shall be binding unless executed in writing by all of the parties . October 24, 2022 14 COU 2223-137 13 . WAIVER. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 14 . NOTICES. Whenever notice, payment or other communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered, emailed, or deposited in the United States mail with proper first-class postage affixed thereto and addressed as follows : CONTRACTOR CITY Metals Treatment Technologies, LLC City of Ukiah 14045 W 66th Avenue 300 Seminary Avenue Arvada, CO 80004 Ukiah, CA. 95482 Email: bfrancis@mts.com Email: mhorger@cityofukiah.com Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph. 15. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 16. EXECUTION OF AGREEMENT. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties . Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument . When executed using either alternative, the executed agreement shall be deemed an original October 24, 2022 15 COU 2223-137 admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement . WHEREFORE, the parties have entered this Agreement on the date first written above. CONTRACTOR CITY OF �UKK'I`AH By:/ kx� By: �� SU Michael Burkett Sage Sangiacomo Executive Vice President City Manager California Contractor' s License Number 995327 October 24, 2022 16 EXHIBIT A r . s FIRING RANGE EXPERTS Proposal Firing Range Lead Maintenance Prepared for.- Ukiah Police Department 300 Seminary Avenue Ukiah, CA 95482 Prepared by: Metals Treatment Technologies, LLC 14045 W 66th Avenue Arvada, CO 80004 www.mt2.com 888-435-6645 October 20, 2022 Metals Treatment Technologies, LLC (MT2) is submitting this proposal for lead maintenance at the request of the Customer. Proposed lead maintenance including lead reclamation and addition of soil amendments is performed in accordance with Firing Range Best Management Practices as documented in "Best Management Practices for Lead at Outdoor Shooting Ranges" (US EPA, 2005) and California DTSC Shooting Range Maintenance Guidance (CA DTSC, 2022: https://dtsc.ca.gov/shooting-range-maintenance-quidance/#). MT2 recommends consultation with cognizant legal counsel if needed to best understand potential legal liabilities associated with current and potentially changing rules and regulations associated with scope contained in this proposal. Statement of Confidentiality:Metals Treatment Technologies,LLC(MT2)has prepared this document for discussion purposes only. It is provided on a confidential basis.This document is the sole property of MT2 and must be returned upon demand.By accepting this document,the recipient agrees to keep confidential the information and concepts contained herein or made in connection with any further investigation of the Company. In addition,the recipient agrees not to reproduce this document in whole or in part without the prior written consent of MT2. 4"-'M72 Firing Range Lead Maintenance FIRING RANGE EXPERTS Ukiah Police Department Page Table of Contents 1.0 SCOPE OF WORK .............................................................................................................1 1.1 MOBILIZATION, SITE SET-UP, AND PLAN PREPARATION..................................1 1.2 LEAD RECLAMATION AND RECYCLING...............................................................1 1.1 RANGE RESTORATION .........................................................................................2 1.2 FINAL REPORT.......................................................................................................2 1.3 OPTIONAL SERVICES............................................................................................2 1.4 PROJECT SCHEDULE............................................................................................2 2.0 PRICING.............................................................................................................................3 2.1 PROJECT APPROACH CLARIFICATIONS AND ASSUMPTIONS..........................3 2.2 CLIENT RESPONSIBILITIES: .................................................................................4 MT2 1 14045 W 66th Ave.Arvada, CO 80004 1 P: 1-888-435-6645 1 F:303-456-6998 1 www.mt2.com Firing Range Lead Maintenance �{ -mT2 Ukiah Police Department Page 1 1.0 SCOPE OF WORK All work will be performed in accordance with applicable Federal, State, and local safety and environmental regulations including US Department of Labor regulations as well as achieving compliance with OSHA,US EPA,State,and NRA and NSSF recommended firing range environmental Best Management Practices (BMPs). 