Metal Treatment Technologies, LLC/Police/56,000/Demo, Disposal and Regrade Existing Soil Berm at Range Metal Treatment Technologies,LLC
Police Department -2019
Appropriation#43-501.00 Fund;P.O.#103060 QRO`
Contract Not To Exceed$56,000.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES \,t1
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement') is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety("City"),
and Metals Treatment Technologies, LLC, an entity duly authorized to do business in the State of Indiana
("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 43-501.00 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Fifty Six Thousand Dollars ($56,000.00) (the "Estimate"). Vendor shall submit
an invoice to City no more than once every thirty (30) days detailing the Goods and Services
provided to City within such time period. City shall pay Vendor for such Goods and Services within
thirty-five (35) days after the date of City's receipt of Vendor's invoice detailing same, so long as and
to the extent such Goods and Services are not disputed, are in conformance with the specifications
set forth in Exhibit A, are submitted on an invoice that contains the information contained on
attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of
this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and
Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's
stated use and are fit and sufficient for their particular purpose.
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
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1
Metal Treatment Technologies,LLC
Police Department -2019
Appropriation#43-501.00 Fund;P.O.#103060
Contract Not To Exceed$56,000.00
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c)fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty(30)days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
[S:\Contracts\Pro(.Svcs&Cmds Svcs\Police Dept\2019\Metals Treatment Technologies,LLC Goods and Servi«s.doc:819/2019 2:40 PM]
2
Metal Treatment Technologies,LLC
Police Department -2019
Appropriation#43-501.00 Fund;P.O.#103060
Contract Not To Exceed$56,000.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E-Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E-Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement
[s:\coutracts�of.sva&Goods Svcs\Police Dept12019\Metals Treatment Technologies.LLC Goods and Services.doc:8/92019 2:40 PM1
3
Metal Treatment Technologies,LLC
Police Department - 2019
Appropriation#43-501.00 Fund;P.O.#103060
Contract Not To Exceed$56,000.00
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND Douglas C. Haney,
Police Department Corporation Counsel
Three Civic Square Department of Law
Carmel, IN 46032 One Civic Square
Carmel, Indiana 46032
If to Vendor: Metals Treatment Technologies, LLC
14045 W 66th Ave
Arvada, CO 80004
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
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4
Metal Treatment Technologies,LLC
Police Department -2019
Appropriation#43-501.00 Fund;P.O.#103060
Contract Not To Exceed$56,000.00
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2019 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term "principal" for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City's
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
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5
Metal Treatment Technologies,LLC
Police Department -2019
Appropriation#43-501.00 Fund;P.O.#103060
Contract Not To Exceed$56,000.00
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely,voluntarily,and without any duress, undue influence or coercion.
28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA Metals Treatment Technologies, LLC
by and through its Board of Public
Works and Safety
By: By:
(S-Pee-"0". 7)7 &le—
ames Brainard, Presiding Officer Authoriz Signature
Date: 4
James M Barthel
'. / Printed Name
M.ry An, aurke, Mem•
Date: 7 I President/CEO
Title
Lori S. Watso emIer FID/TIN: 84-1553446
Date: I a r "
Last Four of SSN if Sole Proprietor:
ATT T:
Date: 08.14.19
_Christine S. Paul , Clerk; eas �
i Date: �/c
tS:,Ctadmh,Pref Sses&Guuh 5v3V4.tice Dgxs2019\\(etals T,eatmcoc Te.hmkgics,LLC Goods and Senices.d SN2019 L40 PM)
6
l Project Contract
Date: 8/7/2019 Client Carmel,Indiana Police Department
Job Number TBD Contact Sgt Shane Collins: scollins@carmel.in.gov
Project Name Carmel Police Department Firing Range Location 9609 Hazel Dell Parkway,Indianapolis,IN
Metals Treatment Technologies,LLC THE CONTRACT TERMS APPEARING BELOW TOGETHER WITH THE GENERAL CONDITIONS
Contractor 14045 West 66,^Avenue PRINTED ON THE FOLLOWING PAGE AND ATTACHMENTS HERE TO FORM THE SOLE
Arvada,Colorado 80004 PROVISIONS OF THE ENTIRE CONTRACT
CONTRACT TERMS
Description of the Work
DuraBloc Wall demo and disposal;Soil berm enhancement and Lead-impacted Soil Treatment as outlined in Attachment A,MT2 Proposal Dated 08/02/2019. The site is located at
9609 Hazel Dell Parkway,Indianapolis,Indiana.
Drawings and Specifications
None
Time of Performance
Starting at a mutually agreeable date in August/September,2019
Lead Firing Range Lead Maintenanc-Tani OTv Un,t Pace
ID Upfront Payment:Plans,Mobilization,Demobilization,Site Setup and Preparation 1 Lump Sum $6,000
DuraBloc Wall Demo:Disassemble DuraBloc wall,88'x9'h.Load DuraBlocs into Roll
® Off containers, approximately 30 cy. Demo wall steel structure,to grade. Concrete 1 Lump Sum $21,500
footings to remain in place.
