HomeMy WebLinkAbout20231572.tiffCmtvacfitipli-ioo3
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Shooting Range Evaluation by MT2
DEPARTMENT: Facilities
PERSON REQUESTING: Toby Taylor
DATE: 5-10-2023
Brief description of the problem/issue:
MT2 was asked if they would assess the as -built condition of the bullet traps at the shooting range to
determine if they would work safely and with minimal maintenance. And if not, what changes would be
recommended. Attached is their quote to perform this work.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Disapprove the evaluation
2. Approve the evaluation
Recommendation:
Approve Facilities to move forward with the evaluation.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Approve Schedule
Recommendation Work Session Other/Comments:
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Corse.noehda
0/5/23
2023-1572
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May 16, 2023
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Toby Taylor
Subject: Shooting Range Professional Consultation/Assessment
MT2 was asked if they would assess the as -built condition of the bullet traps at the shooting range to
determine if they would work safely and with minimal maintenance. And if not, what changes would be
recommended. To perform this assessment MT2 quoted the amount of $3,500.00.
Facilities is recommending approval of the $3,500.00 to perform this assessment.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND
METALS TREATMENT TECHNOLOGIES, LLC
RANGE CONSULTING SERVICES
THIS AGREEMENT is made and entered into this nay of , ki&Q, , 2023, by
and between the Board of Weld County Commissioners, on behalf of the Facilities Department,
hereinafter referred to as "County," and Metals Treatment Technologies, LLC, hereinafter
referred to as "Contractor".
WHEREAS, County desires to retain Contractor to perform services as required by County
and set forth in the attached Exhibit; and
WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to
perform the required services according to the terms of this Agreement; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the services as set forth below.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this
document and in the attached Exhibit, each of which forms an integral part of this Agreement and
are incorporated herein. The parties each acknowledge and agree that this Agreement, including
the attached Exhibit, define the performance obligations of Contractor and Contractor's
willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this
Agreement and any Exhibit or other attached document, the terms of this Agreement shall
control, and the remaining order of precedence shall based upon order of attachment.
Exhibit A consists of Contractor's Response to County's Request.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or
products necessary for the Work and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Work described in the attached Exhibit.
Contractor shall further be responsible for the timely completion and acknowledges that a failure
to comply with the standards and requirements of Work within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution
of this Agreement and shall continue through and until Contractor's completion of the
responsibilities described in the attached Exhibit. Both of the parties to this Agreement
understand and agree that the laws of the State of Colorado prohibit County from entering into
Agreements which bind County for periods longer than one year. This Agreement may be
extended upon mutual written agreement of the Parties.
4. Termination; Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days written notice to Contractor. Either Party may immediately
terminate this Agreement upon material breach of the other party, however the breaching party
shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination,
County shall take possession of all materials, equipment, tools and facilities owned by County
which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver
to County all drawings, drafts, or other documents it has completed or partially completed under
this Agreement, together with all other items, materials and documents which have been paid for
by County, and these items, materials and documents shall be the property of County. Copies of
work product that is incomplete at the time of termination shall be marked "DRAFT -
INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for,
and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which
it has submitted and which have been approved by the County; (2) the reasonable value to County
of the services which Contractor provided prior to the date of the termination notice, but which
had not yet been approved for payment; and (3) the cost of any work which the County approves
in writing which it determines is needed to accomplish an orderly termination of the work. County
shall be entitled to the use of all material generated pursuant to this Agreement upon termination.
Upon termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental
thereto, except for compensation for work satisfactorily performed and/or materials described
herein properly delivered.
5. Extension or Amendment. Any amendments or modifications to this agreement shall be
in writing signed by both parties. No additional services or work performed by Contractor shall be
the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no
claim that the County has been unjustly enriched by any additional services, whether or not there
is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable
hereunder. In the event that written authorization and acknowledgment by the County for such
additional services is not timely executed and issued in strict accordance with this Agreement,
Contractor's rights with respect to such additional services shall be deemed waived and such
failure shall result in non-payment for such additional services or work performed. In the event
the County shall require changes in the scope, character, or complexity of the work to be
performed, and said changes cause an increase or decrease in the time required or the costs to the
Contractor for performance, an equitable adjustment in fees and completion time shall be
negotiated between the parties and this Agreement shall be modified accordingly by Change Order.
Any claims by the Contractor for adjustment hereunder must be made in writing prior to
performance of any work covered in the anticipated Change Order, unless approved and
documented otherwise by the County Representative. Any change in work made without such
prior Change Order shall be deemed covered in the compensation and time provisions of this
Agreement, unless approved and documented otherwise by the County Representative.
