HomeMy WebLinkAboutresolution.council.063-18 RESOLUTION #63
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ASPEN TREE SERVICE, INC. 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
Tree Trimming and Removal Services between the City of Aspen and Aspen Tree
Service, Inc., 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 Tree Trimming Services between the City of Aspen and Aspen Tree Service 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 ADOPTED by the City Council of the City of
Aspen on the 9th day of April 2018. i
SIC
Steven Ska ron, Mayor
I, Linda Manning, duly appointed and acting City lerk 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, Apri19, 2018.
Linda Manning, City lerk
SERVICE AGREEMENT
THIS AGREEMENT made this 261 day of March 2018, by and between the City of
Aspen ("City")and the Supplier identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Supplier wishes to provide said services to the City as specified Herein.
NOW THEREFORE, in consideration of the following covenants; the parties agree
as follows:
SUPPLIER
Aspen Tree Service
111 Village Road
Carbondale,CO 91623
970-379-8205
DESCRIPTION OF SERVICE
Tree Trimming and Removal Services shall be performed in accordance with the City of Aspen
Tree Trimming and Removal Standards.
(1) Complete Prune
Thinning the tree's crown to increase light penetration and air movement,removal of crossing
and interfering branches,removal of dead,dying,broken,and diseased branches,removal of
branches to obtain appropriate clearance around structures, streets,and sidewalks,and removal
of branches to improve or create appropriate structure. This applies to %2 inch and greater
diameter branches and all final cuts shall be trade according to the ANSI 300 pruning standards
in addition to complying with the ANSI Z133 safety requirements.
(2) Crown Clean
The removal of dead,dying,diseased,broken,crossing/interfering,poorly attached,and insect-
infested branches with diameters of'%inch and greater.
(3) Selective Prune
The removal of selected branches,storm-damaged limbs or other specialized pruning for trees
and shrubs as determined by the City Forester.
(4) Crown Restoration
The removal of selected branches to improve and/or restore structure in trees significantly
damaged by storms,previous pruning,or vandalism.
(5) Crown Raise
The removal of the lower branches from a tree in order to provide clearance for buildings,
vehicles,and pedestrians. It is desired that clearance over sidewalks be 8 feet and clearance over
streets be 14 feet.
(6) Removal
The complete removal of a tree,this includes the removal of all wood unless otherwise specified,
as well as removal of the stump to a depth of no shallower than 9 inches.
Tree Inventory&Work Order Management
The prompt,regular and accurate updating of the City of Aspen's Tree inventory&Work Order
Management software system"Tree Plotter"by Plan-IT Geo via field or office devices,as work
is completed.
ii. Special Requirements
e Must be an International Society of Arboriculture licensed Arborist. In the event that a
tie occurs in the bidding process,preference will be given to the bidder with TCIA(Tree
Care Industry Association)Accreditation.
e Must possess the following equipment:
o A 65-foot aerial boom in good operating condition with a copy of current OSHA
safety certification.
o High capacity forestry body chip truck designed to contain at least nine yards of
chip waste.
o High capacity knuckle boom/cram designed to handle and transport large pieces
of wood waste quickly and efficiently.
o Trailer mounted stump grinder with a minimum 12-inch flywheel in good
operation condition.
o Large capacity wood chipper with a minimum 13-inch diameter wood waste
capacity in good operating condition.
o Standardized safety equipment including large traffic control hazard signs, 24-
inch
4inch traffic control cones,and personal safety equipment adequate for passing the
ANSI 300 safety standards.
o Diverse sizing of chainsaws in excellent operating condition.
o Smart phones or tablets for field use capable of updating the City of Aspen Tree
Inventory& Work Order Management system"Tree Plotter"by Plan-IT Geo.
o Must conduct diverse and complicated tree trimming and removal services under difficult
and stressful site condition.
e Must conduct high volumes of complicated tree trimming and removal services.
o Conduct tree trimming and removal services during hours other than regular workday
hour including weekends and evenings.
e Provide emergency tree trimming and removal services within 5 hours during summer
field season(May-October)and within 12 hours in winter field season(November-April).
e Provide non-intrusive pneumatic soil removal services to expose root systems.
a Conduct and arrange for appropriate traffic control with City, County, and/or State when
necessary for work adjacent to rights of way.
o Provide efficient ground staff to quickly and completely remove all branch material
within an hour of its falling to the ground.
o Provide efficient ground staff to ensure public safety during tree trimming and removal
services INCLUDING a dedicated ground safety person in areas designated by the City
Forester.
