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HomeMy WebLinkAboutAction Target Inc; 2022-06-22; PSA22-1848FACPSA22-1848FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR INDOOR RANGE MAINTENANCE SERVICES ACTION TARGET, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2022, by and between the City of Carlsbad, a municipal corporation, ("City"), and Action Target, Inc., a Delaware corporation, ("Contractor"). RECITALS A.City requires the professional services of a contractor that is experienced in indoorrange maintenance services as follows: preventative maintenance and service checks on automated target systems, air compressors, target computerized programming and controls, and target electrical systems used on indoor shooting ranges. Additionally, the contractor must have experience conducting indoor shooting range remediation, which includes removing lead shot from range backstops, lead abatement procedures, hazardous materials packaging, metals recycling and range hygiene requirements. B.Contractor has the necessary experience in providing professional services andadvice related to indoor range maintenance services. C.Contractor has submitted a proposal to City and has affirmed its willingness andability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the"Services") that are defined in attached Exhibit "A", which is incorporated by this reference inaccordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe 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 two (2) additional one (1)year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor'sperformance, 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. 4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will betwenty-four thousand six hundred ninety dollars ($24,690). No other compensation for theServices will be allowed except for items covered by subsequent amendments to this Agreement.If the City elects to extend the Agreement, the amount shall not exceed twenty-four thousand six DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E June 22nd PSA22-1848FAC City Attorney Approved Version 6/12/18 2 hundred ninety dollars ($24,690) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. 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 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. 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 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. DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E PSA22-1848FAC City Attorney Approved Version 6/12/18 3 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, 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. 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. 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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: 67BD292C-70E4-474E-AA8E-F1F713FBF30E PSA22-1848FAC City Attorney Approved Version 6/12/18 4 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 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 three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. 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 Agree DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E PSA22-1848FAC City Attorney Approved Version 6/12/18 5 For City For Contractor Name Jason Kennedy Name Diana Rotolo Title Safety Training Center Manager Title Project Manager Depart- ment Public Works Address 3411 S. Mountain Vista Parkway City of Carlsbad Provo, UT 84606-0636 Address 1635 Faraday Ave Phone No. 801-377-8033 Carlsbad, CA 92008 Email drotolo@actiontarget.com Phone No. 442-339-5132 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. 17. 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 in all four categories. Yes ☐ No ☒ 18. 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. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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 DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E PSA22-1848FAC City Attorney Approved Version 6/12/18 6 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. 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. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event 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. 22. 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. 23. 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. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E PSA22-1848FAC City Attorney Approved Version 6/12/18 7 25.SUCCESSORS AND ASSIGNSIt 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 orto become due under it may be assigned by Contractor without the prior consent of City, whichshall not be unreasonably withheld. 