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HomeMy WebLinkAboutresolution.council.107-18 RESOLUTION #107 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND COPPERHEAD PLUMBING AUTHORIZING THE.CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for boiler replacement service at Marolt Ranch Seasonal Housing, between the City of Aspen and Copperhead Plumbing, a true and accurate copy.of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, . That the City Council of the City of Aspen hereby approves that Contract for boiler replacement service for Marolt Ranch Seasonal Housing, between the City of Aspen and Copperhead Plumbing, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTEby he City Council o the City of Aspen on the 23`d day of July 2018. i "§t-even Ska Mayor 1, Linda Manning, duly appointed and acting City erk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, July 23, 2018. i I Linda Manni g, City Clerk CITY OF ASPEN CITY OF ASPEN GENER-AL SERVICES AGREEIIE\T Project Number: 2018-50856 THIS AGRE-ENIENT made this 9" day of July 1_018. by and between the City of Aspen ("City")and the Contractor identified hereinbelow. WITNESSETH. that \\hereas the City \\ishes to purchase the services described hereinbelow and Contractor wishes to provide said services to the City as specified herein. NOW THEREFORE_. in consideration of the following covenants, the parties agree as follo\\s: CONTRACTOR Copperhead Plumbing and Heating Inc. Ed Sullivan PO Box 261 Basalt. CO 81621 970-618-2276 Copperhead261@msn.com msn.com DESCRIPTION OF SERVICE Copperhead will: • Remove and properly dispose ofthe existing boilers located in Buildiml 800. 100 Marolt Place in Aspen. Colorado. • Provide two Lochinyar\VH399 hiLh efficiency boiler, pans. labor and supplies necessan_. to install. • \lake corrections to the boiler piping to ensure efticient operation. • Simplify and correct control wiring to ensure efficient operation. • Provide lot\ water cut-off and flow switches. o Replenish glycol as needed to ensure safe and efficient operation. • Insulate boiler piping. • Correct rooftop venting and caulk roof flashing to ensure proper ventilation. \lore specifically: Replace two unreliable NTl Trinity 399 N1131-1 boilers \\ith two Lochinvar \VH 399 hieh efficiency boilers. Make corrections to boiler piping. Use Grundfos 43-100 pumps as boiler pumps instead ofthe Grundtos 26-99 pumps supplied with the boiler'to reduce the Delta T between supply and return temperatures to less than 25 degrees F to allow boilers to run at lowest possible temperatures. Increase boiler tap piping from current 1 1'4" to 1 1112" to mmch Lochinwar boiler taps. Add Calelli dirt separator trap to each boiler. Relocate boiler iv jection points oil primary loop piping. Relocate point of no pressure chance on primary loop piping. Relocate closely spaced tees supplying sccondarw piping loop serving fan coil units in rooms. Add service valves and drains to allose individual servicing of boilers or secondary loop piping. Increase size ofgas pipe serving the two boilers. Increase capacity of condensate neutralizer. Simplify and correct control wiring. Add manual reset lot\, water cut offs and flow switches to both boilers as per State Boiler Inspector. Identify boiler power switches with red stitch plates as per State Boiler inspector. Service Spirowent Senior auto air vent. Replenish glycol antifreeze spilled on floor. Haul boilers in and out ol'subterra'nean vault. Insulate boiler pipin.1 with liberelass insulation. Program boilers Ibr ntaxin-tuit efficiency. Combustion analvsis high lire and lot\, fire of both boilers. Correct rooftop venting and caulk roof flashing. Local and state inspections. Prgject scope is limited to the "primary" boilers and pumps and piping system. Cursory inspection indicates that the ASMI: expansion tank and Gnmdfos "secondary" system pumps are in good working order and do not require replacement. Workmanship warrantied for one year. Materials twarrantied per manufacturer. DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED Work shall take place between August—_-�9'2018 and August 31. 2018. No exceptions to the timeline shall be made. A3 DESCRIPTION OF AMOUNT.METHOD OR MANNER OF COMPENSATION The City will compensate Copperhead Plumbing and Heatine a total of S43.850.00 that includes labor. materials. supplies. and disposal of old unit. NET30. The City will pay 50% of the total prior to materials delivery and 50% upon the completion and Ciq's satisfaction of the completed work. AMENDMENTS TO GENERAL CONDITIONS -Must have a current and valid C'ontractor's license to perform this type of work. The parties acknowledge and understand that this Service Agreement is. except as specifically amended hereinabove, subject to all of the tenns and conditions set forth in the Cite of Aspen General Conditions for Service Acreemenis. a copy of which is appended hereto as Appendix "A" and be this reference made a pan hereof. Havin, agtred to the above and foregoing,the parties hereto do affix their signaturees. pp�� Citeof.A en: Contractor: F,,tu-Itk Ua.-r2 Title: Title: t res CJeN r Date: 7 -2 7�— e'F Date: 7 P /J.0 I EXHIBIT ".A" CITI. OF ASPEN GENERAL CONDITIONS FOR SERVICE .AGREEMENTS These General Conditions have been prepared by the Cite of Aspen to be incorporated by reference into Service Agreements entered into bemeen service providers ("Contractor") and the City of:Aspen ("City"). The provisions herein may be interrelated with standard provisions of the Service Agreement customarily used by the City of Aspen to contract for services. A change in one document may necessitate a change in the other. .Ant- amendments to the following terms and conditions nututallt agreed to by the Contractor and the City shall be specifically noted on the Service Agreement. 