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CAG2024-332 - Original - Metal Treatment Technologies, LLC - Police Range Maintenance - 7/11/24
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Phil Johnson Police Date Sent: Date Required: > 06/04/2024 0 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website Budget Account Number: Grant? Yes NoF-] 10002100.64190.3110 Budget? Yes 04 Type: N/A Vendor Name: A Category: Metal Treatment Technologies Contract Vendor Number: Sub-Category: 1254397 Original 0 Project Name: Police Range, Maintenance cProject Details: Services on the granulated rubber trap including bullet and c debris removal 40 c (11.111 Basis for Selection of Contractor: Agreement Amount: $37,320.27 Other E *Memo to Mayor must be attached El h- Start Date: Termination Date: 9/15/24 Im a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes❑No CAG2024-332 Work has started. Mayor ratifies past actions. 0 � c IM 0 Dana Ralph, Mayor a > Date: a Date Received:City Attorney: 7/11/24 Date Routed:Mayor's Office 7/11/24 City Clerk's Office adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 ICENT V/w..k 1..*00. GOODS & SERVICES MAINTENANCE 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 Colorado, located and doing business at 14045 West 66th Avenue Arvada, Colorado 80004, Michael Burkett (hereinafter the "Vendor"). GREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following maintenance 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 January 29, 2024, 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 maintenance services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 14 calendar days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by September 15, 2024 at 2359 hours. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $37,320.27, including applicable Washington State Sales Tax, for the goods, materials, and maintenance services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: A mobilization payment in the amount of $6,500 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 $30,820.27 will be paid within 30 days (net 30). Card Payment Program. 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 GOODS &SERVICES MAINTENANCE AGREEMENT - 1 (Over$20,000.00, Including WSST) 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 or credit 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 portion. A. 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. 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. PREVAILING WAGES.The Vendor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor&Industries prior to commencing the Contract work. The Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. V. 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 that 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. 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 the 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. GOODS & SERVICES MAINTENANCE AGREEMENT - 2 (Over$20,000.00, Including WSST) VI. 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. VII. CHANGES. The City may issue a written change order 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 a change order is necessary, the Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (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 change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order 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. VIII. FORCE MA3EURE. 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-19 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 MAINTENANCE AGREEMENT - 3 (Over$20,000.00, including WSST) IX. CLAIMS. If the Vendor disagrees with anything required by a change order, 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. nlotice 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. Regor_d5 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 ProteggoL►Ilgrk In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. 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). X. 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. XI. 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 MAINTENANCE AGREEMENT - 4 (Over$20,000.00, including WSST) established under the Uniform Commercial Code, Title 62A, 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 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 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. XII. 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 Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XIII. 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 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 court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all 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. XIV. 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. XV. 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 performance 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 MAINTENANCE AGREEMENT - 5 (Over$20,000.00, including WSST) XVI. 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 Disimtes 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; 12rovided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII 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 the 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. H. Comgliance 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. I. Public Re,ords 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. 1. Citv Business License RggLuired. 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 MAINTENANCE AGREEMENT - 6 (Over$20,000.00, including WSST) K. Counterparts and 51unatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: By �cJJ4*—_ By: Print Name: Michael Burkett Print Name: Dana Raloh Its- _ _ Executive Vice Presidvn$ Its DATE: 06/10/2024 DATE: 07/11/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Michael Burkett, Vice President Ian Warmington Metals Treatment Technologies, L.L.C. City of Kent 14045 W. 66th Ave 220 Fourth Avenue South Arvada, CO. 80004 Kent, WA 98032 (303) 456-6977 (telephone) (253) 856-5854 (telephone) iarmington@kentwa.gov temaill APPROVED AS TO FORM: 04S<%r� Kent Law Department ATTEST: et�' 64 Kent City Clerk GOODS &SERVICES MAINTENANCE AGREEMENT - 7 (Over$20,000.00, including WSST) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); e 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter"Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b, cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 5 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viili. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure EEO COMPLIANCE DOCUMENTS - 3 of 5 compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1'681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: Michael Burkett For: Metals Treatment Technologies, LLC Title: Executive Vice President Date: 06/10/2024 EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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 - 5 of 5 iA "EXHIBIT—A" IWT2 F RI G RA GE EXPERTS Proposal Firing Range Lead Maintenance Prepared for.