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Home My WebLink AboutC25-073 Gunsight Holdings LLC dba Daly Property ServicesAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND GUNSIGHT HOLDINGS, LLC D/B/A DALY PROPERTY SERVICES THIS AGREEMENT (“Agreement”) is effective as of ________________ by and between Gunsight Holdings, LLC, a Colorado limited liability d/b/a Daly Property Services (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County desires to utilize Contractor for landscape maintenance services for County-owned facilities (the “Project”); 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 defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the 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 diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibits A.1, A.2A, A.2B A.3, A.4, A.5, A.6, A.7, A.8, A.9, A.10, A.11, B.1, B.2 and B.3 (“Services” or “Work”) which are attached hereto and incorporated herein by reference, during the time frame of April 15 through November 15, 2025 or until the last of the leaves from the Fall 2025 season fall from the trees. The Services shall be performed in accordance with the provisions and conditions of this Agreement. The Work includes the following: Spring cleaning of exterior areas Includes turf and native areas and shrub beds. Aeration Turf and native areas will be aerated by a core cultivation method at least 2x season. Mowing 1. Turf areas shall be maintained to a blade height of at least 3” after mowing. Frequency of mowing will be determined by the growth rate of the turf according to blade height and appearance. Frequency will be weekly at a minimum. Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 2/6/2025 2 2. Native areas shall be maintained to a blade height of at least 6” after mowing. The native areas are to be mowed one (1) time per month. 3. Contractor will maintain properly adjusted and sharp, mowing blades for uniform cut in order to prevent fuzzing and scalping, 4. All areas shall be inspected for debris prior to and following mowing to be sure they are left in good, clean condition. Grass clippings will be removed from walks, drive, turf areas and beds per each mowing by means of raking or mechanical blower operations. 5. Wet turf and native areas shall only be mowed when it is possible to do so without harm to the turf. 6. Contractor shall remove all grasses from hard surfaces immediately after work is performed. Trimming Mechanical trimming of turf along fences, beds, walks, etc. shall be performed at each mowing to maintain turf blade height with mowed areas. Contractor will take precautions around trees and structures to prevent damage. Contractor shall remove all grasses from hard surfaces immediately after work is performed. Edging All turf areas along walks, paved areas, etc. will be edged at each mowing with a steel bladed edger to maintain a groomed appearance. Contractor shall remove all grasses from hard surfaces immediately after work is performed. Power Raking Power raking of all heavily thatched turf areas will be done in spring before turf begins to turn green to prevent turf damage. Leaf Raking and Removal Contractor shall remove leaves from all areas three times during the fall season until all leaves have fallen from the trees and have been removed by Contractor. Turf and Native Weed Control Granular or liquid preemergents will be applied soon after the irrigation system is turned on and the turf becomes undormant. All turf and native areas will be inspected for broadleaf growth and controlled by means of spot spraying with broadleaf herbicide as required to maintain a weed free condition. Turf and Native Fertilization All turf and native areas will be fertilized twice per year. Selection of fertilizer will be based upon soil and turf conditions and time of year. Scheduled spring fertilization will consist of a 25/10/15 granular or liquid product. Scheduled fall fertilization will consist of a 20/20/20 granular or liquid product. Ornamental and Shrub Bed Maintenance 1. Ornamental beds will be fertilized once per season with a slow release fertilizer. Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 3 2. All weeds shall be removed by manual means in all ornamental bed areas on a bi- weekly basis to provide a weed-free landscape. 3. Post treatments of broadleaf weeds with herbicides will be done as needed to maintain a weed-free condition. 4. Granular preemergents will be used as required for weed seed control in all flower and shrub beds. 5. Bed Mulch will be topped off in the spring to evenly cover all surface areas 3” with shredded cedar mulch. Irrigation Maintenance 1. Spring start-up 2. Includes charging, adjusting, checking system weekly. 3. Winterization of the system with compressed air. 4. System will be set to water during night time hours 3x/week or as conditions require. 5. Damage to sprinkler heads due to mowing or other reasons by the Contractor will be the responsibility of the Contractor. 6. Any other repairs necessary must be authorized by the Facilities Management Supervisor. a. 