Chaffee VWC Mitigation Contractor RFQ.pdf

Chaffee County Government - Wildlife Connectivity and VWC Mitigation Planner RFQ – 6/24/2025 Page 1 of 5

Request for Qualifications (RFQ) Chaffee County Government

Project: Vehicle-Wildlife Collision Mitigation Planner

Client: Chaffee County Government (“County”)

Client Representative:

Miles Cottom 104 Crestone Avenue Salida, Colorado 81201 mcottom@chaffeecounty.org Phone: (719) 221-3475

Response Submission Deadline: July 9, 2025, 12:00pm MDT

Chaffee County Government - Wildlife Connectivity and VWC Mitigation Planner RFQ – 6/24/2025 Page 2 of 5

RFQ: Wildlife Connectivity and Vehicle-Wildlife Collision Mitigation Planner

1. Background and Project Description

The Chaffee County Planning & Zoning Department is soliciting qualifications for a consultant/contractor to assist in the planning, public engagement, and drafting processes for the County’s Safety Action Plan (SAP) under the Federal Highway Administration’s Safe Streets for All (SS4A) initiative. Specifically, the County is seeking to retain a professional with significant experience in planning and implementing efforts to mitigate vehicle-wildlife collisions (VWCs) to work on portions of the SAP dealing with VWC mitigation. VWCs make up over 25% of the County’s traffic incidents, and a comparable portion of the SAP will be dedicated to reducing related safety concerns.

2. Project Goals and Deliverables

The County’s expectation is that the VWC mitigation contractor selected through this RFQ process will work as part of a team with the consultant/contractor ultimately selected to lead and deliver the overall SAP. The County will issue a Request for Proposals (RFP) for the overall SAP following the selection of the VWC mitigation contractor, and will require that any consultant/contractor responding to the SAP RFP work directly with the County’s VWC mitigation contractor to produce the deliverable SAP pursuant to SS4A requirements.

3. Scope of Work and Technical Specifications

The scope of services must conform to the requirements for a SAP under the SS4A program, and must meet County standards as set forth in the County’s standard service contract. These details and/or documents are attached hereto and incorporated by reference. It is understood that as this is a sub-component of the SAP, the full scope of work and associated budget will be more clearly defined in the RFP for the SAP. The selected VWC mitigation contractor will be listed as a contact for submissions for the SS4A SAP RFP and, if mutually desired, may assist the County in evaluating responses to the SS4A SAP RFP. The selected VWC mitigation contractor may also assist the County in other planning efforts related to road ecology, wildlife connectivity, and mitigation of VWCs outside the scope of the SS4A SAP, if and when necessary.

4. Response Elements and Format

Contractors interested in performing the work described in this request for qualifications should submit the following information to the County in any order they choose:

a. A letter of interest.

b. Summary of qualifications and examples of similar successfully completed prior work.

c. An understanding of the basic issues related to the mitigation of VWCs in Chaffee County.

d. Estimated costs or fees schedule(s), where applicable (including a rough outline of a budget for completing the VWC mitigation portion of the SS4A SAP).

e. A mark-up of the County Contract (“Contract”) with proposed edits, if any.

Chaffee County Government - Wildlife Connectivity and VWC Mitigation Planner RFQ – 6/24/2025 Page 3 of 5

5. Duration of Contract and Operational Period

The County desires a work commencement no later than August 5, 2025, and the contract will run through the duration of the SS4A SAP project, subject to consultation with the contractor.

6. Budget

The response must indicate how the contractor typically prepares a budget for related projects, including cost ranges, itemized by labor, materials, and equipment and any other work or services necessary to complete such projects, including the use and pricing for third party contractors. Third party work and self-work must be itemized.

7. Response Due Date, Time, and Location

a. Public Notice: June 25, 2025

b. RFQ Document issued: June 25, 2025

c. RFQ Packets Due: July 9, 2025, 12:00pm

d. RFQ review and evaluation/interviews: July 9-15, 2025

e. Recommendation to Commissioners: not before July 15, 2025

f. Negotiation and Award of Contract: no later than August 5, 2025.