6. Compensation. Upon Contractor's successful completion of the Work, and
County's acceptance of the same, County agrees to pay Contractor an amount not to exceed
$3,500.00 as set forth in the Exhibit. No payment in excess of that set forth in the Exhibit will be
made by County unless a Change Order authorizing such additional payment has been specifically
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approved by Weld County as required pursuant to the Weld County Code. If, at any time during
the term or after termination or expiration of this Agreement, County reasonably determines that
any payment made by County to Contractor was improper because the service for which payment
was made did not perform as set forth in this Agreement, then upon written notice of such
determination and request for reimbursement from County, Contractor shall forthwith return such
payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds
advanced by County, if any, shall forthwith be returned to County. County will not withhold any
taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible
for the accurate reporting and payment of any taxes related to payments made pursuant to the terms
of this Agreement. Unless expressly enumerated in the attached Exhibit, Contractor shall not be
entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary
contained in this Agreement, County shall have no obligations under this Agreement after, nor
shall any payments be made to Contractor in respect of any period after December 31 of any year,
without an appropriation therefore by County in accordance with a budget adopted by the Board
of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised
Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20).
7. Independent Contractor. Contractor agrees that it is an independent contractor and
that Contractor's officers, agents or employees will not become employees of County, nor entitled
to any employee benefits (including unemployment insurance or workers' compensation benefits)
from County as a result of the execution of this Agreement. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall
not enter into any subcontractor agreements for the completion of the Work without County's prior
written consent, which may be withheld in County's sole discretion. County shall have the right
in its reasonable discretion to approve all personnel assigned to the Work during the performance
of this Agreement and no personnel to whom County has an objection, in its reasonable discretion,
shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County
and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by
the terms of this Agreement, and to assume toward Contractor all the obligations and
responsibilities which Contractor, by this Agreement, assumes toward County. County shall have
the right (but not the obligation) to enforce the provisions of this Agreement against any
subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor
shall be responsible for the acts and omissions of its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In addition,
all reports, documents, data, plans, drawings, records and computer files generated by Contractor
in relation to this Agreement and all reports, test results and all other tangible materials obtained
and/or produced in connection with the performance of this Agreement, whether or not such
materials are in completed form, shall at all times be considered the property of the County.
Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
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10. Confidentiality. Confidential information of the Contractor should be transmitted
separately from non -confidential information, clearly denoting in red on the relevant document at
the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity,
Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S.
24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all
documents. Contractor agrees to keep confidential all of County's confidential information.
Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to
any other person or entity without seeking written permission from the County. Contractor agrees
to advise its employees, agents, and consultants, of the confidential and proprietary nature of this
confidential information and of the restrictions imposed by this Agreement.
11. Warranty. Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions
of this Agreement. Contractor further represents and warrants that all Work shall be performed by
qualified personnel in a professional manner, consistent with industry standards, and that all
services will conform to applicable specifications. For work in which Contractor produces a
design to be used for construction purposes, Contractor shall carefully check all unit quantities
and quantity calculations and shall submit them for County review. If the County experiences
additional costs during project construction which are directly associated with errors and
omissions (professional negligence) which require change orders to the construction contract
resulting in costs greater than the construction contract bid unit costs, Contractor shall be
financially liable for such increased costs.
12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor
shall submit to County originals of all test results, reports, etc., generated during completion of
this work. Acceptance by County of reports and incidental material(s) furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the project. In no event shall any action by County hereunder constitute or be construed to be
a waiver by County of any breach of this Agreement or default which may then exist on the part
of Contractor, and County's action or inaction when any such breach or default exists shall not
impair or prejudice any right or remedy available to County with respect to such breach or default.
No assent, expressed or implied, to any breach of any one or more covenants, provisions or
conditions of the Agreement shall be deemed or taken to be a waiver of any other breach.
Acceptance by the County of, or payment for, the Work completed under this Agreement shall not
be construed as a waiver of any of the County's rights under this Agreement or under the law
generally.
13. Insurance. Contractor must secure, before the commencement of the Work, the
following insurance covering all operations, goods, and services provided pursuant to this
Agreement, and shall keep the required insurance coverage in force at all times during the term of
the Agreement, or any extension thereof, and during any warranty period. For all coverages,
Contractor's insurer shall waive subrogation rights against County.
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a. Types of Insurance.
Workers' Compensation / Employer's Liability Insurance as required by state statute,
covering all of the Contractor's employees acting within the course and scope of their
employment. The policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form.
Commercial General Liability Insurance including public liability and property damage,
covering all operations required by the Work. Such policy shall include minimum limits as
follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal
injury $5,000; Medical payment per person.
Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily
injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for
vehicles owned, hired, and non -owned vehicles used in the performance of this Contract.