1. Completion. Contractor shall commence the provision of services as described in the Service Agreement in a timely manner. Upon request of the City. Contractor shall submit. for the City's approN'!al. a schedule for the performance of Contractors services which shall be adjusted as required. This schedule. when approved by the City. shall not. except for reasonable cause. be altered by the Contractor. 2. Payment. In consideration of the services provided. City shall pay Contractor the amounts set forth in the Service Agreement. Contractor shall submit. in timely fashion. invoices for services performed. The City shall review such invoices and. if they are considered incorrect or untimely. the City shall review the matter with Contractor within ten daNs from receipt of the Contractors billing. Contractors invoice shall be for the period ending the last day of each month and submitted to the City no later than the Mi day of each month. 3. Non-Assignability. Both paries recognize that this Service Agreement is one for personal services and cannot be transferred. assigned. rn•.sublet by either party without prior written consent of the other. Sub-Contracting. if authorized. shall not relieve the Contractor of any of the responsibilities or obligations under this Service Agreement. Contractor shall be and remain solei responsible to the City for the acts. errors, omissions or neglect of any subcontractor's officers. agents and employees. each of whom shall. for this purpose be deemed to be an agent or employee of the Contractor to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any subcontractor unless agreed to in writing beforehand by the City. 4. Termination. The Contractor or the City may terminate this Service Agreement upon thio (30) days notice. without specifying the reason therefor. by giving notice. in writing. addressed to the other party. specifying the eflcctive date of the termination. The City shall have the right to terminate the Service Agreement upon three (3) days notice it' Contractor fails to comply with the tents and conditions set forth in Sections 1. 6. 7. 10. 1 19. 16. 19 or 21. For breach of any other tern and condition ofthe Service Agreement. City may temiinate the Service Agreement with ten 110)days prior notice to cure and failure by Contractor to so cure. .No compensation shall be earned after the effective date of the temtination. Notwithstanding the aboyc. Contractor shall not be relieved of any liahility to the City for damages sustained by the City by virtue of am' breach of this Agreement by the Contractor. -and the Cin may withhold am' pa%ments to the Contractor fhr the putpnses of set-oft until such time as the exact amount of damages due the City from the Conuactor may be determined. Covenant .Against Contingent Fees. The Contractor tyatrants that s/he has not been employed or retained am' company or person. other than a bona tide employee working for the Contractor. to solicit or secure this Service Agreement: that s1he has not paid or agreed to pay any company or person. other than a bona tide employee. any fee. commission. percentage. brokerage fee7 gifts or any other consideration contingent upon or resulting from the award or making o1' this Service Agreement. 6. Fgllinntenl. iMaterials and Supplies. 1 inless otherwise agreed to by the City. Contractor shall acquire. provide. maintain. and repair at Contractor's expense such equipment. materials. supplies. etc.. as necessary for the proper conduct of the services to be provided in accordance with the Service Agreement. 7. Contract Monitoring. Contractor agrees to allow City to reasonably monitor the services to be provided in accordance with the Service Agreement. 8. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this Service Agreement shall result in. or be construed as establishing an employment relationship. Contractor shall be. and shall perform as. an independent contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent. employee. or servant of Contractor shall he. or shall be deemed to be. the employee. agent or secant of the City. City is interested only in the results obtained under this Service Agreement. The manner and means of conducting the work are under the sole control of Contractor. None of the benefits provided by Cite to its employees including, but not limited to. workers' compensation insurance and unerployntent insurance. are available from City to the employees, agents or servants of Conuactor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents. employees. servants and subcontractors during the perfon»ance of this Service .Agreement. Contractor shall indentniN City against all liability and loss in connection with. and shall assume full responsibility for payment of all federal. state and local taxes or contributions imposed or required under uncntplo}ment insurance. social security and income tax law. with respect to Contractor and%or Contractor's employees engaged in the perfomtance of the ser'ices agreed to herein. 