HomeMy WebLinkAboutItem 11c - Gun Range Maintenance ServicesDATE: May 2, 2023
TO: Honorable Mayor and City Council
FROM: Roy Nakamura, Chief of Police
By: Amber Abeyta, Management Analyst
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH RANGE
MAINTENANCE SERVICES, LLC FOR GUN RANGE MAINTENANCE
SERVICES FOR FISCAL YEARS 2023-24 THROUGH 2025-26, IN AN
AMOUNT NOT TO EXCEED $90,000, WITH THE OPTION OF THREE,
ONE-YEAR RENEWALS
CEQA: Not a Project
Recommendation: Approve
SUMMARY
The current contract for the Arcadia Police Department’s gun range maintenance services
is due to expire on June 30, 2023. To procure a new contract by the beginning of Fiscal
Year 2023-24, a Request for Proposals (“RFP”) for gun range maintenance services was
issued. As a result of the RFP, the lowest responsive bidder is Gun Range Maintenance
Services, LLC. It is recommended that the City Council approve and authorize the City
Manager to enter into a Professional Services Agreement with Range Maintenance
Services, LLC for Fiscal Year 2023-24 to Fiscal Year 2025-26, in the amount not to
exceed $90,000 over three years, with an option to renew for three additional one-year
periods.
BACKGROUND
The Arcadia Police Department’s gun range, also known as a firearms range, is a 4,500
square foot indoor training facility. The gun range is available 24 hours per day, seven
days per week and is only for use by law enforcement agencies. The facility’s main
purpose is to provide a climate controlled indoor range for Arcadia Police officers who are
required to complete periodic firearms trainings; however, it is also used for training
purposes by neighboring law enforcement agencies. The five-lane, 50-yard facility is
equipped with a variable lighting system, targeting system, ready room for weapon
cleaning and preparation, observation area, armory storage room, and training
classroom.
Range Maintenance Services, LLC – Gun Range Maintenance Services
May 2, 2023
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It is imperative for the Department to keep its gun range facility clean and safe. The City
must protect its employees and patrons from lead and gaseous pollutants, which are
common dangers of an indoor gun range. To protect the health of all gun range users and
preserve the condition of the facility, Arcadia’s gun range undergoes a series of four
maintenance services: monthly air filter replacements; biannual filter replacements;
annual high-efficiency particulate air (“HEPA”) filter replacements; and an annual Gran
Bullet Trap maintenance service. The Department maintains a Professional Services
Agreement with a contractor to provide these gun range maintenance services.
DISCUSSION
Currently, the Department has a contract with Gun Range Maintenance Services, LLC
that is due to expire on June 30, 2023. To procure a new contract by the beginning of
Fiscal Year 2023-24, an RFP was issued on February 6, 2023. After a two-week
submission period, for which a Notice Inviting Proposals was published two times in the
Arcadia Weekly, two gun range maintenance services proposals were received, with one
from Range Maintenance Services, LLC, and the other from HCI Environmental &
Engineering. A committee comprised of four City staff members convened to review and
rate the proposals using a 100-point evaluation system. The proposals were evaluated
according to thoroughness and understanding of work, related experience, references,
quality of proposal, and costs. Figure 1.1 is a summary of the average scores and final
rank.
Figure 1.1 – Average Scores for Gun Range Maintenance Services Proposals
As shown in the table above, Range Maintenance Services, LLC received the highest
score. Range Maintenance Services, LLC has been maintaining and servicing gun ranges
for law enforcement agencies since 1997. The company has been servicing the Arcadia
Police Department’s gun range for about 14 years and performs all work in accordance
with all applicable South Coast Air Quality Management District (“SCAQMD”), U.S.
