Shooting range construction company sues City of Eagle

The plans for an 80-acre shooting sports park on a 300-acre piece of land donated to the City of Eagle have been in the works for several years, beginning under former Mayor Jason Pierce. Currently, the City of Eagle plans to finish two archery ranges at the park, but has no budget to complete the multiple firearm ranges envisioned for the park.

The City of Eagle declined to comment on the suit because of ongoing litigation.

Project broken up into phases due to lack of funding

The complaint said TRS and Pierce discussed the company doing the design and the construction for the range in 2023.

The city did not have the funding to complete the project, so it would have to recruit private funders to cover the costs. TRS also started working to recruit private funds to cover the cost of the project, the company said.

The lack of city funds to immediately pay for the full cost of the project led TRS to separate its work to both design and build the range into separate phases. The initial scope of work for the project was limited to design and construction work for Phase 1 and Phase 2 of the range “not to exceed” half a million dollars, according to the complaint. This included the initial design of the site, public participation, and the cutting of the primary access road into the area. The second phase included the construction of the static and 3D archery ranges.

These first two phases are expected to be completed next year.

The full project would require at least five phases, with the potential for a sixth phase to construct a range specifically for law enforcement training. Other plans to come, which so far are not budgeted for, include completing the design of the full range up to 90%, cutting a road and storm drain to public shooting ranges, extending utilities to the site, parking lots, building berms, shade structures and adding restrooms. Later phases include shotgun ranges, classrooms, a simulation building and landscaping.

“The city was eager for TRS to begin work as soon as possible so that it could show potential private funders that the range was moving forward and the city was committed to the project,” the complaint said.

TRS: Eagle requested changes beyond contract scope, budget

TRS said it submitted its civil engineering plans for the first two phases of the project in June of 2023, which the city returned with multiple notes and requests for changes in Phases 3 and 4 of the range. This included more landscaping at the entrance, an emergency turn-around location, questions about security cameras and lighting that can’t be installed until utilities are put in, requirements for fencing and an entry kiosk, a monument sign, and additional parking at the entrance kiosk. TRS said the city also requested adding a children’s or ADA-compliant range “that was not previously identified in any phase.”

The complaint said after meeting with Eagle’s Long Range Planning Director Nichoel Baird-Spencer “it was clear” the city wanted all of its comments and requests addressed by the company, no matter what phase they were in. TRS said it spent “several months” working with the City of Eagle to understand all of the additional work requested.

“Under the contract, phases 1 and 2 did not include the full design of the range; the design requirements were limited to the first two phases only,” the complaint said. “TRS did not agree to design the entire range under the contract and the cost of the full design of the range was not included in the ‘not to exceed’ price of the contract.”

This included the City of Eagle requiring TRS to design and grade the full length of the road through the shooting sports park all the way to the potential law enforcement range, even if there were no immediate plans or budget for construction, the complaint said. The company also alleged the city refused to offer “specific feedback” on deficiencies in grading the area “thereby increasing the time and costs expended by TRS” and would only approve the plans if it included the work in the later, unfunded, phases of the project.

The complaint said it informed Baird-Spencer that these design changes were beyond the scope of TRS’s contract with the city and would push the company over budget, but the city continued to insist on the complete design plans beyond the first two phases of the project. Plans for the range were approved, including the extra design work in the later phases, in February of 2024 after Pierce left office.

TRS said it submitted an invoice to the City of Eagle separating the work it completed on the first two phases and for the design work on the later phases. The complaint said the City of Eagle paid TRS for the work it completed on phases 1 and 2 of the project, but refuses to pay the $357,065 owed on the design completed on phases 3 and 4.

“The city maintains possession of the 75% complete design plans for the range that address many aspects of phases 3 and 4, far beyond the scope of the contract.”