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 Exhibits A.1, A.2A, A.2B A.3, A.4, A.5, A.6, A.7, A.8, A.9, A.10, A.11, B.1, B.2 and B.3 and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County’s Representative. The Facilities Management 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 subject to the provisions of paragraph 11 hereof, shall continue in full force and effect for a period of one (1) year. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. 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 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 4 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 performance of the Services in a sum computed and payable as set forth in Exhibits B.1, B.2, and B.3. The performance of the Services under this Agreement shall not exceed one hundred one thousand three hundred thirty-five and 42/100 dollars ($101,335.42). In the event Contractor and County agree upon the need for additional services beyond those described in Exhibits A.1, A.2A, A.2B A.3, A.4, A.5, A.6, A.7, A.8, A.9, A.10, A.11, B.1, B.2 and B.3, those services shall be billed at the rates as set forth in Exhibit C. Prior to commencement of any additional Services at any Property or Properties, Contractor shall first provide County with a written estimate which shall include an estimate of the labor, materials without any mark up and any additional costs necessary to perform the Services at a particular Property or Properties. Each estimate must be approved by County’s Representative prior to commencement of the Services by Contractor and all rates shall be in accordance with the fee schedule set forth in Exhibit C. Total compensation under this Agreement shall not exceed one hundred twenty thousand dollars ($120,000.00) without a written amendment to this Agreement. 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 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 Services for which payment was made were not performed 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. 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 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 5 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. 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 D. 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 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 6 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. 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) 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: Ron Siebert 3289 Cooley Mesa Road Gypsum, CO 81637 Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8881 E-Mail: ron.siebert@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 7 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: Daly Property Services 345 Lewis Lane Basalt, Co 81621 Telephone: 970-927-2430 Facsimile: 970-927-8526 E-Mail: will@dalypropserv.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. 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 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. Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 8 d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the 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 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 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. g. 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. h. 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. i. 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. j. 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. k. 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. l. 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. Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 9 m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. 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. 15. Data Security. a. Definitions: i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 10 iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy County’s legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any County Data upon request from the County Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [REST OF PAGE INTENTIONALLY LEFT BLANK] Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 11 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 COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR GUNSIGHT HOLDINGS, LLC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Sarah Bay Office Administrator Native AreaEXHIBIT A.1 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 JUSTICE CENTEREXHIBIT A.2A Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 JUSTICE CENTEREXHIBIT A.2B Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 MSC 3289 Cooley Mesa Road EXHIBIT A.3 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 EAGLE COUNTY BUILDING EXHIBIT A.4 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Native Mow Areas – Highlighted in yellow MILLER RANCH ROAD EXHIBIT A.5 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 502 Capital EXHIBIT A.6 502 Capital Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 EXHIBIT A.7 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 EXHIBIT A.8 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 EXBIT