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HomeMy WebLinkAboutItem 06.oAugust 31, 2011 Contract with Metals Treatment Technologies, LLC, n /k/a MT2 LLC for Range Cleanup, 225` and Cedar Avenue Proposed Action Staff recommends the following action: Move to enter into a contract with Metals Treatment Technologies, LLC, n /kla MT2 to provide work needed for cleanup of former police shooting range on property owned by the Metropolitan Airports Commission. Overview Property used as a police shooting range is now closed and lead mitigation is required. MT2 will treat and remove soil to mitigate lead from soil at the range site. Primary Issues to Consider • The work performed by MT2 agreement condition. • The Dakota County Sheriff's MT2. Supporting Information • Contract with MT2 and description of work performed. • City attorney drafted agreement and reviewed letter from Sheriff See Page 2 dhn Kornmann Administrative Sergeant Financial Impact: $53,500 Budgeted: YIN Related Documents (CIP, ERP, etc.): Notes: is necessary to return MAC property to pre- Source: Item No. Department has agreed to 40% of the cost to hire Council Report Page 2 The Lakeville Police Department entered into an agreement with MAC in 1986 to utilize a gravel pit as a shooting range. The agreement provided assurance that the city would return the property to pre -range condition. In 2009, MAC advised the city the range would need to be closed to make way for a possible runway extension. August 2010- The city hired Foth Infrastructure and Environment to serve as a consultant for this clean up project. April 2011- Foth presented 4 clean up options. Two met the requirements of the property owner. The high bid option was $375,000. Low price option was work performed by MT2. June 2011- Plan submitted to Minnesota Pollution Control Agency at the request of MAC. August 2011- MN PCA VIC program approved the clean up plan and will provide letters to Dakota County, City of Lakeville and MAC when clean up is completed. Foth Infrastructure and Environment will supervise the cleanup for $10,000. Projected cost to hire MT2 with Foth oversight is $63,300. Dakota County Sheriff Dave Bellows has provided a letter of intent to pay 40% or $25,200 of this portion of the clean up. t.s 4 %4" t on*, Thomas E. Vonhof, Chief of Police City of Lakeville 9237 183rd Street Lakeville, MN 55044 Dear Chief Vonhof: This letter is in regard to the cost of rernediating the former gun range located on 225th Street. Based on our previous discussions, 1 want to confirm that the Dakota County Sheriff's Office will evenly divide the cost of 58,500 from Foth for Phase One of this project. Further, the remaining cost for this project of 563,000, which includes both actual cleaning and future monitoring, would be shared on a 60/40 ratio based on previous use. The Dakota County Sheriff's Office is willing to cover 40 percent of the remaining 563,000, or approximately 525,200. Ultimately, this expenditure has to be approved by the Dakota County Board of Commissioners as part of a Joint Powers Agreement with the City of Lakeville. Given our mutual use of the site, I do believe that this is a fair resolution to the actual cost of this project. If you have any questions, please do not hesitate to contact me. Sincerely your s1 David ID Bellows Dakota County Sheriff DDB/jle D OTA COUNTY SHERIFF DAVE BEI LOWS, SHERIFF TIM LESLIE,CHIEF DEPUTY SHERIFF 15R0 FiijInvav Bfrq Oilier Box 247 ilasTimi:s MN 5503-0247 Office of the August 31, 2011 cc: Sergeant John Kornmann, Lakeville Police Department Assistant Dakota County Attorney Kathy Keena Phone: (651) 438 Emergency Dial 911 Fax: f651) 438-4709 Commanders John Grant Detention Semites Daniel Seheuermann Operations AGREEMENT AGREEMENT made this day of , 2011, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City ") and METALS TREATMENT TECHNOLOGIES, LLC n/k/a MT2, LLC, a Colorado limited liability company (hereinafter referred to as "MT2 "). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains MT2 to remediate lead - impacted soil at the fonner Lakeville gun range located near the intersection of Cedar Avenue and 225 Street West in Farmington, Minnesota. 2. CONTRACT DOCUMENTS. The following documents shall he referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Proposal: Remediation of Lead - Impacted Soil at the Foiiuer Lakeville Gun Ranee, Farmington, MN., dated April 29, 2011. C. Treatability Report: Foth Engineering, Lakeville, MN., dated April 29, 2011 In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first pri ority and Contract Document "C " having the last priority. 