26.ENTIRE AGREEMENTThis Agreement, together with any other written document referred to or contemplated by it, alongwith the purchase order for this Agreement and its provisions, embody the entire Agreement andunderstanding between the parties relating to the subject matter of it. In case of conflict, the termsof the Agreement supersede the purchase order. Neither this Agreement nor any of its provisionsmay be amended, modified, waived or discharged except in a writing signed by both parties. 27.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf ofContractor each represent and warrant that they have the legal power, right and actual authorityto bind Contractor to the terms and conditions of this Agreement. CITY OF CARLSBAD, a municipal corporation of the State of California CONTRACTOR ACTION TARGET, INC., a Delaware corporation By: By: Paz Gomez, Deputy City Manager Public Works, as authorized by the City Manager (sign here) Mark Birch, CEO & President (print name/title) By: (sign here) Scott Wright, CFO (print name/title) 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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E PSA22-1848FAC City Attorney Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES Contractor agrees to perform the following indoor shooting range maintenance services at the Carlsbad Safety Training Center (STC) located at 5750 Orion Street, Carlsbad, California, 92010: AUTOMATED RANGE TARGET SYSTEM PREVENTATIVE MAINTENANCE: Perform one (1) preventative maintenance checks and services visit per year on the automated target systems located on the 25-yard and 100-yard indoor shooting ranges. The amount of the annual range target system maintenance will not exceed two thousand five hundred dollars ($2,500.00) per service. Contractor agrees to provide the following inspections and preventative maintenance checks: 1. Target Inspections and Maintenance • Test all valves and pistons. Adjust target speed. • Replace valves and pistons as needed. • Inspect spring tension on target clamps. Adjust tension or replace as needed. • Grease all actuator bushings. Replace as needed. • Inspect and secure electrical connections and air connections. • Verify all cable tensions and adjust as necessary. • Cycle and adjust tension on running targets. • Provide general inspection of all targets to diagnose any potential problems. 2. Compressor and Air Lines • Check oil level and air filter. Replace as needed. • Drain water condensation buildup. • Check air dryer system functionality (if applicable). • Test entire system for leaks. Repair minor leaks as needed. • Verify correct pressure settings and adjust as necessary. 3. Electrical Systems • Test voltage levels at the power supply and target locations. • Test functionality of each interface component. • Inspect and replace fuses. • Clean and secure all enclosures. 4. Range Control Room • Update computer software to the latest versions. • Run all standard software programs and scenarios to verify functionality. • Provide training for Range Staff personnel on SmartRange program. • Test iPad controllers and phone receivers for proper operation. /// /// /// DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E PSA22-1848FAC City Attorney Approved Version 6/12/18 9 INDOOR SHOOTING RANGE REMEDIATION SERVICE Perform annual lead remediation and cleaning services for two (2) indoor firing ranges (25-yard and 100-yard). Ranges consist of a total of eighteen (18) lanes. Lead remediation or the removal of lead shot and cleaning of each range will take place once per year. The amount of each remediation and range cleaning will not exceed the amount of twenty-two thousand one hundred ninety dollars ($22,190.00) per service visit. Each service visit will include the following: 1. Full pull or removal of all granulated rubber from the backstop containment areas on the 25-yard and 100-yard indoor firearms ranges. Contractor will remove lead, rubber fines and debris and replace granulated rubber. This service will also include cleaning at the rear of the bullet containment areas (berms) or bullet traps. a. Range technicians with required personnel protective equipment and remediation machinery will remove all granulated rubber from each berm, separate lead materials, copper, and fines. Technicians will clean the berm cavity to remove rubber dust, inspect backstop for any damages; and if no damages are found, replace granulated rubber material. Service provides labor to add up to 8,000 lbs. of granulated rubber to both berms. Smooth berm to required slope and measure depth for range service report to ensure safe depth is met or exceeded. The City will provide extra granulated rubber material required to fill or replace materials removed from the berm cavity. ***Note 1: Contractor will provide a generator to power the heavy equipment required to complete