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Home My WebLink AboutC24-488 Jones Cattle CompanyAGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES BETWEEN EAGLE COUNTY, COLORADO AND JONES CATTLE COMPANY THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between Jones Cattle Company a Colorado LTD (hereinafter “Contractor”) Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County, through its Department of Open Space and Natural Resources, is seeking the professional installation, decommissioning, and retrofitting of wildlife friendly fencing (the “Project”) on the Brush Creek Valley Ranch and Open Space (the “Property”), as more particularly described in the Request for Proposals attached hereto as Exhibit A, and incorporated herein by reference; 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 equipment, materials and installation services as set forth below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the procurement of equipment, materials and services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to procure the materials, equipment and/or products (“Equipment”) necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the procurement and installation services described in Exhibit A (“Services” or “Work”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than 12/1/2025 in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 12/17/2024 2 Eagle County Procurement and Installation Final 7/5/2022 c. County shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Contractor shall upon County’s request and at no charge to County: i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. 2. County’s Representative. The Open Space and Natural Resource Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subj ect to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 31st day of November, 2025 4. Extension or Modification. Any amendments or modifications 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 in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that 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 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. 5. Compensation. County shall compensate Contractor for the Equipment and performance of the Services in a sum computed and payable as set forth in Exhibit A. The Equipment and performance of the Services under this Agreement shall not exceed $415,438.40. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Equipment and Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. 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 Equipment or Services for which payment was made were not provided or performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 3 Eagle County Procurement and Installation Final 7/5/2022 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. c. 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. d. 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 therefor 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). 6. 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 performance of any of the Services or additional services 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services 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. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 4 Eagle County Procurement and Installation Final 7/5/2022 i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. Further, Contractor shall execute any bill of sale or other documents required by County to transfer title of the Equipment to County. Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 5 Eagle County Procurement and Installation Final 7/5/2022 when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Phil Kirkman 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8701 E-Mail: phillip.kirkman@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: Jones Cattle Company ℅ Scott Jones PO Box 3828 Gypsum, Colorado 81637 970-376-5822 EMAIL: scottjonesroping@gmail.com 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 6 Eagle County Procurement and Installation Final 7/5/2022 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the intended purpose and use of the Equipment, nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Equipment and/or Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor hereby represents and warrants that the Equipment will be new and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one (1) year from the date the Work is accepted by County, or such longer period as may be provided by the law or as otherwise agreed to by the parties. g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment furnishes a guarantee or warrantee for a period longer than one (1) year, then Contractor’s Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 7 Eagle County Procurement and Installation Final 7/5/2022 guarantee or warrantee shall extend for a like period as to such Equipment. h. Contractor warrants that title to all Work and Equipment shall pass to County either by incorporation into the Property or upon receipt by Contractor of payment from County (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and County has inspected and approved the same. i. Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to County, and without interruption to County: i. Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any other Work or property caused by such defects or the repairing of such defects. j. Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Contractor in law or in equity. k. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. l. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. m. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. n. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. o. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 8 Eagle County Procurement and Installation Final 7/5/2022 p. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. q. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. r. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. s. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. [REST OF PAGE INTENTIONALLY LEFT BLANK] Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 9 Eagle County Procurement and Installation Final 7/5/2022 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Matt Scherr, Chair Attest: By: _____________________________ Regina O’Brien, Clerk to the Board CONSULTANT Scott Jones Jones Cattle Company By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 Ceo Scott Jones 10 Eagle County Procurement and Installation Final 7/5/2022 EXHIBIT A SCOPE OF SERVICES AND EQUIPMENT, SCHEDULE, FEES Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 NOTICE REQUEST FOR PROPOSALS FOR BRUSH CREEK VALLEY RANCH AND OPEN SPACE FENCE REPLACEMENT/RETROFIT/REMOVAL EAGLE COUNTY, COLORADO Eagle, Colorado 9/16/2024 Eagle County is soliciting proposals for converting fencing at the Brush Creek Valley Ranch and Open Space to be more wildlife friendly. This Request for Proposals (“RFP”) will be non-exclusive. Eagle County reserves the right to purchase supplies or services from other professionals. Proposals must be received via email by Phillip Kirkman at phillip.kirkman@eaglecounty.us on or before 5:00 pm MDT on 10/7/2024. Any proposal received after this time will not be considered unless good cause is shown as determined by Eagle County in its sole discretion. The proposal document may be obtained at the Open Space and Natural Resources Department at 500 Broadway St. Eagle, CO 81631 during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The complete document is also available at www.eaglecounty.us. Submittal and review of proposals will occur pursuant to the following schedule: Advertisement for Bid (3 weeks): 9/16/2024 – 10/7/2024 Questions Due: 9/30/2024 Answers Posted: 10/2/2024 Bids Due: 10/7/2024 Contact information: Phillip Kirkman Eagle County Open Space and Natural Resources Senior Open Space Resource Specialist and Ranger 500 Broadway St. Eagle, CO 81631 phillip.kirkman@eaglecounty.us, 970-328-8701 Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 2 RFP Professional Services Eagle County Final 7/5/2022 REQUEST FOR PROPOSALS INSTRUCTIONS TO PROPOSERS 1. Eagle County, Colorado will be receiving proposals via email to Phillip Kirkman at phillip.kirkman@eaglecounty.us on or before 10/7/2024 at 5:00 pm MDT 2. Any question, interpretation or clarification regarding this Request for Proposals (RFP) is required pursuant to the above schedule. Responses, if any, will be issued by addenda posted to www.eaglecounty.us All questions regarding this proposal must be in writing to Phillip Kirkman. Questions may be emailed to phillip.kirkman@eaglecounty.us. Please call to verif y receipt of your questions. No additional questions will be accepted after the date and time referenced above unless good cause is shown as determined by Eagle County in its sole discretion. Oral interpretations shall be of no force and effect. 3. One (1) electronic copy of your proposal is required. If brochures or other supportive documents are requested, then it is required that one (1) set be submitted with your proposal. 4. Eagle County reserves the right, in its sole discretion, to reject any and all proposals submitted in response to this RFP, to waive or not waive informalities or irregularities in proposals received or RFP procedures. Eagle County also reserves the right to re-advertise, or to otherwise provide the services as determined by Eagle County to be in its best interest, and to accept any portion of the proposal deemed to be in the best interests of Eagle County to do so, or further negotiate cost, terms or conditions of any proposal determined by Eagle County to be in its best interests. 5. Eagle County may, at its sole discretion, modify or amend any and all provisions herein. If it becomes necessary to revise any part of the RFP, addenda will be provided through posting at www.eaglecounty.us. Eagle County reserves the right to extend the RFP submittal date or to postpone the award of an agreement. 6. All proposals will be reviewed by a selection committee and any other review as determined to be necessary. Respondents may be asked to supplement their initial proposals with additional written material. Eagle County may short-list respondents based upon an evaluation of the written submittals. Eagle County may arrange for in- person interviews with the short-listed respondents for a detailed presentation. 7. The selected proposal will be the one considered the most advantageous regarding price, quality of service, qualifications and capabilities of respondent to provide the specified service, respondent’s familiarity with Eagle County and any other factors the County may consider as determined by Eagle County in its sole discretion. Eagle County may award a contract even if not the lowest priced proposal based upon a review of the identified factors. A full day pre-bid meeting with Open Space and Natural Resources staff is required and weekly coordination meetings with staff are expected throughout the project. Respondents that are able to accomplish “priority fencing” as identified in turquoise on Exhibits A and B by December 31, 2024, may be prioritized. Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 3 RFP Professional Services Eagle County Final 7/5/2022 8. Respondents are encouraged to clearly identify any proprietary or confidential data or information submitted with the proposal. Regardless of whether or not so marked, Eagle County will endeavor to keep that information confidential, separate and apart from the proposal. Notwithstanding the foregoing, respondent acknowledges that Eagle County may be required to release the information in accordance with the Colorado Open Records Act or order of the court. 9. Eagle County will not pay for any information requested herein, nor is it liable for any costs incurred by the respondent in connection with its response to this RFP. 10. No work shall commence nor shall any invoices be paid until the successful respondent has entered into a fully executed agreement with Eagle County and provides the requested proof of insurance. 11. No telephone or oral proposals will be accepted. 12. Proposals must be clearly identified in the subject line of the email submittal by proposal title. Responsibility for timely submittal of proposals lies solely with the respondent. Proposals received after the closing time specified will not be considered unless good cause is shown as determined by Eagle County in its sole discretion. 