Removal $225 per hour Additional equipment billed separately
Air Spading $150 per hour
High Volume Airlmife $325 per hour includes two operators
Traffic control using subcontractors will bebilled accost. - --- —
Wood to be disposed at Aspen Tree Service facility in Carbondale. Very large diameter or
material with lmown contaminants such as metal or nails,shall be hauled to the Garfield County
Landfill. Charges billed at cost.
Hourly billing is for site time only. Crane or grapple is billed portal to portal.
AMENDMENTS TO GENERAL CONDMONS
The parties acknowledge and understand that this Service Agreement is, except as
spectlically amended hereinabove, subject to all of the terms and conditions set forth in the
City of Aspen General Conditions for Service Agreements, a copy of which is appended
hereto as Appendix"A"and by this reference made a part hereof.
Having agreed to the above and foregoing,the parties hereto do affix their signatures.
City of As : / Supplier. Asp&n Tre e, se,✓a i(e� J q
Title: (f ''rte_ Title: Vi-a- 0-rxsija ' "
Date: Y 'r ( }? Date: 3MIg
serwMt.doa
EXHIBIT"A"
CITY OF ASPEN
a Proved complete trim services as outlined in standards for trees of up to 90 feet in height.
All climbers must be-experienced and climb gear must adhere to ANSI 300 safety
standards.
DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED
The duration of this contract for Tree Trimming and Removal Services shall be for two(2)
calendar years.The contract period shall begin in March 27,2018 and expire March 31,2020.
There will be two(2)one-year options to renew.
DESCRIPTION OF AMOUNT,METHOD OR MANNER OF COMPENSATION
Hourly Rates
Crown Clean $225 per hour
Selective Prune $225 per hour
Crown Restoration $225 per hour
Crown Raise 1$225 per hour
GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be
incorporated by reference into Service Agreements entered into between service providers
("Supplier") 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.
Any amendments to the following terms and conditions mutually agreed to by the
Supplier and the City shall be specifically noted on the Service Agreement.
2. Completion. Supplier shall commence the provision of services as
described in the Service Agreement in a timely manner. Upon request of the City, Supplier
shall submit, for the City's approval, a schedule for the performance of Suppliers services
which shall be adjusted as required. This schedule, when approved by the City, shall not,
except for reasonable cause, be altered by the Supplier.
3. Payment. In consideration of the services provided, City shall pay Supplier
the amounts set forth in the Service Agreement. Supplier 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 Supplier within ten
days from receipt of the Suppliers billing. Suppliers invoice shall be for the period ending
the last day of each month and submitted to the City no later than the 5th day of each
month.
4. Non-Assignability. Both parties recognize that this contract is one for
personal services and cannot be transferred, assigned, or sublet by either party without
prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the
Supplier of any of the responsibilities or obligations under this agreement Supplier shall
be and remain solely responsible to the City for the acts, errors, omissions or neglect of
any subSuppliers officers, agents and employees, each of whom shall, for this purpose be
deemed to be an agent or employee of the Supplier 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 subSupplier unless agreed to in writing beforehand by the City.
5. Termination. The Supplier or the City may terminate this Agreement upon
thirty (30) days notice, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party,specifying the effective date of the termination. .
The City shall have the right to terminate the Service Agreement upon three (3) days
notice if Supplier fails to comply with the terns and conditions set forth in Sections 1, 3, 5,
6, 7, 10, 13, 14, 16, 19 or 21. For breach of any other tern and condition of the Service
Agreement, City may terminate the Service Agreement with ten (10) days prior notice to
cure and failure by Supplier to so cure.
No compensation shall be earned after the effective date of the termination.
Notwithstanding the above, Supplier shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Supplier,
and the City may withhold any payments to the Supplier for the purposes of setoff until
such time as the exact amount of damages due the City from the Supplier may be
determined.