the lead remediation service(s). b. Range technicians with required safety equipment will HEPA vacuum and wet mop (HEPA sandwich technique or Vacuum, Mop, Vacuum) the space behind the backstop containment area including the walls and floors. Range technicians will clean the exterior areas of the HVAC system and replace the first stage air filters as needed. Filters removed will be packaged and marked for HAZMAT disposal. All replacement air filters will be provided by the City. 2. Range technicians with required safety equipment will conduct top-down cleaning of the entire range, including vacuuming and wiping down all ceiling deflection baffles, light fixtures, range equipment, target holders, and range walls. Range technicians will vacuum and wet mop range floors after top areas have been sufficiently cleaned and inspected. 3. City reserves the right to select metals recycling services. All lead remediated from the ranges will be placed in metal 55-gallon containers and labelled. City will provide the necessary containers if City chooses a certified recycler over services provided by Contractor. If Contractor is selected for metals recycling services, Contractor will provide metal containers. Contractor will provide City with a certificate of recycling verifying all metals have been properly recycled in accordance with local, state and federal laws. Revenues from recycling will be provided to City in the form of a check made payable to the City of Carlsbad and mailed to: City of Carlsbad Attn: Cashier 1635 Faraday Avenue Carlsbad, CA, 92008 Contractor will reference account 0015320-5320 on each check. The City reserves the right to cancel Contractor provided metals recycling services at any time and without notice. DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E PSA22-1848FAC City Attorney Approved Version 6/12/18 10 ***Note 2: If Contractor’s metals recycling services are requested by City, Contractor will provide a final weight confirmation report which will be emailed to City within one week of receipt of metals at receiving warehouse (transit time from pickup to warehouse is generally 3–7 days). A check will be mailed to City within thirty (30) days after receiving the report. If the City has any outstanding unpaid balances with Contractor, recycling credit may be used to pay towards those unpaid balances. Recycling revenue credits will expire after twenty-four (24) months after receipt by City. Range lead credit terms. City will receive 39% of the lead price (per pound of range lead received from rubber berm traps) as published on The London Metal Exchange (www.LME.com) at the time of Contractor pick-up. 4. Range technicians will package all hazardous materials to include cleaning materials, liquids, rubber fines, personnel clothing, and debris in proper storage containers, mark and label as "LEAD CONTAMINATED," and stage for shipment and/or pick-up by the City’s designated HAZMAT service provider. The City will coordinate the removal of all waste from the site using established hazardous waste procedures. 5. Action Target’s (Contractor) project manager or site supervisor will conduct random lead sampling wipe tests around the range areas to verify cleanliness and any potential lead accumulation areas which may require additional cleaning. 6. Range remediation process will comply with all applicable Cal/OSHA and EPA regulations. 7. Scheduled work hours for each range remediation will be 6am - 6pm (12 Hours). ***Note 3: Range access requirements required for range remediation services: a. The pathway from the parking lot to the bullet trap area must allow for transport of wheeled machinery that weighs 400 pounds and is sized to fit through a standard 3’0” door opening. b. The pathway from the parking lot to the bullet trap area must allow for the transportation of 55-gallon containers that weigh 2,000 pounds or more but can be moved with a pallet jack. c. Photographic documentation of the jobsite access and pathways are provided in Exhibit “B”. /// /// /// /// /// /// /// /// DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E PSA22-1848FAC City Attorney Approved Version 6/12/18 11 FEE TABLE ITEM NO. UNIT QTY DESCRIPTION COST PER VISIT ANNUAL COST 1 EA 1 Annual automated target system preventative maintenance checks and services for 25-yard and 100-yard range target systems. $2,500.00 $2,500.00 2 EA 1 Annual lead remediation & rubber fines removal for two indoor firearms ranges. $19,000.00 $19,000.00 3 EA 1 Provide power source in the form of generator to power all heavy equipment required to conduct lead remediation process. $1,390.00 $1,390.00 4 EA 1 Additional cleaning and filter change per visit. Hazardous waste to be disposed of by City, UN Hazardous Waste containers