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Home My WebLink AboutHCI ENVIORNMENTAL & ENGINEERING SERVICEDocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 INSURANCE NOT ON FILE h WORK MAY NOT PROCEED CLERK OF COUNCIL AGREEMENT WITH HCI ENVIRONMENTAL DATE: FOR GUN RANGE CLEANING SERVICES A-2022-074 SOre�nso�) THIS AGREEMENT is made and entered into this 17`I' day of May, 2022 by and between HCI (Cwt. Environmental & Engineering Services, ("Consultant"), and the City of Santa Ana, a charter city rA_ and municipal corporation organized and existing under the Constitution and laws of the State of California ("City,"). RECITALS A. On February 3, 2022, the City issued a Request for Proposal #22-020 ("RFP") seeking proposals from qualified firms and organizations to provide the Santa Ana Police Department with range cleaning services for two indoor firearm ranges and a water ballistic tank located at the police station. B. Consultant submitted a timely proposal which was selected by the City. Consultant represents that it is able and willing to provide such services to the City and the proposal shall be incorporated by reference to this Agreement, as though fully attached hereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $203,364. The sum of this amount includes the base amount of $184,876 for services and a 10% contingency amount of $18,488 for additional services to be performed at the sole discretion of the City. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 9 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 3. TERM This Agreement shall commence on June 1, 2022, and continue for a three (3) year term until May 31, 2025, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetuaLlicense for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in comlection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, Page 3 of 9 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or thebeginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 of 9 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-132734E26704 Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City,.its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indenmity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the teens of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees, to exercise the same degree of care it uses to protect its. own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 DocuSlgn Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with'or by reason of this Agreement. I 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: David Valentin Chief of Police City of Santa Ana 60 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax:714-245-8190 To Consultant: HCI Environmental & Engineering Services Attn: Gregory J. Parker, President/CEO 114 Business Center Drive Corona, CA 92880 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 8 of 9 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 A-2022-074 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Imuy4IIU V 1- -Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: David m of of Police CITY OF SANTA ANA Krrstine Ridge City Manager CONSULTANT: EDocuSigned by- dF9f1➢5p51 ipFEFB Gregory J. Parker President/CEO Page 9 of 9 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 EXHIBIT A SCOPE OF SERVICES DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 Exhibit A CITY OF SANTA ANA EXHIBIT 1 SCOPE OF SERVICES Scope of Services A contractor hired pursuant to this RFP shall be responsible for: A. The work covered by this section includes the wet wipe down of items and materials containing lead contaminated dust. Handling of lead contaminated dust which is encountered during the cleanup activities includes, but is not limited to interior brick walls and wall attachments (electrical conduits/ panels, sound proofing wall and ceiling panels), HVAC exhaust ducts, and the incidental procedures and equipment required to protect workers and occupants of the building, or both, from contact with airborne lead dust and fallen dusts containing lead. The work also includes the proper disposal of the removed Lead contaminated dust at an approved disposal site according to current Federal, State, Regional, or Local regulations that apply. B. The contractor shall supply all labor, materials, equipment, service, insurance and incidentals which are necessary or required to perform the work. The work shall be performed in accordance with applicable governmental regulations and these specifications. C. The contractor's employees must have completed the May Lead Worker certification