HomeMy WebLinkAboutCAG2021-311 - Original - Metals Treatment Technologies, LLC - Firing Range Maintenance - 06/30/2021FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Dir Asst:
DirlDep:
Agreement Routing Form
KENT
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover
Sheet forms. (Print on pink or cherry colored paper)WAsHtNcroN
Optional)
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Originator:
Jalene King
Department:
Police
Date Sent:
06/2s/202r
Date Required:
Authorized to Sign
r'Mayor or Designee
Date of Council Approval:
Budqet Account Number:
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Vendor Name:
Metal Treatment Technologies, L.L.C. (MT2)
Category:
Contract
Vendor Number:
L254397
Sub-Category:
Original
Project Name: Firing Range Maintenance
ProjectDetails: Services on the granulated rubber trap including bullet and
debris removal.
Agreement
Start Date:
nmounti;fr3 L,323.45 Basis for Selection of Contractor: Othef*
Memo to Mayor must be attached
TerminationDate: 7130121
Local Businessrf]ves nfE
Business License Verification: l_l
If meets requirements per KCC 3.70.100, please complete'yendor Purchase-Local Exceptions" form on Cityspace,
Yes[ln-Proc"s!E*"*pt (Kcc 5.01.045)
Notice required prior to disclosure?
f]v"'!r'ro
Contract Number:
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JPG C'ItrCgtE
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Comments:
Date Received: City Attorney:Date Routed: Mayor's Office City Clerk's Office
adccw22373-1-20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev. 202 1 05 1 3
6/29/2021
Metals
KPD to obtain missing additional insured endorsement and append it to the agreement.
Other than that, this contract is OK to sign. 6/30/2021, TW.
CAG2021-311
6/30/ 21
10002100.64190.3110
KENT
GOODS & SERVICES AGREEMENT
between the City of Kent and
Metals Treatment Technologies, L,L.C.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Metals Treatment Technologies, L.L.C. 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.
The Vendor shall provide the following goods and materials and/or perform the following services for
the City:
Perform firing range maintenance services on the granulated rubber trap, including bullet and
debris removal, at the Kent Police and Fire Training Center, The work will be done in
accordance with the June 16, 2021 proposed scope of work attached and incorporated as
Exhibit A.
The 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, the Vendor shall
complete the work and provide all goods, materials, and services by July 3At2OZI at 2359 hours.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $31,323.45,
including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this
Agreement. This "not to exceed" amount is a limit placed upon the City's purchasing authority before
additional authorization is required through a properly negotiated and executed amendment to this
Agreement.
In payment of Vendor's goods, materials, and services under this Agreement, the City shall pay the
Vendor the following amounts according to the following schedule:
A mobilization payment in the amount of $6,000 will be paid to Vendor prior to the start of
work.
At the completion of the work and upon receipt of a final invoice from Metal Treatment
Technologies, LLC., the balance of $25,323.45 will be paid within 30 days (net 30).
GOODS & SERVICES AGREEMENT - 1
(over $20,000, including WSST)
Card Payment Prooram. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions orcredit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the 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 pottion.
Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the 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 the 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.
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 the 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 thaL existed before the City retained the
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.
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.
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 the Vendor's
business, and has obtained a Unified Business ldentifier (UBI) number from the State
of Washington.
The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
A
B
D
E.
F
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, the Vendor must submit a written amendment request to the
person listed in the notice provision section of thisAgreement, Section XV(D), within foufteen (14) calendar
days of the date the 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
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 VIII, 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 the
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. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party, Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-l9 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or performance
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
GOODS & SERVICES AGREEMENT - 3
(Over $20,0A0, including WSST)
VIII. 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, orextension of time, whether underthis Agreement orotherwise, 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 PROVTDE A COMPLETE, WRIfiEN NOTTFTCATTON OF CLArM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAV 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:
The date of the Vendor's claim;
The nature and circumstances that caused the claim;
The provisions in this Agreement that support the claim;
The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
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.
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.
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).
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).
IX. 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.
X. WARRANTY. The 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
GOODS & SERVICES AGREEMENT. 4
(Qver $20,000, including WSST)
1.
2.