1.1 MOBILIZATION, SITE SET-UP,AND PLAN PREPARATION • Plan preparation including Work Plan and Health and Safety Plan • Mobilize personnel, materials, and equipment to project site 1.2 LEAD RECLAMATION AND RECYCLING • Excavation: Excavate lead-impacted soil from the backstop berm(s) and apron area(s) or shot fall zone • Maximize Lead Recovery: MT2 will use one of our CA Air Resources Board registered proprietary screening system with Tier 4 Final diesel engines lead separation systems to separate lead from soils/rubber based on size and "finish" the separation process by separating lead from like-size materials based on density. Note: MT2's lead separation process utilizes %" —3/8" screens and recovers lead greater in size than the 0.004" California Scrap Metal Exemption; therefore, a California Registered Hazardous Waste Transporter Uniform Hazardous Waste Manifest is not required to transport metal being recycled. • Revenue Sharing: MT2 will containerize and securely store recovered lead for shipment, coordinate and ship recovered lead to a licensed lead recycler, and provide the Customer a split of the net value of the recycled lead as indicated in Section 2.0 Pricing; A certificate of recycling will be provided to Customer upon completion of recycling Based on reported range usage and typical usage at similar ranges, it is reasonable to expect 2-4 tons of lead may be recovered and recycled from the backstop berms and apron areas. MT2 has estimated soil quantities for processing pending final specifications. MT2 will excavate and process soil from the backstop berms until lead reclamation becomes economically infeasible and/or 80-90% of lead bullets and bullet fragments (measured as weight percent) are removed. MT2 1 14045 W 66th Ave.Arvada, CO 80004 1 P: 1-888-435-6645 1 F: 303-456-6998 1 www.mt2.com Firing Range Lead Maintenance �{ -mT2 Ukiah Police Department Page 2 1.1 RANGE RESTORATION • Berm Restoration: MT2 will utilize construction equipment to replace processed soils the backstop berms of origin, rough grade these materials to conform to the original configuration of the range; and compact the soil using construction equipment to allow ongoing use; oversized materials will be placed on the range at a mutually agreed upon location • General Site Cleanup: Upon completion of lead maintenance tasks, MT2 will perform general site cleanup; MT2 will perform dry decontamination of equipment before demobilization 1.2 FINAL REPORT • MT2 will develop a range maintenance report to provide the Customer with proper record keeping as recommended by the US EPA, NRA, and NSSF. 1.3 OPTIONAL SERVICES MT2 can provide the following optional services only if requested; Section 2.0 provides pricing: • Berm Height Improvement: Installation and placement of additional soil/ballistic sand mixture to backstop berm to supplement processed materials and/or raise or enhance berms to improve range safety and meet NRA, NSSF, and US EPA BMPs • Berm Improvement: Installation of a 6'timber vertical bullet catch wall on top of the berm • Environmental Stewardship Planning: Complete an environmental review of the range and prepare a range-specific Environmental Stewardship Plan (ESP) to summarize range conditions and provide BMP recommendations pertaining to range maintenance and operations; this plan will assist the Customer in ensuring compliance with US EPA regulations,as well as shooting range BMPs over the life cycle of the range 1.4 PROJECT SCHEDULE Estimated Schedule: approximately 2-3 days onsite to perform lead maintenance tasks as described above. Additional days maybe required should optional services be requested. The project schedule depends on"dry"conditions prior to and during onsite operations. MT2 will coordinate a mutually-agreed upon schedule with the range and can mobilize within two weeks after receipt of "Notice to Proceed" issued by client. MT2 can begin this project at a mutually agreed-upon time as early as Late Fall 2022, weather permitting. MT2 1 14045 W 66th Ave.Arvada, CO 80004 1 P: 1-888-435-6645 1 F: 303-456-6998 1 www.mt2.com Firing Range Lead Maintenance �{ -mT2 Ukiah Police Department Page 3 2.0 PRICING MT2 has developed the following pricing for lead maintenance services. Baseline Firing Range • Maintenance Task CITY Unit Price 27 Upfront Payment: Plans, Mobilization, Demobilization,Site setup and 1 Lump $6,000 Preparation Sum Lead Maintenance: Excavation, Lead recovery and recycling, Up to Lump Replacement of processed soil to berms,and Berm Reconstruction 150 CY Sum $22,500 3 Report 1 S m $1,400 $29,900 Estimated Lead Recycling Value 4 Estimated Client Net Lead Recycling Value 2-4 $0.60 ($1,200- tons Per lb $2,400)1/ Optional Optional: Berm Height Improvement-placement of additional Up to Lump $12,000— 5 soil/ballistic