course as required by the California Department of Health Services (CDPH), Title 17, CCR, Section 35001-35050 and Sections 36000-36100. The CDPH Supervisor and Worker training certificates and CDPH current picture identification cards shall be provided to the City. Note: HAZWOPER Certification is NOT sufficient to meet this requirement. D. The Contractor will be responsible for all medical monitoring before and after service in accordance with applicable laws and regulations including without limitation OSHA 29 CFR 1910.1025 and Title 8, CCR 1532.1. E. The Contractor will be responsible for all environmental and health and safety monitoring including without limitation conducting personal breathing zone monitoring (pursuant to 8 CCR 1532.1 and 5155 Table AC-1) and supply a copy of the results and all required disposal tests. F. All waste will be considered to be lead hazardous waste and handled as such according to Title 22, California Code of Regulations. Any reclaimed brass shall have to be transported with a Lead Hazardous Waste manifest (unless the brass is sufficiently cleaned on site so as not to have any loose lead -dust) and delivered to a California Department of Toxic Substances and Control (DTSC) approved recycler; the stated recycler shall send a receipt of receiving the materials to the City before payment for the job will be rendered. G. The contractor will be responsible for the removal as specified and the storage, transportation and disposal of all Lead materials removed from surfaces as well as all removed components in the affected area. H. This lead specification is general in scope to cover conditions that most often occur. However, the contractor is bound only by the applicable portions of the specification. Additional or specific instructions to the contractor may be added as part of the Scope of Work. In such cases, the contractor is bound by those special provision or requirements. RFP No. 22-020 RANGE CLEANING SERVICES Page 18 of 38 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 9 CITY OF SANTA ANA II. Contractor Qalifications The contractor must: A. Be licensed by the State of California to engage in the removal and disposal of hazardous waste. B. Ensure that employees wear appropriate personal protective equipment (PPE). At a minimum, a half -face APR with P-100 filters, gloves, and disposable suits, commonly known as Level C PPE. C. All workers who will or may come in contact with lead wastes/dusts shall be CDPH certified, have medical clearance to work around lead and to wear a respirator and have proof of current respiratory training and fit -testing. D. Assure that all used filters, vacuum bags containing spent lead; decontamination supplies, used PPE, and any other waste are packaged properly as lead -contaminated waste. E. Prepare hazardous waste manifests. F. Assure that all hazardous waste items are picked up and disposed of by a licensed hazardous waste transporter. G. Observe all Federal, State, and local laws, ordinances, regulations and prohibitive orders governing lead removal and shooting ranges. H. By submission of their bid, certify that they are aware of, and will comply with all such laws, regulations, and prohibitive orders. I. Perform general background checks on any employees or subcontractors that will have access to the shooting range. J. If awarded the contract, provide verification of background checks on employees or subcontractors that will have access to the shooting range. K. Use the City of Santa Ana's EPA identification number for the Police Facility located at 60 Civic Center Plaza, Santa Ana CA 92701. III. Contractor Responsibilities Tasks the awarded Contractor shall be responsible for include, but are not limited to the following: A. This specification covers the wet wipe down of lead contaminated dust as defined below: a. COMPONENT/SUBSTRATE i. Rubber material & bullets that are captured within the rubber ii. Lead contaminated dust and bulk debris b. LOCATION i. Upper range backstop & catch basin ii. Lower range backstop & catch basin iii. Upper range lanes iv. Lower range lanes v. Upper range shooting stations vi. Lower range shooting stations vii. Range patrQI vehicle training prop viii. Range Master office ix. Weapons cleaning room x. Corridor xi. HVAC units xii. Duct work Ventilation system within the gun range and work area xiii. Upper level restroom xiv. Lower level restroom RFP No. 22-020 RANGE CLEANING SERVICES Page 19 of 38 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 1 CITY OF SANTA ANA c. BALLISITC FIRING TEST TANK (LOCATED IN FORENSIC