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HomeMy WebLinkAboutCAG2019-322 - Original - Metal Treatment Technologies, LLC (MT2, LLC) - Police Firing Range Trap Media Replacement - 05/24/2019 KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253- 5C-5725. Vendor Name: Metals Treatment Technologies,LLC 611-ra C- Vendor Number ()DE): 1254397 Contract Number (City Clerk): Category: Contract Agreement Sub-Category (if applicable): None Project Name: Police Firing Range Trap Media Replacement Contract Execution Date: -5 241-71 Termination Date: Contract Manager: Christopher Sprague Department: Police g Contract Amount: $79,9 1 5.00 Budgeted: z Grant? Part of NEW Budget: 11 Local: F State: Federal: Related to a New Position: Basis for Selection of Contractor? Waiver Approval Authority: 1:1 Director Z Mayor City Council Other Details: A D KENT W. H 1-.1 1 GOODS & SERVICES AGREEMENT between the City of Kent and Metal Treatment Technologies, LLC (MT2, LLC) THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Metal Treatment Technologies, LLC organized under the laws of the State of Colorodo, located and doing business at 14045 W. 66th Ave., Arvada Colorado 80004, (303) 456-6977, contact person Robert Anderson (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The vendor will remove, dispose of, and replace the rubber ballistic media within the firing range trap and load baffle, in accordance with the February 12, 2019 proposal attached and incorporated as Exhibit A Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by August 5, 2019. Work will commence on July 22, 2019 at 0800. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seventy-nine thousand, nine hundred and fifteen dollars and zero cents ($79,915.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: A payment of ten thousand dollars and zero cents ($10,000.00) will be provided prior to the start of work. At the completion of the work and upon receipt of a final invoice from MT2, LLC., the balance of sixty-nine thousand, nine hundred and fifteen dollars and zero cents will be pais within 30 days (net 30) GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work, The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. ]. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF ',ENT: By: By: (signature) (signatu ) Print Name. James M Barthel Print Name: Dana Ralph Its CEO Its Mayor (title) DATE: 5/15/19 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Robert Anderson Christopher Sprague MT2, LLC City of Kent 14045 W 66th Ave. 220 Fourth Avenue South Arvada, Co. 80004 Kent, WA 98032 (303) 456-6977 ext. 43 (telephone) (253) 856-5857 (telephone) (720) 676-6087 (facsimile) (253) 856-6330 (facsimile) GOODS &SERVICES AGREEMENT- 6 (Over$20,000, including WSST) APPROVED AS TO FORM: l Kent Law Department ATTEST: lJ4l/`, Kent City Clerk GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: James M Barthel For: Metals Ztment Technologies LLC Title: CEO Date: 5/15/19 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 POLICE DEPARTMENT RAFAEL PADILLA, POLICE CHIEF 400.• 220 4th Avenue South E T Kent, WA 98032 W" s"'"G'"" PHONE: 253-856-2121 Me To: Dana Ralph, Mayor From: Chris Sprague, Rangemaster Training Coordinator Date: March 11, 2019 Re: Request for Waiver of Bidding Requirements Pursuant to KCC 3.70.110 for Firing Range Lead Maintenance The City of Kent Police Firing Range is requesting that you waive the procedural requirement to solicit written bids or quotations, to enter a Goods and Services Agreement, as set forth in KCC 3.70.080. The Firing Range is due to remove hazardous waste material from its bullet trap and replace the trap rubber decelerating media; a process that involves unique and special services, thus, the bidding requirements would not be in the City's best interests. The range bullet trap is a hazardous material area that is subject to the regulations set forth by the Environmental Protection Agency ("EPA"); Washington State Departments of Labor and Industries; and Washington State Department of Ecology. The primary purpose of the bullet trap is to safely collect and store all bullets fired into them, without affecting ongoing shooting, and without causing environmental damage. For this reason, removal and disposal of collected lead and other debris, must be consistent with the regulations set forth by the above- mentioned agencies. In addition, bullet traps typically use friction, impact or deceleration to stop bullets. Over time, the deceleration traps rubber becomes pulverized, thus, losing the ability to effectively trap and sift down bullets. When this happens, the rubber needs to be removed and replaced. This process, like the removal and disposal of bullet fragments, is highly