sand to raise backstop berm an additional 6 feet above its 1,500 existing height using customer-provided materials CY Sum $15,000 Optional: Berm improvement—add 6'timber vertical bullet catch wall 1 Lump $12,000- to top of berm—construction specifications pending Sum $18,000 7 Optional: Environmental Stewardship Plan 1 5 mp $7,500 um 8 Bonding: 2.5%of Total Scope Items Selected; estimate based on 1 Lump $750 Baseline Tasks Sum 1/ MT2 owns the recovered lead; MT2 will provide the Client 50% split of the net value of recycled lead. Net value is determined as the recycled value of the material less the same percent of the cost of containers,pallets,handling equipment, transport,and applicable taxes,to be used to offset project costs.MT2 does not guarantee the value or quantity of recovered lead.The actual value of recycled lead will be determined at the time of recycling. The Estimated Lead Recycling Credit is based on a reasonable estimate of the amount of recoverable lead and current lead recycle value per pound 2/ Pricing for optional tasks is valid if performed at the time of lead maintenance tasks,no field investigations are included with the ESP preparation 2.1 PROJECT APPROACH CLARIFICATIONS AND ASSUMPTIONS (applicable if marked X❑) ❑X Pricing based on standard workdays (0700-1700 M-F). ❑X SWPPP ❑ is X❑ is not required for baseline maintenance tasks. ❑X Plans and Permitting. MT2 is responsible for, and pricing only includes: Work Plan & HASP ❑x Customer will provide MT2 access to nearby water source (e.g. hydrant) and pay for water and associated items such as permit/meter/hose as needed. MT2 will utilize a water truck or trailer to provide dust suppression sprinkling as needed during excavation and separation operations. ❑X Pricing does not include management of live ammunition, only spent rounds. If live ammunition is discovered, it will be left onsite for Customer to manage. ❑ If applicable MT2 will use appropriately-sized and/or rubber tire equipment and use caution to work around existing range appurtenances with limited access (e.g. backstop berm soils imposed by range knee walls,target systems, overhead baffles, and sidewalls). MT2 will not be responsible MT2 1 14045 W 66th Ave.Arvada, CO 80004 1 P: 1-888-435-6645 1 F: 303-456-6998 1 www.mt2.com \ T ��� Firing Range Lead Maintenance Ukiah Police Department Page 4 for damage to the range, range equipment, or appurtenances should damage occur during processing. © Measurement of quantities will be based field measurement each day; signed-off daily by MT2 and Customer; and recorded in daily project log ❑X Pricing for Optional Berm Height Improvement and Installation of a 6'wall (Vertical Bullet Catch)are based on comparison to pricing for previously completed projects using project specifications developed for those projects. Specifications for this project site are pending and therefore budgetary pricing is subject to modification. © MT2 will perform dry decontamination of equipment before demobilization. © MT2 pricing includes: ❑x Prevailing Wage Rates ❑x Bonding ❑ Retainage ❑ Liquidated Damages ❑X Pricing is based on fuel charges not exceeding $6/gal on diesel and $5/gal on gasoline based on the U.S. Energy Information Administration (USEIA) conglomerated "U.S" price (https://www.eia.gov/petroleum/gasdiesel/listed). If the USEIA price of fuel is higher than these rates at time of service, MT2 reserves the right to negotiate a fuel surcharge 0 MT2 pricing is subject to MT2 review and approval of final contract terms and conditions. 0 MT2 pricing valid for 90 days. 0 This Agreement is valid for one(1)year from the date the Agreement is last signed by both Parties. This Agreement may be extended upon mutual agreement by Contractor and Customer to allow for optional continued services for up to three(3)years. Should the Customer no longer need this service or not have appropriated funds, this Agreement can be terminated. 0 MT2 shall not be responsible for nor have any liability for any damages, injuries or hazards derived from the shooting range operations or from the act of shooting at the shooting range to include but not be limited to bullet or fragment ricochets,or for bullets or shot leaving range containment. 