Department of Transportation (“USDOT”), Environmental Protection Agency (“EPA”),
Department of Toxic and Substance Control (“DTSC”), and California Occupational
Safety and Health Administration (“CAL-OSHA”) rules and regulations. Other law
enforcement agencies that use their services include Santa Clara Police Department, El
COMPANY
NAME AND
HEADQUARTERS
LOCATION
THOROUGHNESS &
UNDERSTANDING OF
SCOPE OF WORK
RELATED
EXPERIENCE REFERENCES PROPOSAL QUALITY
SUB
TOTAL
COST
PROPOSAL
GRAND
TOTAL
(1) Range
Maintenance
Services, LLC 25 20 15 10 70 20 90
(2) HCI
Environmental &
Engineering 20 15 15 15 65 10 75
Range Maintenance Services, LLC – Gun Range Maintenance Services
May 2, 2023
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Segundo Police Department, Berkeley Police Department, Santa Cruz Police
Department, Daly City Police Department, and San Francisco Police Department. In
addition to its superior customer service, the company is providing the City with significant
cost savings compared to its competitors. The company’s cost proposal was the lowest
of the two bids at $29,880.45 per year. The total cost breakdown is as follows:
• Monthly Air Filter Replacement - $632.50 per service
o 12 services per year = $7,590.00
• Biannual Filter Replacements - $2,235.60 per service
o 2 services per year/every 6 months = $4,471.20
• Annual HEPA Filter Replacements
o 1 service per year = $7,296.75
• Annual Gran Bullet Trap Maintenance
o 1 service per year = $7,762.50
• Insurance Cost
o Annual Cost $1,696.25
• Worker’s Compensation
o Annual Cost $1,063.75
Total cost = $29,880.45
Under the agreement, Range Maintenance Services, LLC shall comply with all applicable
Minimum Standards specified by all applicable Federal and State requirements, laws,
rules, and regulations. Services would include all required supervision, labor, tools,
clothing, associated equipment, and material needed to effectively and efficiently perform
all duties required of the gun range maintenance. The contractor is also duly licensed in
accordance with all gun range/shooting industry requirements for the State of California.
The company will perform gun range maintenance services for the Arcadia Police
Department as detailed in the Scope of Services section of the City’s Professional
Services Agreement.
Overall, Range Maintenance Services, LLC is a qualified firm that has the experience to
provide long-term services to the City. Therefore, it is recommended that the City Council
approve a three-year contract with Range Maintenance Services, LLC for Fiscal Year
2023-24 to Fiscal Year 2025-26, in an amount not to exceed $90,000, with an option to
renew for three additional one-year periods.
FISCAL IMPACT
The first-year cost ($29,880.45) has been budgeted in the City’s FY 2023-24 Operating
Budget. Years two and three will be included in their respective operating budgets for FY
2024-25 and FY 2025-26.
Range Maintenance Services, LLC – Gun Range Maintenance Services
May 2, 2023
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RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a
project and is, therefore, exempt under the California Environmental Quality Act
(“CEQA”); and approve a Professional Services Agreement with Range Maintenance
Services, LLC for Gun Range Maintenance Services for Fiscal Years 2023-24 through
2025-26, in an amount not to exceed $90,000, with an option of three, one-year renewals.
Attachment: Proposed Professional Services Agreement
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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT REGARDING
GUN RANGE MAINTENANCE SERVICES
This Agreement is made and entered into as of ________________, 20____ by and
between the City of Arcadia, a municipal corporation organized and operating under the laws of
the State of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 (“City”), and Gun Range Maintenance Services, LLC, a limited liability
corporation with its principal place of business at 303 McCloud Avenue, Mt. Shasta, CA 96067
(hereinafter referred to as “Consultant”). City and Consultant are sometimes individually
referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A.City is a public agency of the State of California and is in need of professional
services for the following project:
GUN RANGE MAINTENANCE SERVICES
(hereinafter referred to as “the Project”).
B.Consultant is duly licensed and has the necessary qualifications to provide such
services.
C.The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.Services.
Consultant shall provide the City with the services described in the Scope of
Services attached hereto as Exhibit “A"
2.Compensation.
a.Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B.”
b.In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of ninety thousand dollars and zero cents
($90,000.00) over a three year period. This amount is to cover all printing and related costs,
and the City will not pay any additional fees for printing expenses. Periodic payments shall be
made within 30 days of receipt of an invoice which includes a detailed description of the work
performed. Payments to Consultant for work performed will be made on an annual basis.