- Kent Police Department Range 24523 11 Bth Avenue Southeast Kent, WA, 98030 Chris Sprague, Range Master (253) 740-8225, csprague@kentwa.gov Prepared by. Metals Treatment Technologies, LLC 14045 W 88th Avenue Arvada, CO 80004 www.mt2.com 888-435-8545 January 29, 2024 Statement of Confidentiality:Metals Treatment Technologies,LLC(MT2)has prepared this document for discussion purposes only.It is provided on a confidential basis.This document Is the sole property of MT2 and must be returned upon demand.By accepting this document,the recipient agrees to keep confidential the Information and concepts contained herein or made in connection with any further Investigation of the Company.In addition,the recipient agrees not to reproduce this document in whole or in pert without the prior written consentof MT2. Firing Range Lead Maintenance ftRtNG RA�lGE FxP6RTS Kent Police Department Page Table of Contents 1.0 PRICING.............................................................................................................................1 1.1 PRICING: BASE SCOPE OF WORK.......................................................................1 1.2 PRICING: ADDITIONAL SCOPE OF WORK OPTIONS..........................................2 1.3 PROJECT ASSUMPTIONS:... ....... ........._.............................................................2 1.4 OWNER RESPONSIBILITIES:................................................................................3 1.5 PRICING: WASTE MANAGEMENT&DISPOSAL...................................................4 1.6 WASTE ASSUMPTIONS:.......................................................................................5 1.7 PROJECT SCHEDULE:................................................... .......................................5 2.0 COMPANY OVERVIEW......................................................................................................6 1.8 FIRING RANGE SERVICES.................... ...............................................................7 MT2 1 14045 W 66'"Ave. Arvada, CO 80004 1 P: 1-888-435-6645 1 F. 303-456-6998 1 www.mt2 com - Firing Range Lead Maintenance Kent Police Department Page 1 1.0 PRICING The purpose of this proposal is to provide lead reclamation services,removing economically recoverable lead from the one(1)bay,five(5)-lane indoor granulated rubber trap range. 1.1 PRICING:BASE SCOPE OF WORK Item Qty Unit MT2 Pricing Mobilization:Plans and Preparation 1 Per $6,500 — Starting date based on mutually agreed upon schedule Service Lead Recovery/Recycling — One(1)bay,five(5)lanes;indoor granulated rubber trap range • Range size,25 yards — Bullet/bullet fragment removal from bullet trap(s)as deemed economically recoverable by onsite MT2 personnel,utilizing MT2-determined means and methods for separation;MAY include fines removal — Place recovered lead 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 1 Per $13,4001 — Load the containerized lead onto a licensed transport vehicle and have It Service delivered to an MT2-vetted recycling facility — Report on observed wear,damage or need for maintenance — Receive payment from the recycler',and supply necessary documentation to show appropriate recycling 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 — Cleaning criterion is Free as Practicable 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 $0 — Additional Options for Waste Disposal can be found in Pricing:Waste Management&Disposal Service Report No — Summary of performed onsite activities Additional — Date(s)and timeframe in which the work was performed Cost — Certificate of Recycling 'MT2 owns the recovered lead:MT2 will provide the Client 50%split of the net value of recycled lead. Net value is determined as the recycled value of the material less the same percent of the cost of containers, pallets,handling equipment, transport,and applicable taxes,to be used to offset project costs.MT2 does not guarantee the value or quantity of recovered lead.The actual value of recycled lead will be determined at the time of recycling Z MT2 pricing prior to Client lead recycle credit MT2 1 14045 W 66"'Ave.Arvada,CO 80004 1 P: 1-888-435-6645 1 F: 303-456-6998 1 www,mt2 cam }f Firing Range Lead Maintenance Kent Police Department Page 2 1.2 PRICING:ADDITIONAL SCOPE OF WORK OPTIONS Services to be performed in conjunction with Base Scope of Work. Item Qty Unit Unit Rate IVIT2 Pricing "Full Pull"Lead Recovery/Recycling - MT2 personnel will remove all rubber from the trap for 1 Per $7,542 $7,542 processing Service - Pricing_&Scope is in addition to the service above Hopper Refill Per 300 - Installation of berm and/or Client provided rubber 1 Service $2,300 $2, 1.3 PROJECT ASSUMPTIONS: CK Continuous work schedule,no interruptions to process schedule ® Pricing assumes Range is accessible to MT2 equipment. This includes an access pathway from outside to the processing area,as needed,for hoses and/or cords. ® Equipment and lead loadouts are heavy, MT2 is not responsible for damage to landscaping, flooring,etc.while accessing the range Plans and Permitting.MT2 is responsible for,and pricing only includes:Work Plan&HASP ® 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 �j Bullet/bullet fragment separation will be performed utilizing MT2-determined means and methods for separation ® 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 ® This proposal does not guarantee quantities of fines to be removed ® Pricing is based on fuel charges not exceeding$6/gal on diesel and$5/gal on gasoline based on the U.S. Energy Information Administration (USEIA) conglomerated "U.S" price htt s�www.eia.yavlietroleum/gasdieseIIIlseedj If the USEIA price of fuel is higherthan these rates at time of service,MT2 reserves the right to negotiate a fuel surcharge ® 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 will review and approve final contract terms and other conditions ® MT2 pricing does not include Prevailing Wage or Service Contract Rates ® MT2 pricing does not include any liquidated damages,bonding or retention ® Pricing is valid for 90 days from date of this proposal ® 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 MT2 1 14045 W 661h Ave Arvada,CO 80004 1 P: 1-888-435-6645 1 F: 303-456-6998 1 www mt2 corn qt•M2 Firing Range Lead Maintenance r+a+�ur rcaMc� xf�eRrg Kent Police Department Page 3 include but not be limited to bullet or fragment ricochets, or for bullets or shot leaving range containment ® 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 ® Pricing assumes site conditions are within general industry standards. MT2 services include assessing the site and noting existing conditions. Noted conditions outside of those defined in this contract or within general industry standards will be considered "changed conditions"and must be addressed prior to MT2 performance of services. Addressing changed conditions includes MT2 notification to Client of changed conditions and agreement by Client and MT2 of additional charges to address the changed conditions. If an agreement between MT2 and Client cannot be reached, MT2 reserves the right to cancel the services and charge a demobilization/cancellation fee of$7,500 