regulated. Due to the highly regulated and specialized nature of the process, the Firing Range has evaluated the market and surveyed potential vendors who specialize in these areas. Based on this research, we believe that Metals Treatment Technologies, LLC ("MT2") is the vendor best situated to meet these needs. MT2, unlike other companies, offers a proprietary service of encapsulating the rubber waste; rendering the rubber non-hazardous waste, by the EPA standards. Additionally, this process is cost-efficient: hazardous waste is expensive to dispose of, thus, the ability to encapsulate the rubber to non-hazardous waste, saves the city approximately 30 yards of hazardous waste disposal. MT2 also separates the lead from the rubber and recycles the heavy metal, offering a credit for the recycling. During our research, we learned that other companies send bullet fragments to the hazardous materials disposal facilities, adding to waste accumulation and potential transport contamination issues. MT2 provides all required hazardous material transport and storage paperwork, to include the manifests for the recycling of the lead. In 2016, the Firing Range used MT2 to clean its bullet trap. The service and attention to detail were excellent. Workers remained in required suits and respirators (PPE) during the process and air monitoring was set up as required by EPA regulations. It is worth noting that failing to follow regulations can lead to worker injury and/or death, environmental and public hazards and fines and imprisonment. Further, the generator of the waste can also be held liable for the contractor's actions. KCC 3.70.110(A)(2) &(A)(3) allows the Mayor to waive the bidding requirements for the purchase of goods, materials, equipment, or services that are not part of a public work upon a finding that the bidding requirements would otherwise not be practicable or in the City's best interests under the circumstances. Because MT2 offers a special service, I believe it is in the City's best interest to directly negotiate a services agreement with MT2 and request that you authorize the waiver of the bidding requirements. If you concur, please indicate your approval and waiver of bidding requirements by signing where indicated below. This waiver and the resulting contract will be filed with the City Clerk's office in accordance with Kent City Code 3.70.050. Respectfully submitted, Christopher Sprague D �1 y _ � Mayor Da ti Rallih Date 0 Page 2 I 17r:2 PROPOSAL: FIRING RANGE LEAD MAINTENANCE PREPARED FOR: CITY OF KENT POLICE DEPARTMENT 24523 116 AVE SE KENT, WA 98030 CHRIS SPRAGUE, RANGE MASTER (253) 740-8225, CSPRAGUE@KENTWA.GOV SUBMITTED BY: METALS TREATMENT TECHNOLOGIES, LLC 14045 W 66TH AVE ARVADA, CO 80004 303-456-6977 888-435-6645 WWW.MT2.COM FEBRUARY 12, 2019 MT2,LLC(MT2)has prepared this Proposal to address the specific requirements of the project referenced within this Proposal and contains proprietary and confidential information.This Proposal is the sole property of MT2 and must be returned upon demand.By accepting this Proposal,the recipient agrees to keep confidential the information and concepts contained herein or made in connection with any further investigation of the Company.Any disclosure,copying,distribution or use of the contents of this Proposal for other than the above stated purpose is prohibited.By accepting this Proposal the recipient agrees not to disclose copy, distribute or use this information for other than its intended purpose,as stated above,in whole or in part without the prior written consent of MT2. PROPOSAL:FIRING RANGE LEAD MAINTENANCE Table of Contents 1.0 COST CONSIDERATIONS.................................................................................................1 1.1 Contract Value.........................................................................................................1 1.2 Pricing 1 1.3 Project Schedule:.....................................................................................................2 1.4 Pricing Assumptions: ...............................................................................................2 2.0 EXPERIENCE & QUALIFICATIONS...................................................................................3 2.1 Company History.....................................................................................................3 2.2 Indoor Range Services ............................................................................................3 2.3 Additional Information..............................................................................................4 - Get the Lead Out! 888-435-6645 www.MT2.com Page i MU PROPOSAL:FIRING RANGE LEAD MAINTENANCE 1.0 COST CONSIDERATIONS The purpose of this proposal is to provide lead reclamation services, including removing and replacing all granular rubber at the five (5) lane granulated rubber trap range. 