3.
4.
5
c
D
E
established under the Uniform Commercial Code, Title 624, Revised Code of Washington' The 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 the Vendor's representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or
discovery of the defect. In the event any paft of the goods are repaired, only original replacement parts
shalt 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 orderto accomplish the correction.
XI. 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.
The Vendorshall 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.
XII. INDEMNIFICATION. The 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 the 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 the 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 couft having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor
snatt pay a|l the City's costs for defense, including all reasonable expert witness fees and reasonable
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.
XIII. 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.
XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the peformance of
the contract work and shall utilize all protection necessary for that purpose, All work shall be done at the
Vendor's own risk, and the 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'
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
XV. MISCELLANEOUSPROVISIONS.
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 avaitable 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 Iawsuit, including all appeals, in addition to any other recovery or
award provided by law; orovided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XIi of this Agreement.
D. Written Notice, All communications regarding this Agreement shall be sent to the pafties 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 shalt be void, If the non-assigning pafty 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. Modjfication. 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 theVendor.
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,
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 the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
L 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,
J. 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.
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
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. Futher, 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 onthe 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 deemedto have applied.
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
GOODS & SERVICES AGREEMENT - 7
(Over $20,000, including WSSI)
VENDOR:
0
Print Name: Michael Burkett
Its Vice President
DATE:6/)Al 2027
CITY OF KENT;
By
Print Name: Dana Ralph
DATE
NOTICES TO BE SENT TO:
VENDOR:
Michael Burkett
Metals Treatment Technologies, L.L.C.
t4O45 W. 66th Ave
Arvada, Co. 80004
(303) 4s6-6977 (telephone)
(303) 4s6-6998 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Christopher Sprague
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(2s3) 7 40 -8225 (telephone)
(253) 856-6805 (facsimile)
06/30/2021
DECLARATION
crw oF KENT EQUAL EMPLOYMENT OPPORTUNTTY POLTCY
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.
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.
During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
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.
c
3
4
5
By
For Metals Treatment Techn ooies I lC
Title:Michael Burkett / Vice sident
Date:6/28/202L
EEO COMPLIANCE DOCUMENTS - I of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:
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.
MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
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,theundersigned,adulyrepresenteda9entof
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
th (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
EXHIBIT A
RANGE SERVIEES
Proposal
Firing Range Maintenance
Prepared for:
City of Kent Police DePartment
24523 1-16 Ave SE
Kent, WA 98030
Chris Sprague, Range Master
253-7 40 -8225, cs p ra g u e @ ke ntwa. gov
Prepared by:
Metals Treatment Technologies, LLC
(dbq MT2 Firing Ronge Services, LLC)
14045 W 66th Ave; Arvada, CO 80004
www.mt2.com 888-435-5545
tune 76, 2027
96.2% of our Clients say:
"l would recommend MT2 to others."
Metals Treatment Technologies, LLC (MT2) has prepared this Proposal to address the specific requiremenb ofthe project referenced within this
Proposal and contains propiietary 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 mnfidential 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 wriften consent of MT2.
A+ Ratins
Bctter Business Bureau
$'
IuTlZl
Proposal:
Prepared for
Firing Range Maintenance
City of Kent Police Department
Page i
What Our Clients Have to Say!
clLY:-Q,E .r,
I am writing to express my great satisfaction in the quality of work performed
by MT2's personnel on the Apopka Police Department's firearms range' MT2
successfully completed this project on time and within budget. [MT2's project
personnell, were on time, went right to work, stuck to the schedule and left the
range in better shape physically than when they arrived. They were extremely
helpful in providing the police department with an understanding of the scope
and depth of the project, They removed the lead from the berms, treated our
range with the utmost care, and the completed work exceeded our
expectations. We found all MT2 personnel to be very professional and personal
in their work. I would highly recommend MT2 to other entities looking for firing
range services. Thank you for your time.