3.Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
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with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4.Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5.Term.
The term of this Agreement shall be from July 1, 2023, to June 30, 2026, unless earlier
terminated as provided herein. The Parties may, by mutual, written consent, extend the term of
this Agreement if necessary to complete the Project. Consultant shall perform its services in a
prompt and timely manner within the term of this Agreement and shall commence performance
upon receipt of written notice from the City to proceed (“Notice to Proceed”).
6.Delays in Performance.
a.Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b.Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7.Compliance with Law.
a.Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b.If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c.If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8.Standard of Care
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Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9.Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10.Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11.Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a.Commercial General Liability
(i)The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii)Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1)Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii)Commercial General Liability Insurance must include coverage
for the following:
(1)Bodily Injury and Property Damage
(2)Personal Injury/Advertising Injury
(3)Premises/Operations Liability
(4)Products/Completed Operations Liability
(5)Aggregate Limits that Apply per Project
(6)Explosion, Collapse and Underground (UCX) exclusion
deleted
(7)Contractual Liability with respect to this Agreement
(8)Property Damage
(9)Independent Consultants Coverage
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(iv)The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v)The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi)The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b.Automobile Liability
(i)At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii)Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii)The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv)Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c.Workers’ Compensation/Employer’s Liability
(i)Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii)To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
d.Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
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shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
e.Minimum Policy Limits Required
(i)The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii)Defense costs shall be payable in addition to the limits.
(iii)Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f.Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s
equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g.Policy Provisions Required
(i)Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
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during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii)The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii)The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv)All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v)The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h.Qualifying Insurers
(i)All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1)Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i.Additional Insurance Provisions
(i)The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
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(ii)If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii)The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv)Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j.Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12.Indemnification.
a.To the fullest extent permitted by law, Consultant shall defend (with
counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Consultant’s
services, the Project or this Agreement, including without limitation the payment of all damages,
expert witness fees and attorney’s fees and other related costs and expenses. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Consultant, the City, its officials, officers, employees, agents, or volunteers.
b.To the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant’s obligations under the above indemnity shall be limited to
claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to
defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design
professional services” (as that term is defined under Civil Code section 2782.8), then upon
Consultant obtaining a final adjudication that liability under a claim is caused by the comparative
active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in
proportion to the established comparative liability of the City and shall not exceed the
Consultant’s proportionate percentage of fault.
13.California Labor Code Requirements.
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a.Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction,
alteration, demolition, installation, or repair, Consultant agrees to fully comply with such
Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials,
officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or
interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It
shall be mandatory upon the Consultant and all subconsultants to comply with all California
Labor Code provisions, which include but are not limited to prevailing wages (Labor Code
Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5),
certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code
Section 1777.1).
b.If the services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing
such services must be registered with the Department of Industrial Relations. Consultant shall
maintain registration for the duration of the Project and require the same of any subconsultants,
as applicable. This Project may also be subject to compliance monitoring and enforcement by
the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements.
c.This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of Industrial Relations against Consultant or any
subcontractor that affect Consultant’s performance of services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Consultant or any subcontractor.
14.Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15.Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
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shall be brought in a state or federal court situated in the County of Los Angeles, State of
California.
16.Termination or Abandonment
a.City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b.Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
18.Organization
Consultant shall assign Jayden Aragon as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
20.Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21.Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Chief of Police
CONSULTANT:
Range Maintenance Services, LLC
303 McCloud Avenue
Mt. Shasta, CA 96067
Attn: Donna Foggiato
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and shall be effective upon receipt thereof.
22.Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23.Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24.Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25.Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26.Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
27.Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28.Time of Essence
Time is of the essence for each and every provision of this Agreement.
29.City’s Right to Employ Other Consultants
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City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30.Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term o f this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF ARCADIA [INSERT NAME OF CONSULTANT]
By: By:
Dominic Lazzaretto Signature
City Manager
Date: Its:
ATTEST: Printed Name
By: Date:
City Clerk
APPROVED AS TO FORM By:
Signature
By: Its:
Michael J. Maurer
City Attorney
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EXHIBIT "A"
Scope of Services
The consultant shall provide services to include all required supervision, labor, tools, clothing,
associated equipment, ever word yes and material needed to effectively and efficiently perform
all duties required of the gun range maintenance project including, but not limited, to any
mandatory staff training.