•
® Disposal:Dispose of DuraBlocs as D008 Hazardous Waste. 60 $182 CY $10,920
Transportation: Transport of DuraBlocs for hazardous waste disposal using roll off 3 $1,660/Load $4,980
containers. Includes spot and haul,10 days roll off rental.
Soil Berm Enhancement:Regrade face of existing soil berm.Install up to 150 tons of
® fill soil and 30 cy of topsoil on berm face.Apply seed and straw matting. 1 Lump Sum $8,600
® Optional:Guaranteed ECOBOND°Treatment of Soils Up o 100 Lump Sum $4,000
CY
Total: $56,000
Price $56,000
Pricing Assumptions as outlined in Attachment A MT2 Proposal dated 8/2/2019
Terms of Payment:
Client to provide upfront payment prior to MT2 mobilization.Client payment to MT2 Net 30 days upon receipt of MT2 invoice.If Client payment is late,Client agrees to pay Contractor
an additional 1.5%per month on the account and all collection fees for any past due amount owed to Contractor.
Address for Correspondence/Notices
See above
O General Conditions ❑ Affidavit
Attachments(as checked)
0 Other(Specify)Attachment A A. MT2 proposal dated 8/2/2019
Contractor: Metals Treatment Technologies,LLC Client: Carmel,Indiana Police Department
Signature Date Signature Date
Exhibit
/ 0r
1.0 RESPONSIBILITY
Contractor shall perform the work with diligence, in accordance with good construction practices and in accordance with the
drawings, specifications, procedures, and other requirements of this contract. Contractor shall furnish all supervision, labor,
facilities, storage, equipment, materials, supplies, and services necessary to perform the work unless otherwise specified in the
Project Offer. Contractor shall be solely responsible for payment of all insurance premiums required hereunder. The cost of all
wages, salaries,tools, supplies, parts, machinery, equipment, and expenses of whatever nature or description arising out of this
contract are to be borne by Contractor.
2.0 INDEPENDENT CONTRACTOR
Contractor shall perform the work as an independent contractor with exclusive control of the methodology and means of performing
the work. Contractor has no authority to act or make any agreements or representation on behalf of Client and this contract shall
not be construed as creating,between Client and Contractor,the relationship of Principal and Agent,Joint Ventures,Co-Partners
or any other such relationship,the existence of which is hereby expressly denied.
3.0 EXAMINATION OF JOBSITE
Contractor warrants that it has examined the jobsite,and has satisfied itself as to the nature and location of the work,the general
and local condition, and ground conditions at the jobsite.
4.0 SUPERVISION BY CONTRACTOR
Contractor shall retain at the jobsite a competent manager who shall represent Contractor and,who shall have full and complete
authority to act in behalf of Contractor.
5.0 INDEMNITY
Contractor shall indemnify and hold Client harmless and assume the defense for losses,damages,settlements,costs,charges or
other expenses or liabilities arising out of or relating to liabilities, losses, liens, demands, obligations, actions, proceedings, or
causes of action of every kind arising out of any actual: 1)failure of Contractor to comply with any law,ordinance,regulation, rule
or order of any governmental or regulatory body; 2) improper, sub-standard, inadequate, willful or negligent performance of this
contract.
6.0 SCHEDULES
Contractor shall execute the work diligently with sufficient numbers of qualified personnel, equipment, materials, and supplies to
accomplish the work,Any special working hours will be subject to prior approval of Client
7.0 TERM
Contractor 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.The continuing purchase by Client of the Services set forth in this Agreement is subject to Client's needs and to Client's
annual appropriation of sufficient funds in Client's fiscal year in which such Services are purchased. In the event Client does not
appropriate or budget sufficient funds to perform this Agreement, this Agreement shall be null and void without further action by
Client.
