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HomeMy WebLinkAboutMetals Treatment Technologies LLC dba MT2 LLC; 2025-10-22; MSA26-3953FACMSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 1 MAINTENANCE SERVICES AGREEMENT FOR INDOOR RANGE REMEDIATION WITH METALS TREATMENT TECHNOLOGIES, LLC, DBA MT2, LLC THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2025, by and between the City of Carlsbad, California, a California charter city ("City") and Metals Treatment Technologies, LLC, a Colorado limited liability company d.b.a. MT2, LLC ("Contractor"). RECITALS A. City requires the services of a contractor that is experienced and OSHA and EPA- certified in indoor range remediation, including removing lead shot from range backstops, lead abatement procedures, hazardous materials packaging, metal recycling and range hygiene requirements (“Services”). B. Contractor is duly qualified and has the necessary experience to provide the Services. C. The City issued a request for proposal and in response, the Contractor submitted a proposal to the City and affirmed its willingness and ability to perform the work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those Services described and delineated in Exhibits “A” and “C.” To the extent that any of the terms in the Exhibits(s), including any attachments, conflict with the terms in this Agreement, in whole or in part, the terms of this Agreement control. 2. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty thousand seven hundred nine dollars ($40,709). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend the Agreement after the first year, Contractor shall be allowed an annual increase of no more than 2.75%, or the Consumer Price Index, whichever is less. With each renewal, contractor shall provide City an updated written proposal with applicable price increases and written justification. Payment terms are Net 30 unless provided otherwise in Exhibit “A.” The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 October 22nd MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 2 specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 4. PUBLIC WORKS 4.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 4.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number, including submitting the form provided in Exhibit “B.” 5. INTENTIONALLY OMITTED 6. INTENTIONALLY OMITTED 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 3 of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 4 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. 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. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 5 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 11.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 14. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 6 For City: For Contractor: Name Kevin Shotas Name Elizabeth Ingram Title Safety Training Center Supervisor Title Project Manager Dept Public Works Address 14045 W. 66th Avenue Arvada, CO 80004 Address 1635 Faraday Avenue Phone 303-378-0887 Carlsbad, CA 92008 Email eingram@mt2.com Phone 442-339-5329 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 15. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ 16. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 17. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced- clean-fleets. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 7 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 8 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of choice of law principles. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 24. NO ATTORNEYS FEES AND COSTS. Except as otherwise specifically provided in this Agreement, if there is any litigation, mediation, arbitration or other dispute resolution proceedings arising out of this Agreement, each Party shall for its own attorney and other professional fees, costs and expenses. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 9 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Metals Treatment Technologies LLC, a Colorado limited liability corporation d.b.a. MT2, LLC By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Michael Burkett, Vice President ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Brent Gray, Chief Financial Officer Deputy /Assistant City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE TEM NO. UNIT QTY DESCRIPTION COST PER VISIT ANNUAL COST 1. LS 1 LEAD RECOVERY/PISTOL RANGE *** • One (1) bay; twelve (12) lanes; indoor granular rubber range. 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 by the Client. • Place processed granular rubber back onto the trap and groomed to a uniform depth across the trap. • Report on observed wear, damage or need for maintenance. • Upon completion of lead recovery/recycling activities, MT2 will HEPA vacuum the work area. $16,500 $16,500 2. LS 1 LEAD RECOVERY/RECYCLING OF RIFLE RANGE*** • One (1) bay; six (6) lanes; indoor granular rubber range 100 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 by the Client. • Place processed granular rubber back onto the trap and groomed to a uniform depth across the trap. • Report on observed wear, damage or need for maintenance. • Upon completion of lead recovery/recycling activities, MT2 will HEPA vacuum the work area. $8,250 $8,250 Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 11 3. LS 1 PISTOL RANGE CLEANING *** • One (1) bay twelve (12) lanes; indoor granular rubber range. 25 yards. • HEPA vacuum ranges from the trap to the back wall; floors and walls (up to 8’). • HEPA vacuum behind trap to the back wall; floors and walls (up to 8’). Wet wipe all contact surfaces (switches, doors, knobs). • Micro scrub the room behind the trap and the range floors from trap to back wall. • Clean the exterior areas of the HVAC system up to 400 sq. ft. • HEPA vacuum and wet wipe the range facing side of the first 12 baffles. • Wet wipe the light fixtures behind the firing line. • Cleaning criterion is Free as Practicable. $6,235 $6,235 4. LS 1 RIFLE RANGE CLEANING *** • One (1) bay; six (6) lanes; indoor granular rubber range. 