Bryan Nelson; Mayor
City of Apopka
@t
COLORADO
Bureau of Investigation
l)cpnrbncnl ol PlHr. Sr{e(Y
I have to tell you, we've been very pleased with the service your company has
provided. Everyone I came in contact with at MT2 were professional,
personable, and pleasant to work with. So often customer service seems to be
a thing of the past, lt was nice to simply experience great service' I enjoyed
meeting several of the employees and I appreciated their positive attitudes. My
walk-away impression of MT2 from my initial cold-call to your company, to
project completion was you have a great group of people who take a lot pride
in the company and their jobs. I was thoroughly impressed with the job
knowledge and caliber of your employees. Thank you again, and I look forward
to working with you again down the road.
David MaloneY, LaboratorY Manager
Colorado Bureau of lnvestigation Forensic Services
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Click here to read over 50 more testimonials
Click here to view the playlist of over 25 Video S-Star
reviews from firing range clients
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€-
tuTlzl Proposal:
Prepared for
Firing Range Maintenance
City of Kent Police Department
Page ii
Table of Contents
1.0 PRICING
1.1 Project Schedule:
1.2 Project Approach Clarifications and Assumptions:
2.0 EXPERIENCE & QUAL|FICATIONS.............
2.1 CompanyHistory.......
2.2 lndoor Range Services.......
2.3 Additional lnformation
You Operate the Flring Range. We Get the Lead Out!'"888-435-6645 | www.mt2.com
S-
tuTlzl Proposal:
Prepared for:
Firing Range Maintenance
City of Kent Police Department
Page 1
1.0 PRICING
The purpose of this proposal is to provide firing range maintenance services at the 5-lane granulated
rubber trap range,
r MT2 owns the recovered recvclable materials; MT2 will provide the Client 50% split of the net value of recvcled
materials. Netvalueisdeterminedastherecycledvalueofthematerial lessthesamepercentofthecostofcontainers,pallets,
handling equipment, transport, and applicable taxes, to be used to offset project costs. MT2 does not guarantee the value or
quantity of recovered recyclable materials. The actual value of recycled materials will be determined at the time of recycling
2 MT2 pricing prior to Client recycling credit
s3,soo1
Per
Service Sg,sooPlans, Preparation, and Mobilization
- Starting date based on MT2's schedule
7
Per
Service So,ooo S6,ooo
Select
One Optional - Dedicated Plans, Preparotion, and Mohilizdtion
- Client directed service dotes
- Does not include overnight work or Sundays
Scope of Work Options
S17,150 s17,4s02\Per
Service
Lead Recovery/Recycling
- One (1) bay, five (5) lanes; granular rubber trap
. Range size, 25 yards
- Perform "Full Pull" recyclable bullet/bullet fragment removal
from bullet trap(s), utilizing MT2-determined means and
methods for separation; MAY include fines removal
- Place recovered recyclable materials in MT2 specified
containers and pallets, staged onsite for transport/recycling
- Place processed granular rubber back onto the trap and
groomed to a uniform depth across the trap
- Load the containerized recyclable materials 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 show appropriate recycling
- Upon completion of lead recovery/recycling activities, MT2 will
HEPA vacuum the work area
Waste Management & DisPosal
- Waste generated during onsite activities will be managed as
detailed below under Waste Management & Disposal options
- Client is the generator of the waste from the facility
Service Report
- Summary of performed onsite activities
- Date(s) and timeframe in which the work was performed
- Certificate of
S3,1so1
Per
Service s3,150
Range Cleaning
- HEPA vacuum the range from the trap to the back wall; floors
and walls (up to 8')
- HEPA vacuum and wet wipe non-porous surfaces of the
shooting partitions
- HEPA vacuum and wet wipe (non-porous surfaces) remainder of
building, includes four (4) ancillary rooms, hallway , and shower
Qty Unit Unit Rate
MT2
P ricingItem
You Operate the Firing Range, We Get the Lead Out!'"888-435-6645 | www.mt2.com
q
]UTfi2
Proposal:
Prepared for:
Firing Range Maintenance
City of Kent Police Department
Cleaning criterion is Free as Practicable3
Pricing assumes work is performed in conjunction with other
onsite MT2 activities. lf not, an additional mobilization will apply
5
Per
Lane
Srzo per
Lane SesoHopper Refill
- lnstallation of berm and/or Client provided rubber
Qty Unit Unit Rate
MT2
P ricingItem
Page 2
MT2 offers three choices for managing and disposing of lead contaminated hazardous waste:
3 Free as practicable per OSHA Guidelines - 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. No sampling will be performed
Est,
s1,oo0Est. 2 CY
Per
Cubic
Yard
(cY)
Ssoo
Per CY
Option 1 - Treatment of Range Waste and Disposal as Non-
Hazardous
- 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
- Containerize material in MT2-provided container(s),
coordinate the 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