8.0 SAFETY AND CLEANUP
Contractor shall be responsible for the health and safety of its employees while present at the jobsite. Contractor shall comply with
all applicable laws, rules and other regulations relating to safety, including but not limited to, those set forth in the Occupational
Health and Safety Acts(OSHA). Contractor shall keep the premises and vicinity of the work clean of debris and rubbish.
9.0 SUBCONTRACTING AND ASSIGNMENT
Contractor shall not assign or further subcontract any portion of the work to be performed under this contract without Client's prior
written consent. Contractor shall include these general conditions as part of its contract agreement.Any subcontracting shall not
relieve the Contractor of its duties and obligations under this contract.
Exhibit
2oc 7
Get the Lead Out! 888-435-6645 www.mt2.com
10.0 TERMINATION
This Agreement may be terminated upon seven (7) days' written notice for Client's convenience without regard to any fault or
failure to perform by any party. If within five(5)days written notice by Client to Contractor specifying any deficiency in the work.
the promptness with which it is being performed,Contractor has not commenced to correct and within a reasonable time corrected
such deficiency to the satisfaction of Client; or if Contractor becomes bankrupt or insolvent or goes or is put into liquidation or
dissolution,either voluntarily or involuntarily, Client may terminate the contract.
If work of Contractor is suspended or terminated by Client for whatever reason, Contractor will be paid for the work actually
completed and for costs incurred for partially performing and closing out work not completed.
11.0 PAYMENT TERMS AND CONDITIONS
11.1 Payment Terms
Upfront payment prior to Contractor mobilization as specified in Contractor Proposal. Balance of Payment due to Contractor Net
30 days upon Client receipt of monthly Contractor invoice. If Client payment is late, Client agrees to pay Contractor an additional
1.5%per month on the account and all collection fees for any past due amount owed to Contractor.
11.2 Changes to the Work
Client may in its absolute discretion restrict,modify or extend the obligations of Contractor under this Agreement and to the extent
that Client's direction results in increasing or decreasing the scope of Contractor's Services under this agreement, the
compensation paid to Contractor will be equitably adjusted by Client based upon mutual agreement with Contractor.
12.0 RECORDS AND ACCOUNTS
Contractor will maintain good accounting and personnel records reflecting performance of the work and shall preserve such records
for a period of three(3)years after completion and acceptance of the project as a whole.
13.0 DISPUTES
13.1 Direct Dispute Resolution Effort
In the event of a question,claim,or dispute between the Contractor and Client(the Parties)arising out of or relating to this contract
or the breach thereof, except for claims which have been waived by the making or acceptance of final payment, such question,
claim, or dispute shall be settled by mutual agreement between the Parties. The Parties shall attempt in good faith to resolve
through negotiation any claim, dispute, controversy, or counterclaim arising out of or relating to this Contract. Either Party may
initiate dispute negotiations by providing written notice in letter form to the other Party, setting forth the nature of the dispute and
the relief requested.The recipient of such notice shall respond within five(5)business days with a written statement of its position
on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then
representatives of each Party with full settlement authority shall meet at a mutually agreeable time and place within ten (10)
business days from the date of the initial notice (unless otherwise mutually agreed between the Parties) to exchange relevant
information and perspectives, and to attempt to resolve the dispute. If agreement between the Parties cannot be reached within
15 calendar da s from date of initial written notice,either Party may file for mediation.
_ :y , o of or relatei> reement remaining
ng der the 15-day Direct
•y11-/>a-�• .:• .. '.: .T-,_ d b; • 30 day mediation period(unless otherwise mutually agreeetween`the Pa►ties)'as.:...
t • , arbitrate n..:Chant and Contractor shall endeavor to resolve claims;disputes and other matters*question
cation Rules of the,American Arbitration Associationftunintialn
a _ • • •4 , rays after written dispute notification between the parties
a feed kesegpaly;.:Agreements reached in mediation shall be enforceable as
ment agradlline in any court having jurisdiction%ereof
43.3 Arbitration
tothe.00ndtiiof precedent set forth in Mediation(above)of this.Agreement, all claim „disputes and • t-r matters in J
-•,,in arising out of or relating to this Agreement or breach thereof shall be dec .
i struction Industry Arbitrates of the American Arbitration'Association,
o arbitrate shah �,: , ..
I ..'.t : 'on shalt not exceed 60 days unless extended b
fshatfbe'final,end judgment beerrteredti.. r:... . -
FYhihit
Get the Lead Out! 888-435-6645 www.mt2.com l
l7
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ill , .•44444 i.
'41°...' ..