100 yards • HEPA vacuum the range from the trap to the back wall; floors and walls (up to 8’). • HEPA vacuum behind trap to the back wall; floors and walls (up to 8’). Wet wipe all contact surfaces (switches, doors, knobs) • Micro scrub the room behind the trap and the range floors from trap to back wall. • Clean the exterior areas of the HVAC system up to 400 sq. ft. • HEPA vacuum and wet wipe the range facing side of the first 12 baffles. • Wet wipe the light fixtures behind the firing line • Cleaning criterion is Free as Practicable. $7,965 $7,965 5. LS 1 WIPE SAMPLING • Upon completion of onsite activities, qualified personnel will conduct wipe sampling of area; pricing includes up to six (6) samples. • The lead wipe samples will be collected using Ghost Wipes, following ASTM E1792 (Standard Specification for Wipe Sampling Materials for Lead in Surface Dust) requirements. • Wipe sampling is for informational purposes only. $1,759 $1,759 TOTAL $40,709 **Discount of $2,000 provided if service is provided on both ranges at the same time. ***Note: 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 Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 12 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. PROJECT ASSUMPTIONS: 1. Continuous work schedule, no interruptions to process schedule. 2. 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. 3. Equipment and lead loadouts are heavy, MT2 is not responsible for damage to landscaping, flooring, etc. while accessing the range. 4. MT2 is responsible for plans and permitting, and pricing only includes Work Plan & HASP. 5. MT2 pricing assumes work will be performed during normal work hours 0700 – 1700 Monday- Saturday and excludes federal holidays; MT2 reserves the right to work up to 12 hours per day. 6. Bullet/bullet fragment separation will be performed utilizing MT2-determined means and methods for separation. 7. 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 cleaned; areas inspected where no visible dust is seen will be considered clean and complete. No sampling will be performed. 8. This proposal does not guarantee quantities of fines to be removed. 9. MT2 pricing assumes access for MT2 equipment which is (at minimum): no stairs and standard-sized doors of thirty-six (36”) inches. 10. Pricing is based on fuel charges not exceeding $6/gal on diesel and $5/gal on gasoline based on the U.S. Energy Information Administration (USEIA) conglomerated “U.S” price (https://www.eia.gov/petroleum/gasdiesel/listed). If the USEIA price of fuel is higher than these rates at time of service, MT2 reserves the right to negotiate a fuel surcharge. 11. 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. 12. MT2 pricing includes Prevailing Wage 13. MT2 shall not be responsible for nor have any liability for any damages, injuries or hazards derived from the shooting range operations or from the act of shooting at the shooting range to include but not limited to bullet or fragment ricochets, or for bullets or shot leaving range containment. Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 13 14. 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 demobilize from the site. OWNER RESPONSIBILITIES: 1. Owner to provide sufficient access information, including drawings, photos, and/or sketches. 2. Balance due to MT2 within thirty (30) days of Client receipt of MT2 invoice (Net 30 days). 3. Range ventilation system(s) will be active during the service. 4. The City will provide access to power, water (hot and cold), heat, and light, and allow access to bathroom facilities and shower facilities (if available). WASTE MANAGEMENT AND DISPOSAL The City is responsible for all waste management and disposal, including but not limited to load-out, waste characterization and profiles, DOT approved labeling, documentation and transportation to designated disposal facility. PROJECT SCHEDULE: MT2 will work with the City to obtain a mutually agreed upon date for range remediation. Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 MSA26-3953FAC City Attorney Approved Version 3/14/2025 Page 14 EXHIBIT “B” DIR CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Indoor Range Remediation NAME OF CONTRACTOR: Metals Treatment Technologies, LLC, d.b.a. MT2, LLC Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractors and any Subcontractors for this Project must be registered with the Department of Industrial Relations. See Public Works (ca.gov) for additional information. Contractor certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations. Name of Contractor: Metals Treatment Technologies, LLC DIR Registration Number: 1000039300 DIR Registration Expiration: June 20, 2028 Contractor further certifies: 1. Contractor shall maintain a current DIR registration for the duration of the Project. 2. Contractor will include the requirements of Labor Code Sections 1725.5 and 1771.1 in any contractor with subcontractors and ensure that all subcontractors are registered at the time of contract award and will maintain registration status for the duration of the Project. Signature: Date: Name: Michael Burkett Title: Vice President Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 10/21/2025 Page 15 EXHIBIT “C” PHOTOGRAPHIC DOCUMENTATION 25-yard Range (Double Doors) 100-yard Range (Large Sliding Door) Access to both ranges through large roll-up garage door at Range Storage. MSA26-3953FAC Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 10/21/2025 Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ f-- ~ f-- ~ H I I I I I □ Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714 Docusign Envelope ID: 5A3182A1-8C9C-41B6-8577-BDF1EE28D714