Professional Liability (Errors and Omissions Liability). The policy shall cover
professional misconduct or lack of ordinary skill for those positions defined in the Scope
of Services of this contract. Contractor shall maintain limits for all claims covering
wrongful acts, errors and/or omissions, including design errors, if applicable, for damage
sustained by reason of or in the course of operations under this Contract resulting from
professional services. In the event that the professional liability insurance required by this
Contract is written on a claims -made basis, Contractor warrants that any retroactive date
under the policy shall precede the effective date of this Contract; and that either continuous
coverage will be maintained or an extended discovery period will be exercised for a period
of two (2) years beginning at the time work under this Contract is completed. Minimum
Limits: $1,000,000 Per Loss; $2,000,000 Aggregate.
b. Proof of Insurance. Upon County's request, Contractor shall provide to County a
certificate of insurance, a policy, or other proof of insurance as determined in County's
sole discretion. County may require Contractor to provide a certificate of insurance naming
Weld County, Colorado, its elected officials, and its employees as an additional named
insured.
c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above described insurance prior to
their commencement of the Work, or otherwise that they are covered by the Contractor's
policies to the minimum limits as required herein. Contractor agrees to provide proof of
insurance for all such subcontractors upon request by the County.
d. No limitation of Liability. The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor. The County in no way warrants that the minimum limits contained herein are
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sufficient to protect the Contractor from liabilities that might arise out of the performance
of fie Work under by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved
of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types. The
Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance
that it may deem necessary to cover its obligations and liabilities under this Agreement.
e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that
it has met the insurance requirements identified herein. The Contractor shall be responsible
for the professional quality, technical accuracy, and quantity of all services provided, the
timely delivery of said services, and the coordination of all services rendered by the
Contractor and shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies.
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits,
actions, clams, or willful acts or omissions of any type or character arising out of the Work done
in fulfillmeit of the terms of this Agreement or on account of any act, claim or amount arising or
recovered wider workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement
or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will
be responsible for primary loss investigation, defense and judgment costs where this contract of
indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive
all rights of subrogation against the County its associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the
work performed by the Contractor for the County. A failure to comply with this provision shall
result in County's right to immediately terminate this Agreement.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by
Contractor to assign or transfer its rights hereunder without such prior approval by County shall,
at the option of County, automatically terminate this Agreement and all rights of Contractor
hereunder. Such consent may be granted or denied at the sole and absolute discretion of County.
16. Examination of Records. To the extent required by law, the Contractor agrees that an
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor, involving
all matters and/or transactions related to this Agreement. Contractor agrees to maintain these
documents for three years from the date of the last payment received.
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery ca failure to deliver or otherwise to perform any obligation under this Agreement, where
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such failure is due to any cause beyond its reasonable control, including but not limited to Acts of
God, fires, strikes, war, flood, earthquakes or Governmental actions.
18. Notices. County may designate, prior to commencement of Work, its project
representative ("County Representative") who shall make, within the scope of his or her authority,
all necessary and proper decisions with reference to the project. All requests for contract
interpretations, change orders, and other clarification or instruction shall be directed to County
Representative. All notices or other communications made by one party to the other concerning
the terms and conditions of this contract shall be deemed delivered under the following
circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required and received by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice may be sent
to:
TO CONTRACTOR:
Name: Michael Burkett
Position: Executive Vice President
Address: 14045 W 66th Avenue
Address: Arvada, CO 80004
E-mail: www.mt2.com
Phone: 888-435-6645
TO COUNTY:
Name: Toby Taylor
Position: Director of Facilities
Address: 1105 H Street
Address: Greeley, CO 80634
E-mail: ttaylor@weldgov.com
Phone: 970-400-2020
19. Compliance with Law. Contractor shall strictly comply with all applicable federal
and State laws, rules and regulations in effect or hereafter established, including without limitation,
laws applicable to discrimination and unfair employment practices.
20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or
use other Contractors or persons to perform services of the same or similar nature.
21. Entire Agreement/Modifications. This Agreement including the Exhibit attached
hereto and incorporated herein, contains the entire agreement between the parties with respect to
the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
7
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
22. Fund Availability. Financial obligations of the County payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement.
24. Survival of Termination. The obligations of the parties under this Agreement that by
their nature would continue beyond expiration or termination of this Agreement (including,
without limitation, the warranties, indemnification obligations, confidentiality and record keeping
requirements) shall survive any such expiration or termination.