Consultant shall comply with all applicable Minimum Standards specified by all applicable
Federal and need to and state requirements, laws, rules, and regulations, whether now in effect,
hearing after affected are implemented as applicable to the Arcadia Police Departments gun
range in the future.
Consultant will maintain proper licenses in accordance with all gun range/shooting industry
requirements for the state of California. The gun range maintenance services provided by
consultant under these specifications shall be on the highest possible caliber.
1.RESPONSIBILITIES/SCOPE OF SERVICES
I.STAGE 1 - Monthly Air Filter Replacements
Frequency: One time per month (12 times a year)
•Estimated one (1) day of work.
•Remove nine (9) Pre-Filters from Air Handler.
•Remove six (6) 24” x 24” x 2” FP Mini Pleat Filters with RCRA D008 Lead Solids
from Air Handler package.
•Remove three (3) 12” x 24” x 2” FP Mini Pleat Filters with RCRA D008 Lead
Solids from Air Handler package.
•Have hazardous waste company remove the filters from premises.
•Install six (6) 24” x 24” x 2” FP Mini Pleat Filters.
•Install three (3) 12” x 24” x 2” FP Mini Pleat Filters.
•Install nine (9) Pre-Filters.
II.STAGE 2 - Biannual Filter Replacements
Frequency: Every 6 months
•Estimated one (1) day of work.
•Remove six (6) 24” x 24” x 2” FP Pre-Filters with RCRA D008 Lead Solids from
Air Handler package.
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•Have hazardous waste company transport and dispose of fifty-five (55) gallon
drum.
•Install six (6) 24” x 24” x 2” FP Pre- Filters.
III.STAGE 3 - Annual HEPA Filter Replacements
Frequency: Every 12 months
•Estimated one (1) day of work
•Remove six (6) 24” x 24” x 11 ½ “ FP HEPA Filters with RCRA D008 Lead Solids
from Air Handler package.
•Remove three (3) 12” x 24” x 11 ½” FP HEPA Filters with RCRA D008 Lead
Solids from Air Handler package.
•Have hazardous waste company remove the filters from premises.
•Install six (6) 24”x 24” x 11 ½” FP HEPA Filters.
•Install three (3) 12” x 24” x 11 ½” FP HEPA Filters.
IV.Annual Gran Bullet Trap Maintenance
Frequency: Every 12 months
The following mining actions are required to extract lead from the rubber material:
•Estimated total of three (3) days to separate the rubber material from the bullet
material for re-packing the Bullet Trap with the recycled material.
•Start raking at the 10 ft. peak base of the Bullet Trap to clean out shotgun wads.
Bag and dispose.
•Commence to mine the rubber, copper jackets/bullet material from the center hot
spot areas of all five (5) point impact areas of the Bullet Trap. Mining depth of
mixed material will vary from fourteen inches (14”) to sixteen inches (16”) deep.
Outside of the hot spots, mining will vary from twelve inches (12”) to fourteen
inches (14”) of mixed material.
•All material will be positioned in a row in front of the Bullet Trap. There should be
approximately thirteen (13) to fifteen (15) cubic yards of material extracted from
the twenty-seven-foot (27’) x twelve foot (12’) 5 pt. Bullet Trap area, using a gran
trap vacuum to separate bullets and agitate unburned gun powder.
•At least 90% cleanout is expected from the entire trap.
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•Use a Gran Trap Vacuum to separate bullet material from the rubber trap
material. The vacuum machine should blow the rubber back into the Bullet Trap
through a series of six-inch (6”) duct pipes then leaving the lead material on the
floor to be shoveled into one gallon containers for transportation.
•Replenish hopper in the upper part of the Bullet Trap buy utilizing the trap
vacuum.
•Shovel and rake rubber media to re-create factory specification sloped angle for
Bullet Trap.