6. Covenant Against Contingent Fees. The Supplier warrants that s/he has not
been employed or retained any company or person,other than a Iona fide employee working for
the Supplier, to solicit or secure this contract, that s/he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gifts or any other consideration contingent upon or resulting from the award or
making of this contract
7. Equipment Materials and Supplies. Unless otherwise agreed to by the
City, Supplier shall acquire, provide, maintain, and repair at Supplier's expense such
equipment, materials,supplies, eta, as necessary for the proper conduct of the services to
be provided in accordance with the Service Agreement.
8. Contract Monitoring. Supplier agrees to allow City to reasonably monitor
the services to be provided in accordance with the Service Agreement
9. Independent Supplier Status. It is expressly acknowledged and
understood by the parties that nothing contained in this agreement shall result In, or be
construed as establishing an employment relationship. Supplier shall be, and shall
perform as, an independent Supplier 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 Supplier shall
be,or shall be deemed to be,the employee, agent or servant of the City. City is interested
only in the results obtained under this contract The manner and means of conducting the
work are under the sole control of Supplier. None of the benefits provided by City to Its
employees including, but not limited to, workers' compensation insurance and
unemployment Insurance, are available from City to the employees, agents or servants of
Supplier. Supplier shall be solely and entirely responsible for its acts and for the acts of
Supplier's agents, employees, servants and subSuppliers during the performance of this
contract Supplier shall Indemnify City against all liability and loss in connection with, and
shag assume full responsibility for payment of all federal, state and local taxes or
contributions imposed or required under unemployment insurance, social security and
income tax law, with respect to Supplier and/or Supplier's employees engaged in the
performance of the services!agreed to herein.
9. Indemnification. professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury,personal injury,sickness,disease,death,property loss or damage,or any 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 whole or in part by, or is claimed to be caused in whole or in part by,the wrongful act,
omission, error, professional error, mistake, negligence, or other fault of the Professional, any
subSupplier of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subSupplier of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subSupplier of
the Professional.The Professional agrees to investigate,handle,respond to,and to provide defense
for and defend against,any such liability,claims or demands at the sole expense of the Professional,
or at the option of the City, agrees to pay the City or reimburse the City for the defense costs
incurred by the City in connection with,any such liability,claims,or demands.If it is determined by
the final judgment of a court of competent jurisdiction that such injury,loss,or damage was caused
in whole or in part by the act,omission,or other fault of the City,its officers, or its employees,the
City shall reimburse the Professional for the portion of the judgment attributable to such act,
omission,or other fault of the City,its officers,or employees.
10. Suppliers Insurance. (a) Supplier agrees to procure and maintain, at Its
own.expense, a policy or policies of insurance sufficient to insure against all liability,
claims, demands, and other obligations assumed by the Supplier pursuant to Section 9
above. Such insurance shall be in addition to any other insurance requirements Imposed
by the Service Agreement or by law. The Supplier shall not be relieved of any liability,
claims, demands, or other obligations assumed pursuant to Section 9 above by reason of
its failure to procure or maintain insurance,or by reason of its failure to procure or maintain
Insurance in sufficient amounts, duration,or types.
(b) Supplier shall procure and maintain Workmen's Compensation Insurance to
cover obligations imposed by applicable laws 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 ($500,000.00) for each
accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit
and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) 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 Agreement requires any Insurance in addition to that referenced
above at subsections (a) and (b), or a particular type of coverage, Supplier shall procure
and maintain, and shall cause any subSupplier of the Supplier 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 continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Supplier pursuant to Section 9 above. In the case of
any claims-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. Every policy required above shall
be primary insurance, and any insurance carried by the City, its officers or employees, or
carred by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Supplier. No additional insured endorsement to
the policies required above shall contain any exclusion for bodily,injury or property damage
arising from completed operations. The Supplier shall be solely responsible for any
deductible losses under any policy required above.
(e) The certificate of insurance provided by the City shall be completed by the
Supplier's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shaft be reviewed and
approved by the City prior to commencement of the contract No other form of certificate
shall be used. The certificate,shall Identify 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 City.
(f) Failure on the partof the Supplier to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may terminate the Service Agreement as provided by Section 4
above, or at its discretion City 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 City shall be repaid by Supplier to City upon demand, or City may
offset the cost of the premiums against monies due to Supplier from City.
