20260421 ICA - Independent Contractor Agreement Approved by Town Attorney as to form (2026) 2026: ICA – Ideal Fencing Corp. March 18, 2026 Page 1 of 5
2026 Independent Contractor
Service Agreement
For Contracted Services
(“Guardrail Repairs and Replacement”)
This Independent Contractor Service Agreement (“Agreement”) dated as of March 19, 2026, is between
the Town of Avon, a Colorado home rule community (“Town”), and Ideal Fencing Corp, a contractor of the
State of Colorado whose business address is 5795 Ideal Drive Erie, Colorado 80516 (“Contractor ” and,
together with the Town, “Parties”).
1. Services: Contractor agrees to provide services (“Services”) as described in the proposal
(“Proposal”) attached hereto and incorporated herein as Exhibit A. To the extent the provisions of this
Agreement conflict with the Proposal, the terms of this Agreement shall control. Contractor shall provide and
complete the Services in a manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances in Colorado. Contractor
hereby warrants that it has the workforce, training, experience, and ability necessary to properly complete
the Services in a safe and timely fashion. Contractor will comply and cause all of its employees, agents, and
subcontractors to comply, with applicable safety rules and security requirements while performing the
Services.
2.Independent Contractor: The Contractor shall perform the Services as an independent contractor
and shall not be deemed by virtue of this Agreement, or any other document attached or referenced herein,
to have entered into any partnership, joint venture, employer/employee, or other relationship with the Town
other than as a contracting party and independent contractor. The Town shall not be obligated to secure,
and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the
Contractor or the Contractor’s employees, sub-consultants, contractors, agents, or representatives, including
coverage or benefits related but not limited to: local, state, or federal income or other tax contributions;
insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or health; professional liability
insurance, errors, and omissions insurance; or retirement account contributions.
3. Insurance:
3.1. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the Term
(as defined herein) of this Agreement insurance of the kind and in the minimum amounts specified in this
Section 3.1. The Required Insurance (defined below) shall be procured and maintained with insurers with
an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor.
The Contractor shall secure and maintain the following (“Required Insurance”):
Approved by Town Attorney as to form (2026) 2026: ICA – Ideal Fencing Corp. March 18, 2026 Page 2 of 5
A.Worker’s Compensation Insurance in the minimum amount required by applicable law for all
employees and other persons as may be required by law. Such policy of insurance, if any, shall be
endorsed to include the Town as a Certificate Holder.
B.Comprehensive General Liability insurance with minimum combined single limits of One Million
Dollars ($1,000,000.00) for each occurrence and of One Million Dollars ($1,000,000.00) aggregate.
The policy shall be applicable to all premises and all operations of the Contractor. The policy shall
include coverage for bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall contain a severability
of interests provision. Coverage shall be provided on an “occurrence” basis as opposed to a “claims
made” basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name
the Town, and its elected officials, officers, employees, and agents as additional insured parties.
3.2. Additional Requirements for All Policies. In addition to specific requirements imposed on
insurance by this Section 3. INSURANCE and its subsections, insurance shall conform to all of the following:
A.For Required Insurance and other insurance carried by Contractor (“Contractor Insurance”), all
policies of insurance shall be primary insurance, and any insurance carried by the Town, its officers,
or its employees shall be excess and not contributory insurance to that provided by the Contractor;
provided, however, that the Town shall not be obligated to obtain or maintain any insurance
whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the
Services. The Contractor shall not be an insured party for any Town-obtained insurance policy or
coverage.
B.For Contractor Insurance and Required Insurance, the Contractor shall be solely responsible for any
deductible losses.
C.For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or
property damage arising from completed operations.
D.For Required Insurance, every policy of insurance shall provide that the Town will receive notice no
less than thirty (30) days prior to any cancellation, termination, or a material change in such policy.