1.4 OWNER RESPONSIBILITIES: ® Owner to provide sufficient access information,including drawings,photos,and/or sketches ® 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 ® Range ventilation system(s)will be active during the service ® Client will provide access to power, water (hot and cold), heat, and light, and allow access to bathroom facilities and shower facilities(if available) MT2 1 14045 W 66'^Ave Arvada, CO 80004 1 P: 1-888-435-6645 1 F: 303-456-6998 1 www mt2.com 414 Firing Range Lead Maintenance Kent Police Department Page 4 1.5 PRICING:WASTE MANAGEMENT&DISPOSAL Options:MT2 offers multiple choices for managing and disposing of lead contaminated hazardous waste. Item Qty Unit MT2 Pricing adusive Lead-Contaminated Waste Treatment MT2 utilizes our exclusive patented and proprietary ECOBOND°technology to treat lead-impacted waste during lead maintenance projects to eliminate/reduce the amount of hazardous waste generated during MT2 onsite activities Treatment of Range Waste - Chemically treat range waste with ECOBOND° to meet US EPA Resource Conservation and Recovery Act (RCRA) hazardous lead Toxicity Characteristic Leaching Procedure(TCLP)requirement of less than 5.0 mg/L U CY to 2 $1,000 - MT2 will take a five-point composite sample from stabilized materials.Samples will be sent to a certified laboratory for lead TCLP analysis - $500 per CY for additional quantities _ Waste Management&Disposal Waste Characterization and Profiling - Reguired for Options 1&2 - Manage waste characterization and submit waste profile with an appropriate 1 $200 disposal facility - Upon receipt of profile approval, MT2 will manage waste transportation to designated disposal facility Option 1-Non-Hazardous Waste Management and Disposal - Available for Treated Wast_e_OPIY(see above) Cost of - Place lead impacted solid waste into appropriate DOT-approved container(s) Container(s), Properly label waste containers and stage onsite for eventual transportation and Transport& disposal TBD Disposal,+ Non-hazardous waste manifests will be used to document proper transportation 20% and disposal of the waste Per 1 CY - Client is the generator of the waste from the facility (Est.$2,832 - Note: Due to waste characterization&profile approval process, non-hazardous per CY) disposal requires additional time for waste to be staged onsite;6-8 weeks - Pricing assumes Client will perform waste loadout,if applicable Option 2-RCRA Hazardous Waste Management and Disposal Cost of - Client will obtain and provide EPA ID prior to mebilization Container(s), - Place lead impacted solid waste into appropriate DOT-approved container(s) Transport& - Properly label hazardous waste containers and stage onsite for eventual TBD Disposal,+ transportation and disposal 20% - Hazardous waste manifests will be used to document proper transportation and Per 1 CY disposal of the waste (Est.$2,904 - Client is the generator of the waste from the facility per CY) - Pricing assumes Client will perform waste loadout,if applicable Generator: Range Owner is the generator for all wastes derived from the services being performed Disposal requires Owner authorization and signature on documentation (waste profiles, contracts to dispose and/or transport material, landfill certifications, manifests, and waste profile amendments) MT2 1 14045 W 66'h Ave. Arvada, CO 80004 1 P 1-888-435-6645 1 F:303-456.6998 1 wAfw mt2 cam 9tiVrF2 Firing Range Lead Maintenance f IRING RANGE F7SPERTS Kent Police Department Page 5 Note:For quantities greater than 5 CY's,reduced costs at bulk rates often apply. MT2 will work with the Client and vendors to reduce overall project costs. 1.6 WASTE ASSUMPTIONS: © Client will manage loadout of waste;if requested,MT2 can revisit site(for a fee)to loadout ® 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 A Treatment does not include DCU filters or DCU dust 1.7 PROJECT SCHEDULE: Starting date is based an MT2's schedule. MT2 anticipates starting onsite as early as first quarter 2024. 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 MT2 I 14045 W 66'^Ave. Arvada, CO 80004 I P: 1-888-435-6645 I F: 303-456-6998 I www.mt2.com Firing Range Lead Maintenance Kent Police Department Page 6 2.0 COMPANY OVERVIEW Since 2000, MT2 - Firing Range Experts (Metals Treatment We have the experience and expertise Technologies, LLQ has been recognized as the Nation's combined with our commitment to Leading Environmental Firing Range Service Provider and environmental sustainebillty;Innovative,cost- the largest and most professional contractor. We have effective solutions;and stakeholder partnership demonstrated unmatched credentials and capabilities at to efficiently and effectively complete all elements of the SOW.We stand ready to firing range projects nationwide for a wide variety of clients support your project. including military, law enforcement, local, state, and national government agencies, and private organizations. MT2 provides the following benefits and added Our firing range services include firing range design/build, values: lead removal and recycling, contaminated soil stabilization, a Inte rated Project DellverV Approach MT2 construction services,and complete range maintenance and provides the best available design and remediation services for both indoor and outdoor firing construction experience andexpertise together as one integrated team ranges. Our customer value proposition is to offer industry- leading technology, superior field services, and ' 91110,nmental Prntectlan:by Implementing our proven methods of knowledgeable environmental regulatory expertise to containment and staged remedial activities support sustained range operations, responsible FirinR gangeExperts:we have the operational maintenance, and closure/remediation experience and expertise combined with services. Having successfully completed over 3,000 firing our commitment to environmental range projects nationwide, we can anticipate the types of sustainablllty;innovative,cost-effective issues potentially encountered during project development solutions;and stakeholder partnership to and execution, and mitigate the potential risks in advance. efficiently and effectively complete all We have the experience and expertise to successfully meet elements of the sow the unique challenges presented by this Project, including but not limited to the various Federal, State of California, and County requirements. Based on MT2's specialized expertise and patented technologies, we were recognized by Inc 5000 as one of the Fastest Growing Environmental Services Company in America(2016). MT2 has the necessary experience and expertise combined with our commitment to environmental sustainability; innovative, cost-effective solutions; and stakeholder partnership to efficiently and effectively complete all elements of the scope of work.The following provides a summary of each team member and their specific areas of expertise. ✓ MT2 is the p1 Largest Nationwide Professional Firing Range Lead Reclamation, Maintenance, Cleaning&Construction Contractor Specializing In: o Lead:Treatment,Screening&Reclamation