TBDTBDTBDCost +
2oo/o
Option 2 - RCRA Hazardous Waste Management and
Disposal
- Place lead impacted solid waste into DOT-approved,
hazardous waste transportable container(s)
- Consolidate and properly label hazardous waste
containers and stage onsite for eventual transportation
and disposal
- Provide hazardous waste profiling and manifesting
support services
- Provide hazardous waste profiling and manifesting
support services
- Waste will be properly DOT packaged & profiled for
disposal at an approved hazardous waste landfill
- Coordinate transportation and disposal of the Client's
hazardous waste
- Hazardous waste manifests will be used to document
proper transportation and disposal ofthe waste
- Client is the generator of the waste from the facility
soSo
Option 3 - Client Managed DisPosal
- MT2 will stage bagged waste onsite for Client
management and disPosal
- MT2 will not provide drum or cubic yard box for waste
MT2
P ricingItemQtyUnit Unit Rate
You Operate the Flring Range. we Get the Lead Out!'M 888-435-5645 | www.mt2.com
s,-
]VTT2
Proposal:
Prepared for
Firing Range Maintenance
City of Kent Police Department
Page 3
1.1 Proiect Schedule:
Starting date is based on MT2's schedule.
MT2 anticipates starting onsite as early as first quarter 202L. MTz 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.
1,2 Project Approach ClariJications and Assumptions:
. Client will provide upfront payment of $3,500 prior to MT2 mobilization. Remaining balance
(project cost minus upfront mobilization payment, minus applicable recycling credit) due to MT2
within 30 days of Client receipt of MT2 invoice (Net 30 days). lnvoice 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
r Continuous work schedule, no interruptions to process schedule
r Range ventilation system(s) will be active during the service. lf range ventilation system(s) is
not left on, additional fee of 51,000 applies
. 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 1.2 hours per day
. 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. lf live ammunition is discovered, it will be left onsite for
Client to manage
r Except for liability due to MT2's negligence, 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
. MT2 at its sole discretion may offer Client an opportunity to renew this Agreement for an
additional four (4) one (1) year term(s). Client understands and acknowledges that any future
contracts or renewals are neither automatic nor implied by this Agreement
You Operate the Firing Range. We Get the Ledd Out!'"888-435-6545 | www.mt2.com
s,-
]UTI2
Proposal:
Prepared for:
Firing Range Maintenance
City of Kent Police Department
Page 4
2.0 EXPERIENCE & QUALIFICATIONS
2.1 Company llistory
MT2 is the #1- Largest Nationwide Professional Firing Range Lead Reclamation, Maintenance, Cleaning &
Construction Contractor. With over 20 years' industry experience, MT2 is recognized as the nation's #L
environmental firing range service provider and the largest and most professional contractor. We have
demonstrated unmatched credentials and capabilities through performing over 3,000 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. Our firing range services include lead
reclamation (bullets and lead shot recovery), firing range design, shooting range construction, gun range
cleaning, and complete firing range maintenance, and firing range remediation services. Our customer
value proposition is to offer leading technology, superior field services, and knowledgeable environinental
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 incl uding:
Lead Reclamation/Recycling
o Recovery of bullets/bullet fragments from bullet trap
o 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
o Removal and transportation offsite of recovered range lead/brass
Treatment of Range Waste and Disposal as Non-Hazardous
o Proprietary and patented treatment process known as ECOBOND@
e 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
r Range cleaning and Best Management Practices for continued range use
o Complete lead dust remediation for range closures
Range Evaluation and Consultation
o Range assessment, OSHA Health & Safety
o Range sustainability (NRA/NSSF Best Management Practices, regulatory Support)
r Assist with all aspects of range development
Range Maintenance/lmProvements
o Shooting range maintenance and improvements
o Shooting range cleaning and fixation of lead contaminated surfaces, reduction in airborne lead
(booths, walls, floors, equipment, etc')
r lnstallation or replacement of HVAC system
o Complete shooting range lead abatement
o Shooting range remediation and closure
You Operate the Firing Range, We Get the Lead Out!'*888-435-5645 | www.mt2.com
q&'
]UTfiI Proposal:
Prepared for:
Firing Range Maintenance
City of Kent Police Department
Page 5
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, ln fact, not only
does MT2 comply with regulations, we also helped establish industry standards for environmental and
safety methods.