A.9 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 EL JEBEL COMMUNITY CENTEREXHIBIT A.10 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 EL JEBEL COMMUNITY CENTER FIRE CORRIDOR EXHIBIT A.11 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 GRAND TOTAL$83,264.31.1Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Landscape Management Agreement Eagle County Community Building Prepared by Sarah Bay EXHIBIT B.2 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Thank you for choosing Daly Property Services for your Landscape Maintenance needs! We are excited to spend Summer 2025 with you and look forward to exceeding your expectations in all things Lawn Maintenance. This summer, your team will remain mostly unchanged. Julian Smith (JT) is our experienced and skilled Maintenance Foreman. He wrangles all crews on a daily basis to ensure that they are effective and efficient each time they step foot on your property. Justin Barmore is the Ownership Partner overseeing the Maintenance Division. And, Sarah Bay remains your gal in the office, herding all these cats through process, policies and procedures. The most effective way to get answers to your questions throughout the season is to email Sarah at: sarah@dalypropserv.com. We look forward to a successful summer season with you! Warmly, Justin, Sarah, Julian & Team Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 2/7 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Proposal #2827 Date: 1/16/2025 Customer:Property: Ron Siebert Eagle County Facilities Department PO Box 850 Eagle, CO 81631 Eagle County Community Building 0020 Eagle County Road El Jebel, CO 81623 2025 Landscape Maintenance Contract Fixed Payment Services Description of Services Frequency Cost per Occ.Annual Cost Maintenance Services Spring Cleanup Lawns 1 $700.00 $700.00 Pre-Emergent - Non-Turf Areas 1 $64.79 $64.79 Aeration 1 $400.00 $400.00 Weekly Mow & Trim 19 $300.00 $5,700.00 Mow Native 2 $775.00 $1,550.00 Turf Fertilization 2 $290.00 $580.00 Weed Control 2 $450.00 $900.00 Fall Cleanup Lawns 1 $1,100.00 $1,100.00 Spring Cleanup Gardens 1 $930.00 $930.00 Garden Maintenance 5 $300.00 $1,500.00 Fall Cleanup Gardens 1 $650.00 $650.00 Irrigation Startup 1 $425.00 $425.00 Irrigation Check 5 $200.00 $1,000.00 Irrigation Winterization 1 $500.00 $500.00 Annual Maintenance Price $15,999.79 Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 3/7 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Payment Schedule Schedule Price Sales Tax Total Price April $2,285.68 $0.00 $2,285.68 May $2,285.69 $0.00 $2,285.69 June $2,285.68 $0.00 $2,285.68 July $2,285.69 $0.00 $2,285.69 August $2,285.68 $0.00 $2,285.68 September $2,285.68 $0.00 $2,285.68 October $2,285.69 $0.00 $2,285.69 $15,999.79 $0.00 $15,999.79 Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 4/7 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Services Spring Cleanup Lawns Clearing and hauling away leaves, branches, and other debris from lawns, beds, gravel, concrete, or asphalt surfaces including driveways, walkways, and patios. Initial mowing and re-edging or re-defining borders of lawn areas. Re-seeding damaged areas of the lawn provided can be provided upon request. Aeration and Dethatching services can also be combined with the timing of spring cleanup. Specific timing is dependent on weather conditions and property specific variables. Pre-Emergent - Non-Turf Areas Safe and effective control of weeds in non-turf areas consisting of EPA registered synthetic herbicides. Timing, product, and application methods are determined based on specific needs of the property and desired results. Daly Property Services is licensed as a commercial applicator by the Colorado Department of Agriculture under license #17330. Aeration Aeration of turf areas by core cultivation method. Specific timing is dependent on weather conditions and property specific variables. Weekly Mow & Trim Routine mowing and trimming turf areas, typically weekly or bi-weekly during most of the growing season. Turf is mowed to a height of 3” which prevents stress by providing more shade while decreasing soil temperatures and increasing soil moisture. Blades are sharpened and maintained properly for uniform cut to prevent fuzzing and scalping. Grass clippings are either removed or mulched from the lawn depending on the time of the season and best practices. Weekly or bi-weekly visits may be adjusted in the spring and fall depending on specific property needs. Grass clippings will be blown off all beds, gravel, concrete, or asphalt surfaces including driveways, walkways, and patios. All turf edges are trimmed with care, especially around trees and other structures to prevent damage. Mow Native Mowing of native grass areas to promote new growth of native grass species and wildflowers and prevent growth of undesirable weed species. Occasional mowing of native areas can also prevent tree and shrub invasion and mitigate wildfire risk. Turf Fertilization Application of liquid or slow-release granular fertilizer to turf areas at a rate of 1lb per 1000 sq ft of actual Nitrogen. Timing or frequency are determined based on specific needs of