OJACTION,.
TARGET
Action Target Inc.
c/o Chris Hart
3411 S. Mountain Vista Pkwy
Provo, Utah 84606
Tel: (801) 377-8033
Fax: (801) 377-8096
CONTRACT
(Domestic — Full Installation)
THIS CONTRACT ("Agreement") between Action Target Inc., a Delaware corporation ("ATI") and Customer (identified on this page below) (sometimes referred to as a "Party" or together as the "Parties") is effective as of the date signed by the Parties below (the "Effective Date") and includes the Attachments.
The Customer agrees to pay the amount stated below (the "Agreement Price") in the timeframe identified in this Agreement (which includes the attachments) plus any amounts resulting from Change Events. In exchange, ATI agrees to provide the labor, materials and/or equipment, and services (the "Work") identified in this Agreement.
"Customer":
Real Property Owner
("Owner"):
Project Description
("Project"):
Name: City of Placentia, a California Municipal Corporation Address: 401 E. Chapman Avenue
City/State/Zip: Placentia, CA 92870
Tel: 714-993-8120
Authorized
Agent:
Name:
Address:
City/State/Zip:
Name:
Street Address:
City/State/Zip:
Legal
Description:
Agreement Price: $709,350.00
Attachments:
AUTHORIZED:
ACTION TARGET INC.
Authorized Signature
Scott Wright, CFO
Printed Name and Title
Date of Authorization
Luis Estevez
Fax: 714-528-4640
Email: [email protected]
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Placentia Public Safety Center
2999 E. La Jolla Avenue
Anaheim, CA 92806
City Corporate Yard
Attachment 1 — Terms and Conditions
Attachment 1A — Consent to Arbitration
Attachment 2 — Customer and Project Information
Attachment 3 — Notice to Proceed and Approval of ATI
Final Drawings
Attachment 4 — Shipping Notice
ACCEPTED AND AGREED:
CUSTOMER:
Authorized Signature
Attachment 5 — Scope of Work
Attachment 6 — ATI Preliminary Drawings
Attachment 7 — Armoring
Attachment 8 — Core Products
Attachment 9 — Consumables
City of Placentia
Damien R. Arrula, City Administrator
Printed Name and Title
Date of Acceptance
Rev. 16 — April 20, 2020 Page 1 of 19
Rev. 16 — April 20, 2020
ATTACHMENT 1
TERMS AND CONDITIONS
SECTION 1. THE PARTIES AND DEFINITIONS. "Customer Parties" means Customer and its agents, partners, managers, shareholders, affiliates, assigns, predecessors, successors, licensees, invitees, tenants, architects, engineers, contractors, suppliers, sureties, insurance carriers or anyone directly or indirectly employed by any of them. "ATI Parties" means ATI and its agents, affiliates, assigns, successors, subcontractors, suppliers, sureties, insurers or anyone directly or indirectly employed by any of them.
SECTION 2. AGREEMENT DOCUMENTS. If any of the documents in this Agreement conflict with each other, the following order of priority applies to determine what governs: first, page 1 of the Agreement; second, these Terms and Conditions (Attachment 1); and third, the rest of the Attachments in their numerical order. If Customer tells ATI to do the Work, it means Customer has agreed to be bound by this Agreement even if Customer did not sign it. At the same time Customer signs this Agreement, Customer must provide ATI with a completed copy of the Customer and Project Information form (Attachment 2).
SECTION 3. AGREEMENT PRICE AND PAYMENT. Customer must pay ATI in the time and manner discussed below ("Payment Due Date(s)"). All payments are nonrefundable. If Customer does not make any of the payments below on time, it will be a breach of this Agreement. Customer must pay only ATI and shall not directly pay ATI's subcontractors and/or suppliers, if any.
Description of Schedule of Values Payments Payment
Payment Amount
"First Progress Customer receipt of 100% design drawings for range and HVAC $106,402.50 Payment"
"Second Progress ATI completion of fabrication/manufacturing of materials $468,171.00 Payment"
"Third Payment" ATI completion of installation, training and final sign -off of range. $134,776.50 TOTAL
Payments must be made payable to ATI by wire transfer.
If sent from within the United States of America. Customer shall direct the wire transfer to:
Bank: Zions Bank
1 South Main
Salt Lake City, Utah 84111, USA
Tel: (801) 844-5600
Zions SWIFT Code: ZFNBUS55SLC
Zions Bank Routing No.: 124-000-054
Zions Bank Account No.: 002248839
If sent from outside of the United States of America. Customer shall direct the wire transfer to:
Intermediary Bank: JP Morgan Chase ("JP Morgan")
JP Morgan SWIFT Code: CHASUS33
For further credit to:
Beneficiary Bank Name: Zions First National Bank
1 South Main
Salt Lake City, Utah 84111, USA
FEDWire ABA Routing: 124-000-054
Beneficiary Name: Action Target Inc.
Beneficiary Account: 002248839
$709,350.00
Any time ATI requests, Customer must provide proof and adequate assurances that Customer has all necessary funds available to pay the entire Agreement Price and any other costs for Change Events. Customer must sign all waivers and releases it receives from ATI.
SECTION 4. ATI DRAWINGS AND PROPRIETARY/CONFIDENTIAL INFORMATION. On or before the Parties executed this Agreement, ATI provided Customer with preliminary drawings ("ATI Preliminary Drawings") that generally reflect the ATI Work. Customer has advised ATI in writing of any requested changes to the ATI Preliminary Drawings and has approved the ATI Preliminary Drawings.
Based on this approval, ATI will prepare final drawings (the "ATI Final Drawings") that generally identify the ATI Work.
When Customer receives the ATI Final Drawings, Customer must promptly review and approve them using the Notice to Proceed form included as Attachment 3. If (i) Customer requests any changes to the ATI Final Drawings, (ii) any governing authority requires changes be made to the ATI Final Drawings as a condition of approval, or (iii) ATI is required to make changes to the ATI Final Drawings, ATI will
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perform this additional work, but the Agreement Price and the time for performance will be adjusted and treated as a Change Event.
Customer agrees that ATI will not schedule the fabrication of the ATI Materials until Customer (i) approves the ATI Final Drawings by signing and returning the Notice to Proceed (without making any changes to it); and (ii) makes the Second Payment plus any additional costs associated with Change Events.
Even if Customer has provided or later provides ATI with certain plans and specifications relating to the construction of the Customer Work, which is described in Section 5 and Attachment 5, ATI will use and rely on only the ATI Preliminary Drawings and the ATI Final Drawings to perform the ATI Work. ATI created, owns, and will retain all ownership to the ATI Preliminary and Final Drawings including their copyrights, and Customer shall not use them for anything except the ATI Work.
ATI will provide Customer with certain technical data, specifications, drawings, designs or other confidential and proprietary information of ATI ("Proprietary/Confidential Information"), including without limitation the ATI Drawings. ATI remains the exclusive owner of the Proprietary/Confidential Information. Customer shall not use the Proprietary/Confidential Information except as needed to perform the Customer Work and shall not give the Proprietary/Confidential Information to any third parties (including without limitation, contractors, subcontractors, or design professionals) without ATI's written consent. Customer shall not use the Proprietary/Confidential Information to help in any way any party other than ATI to perform any portion of the ATI or Customer Work. Customer and ATI are bound by this section ever after the Agreement expires or is terminated.
SECTION 5. SCOPE OF WORK. For the Agreement Price plus any additional compensation for change orders and in accordance with the ATI Preliminary Drawings, ATI will furnish that work, material, and/or equipment identified in Attachment 5 (collectively the "Work" or the "ATI Work"). The ATI Work generally includes:
• The off-site manufacture or fabrication of the ATI Materials required by the ATI Drawings; and • If included as part of Work in Attachment 5, (i) the shipping of the ATI Materials to the Project site, and (ii) the assembly and installation of the ATI Materials.
ATI Work does not include (i) the cost to obtain the permits and fees necessary to perform the Work (instead, Customer must provide such permits and pay any necessary fees), (ii) providing payment and performance bonds, or (iii) any work, materials, and/or equipment not expressly identified in Attachments 5 and 6, including any Customer Work. If the Project is a retro -fit, a remodel, or improvements to an existing shooting range, Customer shall take all necessary precautions to ensure that potential fire hazards (including the presence of airborne lead, residual gun powder, etc.), mold, asbestos, fungi, etc., and any other condition that may render the Project site unfit or unsafe for the ATI Work (collectively, "Preexisting Project Conditions") are fully and completely addressed, remediated and/or resolved to the satisfaction of ATI as part of the Customer Work.
Customer may incur or be required to pay to ATI additional costs as the result of any unknown Project site conditions. Further, ATI shall not be responsible for violations of applicable laws, statutes, regulations, rules, ordinances, and building codes when such violations result from construction in accordance with the requirements of the ATI Drawings.
Splatter Guard. The risk of secondary splatter exists if a shooter hits a track, target stands, ceiling or wall baffles, or other non -impact surfaces. Customer has been informed and understands that a splatter guard can reduce the risk of this secondary splatter, and Customer has been given the option to add a splatter guard to the Project.
Customer Work. Customer shall provide the Customer Work, including providing internet access to the range, at Customer's sole expense. All Customer Work must be performed in accordance with all applicable federal, state, and local laws, regulations, and building codes, and the ATI Drawings, to the extent applicable. If Customer fails to adhere strictly to the Customer Work, applicable federal, state and local laws, regulations and building codes, and/or to the ATI Drawings, ATI may at its option (i) void the Repair Warranty to be provided by ATI; (ii) be excused from performing any installation or testing of the ATI Work until such time as the defective, non- conforming, or non-compliant Customer Work has been corrected; (iii) declare the failure a Change Event; and/or (iv) complete the work at Customer's expense.