3.3. Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously
maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections shall not
limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor
arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to
obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices,
and minimum limits shall constitute a material breach of this Agreement upon which the Town may
immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy
or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all
monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the
Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies
due to the Contractor from the Town pursuant to this Agreement.
Approved by Town Attorney as to form (2026) 2026: ICA – Ideal Fencing Corp. March 18, 2026 Page 3 of 5
3.4. Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the
Town applicable certificates of insurance for all Required Insurance. Insurance limits, terms of insurance,
insured parties, and other information sufficient to demonstrate conformance with this Section 3.
INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of insurance
shall reference the Project Name as identified on the first page of this Agreement. The Town may request
and the Contractor shall provide within three (3) business days of such request a current certified copy of any
policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold
payment for Services until the requested insurance policies are received and found to be in accordance with
the Agreement.
4. Payment: Payment for Services shall be due only after the Services are completed to the Town’s
satisfaction, which satisfaction shall be determined by the Town in its sole and reasonable discretion, and
after Contractor has submitted an invoice for the amount due complete with the Contractor’s taxpayer
identification number or social security number. Town shall pay Contractor within thirty (30) days after an
invoice in proper form is submitted to Town.
5.Town Unilateral Termination: Town may terminate this Agreement without cause upon delivery of
written notice to the Contractor at least ten (10) days prior to the effective date of termination or may terminate
this Agreement immediately upon delivery of written notice if Contractor fails to provide the Services in
accordance with the terms of this Agreement.
6.No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive,
limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24,
Article 10, Part 1 of the Colorado Revised Statutes.
7.Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to
ensure applicants are employed, and employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
8.No Third-Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a
contractual relationship with, cause of action in favor of, or claim for relief for, any third-party, including any
agent, sub-consultant, or sub-contractor of Contractor. Absolutely no third-party beneficiaries are intended
by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended
beneficiary only.
9.Limitation of Damages: The Parties agree that Contractor’s remedies for any claims asserted
against the Town shall be limited to proven direct damages in an amount not to exceed payment amounts
for Services due under the Agreement and that the Town shall not be liable for indirect, incidental, special,
consequential or punitive damages, including but not limited to lost profits.
10. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and against
Approved by Town Attorney as to form (2026) 2026: ICA – Ideal Fencing Corp. March 18, 2026 Page 4 of 5
all claims, damages, losses, and expenses, including but not limited to reasonable attorney’s fees, arising
out of the performance of the Services, provided that any such claim, damage, loss or expense is caused by
any negligent act or omission of Contractor, anyone directly or indirectly employed by Contractor or anyone
for whose acts Contractor may be liable, except to the extent any portion is caused in part by a party
indemnified hereunder.
11.Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in
the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite
the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have
to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties
agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply
to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and
any exhibit or attachment, the language of this Agreement shall govern.
12. Term. The provision of Services under this Agreement shall commence on March 23, 2026, (the
“Effective Date”) and will terminate twelve consecutive calendar months later (cumulatively, the “Term”).
The Contractor understands and agrees that the Town has no obligation to extend this Agreement’s Term or
contract for the provision of any future services, and makes no warranties or representations otherwise.
Notwithstanding the foregoing, the Parties may mutually agree in writing to the monthly extension of this
Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town
Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this
Agreement.
13.Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject
to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and
requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement
does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and,
therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town
are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the
Town’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the
Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town
of Avon, and other applicable laws. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
14.Background Check. A background check of Contractor and any Contractor’s employees or
subcontractors may be required by the Town. Contractor can provide proof of a CBI check within the past
six (6) months and shall provide a copy prior to the commencement of any Services (this can be acquired
online by going to www.colorado.gov) or the Town will conduct the background check and provide a
submission form to be completed by the Contractor.
15. Assignability. The Contractor shall not assign this Agreement without the Town’s prior written
consent.
16.Survival Clause. The “Indemnification” provision set forth in this Agreement shall survive the
completion of the Services and the satisfaction, expiration, or termination of this Agreement.