If a contractor fails to provide the required information, such response may be disregarded.

More details pertaining to the RFQ are available on the County’s website at www.chaffeecounty.org/Public-Notices or from Miles Cottom at mcottom@chaffeecounty.org.

Questions regarding this RFQ's specifications should be directed to Miles Cottom at mcottom@chaffeecounty.org. All responses and material shall be kept confidential until response opening, at which time they will become subject to public disclosure.

8. Submit responses to:

Responses shall be submitted to the County through the County’s BidNetDirect.com platform or emailed to: Miles Cottom mcottom@chaffeecounty.org

9. Late Responses, Modifications, and Withdrawals

Responses received after: July 9, 2025 at 12:00pm MDT may not be considered. All responses and material shall be kept confidential until response opening, at which time they will become subject to public disclosure.

10. Acceptance of Responses and Approval of Contract

Chaffee County Government - Wildlife Connectivity and VWC Mitigation Planner RFQ – 6/24/2025 Page 4 of 5

The County reserves the right to reject any or all responses, to further negotiate with the successful contractor, to waive information and minor irregularities in responses received, and to accept any portion of the response if deemed to be in the best interest of the County to do so.

Acceptance of a response will not impart any rights to any party including, and without limitation, rights of enforcement, equity, or reimbursement, until the Contract and all related documents are approved and properly executed.

Final acceptance of any response is contingent upon execution of the Contract attached hereto and incorporated by reference. Any edits to this Contract must be set forth in written detail in the response. Please note that the County is not able to entertain substantial edits to the Contract.

11. Qualification Evaluation

Qualifications will be evaluated by County staff and representatives. The evaluation process will rely on the requested information to be provided. Consequently, it is expected that successful applicants will demonstrate a thoughtful and thorough response to the entire set of questions and requests for information addressed in the RFQ.

Qualifications determined to be incomplete or deficient will be eliminated from further review. Failure to adequately or completely address any question or request for information could adversely affect the evaluation. The County may, in its discretion, request clarification or additional details from any applicant.

All information submitted in response to this RFQ is public after the Notice of Award has been issued. The contractor should not include as part of the response to the RFQ any information which the contractor believes to be a trade secret or other privileged or confidential data. If the Proposer wishes to include such material with a response, then the material should be supplied under separate cover and identified as confidential. Statements that the entire response is confidential will not be honored. The County will endeavor to keep that information confidential, separate and apart from the response subject to the provisions of the Colorado Open Records Act (“CORA”) or court order.

All information provided is subject to public disclosure under CORA unless clearly identified and marked as confidential and qualifies as confidential under CORA.

Responsibility for timely submission and routing of responses, prior to recording, lies solely with the contractor. Responses received after the closing time specified will not be considered.

Telephone, hardcopy, or facsimile responses will NOT be accepted.

Applicants will not be discriminated against on grounds of race, color, or national origin.

12. Insurance

Chaffee County Government - Wildlife Connectivity and VWC Mitigation Planner RFQ – 6/24/2025 Page 5 of 5

See Contract for required insurance amounts.

13. Performance and Payment Bond

See Contract for required insurance amounts.

14. Indemnification

See Contract for specific indemnities required by an approved Contractor. The County is statutorily precluded from offering indemnities to the Contractor or any other third party.

CHAFFEE COUNTY SERVICES AGREEMENT

This Agreement is made and entered into as of the _______________, 2025, and is by and between the County of Chaffee, State of Colorado (“County”), acting by and through the Board of Commissioners of Chaffee County, Colorado and ______________________, serving as an Independent Contractor (“Contractor”).

BACKGROUND

The County desires to contract for the services of Contractor as an independent contractor to provide the services of _________________________________________________ pursuant to the terms and conditions of this Agreement (“Agreement”).

Contractor is experienced and knowledgeable in _________________________. The Chaffee County Board of County Commissioners desires to establish engagement with Contractor to fulfill the scope as established herein.

