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HomeMy WebLinkAboutContract Addendum TRS Range Service Agreement for redesign of indoor rangeTRS RANGE SERV/CES Certified 8(a) Small Business AUGUST 5, 2008 Jeff Lavey Chief of Police Meridian Police Department 1401 E. Watertower Meridian, ID 83642 RE: Contract Addendum for Revisions of Preliminary Indoor Range Design Dear Chief Lavey; Per your request, TRS Range Services will provide revisions to the original designs for and indoor range dated February 2008. The following revisions will be incorporated into the site design and cost estimate for the indoor range facility. Revised Site Design The following revisions will be completed for the existing site design: • Removal of the 50 Yard rifle range from the design. • Redesign the 25 yard pistol range as a non-fully enclosed type range and remove the air handling system from the design. • Adjustment of classroom and office facilities to available building space. • Revised cost estimate for construction of the range. Deliverables TRS will provide the Meridian Police department with a set of revised drawings and a revised cost estimate for the indoor range. Cost TRS will provide the labor, material and equipment for the scope of work summarized above for a fixed price of $3,000.00. 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 me at 843-795-3860. Your contact for the design work is Brandt Elwell at 208-949-4244. Sincerely, y / ~~~~ I d't-~~ l Noreen Powers TRS RANGE SERVICES TRS RANGE SERVICES, LLC 228 E. Plaza St Ste 8211 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 TRS RANGE SERVICES Certlfled 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 transmittal. If facsimile transmittal is initially sent to TRS, Client will provide TRS with a signed original for record as soon as practicable. 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 terminate this contract upon 10 days written notice. In the event of such termination, 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 termination together with all costs arising out of such termination. Conflnuing Service Agreements shall be reviewed annually for rates 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 exercised by members of the same profession currently practicing under similaz circumstances. TRS makes no warranty or guaranty, either express or implied. 6. INDEPENDENT CONSULTANT. TRS is and shall be at all rimes 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 Federal, State, and local laws and ordinances applicable to the services to be provided under this Agreement. S. 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 attorneys' fees, court costs and expenses incurred 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. Drawings, specifications, reports, programs, 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 Gable 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 l0. 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 (contractors' work), and to determine if the work is procceding in general accordance with the Contract Documents. Visits to the project site and observations made by TRS as part of services during construction under Agreement shat not make TRS responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not make TRS responsible for, nor relieve the censttvction contractor(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 federal regulations pertaining to Equal Opportunity Employment. TRS is in compliance with applicable local, state, and federal regulations concerning minority hiring. It is TRS's policy to ensure that applicants and employees aze treated equally without regazd to race, creed, sex, age, color, religion, veteran 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, training, upgrading, transfer, compensation, benefits, promotion, education, recreation, layoff and termination. 12. INSURANCE. TRS will maintain the following levels of insurance during the term of this Agreement. a. Worker's Compensation (and Employer's Liability 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 Liability (E&O) and Professional Pollution Liability and Contractors' Pollution Liability -. 13. INDEMNIFICATION/HOLD HARMLESS. To the fullest extent permitted by law, TRS shat 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 coverage of TRS insurance policy. To the fullest extent permitted by law, Client shall indemnify and hold harmless TRS, TRS officers, directors, partners, employees, and agents and TRS consultants from and against any and aG 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 permitted 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 chazges of engineers, architects, attorneys, and other professionaLt and all court or arbitration 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 radioactive 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 TRS RANGE $ERV/CES Certlflt3d 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 linrit the liability of TRS and its subconsultants to the Client and to all constriction 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 TR5 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 Construction 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 attomey 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 may be recovered regazdless of the forum in which the dispute is heazd, 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, aceidents, acts of God, or other causes beyond the Consultant's reasonable control. 18. WARRANTY. Consultant warrants that the services to be rendered pursuant to this Agreement shall be performed in acwrdance with the standards customarily provided by an experienced and competent professional organization rendering the same or similaz services. It is further expressly provided that Consultant does not warrant against and shall have no liability for the effects of corrosion, erosion, or weaz and teaz 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, waztanties and undertakings. I have read and fully understand and agree to the standard terms provided. The proposal dated is incorporated into this agreement. ~'~Q. s ~ Name/T't ~-,y ~~~ Date 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