BAY) i. Approximatley 275 gallon metal ballistic tank where firearms are shot into liquid, making it able to collect the projectile. d. LEAD DUST CLEANUP I. Decontamination of all surfaces inside negative pressure containment created by HEPA filtered negative air machines and using a HEPA vacuum and wet cleaning agents to remove Lead dust & bulk debris from the work area shall be conducted quarterly. e. RECLINNING RUBBER BULLET TRAP MAINTENANCE i. Contractor shall complete the separation of the rubber material from the lead material and re -packing the Bullet Trap/ Hopper with recycled rubber material within (3) consecutive business days. ii. Contractor shall extract lead from the rubber material using removal techniques that shall ensure all decontamination procedures are in compliance with CAL OSHA and EPA 22CCR66015 Hazardous Waste Control Law. iii. Contractor to shovel and rake rubber media to re-create factory specification slope angle for the bullet trap. iv. Contractor to use extra bags of rubber material to insure proper angle. v. Contractor to apply a surface coat of fire retardant powder over rubber media. vi. Contractor shall clean lead contaminated equipment on the indoor firearm range. vii. Contractor shall remove bullet material from premises. viii. Contractor shall post signs (required by 8CCR526) visible upon entering the indoor firearm range that states: "DANGER LEAD WORK AREA MAY DAMAGE FERTILITY OR THE UNBORN CHILD CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM DO NOT EAT, DRINK OR SMOKE IN THIS AREA" ix. Contractor shall provide all equipment necessary to complete the job in accordance with all State and Federal Occupational Safety and Health Administration (OSHA) Regulations Standards- 29 CFR- lead 1910.1025, and National Institute for Occupational Safety and Health (NIOSH) Personal Protective Equipment (PPE) guidelines. This will include using a vacuum with high efficiency particulate abatement (HEPA) and protective equipment and a HEPA negative pressure air machine; the HEPA vacuum (if used outside a negative pressure containment) and the negative air machines used to create a negative air pressure containment, shall be certified by SCAQMD. f. VENTILATION SYSTEM FILTER CHANGE & DISPOSAL Filters will be provided by the City. Filter type, quantity, and frequency of change below: RFP No. 22-020 RANGE CLEANING SERVICES Page 20 of 38 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 ' CITY OF SANTA ANA _ e 15 (total weight 10- 15lbs) Quarterly 60 Fresh Air Filter Pleated 24 in X 24 in X 2 in (No lead- normal disposal) Upper Range Pre- Filter- Lead Pleated 24 in X 24 in X 4 in 10 (Weight about 15 Ibs) Quarterly 40 Supply Unit cant. Bag/pocket 24 in X 24 in X 1 in metal 10 (Total weight about 10-12 Bi-annually 20 Filter- Lead frame ext to 12 in in use Ibs) HEPA Filter 24 in X 24 in X 12 in 10 (Total weight about 350- Annually 1 mostly metal and heavy 400 Ibs) Upper Range Pre- Filter Pleated 24 in X 24 in X 4 in 2 - 5lbs Quarterly 4 Exhaust Pleated 24 in X12 X4 2 - 5lbs 4 Unit Bag Filter 24 in X 24 in X 1 in frame 2 - 5lbs Bi-annually 2 extend to 12 in in use 2 - 5lbs 2 24 in X 12 in X 1 in frame extend to 12 in HEPA Filter 24 in X 24 in X 12 in 2 (Total weight about 80 to Annually 2 mostly metal and heavy 100 Ibs) 2 24 in X 12 in X 12 in 2 (Weight about 50-60 Ibs) Lower Range Pre- Filter- Lead Pleated 24 in X 24 in X 4 in 10 (Weight about 15 Ibs) Quarterly 40 Supply Unit cont. Bag/pocket 24 in X 24 in X 1 in metal 10 (Total weight about 10-12 Bi-annually 20 Filter- Lead frame ext to 12 in in use Ibs) HEPA Filter 24 in X 24 in X 12 in 10 (Total weight about 350- Annually 1 mostly metal and heavy 400 Ibs) Lower Range Pre- Filter Pleated 24 in X 24 in X 4 in 2- 5lbs Quarterly 4 Exhaust Pleated 24 in X 12 in X 4 in 2- 5lbs 4 Unit Bag Filter 24 in X 24 in X 1 in frame 2- 5lbs Bi-annually 2 extend to 12 in 2- 5lbs 2 24 in X 12in X 1 in frame extend to 12 in HEPA Filter 24 in X 24 in X 12 in 2 (Total weight about 80 to Annually 2 24 in X 12 in X 12 in 100lbs) 2 2 (Weight about 50-601bs) RFP No. 22-020 RANGE CLEANING SERVICES Page 21 of 38 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 ( A 4 CITY OF SANTA ANA IV. RANGE CLEANING ANNUAL ROTATION Upper and lower ranges shall be cleaned in an annual rotation. Only the upper range year one, both upper and lower ranges year two, only the upper range year three, and in same rotation in any one year contract extension. V. WORK PROCEDURE All Lead removal work must be performed in accordance with Federal, State, Regional, and local regulations. The following