13. Respondent(s) who submit a proposal are responsible for becoming fully informed regarding all circumstances, information, laws and any other matters that might, in any way, affect the respondent’s role and responsibilities. Any failure to become fully knowledgeable shall be at the respondent’s sole risk. Eagle County assumes no responsibility for any interpretations made by respondents on the basis of information provided in this RFP or through any other source. 14. All respondents must include a fully executed Proposal Form with their proposal. 15. Eagle County reserves the right to award an agreement to the respondent that demonstrates the best ability to fulfill the requirements of the project based upon our evaluation of the selection criteria. 16. This RFP is not intended to completely define the contractual relationship to be entered into with the successful respondent(s). 17. Upon identification by Eagle County of the successful respondent, Eagle County will give the successful respondent the first right to negotiate an agreement acceptable to Eagle County. In the event that an agreement satisfactory to Eagle County cannot be reached, Eagle County may enter into negotiations with one or more of the remaining respondents. Eagle County may choose to discard all proposals and re-issue another RFP. 18. The successful respondent will perform all of the work or services indicated in the proposal in compliance with the negotiated agreement. Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 4 RFP Professional Services Eagle County Final 7/5/2022 19. The successful respondent(s) shall comply with the following insurance language which shall be included in the agreement to be awarded unless otherwise agreed to in writing by Eagle County: “Consultant agrees to provide and maintain, at Consultant’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a) Types of Insurance. i) Workers’ Compensation insurance as required by law. ii) Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii) Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv) Professional Liability Insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project.” The successful respondent(s) shall comply with the following other insurance requirements which shall be included in the agreement to be awarded: b) “Other Requirements. i) The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors or assigns, elected officials, employees, agents and volunteers as additional insureds. ii) Consultant’s certificates of insurance shall include all sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub- consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub - Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 5 RFP Professional Services Eagle County Final 7/5/2022 consultants until the applicable statute of limitations for the Project and the Services has expired. iii) Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv) Consultant’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against Eagle County. v) All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi) All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii) Consultant’s certificate of insurance evidencing all required coverage(s) is attached hereto. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii) Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish to County a new certificate of insurance showing such coverage. ix) If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x) The insurance provisions of this Agreement shall survive expiration or termination hereof. xi) The parties hereto understand and agree that County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii) Consultant is not entitled to workers’ compensation benefits except as provided by Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement.” Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 6 RFP Professional Services Eagle County Final 7/5/2022 21. Further, the successful respondent(s) shall comply with the following indemnification language which shall be included in the agreement to be awarded: “Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof.” Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 7 RFP Professional Services Eagle County Final 7/5/2022 REQUEST FOR PROPOSAL PROPOSAL FORM THIS PROPOSAL FORM MUST BE SUBMITTED WITH YOUR PROPOSAL TO: Eagle County, Colorado 500 Broadway Post Office Box 850 Eagle, CO 81631 Re: BRUSH CREEK VALLEY RANCH AND OPEN SPACE FENCE REPLACEMENT/RETROFIT/REMOVAL The undersigned, having examined the Instructions to Proposers and any and all documents related to the above referenced RFP: (a) Agree to comply with all conditions, requirements, and instructions of the Request for Proposal as stated or implied therein; (b) Acknowledges the right of Eagle County, Colorado in its sole discretion to reject any or all proposals submitted, and that an award may be made to a proposer even though not the lowest cost; (c) Acknowledges and agrees that the discretion of Eagle County, Colorado in selection of the successful proposers shall be final, not subject to review or attack; and (d) Acknowledges that this proposal is made with full knowledge of the foregoing and full agreement thereto. By submission of this proposal, and signature below, the respondent acknowledges that he has the authority to sign this Proposal Form and bind the company named below. The proposer further acknowledges that Eagle County, Colorado has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the proposal and related documents, and authorizes release to Eagle County of any and all information sought in such inquiry or investigation. Company Name: _______________________________________ Title of Proposer: _______________________________________ Signature of Proposer: _______________________________________ Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 8 RFP Professional Services Eagle County Final 7/5/2022 REQUEST FOR PROPOSAL PROJECT DESCRIPTION Eagle County is seeking a qualified contractor to retrofit, replace and remove fencing at the Brush Creek Valley Ranch and