3. COMPENSATION. MT2 shall be paid by the City for the services described in the Contract Documents in accordance with the "MT2 fixed pricing schedule" on page 5 of the proposal which is inclusive of expenses, reimbursables and taxes, if any. The City shall make an initial payment to MT2 of 55,000.00 upon receipt by the City of the required insurance certificate and performance bond. Subsequent payment to MT2 shall be made upon satisfactory completion of the services and receipt of the deliverables by the City. 4, PERFORMANCE BOND. Prior to commencement of work, the Contractor shall furnish the City a performance bond in the amount of the contract price satisfactory to the City guaranteeing completion of the work required by the Contract Documents. The City will reimburse MT for the cost of securing the bond in an amount not to exceed 51,800.00. 5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 15820$v03 RNK:r0812 512 0 1 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, MT2 shall abide by all statutes, ordinances, rules and regulations pertaining to the provisio services to be provided. 7. STANDARD OF CARE. MT2 shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of MT2's services. 8. INDEMNIFICATION. MT2 shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, resulting in whole or part from MT2 actions or inactions and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character resulting in whole or part from MT2's action or inaction. 9. WORKER'S COMPENSATION. MT2 shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 10. COMPREHENSIVE GENERAL LIABILITY. MT2 shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on the general liability insurance on a primary and noncontributory basis. MT2 shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Contractual Liability (identifying the contract): 58208v03 RNK:r08 /25201 1 Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Pollution Liability: $2,000,000 each occurrence $2,000,000 aggregate Comprehensive Automobile Liability (owned, non - owned, hired): Bodily injury: $2,000,000 each occurrence $2,000,000 each accident RNK:r f S 25?201 Property Damage: $2,000,000 each occurrence 11: INDEPENDENT CONTRACTOR. The City hereby retains MT2 as an independent contractor upon the terms and conditions set forth in this Agreement. MT2 is not an employee of the City and is free to contract with other entities as provided herein. MT2 shall be responsible for selecting the means and methods of performing the work. MT2 shall furnish any and all supplies, equipment, and incidentals necessary for MT2's performance under this Agreement. City and MT2 agree that MT2 shall not at any time or in any manner represent that MT2 or any of MT2's agents or employees are in any manner agents or employees of the City. MT2 shall he exclusively responsible under this Agreement for MT2's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 12. SUBCONTRACTORS. MT2 shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. MT2 shall comply with Minnesota Statutes § 471.425. MT2 must pay subcontractors for all undisputed services provided by subcontractors within ten days of MT2's receipt of payment from City. MT2 must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to suhcontractors. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 13. MT2' S REPRESENTATIONS. A. MT2 has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. MT2 is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. C. MT2 has carefully studied all: (I) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) (2) reports of the Hazardous Environmental Condition at the Site. D. MT2 has obtained and carefully studied or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work_ 14. CONTROLLING LAW /VENUE. This Agreement shall he governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County 15. MINNESOTA GOVERNMENT DATA PRACTICES ACT. MT2 must comply with the Minnesota Govertunent Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected received, stored, used, maintained, or disseminated by MT2 pursuant to this Agreement, MT2 is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event MT2 receives a request to release data, MT2 must immediately notify City. City will give MT2 instructions concerning the release of the data to the requesting party before the data is released, MT2 agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers hannless from any claims resulting from MT2's officers'. agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and /or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 16. COPYRIGHT. MT2 shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. PATENTED DEVICES, MATERIALS AND PROCESES. If the Contract requires, or MT2 desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, MT2 shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall he filed with the City. if no such agreement is made or filed as noted, MT2 shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 18. RECORDS. MT2 shall maintain complete and accurate records of expense` involved in the performance of services. 19. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest without the written consent of the other party. 20. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21, ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parries relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. I5R2O Rv03 4 RNK:rOB /25.2041 sing here Dated: 2011. CITY OF LAKEVILLE Dated: I v03 RNK:rilS7251201 I 5 BY: 2 011. MT2, L C BY: Its PROPOSAL: Remediation of Lead - Impacted Soil at the Former Lakeville Gun Range, Farmington, MN April 29, 2011 Page 1 INTRODUCTION The following proposal is provided to Foth Infrastructure and Environment, LLC (Foth) for the selected remedial approach for lead- impacted soils within a small arms firing range backstop berm at the former Lakeville Gun Range located near the intersection of Cedar Avenue and 225 Street West in Farmington Minnesota. Fixed pricing is presented to address lead- impacted soils in a former small arms firing range identified by Foth as containing lead above residential action levels at the site as part of a remediation and closure program. Through review of site characterization data, a treatability study of representative site soils and evaluation of aerial images, MT2 has developed fixed pricing to complete remediation of the site as a "turnkey" project. The selected alternative is to perform in -situ treatment of soils impacted by lead above residential action levels to render leachable lead in these soils to below the Resource Conservation and Recovery Act (RCRA) Toxicity Characteristic Leaching Procedure (TCLP) threshold of 5.0 mg /L. Treatment will be followed by confirmation sampling by MT2 to demonstrate that treated soils are non - hazardous prior to loading, transport and off-site disposal at a nearby Subtitle D landfill. MT2 has completed a treatability study of representative lead- impacted backstop berm soils provided by Foth. Samples contained small amounts of bullets and bullet fragments and were analyzed for total lead and leachable lead by TCLP analyses. Results indicated total lead concentrations of 328 mg /kg to 8,915 mg /kg total lead and leachable lead of 114 mg /L to 223 mg /L reflecting results similar to previously collected data for the site. Furthermore, ECOBOND° stabilization reagent was demonstrated to be effective in reducing leachable lead concentrations in these samples to below the RCRA criteria of 5.0 mg /L rendering them non - hazardous for disposal. MT2 will complete project tasks in accordance with all applicable federal and state laws, rules, and regulations including, at a minimum applicable United States Code, Code of Federal Regulation, and Minnesota State Statutes. In addition, MT2 will comply with all components of the Occupational Safety and Health Administration (OSHA) Standard 1920, and all other federal and state requirements for workplace safety applicable to the remediation and handling of lead and lead- contaminated soils. Upon award and as required, MT2 will provide Foth evidence of all required OSHA training records, evidence of MT2's Respiratory Protection Program, Medical Surveillance Program, and medical exams with physician's statements for all workers. In addition, MT2 will provide Foth evidence of General Liability, Worker's Compensation and Pollution Liability insurance policies will be provided prior to commencing work. MT2 will provide workplans, safety plans, and a Storm Water Pollution Prevention Plan (SWPPP) for approval by Foth prior to starting work. MT2 will perform in -situ lead stabilization at the site adhering to requirements of these plans using storm water erosion control measures, and air monitoring procedures approved by Foth. Metals Treatment Technologies, LLC (MT2) has prepared this Quote for discussion purposes only. It is provided on a confidential basis. This Quote is the sole property of MT2 and must be returned upon demand. By accepting this Quote, 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 