Approved by Town Attorney as to form (2026) 2026: ICA – Ideal Fencing Corp. March 18, 2026 Page 5 of 5
17. Severability. In the event a court of competent jurisdiction holds any provision of this Agreement
invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
AGREEMENT READ, UNDERSTOOD, AND APPROVED:
Joe Guitar (Mar 19, 2026 09:27:14 MDT)
Joe Guitar
Eric Heil (Mar 20, 2026 11:47:41 MDT)
Eric Heil
dave@idealfencingcorp.com
Pay Item Description Quantity Unit Cost Per Unit Amount
1: REMOVAL OF GUARDRAIL (W. BEAVER CREEK BLVD)535 LF 7.00$ 3,745.00$
2: GUARDRAIL TYPE 3 (W. BEAVER CREEK BLVD)512.5 LF 51.00$ 26,137.50$
3: END ANCHORAGE TYPE 3K (W. BEAVER CREEK BLVD)2 EA 3,710.00$ 7,420.00$
4: R&R GUARDRAIL TYPE 3 (METCALF ROAD)25 LF 58.00$ 1,450.00$
5: R&R END ANCHORAGE TYPE 3K (METCALF ROAD)1 EA 3,710.00$ 3,710.00$
6: TRAFFIC CONTROL 4 DY 1,850.00$ 7,400.00$
7: MOBILIZATION 1 LS 6,500.00$ 6,500.00$
-$
-$
-$
-$
NEW INSTALLATION TO HAVE WOOD POST & BLOCK WITH CORTEN STEEL W-BEAM.-$
ALL REPAIR AND REPLACEMENT MATERIAL TO MATCH EXISTING.-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
56,362.50$
Exclude: Dirt Work, Spoils Removal, Paving/Patching, Core Drilling, Engineering, Post Block Outs.
Furnished and installed per plans and specifications. David J. Elger
David J. Elger
Vice President
Exclude: Survey, Clearing and Grubbing, Traffic Control, Permits, Grounding.
Bond (Add 1.0%, Minimum $200.00)
Quote subject to change after 30 days.
Utility potholing will be billed at $400 PER HOUR (Port to Port) as needed.
All excavations/posts within 18in of utility(s) will be hydro-excavated at $400 PER HOUR (port to port).
Proposal
Proposal Date:Proposal No.:
5795 Ideal Drive
Erie, Colorado 80516
Office (303) 962-8100
Fax (303) 962-8199
8/11/2025 20250502
Project Name:
TOWN OF AVON
EXHIBIT A
To: Contact:TOWN OF AVON Steven Maestas
Town Of Avon - Wildwood RoadProject Name:Bid Number:195582285
Fax:AVON, CO 81620
Address:P.O. BOX 975 Phone:
Project Location:39.65493365152448, -106.53616289189576, Avon, CO Bid Date:3/13/2026
Total PriceUnit PriceUnitItem DescriptionItem # Estimated Quantity
$650.00$6.50100.00202-01130 LFRemoval of Guardrail Type 3
$590.00$295.002.00202-01300 EACHRemoval of End Anchorage
$4,550.00$45.50100.00606-00302 LFGuardrail Type 3 (31 Inch Midwest Guardrail System)
$7,420.00$3,710.002.00606-01390 EACHEnd Anchorage Type 3K
$1,300.00$1,300.001.00626-00000 LSMobilization
$1,850.00$1,850.001.00630-00002 DYConstruction Traffic Control
$16,360.00Total Bid Price:
Notes:
• All work described in this proposal/bid/quotation will be governed by the terms and conditions located at: Terms and Conditions - RoadGuard.
• Excludes: Tax, Survey, Clearing & Grubbing, Permits, Engineering, Traffic Control, Grounding, Core Drilling,
Spoils Removal, Dirtwork & Grading, Asphalt Patch/Paving, Guardrail Post Blockouts.
Bond (Add 1%, $200.00 minimum).
Quote subject to change after 30 days.