to MAXIMIZE Your Lead Value o Environmental: EPA&OSHA Consulting,Remediation,Soil/Waste Treatment,and Closure o Maintenance:Soil and Rubber Berms,Traps,Lead Remediation,and Range Improvements o Construction:Renovation, Design/Build,Improvements, Dismantling/Demolition ✓ MT2 Offers Nationwide Firing Range Services Provider: MT2 offers full 50 state coverage with OSHA & EPA-certified work teams to provide fast, professional service to fulfill your project needs and schedule.MT2 has completed over 3,000firing range projects nationwide. ✓ Environmental Stewardship Planning: MT2 has extensive experience assisting range owners understand and meet recommended firing range Best Management Practices including the development of 100's of site-specific Environmental Stewardship Plans to NSSF, NRA, and EPA guidance standards. MT2 1 14045 W 66°i Ave Arvada, CO 80004 1 P 1-888-4:35 6645 1 F:303-456-6998 1 www mt2 com 11Q.k. im Firing Range Lead Maintenance Kent Police Department Page 7 ✓ 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.To maximize lead recovery, MT2 uses our proprietary lead separation systems to separate lead from soils based on size,and"finish"the process by separating lead from like-size materials based on density. MT2 guarantees to pay the highest percent of LME lead value— we have credited> $5,600,000 to range owners from lead recycling. ✓ Exclusive Lead-Contaminated Soil and Waste Treatment: MT2 utilizes our exclusive patented and proprietary ECOBOND® technology to treat lead-impacted soils/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 in range soils; as well as achieve compliance with OSHA, US EPA, State, and NRA and NSSF recommended firing range environmental Best Management Practices (BMPs). ECOBOND® is regularly approved and even specified for use by US EPA and state regulatory agencies. ✓ MT2's Liability Defender Compliance & Performance Promise: Your choice of a lead reclamation contractor could expose your range to US EPA hazardous waste fines up to$50,000 per day(penalties double for subsequent violations) and potential criminal charges. A range owner ALWAYS retains responsibility for ALL lead waste and materials derived from their range even if it is their chosen contractor that improperly handles, transports, or disposes of the lead waste. o When you hire MT2, you can rely on and trust our extensive prior track record as the industry leader. In addition,we are the only lead reclamation comparrit to guarantee performance with a $10,000,000 environmental and lead pollution insurance liability coverage package that protects range owners and managers from claims or occurrences of lead hazard violations, penalties,and cleanup expenses. o 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. MT2's zero-tolerance for regulatory violations gives range owners the peace of mind that their project will be successfully completed on a guaranteed schedule. 1.8 FIRING RANGE SERVICES With over 22 years' industry experience, MT2 is recognized as the MT2 is the Nation's#1 and largest nation's#1 environmental firing range nationwide service provider nationwide professional firing and the largest and most professional contractor. MT2 maintains range services provider strategic alliances with industry-leading experts who complement our core service lines.Therefore,we can deliver a complete range • 122 years'experience of investigative, A/E services, design, environmental remediation, • >3,000firing range projects nationwide construction,and waste management services from a single source. • Lead Recovery of>15,000.0001bs. We offer proven capabilities executing projects under state and • MT2 exclusively guarantees to pay the federal regulations that emphasize the use of innovative and highest percent of LME lead value—we sustainable remediation techniques. We deliver quality work have credited>$5,600,000 to range owners from lead recycling completed safely, on time and within budget. Having successfully Maintenance,renovation,construction, completed over 3,000 projects nationwide, MT2 can anticipate the Design/Build,Improvements,soil types of issues potentially encountered during project treatment,and closure development and execution, and mitigate the potential risks in . Successful ECOBOND`treatment of advance. We offer comprehensive project management, >10,000,000tons of lead impacted construction management, design, remediation, and restoration soils/waste services. MT2 specializes in firing range design and specifications MT2 1 1,10415 W 6611 Ave Arvada, Co M004 1 P 1-888-435-6645 f 303,456-6998 1 vnwv mt2.com AiVr[2 Firing Range Lead Maintenance f IRING I Kent Police Department Page 8 development, construction estimating, permitting, construction management, and lead management services with unmatched expertise in best management practices,standards, and regulations to ensure sustainable design measures and protection of shooters,the environment,and the community. Design Lead Reclamation/Recyclin • Technical Specifications • Recovery of bullets/bullet fragments from • Project Control Estimates bullet trap • Survey and Assessment • MT2 has proprietary agreements with lead Project Management smelters/recyclers to leverage quantity-based • Risk Management pricing;resulting in the best market price for • Quality Assurance/Quality Control recycled lead on behalf of our customers • Regulatory Compliance • Removal and transportation offsite of Environmental Planning and Assessment recovered range lead/brass • Procurement Management Ranee Maintenance/improvements Subcontract Management • Design/build of range improvements • Cost and Schedule Control • Range maintenance Construction Management • Demolition of out of date range equipment/ Project Monitoring installation of new traps • Managing construction activities Shooting range cleaning and fixation of lead contaminated surfaces, reduction in airborne • Oversight lead(booths,walls,floors, equipment,etc.) • Inspect work in progress . Installation or replacement of HVAC system * Hazardous Materials Management Range Evaluation and Consultation Treatment and Disposal of Ranee Waste as Non - • Range assessment,OSHA Health&Safety Hazardous • Range sustainability (NRA/N55F Best Proprietary and patented treatment process Management Practices, regulatory Support) known as ECOBON D• • Assist with all aspects of range Ensures disposed materials are less than EPA development RCRA hazardous lead TCLP level of 5.0 mg/L Eliminate the need to generate expensive Range Cleanine and Remediation hazardous waste • Range cleaning and Best Management Practices for continued range use • Complete lead dust remediation for range closures MT2 1 14045 W 661 Ave. Arvada,CO 80004 1 P: 1-888-435-6645 1 F: 303-456-6998 1 www mt2.com Exhibit B Insurance Requirements Insurance The Consultant 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 Consultant, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 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 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 insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Pollution Liability insurance applicable to the work being performed and from the operations of the Consultant doing work on behalf of the City. Workers' Compensation coverage for the employees of Consultant and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation Umbrella/Excess Liability_ insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate. Automobile Liability_ insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Pollution Liability insurance shall be written with a limit no less than $1,000,000 per claim or occurrence, and $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance policies and shall not contribute to the Consultant's insurance policies. 