Quote in whole or in part without the prior written consent of MT2. PROPOSAL: Remediation of Lead - Impacted Soil at the Former Lakeville Gun Range, Farmington, MN April 29, 2011 Page 2 TECHNICAL APPROACH Task 1— Mobilization Site Set -Up and Preparation: Upon agreement to proceed, MT2 will prepare to mobilize to the site. Mobilization activities will include: • Developing an MT2 Work Plan, a Safety Plan and Storm Water Pollution Prevention Plan (SWPPP) for submittal to and approval by Foth; • Mobilizing all personnel, equipment, materials and tools to the site including all necessary ECOBOND® product and ECOBOND application and mixing equipment; • Performing a site walk -over with Foth to determine areas of excavation and processing; • Establishing temporary access, site access control, traffic control, and placing appropriate signage, and sanitary facilities, if needed; • Installing storm water management and soil erosion control measures as specified in the SWPPP; • Installing a gravel track -out pad along the access /egress route to main roads • Removal of vegetation and /or any remaining range materials such as retaining wall timbers, target remnants, or large rocks that would hinder direct access to soil and allow expeditious treatment of site soils. Removed vegetation and range materials will be staged within the range at a location agreed upon with Foth. Services provided by others will include: • Obtaining all necessary local permits • Conducting underground utility locates, as needed • Re- vegetation of impacted areas, if required Task 2: In -situ Lead Stabilization Treatment with ECOBOND® and Confirmation Sampling. Soil requiring treatment at the site will be delineated by Foth. MT2 will apply the appropriate amount of ECOBOND determined by the Treatability Study results to the surface of delineated areas and thoroughly mix in place to depths of up to 2 feet to 3 feet below the surface of the backstop berm surface in areas delineated by Foth. Standard construction equipment such as a loader or excavator will be used to mix ECOBOND® into the soil to depths indicated by Foth. Water may be added to assist with dust control and initial dissolution of ECOBOND'. Treated soils will be sampled and samples analyzed for lead by TCLP to confirm leachable is below 5.0 mg /L using TCLP analysis and characterize the soil for subsequent disposal. ECOBOND® lead stabilization treatment will be confirmed via one 5 -point composite sample for each 400 cubic yards of treated soil. Samples will be collected using USEPA SW -846 protocol and analyzed by EPA Method No. 1311 Toxicity Characteristic Leaching Procedure (TCLP) under a laboratory analysis turnaround time of 3 days. Should sample results indicate a failure to achieve the RCRA 5.0 mg /L criteria, MT2 will retreat the soil at no additional cost. Task 3: Excavation and Excavation Confirmation Sampling Upon receipt of favorable treatment verification sampling results, MT2 will excavate treated soils and untreated soils above action levels and then temporarily stage them within the boundaries of the site until excavation confirmation sampling is completed. Metals Treatment Technologies, LLC (MT2) has prepared this Quote for discussion purposes only. It is provided on a confidential basis. This Quote is the sole property of MT2 and must be returned upon demand. By accepting this Quote, 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 Quote in whole or in part without the prior written consent of MT2. PROPOSAL: Remediation of Lead - Impacted Soil at the Former Lakeville Gun Range, Farmington, MN April 29, 2011 Page 3 MT2 will perform excavation confirmation sampling and analysis to ensure that no soils above the action level remain on site within the areas delineated by Foth. MT2 may use an X -ray Fluorescence instrument (XRF) to measure total lead concentrations in excavation surfaces prior to performing excavation confirmation sampling to help ensure that soils containing lead above action levels have been removed. MT2 expects excavation confirmation sampling to include 1 composite sample for each 50 -foot by 50- foot area of excavation. Therefore, MT2 will collect an estimated 6 excavation confirmation samples using USEPA SW -846 protocols and analyze samples using EPA Method No. 6010 for total metals under a laboratory analysis turnaround time of 3 days. Results will be provided to Foth. Should results indicate that soil above action levels exists within excavation surfaces, MT2 will treat soils as needed and /or excavate