9. Indemnification. Professional agrees to indentnifi• and hold harmless the City. its officers, employees. insurers. and self-insurance pool. From and.against all liability. claims. and demands. oil account of iniur'. loss. or damage, including without limitation claims arising from bodily iniuq'. personal initm% sickness. disease. death. property loss or damage. or am•other loss of any kind whatsoever. which arise out of or are in any manner connected with this contract. to the extent and for an amount represented by the degree or percentage such injury. loss. or damage is caused in \\-hole or in part by. or is claimed to be caused in whole or in part by. the wrongful act. omission. error. professional error. mistake. negfiLence. or other fault of the Professional. any subcontractor of the Professional. or any officer. cnmplm'ee. representative. or agent of the Professional or of am' subcontractor of the Professional. or which arises out of am' workmen's compensation claim of am' employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate. handle. respond to. and to provide defense for and defend against. anv such liability. claims or demands at the sole expense of the Professional. or at the option of the Cita agrees to pay the City or reimburse the Cit' for the defense costs incurred by he Cin• in connection with. am such liability. claims. or demands. ]fit is determined by the final judgment of a corm of competent jurisdiction that such injury. loss. or damage was caused in whole or in pan by the act. omission. or other fault of the City. its officers. or its employees. the Cit' shall reimburse the Professional for the portion of the judgment attributable to such act. omission. or other fault of the Cin'. its officers.or employees. 10. Contractor's Insurance. (a) Contractor agrees to procure and maintain. at its own expense. a policy or policies of insurance sufficient to insure aLainst all liability. claims. demands. and other obligations assumed by the Contractor pursuant to Section 9 above. Such insurance shall be in addition to any other insurance requirements imposed by the Service Agreement or by lame. The Contractor shall not he relieved of any liability. claims. demands. or other obligations assumed pursuant to Section 9 above by reason of its I•ailure w procure or maintain insurance.or by reason of its failure to procure or maintain insurance in sufficient amounts. duration.or types. (b) Contractor shall procure and maintain Workmen's Compensation insurance to cover obligations imposed by applicable latus for any employee engaged in the performance of work under the Service Agreement. and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS (S?UU.000.00) for each accident. FIVE HUNDRED THOU- SAND DOLLARS (5500.000.00) disease - policy limit. and FIVE HUNDRED THOUSAND DOLLARS (S500.000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (c) If the Service Agreenmcnt requires any insurance in addition to that referenced above at subsections (a) and (b). or a particular type of coverage. Contractor shall procure and maintain. and shall cause amu subcontractor of the Contractor to procure and maintain. the minimum insurance coverages referenced in the Service :Agreement. All insurance coverages shall be procured and maintained with forms and insurance'acceptable to the City. All coverages shall be continuoush' maintained to cover all liability. claims. demands. and other obligations assumed by the Contractor pursuant to Section 9 above. In the case of any clains-made policy. the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (d) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Even policy required above shall be primal insurance.and any insurance carried by the City. its officers or employees. or carried by or provided through any insurance pool of the City. shall be excess and not contributor• insurance to that provided by Contractor. No additional insured endorsement to the policies required above shall contain am'exclusion for bodily injuv or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under anv policy required above. (el The certificate of insurance provided by the Cite shall be completed by time Contractor's insurance agent as evidence that policies providing the required coverages. conditions. and minimum limits are in full force and effect. and shall be reviewed and approved by the Cite prior to commencement of the contract. No other font of certificate shall be used. the certificate shall idcntith. the Service Agreement and shall provide that the coverages afforded under the policies shall not be canceled. terminated or materially changed until at least thirty (30) days prior written notice has been given to the Cite. (t) Failure on the pan of the Contractor to procure or maintain policies providing the required coverages. conditions. and mininmuun limits shall constitute a material breach of Service Agreement upon which Cih may terminate the Ser!ice .Agreement as provided by Section d above. or at its discretion City may procure or renew am such police or any extended reporting period thereto and may pay any and all premiums in connection therewith. and all monies so paid by City shall be repaid by Contractor to Cite upon demand. or City may offset the cost of the premiums against monies due to Contractor from.City. (s) City reserves the right to request and receive a certified copy of an}' policy and any endorsement thereto. (h) Time parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this Service Agreement. 'the monetary limitations (present)y 5150.000.00 per person and S600.000 per occurrence) or any other rights. immunities. and protection provided by the Colorado Governmental Immunity Act. Section 24-10-101 el sew.. C.R.S.. as from time to time amended. or otherwise available to Cip•. its officers. or its employees. 