2. Consultant's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Consultant's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Consultant's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Consultant must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as an 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 Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect 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 Consultant 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 Consultant before commencement of the work. The City waives no rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Consultant. 0 DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/6/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(tes)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Velia Mancha Holmes Murphy&Associates PHONE 1 vt 2727 Grand Prairie Parkway W-IDDRE ' (".NDI` Waukee IA 50263 Ass: vmancha holmesmu h .com INSURERJD AFFORDING COVERAGE NAICN INSURERA:Starr Surplus Lines Insurance Company 13604 INSURED METTREPC INSURER B:Firemens Insurance Company of WA,D.C. 21784 Metals Treatment Technologies, LLC 14045 West 66th Avenue INSURER c:Pinnacol Assurance Company 41190 Arvada,CO 80004 INSURER D:Zurich American Insurance Company 16535 INSURER E:Atlantic Specialty Insurance Company 27154 INSURER F: COVERAGES CERTIFICATE NUMBER:1705284879 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR Y TYPE OF INSURANCE 'AODL SUER POLICY NUMBER MM DDY/YYYYr MM/O Y EXP LIMITS OL LTR A X 'COMMERCIAL GENERAL LIABILITY 1000067113231 10/1/2023 10/1/2024 EACH OCCURRENCE $1.000,000 CLAIMS-MADE FI OCCUR PREMISES Ea occurrence) $100,000 X BI/PD Ded:$2,500 MED EXP(Any oneperson) $5,000 J PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY�jE O, LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY CPA328385023 10/1/2023 10/1/2024 COMBINED SINGLE LIMIT $1,000,000 aoolden X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X I HIRED Ix NON-OWNED PROPERTY DAMAGE $ .l AUTOS ONLY AUTOS ONLY (Per aceidan A UMBRELLALIAB X OCCUR 1000337409231 10/1/2023 10/1/2024 EACH OCCURRENCE $8,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $8,000,000 DIED I X I RETENTION $ C WORKERS COMPENSATION 4226286 10/1/2023 10I1I2024 X PER D AND EMPLOYERS'LIABILITY ST T 7E ER YIN WC298299506 10/1I2023 101 1I2024 ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If Yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1.000,000 B Leased/Rented Equipmen CPA328385023 10/1/2023 10/1/2024 $11 000000 Limit $1,000 Deductible E Installation Floater 7900359570001 10/1/2023 10/1/2024 $ :000:000 Limit $2,500 Deductible A Pollution/Professional Liab. 1000067113231 10/1/2023 10/1/2024 $1Mil Occ/$2Mil Agg $2,500 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is racial red) RE:Kent Policy Department Range and Fire Training Center-Goods&Services Maintenance Agreement As required by written contract or written agreement,the Certificate Holder is included as Additional Insureds under General Liability,Automobile Liability and Umbrella Liability on a primary and non-contributory basis with respect to the above referenced,per policy terms and conditions. As required by written contract or written agreement,a Waiver of Subrogation in favor of the Certificate Holder applies to Workers Compensation,General Liability,Automobile Liability and Umbrella Liability with respects to the above referenced,per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO CL CA 20 92 12 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS Paragraph Name of Coverage Extensions Limit or No. Included A Additional Insured by Contract Or Agreement Including Primary and Included Noncontributory Other Insurance Condition B. Airbags-Extended Coverage Included C. Audio, Visual & Data Electronic Equipment Coverage (Including $1,000 Telematics Tracking Equipment) D. Auto Loan/Lease Gap Coverage $2,500 E. Autos Rented by Employees Included F. Bail Bonds- Extended Coverage $5,000 G. Broad Form Named Insured Including Newly Acquired or Formed Included Organizations H. Custom Signs& Decorations Included I. Employees as Insureds Included J. Fellow Employee Coverage Included K. Glass Repair—No Deductible Included Hired Auto Physical Damage and Increased Loss of Use Expenses $ 000 L. Loss of use (Per Day/Maximum) $50000/ M. Knowledge Of An Accident,Claim,Suit Or Loss Included N. Loss Of Earnings-Extended Coverage $1,000 O. Rental Reimbursement Coverage Maximum Rental Expenses Per Day $75 Maximum Rental Expenses Because Of Loss To Any One Covered $3,375 "Auto" Maximum Rental Expenses Because Of Loss To All Covered "Autos" $15,000 In Any One Policy Period P, Resultant Mental Anguish Included Q. Towing And Labor Coverage Extension $100 R. Transportation Expenses-Coverage Extension ( Per Day/Maximum) $75/$2,500 S. Unintentional Failure To Disclose Hazards Included T. Waiver Of Subrogation By Contract Or Agreement Included CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 1 of 6 Offices,Inc,with its permission The above is a summary only. If there is a conflict between this summary and the endorsement provisions that follow,the endorsement provisions shall prevail. A. ADDITIONAL INSURED BY CONTRACT insured under this provision will be OR AGREEMENT INCLUDING PRIMARY primary to, and will not seek AND NONCONTRIBUTORY OTHER contribution from, the additional INSURANCE CONDITION insured's own insurance. The following is added to Paragraph A.I. b. Paragraph 5.c. is deleted in its Who Is An Insured of Section II—Covered entirety. Autos Liability Coverage: 6. Paragraph A.1.c. under Section II - When you have agreed in a written contract Covered Autos Liability Coverage is or agreement to include a person or deleted in its entirety. organization as an additional insured, such 7. The definition of "insured contract" person or organization is included as an under Section V — Definitions is "insured"subject to the following: amended to add the following: 1. Such person or organization is an An "insured contract" does not include additional insured only to the extent that part of any contract or agreement: such person or organization is liable That pertains to the ownership, for"bodily injury" or "property damage" maintenance or use of an "auto" and because of the conduct of an "insured" which indemnifies a person or under Paragraphs a. or b. under organization for Other than the vicarious Paragraph A.I. Who Is An Insured of liability of such person or organization for Section II — Covered Autos Liability "bodily injury" or "property damage" Coverage, caused by an "accident" caused by your operation or use of a and resulting from the ownership, covered"auto". maintenance or use of a covered "auto". However, a person or organization is an 2. The written contract or agreement additional "insured" under this provision only described above must have been to the extent such person or organization is executed prior to the "accident" that not named as an "insured" by separate caused the "bodily in1ury" or "property endorsement to this policy. damage" and be in effect at the time of B. AIRBAGS-EXTENDED COVERAGE such"accident". 