SECTION 6. COMMENCEMENT AND PERFORMANCE OF THE WORK.
Fabrication or Manufacture of the ATI Materials. ATI will not begin to fabricate or manufacture the ATI Materials and/or equipment ("Manufacturing") required by the ATI Drawings until each of the following has occurred: (i) Customer notifies ATI of the date Customer expects to complete the Customer Work; (ii) Customer has fully paid the Initial Payment and the Second Payment, plus any additional costs associated with Change Events; (iii) Customer has approved the ATI Final Drawings by executing and returning the Notice to Proceed (in the form set forth in Attachment 3); and (iv) Customer provides satisfactory evidence to ATI that Customer has obtained any and all permits, licenses, inspections, and/or governmental approvals necessary to allow the ATI Work to be performed. Manufacturing of the ATI Materials is estimated to be complete approximately twelve (12) weeks after ATI's receipt of the Notice to Proceed, along with the Second Payment.
Shipping of the ATI Materials. ATI will not schedule shipping and/or delivery of the ATI Materials to the Project site ("Shipping") until each of the following has occurred: (i) Customer has returned the "Shipping Notice" in the form set forth in Attachment 4; and (ii) Customer has paid the Third Payment, plus any additional costs associated with Change Events. If Customer request that ATI delay shipping of the ATI Materials, Customer shall pay ATI a weekly storage fee (as a Change Event) of One Hundred and No/100 Dollars for every Fifty
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Thousand and No/100 Dollars ($50,000.00) of Agreement Price. For example, if the Agreement Price is two hundred thousand dollars ($200,000), Customer shall pay ATI a storage fee of four hundred dollars ($400) per week (i.e., $200,000 = $50,000 x $100 = $400 per week) that Customer requests ATI to delay shipping. If Customer delays the shipping for more than 8 weeks, Customer shall be in Default and ATI shall be entitled to the Default Remedies set forth in Section 10 below. All storage fees must be paid in full before shipping of the ATI Materials.
Restocking of ATI Materials. Customer must pay a restocking fee of 10% of the product price if the parts have been packed but not shipped. Customer must pay a restocking fee of 20% of the product price if the parts have been shipped but not used or installed.
Installation at Proiect site. If installation of the ATI Materials is included as part of ATI's Work, ATI will begin installation within 10 business days of the latter of the following to occur: (i) the date Customer has fully and materially completed the physical construction of all Customer Work such that the Project site is fully prepared, available, and equipped so that ATI can timely and continuously complete the ATI Work; and (ii) the date the ATI Materials are delivered to the Project site. Irrespective of the hours that ATI may perform its Work, Customer shall make the Project available for the ATI Work, Monday through Sunday (holidays included), for no less than ten (10) hours per day.
Customer agrees that its assistance and cooperation is essential to ATI's successful and timely completion of the ATI Work. Customer and its agents shall be available upon one (1) business days' notice to answer and give approval of any issues or questions that may arise during ATI's performance of the Work. Should Customer be unavailable to provide such assistance and cooperation, ATI shall be entitled to a Change Event.
Delays. If the Customer delays or requests a delay in shipping or installation of the materials by sixty (60) days or more, ATI may increase the Agreement Price by a reasonable amount to conform with ATI's increases costs, materials, or labor.
Force Maieure. Neither party shall be liable for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond such party's control, including, without limitation, acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes; acts of God; earthquakes; fires; floods; loss or malfunctions of utilities, communications, or computer (software and hardware) services; inability to obtain labor, materials, or transportation; epidemics; pandemics; quarantines; governmental actions; or federal or local orders or recommendations against travelling or gathering; it being understood that each party shall use reasonable efforts that are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
SECTION 7. SUBSTANTIAL COMPLETION AND REPAIR WARRANTY. The term "Substantial Completion" means that point in time when the ATI Work is sufficiently complete so that Customer can use all or a portion of the ATI Work for its intended purpose, or when Customer opens or begins using its range, whichever is sooner. Within ten (10) calendar days after Substantial Completion, Customer shall (i) carefully inspect the ATI Work, and (ii) if Customer believes that the ATI Work does not meet the Agreement requirements, Customer shall give ATI written notice of the claimed non-conformance or defect. Customer's failure to give timely written notice of any non-conformance or defect shall be considered as evidence that the ATI Work is acceptable to Customer as performed and installed.
The performance of ATI's Work will be in compliance with industry standards and the International Building Codes as they may apply to ATI's specific craft or trade and will be evaluated by any Customer Parties or others and any trier of fact pursuant to a "reasonable" or "objective" standard. ATI shall guarantee and warrant the ATI Work for a period of three (3) years from the date of Substantial Completion for Core Products identified in Attachment 8 and one (1) year for other products ("Repair Warranty Period"). ATI shall repair or replace (at ATI's election and at its cost), any Work that fails to materially comply with the ATI Drawings and which proves to be defective or non- conforming in materials or workmanship (the "Repair Warranty"), provided: (i) Customer has fully paid ATI for the Work, (ii) Customer is not otherwise in Default of this Agreement, and (iii) Customer gives written notice ("Repair Notice") to ATI within the Repair Warranty Period, as set forth below.
Should Customer believe that any part or portion of the ATI Work is defective and/or non -conforming and subject to the Repair Warranty provided herein, Customer shall: (i) give a Repair Notice (defined above) identifying the specific part or portion of the Work that is allegedly defective and/or non -conforming, and (ii) if the allegedly defective or non -conforming portion of the Work can be returned to ATI, obtain a Return Authorization from ATI before returning the same. Should the Work subject to the Repair Notice, a) be returned to ATI without a Return Authorization, b) be received by ATI after the Warranty Period, c) be found to not be defective or found by ATI to conform to the ATI Drawings, or d) appear to be damaged or rendered inoperative due to any of the Exclusions set forth below, ATI shall, at Customer's expense, return the part to Customer, with no repair or replacement having been made. Should Customer elect to have ATI replace the damaged part (at Customer's expense), ATI shall attempt to make such replacement parts available, at ATI's then current retail price.
ATI shall have no obligation to repair or replace consumables, including but not limited to those identified in Attachment 9, or the ATI Work (pursuant to the Repair Warranty) if, in ATI's opinion, such Work was (collectively, "Exclusions"):
• improperly used by Customer or others (i.e., exceeded the operational and/or functional scope for which it was intended, including use of unsupported bullets);
• improperly maintained by Customer (regular maintenance items to be performed by Customer include, but are not limited to the following, light bulbs, circuit breakers, batteries, filters, oil, grease, consumable items including but not limited to those identified
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herein or accepted as consumables in the industry, etc.) or complete maintenance records not kept in accordance with ATI instructions;
• modified or altered by Customer or others during and/or after implementation of Work (including the removal of ATI's logo(s), badging and/or other branding from the ATI materials);
• serviced incorrectly by any third party;
• damaged or rendered inoperative as a result of:
o acts or omissions of Customer or others, including, but not limited to:
• failure to implement recommended protection and/or armoring measures; • failure to comply with the manufacturer's printed instructions; • abuse;
• rodents or pests;
o acts of nature, including, but not limited to, lightning, flood, fire, earthquake, etc.; o primary or secondary bullet strikes to or from non -impact surfaces (e.g., ceiling or wall baffles, moving target tracks, target trolleys, target stands, target holders, etc.);
o inadequate, incorrect, or unstable electricity supply; o exposure to environmental conditions that exceed the scope of the product's design; o corrosion, moisture contamination, abrasion, or normal wear and tear; o power surge;
• not operated in compliance with all applicable building, mechanical, plumbing, or electrical codes; • supplied and/or installed incorrectly by any third party; • damaged, in whole or in part, due to Customer's failure to give ATI timely notice of the alleged defect or non -conforming portion of the Work; or
• covered under a non -ATI manufacturer's warranty.
ATI'S REPAIR WARRANTY DOES NOT INCLUDE ANY OTHER WARRANTIES, AND CUSTOMER HEREBY WAIVES, RELEASES
AND DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY IS NOT ASSIGNABLE OR TRANSFERABLE BY CUSTOMER, BY OPERATION OF LAW, OR OTHERWISE. ANY ASSIGNMENT OR TRANSFER OF THE REPAIR WARRANTY SHALL VOID THE REPAIR WARRANTY. THIS REPAIR WARRANTY CAN ONLY BE MODIFIED BY WRITTEN AGREEMENT BETWEEN THE PARTIES.
SECTION 8. OWNERSHIP OF THE WORK. SECURITY INTEREST AND RISK OF LOSS. Title to the Work shall be and remain in ATI until the Agreement Price plus any additional costs associated with Change Events has been fully paid, at which time title to the Work shall pass to Customer. Additionally, ATI shall retain ownership of any excess materials and/or equipment not incorporated into the Project, even if such excess materials and/or equipment were delivered to the Project. Unless specifically included as "spare parts" or "extra materials" on Attachment 5, no such spare parts or extra materials are included as part of the Work.
ATI shall have (i) a secured interest in the Work and permission to perfect such secured interest in any way allowed by applicable law, and (ii) a limited power of attorney to execute standard forms as necessary to perfect, assign, amend, continue, and terminate ATI's security interest. The ATI Work shall be deemed to be a fixture to the property, free of any claim or right of Customer, of the person on whose real property the Work is performed or installed, and/or the creditors of either.