(g) City reserves the right to request and receive a certified copy of any policy and
any endorsement thereto.
(h) The parties hereto understand and agree that City is relying on, and does not
waive or intend to waive by any provision of this contract, the monetary limitations
(presently $150,000.00 per person and $600,000 per occurrence) or any other rights,
immunities, and protection provided by the Colorado Governmental Immunity Ac, Section
24-10-101 at seq., C.R.S., as from time to time amended,or otherwise available to City, its
officers,or its employees.
11. City 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 Supplier for inspection
during normal business hours. City makes no representations whatsoever with respect to
specific coverages offered by CIRSA. City shall provide Supplier reasonable notice of any
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, review or drafting of the
Service Agreement.
13. Certification Regarding Debarment. Suspension Ineligibility. and Voluntary
Exclusion. Supplier certifies, by acceptance of the Service Agreement,that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded from participation in any transaction with a Federal or State
department or agency. It further certifies that prior to submitting 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 lower tier participant was
unable to certify to this statement, an explanation was attached to the Bid and was
determined by the City to be satisfactory to the City.
14. Warranties Against Contingent Fees, Gratuities. Kickbacks and Conflicts of
Interest Supplier warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract 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 Supplier for the
purpose of securing business.
Supplier agrees not to give any employee or former employee of the City a gratuity
or any offer of employment in connection with any decision, approval, disapproval,
recommendation, preparation of any part of a program requirement or a purchase request,
influencing the content of.any specification or procurement standard, rendering advice,
investigation, auditing, or in any other advisory capacity in any proceeding or application,
request for ruling, determination, claim or controversy, or other particular matter, pertaining
Jo this Agreement, or to any solicitation or proposal therefor.
Supplier represents that no official, officer, employee or representative of the City
during the term of the Service Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in the Service Agreement or the proceeds thereof, except those.
that may have been disclosed at the time City 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:
1. Cancel the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Supplier,
vendor, or sub-Supplier under City contracts,,
. 3. Deduct from the contract price or consideration, or otherwise recover,
the value of anything transferred or received by the Supplier;and
4. 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 determine 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 funds for that purpose being appropriated, budgeted and
otherwise made available. If the 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 for 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 $25,000.00 it shall not be deemed valid until it has been
approved by the City Council of the City of Aspen.
18. Notices. Any written notices as called for herein may be hand delivered or
mailed by certfied mail, return receipt requested to the respective person or address listed
for the Supplier in the Service Agreement.
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 be made in the employment of persons to
perform services under this contract. Supplier agrees to meet all of the requirements of
City's municipal code, Section 1.3-98,pertaining to non-discrimination In employment
20. City of Aspen Procurement Code. Notwithstanding anything to the contrary,
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 Municipal Code.
21. Compliance With All Laws and Regulations. Supplier shall give all notices
and comply with all laws, regulations, and ordinances applicable to the provision of the
services contemplated by the Service Agreement Supplier shall obtain all necessary
business licenses and permits, and shag pay all requisite occupation taxes levied by the
City of Aspen upon persons engaged in business within the City limits.
22. Waiver. The.waiver by the City of any term, covenant, or condition hereof
shall not operate as a waiver of any subsequent breach of the same or any other term. No
term,covenant,or condition of the Service Agreement can be waived except_by the written
consent of the City, and forbearance or indulgence by the City in any regard whatsoever
shall not constitute a waiver of any term, covenant, or condition to be performed by
Supplier to which the same;may apply and, until complete performance by Supplier of said
term, covenant or condition, the City shall be entitled to invoke any remedy available to it
under the Service Agreement or by law despite any such forbearance or indulgence.
23. Execution of Service Agreement by ClIv. The Service Agreement shall be
binding upon all parties hereto and their respective heirs, executors, administrators,
successors, and assigns. Notwithstanding anything to the contrary contained herein, the
Service Agreement shall not be binding upon the City unless duly executed by the City
Manager of the City of Aspen(or a duly authorized official in his or her absence).