Licensed, Bonded and Insured: MT2 maintains applicable professional licensing, is fully bondable, and
provides S10MM of insurance protection including General and Pollution Liability lnsurance 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,
Lead Removal & Recycling - MT2 exclusively guarantees the highest value for your range lead; MT2 has
performed lead reclamation in all 50 states nationwide to remove and recycle over 15,000,000 lbs. of lead'
MT2 guarantees to pay the highest percent of LME lead value. MT2 is committed to getting you the
absolute highest value for your range lead so we offer the opportunity to LOCK lN the lead credit value at:
1) The time of contracting or
2) When we arrive onsite and package the lead
You are in control!
We have credited > 55.600.000 to range owners from lead recvcling.
New Lead Recycling Credit Options: MT2 guarantees to pay the highest percent of LME lead value.
When you use our National Service Team to generate maximum lead recycling credit, the Range receives
SS in a check, or as credit at the nation's leading Firing Range Supply Store with preferred pricing. MT2
has developed a strategic alliance with a national distributor of firearms, ammunition and shooting
accessories with a L6,000+ catalog of premium firearms & accessories, they have served retail gun shops,
major sporting goods stores, gun clubs, shooting ranges and government agencies since 1984; and are a
supplier of nearly 100 of the world's premier shooting industry manufacturers. You are not limited to
using your lead credit for only bullets or targets and we have negotiated highly preferred pricing for you
from filters to firearms and more!
Exclusive Lead-Contaminated Waste Treatment: MT2 utilizes our exclusive patented and proprietary
ECOBOND@ technology to treat lead-impacted waste during lead maintenance projects to save an average
of 50% on waste disposal or to mitigate potential physical, occupational, and environmental hazards
associated with high concentrations of lead.
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.
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.
You Operate the Firing Range. We Get the Lead Out!'*888-435-6il5 | www.mt2.com
€.
Mt72 Proposal:
Prepared for:
Firing Range Maintenance
City of Kent Police Department
Page 6
THE MTz LEAD RECLAMATION PROCESS
RANGE PROJECT SETUP BY TRAINED & CERTIFIED CREW
Work crew mobilizes and sets up our specialty equipment, sets up lead dust
containment and ventilation; walks range with owner to conduct pre-work
planning.
WORK PROCESS
Reclaim lead, restore traps/berms and clean range; restoring to highest standards.
ALL work follows written Health and Safety and Work Plans. We are OSHA/EPA
Experts with no violations, and we take no shortcuts.
JOB COMPLETION
Finish site work, clean up, containerize, weigh & arrange for transportation of lead
drums for recycling and LEGALLY dispose of your lead waste. Optional onsite lead
waste treatment with ECOBOND@ to ensure you NEVER Generate Hazardous
Waste. GUARANTEED! Provide range with detailed log on amount of lead reclaimed
and waste.
FINAL REPORT (typically L-2 weeks later)
prepare final report & important records for range to keep, including: waste
manifests, lead reclamation certificates, and other important details to support
final project completion to protect you & your range if EPA asks for documentation !
LEAD PROCEEDS
Supply lead reclamation proceeds check to owner, or offset range service costs as
per previously approved contract, ensuring no surprises! Or use lead proceeds in
the MT2 Firing Range Lead Credit Store with a 16,000+ catalog of premium products
from filters to firearms and more! Receive your lead proceeds within 10 days!