1.1 Contract Value Below outlines the potential lead creditll for the range, based on information provided to MT2. This estimate considers factors such as records of prior lead recovery efforts as well as the range's estimate of lead at the site, and is based on the current 90-day average of$0.55 per pound of bullet lead. • 9,000 pounds recovered =$1,650 • 10,000 pounds recovered=$1,920 • 11,000 pounds recovered=$2,190 1.2 Pricing Item Qty Unit MT2 Pricing Plans, Preparation,and Mobilization Lead Recovery/Recycling - One(1) bay,five(5) lanes - Remove all granular rubber from the trap - removed granular rubber is non- recyclable and considered waste - Economical bullet/bullet fragment separation, utilizing MT2-determined means and methods - Place recovered lead in MT2 provided containers and pallets,staged onsite for transport/recycling - Load the containerized lead onto a licensed transport vehicle and have it delivered to an MT2-vetted recycling facility - Report on observed wear,damage or need for maintenance - Receive payment from the recyclerl/,and supply necessary documentation to 1 Lump $63,0002/ show appropriate recycling Sum - Upon completion of lead recovery/recycling activities, MT2 will HEPA vacuum'/ the work area, including the empty trap - HEPA vacuum the range floors and walls(up to 8 ft.)from shooting line to trap - Waste generated during onsite activities will be managed as detailed under Waste Management& Disposal sections Provide and Install Replacement Rubber - Supply and install new Paragon Tactical rubber to the trap, up to 30,000 lbs. - Requires two(2)weeks advanced notice to order/ship Service Report - Summary of performed onsite activities - Date(s)and timeframe in which the work was performed - Certificate of Recycling Treatment of Range Waste and Disposal as Non-Hazardous - Disposal includes up to 30 cubic yards - Utilize MT2 ECOBOND to stabilize range waste prior to disposal - MT2 will take a five-point composite sample from stabilized materials.Samples will be sent to a certified laboratory for lead TCLP analysis 1 Lump $9 650 - Containerize material in MT2-provided container(s), coordinate the Sum transportation,and disposal of waste materials in an approved manner - Non-hazardous waste manifests will be used to document proper transportation and disposal of the waste - Client is the generator of the waste from the facility Get the Lead Out! 888-435-6645 www.MT2.com Page 1 Mn PROPOSAL:FIRING RANGE LEAD MAINTENANCE 11 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 Z/MT2 pricing prior to Client lead recycle credit 3/Visual Inspection-Upon completion of removal,cleaning,and other associated remediation activities,the site supervisor will visually inspect the work area. The supervisor's inspection will be performed with the intention of searching for surfaces where visible dust and debris remain after cleaning. Any areas where visible dust is seen will be recleaned;areas inspected where no visible dust is seen will be considered clean and complete. 1.3 Project Schedule: Starting date is based on MT2's schedule. MT2 anticipates starting onsite as early as July 2019. MT2 will work with Client to best obtain a mutually agreed upon date, but if work is required to be performed at specific dates and/or times not pre-approved by MT2, additional fees may apply. Schedule will be confirmed with the Client at least two weeks prior to MT2 mobilization. 1.4 Pricing Assumptions: • MT2 will be provided upfront payment of$10,000 prior to MT2 mobilization. Balance of Payment (Payment minus mobilization payment, minus applicable recycling credit) due to MT2 within 30 days of Client receipt of MT2 invoice(Net 30 days). Balance of payment invoice will be submitted to Client along with Lead Recycling Certificate(s) (if applicable), as well as other project documentation (if applicable). Client agrees to pay MT2 an additional 1.5% per month on the account and all collection fees for any past due amount owed MT2 • Continuous work schedule, no interruptions to process schedule • Pricing assumes Range is accessible to MT2 equipment; equipment and lead loadouts are heavy, MT2 is not responsible for damage to landscaping, flooring, etc. while accessing the range. If access information is not adequately shared in advance of mobilization, MT2 reserves the right to retain the upfront mobilization fee • MT2 pricing assumes work will be performed during normal work hours 0700—1700 Mon-Sat and excludes federal holidays; MT2 reserves the right to work up to 12 hours per day • MT2 pricing includes Prevailing Wage rates • Contract