24. Illegal Aliens-CRS 8-17.5-101 &24-76.5-101.
EL 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 with illegal aliens. These new laws
prohibit all state agencies and political subdivisions,including the Owner,from knowingly hiring
an illegal alien to perform work under a contract,or to knowingly contract with a Supplier who
knowingly.hires with an illegal alien to perform work under the contract. The new laws also
require that all contracts for services include certain specific language as set forth in the statutes.
The following terms and conditions have been designed to comply with the requirements of this
new law.
b. Definitions. The following terms are defined in the new taw and by this reference
are incorporated herein and in any contract for services entered into with the Owner.
1. "E-verify program"means the electronic employment verification program
created in Public Law 208, 104th Congress,as amended,and expanded in Public Law
156, 108th Congress,as amended,that isjointly 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 8-17.5-102(5)(c).
3. "Public Contract for Services"means this Agreement.
4. "Services"means the furnishing of labor,time,or effort by a Supplier or a
subSupplier not involving the delivery of a specific end product other than reports that
are merely incidental to the required performance.
C. By signing this document, Supplier certifies and represents that at this time:
1. Supplier shall confirm the employment eligibility of all employees who
are newly hired for employment to perform work under the public contract for services;
and
2. Supplier has participated or attempted to participate in either the everify
program or the department program in order to verify that new employees are not illegal
aliens.
d. Supplier hereby confirms that:
1. Supplier shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
2. Supplier shall not enter into a contact with a subSupplier that fails to
certify to the Supplier that the subSupplier shall not knowingly employ or contact with
an illegal alien to perform work under the Public Contact for Services:
3. Supplier has confirmed the employment eligibility of all employees who
are newly hired for employment to perform work under the public contract for services
through participation in either the a-verify program or the department program.
4. Supplier shall not use the either the a-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 Supplier obtains actual knowledge that a sub-Supplier performing work
under the Public Contract for Services knowingly employs or contracts with an illegal
alien,Supplier shall:
i. Notify such sub-Supplier and the Owner within three days that
Supplier has actual knowledge that the sub-Supplier is employing or
subcontracting with an illegal alien;and
ii. Terminate the subcontract with the sub-Supplier if within three
days of receiving;the notice required pursuant to this section the sub-Supplier
does not stop employing or contracting with the illegal alien;except that Supplier
shall not terminate the Public Contract for Services with the sub-Supplier if
during such three days the sub-Supplier provides information to establish that the
sub-Supplier has not knowingly employed or contracted with an illegal alien.
6. Supplier 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 establishedlin Subsection 8-17.5-102(5),C.R.S.
7. If Supplier violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102,C.R.S.the Owner may
terminate this Agreement. If this Agreement is so terminated,Supplier shall be liable.for
actual damages to the Owner arising out of Supplier's violation of Subsection 8-17.5-102,
C.R.S.
25. General Tents.
(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
fully executed by the parties.
(b) If any 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 acknoWedge 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 after execution no alteration, change or modification shall be
made except upon a writing signed by the parties.
(d) The Service Agreement shall be governed by the laws of the State of
Colorado as from time to time in effect
26. Electronic Signatures and Electronic Records This 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 agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart_
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work,and any other documents requiring a signature hereunder,may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement 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 copy 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 original form or is not an original.
ASPETRE-02
CERTIFICATE OF LIABILITY INSURANCE o16
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 13Y THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINGUISURERIA1,AUTHOR2ED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: U the nABwts bolder Is an ADOTIONAL INSURED,the pancy(ks)must have ADDITIONAL INSURED Provisions or be endorsed.