procedures, such as but not limited to, that are known to control the release and spreading of lead dust must be utilized at all times: A. Wet removal procedures utilizing de -lead solutions. B. Protective clothing must be worn where workers are in contact with Lead dust to prevent spread of contamination. C. Eating, drinking and smoking are prohibited in lead regulated areas. D. Negative air containment to enclose the lead dust removal operations. E. Housekeeping: All surfaces shall be cleaned to acceptable clearance levels as free as practicable of accumulations of lead. Clean change areas and showers shall be provided for workers whose exposure exceeds the PEL. Adequate, such as floors will be 5200 ug/ ft2 or lower as mandated by Cal -OSHA and/or Cal/Fed EPA; hand -washing and shower facilities shall be available and utilized for all activities involving lead. Post all Cal -OSHA mandated employer bulletin boards and postings, maintain a copy of all on -site worker certificates (lead training, CDPH Course completion, medical approval to wear a respirator, annual fit -test results) and CDPH picture cards. VI. REMOVAL & CONTROL AREA (NEGATIVE PRESSURE ENCLOSURE/CONTAINMENT) For the interior removal of contaminated dust that contains lead. This method of lead control shall be used and the following procedures area required: A. Seal the openings [critical barrier] where release of lead could occur outside the work area with two (2) layers of 6-mil flame retardant poly secured with duct tape (Le. windows, doorways, HVAC systems, and any other openings). B. As directed by the consultant, utilization of negative air machines for total enclosures or for partial enclosures. C. Control measures are dictated by the amount of lead in the air [and or] by abatement activity. When the PEL may be exceeded, additional engineering controls, as stated in the OSHA lead construction standards, apply. VI I. DECOMTAMINATION AREAIWASTE LOAD -OUT A. Workers shall change clothes exclusively (i.e. dress and undress) within the clean room. If additional space is required for changing clothes, the contractor shall construct modestly rooms (if inside the building, use black polyethylene sheeting, if outside the building, use 1/2 " plywood, covered with 2 layers of 6 mil each poly sheeting). B. The worker decontamination enclosure system should exist independently of the facility but contiguous to the work area (i.e. building facilities such as toilets sinks and showers shall not be used in constructing the decontamination enclosure system). RFP No. 22-020 RANGE CLEANING SERVICES Page 22 of 38 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-132784E26704 .f. CITY OF SANTA ANA C. The worker decontamination area shall be under negative air pressure at all times. Additionally, the contractor shall provide sufficient quantities of make-up air to the work area (excluding mechanical ventilation). D. The contractor shall construct a waste load -out down station contiguous to the equipment room or work area. The waste load -out area shall be constructed with a minimum of two layers of 6-mil polyethylene sheeting and secured with duct tape. E. The contractor shall move all materials or equipment from the area through the waste load - out or equipment decontamination room according to the following sequence: a. The contractor shall establish air locks at the entrance to the waste load -out area. b. All ingress and egress from the waste load -out area shall take place between the work area's separate airlock and the wash down station. c. The workers shall thoroughly wet contaminated equipment and waste bags [double when necessary] in the work area and pass the equipment, bags into the wash room. After the workers pass the equipment, bags into the wash room, they shall repeat the wet cleaning and place the equipment into the second chamber of the waste load -out facility. All workers in the waste load -out facility shall wear full protective clothing and appropriate respiratory protection. If rented equipment is used, it must be completely decontaminated. Surface dust wipe tests may be necessary, double bagged and labeled. F. Lunch room & facilities: The contractor shall provide a separate place for the employees to eat and rest that is not contaminated with lead dust. Contaminated clothing and devices shall be prohibited from any eating lunch room area. G. Changes in the set-up of the containment, use of PPE or any other health and safety aspect of the cleaning protocol may only be completed with concurrence by the City's retained Certified Industrial Hygienist (CIH) who is also a CDPH Certified Project Monitor, Project Designer and Inspector/Assessor. The CIH shall also share all related changes or potential changes with the Police personnel assigned to oversee the cleaning and the City's Risk Manager, for their approval. Vill. CONTROLLING OFFSITE DISPOSAL The contractor must implement control measures to contain lead dust and debris within the work area including without limitation: A. Control and limit access to the lead work area. B. Limit tracking of dust and debris. C. Implement a program of ongoing cleanup. IX. CLEANUP AND AIR MONITORIING The contractor shall be responsible for implementing good work practices and engineering controls with the goal of not exceeding the OSHA established PEL during the preparation, removal and cleanup operations relating to lead. X. DISPOSAL OF HAZARDOUS WASTE All waste will be considered to be lead hazardous waste and handled as such. The contractor will be required to comply with Title 22, California Code of Regulations; California Department of Toxic Substances and Control (DTSC); and any other applicable Federal, State, Regional, or Local requirements. The contractor shall be responsible for the performance of all collection and analysis of generated lead waste for disposal. The Contractor will observe all sample RFP No. 22-020 RANGE CLEANING SERVICES Page 23 of 38 DocuSlgn Envelope ID'. 74323C10-2C91-4A83-86D2-1327B4E26704 CITY OF SANTA ANA collection and shall be provided copies of the sample analysis. This includes, but is not limited to TTLC and STLC/TCLP testing. A. As work progresses and to prevent exceeding available storage capacity on site, the contractor shall remove sealed and labeled containers of waste from the site, transport pursuant to DOT regulations and dispose of such containers at an authorized disposal site in accordance with applicable regulations. NOTE: Manifest receipt from the landfill will be required to acknowledge the receipt of lead - containing materials before payment for the job will be rendered. B. Lead painted metal adhered to components that does not exhibit any cracking, peeling, or flaking or any other delamination may be recycled. It is the contractor's responsibility to locate a metal recycling company who will accept the lead painted metal components. A signed letter indicating the knowledge of the lead painted metal components and acceptance by the recycling company must be submitted to the consultant prior to the transfer of the components off -site. It should be noted that lead painted materials are not anticipated to be a concern at this job site under this SOW. The following materials are examples of the waste stream that is anticipated during the Range Cleaning activities that are to be considered Hazardous Lead Waste in the State of California and possibly by RCRA. a) Shower waste water b) Dust from HEPA filter and from damps sweeping c) All lead adhered components removed from building. Like components should be tested together to reduce the potential for disposal as RCRA waste. d) Plastic sheets, duct tape, or tape used to cover the floors and other services during the leas dust & bulk debris removal. e) Solvents used during cleanup processes f) Liquid waste, such as wash water used to decontaminate components and liquid waste. g) Rags, sponges, HEPA filters, respirator cartridges, scrapers, and other materials used for testing, removal and cleanup. h) Disposable work clothes and respirator filters. i) Any other items contaminated with lead. XI. Waste Containers The contractor will comply with EPA and DOT regulations for containers. The contractor shall contact the stated and local authorities to determine their criteria for proper containerization of RCRA lead waste, California hazardous lead waste and non -hazardous lead waste. The more 'stringent regulations shall apply to the proper containerization of the identified lead waste. XII. Waste Transportation The contractor must be registered with the Department of Toxic Substance Control as a hazardous waste transporter in accordance with the provision of Chapter 6.5, Division 20 of the Health and Safety Code and Title 2222 of the California Code of Regulations, Division 4.5. Unless specifically exempted, hazardous waste transporters must comply with the California Highway Patrol regulations; the California State Fire Marshal regulations, and the United States Department Transportation regulations. RFP No. 22-020 RANGE CLEANING SERVICES Page 24 of 38 DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 CITY OF SANTA ANA If the contractor is