additional soil in lifts of approximately 6 inches to 1 foot in consultation with Foth. MT2 will resample the excavated surfaces to provide excavation confirmation in the case of such failures. When excavation confirmation results indicate that all soils above the action level have been excavated, MT2 will obtain approval from Foth to initiate loading, transport, and disposal as described below. MT2 will also excavate two exploratory pits in range locations indicated by Foth to allow inspection of subsurface conditions. MT2 expects to immediately replace soils to their origin upon completion of the inspection, compact replaced soils using excavation equipment, and rough grade soils to conform with the original grade. Task 4: Loading Transport and Disposal Loading, transport, and disposal of treated soils as RCRA non - hazardous waste will be performed by MT2. MT2 will coordinate the disposition of treated and untreated lead- impacted soils above levels for transport and disposal as a non - hazardous solid waste at a nearby Subtitle D landfill facility. MT2 will prepare the necessary waste profiles and manifests and provide the required data to obtain landfill acceptance. Upon landfill acceptance, MT2 will excavate soils and coordinate loading of trucks for transport to the landfill. MT2 will also record transportation information for inclusion in the final report. Final waste disposal documentation will be obtained from the landfill and utilized to confirm soil quantities for inclusion into the Remediation Report. Demobilization, Remediation Report and Closure Report Support Upon completion of the above tasks and with the concurrence of Foth, MT2 will perform a general clean -up of the work area and dispose of trash as sanitary waste off site and materials. Equipment that has contacted contaminated soils will be decontaminated prior to release from the area. Decontamination will be performed using brooms and shovels to brush or scrape dirt from vehicles and equipment. MT2 will then demobilize all labor, equipment, and materials brought onto the site. MT2 will prepare and submit to Foth a Remediation Report within 2 weeks of demobilization. The Remediation Report will provide descriptions of the remediation activities including daily field logs and records, appropriate laboratory results, and transport and disposal documentation. MT2 will also assist Foth with closure report preparation on a limited basis, and provide other limited support as requested to facilitate acceptance of the report by the owner and regulatory agencies. SCHEDULE Metals Treatment Technologies, LLC (MT2) has prepared this Quote for discussion purposes only, It is provided on a confidential basis. This Quote is the sole properly of MT2 and must be returned upon demand. By accepting this Quote, 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 Quote in whole or in part without the prior written consent of MT2. PROPOSAL: Remediation of Lead - Impacted Soil at the Former Lakeville Gun Range, Farmington, MN April 29, 2011 Page 4 The estimated baseline schedule to complete this project is approximately one 4 o 6 weeks in total. MT2 anticipates 1 to 2 weeks onsite from site mobilization to de- mobilization including time while awaiting results for treatment verification and excavation confirmation. The schedule for field work will also be weather dependant. The presented timeframe for the project includes time to prepare plans prior to mobilization and to compile project records after field work is complete. MT2 can mobilize within one to two (1 — 2) weeks after receipt of "Notice to Proceed" issued by Foth and is presently anticipating arrival at the site in late Spring /early Summer 2011. Upon being issued a notice to proceed, MT2 will develop a firm arrival date in consultation with the Foth on project requirements and MT2 availability. Metals Treatment Technologies, LLC (MT2) has prepared this Quote for discussion purposes only. It is provided on a confidential basis. This Quote is the sole property of MT2 and must be retumed upon demand. By accepting this Quote, 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 Quote in whole or in part without the prior written consent of MT2. Pay Item Description Planning /Mobilization /Setup and Demobilization, Includes: • Development of Workplan, Safety Plan, and SWPPP • Mobilization of all personnel, equipment, materials and tools • Site walk and delineation of work areas, treatment areas, staging areas • Establishing temporary access, site access control, traffic control, and placing appropriate signage, and sanitary facilities, if needed • Set up and installation of SWPPP and erosion controls measures • Installing track -out pad • Clearing of Vegetation and materials from the work area Quant. 