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. .,:„..1 •,. *ilk..,
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14.0 WORKMEN AND EMPLOYMENT PRACTICES
Contractor shall not discriminate against any employee or applicant for employment because of race,color,national origin,religion,
sex,age,or for any reason prohibited by law.
15.0 INSURANCE
Contractor shall provide insurance for the benefit of Contractor, and Client,with minimum coverage's and limits as follows:
(a)Workmen's Compensation Statutory
(b)Employer's Liability $1,000,000 CSL
(c)Comprehensive General Liability $9,000,000 CSL
(d)Automotive Liability covering owned, non-owned and hired automobiles,for Bodily Injury and Property Damage
(e)Pollution Liability $9,000,000
Note: Comprehensive General Liability: Covering bodily injury and property damage, and including contractual liability,
independent contractors,products/completed operations, broad form property form property damage and hazards.
16.0 FORCE MAJEURE
An event of"Force Majeure"occurs when an event beyond the control of the Party claiming Force Majeure prevents such Party
from fulfilling its obligations.An event of Force Majeure includes, without limitation, acts of God(including floods,hurricanes and
other adverse weather),war,riot,civil disorder,acts of terrorism,disease,epidemic,strikes and labor disputes,actions or inactions
of government or other authorities, law enforcement actions, curfews, closure of transportation systems or other unusual travel
difficulties,or inability to provide a safe working environment for employees.
In the event of Force Majeure, the obligations of Contractor to perform the Services shall be suspended for the duration of the
event of Force Majeure. In such event, Contractor shall be equitably compensated for additional expenses incurred during the
event of Force Majeure and the schedule shall be extended by a like number of days as the event of Force Majeure. If Services
are suspended for thirty(30)days or more,Contractor may,in its sole discretion,upon seven(7)days prior written notice,terminate
this Agreement. In the case of such termination, in addition to the compensation and time extension set forth above, Contractor
shall be compensated for all reasonable termination expenses.
17.0 LAWS
This contract shall be construed and governed by laws of the state in which the project is located. Contractor shall comply with
laws, statutes,ordinances,rules and regulations of any governmental entity having jurisdiction over the work.
18.0 CONFIDENTIAL INFORMATION AND TECHNOLOGY
Processes and techniques used by Contractor are considered proprietary and confidential technologies belonging exclusively to
Contractor.The Client acknowledges this statement and agrees not to copy, adapt or re-engineer the processes and techniques
of lead recovery developed and used by Contractor for the Client own use. The Client also agrees not to commercialize and/or
market the processes and techniques developed by Contractor to provide lead recovery services to other clubs, organizations or
businesses involved with shooting ranges.
Exhibit
1-161 ,
Get the Lead Out! 888-435-6645 www.mt2.com
Proposal: Firing Range Lead Maintenance
Carmel Police Firing Range
ivir2Prepared for: Sgt. Shane Collins: scollins@carmel.in.gov
Carmel Police Firing Range 9609 Hazel Dell Parkway, Indianapolis, IN
August 2, 2019 Page 1
1.0 SCOPE OF WORK
Lead screening and lead treatment services have been requested at the at the Carmel Police Firing
Range located at 9609 Hazel Dell Parkway, Carmel, IN. The following proposal is for your review and
consideration.
• DuraBloc Wall Demo: Disassemble DuraBloc wall and load blocks into 20 cy roll off
containers. Demo wall steel structure to grade. The existing concrete footers areto remain.
• Disposal of DuraBlocs: Load all used Durablocs into roll off containers for disposal; those
from the existing wall and those that are stockpiled. Transport lead impacted DuraBloc wall
material to a hazardous waste landfill for disposal. We are estimating 60 cy of waste for
disposal; actual volumes will be invoiced at the unit rates provided below. Volume of the
waste is measured per the roll off container size.
• Soil Berm Enhancement: Regrade the face of the existing soil backstop berm for reuse in
shooting activities. Vegetation clearing by others. Supply and place up to 150 tons of fill soil
on the face of the berm. Supply and install up to 30 cy of topsoil. Apply grass seed and straw
mulch to the face of the berm.
• Lead-Impacted Soil Treatment: Chemically treat the berm soil with ECOBOND® to meet US
EPA Resource Conservation and Recovery Act (RCRA) hazardous lead Toxicity Characteristic
Leaching Procedure (TCLP) of 5.0 mg/L.
The following MT2 budgetary price estimate to perform the above services is based on information
provided by Sgt. Collins. This quote is budgetary in nature and is to be used for estimating purposes
only.