not a certified hazardous waste transporter; a contract shall be entered into with a certified transporter to transport the waste. The contractor shall require the certified hazardous waste transporter to follow all applicable hazardous waste transportation regulations. Please note that the regulatory guidance issued by Waste Evaluation Department of Toxic Substance Control on lead painted building debris dated 06/13/94 is not a variance but a regulatory guidance and will not be interpreted as a variance from RCRA, Federal guidelines or HUD guidelines. XIII. FINAL INSPECTION AND TESTING A. After thoroughly cleaning of the work space and satisfactory degree of cleanliness has been achieved, the contractor shall notify the City or agent that the work area is ready for a final visual inspection. The City or agent and the contractor shall then visually inspect the work area for the detection of any visible lead dust or contamination. If the visual inspection does not reveal any dust or other signs of contamination the area is considered to be ready for lead clearance wipe testing. B. The City (i.e., their CIH/CDPH Lead Consultant) may perform random lead dust wipe surface sampling on the horizontal surface areas in accordance with the clearance requirements specified in the current HUD Regulations, which at the time of writing this RFP is _< 200 ug/ftz. RFP No. 22-020 RANGE CLEANING SERVICES Page 25 of 38 Ballistics Water Tank • HCI Environmental to provide lead certified workers, supplies and equipment. • Santa Ana Police Department personnel will lockout/tag out HVAC firing range units before work commences. • Pump approximately (275) gallons of RCRA lead liquid from Ballistic Firing Test Tank located in the warehouse.Y, • Wet wipe/mop concrete tank prYsing our proprietary de -lead solution. • Containerize all debris/waterforF;proper disposal as hazardous waste RCRA(D008). • Manifest, label, profile, trq"sport�and dispose of all lead contaminated water/.debris in U.N. approvO-6 containers to a•Statb;and Federally regulated disposal facility.O • We estimate the scope bf work toobe completed nF I working day with 2 techs. • Any areas of unseal porous.concret fjo ring=couul„'d require a concrete sealer to bring lead contamination down. to acceptaple.levels. • Any required concrete floor sever aped �,ylkl techs is not part of the bid and will require a change order. • Replace media filter for the filtration sy��tem of the tank, to be provided by the Santa Ana Police Department. • Labor for this project will be based on prevailing wages. • All lead remediation will be handled according to local, state and federal regulation. • Hazardous Waste transportation and disposal to include the following: 1-275 gallon tote and 55 gallon drum of Hazardous Waste Water/debris Lead Dust Clean Up • HCI Environmental to provide lead certified workers, and equipment to provide quarterly cleaning of ranges. • Santa Ana Police Department personnel will lockout/tag out HVAC firing range units before work commences. • Post lead warning signage and se" ontainment area with 6 mil poly plastic and seal all critical barriers. • HEPA vacuum and apply we, riga nts to remove lead dust & bulk debris from the following areas �a o Upper range bac stno = tch basin o Lower range baIotci basin o Upper range I o Lower range lanes.11�:., o Upper range shooting x tion o Lower range shootings bons o Range patrol vehicle trai Yo!it in range o Range master office _ o Corridor o HVAC units o Duct work ventilation system within the gun range and work area o Upper level restroom o Lower level restroom • Manifest, label, profile, transport, dispose and containerize lead contaminated water and debris in UN approved containers for transportation/disposal. • We estimate the scope of work to be completed in 1 working day with 2 techs. • Labor for this project will be based on prevailing wages. • All lead remediation will be handled according to local, state and federal regulation • Hazardous Waste transportation and disposal to include the following: 4-55g open top drums of lead contaminated debris/water. HAZMA£ TEAM www.hcienv.com wwwAcidecon.com Reclining Rubber Bullet Trap Maintenance Lead Mining • HCI Environmental to provide lead certified workers, and equipment to provide Annual leadmining of the firing ranges. o Year 1-Upper range only o Year 2-Upper and lower ra�te�s o Year 3-Upper range only >, • Santa Ana Police DepartmT t, p#er dh7l Will lockout/tag out HVAC firing range units before work commences: ' • Post lead warning sigrrz�aea ,rd poly plastic and seal a7fcYet up it