AGREEMENT

In consideration of the rights and obligations specified below, the County and Contractor agree as follows:

1. Performance of Services.

a) Scope of Services. The attached Exhibit A outlines the projects, work activities, and deliverables for completion of services (the “Work”). Contractor shall have control as to the time and place of the performance of these services and the means by which they accomplish the services. Contractor is not required to observe particular working hours or work a specified number of hours. Contractor shall determine whether it possesses the sufficient training and background to carry out specific requests for services. Contractor shall not be required to perform any act that violates Contractor’s professional standards or ethics. Except as expressly provided in this Agreement, Contractor will, in a good and workmanlike manner and at their own cost and expense, furnish all labor and equipment and do all work necessary and incidental to performing the Work. Contractor shall perform the Work in strict accordance with this Contract.

b) Quality of Performance. Contractor shall perform the Contract in a manner satisfactory and acceptable to the County. The County shall be the sole judge of the quality of performance.

c) Other Activities. Contractor may engage in other activities for compensation provided they do not conflict with the responsibilities or limitations set forth in this Agreement. Contractor shall adhere to the Chaffee County Purchasing Code of Ethics, as may be amended from time to time, attached as Exhibit B.

Notwithstanding the foregoing, the County acknowledges that Contractor may provide services for other entities, including entities that may benefit from Contractor efforts.

d) Subcontractors. Contractor may hire, at their expense, any subcontractors if approved in writing by the Contractor and provided such assistants do not hinder the County’s business, subject to the below Prohibitions on Public Contract for Services.

e) Reports. Contractor shall provide report updates to the County on a __________ basis, as described in Exhibit A. Contractor shall provide _______________ written status reports on program activities to ______________________ and shall provide any additional reports or documentation the County deems necessary to comply with State grant or federal reporting requirements pursuant to this Contract or those required by law.

f) Contractor Cooperation. Contractor shall cooperate and provide County all information requested by County for the purpose of submitting legally-required reports or forms to independent auditors, state or federal agencies including, without limitation, the Internal Revenue Service and the Colorado Department of Revenue.

2. Independent Contractor. Contractor is an independent contractor and is responsible for all taxes (including employment taxes) and insurance applicable under existing laws with respect to the fees paid under this Contract. Contractor shall not have authority to bind the County in any contract or agreement. Contractor will not participate in any retirement, bonus, welfare or benefit plans of County. Contractor acknowledges that it is not entitled to unemployment insurance benefits or workers’ compensation benefits from Chaffee County, its elected officials, agents, or any program administered or funded by Chaffee County. Contractor shall be entitled to unemployment insurance or workers’ compensation insurance only if unemployment compensation coverage or workers’ compensation coverage is provided by Contractor, or some other entity that is not a party to this Contract.

3. Fees. For services rendered, Contractor shall be paid ________________________. Upon termination of the Agreement, County shall pay Contractor for services rendered, less any damages suffered by County as a result of termination by County for cause.

4. Expenses. Except as set forth herein, Contractor is responsible for Contractor's expenses and overhead, including without limitation, travel, insurance, office, phone, internet access, material and equipment expenses, and expenses in connection with furthering Contractor's skills or membership in professional societies and organizations. Any other expenses relating to Contractor activities for which they desire to seek compensation and/or reimbursement must be pre-approved by Chaffee County and will be paid for approved expenses only following submission of documented receipts. Contractor acknowledges that they will only be reimbursed for expenditures incurred solely related to responsibilities within the scope of work following submission of documented receipts.

5. Approvals and Authorizations. Contractor will require the County’s approval before beginning work on projects or programs that may potentially obligate the County in any manner, whether financial, legal, or personnel time, etc. All Contracts must be approved and executed by the Board of County Commissioners. With reasonable notice, the County may request changes or cancellations or stop work in progress. Where changes or cancellations are requested, the County will reimburse Contractor for accumulated fees and expenses up to the date and time of cancellation, provided such fees and expenses are pre-approved by the County. Contractor shall not be deemed an agent or a party to any contract between the County and third parties and Contractor shall have no authority to bind the County.