1 Fixed Unit Rate Lump Sum Price 59,000 2 Guaranteed ECOBOND® stabilization treatment of In -situ lead- impacted soils (up to 400 in -place cubic yards or 520 tons 1/ ) to a depth of 2 -3 feet below the existing ground surface of the backstop berm. Treatment will be followed by MT2 treatment confirmation sampling and analysis at a rate of one 5 -point composite for each 400 cyds. MT2 will guarantee treatment of soils with representative lead concentrations exhibited in the treatability study, to below the RCRA Toxicity Characteristic Leaching Procedure (TCLP) threshold of 5.0 mg /L. 1 Lump Sum 515,600 2a In - situ treatment of quantities above base quantity TBD $30 /ton TBD 3 Excavation and Excavation Confirmation Sampling and Analysis 400 in -place cubic yards) 1 Lump p Sum $4,250 3a Excavation and Excavation Confirmation Sampling (Quantities above base quantity) TBD $2,700 /day TBD 3b Excavation and backfill of 2 pits up to 5 -feet in depth below ground surface as directed by Foth to verify the nature of subsurface materials (estimated 1 hour of work) 1 No Cost 50 4 Loading Transport and Disposal of 520 tons of soils at an off- site Subtitle D Landfill 1 Lump Sum $25,000 4a Loading Transport and Disposal of soils at an Off -site Subtitle D Landfill (Quantities above the base quantity) TBD $44 /ton Total Base Price TBD $53,$50 PROPOSAL: Remediation of Lead - Impacted Soil at the Former Lakeville Gun Range, Farmington, MN April 29, 2011 Page 5 MT2 FIXED PRICING in - place cubic yard is assumed to weigh 1.3 tons Pricing Assumptions • MT2 requires written advance notice of 7 -14 days to mobilize to the site. • MT2 will provide access to adequate water that may be applied during treatment and for dust control. • Foth will delineate treatment areas and depths ranging from approximately 2 to 3 feet below the ground surface. • MT2 will provide its ECOBOND stabilization treatment guarantee ensuring through composite confirmation sampling that lead is at levels below 5.0 mg /L TCLP for soils with Metals Treatment Technologies, LLC (MT2) has prepared this Quote for discussion purposes only It is provided on a confidential basis. This Quote is the sole property of MT2 and must be returned upon demand. By accepting this Quote, 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 Quote in whole or in part without the prior written consent of MT2. PROPOSAL: Remediation of Lead - Impacted Soil at the Former Lakeville Gun Range, Farmington, MN April 29, 2011 Page 6 untreated lead contamination levels consistent with the MT2 treatability study and sample data provided. If results of treatment confirmation sampling indicate failures, MT2 will retreat and reconfirm soil at no cost. • Lead stabilization treatment will be confirmed via one 5 -point composite sample for each 400 cubic yards of treated soil and employ SW846 methods with a laboratory analysis turnaround time of 3 days. Treatment confirmation samples will be collected and analyzed by MT2. • Treated quantities for payment will be measured daily via mutually agreeable field estimation methods (such as measuring staging piles or counting loader buckets) and confirmed using and fill weight tickets obtained during disposal. • MT2 will perform dry decontamination of equipment before demobilization off site. • MT2 will implement dust control measures during in -situ treatment as needed to meet requirements of project work plans. • MT2 pricing assumes no weather delays beyond typical conditions for the season. In the event of dangerous or unproductive weather conditions, MT2 will confer with Foth to agree upon a plan to: 1) continue work; 2) demobilize; or 3) demobilize and reschedule production to accomplish work under safer or more productive conditions. Costs for weather- dictated demobilization and remobilization to continue work (Option 3) will be negotiated by MT2 and Foth. • Payment Terms: Upfront payment of $5,000 prior to mobilization. Net 15 days of invoice upon completion. Metals Treatment Technologies, LLC (MT2) has prepared this Quote for discussion purposes only. It is provided on a confidential basis. This Quote is the sole property of MT2 and must be returned upon demand. By accepting this Quote, 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 Quote in whole or in pad without the prior written consent of MT2.