11. Citv's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Contractor reasonable notice of am'changes in its membership or participation in CIRSA. 12. Waiver of Presumption. The Service Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation. revietw or drafting of the Service Agreement. 13. Certification Regarding Debarment. Suspension. Ineligibility. and Voluman Exclusion. Contactor certifies. by acceptance of the Service Agreement. that neither it nor its principals is presently debarred. suspended. proposed for debannent. declared ineligible or voluntarily excluded 110111 participation in any transaction with a Federal Or State department or agency. , It further certifies that prior to subnmitting its Bid that it did include this clause without modification in all lower tier transactions. solicitations. proposals. contracts and subcontracts. In the event that vendor or any lo\yer tier participant ryas unable to certify to this statement. an explanation was attached to the Rid and was determined by the City to be satislacton-to the City. Iq. Warranties Against Contingent Fees. Gratuities. Kickbacks and Connicts of Interest. Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Service Agreement upon an agreement or understanding for a commission. percentage. brokerage. or contingent fee. excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. Contractor agrees not to give am' employee or former employee of the City a gratuiy or any otter of employment in connection kith any decision. approval. disapproval. recommendation. preparation of any pan of a program requirement or a purchase request. influencing the content of any specification or procurement standard. rendering advice. investigation, auditim_. or in am other advisory capacity in ally proceeding or application. request for ruling. determination. claim or controversy. or other particular matter. pertaining to this Service Agreement. of to amsolicitation or proposal therefor. Contractor represents that no official. officer. employee or representative of the Cite during the term of the Service Agreement has or one t 11 year thereafter shall have am' interest. direct or indirect. in the Service Agreement or the proceeds thereof. except those that may have been disclosed at the time Cite Council approved the execution of the Service Agreement. In addition to other remedies it may have for breach of the prohibitions against contingent fees. gratuities. kickbacks and conflict of interest.the City shall have the right to: I. Cancel the Service Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Contractor. vendor, or sub-contractor under City contracts; 3. Deduct from the Service Agreement price or consideration. or otherwise recover. the value of amihing transferred or received by the Contractor;and q. Recover such value from the offending parties. 15. Termination for Default or for Convenience of Citv. The services contemplated by the Service Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall detennine that such cancellation is in its best interests and convenience. 16. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon finds for that purpose being appropriated. budgeted and otherwise made available. Ifthe Service Agreement contemplates the City utilizing state or federal funds to meet its obligations herein. the Service Agreement shall be contingent upon the availability of those funds lir payment pursuant to the terms of the Service Agreement. 17. City Council Approval. If the Service Agreement requires the City to pay an amount of money in excess of 525.000.00 it shall not he deemed valid until it has been approved by the City Council ofthe City of Aspen. 18. Notices. Any t\xitten notices as called fir herein may be hand delivered or mailed by certified mail. return receipt requested to the respective person or address listed lir the Contractor in the Service Agreerent. S 19. Non-Discrimination: penalty. No discrimination because of race. color. creed. sex. marital status. affectional or sexual orientation, family responsibility. national origin. ancestry. handicap. or religion shall he made in the employment of persons to perfomn sen ices under this Service Agreement. Contractor agrees to meet all of the requirements of City's municipal code. Section 13-98. pertaining to non-discrimination in employment. 20. Cit of Aspen Procuremenr Code. Notwithstanding amihing to the con4'aq'contained herein or in the Contract Documents. the Service Agreement shall be subject to the City of Aspen Procurement Code, Chapter 3 of the Aspen \•ttmicipal Code. 21. Compliance With All Laws and Regulations. Contractor shall give all notices and comply with all lags. regulations, and ordinances applicable to the provision of the services contemplated by the Semite Agreement. Contractor shall obtain all necessan, business licenses and pennits. and shall pay all requisite occupation taxes levied by the Cite of Aspen upon persons engaged in business within the City limits. 22. Waiver. The waiver by the Citv of amterm. covenant. or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other terns. \o term. covenant, or condition of the Service Agreement can be waived except by the tyriven consent of the City. and forbearance or indulgence by the City in any regard whatsoever shall not constitute a tyaiver of am temp. covenant. or condition to be performed by Contractor to which the same may apple and; until complete performance by Contractor of said terns. covenant or condition. the Cite shall be entitled to invoke any remedy available to it under the Service Agreement or by late despite any such forbearance or indulgence. 