6. Term and Termination.

a) This initial term of the Contract is effective as of ______________ and will continue through _________________. [Contract shall be automatically renewed at the end of the initial term for an additional term of 12 months until the fifth year of the Agreement.] Regardless, any party may provide notice of non-renewal by giving the other party written notice of non-renewal at least 30 days prior to the end of each 12 month term.

b) Either party may terminate this Agreement for any reason or no reason at all by giving the other at least fifteen (15) days written notice at the address shown below.

Either party may terminate this Contract without notice at any time for cause. Cause shall be defined as one or more of the following: 1) intentional, willful, and wanton misconduct resulting in damages to the other party; 2) gross negligence resulting in damages to the other party; or 3) substantial and continuing breach of duties set forth in this contract.

c) Upon termination, the County’s sole liability with respect to Contractor’s compensation shall be to pay Contractor for work which has been completed through date of Termination. Upon payment in full, Chaffee County shall have the entire right, title and interest in and to such work. If County terminates this Contract because Contractor has materially breached this Contract, County shall have all rights and remedies available at law or equity.

d) The other provisions of this Contract notwithstanding, financial obligations of

County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. The County is prohibited by law from making financial commitments beyond the term of its current fiscal year. The County has contracted for services under this Contract and has reason to believe that sufficient funds will be available for the full term of the Contract. Where, however, for reasons beyond the control of County as the funding entity, funds are not allocated for any fiscal period beyond the one in which this Contract is entered into, County shall have the right to terminate this Contract by providing seven days written notice to Contractor, and will be released from any and all obligations hereunder. If County terminates the Contract for this reason, County and Contractor shall be released from all obligations to perform Work and make payments hereunder, except that County shall be required to make payment for Work which has been performed by Contractor prior to the effective date of termination under this provision; and, conversely, Contractor shall be required to complete any Work for which County has made payment prior to providing written notice to Contractor of the termination.

7. Representations and Warranties. Contractor represents and warrants the following:

a) Contractor owns (and, to the extent developed during the term of this Contract, will own) the entire right, title and interest in and to the deliverables and there are no claims, liens or clouds on such title. The deliverables are Contractor’s original creation, or if not original, do not infringe upon the copyrights of any person or business.

b) Contractor has obtained all authorizations and permits necessary or required by law in connection with the services provided pursuant to this Contract. Contractor shall materially comply with all relevant laws, regulations and ordinances in rendering services under this Contract.

c) Insurance. Contractor has obtained and shall continue to maintain at their own expense, and without cost to County, insurance protection from a company authorized to do business in Colorado, the following kinds and minimum amounts of insurance for purposes of insuring the liability risks which the Contractor has assumed until this Contract has expired or is terminated:

i. Comprehensive General Liability in the amount not less than those limits of liability established from time to time for governmental entities under the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24- 10-114. Currently, such limits are $424,000.00 per person and $1,195,000.00 per occurrence. This coverage should be provided on an ISO1998 Form or the most current form. Coverage to include:

a. Premises

b. Products/Completed Operations if Work includes a manufacturing operation

c. Broad Form Comprehensive, General Liability

ii. Automobile Liability. Minimum limits are required to be $1,000,000.00 for each occurrence. Coverage must include:

a. All vehicles owned, non-owned, and hired to be used on the

Contract;

b. Medical Payments.

iii. Employer’s Liability, Workers’ Compensation and Unemployment

Insurance. Contractor shall secure and maintain employer’s liability, Workers’ Compensation Insurance and Unemployment Insurance that will protect it against any and all claims resulting from injuries to and death of employees, if any, engaged in work under the Contract. The term ‘employee’ and/or ‘independent contractor’ will be defined for the purpose of this Contract by reference to regulations of the Department of Labor, Social Security and the Internal Revenue Service. Employer's Liability is required for minimum limits of $100,000.00 Each Accident; $500,000.00

Disease-Policy Limit; $100,000.00 Disease-Each Employee.

iv. Employee Fidelity Bonding. In the event Contractor hires employees to perform the services provided for hereunder, Contractor shall secure and maintain a fidelity bond which protects Chaffee County against loss arising from a fraudulent or dishonest act of the Contractor’s employees.

v. Named Insured and Certificates of Insurance.