3. The insurance afforded to any such Section III — Physical Damage Coverage, additional insured does not apply to Paragraph B.3.a. does not apply to the any "accident" beyond the period of unintended discharge of an airbag. Coverage time required by the written contractor is excess over any other collectible insurance agreement described above. or warranty specifically designed to provide 4. The most we will pay on behalf of such coverage. additional insured(s)is the lesser of: C. AUDIO, VISUAL & DATA ELECTRONIC a. The Limits of Insurance specified in EQUIPMENT COVERAGE (Including the written contract or agreement Telematics Tracking Equipment) described above;or b. The Limits of Insurance shown in Physical Damage Coverage is amended the Declarations. as follows: This provision shall not increase the 1. In Section III — Physical Damage Limit of Insurance shown in the Coverage, Paragraphs BA.c. and Declarations in this policy or coverage BA.d.do not apply to: part. a. Global positioning systems; or S. The following changes are made to Paragraph 5. Other Insurance of B. b. "Telematics devices"; General Conditions under Section IV— which are not: Business Auto Conditions: a. The following is added to Paragraph (1) Permanently installed in or upon the 5.a.: covered "auto"; If required by the written contract or (2) Removable from a housing unit agreement described alcove, the which is permanently installed in or insurance afforded to the additional upon the covered "auto"; CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 2 Of 6 Offices,Inc.with its permission (3) An integral part of the same unit and tear or high mileage; housing any electronic equipment 3. Security deposits not returned by the described in Paragraphs a. and b. lessor; above; or; 4. Costs for extended warranties, Credit (4) Necessary for the normal operation Life Insurance, Health, Accident or of the covered "auto" or the Disability Insurance purchased with the monitoring of the covered "auto's" loan or lease; and operating system. 5. Carry-over balances from previous 2. In the event of a "loss" to a covered loans or leases. "auto", the most we will pay for"loss"to global positioning systems and Coverage provided under this extension will "telematics devices"in any one covered be excess over any other collectible "auto" is the lesser of: insurance including, but not limited to, any coverage provided by or purchased from the a. The actual cash value of the lessor or any financial institution. damaged or stolen property at the time of loss; However, this provision does not apply to the extent loan/lease gap coverage has b. The cost of repairing or replacing been provided by separate endorsement to damaged or stolen property with this policy. other property of like kind and quality; or E. AUTOS RENTED BY EMPLOYEES c. $1,000 The following is added to Section II — Covered Autos Liability Coverage, 3. For each covered"loss", a deductible of Paragraph A.1.: $100 shall apply. The following is added to the Who Is An "Telematics Devices" include devices that Insured Provision: are not installed by the vehicle manufacturer An "employee" of yours is an "insured"while and that are designed for the collection and operating an "auto" hired or rented under a dissemination of data for the purpose of contract or agreement in an "employee's" monitoring vehicle and/or driver name,with your permission,while performing performance. This includes global duties related to the conduct of your business positioning systems and wireless safety F. BAIL BONDS-EXTENDED COVERAGE communication devices. Section II — Covered Autos Liability Cellular, mobile and smart phones are not Coverage, Paragraph A.2.a.(2) is deleted considered global positioning systems or and replaced by the following: "telematics devices" for purposes of this (2) Up to $5,000 for cost of bail bonds coverage provision. (including bonds for related traffic law D. AUTO LOAN/LEASE GAP COVERAGE violations) required because of an The following is added to Section III — "accident" we cover. We do not have to Physical Damage Coverage, Paragraph furnish these bonds. C•: G. BROAD FORM NAMED INSURED In the event of a total "loss" to a covered INCLUDING NEWLY ACQUIRED OR "auto", we will pay up to $2,500 on the FORMED ORGANIZATIONS unpaid amount due on the lease orloan The following is added to sub paragraph Al. for a covered"auto", less: Who Is An Insured of Section II—Covered The amount paid under the Physical Autos Liability Coverage: Damage Coverage section of the policy; and For any covered"auto"; any: Any organization, other than a partnership, 1. Overdue or any deferred lease/loan joint venture or limited liability company, over payments at the time of the"loss"; which you maintain ownership or majority 2. Financial penalties imposed under a interest of more than 50 percent on the lease for excessive use, abnormal wear effective date of this endorsement and for CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 3 Of 6 Offices,Inc.with its permission which you are obligated prior to the loss to INSUREDS, does not apply if separate provide insurance, unless that organization is Employee as Insured coverage (or any an "insured" under any other automobile similar or equivalent coverage) has been policy or would be an "insured" under such a provided by a separate endorsement policy but for the exhaustion of its Limit of issued by us and made a part of this Insurance. policy or coverage part. Any organization you newly acquire or form, J. FELLOW EMPLOYEE COVERAGE other than a partnership, joint venture or Exclusion B. 5. of Section II - Covered limited liability company or any organization Autos Liability Coverage is deleted and excluded either by this Coverage Part or by replaced with the following: endorsement, and over which you maintain ownership or majority interest of more than 50 5. Fellow Employee percent will qualify as a Named Insured. a. "Bodily injury" to any fellow However: "employee" of an "insured" arising 1. This insurance does not apply to any out of and in the course of the fellow newly acquired or formed organization that "employee's" employment or while is an "insured"under any other automobile performing duties related to the policy or would be an"insured"under such conduct of your business; or policy but for its termination or the b. The spouse, child, parent, brother or exhaustion of its Limit of Insurance. sister of that fellow "employee" as a 2. Coverage under this provision does not consequence of Paragraph a. above. apply to"bodily injury", "property damage", However,this exclusion does not apply to expense or"loss"that occurred before you liability incurred by your"employees"that acquired or formed the organization. are"executive officers". 