23. Execution of Sen;ice Agreement by City. The Service Agreement shall be binding upon all paries hereto and their respective heirs. executors. administrators. successors. and assigns. \omithstanding am-thing to the contras contained herein. the Service Agreement shall not be binding upon the Cite unless duly executed by the City Nianager of the City_ of Aspen (or a duly authorized official in his or her absence). 24. Illegal Aliens— CRS 8-1 7.5-101 R 24-76.3-101. a. Purpose. During the 2006 Colorado legislative session. the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting \yith illegal aliens. These new laws prohibit all state agencies and political subdivisions. including the City. from knowingly hiring an illegal alien to perform xyork under a contract. or to knowingly contract with a Contractor who knowingly hires with an illegal alien to perform work under the Service Agreement. The new laws also require that 611 contracts for services include certain specific language as set forth in the statutes. The followine terms and conditions have been designed to comply with the requirements oflhis new law. b. Definitions. The following terms are defined in the ne%y law•and by this reference are incorporated herein and in any contract for services entered into with the Cit. 1. -E-verify program" means the electronic employment verification program created in Public Law 208. 104th Congress, as amended. and expanded in Publie Law 9 I i6. 108th Congress. as amended. that is jointly administered by the united States Department of Homeland Security and the social security Administration. or its successor program. 2. --Department program-' means the employment verification program established pursuant to Section 8-17.5-1021>I(c). ;. ,Public Contract for Services" mean: this Service Agreement. 4. "Services' means the furnishing of labor. time. or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are morel- incidental to the required performance. c. By signing this document. Contractor cenifies and represents that at this time: I. Contractor shall confirm the employment eligibility of all employees tyho are newly hired for employment to perform work under the Public Contract for Services; and 2. Contractor has participated or attempted to participate in either the e-verify program or the department program in order to verify that nets employees are not illegal aliens. d. Contractor hereby confirms that: I. Contractor shall not knowingly employ or contract with an illegal alien to perform mork under the Public Contract for Services. =. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has confirmed the employment eligibility ofall employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-veritj program or the department program. 4. Contractor shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the public Contract for Services knowingly employs or contracts with an illeeal alien. Contractor shall: i. \otity such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is emploeing or subcontracting with an illegal alien: and ii. Terminate the subcontract tyith the subcontractor if tyithin three days of receiving the notice required pursuant to this section the subcontractor does not stop employing or contracting with the illegal alien: except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three day's the subcontractor provides information to establish that the subcontractor ha; not kno%%ingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8.17.5-102 (5). C.R.S. 7. If Contractor violates anv provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.i-102. C.R.S. the Owner may terminate this Service Agreement. if this Service A_reement is so terminated, Contractor shall be liable for actual dama_es to the Owner arising ouf of Contractor's violation of Subsection 8-17.5-102. C.R.S. 25. General Tennis. (a) It is agreed that neither the Service Agreement nor any of its terms. provisions, conditions. representations or covenants can be modified, changed. terminated or amended. waived. superseded or extended except by appropriate written instrument filly executed by the patties. (b) If anv of the provisions of the Service Agreement shall be held invalid. illegal or unenforceable it shall not affect or impair the validity. legality or enforceability of any Other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that aher execution no alteration. change or modification shall be made except upon a \\Thing signed by the parties. (d) The Service Agreement shall be _oyerned by the laws of the State of Colorado as from time to time in effect. 26. Electronic Signatures and Electronic Records ']'his Agreement and any amendments hereto may be executed in several counterparts. each of which shall be deemed an original; and all of which together shall constitute one wieement binding on the Parties. notwithstanding the possible event that 611 Parties may not have signed the same counterpart. Furthermore. each Patty consents to the use of elect-onic signattnres by either Pan\,. The Scope of Work. and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to bv the Parties. The Parties agree not to dem the le_al effect or enforceability of the Asreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record. or a paper cope of an electronic documents. or a paper copy of a document bearing an electronic signature. on the ground that it is an electronic record or electronic signature or that it is not in its 01-ieinal from or is not an original.