includes authorization for MT2 to sign waste disposal documentation (waste profiles, contracts to dispose and/or transport material, landfill certifications, manifests and waste profile amendments) on behalf of the Client,to streamline the disposal process • Pricing does not include the management of live ammunition, only spent rounds. No live ammunition will be managed by MT2. If live ammunition is discovered, it will be left onsite for Client to manage • 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 • MT2 will review and approve final contract terms and other conditions • MT2 pricing does not include any liquidated damages, bonding or retention • Client will provide access to power, water (hot and cold), heat, and light, and allow access to bathroom facilities and shower facilities (if available) • Pricing is valid for 90 days from date of this proposal Get the Lead Out! 888-435-6645 www.MT2.com Page 2 MU PROPOSAL:FIRING RANGE LEAD MAINTENANCE 2.0 EXPERIENCE & QUALIFICATIONS 2.1 Company History With over 18 years' industry experience, MT2 is recognized as the nation's#1 environmental firing range service provider and the largest and most professional contractor. We have demonstrated unmatched credentials and capabilities through performing over 2,000 indoor and outdoor range projects nationwide for a diverse variety of clients including police firing ranges, military ranges, local and national government agencies, and private clubs. a Our firing range services include lead reclamation (bullets and lead shot OF recovery), firing range design, shooting range construction, gun range FENSE AGAINST fWINO RANGE LFAp NAURpg cleaning,and complete firing range maintenance and firing range remediation U services. Our customer value proposition is to offer leading technology, ""`'��''�"•0C superior field services,and knowledgeable environmental regulatory expertise to support sustained range operations, responsible maintenance, and closure/remediation services. 2.2 Indoor Range Services MT2 offers a wide range of indoor range services from routine shooting range maintenance, cleaning,and lead reclamation to range decommissioning and demolition. We work with your budget and schedule to best meet your project needs. MT2 can help design and implement your range improvement and maintenance projects including: Lead Reclamation/Recycling • Recovery of bullets/bullet fragments from bullet trap • MT2 has proprietary agreements with lead smelters/recyclers to leverage quantity-based pricing; resulting in the best market price for recycled lead on behalf of our customers • Removal and transportation offsite of recovered range lead/brass Treatment of Range Waste and Disposal as Non-Hazardous • Proprietary and patented treatment process known as ECOBOND® • Ensures disposed materials are less than EPA RCRA hazardous lead TCLP level of 5.0 mg/L Eliminate the need to generate expensive hazardous waste Range Cleaning and Remediation • Range cleaning and Best Management Practices for continued range use • Complete lead dust remediation for range closures Range Evaluation and Consultation • Range assessment, OSHA Health &Safety • Range sustainability (NRA/NSSF Best Management Practices, regulatory Support) • Assist with all aspects of range development Range Maintenance/Improvements • Shooting range maintenance and improvements • Shooting range cleaning and fixation of lead contaminated surfaces, reduction in airborne lead (booths, walls, floors, equipment, etc.) • Installation or replacement of HVAC system • Complete shooting range lead abatement • Shooting range remediation and closure Get the Lead Out! 888-435-6645 www.MT2.com Page 3 MU PROPOSAL:FIRING RANGE LEAD MAINTENANCE 2.3 Additional Information Focus on Safety: MT2 is a leader in range safety. We provide consultation and assessment for all environmental and OSHA safety issues. MT2 has never received OSHA or EPA violations. In fact, not only does MT2 comply with regulations, we also helped establish industry standards for environmental and safety methods. Specialized Fleet of Equipment: MT2 is committed to excellence. We have invested millions of dollars in developing proprietary systems and we own a large selection of specialized equipment available nationally for separating and processing range materials. MT2's fleet of equipment is the largest in the industry which, when combined with our experience, gives us a considerable advantage in providing substantial cost and schedule savings to our clients. Licensed, Bonded and Insured: MT2 maintains applicable professional licensing, is fully bondable, and provides $10MM of insurance protection including General and Pollution Liability Insurance to provide customers, site owners, and others