•Use bags of rubber material to insure proper angle. (Contractor to purchase and
provide)
•Apply fire retardant to rubber berm material.
•Remove and properly dispose of bullet material from premises.
•Clean range of any lead residue from walls, baffles, tracks, floors and ceilings.
•Seal off evacuation vents to prevent packing the filtration system during mining
process.
•Replace filtration filters as necessary and clean electronic monitoring system.
Product Needs;
The Department currently utilizes the following products for maintenance of the gun
range. Consultant shall procure products of the same quality and specifications.
FILTER LIST
Size: 12” x 24” x 2”
Company: Filtration Group
Part #: 21131
Description: Pleated Filter
Size: 24” x 24” x 2”
Company: Filtration Group
Part #: 10391
Description: Pleated Filter
Size: 24” x 24” x 11 ½“
Company: Flanders
Part #: F0610908
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Description: HEPA Filter
Size: 12” x 24” x 11 ½”
Company: Filtration Group
Part #: 51675
Description: HEPA Filter
2.TRAINING
Contractor, at its own cost, shall train all its employees on gun range maintenance
services and all related State and Federal Regulations, rules, laws, policies, and
procedures prior to being assigned for service in the City.
Additionally, and as needed, Contractor shall provide retraining and continuing
education for contract employees.
3.STAFFING AND SUPERVISION OF STAFFING
The successful Proposer must always maintain, an adequate number of qualified
personnel to perform the gun range maintenance services specified in this RFP.
All Contract employees shall be:
•At least eighteen (18) years of age.
•Physically and mentally capable of performing duties related to gun range
maintenance duties.
•Neat and well groomed.
•Have the ability to give and follow oral and written instructions in the English
language.
•Have the ability to establish and maintain effective working relationships with the
public and City personnel.
•Be in possession of valid permits, licenses, and certifications required for the
performance of job-related duties at the time of execution of the Agreement.
•Be able to legally, safely, and properly operate necessary equipment and tools
related to gun range maintenance services.
•Have the ability to operate motor vehicles and walk for several hours; the ability
to sit, stand, walk, kneel, crouch, stoop, squat, crawl, twist, climb, and lift fifty (50)
pounds; and exposure to heat, noise, outdoors, confining work spaces,
chemicals, mechanical hazards, and electrical hazards.
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•Shall have taken and passed a developed reference check, a drug screening
test, and undergone a medical examination to determine fitness to perform
assigned duties.
•Shall have undergone a criminal history check in order to determine that contract
employee possesses no felony criminal convictions. Misdemeanor criminal
convictions will be reviewed by the City on a case by case basis for acceptability.
•Shall have the ability to remain calm and use good judgment and initiat ive in a
confrontational or emergency situation.
•Shall be capable of acting in the utmost professional manner when interacting
with customers and the general public.
Expectations for Professional Behavior of Contract Employees:
•Contractor shall be responsible for the conduct, demeanor and appearance of its
employees while in the City or while acting in the course and scope of
employment.
•While in the City or while acting in the course and scope of employment, all
employees of the Contractor shall be neat and clean and shall act in a courteous
and professional manner. No employee shall use improper language or act in a
loud, offensive, or otherwise improper manner.
•Contract employees are trained as to the purpose of their positions and the
importance of performing their job duties according to the City’s operating
instructions.
•All contract employees shall always be polite and courteous in their dealings with
the City, treating every person with care and respect.
•All contract employees are to be attentive, alert, and responsive to all customer
service issues, needs, comments or complaints.
•All contract employees must speak clearly and in a professional manner while
interacting with City officials and when offering the assistance needed.
Supervision
Contractor is wholly responsible for the supervision of contract employees and
administration of the contract to the satisfaction of the City. Contractor shall be
responsible for providing competent personnel to assist the City with its gun range
maintenance services needs. Contractor shall be solely responsible for selecting,
hiring, employing, paying, supervising, training, and discharging its personnel.
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Additionally, Contractor must ensure staffing to ensure that all service requests are filled
in accordance with the response time requested. In emergency situations, response
time to reply to communication is not to exceed twenty -four (24) hours. Contractor will
work with the Department to establish service dates. Contractor is also responsible for:
performance evaluations of contract employees, conduct disciplinary action against
contract employees, and handle processing for all payroll and benefits allowances for its
employees.