You Operdte the Firing Range. We Get the Lead Out!'*888-435-5645 | www.mt2.com
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injirries to persons or damage to property.which may arise from orin
c5nnection 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
forrrrcC 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury
and 'advertising injury, and liability assumed under an insured contract'
The City shall 6e named as an insured under the Contractor's Commercial
Generai Liability insurance policy with respect to the work performed for
the City using ISO additional insured endorsement CG 20 10 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liabilitv insurance covering all owned, non-owned, hired, and
ffierageshallbewrittenonInsuranceServicesoffice
(ISO) form CA O0 01 or-a substitute form providing equivalent liability
coveiage. 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/Consultant's Pollution Liability insurance covering losses
canseO bV pollution conditions that arise from the operations of the
Contractor.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less
@hoccurrence,$2,000,000general.aggregateanda
$2,000,000 products-completed operations aggregate limit.
EXHIBIT B (Continued)
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/Consultant's Pollution Liability insurance shall be written in
aJl amount of at least $1,000,000 per loss, with an annual aggregate of at
least g1,000,000. 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 insurance:
1. The Contractor's insurance coverage shall be primary insurance as respectthe 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 endois'ement naming the City as additional insured shall be attached to
the b6rtificate of Insurance. The City reserves the right to receive a certified copy of
att requirea 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.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. 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 insurance requirements of the Contractor before
commencement of the work.
F. 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
ACORD," CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
9t30t2020
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'
lf the certificate holder an INSURED, thE must ADDITIONAL INSURED provisions or
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer to the certificate holder in lieu of such
PRODUCER
Holmes Murphy - Colorado
7600 East Orchard Road, Suite 230 South
Property Casualty - Colorado
Greenwood Village, CO 80111
Nick Brown
1I18.N,F". .,u, z 20 4sg -s7 7 o 844-248-0468
n mesm .com
INSURER(S) AFFORDING COVERAGE NAIC #
tNsuRER a : Starr Surplus Lines lnsurance Company 13604
INSURED
Metals Treatment Technologies, LLG
14045 West 66th Avenue
Arvada, CO 80004
tNsuRER B , Pinnacol Assurance Company 41 190
tNsURER c ; Zurich American lnsurance Company 16535
tNsuRER D: AGCS Marine lnsurance Company 22837
tNsuRER E: Starr lndemnity & Liability Gompany 38318
INSTJRER F:
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS rs TO CERTIFY THAT THE POLtCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM ED ABOVE FOR THE POLICY PERIOD
IN DICATED.NOTWITHSTANDING ANY REQU IREMENT TERM OR CONDITION OF ANY CONTRACT OR OTH ER DOCU MENT WITH RESPECT TO WHICH THIS
CERTIFICA TE MAY BE ISSUED OR MAY PERTAIN,THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE IN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'YPE
OF INSURANCE N!tR
SUBFwvll POLICY NUMBER
FOLICY EFF
rMM/DD/YYYY)LIMITS
A COMMERCIAL GENERAL LIABILITY
.LA.MS-MADE fil o..r*
BI/PD Ded: $2,500
GEN'L AGGREGATE LIMIT APPLIES PER:
.or,", fil!F"oi f l,-o.
OTHER:
x 1 0000671 1 3201 10t0112020 10t0112021 EACH OCCURRENCE s 1.000.000
s100,000DAMAGE TO RENTEDPRFiTISFS /F. ^..rrrrrn.e\
MED EXP (Anv one person)s5.000
PERSONAL & ADV INJURY s 1.000.000
GENEML AGGREGATE s2.000.000
PRODUCTS - COMP/OP AGG s2.000.000
$
E AUTOMOBILE LIABILITY
X ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEOULED
AUTOS
NON-OWNED
AUTOS ONLYxx
1000638063201 10t0112020 10t0112021 $1,000,000
BODILY INJURY (Per person)$
$BODILY INJURY (Per accldent)
$
$
A UMBRELLA LIAB
EXCESS LIAB
x OCCUR
CLAIMS-MADE
1000337409201 10t01t2020 't010112021 EACH OCCURRENCE s8.000.000
x AGGREGATE s8.000.000
DED x nrrpNrroN s0 $
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
ANYPROPRIETOFVPARTNEFVEXECUTIVET I
oFFTCEFyMEMBEREXCLUDED? I Yl
(Mandatory ln NH)
lf yes, describe under
DFSCRIPTION OF OPERATIONS bEIOW
N/A
4226286 10to1t2020 10t01t2021 x PERSTATI tTF OTH.FR
E.L. EACH ACCIDENT s1.000.000
E.L. DISEASE - EA EMPLOYEE s1.000.000
E.L, DISEASE - POLICY LIMIT s1.000.000
c
D
A
Workers' Comp-OSC
UR Eq/lnstallat
Poll/Prof Liab
wc298299500
sML93024512
1 0000671 13201
1o10112020
1010112020
t0t01t2020
1010112021
1010112021
10t0112021
$1Mir/lMiU$lMil
$1,000,000;$1,000 Ded
$1Mil Occ/$2MilAss
DESCRIPTION OF OPERATTONS / LOCATTONS / VEHTCLES (ACORD',lOl, Addltlonal Romarks schedule, may bo attached lf more spaco is roqulrod)
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.