the property and desired results. Weed Control Safe and effective control of weeds on lawns and native areas, as well as concrete, asphalt, and gravel consisting of selective and non-selective EPA registered synthetic herbicides. Timing, product, and application methods are determined based on specific needs of the property and desired results. Daly Property Services is licensed as a commercial applicator by the Colorado Department of Agriculture under license #17330. Fall Cleanup Lawns Final mowing of turf and cleanup of leaves and debris for the season to prepare the property winter. Areas covered include lawns, beds, gravel, concrete, or asphalt surfaces including driveways, walkways, and patios. Timing and frequency are dependent on weather conditions and leaf persistence. Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 5/7 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Spring Cleanup Gardens Clearing and hauling away leaves, branches, and other debris from garden beds to prepare for the growing season. Timing is dependent on weather conditions and other property specific variables. Garden Maintenance Routine maintenance of ornamental beds during most of the growing season including hand weeding, deadheading/tip pruning, raking, edging, and trimming of perennial plants and grasses depending on the time of season. Granular pre-emergent may also be used to prevent seed germination of undesirable weeds in flower and shrub beds. Timing of routine visits may be adjusted in the spring and fall depending on specific property needs. Fall Cleanup Gardens Final cleanup of ornamental beds for the season to prepare the property for winter. Perennial plants and grasses will be trimmed back and all leaves and debris will be removed. Timing and frequency are dependent on weather conditions and leaf persistence. Irrigation Startup Spring startup of irrigations systems by re-connecting water supply, commissioning, and performing a point-by-point inspection of the system. Every zone on each system is tested for functionality and timed accordingly for the season and specific property needs. Any minor issues are addressed immediately if possible, depending on the specific situation. Larger issues like pump failures or line breaks for example, will be communicated immediately along with recommendations for repair or replacement. Repairs are not included and are billed additional on a time and material basis. Specific timing is dependent on weather conditions, water supply, and property specific variables. Irrigation Check Routine inspection of the irrigation system the test functionality and ensure most efficient water use possible while still achieving desired results. Systems will be set to water in the nighttime hours as much as possible to reduce evaporation loss and will be adjusted to comply with any water restrictions when applicable. Irrigation Winterization Fall winterization of irrigation systems consisting of shutting off water supply, blowing out systems with compressed air, powering down clocks, and turning valves partially open to prevent damage. Specific timing is dependent on weather conditions and property specific variables. Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 6/7 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Terms & Conditions Routine services will generally be scheduled for the same day of the week. However, timing, frequency, and number of visits for each service listed above can vary depending on holidays, weather, and other environmental or property specific conditions. Customer is responsible for providing access to the property and ensuring service areas are clear of personal items (furniture, toys, hoses, pets, etc.) and pet waste. Daly Property Services is not responsible for personal items and will not clean up pet waste. Failure to allow access to property or remove any such items from service areas the day of scheduled service will result in the scheduled service to be canceled without refund and an additional fee charged if rescheduling is required. Any additional work beyond that listed above will require separate authorization from the customer if work will exceed $500.00, unless it is an emergency where our attention to the matter needs to be immediate. Finance charges will be applied to any overdue invoices. Daly Property Services will keep in effect a current General Liability policy in the amount of $1,000,000 per occurrence/$2,000,000 aggregate and Worker’s Compensation and Employers Liability in the limits of $1,000,000 as well as current insurance for all vehicles. Customer can request to be listed as additional insured on our General Liability Insurance Policy. Either party may terminate this agreement upon written notice if the other party breaches any material provision of this agreement. If terminated, final payment will be due within (15) days of the effective termination date, and will be based upon a pro-ration of the fee due for work completed through the date of termination, such payment to be considered payment in full. By By Sarah Bay 1/16/2025Date Date Daly Property Services Eagle County Community