Contractor shall ensure that at least one (1) supervisory level employee having
decision-making authority with regard to gun range maintenance services is available to
the City by mobile phone twenty-four (24) hours a day, seven (7) days a week.
The Chief of Police, or his designee, maintains approval rights for the appointing of all
gun range maintenance services positions. The City reserves the right to request that a
contract employee be replaced at any time without cause.
4.SCHEDULING REQUIREMENTS
Contractor will fill any absence or vacancy immediately to ensure that minimum staffing
is retained at all times and frequency requirements are met.
Contractor will work with Arcadia Police Department staff to schedule service times, and
provide service within a reasonable time frame. Contractor will perform duties during a
set window of normal business hours: Monday-Friday, 7:00 am – 5:00 pm.
5.EQUIPMENT
Contractor shall have available for its own use, gun range maintenance services tools,
equipment, and material to perform the work as specified in the Scope of Services of
this RFP. Contractor shall be readily available to help solve the City’s gun range
maintenance problems and provide recommendations when needed.
Contractor will be financially responsible for all lost or damaged City property caused by
Contractor employees over the course of the Agreement.
Vehicles. Contractor is responsible for supplying its transportation requirements .
including vehicles for use in the performance of its gun range maintenance duties.
•Contractor shall pay for all associated vehicles costs including but not limited to
gasoline and maintenance.
•All vehicles used by Contractor in its performance of this Agreement shall:
o Be clearly identified as performing gun range maintenance services.
o Be operated at all times in compliance with all state and local motor
vehicle laws.
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o Contractor is responsible for the cleanliness, repair, and replacement of all
vehicles used in the performance of this Contract.
6.BILLING AND RECORDS
The billings for all services rendered pursuant to the Agreement shall be submitted
monthly, based upon the services rendered at the time of the submission, to City by
Contractor, and shall be paid by the City within forty-five (45) days after receipt of same.
The successful Proposer shall be responsible for maintaining all related records in
compliance with all County and State regulations and inspections. All such records will
become, and will remain, the property of the City of Arcadia.
7.CITY OF ARCADIA RIGHTS
The City retains the following rights:
The right to request that Consultant respond to communication in a timely manner (not
to exceed twenty-four (24) hours) and provide services within a reasonable time frame.
The right to demand additional information and reports, including, but not limited to
drug-screening reports, as may be permitted by law.
The right to approve or disapprove of any new hire assigned to the Contract.
The right to withdraw the enforcement authority of any contract employee, either
permanently or temporarily, when such action is in the best interests of the City, and the
right to replace any contract employee when his/her continued employment is
detrimental to the best interests of the City.
The right to approve or disapprove any invoice.
8.CITY SUPERVISION
The City’s Chief of Police, or his designee, shall have the right of general supervision of
all work performed by Contractor and shall be the City’s agent with respect to obtaining
Contractor’s compliance hereunder. No payment for any services rendered under the
Agreement shall be made without prior approval of the Chief of Police, or his designee.
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EXHIBIT "B"
Schedule of Charges/Payments
Consultant shall bill the City for each project (according to the specified schedule of services)
according to the following cost breakdown on an annual basis at an annual cost of $29,880.45
and a total not to exceed $90,000 over the first three-year term.
•Monthly Air Filter Replacement - $632.50 per service
o 12 services per year =$7,590
•Biannual Filter Replacements - $2,235.60 per service
o 2 services per year/every 6 months =$4,471.20
•Annual HEPA Filter Replacements
o 1 service per year =$7,296.75
•Annual Gran Bullet Trap Maintenance
o 1 service per year =$7,762.50
•Insurance Cost
o Annual Cost $1,696.25
•Worker’s Compensation
o Annual Cost $1,063.75
Total cost = $29,880.45
.
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EXHIBIT "C"
Activity Schedule
Consultant shall provide the activity as listed in Exhibit "A."
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EXHIBIT "D"
Federal Requirements
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