to be provided by customer. $1,800.00 $1,800.00 TOTAL $24,690.00 /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E PSA22-1848FAC City Attorney Approved Version 6/12/18 12 EXHIBIT “B” 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. DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/23/2022 (801) 325-5000 125 (801) 532-2804 29459 Action Target, Inc. 3411 South Mountain Vista Pkwy Provo, UT 84606 27120 40517 44520 A 1,000,000 X X 34CESOF4682 5/26/2022 5/26/2023 300,000 10,000 1,000,000 5,000,000 2,000,000 1,000,000B 34UENAA8091 5/26/2022 5/26/2023 Comp/Coll Deds 2,000 6,000,000A 34XSON0784 5/26/2022 5/26/2023 6,000,000 10,000 C X 1035254-UT&3362015-AOS 1/31/2022 1/31/2023 1,000,000 N 1,000,000 1,000,000 D Prof'l/Cntrs Poll PKC112972 5/26/2022 E&O Liab/Agg 1,000,000 D Claims-made:5/26/15 PKC112972 5/26/2022 5/26/2023 Deductible 25,000 The City of Carlsbad/CMWD, its officials, employees and volunteers are shown as Additional Insured with regard to products/services provided by the Named Insured. Coverage shall be considered primary. Waiver of Subrogation is granted in favor of same.; City of Carlsbad/CMWD Carlsbad PD Maintenance Plan %EXIGIS Insurance Compliance Services P O Box 947 Murrieta, CA 92564 ACTITAR-01 RSMITH Diversified Insurance Group 136 E. South Temple, Suite 2300 Salt Lake City, UT 84111 Ramona Smith rsmith@diversifiedinsurance.com Twin City Fire Insurance Co. Trumbull Insurance Company WCF National Insurance Company Crum & Forster Specialty Ins Co. X 5/26/2023 X X X X X X X X X X DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I POLICYNUMBERCOMMERCIALGENERALLIABILITY CG THISENDORSEMENTCHANGESTHEPOLICYPLEASEREADITCAREFULLY ADDITIONALINSUREDOWNERSLESSEESORCONTRACTORSSCHEDULEDPERSONORORGANIZATION Thisendorsementmodifiesinsuranceprovidedunderthefollowing COMMERCIALGENERALLIABILITYCOVERAGEPART SCHEDULE CG ✠InsuranceServicesOfficeInc Pageof ASectionIIWhoIsAnInsured isamendedtoincludeasanadditionalinsuredthepersonsororganizationsshownintheSchedulebutonlywithrespecttoliabilityforbodilyinjurypropertydamage or personal and advertising injurycausedinwholeorinpartbyYouractsoromissionsorTheactsoromissionsofthoseactingonyourbehalfintheperformanceofyourongoingoperationsforthe additional insureds at the locationsdesignatedaboveHoweverThe insurance afforded to such additionalinsuredonlyappliestotheextentpermittedbylawandIfcoverageprovidedtotheadditionalinsuredisrequired by a contract or agreement theinsuranceaffordedtosuchadditionalinsuredwillnotbebroaderthanthatwhichyouarerequiredbythecontractoragreementtoprovideforsuchadditionalinsured B Withrespecttotheinsuranceaffordedtotheseadditional insureds the following additionalexclusionsapplyThisinsurancedoesnotapplytobodilyinjuryorpropertydamageoccurringafterAllworkincludingmaterialspartsorequipmentfurnishedinconnectionwithsuchworkontheprojectotherthanservicemaintenanceorrepairstobeperformedbyoronbehalfoftheadditionalinsuredsatthelocationofthecoveredoperationshasbeencompletedorThatportionofyourworkoutofwhichtheinjuryordamageariseshasbeenputtoitsintendedusebyanypersonororganizationotherthananothercontractororsubcontractorengagedinperformingoperationsforaprincipalasapartofthesameproject NameOfAdditionalInsuredPersonsOrOrganizations LocationsOfCoveredOperations InformationrequiredtocompletethisScheduleifnotshownabovewillbeshownintheDeclarations 34 CES OF4682 City of Carlsbad Carlsbad PD Maintenance Plan 5750 Orion Street Carlsbad, CA 92010 DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E C Withrespecttotheinsuranceaffordedtotheseadditional insureds the following is added toSectionIIILimitsOfInsuranceIfcoverageprovidedtotheadditionalinsuredisrequiredbyacontractoragreementthemostwewillpayonbehalfoftheadditionalinsuredistheamountofinsuranceRequiredbythecontractoragreementor Available under the applicable limits ofinsurancewhicheverislessThisendorsementshallnotincreasetheapplicablelimitsofinsurance Pageof ✠InsuranceServicesOfficeInc CG DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E WC 00 03 13 (Ed. 4-84) © Copyright 1983–2006 National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) Policy No.3362015 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Insured ACTION TARGET INC Endorsement No. Premium Endorsement Effective 01/31/2022 3411 S Mountain Vista Pkwy Provo, UT 84606 WCF National Insurance CompanyInsurance Company Countersigned by WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Waiver Type Blanket A blanket waiver of subrogation is granted for all projects and contracts for the below named insured and its subsidiaries for all jobs requiring such a waiver in writing in all states excluding Texas listed under section 3A of your information page. DocuSign Envelope ID: 67BD292C-70E4-474E-AA8E-F1F713FBF30E