the best available "peace of mind" in dealing with environmental liabilities. Knowledgeable range owners insist that this package be provided before any work involving lead is performed. Exclusive Lead Treatment Technology: MT2 utilizes patented 77- and proprietary ECOBOND" technology to mitigate potential physical, occupational, and environmental hazards associated with high concentrations of lead and other metals in firing range soils.All technology achieves compliance with EPA and state regulatory agencies recommended firing range environmental Best Management Practices (BMPs). Staff Experience and Expertise: Our personnel have on average 24 years overall environmental experience including performing lead removal and lead maintenance. This expertise saves time and money for our customers since there will be no learning curve that may be incurred by less experienced firms. MT2 is Highly Recommended! "As the nation's leader in lead recovery, MT2 is a credible and experienced contractor. Their reliable staff and machinery, along with excellent planning and research make MT2 the clear choice for any shooting r that is ange interested in a lead recovery or range maintenance project. Ammunition— Get the Lead OUt! 888-435-6645 www.MT2.com Page 4 MT2 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: EXHIBIT B (Continued) 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. EXHIBIT B (Continued) D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Client#: 33569 METTREPC ATE(MMIDD ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 D4/11/2 01'9 YY) /1119 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). CONTACT Nick Brown PRODUCER NAME:E: Holmes Murphy Colorado PHONE 720-458 5770 A/c No: 844-248-0468 (PA No,Ext 7600 East Orchard Road,Suite 230 South E-MAIL ADDRESS: nbrown@holmesmurphy.com Greenwood Village,CO 80111 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Starr Surplus Lines Insurance Company 13604 INSURED INSURER B:Starr Indemnity&Liability Company 38318 Metals Treatment Technologies, LLC INSURER c:AGCS Marine Insurance Company 22837 dba Ii LLC INSURER U. 14045 West 66th Avenue INSURER E Arvada,CO 80004 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I�TR TYPE OF INSURANCE NSR WVD POLICY NUMBER MM/DDYYYYY MM/D EFF D/YYEYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 1000067113181 10/01/2018 10/01/201§EACH OCCURRENCE $1,000,000 CLAIMS-MADE �OCCUR PREMISESOEa occur°nce $100,000 X BI/PD Ded:$2,500 MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 n JECT PRO- LOC POLICY ! PRODUCTS-COMP/OP AGG $2,000,000 � OTHER: OMINEB AUTOMOBILE LIABILITY SISIPCA08275018 10/0112018.10/01/201 as accident SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident _ i $ A UMBRELLA LIAR X OCCUR 1000337409181 10101/2018 10/01/201 EACH OCCURRENCE $$OOO OOO x EXCESS LIAB CLAIMS-MADE AGGREGATE $8 00O 000 DED X RETENTION$O $ B WORKERS COMPENSATION 100000148904 10/01/2018 10/01/201 X PERTuIF ER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 C Leased/Rented Eq. SML93024512 10/01/2018 10/01/201 , $1,000,000; $1,000 Ded C Installation Fit. SML93024512 10/01/2018 10/01/201 1 $1,000,000; $1,000 Ded A ',Pollution/Prof. 1000067113181 10/01/2018 10/01/201 $lMilOcc/$2MilAgg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) As required by written contract or written agreement,the Certificate Holder is included as Additional Insured and Waiver of Subrogation under General Liability with respect to the above referenced. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S439016/M386807 MANV1 j Policy Number: 1000067113181 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or 1. "Bodily injury", "property damage" "personal agreement that such person or organization be y try p p y ge or p and advertising injury" arising out of the added as an additional insured on your policy, Such person or organization is an additional rendering of, or the failure to render, any ,€ ess profional architectural, engineering or E insured only with respect to liability for "bodily �E surveying services, including: injury", "property damage" or "personal and i{ advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and � t behalf; in the performance of your ongoing specifications; or operations for the additional insured. b. Supervisory, inspection, architectural or ¢ However, the insurance afforded to such additional engineering activities. insured: This exclusion applies even if the claims against 1. Only applies to the extent permitted by law; and any insured allege negligence or other wrongdoing 2. Will not be broader than that which you are in the supervision, hiring, employment, training or required by the contract or agreement to monitoring of others by that insured, if the provide for such additional insured. "occurrence" which caused the "bodily injury" or A person's or organization's status as an additional "property damage", or the offense which caused insured under this endorsement ends when your the "personal and advertising injury", involved the operations for that additional insured are rendering of or the failure to render any completed. professional architectural, engineering or surveying ` services. i I f i P !I i I k CG 20 33 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 2. 