al.bartier: • HCI Environmental sfta comp4eYe the lead material and re-packinq the3,bulle' • HCI Environmental shall ext techniques that shall ensure CAL OSHA and EPA Hazard • HCI Environmental to shovel area with 2 layers of 6 mil ibn'of the rubber material from the pper with recycled rubber material. rubber material using removal procedures are in compliance with )I law media to re-create factory specification slope angle for the bulletrap. • HCI Environmental will use extra bags of rubber material to unsure proper angle. • HCI Environmental to apply a surface coat of fire retardant powder over rubber media. • HCI Environmental shall clean lead contaminated equipment on the indoor firearm range. • HCI Environmental shall remove bullet material from premises. • Manifest, label, profile, transport and dispose and containerize lead contaminted waste in UN approved containers for transportation/disposal. • We estimate the scope of work to be completed in 5 working day with 4 techs for each range. • Labor for this project will be based on prevailing wages. • All lead remediation will be handled according to local, state and federal regulation • Hazardous Waste transportation and disposal to include the following: 4 Tri wall boxes lead contaminated debris 2-55g- open top metal drums for lead contaminated debris Ventilation System Filter Change & Disposal • HCI Environmental to provide lead certified workers, and equipment. • Santa Ana Police Department, personnel will lockout/tag out HVAC firing range units before work commences. • Post lead warning signage and set u containment area with 6 mil poly plastic and seal all critical barriers. • Remove lead contaminated TiltE!01*di? Pfirir seal in 6 mil poly bags. Manifest, label, profile, trat po in UN approved Tri Wa es fic trans .' , • Install new Pre and P��W "I � _ (p Ided firng rage ventilation m u. i s as . • We estimate the scoo f4'orksA • Labor for this project will be ed' • All lead remediation will be ha; lel regulation • Hazardous Waste transportation ai 4-Super Sacks of hazardous of non hazardous- NO LEAD range ventilation system units and nd containerize 6 mil poly bags Ana Police Department in ng day with 2 techs. as. al, state and federal o`sal to include the following: `-filters, debris, ppe and 2-Super sacks air filters. DocuSign Envelope ID: 74323C10-2C91-4A83-86D2-1327B4E26704 EXHIBIT B Rates - Compensation HAZMATTEAM www.hcienv.com www.hcidecon.com Cost Proposal 2022-2023 Ballistic Firing Test Tank...................................................................................... $4,998.15 per service Lead Dust Clean Up (Quarterly).............................................................. $2,900.00 per service Reclining Rubber Bullet Trap Maintenance (lead mining) .............................. $35,335.50 per service/per range Ventilation System Filter Change & Disposal....................................................... $5,125.50 per service Ballistic Firing Test Tank ...................................... Lead Dust Clean Up (Quarterly) ..................... Reclining Rubber Bullet Trap Maintenance (le d Ventilation System Filter Change & Disposal Total per service/range: $48,359.15 2023-2024 a ............... $5,150.00 per service ................. $2,990.00 per service ... „ .............. $36,395.55 per service/per range .............,' , .......... $5,290.25 per service 49 825.80 Ballistic Firing Test Tank ....................................................:. ....................... $5,305.50 per service Lead Dust Clean Up (Quarterly) .................................. ........................ $3,080.70 per service Reclining Rubber Bullet Trap Maintenance (lead mining)..........................g ... $36,460.40 per service/per range Ventilation System Filter Change & Disposal....................................................... $5,450.00 per service Total per service/range: $50,296.60 12155 Magnolia Ave., Ste. 4-C, Riverside, Ca 92503 C NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Hunter Consulting, Inc. Name: Project A-2022-074 Number: Project Agreement With HCI Environmental For Gun Range Cleaning Name: Services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE 22-23 Revised AUTOMOBILE LIABILITY H08883397001 11/30/2023 12/13/2022 COI - City of Santa Ana.pdf 22-23 Revised GENERAL LIABILITY G47375320001 11/30/2023 12/13/2022 COI - City of Santa Ana.pdf 22-23 Revised WORKERS COMPENSATION AND 924462622 11/30/2023 12/13/2022 COI - City of EMPLOYERS' LIABILITY Santa Ana.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1/10/2023 12:21 PM