25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
26. Governmental Immunity. No term or condition of this Agreement shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
27. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
28. Board of County Commissioners of Weld County Approval. This Agreement shall
not be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
29. Chace of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
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30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants,
and agrees that it does not knowingly employ or contract with an illegal alien who will perform
work under this Agreement. Contractor will confirm the employment eligibility of all employees
who are newly hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program or the State of Colorado program established
pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a
subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Contractor shall
not use E -Verify Program or State of Colorado program procedures to undertake pre -employment
screening or job applicants while this Agreement is being performed. If Contractor obtains actual
knowledge that a subcontractor performing work under this Agreement knowingly employs or
contracts with an illegal alien Contractor shall notify the subcontractor and County within three
(3) days that Contractor has actual knowledge that a subcontractor is employing or contracting
with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing
or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not
terminate the subcontract if within three days the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor
shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If
Contractor participates in the State of Colorado program, Contractor shall, within twenty days after
hiring an new employee to perform work under the contract, affirm that Contractor has examined
the legal work status of such employee, retained file copies of the documents, and not altered or
falsified the identification documents for such employees. Contractor shall deliver to County, a
written notarized affirmation that it has examined the legal work status of such employee and shall
comply with all of the other requirements of the State of Colorado program. If Contractor fails to
comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may
terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under
the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty
of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United
States pursuant to federal law, (b) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-103 prior to the effective date of the contract.
31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
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Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached Exhibit, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications
between the parties relating to the subject matter of this Agreement.
CONTRACTOR:
Metals Treatment Technologies, LLC
By: &� ..(. —
Name: Michael Burkett
Title: Executive Vice President
05/23/2023
Date of Signature
WELD TO T , ;ti
ATTEST: ;d�Ld1./
Weld ty Clerk tote ' oard
10
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair JUN 0 5 2323
oa3 - 10 7�
Exhibit A
FIRING RANGE EXPERTS
Proposal
Firing Range Consulting Services
Prepared for:
Weld County Facilities Department
1105 H Street
P.O. Box 758
Greeley, CO 80632
Alex Engelbert, Facilities Project Manager
aengelbert@weldgov.com
Prepared by:
Metals Treatment Technologies, LLC
14045 W 66th Avenue
Arvada, CO 80004
www.mt2.com
888-435-6645
May 12, 2023
Statement of Confidentiality: Metals Treatment Technologies, LLC (MT2) has prepared this document for discussion purposes
only. It is provided on a confidential basis. This document is the sole property of MT2 and must be retumed upon demand. By
accepting this document, the recipient agrees to keep confidential the information and concepts contained herein or made in
connection with any further investigation of the Company. In addition, the recipient agrees not to reproduce this document in
whole or in part without the prior written consent of MT2.
Firing Range Consulting Services
FIRING RANGE EXPERTS Weld County Facilities Department
Initials
August 25, 21)22
PRICING
Page 1
Item MT2 Pricing
Firing Range Consulting Services
- 1 -Day Ste Visit / Audit
• Audt performed by a firing range specialist
• Up to E hours spent onsite
- Range Photos
- Range Report Including:
• Maiatenance Recommendations
• Range Alteration Recommendations, if Applicable
• Budgetery Pricing for Maintenance
$3500
1i Should them be a change in the scope of work (e.g., review of additional programs), additional work can be
performed upon an agreed hourly basis if approved prior to onsite work, or can provided as a separate proposal
prior to performing the additional work
Contractor: Metals Treatment Technologies, LLC
Signature:
Michael Burkett, Executive Vice President Date
Client: Weld County Facilities Department
Signature:
(Print Name / Title)
Date
MT2 t 14045 `G 66'x' Ave. Arvada, CO 80004 I P: 1-888-435-6645 I F. 303-456-6998 I www mt2.corn
Contract Form
New Corotra
Request
Entity Name* Entity ID*
METALS TREATMENT TECHNOLOGIES W00036557
LLC (MT2 LLC)
Contract Name*
SHOOTING RANGE CONSULTATION
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
7003
Contract Lead*
SGEESAMAN
Contract Lead Email
sgeesamae@co.weld.co.us, I
redfern@weldgov.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
CONSULTING SERVICES TO INCLUDE AUDIT MAINTENANCE & ALTERATION RECOMMENDATIONS
Contract Description 2
Contract Type*
CONTRACT
Amount*
$3,500.00
Renewable*
NO
Automatic Renewal
Department Requested ROCC Agenda Due Date
BUILDINGS AND GROUNDS Date* 05.'20{2023
05 ,24,'2023
Department Email
CM-
BuildingGrounds@weldgov.c
om
Does Contract require Purchasing Dept. to be included?
Department Head Email NO
CM-BuildingGrounds-
DeptHeadveldgov.com
Will a work session with BOCC be required?*
NO
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYWELDG
OV.COM
If this is a renewal enter sous Contract ID
If this is part of a MSA enter MA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Effective Date
Review Date*
10x'02/2023
Renewal Date
Termination Notice Period
Purchuing Approved Date
Purchasing Approver
Appro
De t Head
TOBY TAYLOR
OH Approved Date
05/23,`2023
Final #ppro al
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06/05/2023
Originator
SGEESAMAN
val Process
Committed Delivery Date
Finance Approver
CHERYL PATTELLI
Finance Approved Date
05/23;2023
Tyler Ref #
AG 060523
Expiration Date*
10/02/2023
Legal Counsel
MATTHEW CONROY
Legal Counsel Approved Date
05,23/2023
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