Open Space (BCVROS). This project involves the construction of “wildlife friendly” fencing and conversion of existing fencing to be “wildlife friendly,” according to specifications set by Colorado Parks and Wildlife. The site is located approximately 4 miles south of Eagle, Colorado on Brush Creek Road. BCVROS is a multi-use area with recreational trails, an active agricultural operation, and is managed for wildlife habitat. Additionally, the entire BCVROS property is encumbered by a Conservation Easement which may require specific attention be paid to certain impacts not described in this RFP. Please see Exhibit E for additional detail. Fences to be retrofitted, replaced, or removed are all 4 to 6 strand barbed wire fences. As a semi-remote site, this project will also require travel on unimproved 2 track roads, across pastures, and variably thick remote vegetation. SCOPE OF SERVICES Materials and specifications: All new fences, excluding “steel panel fencing,” will be constructed to be “wildlife friendly” in accordance with Figure 1 below. Wooden stays are preferred for new fences. Type of wire and spacing are to be consistent with all fences except those identified as “panel fencing” (shown in Exhibit C). Figure 1. Diagram for Wildlife Friendly Fencing (new & retrofit) Lengths of fence are approximate and subject to on site measurements. Bid should use the below measurements for pricing purposes. Primary priorities: • Gates: Will include rebuilding or replacement of an estimated ten (10) metal 10’- 12’ gates and sixteen (16) wire gates • New fencing: Will include construction of the following fencing – Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 9 RFP Professional Services Eagle County Final 7/5/2022 o 4,200 ft of new “wildlife friendly” fencing (see Figure 1). Approximately 3,300 ft requires removal of old fence. Some materials and posts may be reused depending on condition and location. o 3,400 ft of steel panel style fence (see Exhibit C). Requires removal of existing fence(s). • Retrofit: 13,175 ft of “priority fencing,” as identified in turquoise on Exhibits A and B. Posts, stays, and/or wire may be reused. Secondary priorities: • Removal (without replacement): 12,650 ft of wire to be removed while leaving posts in ground. Install provided “no access” / “no hunting” signage approximately every 100’. • Retrofit: 22,800 ft of fence that primarily requires replacement of top strand, removal of 5th strand, and spacing adjustments to comply with Figure 1. Posts, stays, and/or wire may be reused. Additional information: • Eagle County has several grant applications in process for the procurement of fence wire. All bids should reflect the full cost of materials noted above, however should the grant requests be successful, Eagle County may supply some materials. Material needs will be discussed with respondent prior to mobilization. • Exhibits include: o Exhibit A- BCVROS Fencing management plan o Exhibit B- BCVROS Fencing management plan- HQ detail o Exhibit C- Steel Panel Fence specifications o Exhibit D- Gates specifications o Exhibit E- BCVROS Deed of Conservation Easement PROPOSAL SUBMITTAL REQUIREMENTS 1. Proposal Form. Must be signed and submitted with response. 2. Qualifications. Briefly explain your company’s qualifications to provide the services requested, e.g., years in business, staffing, vehicles to be utilized and experience. 3. Experience. Previous documented experience (including photos) constructing/repairing/removing “wildlife friendly” fencing should be provided in this RFP Packet. Experience working in remote or “semi-remote” areas is preferred. 4. Schedule. The target start timeframe for this project is the end of September. This project should be completed by mid-December or as weather allows. 5. Budget/Pricing. Respondents should provide hourly rates, material cost estimate(s). Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 10 RFP Professional Services Eagle County Final 7/5/2022 6. Familiarity with Eagle County. Provide a narrative describing familiarity with Eagle County. 7. References. Please provide three (3) references from current customers receiving the same or similar service(s). Include name of entity, contact name and telephone number. 8. Legal Issues. Are there any lawsuits, federal, state or local tax liens, or any potential claims or liabilities against you, your company or the officers of the company at this time or within the last three years? If so, please explain. 9. Deliverables. Retrofitting, removal, and construction of fencing consistent with the details in the Scope of Services above. 10. Evaluation Criteria. All proposals will be considered based on experience and qualifications, prior performance of similar services, ability to meet scheduling parameters, familiarity with Eagle County, and proposed hourly rates/material costs. Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 BCVROS Fence Management Plan Maxar \ 0 1,000 2,000 Feet Parcels Brush Creek Valley Ranch Open Space Fence: New Fence: Removal Fence: Retrofit Panel High Priority Low Priority Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 Exhibit C-Steel Panel Fence Specifications 11-14 gauge Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 Exhibit D-Gate Specifications Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 11 Eagle County Procurement and Installation Final 7/5/2022 EXHIBIT B INSURANCE CERTIFICATES Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/1/2024 (970) 306-4801 14184 Jones Cattle Company Ltd PO Box 3074 Eagle, CO 81631 A 1,000,000 X X ZX6185 11/1/2024 11/1/2025 100,000 5,000 1,000,000 2,000,000 2,000,000 Eagle County is included as Additional Insured with respect to General Liability on a primary and non-contributory basis for ongoing and completed opeartions if required by written contract. A Waiver of Subrogation applies in favor of the additional insured with respect to General Liability, if required by written contract. Eagle County PO Box 850 Eagle, CO 81631 JONECAT-01 MIKEC Mountain West In & Fin Serv LLC100 E Victory WayCraig, CO 81625 Michael Campbell mikec@mtnwst.com Acuity Insurance Co. X X X Docusign Envelope ID: F676CEDB-6AB3-4B0C-BEEB-21A0DAA70873