1. Chaffee County, at Contractor’s sole expense, shall be named as insured or additional insured on all insurance policies required under this Contract. The “additional insured” wording shall be as follows:

County of Chaffee, State of Colorado, a body corporate and politic, is named as Additional Insured.

2. Contractor shall furnish County prior to the commencement of work under this Contract and annually thereafter copies of company-issued Certificates of Insurance policies obtained by Contractor in compliance with this paragraph demonstrating that the insurance requirements have been met, and Contractor shall ensure that County is notified in writing and at least thirty days in advance of any amendment or cancellation of such policy or policies.

These Certificates of Insurance shall also contain a valid provision or endorsement that these policies may not be canceled, terminated, changed or modified without thirty days written notice to the County.

Certificates shall be forwarded to:

Dan Short, Finance Department Chaffee County P.O. Box 699 Salida, CO 81201

8. Work Ownership. This is a “work for hire” labor arrangement. All ideas, materials, products, and work prepared by, and discoveries made by Contractor in fulfillment of this Contract and relating uniquely to Chaffee County belong exclusively to Chaffee County.

Upon termination or expiration of this Contract, all ideas, materials, products, work, and discoveries in Contractor's possession that relate uniquely to Chaffee County will be delivered to Chaffee County within two weeks of termination or expiration and payment in full of all fees due to Contractor, along with written certification of same. Upon termination or expiration, Contractor will assign to Chaffee County all rights to ideas, materials, products, and work prepared by, and discoveries made by, Contractor under this Agreement and relating uniquely to Chaffee County. Contractor’s ideas, materials, products and work not relating uniquely to Chaffee County remain the property of Contractor. This section shall survive termination or expiration of this Contract.

9. Non-discrimination. Contractor agrees to comply with the letter and spirit of the Colorado Anti-Discrimination Act, C.R.S. § 24-34-401, et seq., as amended, and all applicable local, state and federal laws respecting discrimination and unfair employment practices.

Contractor is responsible for ensuring all subcontractors or others engaged to perform services on its behalf adhere to this provision.

10. Indemnification. Contractor shall be liable and responsible for any and all damages to persons or property caused by or arising out of the actions, obligations, or omissions of Contractor, its employees, agents, representatives or other persons acting under Contractor's direction or control in performing or failing to perform the work under this Contract. Contractor will defend, indemnify and hold harmless the County, its elected and appointed officials, and its employees, agents and representatives (the "indemnified parties"), from any and all liability, claims, demands, actions, damages, losses, judgments, costs or expenses, including but not limited to attorneys’ fees, which may be made or brought or which may result against any of the indemnified parties as a result or on account of the actions or omissions of Contractor, its employees, agents or representatives, or other persons acting under the Contractor’s direction or control. In addition, the parties reserve the right to bring tort claims in the event of the discovery of an intentional fraud committed during contract performance. Nothing in this indemnification agreement shall be construed in any way to be a waiver of the County's immunity protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended and as may be amended from time to time. This section shall survive the termination of this Contract.

11. No Waiver of Breach. County’s failure to insist upon strict compliance with the provisions of this Contract will not be construed in any way as a waiver of any of County’s rights or privileges. All remedies afforded in this Contract shall be cumulative, that is, in addition to every other remedy provided in this Contract or by law.

12. Original Creation. Contractor will defend, hold harmless and indemnify County from and against any damages and expenses (including reasonable attorneys’ fees and expenses) in any action for infringement of intellectual propriety rights with respect to ideas, materials and/or products used or provided by Contractor. This section shall survive the termination of this Contract.