Utility potholing excavations/posts within 18 in of utility(s) will be hydro-excavated at $400 PER HOUR (port to port).
Furnished and installed per plans and specifications.
• Guardrail quoted with wood post and corten self-weathering steel.
• Quote includes removal and replacement of existing Guardrail near 1002 Wildwood Road. Replacement to match existing length of Guardrail. (100 lf
Type 3 Guardrail w/2 each 3K end anchorages)
ACCEPTED:
The above prices, specifications and conditions are satisfactory
and hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Ideal Fencing Corp
Authorized Signature:
Estimator:David Elger
303-962-8100 dave.elger@idealfencingcorp.com
Page 1 of 13/13/2026 3:00:43 PM
To: Contact:TOWN OF AVON Steven Maestas
METCALF ROAD TRUCK TURNAROUNDProject Name:Bid Number:20250173
Fax:AVON, CO 81620
Address:P.O. BOX 975 Phone:
Project Location:39.65875886837751, -106.53768736462199, Avon, CO Bid Date:10/29/2025
Total PriceUnit PriceUnitItem DescriptionItem # Estimated Quantity
$500.00$8.0062.501 LFRemove Guardrail Type 3
$2,090.63$55.7537.502 LFGuardrail Type 3 (6' Steel Post)(C-10)
$7,420.00$3,710.002.003 EACHEnd Anchorage Type 3k
$1,850.00$1,850.001.004 DYTraffic Control
$1,300.00$1,300.001.005 LSMOBILIZATION
$13,160.63Total Bid Price:
Notes:
• Excludes: Tax, Survey, Clearing & Grubbing, Permits, Engineering, Traffic Control, Grounding, Core Drilling,
Spoils Removal, Dirtwork & Grading, Asphalt Patch/Paving, Guardrail Post Blockouts.
Bond (Add 1%, $200.00 minimum).
Quote subject to change after 30 days.
Utility potholing will be charged at $400 PER HOUR (port to port) as needed.
All excavations/posts within 18 in of utility(s) will be hydro-excavated at $400 PER HOUR (port to port).
Furnished and installed per plans and specifications.
• All guardrail material to be corten steel.
• All guardrail and end anchorages to be corten steel.
ACCEPTED:
The above prices, specifications and conditions are satisfactory
and hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Ideal Fencing Corp
Authorized Signature:
Estimator:David Elger
303-962-8100 dave.elger@idealfencingcorp.com
Page 1 of 110/29/2025 4:32:02 PM
ICA 2026 IDEAL FENCING
Final Audit Report 2026-03-20
Created:2026-03-19
By:Steven Maestas (smaestas@avon.org)
Status:Signed
Transaction ID:CBJCHBCAABAAsKzy528PfGaRqt-6cw5nJ1RZltZvq7Ir
"ICA 2026 IDEAL FENCING" History
Document created by Steven Maestas (smaestas@avon.org)
2026-03-19 - 2:17:05 PM GMT
Document emailed to joe.guitar@idealfencingcorp.com for signature
2026-03-19 - 2:20:20 PM GMT
Email viewed by joe.guitar@idealfencingcorp.com
2026-03-19 - 2:23:57 PM GMT
Signer joe.guitar@idealfencingcorp.com entered name at signing as Joe Guitar
2026-03-19 - 3:27:12 PM GMT
Document e-signed by Joe Guitar (joe.guitar@idealfencingcorp.com)
Signature Date: 2026-03-19 - 3:27:14 PM GMT - Time Source: server
Document emailed to Eric Heil (eheil@avon.org) for signature
2026-03-19 - 3:27:16 PM GMT
Email viewed by Eric Heil (eheil@avon.org)
2026-03-20 - 5:46:22 PM GMT
Document e-signed by Eric Heil (eheil@avon.org)
Signature Date: 2026-03-20 - 5:47:41 PM GMT - Time Source: server
Agreement completed.
2026-03-20 - 5:47:41 PM GMT