N SUBROGATION 19 WAIVED, su*d to the isms and corndI6ens of 0s POO",certain peUtlss may squire an eMonsemad. A sfaamrunt on
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P O Boa 7710
Santa Berbas,CA 67170x710
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•:NOVA Casualty Company 42552
uuR® waim B RockhUl Insurance 28057
Aspen Tres Service,Inc. C:
1111 Village Rd
Carbondale.CO 81627
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INSURER F:
COVERAGES CERTIFICATE NUMBER, REMION
THIS S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY NEOIAREMENT,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 POUCES DESCRIM HEREIN R SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDTIIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE Foucy NYDERnv�nFOUOYW Harrte
A X coescouOIAL Boma uAeonv KJACHOCCLOIRSOCE 6 1.000,000
CIAOAsrAOF [X]OCCUR ML1000071000 051018017 6710112018 300AN
10,000
1,000,000
OEIlLA00REOAlE Lear APPIJFS nY3C 200,000
PouLY❑xt ❑LOC A00 1 2,000.E
COMBINED SINGLE Lear 1.O-1
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X ANYAM ML1000031000 OWMI2017 OSNIUZOIS
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B R •u X OCCUR EACH SAN 000
x esNas C APAsauoE 1986800 0610180x► 05101801e AGGRE-CATE s 000,000
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Proof at Insurance.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SWORE
THE EXPIATION DATE THEREOF. NOTICE WILL BE DELIVERED W
Gly of Aspen ACCORDANCE WRH THE POLICY PROVISIONS,
686 Cemetery Lane
Aspen,CO 81611 w 77I''•®a/�En�P�nIAv��/,enArne
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ACORD 26(2010107) ®1888-MS ACORD CORPORATION. AI Aghb sanved.
The ACORD name and logo am registered mads of ACORD
PINAFAC®L 7501 E Lowry Blvd
ASSURANCE Denver, 8023D-7006-873
303-361-4040 00/800.873-7242
www.pinnsoDl.com
NCCI#:WC000313B
Policy#:4044360
Aspen Tree Service Inc and Sopris Tre Hub International Insurance Service
1111 Village Road 112517th Street
Carbondale,CO 81623 Ste.900
Denver,CO 80202.4364
(888)795-0300
ENDORSEMENT: Blanket Waiver of Subrogation
We have the right to recover our payments from anyone liable for an Injury covered by this policy.We will not
enforce our right against the person or organization named in the Schedule.This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule.
SCHEDULE
To any person or organization when agreed to under a written contract or agreement,as defined above
and with the Insured,which Is in effect and executed prior to any loss.
Effective Date:June 1,2017 Expires on:June 1,2018
Pinnecol Assurance has issued this endorsement June 14,2017
7501 E Lowry Blvd Domer,CO 802347008 .
Pepe 1 of 1 .P ISA- 06114201718:20:19 4044360 49331781 359.8
ASPEM-03
CERTIFICATE OF LIABILITY INSURANCE u °
THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERMCA71 HOLDER THIS
CERTIFICATE DOE 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 DISURER(S�AUTHORED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: N the ear111kats holder Is an ADDITIONAL SISUREO,the poky(les)must have ADDITIONAL INSURED proldalona or be endorsed.
If SUBROGATION IS WAIVED, subject to the femur and eod"Ims,of the policy,certain po may require an endmsamam. A statemm on
this certificate does not corder dahts,to the canif tate holder In Ban Of such ands e
rnoolkm Llosnse 9 11757775 ffJww Befay Meese
HUB International Insurance Services(COL) ft* 303 382-5177 ML.(1186)243-0777
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Aspen Tree Service,too. eraunEAe:
SopAa Tres 8 Landscape Supply LLC
1111 VIRegs Read BF A:
Carbondale,CO S1a23
em1REAF:
COVERAGES CERTIFICATE
NUMBER: REVISION Muslim
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 CONTRACTOROTIgiDOCUMW WFTHM PECTTOWrWHTNIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUSLMCTTDALLTIETERNS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAD CLAIMS.
0°e TYPa or DeviRm ee 10lICY MIR®EA PosYER Lam
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ENCLWFD7 MRA 1,000,000
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idwroof sts uWbr OPERATNMOILOGTO1e/Vt]eCIEe IACGRI wwff..Ae/W,r1 WmrVOeGOa,Y,®FOA NAeetl sem FPOn 4,0ai10tl)
r ogetlon applMe b the vrmksre eomplwtbn.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCER I m BEFORE
THE EXPIRATION DATE NOTICE
City ofAspon ACCORDANCE WITH THE POLICY PROVISION& WILL BE DELIVERED IN
3115 Cemetery Lane
Aspen,CO 111811
AUrINNIIED p101E@/TAl1VE
ACORD 25(2018103) ®1988,2018 ACORD CORPORATION. AD rights reserved.
The ACORD roma and logo are registered seri®of ACORD