Building Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 7/7 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Landscape Management Agreement Eagle County Road and Bridge Prepared by Sarah Bay EXHIBIT B.3 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Thank you for choosing Daly Property Services for your Landscape Maintenance needs! We are excited to spend Summer 2025 with you and look forward to exceeding your expectations in all things Lawn Maintenance. This summer, your team will remain mostly unchanged. Julian Smith (JT) is our experienced and skilled Maintenance Foreman. He wrangles all crews on a daily basis to ensure that they are effective and efficient each time they step foot on your property. Justin Barmore is the Ownership Partner overseeing the Maintenance Division. And, Sarah Bay remains your gal in the office, herding all these cats through process, policies and procedures. The most effective way to get answers to your questions throughout the season is to email Sarah at: sarah@dalypropserv.com. We look forward to a successful summer season with you! Warmly, Justin, Sarah, Julian & Team Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 2/6 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Proposal #2828 Date: 1/16/2025 Customer:Property: Ron Siebert Eagle County Facilities Department PO Box 850 Eagle, CO 81631 Eagle County Road and Bridge 1050 JW Drive El Jebel, CO 81623 2025 Landscape Maintenance Contract Fixed Payment Services Description of Services Frequency Cost per Occ.Annual Cost Maintenance Services Weekly Mow & Trim 5 $350.00 $1,750.00 Irrigation Startup 1 $126.02 $126.02 Irrigation Winterization 1 $195.30 $195.30 Annual Maintenance Price $2,071.32 Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 3/6 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Payment Schedule Schedule Price Sales Tax Total Price April $295.90 $0.00 $295.90 May $295.90 $0.00 $295.90 June $295.90 $0.00 $295.90 July $295.90 $0.00 $295.90 August $295.91 $0.00 $295.91 September $295.90 $0.00 $295.90 October $295.91 $0.00 $295.91 $2,071.32 $0.00 $2,071.32 Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 4/6 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Services Weekly Mow & Trim Routine mowing and trimming turf areas, typically weekly or bi-weekly during most of the growing season. Turf is mowed to a height of 3” which prevents stress by providing more shade while decreasing soil temperatures and increasing soil moisture. Blades are sharpened and maintained properly for uniform cut to prevent fuzzing and scalping. Grass clippings are either removed or mulched from the lawn depending on the time of the season and best practices. Weekly or bi-weekly visits may be adjusted in the spring and fall depending on specific property needs. Grass clippings will be blown off all beds, gravel, concrete, or asphalt surfaces including driveways, walkways, and patios. All turf edges are trimmed with care, especially around trees and other structures to prevent damage. Irrigation Startup Spring startup of irrigations systems by re-connecting water supply, commissioning, and performing a point-by-point inspection of the system. Every zone on each system is tested for functionality and timed accordingly for the season and specific property needs. Any minor issues are addressed immediately if possible, depending on the specific situation. Larger issues like pump failures or line breaks for example, will be communicated immediately along with recommendations for repair or replacement. Repairs are not included and are billed additional on a time and material basis. Specific timing is dependent on weather conditions, water supply, and property specific variables. Irrigation Winterization Fall winterization of irrigation systems consisting of shutting off water supply, blowing out systems with compressed air, powering down clocks, and turning valves partially open to prevent damage. Specific timing is dependent on weather conditions and property specific variables. Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 5/6 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Terms & Conditions Routine services will generally be scheduled for the same day of the week. However, timing, frequency, and number of visits for each service listed above can vary depending on holidays, weather, and other environmental or property specific conditions. Customer is responsible for providing access to the property and ensuring service areas are clear of personal items (furniture, toys, hoses, pets, etc.) and pet waste. Daly Property Services is not responsible for personal items and will not clean up pet waste. Failure to allow access to property or remove any such items from service areas the day of scheduled service will result in the scheduled service to be canceled without refund and an additional fee charged if rescheduling is required. Any additional work beyond that listed above will require separate authorization from the customer if work will exceed $500.00, unless it is an emergency where our attention to the matter needs to be immediate. Finance charges will be applied to any overdue invoices. Daly