2.0 PRICING
Lead Firing Range Lead Maintenance Task QTY Unit Price
Upfront Payment: Plans, Mobilization, Demobilization, Site
® Setup and Preparation 1 Lump Sum $6,000
DuraBloc Wall Demo: Disassemble DuraBloc wall,
88'x9'h. Load DuraBlocs into Roll Off containers,
1 Lump Sum $21,500
® approximately 30 cy. Demo wall steel structure, to
grade. Concrete footings to remain in place.
z Disposal: Dispose of DuraBlocs as D008 Hazardous Waste. 60 $182/CY $10,920
Transportation: Transport of DuraBlocs for hazardous
waste disposal using roll off containers. Includes spot 3 $1,660/Load $4,980
and haul, 10 days roll off rental.
Soil Berm Enhancement: Regrade face of existing soil
berm. Install up to 150 tons of fill soil and 30 cy of 1 Lump Sum $8,600
topsoil on berm face. Apply seed and straw matting.
Optional: Guaranteed ECOBOND®Treatment of soils Up to
® p 100 CY Lump Sum $4,000
Total: $56,000
Exhibit
Get the Lead Out! 888-435-6645 www.mt2.com f5c3f 7
g:\bd services\proposals\01-outdoor firing ranges\2019\2019-in-carmel pd\02-mt2 submittals\budgetary quote carmel in august 2 2019.doe,
Proposal: Firing Range Lead Maintenance
Carmel Police Firing Range
Prepared for: Sgt. Shane Collins: scollins@carmel.in.gov
Carmel Police Firing Range 9609 Hazel Dell Parkway, Indianapolis, IN
August 2, 2019 Page 2
2.1 ESTIMATED PROJECT SCHEDULE
The following schedule is an estimate, the total duration of construction activities is approximately 8
work days. Disposal of the Durablocs will require waste analysis, characterization and facility approval.
This task will take 2-4 weeks prior to transportation of waste offsite.
Task Duration
Mobilization 1 Day
DuraBloc Wall Demo& Load Out 5 Days
Soil Berm Enhancement 1 Day
ECOBOND®Treatment 1 Day
Total Project Duration 8 Days
The project schedule depends on "dry" conditions prior to and during onsite operations. MT2 will
coordinate a mutually-agreed upon start date with the range and can mobilize within two weeks after
receipt of "Notice to Proceed" issued by client. MT2 can begin this project as early as August 2019,
weather permitting.
2.2 PRICING ASSUMPTIONS
® Project schedule depends on "dry" conditions prior to and during onsite operations. MT2 will
coordinate arrival with the Customer to identify a time when dry conditions exist 1-2 weeks prior
to arrival and followed by anticipated dry conditions.
• Pricing based on standard work days (0700-1700 M-F).
• SWPPP El is ® is not required.
® MT2 will install erosion control and storm water protection measures such as silt fence, waddles and
hay bales to protect work areas, drainages and the environment
• Others will remove vegetation and materials such as timbers, scrap piles, material piles, fencing,
concrete slabs, asphalt, range equipment, and large debris from the lead-impacted soils area unless
otherwise noted in the scope of work.
® Upon arrival at the site, the Customer and MT2 will complete a site walkover and confer and agree
upon the most efficient location of the staged soil piles and Processing Area and equipment access to
work areas.
• Customer will provide MT2 access to an adequate nearby water source (e.g. hydrant) and associated
items such as permit/meter/hose as needed. MT2 will utilize an MT2 water truck or trailer to
provide dust suppression sprinkling as needed during excavation and screening operations.
® Pricing does not include management of live ammunition, only spent rounds. If live ammunition is
discovered, it will be left onsite for Customer to manage.
• If applicable MT2 will use appropriately-sized and/or rubber tire equipment and use caution to work
around existing range appurtenances with limited access (e.g. backstop berm soils imposed by range
knee walls,target systems, overhead baffles, and sidewalls). MT2 will not be responsible for damage
to the range, range equipment, or appurtenances should damage occur during scope of work.
Exhibit
Get the Lead Out! 888-43S-664S www.mt2.com
g:\bd services\proposals\01-outdoor firing ranges\2019\2019-in-carmd pd\02-mt2 submittals\budgetary quote Carmel in august 2 2019 doe, God'
C Proposal: Firing Range Lead Maintenance
Carmel Police Firing Range
M� Prepared for: Sgt. Shane Collins: scollins@carmel.in.gov
Carmel Police Firing Range 9609 Hazel Dell Parkway, Indianapolis, IN
August 2, 2019 Page 3
Measurement of quantities will be based on field measurement each day; signed-off daily by MT2
and Customer; and recorded in daily project log
• MT2 will perform dry decontamination of equipment before demobilization.