13. Prohibition on Acceptance of Gifts. Pursuant to Section 3 of Art. XXIX of the Constitution of the State of Colorado, County Employees or contractors cannot accept any gifts, meals, theatre or sporting event tickets unless:

a) The aggregate value of things received from a single source does not exceed

$75/calendar year, or maximum amount as amended; or

b) The County employee/elected official gave the donor consideration of equal or greater value; or

c) An enumerated exception applies.

14. General Provisions.

a) Amendment. This Contract may be amended only by a written instrument signed by the parties to this Contract.

b) Successors and Assigns; Assignment by Contractor Prohibited. The rights and obligations of County under this Contract will inure to the benefit of and will be binding upon the successors and assigns of County. Contractor may not pledge, assign or transfer either this Contract or any of the payments or benefits under this Contract without the written consent of County.

c) Severability. If a tribunal of competent jurisdiction determines that any provision of this Contract is void, illegal, or unenforceable, the other provisions will remain in full force and effect. Any provision determined to be void, illegal, or unenforceable will be limited so that this Contract will remain in effect to the fullest extent permissible by law.

d) Breach. Any waiver of a breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. All remedies afforded in this Contract shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law.

e) Termination of Prior Agreements. This Contract cancels and terminates, as of its effective date, all prior agreements between the parties relating to the services covered by this Contract, whether written or oral or partly written and partly oral.

f) Third Party Beneficiary. The enforcement of the terms and conditions of this

Contract and all rights of action relating to such enforcement shall be strictly reserved to the County and Contractor, and nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other or third person.

It is the express intent of the parties to this Contract that any person receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.

g) Notices. All notices shall be in writing. Notices will be deemed to have been duly given if delivered personally or if mailed via registered or certified mail (return receipt requested and postage prepaid) and confirmed by such registered or certified mail receipt, given by facsimile or e-mail confirmed by receipt, or sent by courier confirmed by receipt, addressed to the party at the address set forth below or at such other address as either party may designate to the other in accordance with this Section. Notices shall be deemed to be given on the date of receipt, except that if delivery is refused, notice shall be deemed given on the fifth (5th) day after it is sent.

h) Counterparts. The parties may execute this Contract in any number of counterparts, each of which will be deemed an original.

i) Statutory Requirements. This Contract is subject to all statutory requirements that are or may become applicable to counties or political subdivisions of the State of Colorado generally. Without limiting the scope of this provision, the Contract is specifically subject to the following statutory requirement: Contract payments may be withheld pursuant to C.R.S. § 38-26-107 if the County receives a verified statement that Contractor has not paid amounts due to any person who has supplied labor or materials for the project.

j) Entire Agreement. All exhibits to this Contract and provisions set forth in County’s

Request for Proposal and Contractor’s responses to County’s Request for Proposal, if any, together with any alterations and/or modifications, are incorporated as part of this Contract and such represents the entire agreement between County and Contractor with respect to the transactions contemplated by this Contract and supersedes all previous negotiations, commitments, letters of intent and other writings.

k) Priority of Provisions. In the event that any terms of this Contract and any Exhibit, attachment, or other referenced document are inconsistent, the terms of this Contract shall control.

l) Colorado Open Records Act. All information provided under this Contract is subject to public disclosure under the Colorado Open Records Act (“CORA”) or the Colorado Criminal Justice Act (“CCJRA”) unless clearly identified and marked as confidential and qualifies as confidential under CORA or CCJRA.

m) Controlling Law and Jurisdiction. The interpretation and performance of this Contract shall be construed under the laws of Colorado, without regard to choice of law principles. In the event of litigation, jurisdiction and venue shall be in the Chaffee County District Court.

[SIGNATURE PAGE FOLLOWS]

Contractor Board of Commissioners of Chaffee County

By: _____________________________ By: _____________________________

Name: Name:

Title: Title: Chaffee County Commissioners, Chair

Fed ID #

Notice Address: Notice Address:

Chaffee County Government Attention: County Attorney P.O. Box 699 Salida, CO 81201