Property Services will keep in effect a current General Liability policy in the amount of $1,000,000 per occurrence/$2,000,000 aggregate and Worker’s Compensation and Employers Liability in the limits of $1,000,000 as well as current insurance for all vehicles. Customer can request to be listed as additional insured on our General Liability Insurance Policy. Either party may terminate this agreement upon written notice if the other party breaches any material provision of this agreement. If terminated, final payment will be due within (15) days of the effective termination date, and will be based upon a pro-ration of the fee due for work completed through the date of termination, such payment to be considered payment in full. By By Sarah Bay 1/16/2025Date Date Daly Property Services Eagle County Road and Bridge Daly Property Services • PO Box 1880 • Basalt, CO 81621 970-927-2430 • www.dalypropertyservices.com Page 6/6 Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Daly Property Services Rate Sheet Supervision……………………………………………………………………………….…$95/hour Irrigation Tech ………………………………………………………………………….…$85/hour Landscape/Irrigation Labor ………………………………………………………….$75/hour Noxious Weed Spraying………………………………………………………………$145/hour Tree Pruning……………………………………………………………………………….$85/hour Skid Steer ….……………………………………………………………………………….$140/hour Mini Excavator…………………………………………………………………………….$140/hour Vermeer Trencher ……………………………………………………………………….$125/hour Bark Mulch ………………………………………………………………………………….$86/yard Topsoil Delivered……….………………………………………………………………….$96/yard EXHIBIT CDocusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 02/03/2025 Moody-Valley Insurance Agency, Inc. 760 Horizon Drive, Suite 302 Grand Junction CO 81506 Moody-Valley Insurance Agency, Inc. (970) 248-8300 (970) 242-1894 certrequestgj@moodyins.com Gunsight Holdings, LLC; dba Daly Property Services; Sanctuary Landscaping; Western Slope Snowplows; Terra Land Works PO Box 1880 Basalt CO 81621-1880 Cincinnati Indemnity Company 23280 Pinnacol Assurance 41190 Lloyds of London 25/26 Master A Y EPP0676339 02/01/2025 02/01/2026 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A Y EPP0676339 02/01/2025 02/01/2026 1,000,000 A EPP0676339 02/01/2025 02/01/2026 3,000,000 3,000,000 B 4228462 02/01/2025 02/01/2026 1,000,000 1,000,000 1,000,000 C Pollution Liability CPL01131001 02/01/2025 02/01/2027 Each Incident 1,000,000 Aggregate 2,000,000 Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are listed as additional insureds Eagle County PO Box 850 Eagle CO 81631-0850 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY EXHIBIT DDocusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3 Gunsight Holdings, LLC 00044316 Moody-Valley Insurance Agency, Inc. 25 Certificate of Liability Insurance: Notes Leased & Rented Equipment - Cincinnati Insurance Company Policy # EPP0676339 Effective 2/1/2025 to 2/1/2026 Actual Cash Value Limit 50,000 with a 1,000 deductible CONTRACTUAL LIABILITY APPLIES PER POLICY TERMS AND CONDITIONS General Liability: Blanket Additional Insured status applies only to the extent provided in form GA233 0920, GA472 0520 when required by written contract. Blanket Waiver of Subrogation applies only to the extent provided in form GA472 0520; GA233 0920 when required by written contract. Primary and Non-Contributory status only to the extent provided in form GA472 0520 when required by written contract. Designated Project General Aggregate applies only to the extent provided in form CG2503 0509 when required by written contract. Designated Location General Aggregate applies only to the extent provided in form CG2504 0509 when required by written contract. Auto Liability: Blanket Additional Insured status applies only to the extent provided in form AA288 0620 when required by written contract. Blanket Waiver of Subrogation applies only to the extent provided in form AA288 0620 when required by written contract. Primary and Non-Contributory status only to the extent provided in form AA288 0620 when required by written contract. Excess Liability: Excess Liability policy is on a follow form basis for the following underlying insurance coverages: General Liability, Automobile Liability, and Employers Liability. Additional insured status will follow when required by written contract including Primary and Non-Contributory status when required by written contract. Worker’s Compensation: 359-B From Attached Includes Blanket Waiver of Subrogation. Status applies when required by written contract. Pollution Liability: Blanket Additional Insured status applies only to the extent provided in form CPLAIBLKT 0724 when required by written contract. Blanket Waiver of Subrogation applies only to the extent provided in form CPLWOS22 1023when required by written contract. Primary and Non-Contributory status only to the extent provided in form CPLPNC 0622 when required by written contract. IMPORTANT: The policy forms referenced will be sent via email only. To obtain copies, please send your request with the email address to certrequestgj@moodyins.com ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Docusign Envelope ID: FF251406-0FB7-4A4E-B7D2-AACF4B7061D3