2.3 CONTRACT ASSUMPTIONS
® MT2 pricing includes:
❑ Prevailing Wage Rates ❑ Bonding LI Retainage ❑ Liquidated Damages
Customer will provide upfront payment prior to MT2 mobilization
® Payment to MT2 due within 30 days of Client receipt of MT2 invoice(Net 30 days). MT2 invoice will be
submitted to the Customer along with the Range Maintenance Report and Lead Recycling
Certificates.
• MT2 pricing is subject to MT2 review and approval of final contract terms and conditions.
• MT2 pricing valid for 90 days.
® Contractor, at its sole discretion, may offer Customer an opportunity to renew this Agreement for an
additional four (4) one (1) year term(s). Customer understands and acknowledges that any future
contracts or renewals are neither automatic nor implied by this Agreement. The continuing purchase
by Customer of the Services set forth in this Agreement is subject to Customer's needs and to
Customer's annual appropriation of sufficient funds in Customer's fiscal year in which such Services
are purchased. In the event Customer does not appropriate or budget sufficient funds to perform
this Agreement,this Agreement shall be null and void without further action by Customer.
® MT2 shall not be responsible for nor have any liability for any damages, injuries or hazards derived
from the shooting range operations or from the act of shooting at the shooting range to include but
not be limited to bullet or fragment ricochets,or for bullets or shot leaving range containment.
® Customer will provide MT2 a dry site adequate to complete the scope of work. No active surface or
underground water sources are present in the work area that would negatively affect the
completion of the scope of work. This includes streams, springs, wetlands, stormwater conveyance
pipes and run off channels, rock drains, etc. No landfill liners or similar geotextile layers that would
inhibit the percolation of stormwater into the subsurface are present. Any of these conditions must
be communicated to MT2 prior to mobilization to ensure successful completion of the work and
avoid unexpected delays and cost.
® The earthwork performed during the scope of work will be sloped into existing natural contours
with the goal of directing stormwater away from the berm and trap. No drainage modifications or
installation activities are included in this scope of work. During the design phase of the project,
drainage may be recommended for proper management of stormwater and to maintain dry
conditions on the range floor.
►� A standard tolerance of+/-6 inches will be used during all earthwork construction.
Exhibit 407:7
Get the Lead Out! 888-435-6645 www.mt2.com
g:\bd services\proposals\01-outdoor firing ranges\2019\2019-in-camel pd\02-mt2 submittals\budgetary quote carmel in august 2 2019.docr
EXHIBIT B
Invoice
Date:
Name of Company:
Address &Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation&Disability Statutory Limits
Employer's Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit(other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal &Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit(any one person): $ 50,000
Comprehensive Auto Liability(owned,hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
EXHIBIT D
AFFIDAVIT
James M Barthel , being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen(18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
Metals Treatment Technologies LLC (the"Employer")
in the position of President/CEO
3. I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E-Verify program and has
provided documentation of such enrollment and participation to the City of Carmel,
Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the 14th day of August , 2019 .
7)9
Printed: James M Barthel
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
Printed: James M Barthel
a INDIANA RETAIL TAX EXEMPT Page 1 of 1
City of Carmel
CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 103060
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP
CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
8/6/2019 373487
METALS TREATMENT TECHNOLOGIES LLC Carmel Police Department
VENDOR 14045 W 66TH AVE SHIP 3 Civic Square
TO Carmel, IN 46032-
ARVADA,CO 80004- Blaine Mallaber
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
38674
QUANTITY UNIT OF MEASURE , DESCRIPTION UNIT PRICE 1 EXTENSION
Department: 1110 Fund: 101 General Fund
Account: 43-501.00
1 Each Demo, disposal and regrade existing soil berm at Range $56,000.00 $56,000.00
Sub Total $56,000.00
scs of CA�q�
111
1111111 ' • I
_ i ■ li . '
Send Invoice To. /�
Carmel Police Department D I AN 1"
Accounts Payable
3 Civic Square
Carmel, IN 46032-
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT I PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $56,000.00
SHIPPING INSTRUCTIONS *A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
'SHIP PREPAID. PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBUGATED BALANCE IN
*C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 194 arim4.-• 12,4•141A43
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Jim Barlow
TITLE Chief
CONTROL NO. 1 03060 CLERK-TREASURER