'Bodily injury" or "property damage" occurring same project. after: C. With respect to the insurance afforded to these a. All work, including materials, parts or additional insureds, the following is added to equipment furnished in connection with Section III -Limits Of Insurance: such work, on the project (other than The most we will pay on behalf of the additional service, maintenance or repairs) to be insured is the amount of insurance: performed by or on behalf of the additional 1. Required by the contract or agreement you insured(s) at the location of the covered have entered into with the additional insured; or operations has been completed; or 2. Available under the applicable Limits of b. That portion of"your work" out of which the Insurance shown in the Declarations; injury or damage arises has been put to its intended use by any person or organization whichever is less, other than another contractor or This endorsement shall not increase the applicable subcontractor engaged in performing Limits of Insurance shown in the Declarations, operations for a principal as a part of the Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 33 04 13 Policy Number. 1000067113181 COMMERCIAL GENERAL LIABILITY CG20100413 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART k SCHEDULE I Name Of Additional Insured Person(s) Or Or anization s : Location(s)Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or I� damage" or "personal and advertising injury" on behalf of the additional insured(s) at the { caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2• That portion of "your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the location(s) other than another contractor or subcontractor engaged in performing operations for a designated above. principal as a part of the same project. However: 1. The insurance afforded to such additional C. With respect to the insurance afforded to these insured only applies to the extent permitted by additional insureds, the following is added to law; and Section III—Limits Of Insurance: 2. If coverage provided to the additional insured is If coverage provided to the additional insured is required by a contract or agreement, the required by a contract or agreement, the most we insurance afforded to such additional insured will pay on behalf of the additional insured is the will not be broader than that which you are amount of insurance: required by the contract or agreement to 1. Required by the contract or agreement; or provide for such additional insured. 2. Available under the applicable Limits of ' B. With respect to the insurance afforded to these Insurance shown in the Declarations; E additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the I property damage"occurring after: Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective: 10/01/2 018 Policy No.: 100000148904 Endorsement No.: 1 Insured:Metal Treatment Technologies, Prernium: LLC dba MT2, LLC Insurance Company: Starr Indemnity & Liability Co. Countersigned by: WC 00 03 13 (Ed. 04-84) Page 1 of 1 REQUEST FOR MAYOR'S SIGNATURE KE 0 T Print on Cherry-Colo: Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Directorr�--� Originator: Christopher Sprague Phone (Originator): x5857 Date Sent: May 17,2019 Date Required: May 24,2019 Return Signed D cLjment to: Iir* , - Prague Contract Termination Date: August 5, 2019 VENDOR NAME: U Date Finance Notified: Metal Treatment Technologies, LLC (Only required on contracts 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:April 10,2019 Re uired on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: Authorized in the Bud et? • YES NO Brief Explanation of Document: This contract is to have the Police firing range bullet stopping media replaced and disposed of. The work will take approximately two weeks. Recf�IVED MAY 2 0 2019 KENT LA W flEP All Contracts Must Be Routed Through The Law Department Received: (This area to be completed by the Law Department) -� (��i ��'` Approval of Law Dept.: Law De et. Comments: G,/C v Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: MAY 2 3 201y Disposition: S�3"Imo,e- 5 aql tq City of Kent Office of the Mayor Date Returned: 1 rvi\orms\ ocument rocessing\ equest or Mayors Signature.aocx