3. Coverage under this provision is afforded No"employee" is an"insured"for"bodily only until the 180th day after you acquire or injury" to a co-employee if such co- form the organization or the end of the employee's exclusive remedy is provided policy period, whichever is earlier. under a workers' compensation law or H. CUSTOM SIGNS& DECORATIONS any similar law. For the purpose of Fellow Employee Physical Damage coverage on a covered Coverage only, paragraph B.5. of Business "auto" extends to"loss"to custom signs and Auto Conditions is changed as follows: decorations including custom murals, This Fellow Employee Coverage is excess paintings or other decals or graphics. over any other collectible insurance. Our limit of liability for each "loss"to custom As used in this provision, "executive officer" signs and decorations shall be the least of: means a person holding any of the officer (1) Actual cash value of the stolen or positions created by your charter, damaged property; constitution, by-laws or any other similar (2) Amount necessary to repair or replace governing document. the property; or K. GLASS REPAIR—NO DEDUCTIBLE This coverage does not apply to Hired Auto The following is added to Section III — Physical Damage Coverage. Physical Damage Coverage, Paragraph I. EMPLOYEES AS INSUREDS D.: Section II - Covered Autos Liability 3 Any Comprehensive Coverage Coverage, Paragraph A.1.b.(2) is deleted deductible shown in the Declarations and replaced by the following: does not apply to "loss"when you elect (2) Any "employee" of yours is an "insured" to patch or repair glass rather than while using a covered "auto" you don't replace. own, hire or borrow in your business or L. HIRED AUTO PHYSICAL DAMAGE AND your personal affairs. INCREASED LOSS OF USE EXPENSES However, the insurance provided by this Section III — Physical Damage Coverage, provision, I. EMPOYEES AS A. 4 Coverage Extensions is amended to CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 4 Of 6 Offices,Inc.with its permission include the following: partner, an executive officer or an employee If hired "autos" are covered "autos" for designated by you to give us such notice. Liability Coverage under this policy and if Notice of an "accident" or "loss" to your Physical Damage Comprehensive Coverage, Workers' Compensation insurer, for an Physical Damage Specified Causes Of Loss event which later develops into a claim for Coverage, or Physical Damage Collision which there is coverage under this policy, Coverage is provided under this policy for shall be considered notice to us, but only if any "auto" you own, then such Physical we are notified as soon as you know that the Damage Coverages are extended to apply to claim should be addressed by this policy, "autos"you lease, hire, rent or borrow without rather than your Workers' Compensation a driver, subject to the following provisions: policy. 1. This extension is only available for N. LOSS OF EARNINGS - EXTENDED "autos" you lease, hire, rent or borrow COVERAGE for less than 30 consecutive days. Section II — Covered Autos Liability 2. The most we will pay in any one"loss" is Coverage, Paragraph A.2.a.(4) is deleted the least of $100,000, the actual cash and replaced by the following: value of the "auto" or the cost to repair (4) All reasonable expenses incurred by the or replace the"auto", except that such "insured"at our request, including actual amount will be reduced by a deductible loss of earnings up to $1,000 a day to be determined as follows: because of time off from work. The deductible shall be equal to the O. RENTAL REIMBURSEMENT COVERAGE amount of the highest deductible shown 1. We will pay for rental reimbursement for any owned "auto" of the same expenses incurred by you for the rental classification for that coverage. In the of an "auto" because of "loss" to a event there is no owned "auto" of the covered "auto". Payment applies in same classification, the highest addition to the otherwise applicable deductible for any owned"auto"will apply amount of each coverage you have on for that coverage. a covered "auto". No deductible applies 3. Coverage provided under this extension to this coverage. This coverage is only will be excess over any other collectible available to those covered "autos" insurance you have. involved in a "loss" and Physical Damage is provided to the covered Paragraphs 1 through 3 above do not apply "auto". if separate Hired Auto Physical Damage is 2. We will pay only for those expenses indicated in the declarations. incurred during the policy period For "autos" you lease, hire, rent or borrow beginning 24 hours after the"loss"and covered under this Hired Auto Physical ending, regardless of the expiration Damage Coverage extension or under date of the policy, with the lesser of the separate coverage provided in the following; declarations, the limits in subparagraph b. a. The number of days reasonably Loss Of Use Expenses under paragraph 4. required to repair or replace Coverage Extensions as found in the covered "auto". If "loss" is paragraph A. Coverage of SECTION III — caused by theft,this number of days PHYSICAL DAMAGE COVERAGE, are is added to the number of days it increased to$500 per day, to a maximum of takes to locate the covered "auto" $3,500. and return it to you;or M. KNOWLEDGE OF AN ACCIDENT,CLAIM, b. 45 days. SUIT OR LOSS The following is added to Section IV — 3. Our payment is limited to the lesser Business Auto Conditions, Paragraph A.2.: of the following amounts: Notice of an "accident" or "loss" will be a. Necessary and actual expenses considered knowledge of yours only if incurred. reported to you, if you are an individual, a b. The maximum rental expenses CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 5 of 6 Offices,Inc.with its permission indicated below: 3. Payment applies in addition to the (1) Not more than$75 per day; otherwise applicable amount of each coverage you have on a covered"auto". (2) The maximum rental expenses shown below: R. TRANSPORTATION EXPENSES - COVERAGE EXTENSION (a) $3,375 because of "loss" to any one covered"auto"; Paragraph AA.a. Transportation Expenses of Section III — Physical "loss"(b) 0 because of all Damage Coverage is amended as follows: "loss" to all covered "autos" in any one policy 1. The Limits of Insurance are increased to period. $75 per day to a maximum of$2,500. 