Notwithstanding anything herein to the contrary, Customer shall be fully responsible and liable for the risk of loss, cost and expense and any damage to the ATI Materials from the earlier of the date (i) the ATI Materials are delivered to the Project site, or (ii) ATI releases the ATI Materials to Customer or its agent for pick-up or shipping. Upon receipt of the ATI Materials, (i) Customer shall inspect the ATI Materials and immediately notify ATI of any damage or shortage, (ii) store and safeguard the ATI Materials until such time as ATI arrives at the Project site, and (iii) photograph the ATI Materials and return such photographs to ATI to confirm that the shipment matches all applicable Bills of Lading (only if shipping is provided by ATI as part of the Work). Customer shall be liable and financially responsible for any damage to the ATI Materials a) that occurs during shipping (if such shipping is provided by ATI as part of the Work), if not immediately communicated to ATI upon receipt of the ATI Materials, and/or b) which occurred after Customer's receipt of the ATI Materials (including theft).
SECTION 9. CHANGE EVENTS. Should any of the following events occur (collectively referred to as "Change Events"), the Work Schedule shall be extended by two (2) work days for each work day lost, and if ATI will incur additional costs as a result of a Change Event, the Agreement Price shall be increased by no less than the on-site and off-site cost of the additional work, materials and/or equipment that ATI may provide as a result of such Change Event (including insurance, bond costs and taxes, if applicable), plus twenty percent (20%)(ten percent (10%) for overhead and ten percent (10%) for profit), or lump sum, at ATI's election: (i) Customer fails to perform the obligations and responsibilities required of Customer in the Agreement; (ii) if Customer objects to any consultant, subcontractor, or supplier selected by ATI, Customer shall pay the reasonable increases and costs ATI may incur in obtaining a replacement consultant, subcontractor, or supplier; (iii) Customer Parties or others (including any governing body) make alterations or changes to the ATI Final Drawings, the Customer Work or to the Work Schedule, or ATI's Work is changed, modified or altered by the Customer Parties or others in any way; (iv) ATI is required to provide additional work and/or materials, beyond those reflected in the ATI Preliminary Drawings; (v) ATI's Work is suspended, delayed, interfered with, disrupted and/or accelerated—including remobilization or other travel expenses—by the acts, omissions or requests of any of the Customer Parties or others; (vi) the Customer Work is not timely
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completed; or (vii) for any other reason beyond ATI's control. Change Events do not include events which are caused by the material uncured default of ATI. If prevailing wages are required for this Agreement, ATI shall be entitled to a Change Event to increase installation prices if prevailing wage rates increase between the Date of Acceptance and the date of installation of the ATI Work.
SECTION 10. DEFAULT REMEDIES. Customer shall have defaulted ("Default") if (i) Customer fails to perform any obligation or duty required of it by this Agreement; (ii) bankruptcy, receivership, or other insolvency proceedings are commenced by or against Customer; (iii) Project site conditions prove to be unsafe; (iv) any Customer Party pursues a Hazardous Environmental Conditions Claim or Armoring Claim; (v) Customer or others remove ATI's logo(s), badging and/or other branding from the ATI Materials; or (vi) Customer suspends or terminates all or a portion of the Work, or abandons all or a portion of the Project, for any reason other than a material uncured default by ATI.
In the event of Customer's Default, ATI may without notice and without waiving any other remedies (collectively, "Default Remedies") resort to judicial process and, without liability for trespass, repossess all or any part of the Work or any component(s) of the same and to disconnect or otherwise render it ineffective.' If ATI exercises any right pursuant to this Section, the ATI Parties shall not be liable for any delays and/or damages that Customer may suffer as a result of ATI's exercise of the rights set forth in this Section. ATI's waiver or indulgence of any Default, including without limitation acceptance of late payments, shall not operate as a waiver of any subsequent Default.
Upon Default, Customer shall be indebted to ATI and shall pay to ATI an amount equal to the sum of the following, (i) any unpaid past - due Payments, plus any additional costs associated with Change Events (discussed more fully in Section 9 above), (ii) an amount equal to fifty percent (50%) of the balance of the Work that has yet to be furnished by ATI, (iii) a finance charge of one and one-half percent (1.5%) per month on all unpaid amounts from the date originally due, and (iv) actual attorney fees, court costs and expenses incurred by ATI in connection with the collection of all amounts owed to ATI.
ATI shall have no liability to Customer for delay or damage caused to Customer as a result of Customer's Default, including Customer's suspension or termination of all or a portion of the Work or the termination or abandonment of all or a portion of the Project. ATI shall have no liability to Customer for lost profits resulting from delays.
SECTION 11. HAZARDOUS ENVIRONMENTAL CONDITIONS. ATI has advised Customer that (i) a hazard of indoor shooting is a potentially high level of airborne lead and other pollutants and contaminants, including carbon monoxide and smoke (collectively, "Hazardous Environmental Conditions"), (ii) the primary purpose of an indoor ventilation system, bullet recovery system and/or other environmental systems (collectively, "Ventilation System") is to remove or reduce such Hazardous Environmental Conditions created during the firing of weapons from the respiratory zones of those occupying the range, (iii) Customer should strongly consider the use of a Ventilation System (which ATI offers for sale) along with its indoor shooting range, and (iv) if a Ventilation System is not installed, the Hazardous Environmental Conditions can cause serious bodily injury to those occupying the range, as well as property damage. Customer understands and agrees that ATI shall not be responsible for any Hazardous Environmental Conditions at the Project site, including those caused by, attributable to or arising out of the acts, omissions or failure of Customer, including, but not limited to, Customer's failure to a) install a Ventilation System, and b) to follow ATI's recommended maintenance procedures and schedule.
SECTION 12. ARMORING MEASURES. To the extent included as part of the ATI Work, certain areas may be designated ballistic or armored for "point blank" type impacts ("Armoring"). If provided, this Armoring may include:
• A "Staging Area," that is non -ballistic rated (unless otherwise specified in Attachment 5). The Staging Area is not intended nor designed to be a Firing Line Area or a Tactical Training Area (defined below), and weapons should never be discharged from such Staging Area(s).
If included as part of the ATI Work (identified in Attachment 5):
o a "Firing Line Area," consisting of those ballistic panels identified in Attachment 5, with Armoring as specified in Attachment 7. The Firing Line Area is a fixed location from which weapons are to be discharged; and/or o a "Tactical Area," consisting of those ballistic panels identified in Attachment 5, with Armoring as specified in Attachment
7. A Tactical Area is designed to allow weapons to be discharged at various locations, both down -range and cross - range (under supervision by a range safety officer and/or range master).
To the extent the ATI Work includes such Armoring, Customer acknowledges and agrees that:
• The existence of Armoring cannot and does not fully eliminate the risks and/or hazards inherent in indoor and outdoor shooting ranges.
• In the event Armoring is struck by a bullet of any caliber ("Bullet Strike"), Customer shall immediately cease the use of the Firing Line Area and/or Tactical Area where such Bullet Strike occurred, and replace the Armoring; and • ATI shall not be responsible for any hazards at the Project site, including, but not limited to, those caused by, attributable to or arising out of the presence of Armoring and/or the acts, omissions or failures of any Customer Party (or others) to observe proper 1 Repossession of all or any portion of the Work by ATI shall not be construed to be an acceptance of Customer's surrender of such Work, nor require ATI to patch, paint, touch-up, etc., the affected areas of the Project. Neither termination of this Agreement nor repossession of all or any part or portion of the Work shall deprive ATI of its remedies for Default as set forth herein. ATI's exercise of its right of repossession shall be a remedy in addition to and not as an alternative to ATI's right to recover from Customer all damages suffered by reason of Customer's Default.
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safety procedures, including, among others (i) Customer's failure to terminate the use of any area in the event of a Bullet Strike to Armoring, or (ii) if a range is used for purposes beyond its intended use (e.g., the use of weapons or ammunition in a given area that exceed the max velocity and/or max energy as specified in Attachment 7), or (iii) the modification or alteration of the Armoring in any manner whatsoever.
Special Precautions Using .50 BMG. ATI's Total Containment Trap (TCT) carries an ATI Class 2 ballistic rating and is certified to contain rifle ammunition at a speed of 3,388 feet/second with a maximum energy of 3,600 foot-pounds. Due to the high energy of .50 BMG ammunition (approximately 11,070 foot-pounds), ATI has determined that only a LIMITED quantity of .50 BMG ammunition may be used with the TCT. If .50 BMG rounds are fired onto a concentrated area, damage to the TCT may occur after as few as 50 rounds.
Using .50BMG can (1) cause damage to or significant lifetime reduction of the deceleration chamber's mouths (top and bottom), (2) break the welds on the deceleration chamber's mouths and/or ribs, (3) significantly reduce the lifetime of the deceleration chamber's rear shell, (4) loosen the cams due to impact shock forces, and (5) damage or significantly reduce the lifetime of the side impact plates. Additionally,
IN CONCENTRATED AREAS OF FIRED ROUNDS, FAILURE OF THE REAR SHELL MAY OCCUR, RESULTING IN ROUNDS ESCAPING THE DECELERATION CHAMBER. Because of this, Customer agrees to take the following precautions:
• Vary the placement of .50 BMG rounds so that they are not fired onto a concentrated area of the TCT. • Try to ensure .50 BMG rounds make contact with the lower impact plates of the TCT. This will allow for maximum deceleration of the rounds with minimal damage to the impact surfaces. • Designate specific lanes for use with .50 BMG ammunition.
Restrictions Relating to .50 BMG
• DO NOT shoot .50 BMG rounds into the TCT from a fixed position. This includes any firing apparatus or position that will place multiple rounds in a very small area.
• DO NOT shoot .50 BMG rounds in automatic fire or short burst rounds. • DO NOT shoot .50 BMG rounds that have a steel or solid brass core into the TCT (use of any solid core or "armor piercing" rounds will void the TCT warranty).
Inspection Requirements Relating to .50 BMG
For .50 BMG lanes, inspect key TCT components DAILY, including:
o Baffle plates: Inspect baffle plates for breaches, bulging and wear. o Impact plates: Inspect impact plates for breaches, bulging and wear. o Chamber mouths: Inspect chamber mouths for breaches and wear. Check that the mouth opening is between 1" and 1-3/8"
o Rear shells: Inspect rear shells plates for bulging, "dimpling" and breaches. o Cams: Ensure cams are tight and cam locations marks are in line. • If any damage is found during inspection, DO NOT shoot .50 BMG rounds in that lane. • Replacement parts can be purchased from Action Target.
SECTION 13. RUBBER BERM TRAPS. To the extent included as part of the ATI Work, certain rubber berm traps ("Rubber Berm Traps") may be designated as "treated" or "non -treated" with fire -retardant. ATI's treated Rubber Berm Trap carries an ASTM E-108 Class A fire rating when properly treated and maintained. To the extent that such Rubber Berm Traps are provided, Customer acknowledges and agrees that:
• ATI has advised Customer that (i) a hazard of indoor and/or outdoor shooting is a potentially high risk of fire, (ii) the primary purpose of treating Rubber Berm Traps with fire -retardant is to reduce the risk of fire created during the firing of weapons, (iii) Customer should strongly consider the use of Class A fire rated and treated Rubber Berm Traps (which ATI offers for sale) as a component of its shooting range, and (iv) if treated Rubber Berm Traps are not installed, the risk of fire may be increased, which may cause serious bodily injury to those occupying the range, as well as property damage. Customer understands and agrees that ATI shall not be responsible for any fire at the Project site, including those caused by, attributable to or arising out of the acts, omissions or failure of Customer, including, but not limited to, Customer's failure to a) install a Class A fire rated and treated Rubber Berm Trap, and/or b) to follow ATI's recommended maintenance procedures and schedule; and • The treatment of Rubber Berm Traps with fire -retardant (including ATI's Class A rated fire retardant) does not fully eliminate the risks and/or hazards inherent in indoor and outdoor shooting ranges, including the risk of fire.
SECTION 14. CUSTOMER'S INSURANCE, INDEMNITY OBLIGATIONS. AND WAIVER OF CERTAIN CLAIMS.
Customer Insurance. At Customer's sole cost and expense, Customer (or the Owner, as the case may be) shall obtain and maintain insurance for the Project, with policy limits of no less than the cost to construct the overall Project, not just that attributable to the ATI Work. If the Project is new construction, Customer shall obtain and maintain builder's risk or course of construction insurance, which
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policy shall (i) name ATI as an additional named insured, (ii) be written by insurance carriers with an A.M. Best's Rating of A- or better and on forms acceptable to ATI, (iii) be primary and contain a provision that any other insurance carried by or otherwise available to ATI shall be excess and non-contributory, (iv) be in full force and effect for the entire duration of the Project and for the full period of the applicable statutes of limitation and repose, (v) provide coverage for materials and equipment stored on site, and (vi) include an endorsement providing that the insurance carrier waives its rights of subrogation against the ATI Parties. If the Project is not new construction, Customer shall obtain and/or maintain general liability and/or premises liability insurance in an amount and with coverages and in a form acceptable to ATI.
Certificates and endorsements of insurance (and copies of policies, if requested by ATI) shall be furnished to ATI concurrently with the execution of this Agreement. Evidence of renewal of Customer's insurance policy/policies shall be delivered to ATI within five (5) days of receipt of evidence of renewal of such policy. Customer hereby waives any and all rights of recovery which it may now or subsequently possess against the ATI Parties in connection with any losses covered by the insurance provided under this Agreement. Customer shall be responsible for the payment of all deductibles and/or self-insured retentions to be paid under or with respect to such insurance.
Customer Indemnity. To the fullest extent permitted by law, Customer, on behalf of itself and the Customer Parties, shall indemnify, defend and hold the ATI Parties harmless, of, from and against any and all claims, damages, losses, demands, lawsuits, judgments and costs of suit or defense, including attorney fees (collectively "Claims"), whether for personal injury, property damage, direct or consequential damage, relating to Hazardous Environmental Conditions, Preexisting Project Conditions, Armoring, Rubber Berm Traps, or economic loss directly or indirectly arising out of, or alleged to have arisen from, caused by, or resulting from (in whole or in part) (1) the Customer Work or any part thereof; (2) any act or omission of the Customer Party or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable; or (3) the failure to adhere to the above information, guidelines, or restrictions relating to .50 BMG ammunition.
Any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification, defense, and hold harmless obligations under this paragraph are made a part of the Agreement and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnity, defense, and hold harmless obligations shall continue in full force and effect. Customer's obligation to defend pursuant to this Section shall be with attorneys approved by the ATI Parties. The ATI Parties that are not parties to this Agreement are third -party beneficiaries of the indemnification provision of this paragraph. Notwithstanding anything in the Agreement Documents to the contrary, the indemnification obligations of the Customer survive any expiration or termination of the Agreement Documents.
Waiver of Certain Claims. Customer, on behalf of itself and each of the Customer Parties, does hereby waive, release, and forever discharge ATI and each of the ATI Parties, of, from, and against any and all claims, actions, causes of action, demands, rights, agreements, promises, warranties, guarantees, liabilities, losses, damages, costs and expenses, of every nature and character, description and amount, known or unknown, without limitation or exception, whether based on theories of contract, breach of contract, breach of the covenant of good faith and fair dealing, tort, violation of statute or ordinance, or any other theory of liability or declaration of rights whatsoever, which Customer and each of the Customer Parties may now have or may hereinafter acquire against ATI or any of the ATI Parties, arising from or in any way related to (i) Hazardous Environmental Conditions ("Hazardous Environmental Conditions Claim"); (ii) Preexisting Project Conditions ("Preexisting Project Conditions Claim"); (iii) Armoring ("Armoring Claim"); (iv) the installation of Rubber Berm Traps, whether treated with fire -retardant or not ("Rubber Berm Trap Claims"); and (v) the failure to adhere to the above information, guidelines, or restrictions relating to .50 BMG ammunition. ATI shall not be exempt from failures in design.
SECTION 15. ATI'S INSURANCE AND INDEMNITY OBLIGATIONS.
ATI Insurance. ATI shall obtain and maintain in full force and effect for the entire duration of the ATI Work, the following insurance coverages and policy limits, (i) Commercial General Liability with a per occurrence limit of not less than $1 Million and a general aggregate limit of not less than $2 Million (the per occurrence and general aggregate limits may be achieved by an umbrella or excess liability policies), and (ii) workers compensation in the statutory minimum. If requested by Customer, ATI will provide an additional insured endorsement and wavier of subrogation for Customer, and no other person or entity, on a form offered by ATI's insurance carrier. Upon renewal of the foregoing policies of insurance and within five (5) days of Customer's request, ATI shall furnish to Customer certificates or endorsements of insurance showing that a new policy is in effect and that all premiums due have been paid current. ATI maintains $6 million in full insurance coverage.
ATI Indemnity. Except for ATI's obligation to warranty the Work for the Repair Warranty Period (defined in Section 7), any claim for damages that Customer may make, or any liability or indemnity obligation that the ATI Parties may have with respect to or arising out of or related to the Work, including property damage or bodily injury, shall be limited to the proceeds a Customer Party or any third party receives, if any, from or under the insurance to be provided by Customer or by or for ATI and nothina more. Under no event or circumstance shall the Customer Parties seek damages in excess of the insurance proceeds discussed above, whether directly or indirectly through suits with other parties who may join the ATI Parties as third -party defendants.
SECTION 16. ASSIGNMENT. Customer shall not assign any of the rights or obligations provided to it by or required under this Agreement, without first obtaining the prior written consent of ATI.
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SECTION 17. NOTICES. All notices ATI is required or permitted to give to Customer under the Agreement may be given by depositing them in the United States mail addressed to Customer at its local address, by facsimile, or by email. The foregoing will not be deemed to preclude the use of other means of notification or to invalidate any notice given by any such other means. All days referred to in the Agreement for notice will mean business days, and all notices will be given in writing.
SECTION 18. CONSENT TO COLLECTION OF DATA. Customer consents to ATI using its cloud service to collect and use Customer's information related to Customer's usage of the ATI Work including equipment status and state, equipment parameters, sensor readings, connections to UI, OS version and browser data when connected to the UI, internal system events, and system connectivity logging including VPN connections.
SECTION 19. GENERAL PROVISIONS. This Agreement may be amended only by written instrument signed by both Customer and ATI. If any term, provision, or condition of the Agreement is held to be invalid, void, or unenforceable by a court or forum of competent jurisdiction, then the remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of the Agreement and all provisions of the Agreement allocating responsibility or liability between Customer and ATI shall survive the completion of all Work to be performed under the Agreement. Nothing contained in the Agreement shall create a contractual relationship or a cause of action in favor of a third party against ATI. The individuals executing the Agreement warrant that they have read and understood its provisions, and that they are authorized to bind the Parties for which they sign.
SECTION 20. ENTIRE AGREEMENT. This written Agreement is the entire integrated agreement between Customer and ATI and supersedes all prior negotiations, representations, or agreements, whether written or oral.
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ATTACHMENT 1A
CONSENT TO ARBITRATION
ATI and Customer shall employ good -faith efforts to amicably resolve any claims or disputes that may arise ("Dispute"). If the Dispute cannot be resolved informally, the parties waive their legal right to bring their dispute in a court of law, and the Dispute shall be submitted to binding arbitration administered by the AAA in accordance with its Construction Industry Arbitration Rules ("AAA arbitration") using a single arbitrator. Any AAA arbitration shall occur in Salt Lake County, Utah. Customer shall be finally and conclusively bound by the final decision reached in any AAA arbitration and, if ATI is the prevailing party, the arbitrator shall award to ATI such sums as the arbitrator deems proper to compensate ATI for its claims or damages, including reasonable attorneys' fees, professional fees, and costs expended. Customer consents to the consolidation of any arbitration that may take place between Customer and ATI with arbitrations between ATI and other parties, and to ATI's joinder of any third parties into any arbitration between ATI and Customer. ATI does not consent to the consolidation of any arbitration that may take place between Customer and ATI with arbitrations between Customer and other parties, or Customer's joinder of any third parties into the arbitration. ATI shall be entitled to perfect all statutory claims and rights that it may possess during the pendency of any mediation or arbitration. The laws of the state of Utah shall govern the terms and conditions of the Agreement, and any arbitration or litigation shall occur in Salt Lake County, Utah.
Notwithstanding anything in this Agreement to the contrary, in no event shall (i) the employees, agents, officers or directors of ATI and the ATI Parties be personally liable for any claims, damages, losses, demands, lawsuits, judgments, fees and/or costs of suit or defense, including, without limitation, attorney fees, or (ii) ATI and any of the ATI Parties be liable for special, indirect, incidental, exemplary, punitive or consequential damages of any kind, whether arising out of contract, tort (including negligence), strict liability, warranty or otherwise.
CUSTOMER, ATI AND EACH OF THEM REPRESENT AND AGREE THAT THEY HAVE READ, UNDERSTAND, AND
KNOWINGLY AND SPECIFICALLY AUTHORIZE, ACCEPT, AND CONSENT TO THE MEDIATION AND ARBITRATION
CLAUSE SET FORTH IN THIS SECTION, AND WAIVE THEIR LEGAL RIGHT TO BRING A DISPUTE TO A COURT OF LAW.
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Bonding Co. Name:
Bonding Co. Address:
Lender Name:
Lender Address:
ATTACHMENT 2
CUSTOMER AND PROJECT INFORMATION
N/A
Phone: Bond #
N/A
Phone: FAX:
Customer Key Personnel
Project Manager: Masoud Sepahi, City Engineer
Superintendent: N/A
Operations Manager: Captain James Mcllhenney
Luis Estevez, Deputy City
Contract Administrator: Administrator
Jennifer Lampman, Director of
Accounts Payable: Finance
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ATTACHMENT 3
SAMPLE ONLY
NOTICE TO PROCEED AND APPROVAL OF ATI FINAL DRAWINGS
ACTION..
TARGET
ATI Reference: ATI -15-000
NOTICE TO PROCEED AND APPROVAL OF ATI FINAL DRAWINGS
DATE: 1/1/00 VIA OVERNIGHT FEDEX
Contract/Subcontract No.: 12345
ABC Company
Mr. John Doe
1234 Best Way Rd
Any Town, AB 12345
Project: Town Training Center
6789 On Target Ave., Any Town, AB 12345
Dear Mr. John Doe,
Attached to this Notice to Proceed and Approval of ATI Final Drawings ("Notice to Proceed") is a copy of the ATI Final Drawings for the Project identified above. Please carefully review these Drawings and immediately notify ATI if you request any changes to the same. Please understand that any requested changes will result in a Change Event (pursuant to Section 9 of our Agreement) and a delay in the completion of the ATI Work. If no changes are requested, please return (i) a fully executed copy of this Notice to Proceed, and (ii) the Second Payment (identified in Section 3 of our Agreement).
Upon receipt of your signed counterpart of this Notice to Proceed and the Second Payment, plus any amounts attributable to Change Events, we will commence the fabrication and/or manufacture of the ATI Materials for the Project identified above, with an anticipated manufacturing period of approximately twelve (12) weeks. Please understand that (i) once we have begun to fabricate and/or manufacture the ATI Materials, we will not be able to stop such fabrication and/or manufacturing, and (ii) should you request us to delay shipping the ATI Materials (after we have begun to fabricate or manufacture the same), such delay will result in the assessment of storage fees (as a Change Event) of One Hundred and No/100 Dollars ($100.00) for every Fifty Thousand and No/100 Dollars ($50,000.00) per week of Agreement Price (as set forth in Section 6 of our Agreement).
If we do not receive your response within fourteen (14) calendar days, (i) we will not commence the fabrication and/or manufacture of the ATI Materials for the Project, (ii) your Project will be delayed, and (iii) we will be entitled to the remedies for Default as set forth in Section 10 of our Agreement.
BY SIGNING THIS NOTICE TO PROCEED BELOW (WITHOUT CHANGES HAVING BEEN MADE), CUSTOMER DOES HEREBY (I) DIRECT ATI TO PROCEED WITH THE FABRICATION AND/OR MANUFACTURE OF THE ATI MATERIALS FOR THE PROJECT, AND (II) GIVE ITS APPROVAL OF THE FINAL ATI DRAWINGS.
ACTION TARGET INC. ABC COMPANY
Signature Signature
Fred Brown Mr. John Doe
PRINTED NAME
Project Manager President
TITLE TITLE
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ACTION ,
TARGET
ATI Reference: ATI -15-000
ATTACHMENT 4
SAMPLE ONLY
SHIPPING NOTICE
SHIPPING NOTICE
DATE: 3/1/00 VIA OVERNIGHT FEDEX
Contract/Subcontract No.: 12345
ABC Company
Mr. John Doe
1234 Best Way Rd.
Any Town, AB 12345
Project:
Dear Mr. John Doe,
Town Training Center
6789 On Target Ave., Any Town, AB 12345
9999
This Shipping Notice is to inform you that the ATI has or will shortly complete the manufacture and fabrication of the ATI Materials for your Project. ATI will initiate shipping of the ATI Materials upon receipt of (i) a fully executed copy of this Shipping Notice, and (ii) the Third Payment (required pursuant to Section 3 of our Agreement), plus any amounts attributable to Change Events.
By executing and returning this Shipping Notice (below), you are representing and warranting that the Customer Work is complete, such that the Project site is fully prepared, available, and equipped so that the ATI Work can timely commence and ATI can proceed with the continuous, uninterrupted and unimpaired installation of the ATI Materials at the Project site, without interference from the Customer Parties or others.
Should you request ATI to delay shipping of the ATI Materials, Customer shall pay ATI a weekly storage fee (as a Change Event) of One Hundred and No/100 Dollars ($100.00) for every Fifty Thousand and No/100 Dollars ($50,000.00) per week of Agreement Price (as set forth in Section 6 of our Agreement).
If we do not receive your response within five (5) business days, (i) ATI will not initiate shipping of the ATI Materials for the Project, (ii) your Project will be delayed, and (iii) ATI will be entitled to the remedies for Default as set forth in Section 10 of our Agreement.
ACTION TARGET INC. ABC COMPANY
Signature
Fred Brown
Project Manager
TITLE
Signature
Mr. John Doe
PRINTED NAME
TITLE
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ATTACHMENT 5
SCOPE OF WORK
1. ATI WORK. Pursuant to the Placentia PD 4 Lane 25 Yard Tactical, October 2022 Updated Proposal attached hereto as Exhibit 1, and except for that work, materials and/or equipment expressly excluded below, ATI proposes to furnish the following work, materials and/or equipment (collectively "Work" or the "ATI Work") for the Project:
4 Lane 25 Yard Tactical Indoor Range - 20' wide
- Rubber berm trap w/ Class A Fire Treatment
- Fully tactical rifle rated ceiling baffles w/ white acoustical tile fascia - Wall baffles w/ Acoustical Rubber Tile Fascia - 20' long x 8' high both side walls in front of bullet trap - (4) Fixed Lateral electric turning targets w/ tablet master control - Acoustical Treatment PEPP on all side walls and back wall - 1640 sq -ft Purge Style HVAC System with Heating and Evaporative Cooling - Direct fired gas heating and evaporative cooling
- Laminar air flow of 75 ft. per minute.
- Customized DDC controller
- Custom -fabricated radial diffusers.
- Meets or exceeds all NIOSH, OSHA, and NRA range and lead safety standards. - Supplemental electric duct heater for sufficient heating w/ 208 Volt power Includes Full Prevailing Wage Installation by Action Target Includes Free Ground Freight Delivery (-85,000 lbs)
Includes Taxes
A. Installation. Before ATI will commence installation, the Project site must be fully prepared, available, and equipped so that the ATI Work can timely commence and proceed with the continuous, uninterrupted and unimpaired installation of the ATI Materials at the Project site. Customer understands and agrees that it will provide ATI access for forklifts and/or other equipment with a minimum clearance of five feet (5') wide by seven feet six inches (7'6") tall for the duration of the Project.
B. Commissioning. Before ATI arrives for start-up and commissioning, (i) all power wiring to or for the ATI Materials, control piping, permanent power, sheet metal, power to the control panel, and range construction must be complete, (ii) all doors, windows, seals, etc., must be complete, and (iii) any penetrations into the range and/or the range wall(s) must be sealed tight.
2. SHIPPING TERMS. Upon receipt of Customer's signed counterpart of:
• The Notice to Proceed and Approval of ATI Final Drawings (see, Attachment 3) and the Second Payment (defined in Section 3 of Attachment 1), plus any amounts attributable to Change Events (defined in Section 9 of Attachment 1), ATI will commence the fabrication and/or manufacture of the ATI Materials for the Project identified above, with an anticipated manufacturing period of approximately twelve (12) weeks; and
• The Shipping Notice (see, Attachment 4) and payment of the Third Payment (defined in Section 3 of Attachment 1), plus any amounts attributable to Change Events (defined in Section 9 of Attachment 1), ATI will cause the ATI Materials to be delivered to Customer as follows:
FOB Destination
3. GENERAL EXCLUSIONS. The Work to be provided by ATI expressly excludes (and does not include) the following:* • Cat -5 Network Cabling.
• Electrical UL Rating;
• The design for and adjustments, accommodations, repairs or protection related to or arising out of seismic movement (of any kind), wind and/or snow loads;
• Prevailing wages, union labor, or any increased labor expenses; and • Revegetation of landscaping.
* As well as any other labor, materials and/or equipment and services excluded in Attachment 1.
4. CUSTOMER WORK. In addition to the General Exclusions noted above, the following are defined as "Customer Work" and (i) shall be performed by Customer, and (ii) ATI shall have no responsibility for such Customer Work, which work is expressly excluded from the ATI Work. The "Customer Work" shall include, but not be limited to the following:
• Cat -5 Network Cabling.
• All temporary utilities for construction (including adequate lighting and power for hand -tools);
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• Structural work of any kind, including hanging support for the ATI Materials, any substructure from which the ATI Materials is or will be supported pursuant to the ATI Drawings, canopies, shade structures, etc.; • Electrical wiring (including all hookups to or for the ATI Materials) and conduit (both high and low voltage); including connections, line or control conduits (empty or full), electrical boxes, receptacles, target or general lights and any other devices generally considered for high or low voltage;
• Concrete footings, piers and slabs of any kind;
• Floor trenching and wall notching (applicable only for steel Total Containment Traps (TCT)); • Engineered stamped drawings for all hanging points, seismic engineering/components and/or ATI provided equipment; • Applicable permits and fees for the ATI Work and the Customer Work; • Gas piping;
• Coring and sealing;
• General trades work;
• Off-loading of ATI Materials upon delivery to the Project; • Non -ballistic drop ceiling in range ready area;
• Range lighting controls and wiring;
• Waste disposal;
• Sanitation facilities;
5. CUSTOMER WORK - HVAC If the Agreement includes HVAC, the following are also defined as "Customer Work" and (i) shall be performed by Customer, and (ii) ATI shall have no responsibility for such Customer Work, which work is expressly excluded from the ATI Work:
• Internet access from customer's internet modem to Ventilation Control Panel for remote accessing of control system. (Must be done before we arrive for startup);
• Provide air -tight range envelope for each shooting bay; • Provide T -Bar ceiling from range safety ceiling to radial diffusers; • Based on equipment submittal data, provide appropriately sized gas piping, meters, regulators, and final gas hookups to range HVAC equipment;
• 120 -volt power to the control panel, control conduits, and dedicated analog phone line to DDC panel; • Dedicated 120 -volt circuit to the control pipe and wire for the evaporative cooler section fill and drain valves; • Labor and hardware to install DDC control panels in the building and on the roof; • Provide all required plumbing connections to range HVAC equipment • Provide all penetrations, patching and roofing;
• Cutting, coring and/or patching of any wall surfaces, roof surfaces, and or concrete (if applicable); • Based on equipment submittal data, provide all concrete pads (if applicable) for range HVAC equipment. • Structural engineering, supports, pads, rooftop equipment rails, etc.; • Acquire all permits (ATI does not acquire or pay for any fees to pay for permits); • Install low voltage conduits for Action Target installed controls per LV conduit locations and sizes • Pull ATI provided low voltage control wires per pull chart on range ventilation drawings • Install Action Target provided variable frequency drive(s) VFD's; • Install Range Ventilation Control Box(s);
• Install Range Ventilation Display(s);
• Install and terminate all high voltage wiring for exhaustfan(s) • Install and terminate all high voltage wiring for make-up airfan(s) • Provide and install needed disconnects (non-fused) for make-up air units, exhaust fans, and VFDs per local code and manufacturer's requirements;
• Install and terminate high voltage for all Range Ventilation Control Box(s), make-up air control(s), and Variable Frequency Drives (VFDs)
• Install high voltage for controls (Range Ventilation Control Box(s) and Make-up air control; • Provide and install CAT6 cable from customer's network modem to Range Ventilation Control Box(s) • Electrician will either pull provided wire for low voltage wiring or assist ATI technician in pulling wire when on site for commissioning of range; and
• The insulation and jacketing of supply and exhaust exterior ductwork. • Life safety devices including duct smoke detectors
In the event ATI is providing an Evaporative Ventilation System as part of the ATI Work, Customer acknowledges and agrees the air conditioning component of such Ventilation System will include an evaporative cooling system rather than a refrigerant based mechanical cooling system. Accordingly, where high outdoor temperatures and/or high humidity exist, the air temperature in the facility may not cool down to the level of comfort that could be achieved with a refrigerant based mechanical cooling system, even though the evaporative cooling system is functioning in accordance with applicable laws. The Customer agrees and acknowledges these limitations are inherent in an evaporative cooling system, and agrees that the existence of such conditions shall not be a defect in ATI's Work.
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ATTACHMENT 6
ATI PRELIMINARY DRAWINGS
The ATI Preliminary Drawings (defined in Section 4 of Attachment 1) which generally and preliminarily reflect and describe ATI's Work are those identified below. ATI's Work is more particularly identified in Attachment 5.
Drawing
Reference No.
Drawing Date
Placentia PD 75 RevO 10/04/22
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ATTACHMENT 7
ARMORING
To the extent included as part of the ATI Work in Attachment 5, certain areas may be designated ballistic or armored for "point blank" type impacts ("Armoring") as ATI Class 1 or ATI Class 2 (either Glass or Solid), as follows:
Material
Rating
Range Use
Max
Velocity
Max Energy
Compliance
Glass
Solid
ATI Class 1 Pistol 1,485 fps 1,175 ft. -lbs. Meets or exceeds UL 752 Level 3 and EN1063 BR4(S) Ranges standards
ATI Class 2 Rifle Ranges 3,388 fps 3,600 ft. -lbs. Meets or exceeds EN1063 BR5(S) standards ATI Class 1 Pistol 1,485 fps 1,175 ft. -lbs. Meets or exceeds UL 752 Level 3 standards Ranges
ATI Class 2 Rifle Ranges 3,388 fps 3,600 ft. -lbs. Meets or exceeds UL 752 Levels 5, 7, 8, 9, & 10 standards
ATI Armoring is not rated for armor -piercing rounds or atypical ammunition. Customer understands, acknowledges and agrees that (i) ammunition can vary significantly, even within different rounds of the same caliber (depending on the selection of projectile material and weight, muzzle velocity, manufacturer, etc.), (ii) it is Customer's responsibility to ensure that ammunition used in a Firing Line Area or Tactical Area does not exceed the max velocity and/or max energy for which the area is rated, (iii) Customer shall be solely responsible for the improper use of ammunition and weapons by Customer Parties or others by exceeding the operational and/or functional scope for which the ATI Materials in the a Firing Line Area or Tactical Area are intended, and (iv) the ATI Repair Warranty (provided in Attachment 1, Section 7) shall be void for all purposes in the event of a Bullet Strike (defined in Attachment 1, Section 12) to Armoring that exceeds the allowable max velocity and/or max energy specified.
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ATTACHMENT 8
CORE PRODUCTS COVERED UNDER THREE-YEAR WARRANTY
Core Products include:
• DRM Pro
• Genesis Target Retriever
• Pilot Target Retriever
• Guardsman Shooting Stalls
• Defender Shooting Stalls
• Sentry Shooting Stalls
• American Shooting Stalls
• Vortex Steel Trap with Buckets or 20G BCS
• Rubber Berm Trap
• Baffles/Deflectors
• Electric Turning Targets
• Pneumatic Targets
• Controls
• AutoTargets
• Shoot Houses — MATCH and TAC House
• Line of Fire
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ATTACHMENT 9
CONSUMABLES
Product Consumable
DRM Pro + Track Runner
Pulleys, cable, wheels, bearings, springs,
fuses, track and supporting hardware
Genesis/Pilot Target Retrievers
Wheels, armor, track and supporting
hardware, fuses
SRET
Cable, wheels, armor, track, supporting
hardware, fuses
Stalls
Steel panels, glass panels, wood panels, abs
liner, table top
Vortex / TCT 4D
Top and bottom impact plates, joints, and
hardware. S1 plates, joints, and
hardware. Chamber rear shells, gaskets, top
mouths and hardware. Chamber deflectors
(TCT 4D only)
Rubber Berm Trap Rubber, fins,
Baffles and Deflectors Fascia, plywood, Z-furrings, hardware Ventilation
Belts, filters, bearings (bearings that fail
prematurely would be considered covered if
they were deemed to be defective. Bearing
failure due to EDM pitting (which is caused by
a VFD) that does not have proper shaft
grounding usually would not be covered)
Lights I NA
Electric Mancom Turners (fixed electric
+ fixed lateral)
Couplings, bushings, down rigger, target
clamp and clutch, acrylic light lens (where
applicable).
Pneumatic Targets
Exposed clamp, ballistic shield, c -rods, roll
pins, filters.
Air Compressors
Belts, hoses, compressor oil, filters and filter
packs
SCS Shear bolts, bearings, uptake gasket
Match / Tac House Fascia, plywood, Z-furrings, hardware Controllers (DCU & Turning Targets)
AutoTargets Steel and rubber fascia of shield, targets
Line of Fire
Ballistic plates and joint strips. See each
target's individual section.
Dust Collection Unit
Filters, belts and hoses where applicable (on
air compressor)
BY INITIALING BELOW, CUSTOMER AND ATI ACKNOWLEDGE AND
AGREE TO THE PROVISIONS SET FORTH ON THIS PAGE
Customer Page 19 of 19 ATI
ACTION TARGET PROPOSAL
Exhibit 1
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ACTI O NTM
TARGET
ACTION TARGET PROPOSAL
Placentia PD 4 Lane 25 Yard Tactical, Oct 2022
Updated HVAC
Quotation Number: 135633/137601
Prepared by: Chris Hart
A C T I 0 N TM 3411 Mountain Vista Pkwy, Provo Ut 84606 TARGET ActionTarget.com 1 888.377.8033
PRICING TABLES
COMPLETE SHOOTING RANGE EQUIPMENT PACKAGE
Price
4 Lane 25 Yard Tactical Indoor Range - 19' wide
- Rubber berm trap w/ Class A Fire Treatment
- Fully tactical rifle rated ceiling baffles w/ white acoustical tile fascia - Wall baffles w/ Acoustical Rubber Tile Fascia - 20' long x 8' high both side walls in front of bullet trap - (4) Fixed Lateral electric turning targets w/ tablet master control -Acoustical Treatment PEPP on all side walls and back wall - 1640 sq -ft Includes Full Prevailing Wage Installation by Action Target Includes Ground Freight Delivery (-85,000 lbs)
Includes Trusted Partner Full 3 year warranty on range equipment Includes Taxes
Trusted Partner 3 -Year Warranty on Range Equipment
- Comprehensive Trusted Partner Warranty covers both parts and labor due to manufacturing or product defects.
(HVAC system carries manufacturer's standard warranty)
Purge Style HVAC System with Heatina and Evaporative Cooling - Direct fired gas heating and evaporative cooling
- Laminar air flow of 75 ft. per minute.
- Customized DDC controller
- Custom -fabricated radial diffusers.
- Meets or exceeds all NIOSH, OSHA, and NRA range and lead safety standards Updated Oct 2022 - Added supplemental electric duct heater for sufficient heating with 208 Volt $426,850.00
$0.00
$282,500.00
$0.00
Total $709,350.00
TERMS & CONDITIONS
Action Target Inc. may be referred to as 'Action Target" or 'ATI" throughout this proposal.
PROPOSAL DATE Oct 24, 2022
PROPOSAL VALIDITY 30 days from Oct 24, 2022
PAYMENT TERMS
SHIPPING TERMS
DELIVERY &
INSTALLATION
TERMS
ACTION TARGET
RESPONSIBILITIES
1. Schedule of Values
2. ATI reserves the right to adjust installation costs based upon the actual site conditions encountered.
3. Unless explicitly itemized, price does not include bonds, fees, assessments, licenses, permits, mandatory wage requirements, other regulatory costs that may be applicable to the job site, or anything else not expressly identified in this proposal.
4. Price applies to range equipment and systems only. It does not include site preparation, construction, trusses/baffle supports, electrical, conduit, or any other work not directly contained in ATI's scope of work.
1. FOB destination: prepaid.
2. Shipping costs are estimates and subject to change; actual shipping costs will be subject to availability and rates at time of purchase.
1. Manufacturing shall take no fewer than 18 weeks.
2. Full factory installation.
3. Installation cost is based upon having forklift and scissor lift access. If forklift and scissor lift access is not available, the installation cost will increase.
1. Consultation and recommendation of optimal range design.
2. Design of ranges for complete ballistic containment.
3. Procurement, engineering, cutting and painting of ballistic steel plate.
4. Manufacture of targets and control systems.
5. Provision of sound attenuation material as called out on ATI drawings.
6. Design, engineering, and supply of HVAC systems provided by ATI. (if applicable to this project)
CUSTOMER
RESPONSIBILITIES
1. Engineered stamped drawings for all hanging points, seismic engineering/components and/or ATI provided equipment.
2. Permits, licenses, special insurance requirements, bonds (when applicable), regulatory costs, or any other special fees unknown at this time.
3. Concrete work including slabs, footings, and walls, floor trenching and wall notching (if applicable).
4. Structural work of any kind, including structural supports, canopies, etc.
5. Engineering of ceiling or roof structures, trusses, beams cross -members, columns or pillars to accommodate baffle, trap, target systems, lighting and HVAC equipment weight loads. Weights and load points will be provided in ATI drawings for utilization by the general contractor, engineer or architect.
6. Drop ceiling behind the safety ceiling at the firing line or other light fixtures in this area.
7. Temporary lighting and power (including 3 phase, if necessary).
8. Supplying of electrical services, electrical outlets, conduit(s), junction boxes, disconnects, stub -outs and lighting of any kind.
9. 120 -volt power to the control panel, control conduits, and dedicated analog phone line to DDC panel, labor to assist ATI's control technician with pulling in all necessary low voltage cable (all control conduits are required to have pull strings installed prior to arrival of ATI's start-up technician), labor and hardware to install DDC control panels in the building and on the roof, dedicated 120 -volt circuit to the control pipe and wire for the evaporative cooler section fill and drain valves.
10. Power and disconnect switches to all equipment per local code and manufacturer's requirements on the equipment, VFDs for the electrical contractor to mount and wire (ATI will only supply low voltage wire connections).
11. Range lighting controls and wiring. (unless specifically called out in quote)
12. Gas, water, and drain piping to the ventilation equipment set by ATI;
13. Cutting, coring, sealing and/or patching of any wall surfaces, roof surfaces, and or concrete (if applicable).
14. Additional fees related to "customization" of product or work otherwise identified as "custom".
15. Action Target MUST have temporary Internet access at the facility to program HVAC controls. HVAC maintenance personnel must be present for commissioning to learn troubleshooting for post sign -off.
16. Any other work, materials or equipment that is not expressly included in the ATI Work.
17. Disposal of construction waste.
18. Wash area and restroom facilities.
CONFIDENTIALITY This proposal is submitted by Action Target Inc. Any and all information, drawings, specifications COPYRIGHT & and other design documents contained herein is the property of Action Target Inc. and shall not REPRODUCTION for any reason, whether tangible or intangible, be disclosed, duplicated, or used, in whole or in part, for any reason other than to evaluate this quote.
TERMS & CONDITIONS This is a summary of standard Action Target Inc. Terms and Conditions. Action Target Inc.
CLAUSE reserves the right to change, modify or add to these Terms and Conditions in the final customer contract.
TRUSTED PARTNER WARRANTY'":
3 -YEAR COMPREHENSIVE COVERAGE
Action Target's 3 -year Trusted Partner Warranty is peace of mind for gun ranges.
It is uninterrupted training for those that serve. It is a resounding pledge from Action Target to its customer's success as the Trusted Partner at Every LeveITM.
Our Promise
The comprehensive Trusted Partner Warranty covers both
parts and labor due to manufacturing to product defects.
CORE PRODUCTS COVERED
• Genesis" Target Retriever • Vortex" Steel Trap
• Pilot" Target Retriever • Baffles and Deflectors
• SmartRange Axis" Range control • Turning targets
• DRM Pro" • Auto Targets"
• Shooting Stalls • MATCH"
• Rubber Berm Trap • TAC Houser"
• Line of Firer"
LEARN MORE
ActionTarget.com/TrustedPartnerWarranty
RUBBER BERM TRAPTM
NOT ALL RUBBER BERM TRAPS ARE BUILT ALIKE
Action Target's Rubber Berm Trap has numerous attributes that set it apart from the competition. For example, the trap is engineered with a uniquely designed galvanized steel frame that holds rubber in place to safely capture rounds. The rubber can also be treated with a flame -resistant formula to provide maximum fire protection.
Rubber Granules
Action Target's styrene -butadiene rubber gran-
ules are available in a variety of sizes and grade
options to fit the needs of any range.
Fire Treatment
Action Target provides optional Flame Lock"
flame -resistant treatment. This gives rubber
granules an ASTM -E84 and ASTM -E108-11 Class
A rating, which is the industry's best fire rating.
Self -Supporting Frame
The Rubber Berm Trap is the safest rubber trap
available. The self-supporting berm frame is
designed to IBC standards.
LEARN MORE
ActionTarget.com/RBT
FEATURES
• Internal Frame Design
• Industry's Best Fire Rating
• Patented Fin Design
Patented Fin Design
The Rubber Berm Trap's patented fin design
keeps the rubber at a depth that is safe for
shooters and reduces trap maintenance.
Sidewall Protection
Customers may opt for AR steel sidewalls to
prevent bullets from damaging the range walls.
Integrated Baffles
Optional overhead baffles are available for
additional protection of the building structure.
Baffles can also be positioned as a hopper
feeder for granule distribution.
• Clean and Quiet
• Harvested Rubber Granules
• Optional .50 BMG Rating
CEILING BAFFLES
COVERAGE YOU CAN COUNT ON
Using a patented design, Action Target's ceiling baffles provide ballistic protection for ceiling structures, lights, electrical, and ventilation systems while keeping shoot- ers and range employees safe.
Customizable
Action Target's ceiling baffles are compatible
with various fascia options, range sizes, and
ballistic ratings.
Modular Design
Ceiling baffles are designed to make installa-
tion possible in small spaces and facilitate the
replacement of individual parts.
Sound -Reducing Fascia
A variety of available baffle fascia options
improve comfort for range users and customize
the look of a shooting range.
Air Gap
A steel furring within the baffle creates an air
gap for bullets to splatter.
Wood Panel
A layer of wood over the baffle contains bullet
splatter, keeping shooters and range staff safe.
LEARN MORE
ActionTarget.com/Ceiling-baffles
FEATURES
• Engineered Deflection Angles
• Modular
• Prevents Splatter
• AR500 Steel
Ballistic Steel Baffles
Steel baffles prevent bullets from escaping the
range. ATI Class 1 (handgun) and ATI Class 2
(rifle) options are available.
Outdoor Applications
Ceiling baffles may be installed in outdoor
settings with an overhead structure.
Configurations
Ceiling baffles are installed to provide complete
overhead ballistic coverage in either fixed firing
line or tactical ranges, allowing shooters to
move up and down the range safely. Structural
stamps are available upon request.
• Customizable
• Acoustic Fascia
• Protects Ceiling -Mounted Equipment
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WALL BAFFLES
KEEP ERRANT ROUNDS SAFELY CONTAINED
A critical safety priority for any indoor range is making sure bullets cannot escape outside the range. Wall baffles provide an extra level of protection to wall structures and ensure that all rounds are contained within the range.
Safe
Wall baffles provide ballistic protection for wall structures and can contain thousands of rifle and handgun bullets, preventing errant rounds from escaping the shooting
range.
Customizable
Action Target's wall baffles are compatible with various fascia options, range sizes, and ballistic ratings.
Modular Design
Individual baffles may be replaced as necessary, which
keeps maintenance costs low.
Fascia
Wall baffle fascia helps contain splatter and provides
sound abatement for the range.
Wood Panel
A layer of wood over the baffle contains bullet splatter, keeping shooters and range staff safe.
Air Gap
A wood or steel furring within the baffle provides space for bullets to splatter.
Ballistic Steel Baffles
Steel baffles prevent bullets from escaping the range and protect structural walls from projectiles fired at oblique angles. ATI Class 1 (handgun) and ATI Class 2 (rifle)
options are available.
Wall Deflectors
Wall deflectors are installed in front of the bullet trap and over wall seams to keep rounds within the range. Deflectors are comprised of two components that are precisely engineered to direct rounds downrange. Deflectors are also designed with replaceable wear plates.
LEARN MORE
ActionTarget.com/Wall-Baffle
FEATURES
• Prevents Splatter
• Customizable
• Modular
• 180° Training
FIXED LATERAL 360
UNIQUE FEATURES, ADVANCED TRAINING
The Fixed Lateral 360 system allows inverted targets to be repositioned laterally along a fixed rail, spaced apart or in groups, without the use of tools. Used in conjunction with the DRM ProTM target system, these targets can represent bystanders or threats to simulate real-world scenarios. 360° Turning
Targets can turn 90, 180, and 360 degrees
the blink of an eye.
Ballistic
Exposed downrigger is built using AR500 steel
to resist damage from bullets.
Quiet
in Electric motor operates quietly, preventing
shooters from anticipating movement.
Connected
Integrates with our range control software for
advanced features and functionality.
LEARN MORE
ActionTarget.com/Fixed-Lateral-360
FEATURES
• 360° Turning
• Ballistic AR500 Steel Downrigger
• Connected to Range Control
• Advanced Quick Release Clamp
• Lateral Repositioning
• Electrical
PEPP
PEPP PANELS FOR SOUND ABATEMENT
PEPP is a cleanable acoustic panel that can be attached directly to range wall and ceiling surfaces for attractive and effective sound control.
Durable
PEPP can be used both indoor and outdoor. It is
moisture-, impact-, bacteria-, and fungi -resistant. It is also resilient to oil, chemicals, flames, and sagging.
High Performance
PEPP is Class A fire -rated per ASTM E84 and also has
high STRC and NRC ratings.
Configuration
Can be installed on both range wall and ceiling
surfaces.
OACTION,„
TARGET
FEATURES
Washable
The non-fibrous and non-abrasive lightweight surface
does not contain fiberglass and is easily cleanable.
Strong
This sound -silencing material is resilient and flexible.
PEPP is durable, tackable, and is made of a strong
rigid material that can capture rounds without rico-
chet or splatter.
LEARN MORE
ActionTarget.com/Sound-Abatement
• Available in Both Charcoal and White Finish
• Both 1" and 2" Thickness
• Both Straight Edge and Beveled Edge Finishes
■ High STRC and NRC Sound Rating
• Non -Fibrous, Resistant Material
• Class A Fire Rated
• Lightweight and Easy -to -Clean
■ Outdoor and Indoor Usage
HVAC
VITAL TO SAFETY AND COMFORT
Proper ventilation is essential to the shooter's experience and provides a safe atmosphere for employees and customers. Action Target provides 180 -degree ceiling -mounted air delivery ventilation systems that exceed OSHA, EPA, and NIOSH regulations. Both purge and recirculation systems are available, as well as systems with heating and/or cooling. Ventilation systems can be installed indoors and outdoors.
SmartRange AxisTM Control
Action Target's ventilation systems seamlessly inte-
grate with SmartRange Axis range control software.
This software provides an intuitive digital display of the ventilation system, including real-time filter life data and remote servicing capability.
Purge System
A purge ventilation system draws air into the range,
filters it, then releases cleaned air back into the
atmosphere.
Recirculation System
A recirculation ventilation system filters and reuses air within the range. These systems require less energy to
function because the reused air is already cooled or
heated.
LEARN MORE
ActionTarget.com/Ventilation
FEATURES
• SmartRange Axis Compatible
Laminar Diffusion
Ventilation systems introduce clean air to the range
behind the shooting line. A radial diffuser ensures the air is evenly distributed.
Air Flow
Ventilation systems create negative air pressure to
draw hazardous dust -filled air away from the shooter
and toward the bullet trap. From there, the air enters a filtration system for a final cleaning process.
Filtration
Ventilation systems filter and collect contaminated air, meeting OSHA, EPA, and NIOSH requirements.
Climate Control
Ventilation systems adapt to changing environmental
conditions to maintain required air speed and pressure
conditions.
• Exceeds OSHA, EPA, and NIOSH Regulations
AFTERMARKET SERVICES
TURNKEY CONVENIENCE, COMPLIANCE, AND SAFETY
Managing a range requires a lot of effort and attention to detail. Action Target eliminates much of that effort with our turnkey range solutions. from scheduled maintenance and cleanings to managing metals recycling and compliance documentation, Action Target's services streamline your operations.
Recycling & Disposal Programs
Metals Recycling
Recycling your metals with Action Target is easy and efficient. Sim- ply contact Action Target to schedule a pickup. We will be there within 72 hours, at which time your London Metals Exchange (LME) spot pricing will be locked in.
• Fast and Convenient Pickup
• Simple Brass and Lead Packaging
Best in Class Payment Structure and Loyalty Bonus
10% BONUS for Acton Target equipment and services
Rubber Berm Trap Cleaning
Transparent pricing
Action Target uses a simple, transparent, all-inclusive pricing structure based on the size of your trap to give you the best return on your metals. 100% of the metals value belongs to you. Opt for a check or credit at our store with a 10% loyalty discount. Store credit can be applied to Action Target products, services, and range equipment.
Range Waste Disposal
Genesis is connected to SmartRange Axis'^ range control software through Action Target's cloud network. This
allows Action Target to update content remotely, trouble- shoot on the fly, and provide expedited cutomer support.
Proprietary Process
We have developed a proprietary process to clean your rubber berm traps with the safety and profitability of your range in mind.
Convienence
This complete turnkey solution integrates with our Metals Recy- cling and Filter Disposal Programs. We also provide all the neces- sary containers, pallets, packaging, and other transport materials, simplifying your role in the process.
Maintenance & Cleaning Programs
Range Visits
Action Target works with you to build a plan that determines the appropriate number of annual visits your range requires. These visits include a number of specialized services to keep your range running at peak condition.
Range Cleaning
With staff and client safety as our top priority, we provide cleaning services to help you maintain a safe and sanitary range.
Action Target Store
Paper and Cardboard Targets
With more than 1,000 target designs, we offer a greater selection than anyone else in the industry.
Target Backers
We stock a variety of backers to fit any target system.
Steel Targets
- We offer a wide variety of innovative steel targets.
Eye and Ear Protection
Keep your customers safe with quality ear and eye
protection designed for target shooting and tactical
situations.
Range Maintenance
We provide resources to help you maintain your range. From maintenance schedules to operation and maintenance manuals, we ensure you are prepared to properly care for your equipment. t1 Firearm Storage and Cleaning
OKeep your rental guns secure and working smoothly with our selection of firearms storage, cleaning, and lubrication gear. •iii::
Range Cleaning Products
Keep your range safe and clean with products designed to remove lead from hands, shoes, floors, and other surfaces.
HVAC Filters
Customer Support
24/7 Support
Action Target Customer Service is always on call and ready to help with warranty issues, replacement parts, and anything else you need to keep your range running at peak performance. We stand behind our work and we stand behind you.
Nation -Wide Representatives
Regionally -located customer service technicians provide fast indus- try-leading service in all states.
Remote Access
Many of our products are remotely -accessible, allowing our team to quickly troubleshoot and provide assistance. This speeds up the mainte- nance process, ensuring minimum downtime.
Specifically designed to filter lead and high loading condi- tions found in indoor firing range applications.
Inventory
We maintain a parts inventory to minimize service lead times. Addition- ally, our team works with you to ensure you have the necessary parts on-site to maximize the effectiveness of technician visits. 3 -year Warranty
We at Action Target stand behind our products with the industry's best warranty. Our 3 year trusted partner warranty is 3x the protection of industry -standard warranties and 3x the peace of mind for customers.