Gity of Kent
220 Fourth Ave S
Kent, WA 98032
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN
ACCORDANCE WTH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
C/+y nl t
ACORD 25
#s62
(2016/03)
13751M621
1 ot1
140
@'1988-2015 ACORD CORPORATION' All rights reserved
The ACORD name and logo are registered marks of ACORD
MANVl
I(ENT POLICE DEPARTMENT
Rafael Padilla, Chief of Police
220 Fourth Ave S
Kent, WA 98032
253-856-5885
Memorandum
To: Dana Ralph, MaYor
Date: rSn t .ryz{zozo ff\Ozlc}r' \l 2D?)
From: Christopher Sprague, Rangemaster/Training Coordinator
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 telephone/written bids or quotations, to enter a Goods and Seruices
Agreement, as set forth in KCC 3.70.090. The Firing Range is due to remove hazardous
wiste material from its bullet trap and some of the trap rubber decelerating media; a
pa..5 that involves unique and special seruices, 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
fortn b/tlre Environmental Protection Agency ("ElA"); Washington State Depaftments
of Labor and Industries; and Washington State Department of Ecology. The primary
prrpor" of the bullet trap is to safely collect and store all bullets fired into them, without
if".ting ongoing shooting, and without causing environmental damage. For this reason'
,emovai ani aisposal of Zollected 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
iir., the deceleration irpr iubber becomes pulverized, thus, losing the ability to
effe&ively 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 surueyed 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 offers a proprietary seruice of
-ncapsulating the rubber waste, rendering the rubber non-hazardous wast€, bY the EPA
standards. Additionalty, this process is cost-efficient: hazardous waste is expensive to
airpor" oi, thus, the ability to encapsulate the rubber to non-hazardous waste, saves the
city of hazardous waste disposal costs.
Memorandum:
March 4,2021
Page: 2
MT2 also separates the lead from the rubber and recycles the heavy metal, offering a
credit for the recycting. MT2 provides all required hazardous material transpoft and
itorug" papenruork, to include the manifests for the recycling of the lead.
In 2016, the Firing Range used MT2 to clean its bullet trap. In 2Ot9, MT2 was again used
nafz to iompleteli replice the rubber media within the trap. The service and attention to
detail were excetient. 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 ioltow regulations can lead to worker injury and/or death,
environmental and public hazardsinA fines and imprisonment, Further, the generator of
the waste can also be held liable for the contractor's actions.
KCC 3.70.110(Ax2) &(Ax3) allows the Mayor to waive the bidding requirements for the
puritr.r" of goobi,'mate.iais, equipment, or services that are not part of a public work
lpon u findin! tnat the bidding requirements would otherwise not be practicable or in the
City,s best interests under th1 circumstances. Because MT2 offers a special service, I
believe it is in the City's best interest to directly negotiate a seruices 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
,ighing *n.r"'indicated below. ihis waiver and the resulting contract will be filed with
if.r-" Cfv derk's office in accordance with Kent City Code 3.70.050.
Respectfully submitted,
Christopher SPrague
Mayor Dana RalPh
4r-lzo7)
Date