4. We will pay up to an additional $300 2. We will also pay reasonable and for the reasonable and necessary necessary expenses to facilitate the expenses you incur to remove your return of the stolen "auto"to you. materials and equipment from the S. UNINTENTIONAL FAILURE TO DISCLOSE covered "auto" and replace such HAZARDS materials and equipment on the rental , The following is added to Section IV - ,.auto". Business Auto Conditions, Paragraph B.2.: 5. This coverage does not apply while If you unintentionally fail to disclose any there are spare or reserve autos hazards existing at the inception of this available to you for youroperations. policy, such failure will not prejudice the 6. If "loss" results from the total theft of a coverage provided to you. However, this covered "auto" of the private passenger provision does not affect our right to collect additional premium or exercise our right of type, we will pay under this coverage cancellation or nonrenewal. only that amount of your rental reimbursement expenses which is not T. WAIVER OF SUBROGATION BY already provided for under the Physical CONTRACT OR AGREEMENT Damage Coverage Extension. The following is added to Section IV - P. RESULTANT MENTAL ANGUISH Business Auto Conditions, Paragraph Section V - Definitions, Paragraph C. is A.5.: deleted and replaced by the following: The Transfer Of Rights Of Recovery Against C. "Bodily injury" means bodily injury, Others To Us Condition does not apply to any disability, sickness, or disease sustained person(s) or organization(s) for whom you by a person, including death resulting have agreed under written contract or from any of these at any time. "Bodily agreement to waive subrogation with respect injury Includes mental anguish or other to the coverage provided under this mental injury resulting from "bodily Coverage Form, but only to the extent that injury". subrogation is waived prior to the "accident" 4 TOWING AND LABOR COVERAGE or the"loss". EXTENSION The following is added to Section III — Physical Damage Coverage, paragraph A.2.: 1. We will pay up to $100 for a covered "auto"for towing and labor costs incurred each time the covered "auto" is disabled. However, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 6 of 6 Offices,Inc.with its permission POLICY NUMBER: 1000067113231 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(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 II — 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 damage" or "personal and advertising injury" on belf oca ion of f the additional vered operations (s) a the caused, in whole or in part, by: en completed; or 1. Your acts or omissions;or 2. That portion of "your work" out of which the 2. The acts or omissions of those acting on your injury or damage arises has been put to its behalf; intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 1. Required by the contract or agreement; or required by the contract or agreement to 2. Available under the applicable limits of provide for such additional insured. insurance; B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional This endorsement shall not increase the exclusions apply: applicable limits of insurance. This insurance does not apply to "bodily injury" or "property damage"occurring after: CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 1000067113231 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Per�tE�]Locatllon Or Organization(s) And Description Of Completed Operations Where Required By Written Contract 1 Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included 1. Required by the contract or agreement; or in the "products-completed operations hazard". However: 2. Available under the applicable limits of insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 * Starr Surplus Lines Insurance Company Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: 1000067113231 Effective Date: 10/01/2023 at 12:01 A.M. Named Insured: Metals Treatment Technologies, LLC dba MT2, LLC This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of"your work"for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of"your work"done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SL 023 (06/11) Page 1 of 1 Copyright© Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office,Inc.with its permission. DenPINNACOL. Lowry Blvd. Denver, CO 80230-7006 ASSURANCE 303.361.4000/800.873.7242 Pinnacol.com NCCI#: WC000313B Policy#:4226286 Metals Treatment Technologies, LLC Holmes, Murphy and Associates, LLC 14045 W 66th Ave 7600 E. Orchard Road, Arvada, CO 80004-1049 Suite 230 Greenwood Village, CO 80111 (720)622-8242 ENDORSEMENT: Blanket Waiver of Subrogation 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 To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured,which is in effect and executed prior to any loss. Effective Date:September 20, 2023 Expires on: October 1, 2024 Pinnacol Assurance has issued this endorsement September 20, 2023 7501 E.Lowry Blvd Denver,CO 80230-7006 Page 1 of 1 P JIMENEZV-Underwriter 09/20/2023 19:05:26 4226286 82164589 359-B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (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 ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS,THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION 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 10/01/2023 Policy No. WC 2982995-06 Endorsement No. Insured Metals Treatment Technologies LLC Premium $ Insurance Company Zurich American Insurance Company Countersigned by WC124(4-84) Copyright 1983 National Council on Compensation Insurance,Inc. Page 1 of 1 WC 00 0313 KENT POLICE DEPARTMENT Rafael Padilla Chief of Police POLICE220 Fourth Ave 5 Kent,WA 98032 t�KSMc� rnKr:siayjsns!•irs[��+n 253-856-5800 Memorandum DATE: January 26, 2024 TO: Mayor Dana Ralph CC: Chief Rafael Padilla FROM: Christopher Sprague RE: Contract Bid Waiver Request 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 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 some of 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. 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. 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. 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. Due to the highly regulated and specialized nature of the process, the rangemaster believes that Metals Treatment Technologies, LLC ("MT2") continues to be the vendor best situated to meet these needs. MT2 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 of hazardous waste disposal costs. MT2 also separates the lead from the rubber and recycles the heavy metal, offering a credit for the recycling. MT2 provides all required hazardous material transport and storage paperwork, to include the manifests for the recycling of the lead. In 2016 and 2021, the police department used MT2 to clean the bullet trap. In 2019, MT2 was used to completely replace the rubber media within the trap. The service and attention to detail www.kentwo.gov/police City of Kent Police Department—State Accredited KE NT POLICE DEPARTMENT Rafael Padilla Chief of Police POLICE220 Fourth Ave S Kent, WA 98032 1PslAric!•rsa[rss�oNs�xr•irrgAitY 253-856-5800 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. The total coast for this project is calculated at $37,320.27. If you concur with my assessment, 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 Mayor Dana Ralph Date www.kentwa.gov/police City of Kent Police Department-State Accredited