2.2 CLIENT RESPONSIBILITIES: 0 Obtain necessary approvals/permits 0 Ensure MT2 safe access to the range site 0 Complete utility locates and identify any potentially impacted utilities, drainage systems, etc. 0 Remove range equipment, vegetation and materials such as timbers, scrap piles, material piles, fencing, concrete slabs, asphalt, and large debris from the lead-impacted soils area 0 Protect or remove knee walls; Remove target stands/systems, if applicable 0 Customer to provide Upfront Payment prior to MT2 mobilization, if required above, prior to MT2 mobilization. Progress Payment(s)and Final Payment due Net 30 days upon receipt of MT2 invoice. If Customer payment is late, Customer agrees to pay an additional 1.5% per month on the account and all collection fees for any past due amount owed to MT2. MT2 Final Invoice will be submitted to the Customer along with the Range Maintenance Report and Lead Recycling Certificates. 0 Replace knee walls,target stands/systems 0 Re-seed or re-vegetation of the site, as applicable MT2 1 14045 W 66th Ave.Arvada, CO 80004 1 P: 1-888-435-6645 1 F: 303-456-6998 1 www.mt2.com CITY OF UKIAH Mendocino County, California PERFORMANCE BOND BOND No. PB12266800367 KNOW ALL PERSONS BY THESE PREESNTS: THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the"City")has awarded to Metals Treatment Technologies,LLc ,(hereinafter referred to as the "Contractor") an agreement for Contract No. _._C_o_u 2.223-137 (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated October 24,2022 , (hereinafter referred to, together with all attachments and exhibits thereto, as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Metals Treatment Technologies,LLC, the undersigned Contractor and Philadelphia Indemnity Insurance Company , as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of Thirty Thousand,Six Hundred Fifty Dollars and Noll00 ($ 30,650.00 ),for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys'fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF,we have hereunto set our hands and seals this 24th day of October 2022. (Corporate Seal) Metals Treatment Technologies, LLC Contractor/Principal �f By._. —4 Title FY_r°rc. ✓e y l (Corporate Seal) Philadelphia Indemnity Insurance Company Surety / By Attorney-in-Fact (Attach Attorney-in Fact Certificate) Title Sarah C. Brown,Attorney-in-Fact The rate of premium on this bond is $2s per thousand.The total amount of premium charges is$ 766.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) Philadelphia Indemnily Insurance Company Attn: Claims Dept.,One Bala Plaza,Suite 100 Bala Cynwyd, PA 19004-1403 (Name and Address of Agent or Philadelphia Indemnity Insurance Company Representative for service of process in 251 S Lake Ave#360 California, if different from above) Pasadena, CA 91101,_ (Telephone number of Surety and Agent 626-639-1328 or Representative for service of process in California) CITY OF UKIAH Mendocino County, California PAYMENT BOND BOND No. PB12266800367 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Ukiah ("City") has awarded toMetals Treatment Technologies,LLT'Contractor/Principal") a contract (City Agreement No. COU 2223-137 , dated October 24. , 2022 , referred to as the "Agreement") for the work described as Firing Range Lead Maintenance*_. The Agreement is incorporated by this reference into this Payment Bond("Bond"); and WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550; NOW, THEREFORE, we Metals Treatment Technologies,LLC the undersigned Contractor/Principal, and Philadelphia Indemnity** ("Surety"), a corporation organized and existing under the laws of the State of PA , and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100,or any person, company, or corporation entitled to make a claim on this bond, in the sum of$ Thirty Thousand,Six Hundred Fifty;** forwhich payment will and truly be made,we bind ourselves,our heirs,executors and administrators,successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100;or fail to pay for any materials, provisions,or other supplies, used in, upon,for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind,or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth,and in the event suit is brought upon this bond,also will pay such reasonable attorneys'fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq. It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond;and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code. Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows: "Ukiah Police Department,300 Seminary Avenue,Ukiah,CA 95432 **Insurance Company ***Dollars and Noll00 Attn:Philadelphia Indemnity Insurance Company,Attn:Claims Dept. Address:_ One Bala Plaza,Suite 100 City/State/Zip: Bala Cynwyd, PA 19004-1403 Phone: (610)617-7900 Fax: Email:_ drew.pollakphly.com IN WITNESS WHEREO,two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the24thday of October 2022 . Metals Treatment Technologies, LLC (SEAL) Contractor/Principal Contractor's Representative 14045 W 66th Avenue Contractor/Principal's Address Arvada, CO 80004 City,State,Zip Philadelphia Indemnity Insurance Compa SEAL) Surety T By Surety's Representative Sarah C. Brown ,One eala Plaza, Suite 100 ^_ Surety's Address Bala Cynwyd, PA 19004-1403 City,State,Zip (610) 617-7900 _ Telephone Number NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfullness, accuracy or validity of that document. State of Colorado County of Arapahoe On 10/24/2022 before me, Ashlea Mercede McCaughey , Notary Public DOW a 0 ry personally appeared Sarah C.Brown Name and of Nam$of ftft ) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir 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. ASMMERCEDF k. AUGHEY I certify under PENALTY OF PERJURY under the laws of NOTAR f t' LIC the State of California that the foregoing paragraph is true STATE OF C4)LORADO NO ID <�164p40543 and correct. COMMISSION€XPRES OCTOW 24 1Y Witness my han an officla s I. Signature Notary Pudic algrwwre Ptaoa Natary Pudk seat Above T AL Though the information below Is not required by law,It may prove valuable to the persons relyft on the document and could prevent fraudulent removal and reattachmtmt of this form to another document. Description of Attached Document Tide or Type of Document Document Date Number of Pages: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner- ❑Limited ❑General ❑ Partner- ❑Limited ❑General ❑ Guardian or Conservator To�ort ❑ Guardian or Conservators ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Other: ❑ Other: Signer is representing Signer is representing CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfu I I ness, accuracy or validity of that document. State of (n County of_ // �41Z'a On before me, �5(.d nI _ �os�c�fn Notary Public gsta ame a o oury personally appeared �l�`�-�(� � ��e Name am or Names of Mgmr(s) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare 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. DAVID M COSTELLO NOTARY PUBLIC-STATE OF COLORADO I certify under PENALTY OF PERJURY under the laws of NOTARY ID 20074004840 t he State of California that the foregoing paragraph is true MY COMMISSION EXPIRES FEB 18, 2023 and correct. Witness my hand and official seal` Signature !:a !/`' Notary Public 80talure Place Notary Pubtic seal Above OPTIONAL Though the Infonnatlon below Is not requlmd by law,It may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date Number of Pages: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner- ❑Limited ❑General 11IM1111011111IMSIZ1111ill ❑ Partner- ❑Limited❑General ❑ Guardian or Conservator Top of na.ne ❑ Guardian or Conservator T� n> J Attorney-in-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee ❑ Other: ❑ Other: Signer is representing Signer is representing i PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power or Attorney KNOW ALL PERSONS 13Y THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing,under the iaws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Todd D.Bengford,Mark Sweigart,Donald E.Analebv Sarah C. Brown,Jessica Jean Rini and Ashlea McCaughey of Holmes Murphy and Associates,LLC its true and lawful Attorney-in-fact with full authority to execute on its bclialf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$5p 000,000. This Power of Attorney is granted and is signed and.sealed by facsimile tinder and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"of November,2016, RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company.(1)Appoint Attomey(s)in Fact and aulhnfire the Attomey(s)in Fact to execute on behalf of the Company bonds and underiakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto-,and (2)to remove,at any time,any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile.signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached- IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH,202 1. Fr lJ2r*�'i' 7oh Giomb- President&CEO Philadelphia Indemnity Insurance Company On this 5"day of March,2021 before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY.that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duty affixed, Notary Public; commomfe"0e124nnayhnnis-Notery5fe1 Vaneese Mckenzie,NoteryPublio Montoomery county Mycommisslon expires November 3,2024 CommloWn number 13M94 Member,Pannlyhra-A Mfadatien oT NOUN$ residing at: Baia Cynwyd,PA My commission expires! November 3,2024 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5"day March,2021 are true and correct and are still in full force and effect.I do further certify that John Glomb, who executed the Power of Attorney as President. was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Wh:reof I have subscribed my name and affixed the facsimile seal of each Company this 24th day of October 2022 a Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY