HomeMy WebLinkAboutStandard Conditions Agreement with TRS Range Services for Police Department Preliminary Site Design and Budget EstimationCertified 8(a) Small Business
TRS RANGE SERVICES
NOVEMBER 1, 2007
Cpt. Jeff Lavey
Interim Chief
Meridian Police Department
1401 E. Watertower
Meridian, ID 83642
RE: Preliminary Site Design and Budget Estimation
Dear Cpt. Lavey;
TRS Range Services, LLC (TRS) is pleased to provide you with the following cost proposal to
complete the identified scope of services for an indoor small arms firing range to be located
adjacent to the existing Meridian Police Department facility. The following summarizes the Scope
of Services that TRS will provide as part of this project:
Preliminary Site Design
The following products will be delivered for the cost listed below:
• Preliminary conceptual design of a 50-yard indoor firing range with 35 firing positions,
range observation area, storage, office space and restroom and classroom facilities.
Deliverables will be conceptual drawings and electronic files showing plan and elevation
views of the range.
• Preliminary cost estimate for construction of the range.
Cost
TRS will provide the labor, material and equipment for the scope of work summarized above for a
fixed price of $4,000.00.
The costs are based on award of the project within 30 days of the proposal date. Payment is
required within 20 days of the invoice date. Attached is a copy of TRS standard terms and
Conditions that are incorporated into this proposal. If the conditions are acceptable, please
forward the Project Authorization or City Purchase Order to:
Noreen Powers
TRS Range Services
1739 Maybank Hwy, Ste B
Box 326
Charleston, SC 29412
Or fax to:
843.795.2144
If you have any questions, please contact meat 843-795-3860. Your contact for the design work
is Brandt Elwell at 208-949-4244.
Sincerely,
~~ ---
6't-fit. A-tom',.
Noreen Powers
TRS RANGE SERVICES
TRS RANGE SERVICES, LLC
228 E. Plaza St Ste B211 Eagle, Idaho 83616.208-938-2891 •208-938-2892 fax
1739 Maybank Hwy, Ste B Box 326 Charleston, South Carolina 29412 •843-795-3860 •843-795-2144 fax
TR$ RANGE $ERV/CES Certified 8(a) Small Business
TRS RANGE SERVICES, LLC (TRS) STANDARD CONDITIONS
1. SERVICES. TRS shall provide professional services in accordance with the agreed upon scope of work.
2. EXECUTION. This Agreement becomes effective upon signatures by authorized representatives of the Client and TRS and
upon receipt by TRS of a signed original or facsimile trnnsmittal. If facsimile trnnsmittal is initially sent to TRS, Client will provide
TRS with a signed original for record as soon as prncticable.
3. INITIATION. TRS is authorized to proceed with services upon receipt of an executed Agreement or written Notice to
Proceed.
4. COMPLETION/TERMINATION. This Agreement shall remain in force until completion and acceptance of the services or
until terminated. The Client and/or TRS may ternrinate this contrnct upon 10 days written notice. In the event of such terntination,
TRS will be paid the portion of the compensation (and fixed fee, if applicable) for services performed in accordance with the scope of
services under the terms of this Agreement to the date of ternunation together with all costs arising out of such terntination.
Continuing Service Agreements shall be reviewed annually for rntes and shall remain in force until terminated in writing by either
party, or otherwise stipulated contractually.
5. STANDARD OF CARE. Services provided by TRS under this Agreement will be performed in a manner consistent with that
degree of care and skill ordinarily exemised by members of the same profession currently practicing under similar circumstances.
TRS makes no warranty or guaranty, either express or implied.
6. INDEPENDENT CONSULTANT. TRS is and shall be at all times during the term of this Agreement an independent
consultant and not an employee or agent of the Client.
7. COMPLIANCE WITH LAWS. TRS will endeavor to comply with Federnl, State, and local laws and ordinances applicable
to the services to be provided under this Agreement.
8. COLLECTION COSTS. In the event legal action is necessary to enforce the payment provisions of this Agreement if Client
fails to make payment within sixty (60) days of the invoice date, TRS shall be entitled to collect from the Client any judgment or
settlement sums due, reasonable attomeys' fees, court costs and expenses incuned by TRS in connection therewith and, in addition,
the reasonable value of TRS's time and expenses spent in connection with such collection action, computed at TRS's prevailing fee
schedule and expense policies.
9. OWNERSHIP OF DOCUMENTS. Drnwings, specifications, reports, progrnms, manuals, or other documents, including all
documents on electronic media, prepared under this Agreement are instruments of service and are, and shall remain, the property of
TRS. TRS will retain all common law, statutory, and other reserved rights, including the copyright thereto. TRS shall not be held
liable for reuse of documents or modifications thereof by the Client or its representatives for any purpose other than the original intent
of this Agreement, without written authorization of and appropriate compensation to TRS
10. SITE VISITS/OBSERVATION. If included in the Scope of Work, TRS shall visit the project and/or construction site at
appropriate intervals to become generally familiar with the progress, quality of work (contrnctors' work), and to determine if the work
is proceeding in general accordance with the Contrnct Documents. Visits to the project site and observations made by TRS as part of
services during construction under Agreement shall not make TRS responsible for, nor relieve the construction contrnctor(s) of the
obligation to conduct comprehensive monitoring of the work sufficient to ensure confomtance with the intent of the Contract
Documents, and shall not make TRS responsible for, nor relieve the construction contrnctor(s) of the full responsibility for all
construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the
work under the construction contract(s) and for all safety precautions incidental thereto.
11. EQUAL OPPORTUNITY EMPLOYMENT. TRS will comply with federnl regulations pertaining to Equal Opportunity
Employment. TRS is in compliance with applicable local, state, and federnl regulations concerning minority hiring. It is TRS's policy
to ensure that applicants and employees are treated equally without regard to rnce, creed, sex, age, color, religion, veternn status,
ancestry, citizenship status, national origin, marital status, sexual orientation, or disability. TRS expressly assures all employees,
applicants for employment, and the community of its continuous commitment to equal opportunity and fair employment practices.
TRS's equal opportunity employment policy applies to all phases of employment, including recruiting, hiring, job assignment,
supervision, trnining, upgrading, transfer, compensation, benefits, promotion, education, recreation, layoff and ternrination.
12. INSURANCE. TRS will maintain the following levels of insurance during the teen of this Agreement.
a. Worker's Compensation (and Employer's Liabiliri Insurance) - as required by applicable state statute.
b. Commercial General Liability - $1,000,000 per occurrence for bodily injury, including death and property damage, and
$2,000,000 in the aggregate.
c. Professional Liabilit~(E&Ol and Professional Pollution Liability and Contractors' Pollution Liability -.
13. INDEMNIFICATION/HOLD HARMLESS. To the fullest extent pemvtted by law, TRS shall indemnify and hold harmless
Client, Client's officers, directors, partners, employees and agents from and against any and all claims for bodily injury and for
damage to tangible property caused solely by the negligent acts or omissions of TRS or TRS' officers, directors, partners,
employees, agents and TRS consultants in the performance and furnishing of TRS services under this Agreement. Any
indemnification shall be limited to the terms and amounts of covernge of TRS insurance policy.
To the fullest extent perntitted by law, Client shall indemnify and hold hamiless TRS, TRS officers, directors, partners,
employees, and agents and TRS consultants from and against any and all claims for bodily injury and for damage to tangible
property caused solely by the negligent acts or omissions of Client or Client's officers, directors, partners, employees, agents,
and Client's consultants with respect to this Agreement on this Project.
In addition to the indemnity provided under this section, and to the fullest extent pernutted by law, Client shall indemnify and hold
harmless TRS and its officers, directors, partners, employees, and agents and consultants from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitrntion or other dispute resolution costs) caused by, arising out of, or relating to the presence, discharge, release, or escape of
asbestos, PCBs, petroleum, hazardous waste, or rndioactive material at, on, under or from the Project site.
TRS RANGE SERVICES, LLC
228 E. Plaza St Ste B211 Eagle, Idaho 83616 •208-938-2891 •208-938-2892 fax
1739 Maybank Hwy, Ste B Box 326 Charleston, South Carolina 29412 •843-795-3860 •843-795-2144 fax
TR$ RANGE $ERV/CE3 Certified 8(a) Small Business
14. LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the project to both the Client and TRS, the
risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of TRS and its
subconsultants to the Client and to all construction contractors and subcontractors on the project for any and all claims, losses, costs,
damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of TRS and its
subconsultants to all those named shall not exceed $50,000 or the amount of TRS's total fee paid by the Client for services under this
Agreement, whichever is the less. Such claims and causes include, but are not limited to negligence, professional errors or omissions,
strict liability, breach of contract or warranty.
15. DISPUTES. Mediation is an express condition precedent to the filing of any legal action. Unless the parties agree otherwise,
the mediation shall be conducted pursuant to the Constmction Mediation Rules of the American Arbitration Association.
16. ATTORNEY FEES. Should there be any suit or action instituted to enforce any right granted in this contract, the substantially
prevailing party shall be entitled to recover its costs, disbursements and reasonable attorney fees from the other party. The party who
is awarded a net recovery against the other shall be deemed the substantially prevailing party unless such other party has previously
made a bona fide offer of payment in settlement and the amount of recovery is the same or less than the amount offered in settlement.
Reasonable attomey fees maybe recovered regardless of the foram in which the dispute is heard, including an appeal.
17. FORCE MAJEURE. The Consultant shall not be responsible for delays caused by the Client's failure to furnish necessary
information or to approve or disapprove the Consultant's work promptly as requested or for delays resulting from late, slow, or faulty
performance by the Client, other contractors or consultants of the Client, or government agencies whose performance of work is
precedent to or concurrent with the performance of the Consultant's work. The Consultant shall also not be responsible for any delays
in the performance of the work by reasons of strikes, lockouts, accidents, acts of God, or other causes beyond the Consultant's
reasonable contcol.
18. WARRANTY. Consultant warrants that the services to be rendered pursuant to this Agreement shall be performed in
accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or
similar services. It is further expressly provided that Consultant does not wanartt against and shall have no liability for the effects of
corrosion, erosion, or wear and tear of equipment and materials or failure of equipment and materials due to faulty operations by
Client or conditions of service more severe than specified in the design of the equipment and materials. Except as hereinafter
provided in respect of personal injury or property damage, the foregoing are Consultant's entire responsibilities and Client's exclusive
remedies for services rendered or to be rendered hereunder, and no other warranties, guarantees, liabilities or obligations are to be
implied.
Consultant shall use its best efforts to negotiate on Client's behalf express guarantees, warranties and patent indemnity undertakings,
to the extent available from vendors and manufacturers, and Consultant's sole responsibility with respect to equipment and materials
procured or furnished by Consultant is expressly limited to assisting Client at Client's written request and expense, in enforcing such
express guarantees, warranties and undertakings.
I have read and fully understand and agree to the standard terms provided. The proposal
dated !l-f.~~ is incorporated into this ageement.
Initials
Name/Tit~~ e ~ ~Y~•~ , ~si ~j ~ /0/~GFi ~-
Date
/~-~3-v 7
~~~~ ti~ li'i!-~ Cam.-,".~ C!-t 3- v 7
TRS RANGE SERVICES, LLC
228 E. Plaza St Ste B211 Eagle, Idaho 83616 •208-938-2891 •208-938-2892 fax
1739 Maybank Hwy, Ste B Box 326 Charleston, South Carolina 29412 •843-795-3860 • 843-795-2144 fax