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HomeMy WebLinkAboutGE24-05 Vail Valley Tree ServiceAGREEMENT FOR SERVICES
BETWEEN GOLDEN EAGLE ELDERLY HOUSING CORPORATION
AND
VAIL VALLEY TREE SERVICE
THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between Vail Valley Tree
Service, a Limited Liability Company and ISA Certified Arborist (hereinafter “Contractor”) and Golden Eagle
Elderly Housing Corporation, a Colorado non-profit corporation (hereinafter “Golden Eagle”).
RECITALS
WHEREAS, a large Cottonwood in front of unit 20 needs to be removed because it is causing damage to the
sidewalk (the “Project”) at the Golden Eagle Apartments, 700 Broadway, Eagle, CO 81631 (the “Property”); and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and
experience necessary to provide the Services as defined below in paragraph 1 hereof; and
WHEREAS, this Agreement shall govern the relationship between Contractor and Golden Eagle in connection with
the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and Golden Eagle
agree as follows:
1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the services or work described in Exhibit A (“Services” or “Work”) which is
attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the
provisions and conditions of this Agreement.
a. Contractor agrees to furnish the Services no later than September 30, 2024, and in accordance
with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees
to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By
signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform
the Services.
b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit
A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement
shall prevail.
2. Golden Eagle’s Representative. The Housing Department’s designee, on-site Maintenance Technician Josh
Wolf, shall be Contractor’s contact with respect to this Agreement and performance of the Services.
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to
the provisions of paragraph 11 hereof, shall continue in full force and effect through the 30th day of September,
2024.
4. Extension or Modification. This Agreement may be extended for up to three additional one year terms
upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties.
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9/19/2024
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Golden Eagle General Services Final 8/15/22
No additional services or work performed by Contractor shall be the basis for additional compensation unless and
until Contractor has obtained written authorization and acknowledgement by Golden Eagle for such additional
services in accordance with Golden Eagle’s internal policies. Accordingly, no course of conduct or dealings
between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the
Services, and no claim that Golden Eagle has been unjustly enriched by any additional services, whether or not there
is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In
the event that written authorization and acknowledgment by Golden Eagle for such additional services is not timely
executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional
services shall be deemed waived and such failure shall result in non-payment for such additional services or work
performed.
5. Compensation. Golden Eagle shall compensate Contractor for the performance of the Services in a sum
computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not
exceed $1,900.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside
of normal business hours unless specifically authorized in writing by Golden Eagle.
a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a
proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks
performed, who performed each task and such other detail as Golden Eagle may request.
b. If, at any time during the term or after termination or expiration of this Agreement, Golden Eagle
reasonably determines that any payment made by Golden Eagle to Contractor was improper because the Services for
which payment was made were not performed as set forth in this Agreement, then upon written notice of such
determination and request for reimbursement from Golden Eagle, Contractor shall forthwith return such payment(s)
to Golden Eagle. Upon termination or expiration of this Agreement, unexpended funds advanced by Golden Eagle,
if any, shall forthwith be returned to Golden Eagle.
c. Golden Eagle will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments
made pursuant to the terms of this Agreement.
6. Subcontractors. Contractor acknowledges that Golden Eagle has entered into this Agreement in reliance
upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor
agreements for the performance of any of the Services or additional services without Golden Eagle’s prior written
consent, which may be withheld in Golden Eagle’s sole discretion. Golden Eagle shall have the right in its
reasonable discretion to approve all personnel assigned to the subject Project during the performance of this
Agreement and no personnel to whom Golden Eagle has an objection, in its reasonable discretion, shall be assigned
to the Project. Contractor shall require each subcontractor, as approved by Golden Eagle and to the extent of the
Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to
assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes
toward Golden Eagle. Golden Eagle shall have the right (but not the obligation) to enforce the provisions of this
Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The
Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors.
7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following
insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
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i. Workers’ Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined
bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned
vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising injury, products/completed operations, broad form property damage with limits of liability not
less than $1,000,000 per occurrence and $1,000,000 aggregate limits.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall be endorsed to include
Golden Eagle, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and
volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached
hereto as Exhibit B.
ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional
insureds under its policies or Contractor shall furnish to Golden Eagle separate certificates and endorsements for
each subcontractor.
iii. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
iv. The parties hereto understand and agree that Golden Eagle is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and
protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise
available to Golden Eagle, its affiliated entities, successors or assigns, its elected officials, employees, agents and
volunteers.
v. Contractor is not entitled to workers’ compensation benefits except as
provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage
is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax
on any moneys paid pursuant to this Agreement.
8. Indemnification. The Contractor shall indemnify and hold harmless Golden Eagle, and any of its officers,
agents and employees against any losses, claims, damages or liabilities for which Golden Eagle may become subject
to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are
based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and
Contractor shall reimburse Golden Eagle for reasonable attorney fees and costs, legal and other expenses incurred by
Golden Eagle in connection with investigating or defending any such loss, claim, damage, liability or action. This
indemnification shall not apply to claims by third parties against Golden Eagle to the extent that Golden Eagle is
liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall
survive expiration or termination hereof.
9. Ownership of Documents. All documents (including electronic files) and materials obtained during,
purchased or prepared in the performance of the Services shall remain the property of Golden Eagle and are to be
delivered to Golden Eagle before final payment is made to Contractor or upon earlier termination of this Agreement.
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10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally
delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx
or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv)
when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this
paragraph by giving five (5) days prior written notice of such change to the other party.
GOLDEN EAGLE:
Attention: Kim Williams
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8773
E-mail:
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
E-mail: atty@eaglecounty.us
CONTRACTOR:
Vail Valley Tree Service
Attn: Tim Lipman
PO Box 1047
Vail, CO 81658
Telephone: 970-476-8733
E-Mail: timl@vailvalleytreeservice.com
11. Termination. Golden Eagle may terminate this Agreement, in whole or in part, at any time and for any
reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the
Contractor. Upon termination of this Agreement, Contractor shall immediately provide Golden Eagle with all
documents as defined in paragraph 9 hereof, in such format as Golden Eagle shall direct and shall return all Golden
Eagle owned materials and documents. Golden Eagle shall pay Contractor for Services satisfactorily performed to
the date of termination.
12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this
Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the
sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be
governed by the laws of the State of Colorado.
13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same
instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following
two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or
facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized
Docusign Envelope ID: 645D79D9-11EE-42BA-84F8-A8D369FFA60E
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Golden Eagle General Services Final 8/15/22
signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121.
14. Other Contract Requirements and Contractor Representations.
a. Contractor has familiarized itself with the nature and extent of the Services to be provided
hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and
regulations that in any manner affect cost, progress, or performance of the Services.
b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems
necessary for the performance of the Services.
c. To the extent possible, Contractor has correlated the results of such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of this Agreement.
d. To the extent possible, Contractor has given Golden Eagle written notice of all conflicts, errors, or
discrepancies.
e. Contractor shall be responsible for the completeness and accuracy of the Services and shall
correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that Golden
Eagle has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor
shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of
care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants
that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest
standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to
ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of
this Agreement.
f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and
professional standards, in the performance of this Agreement. Time is of the essence with respect to this
Agreement.
g. This Agreement constitutes an agreement for performance of the Services by Contractor as an
independent contractor and not as an employee of Golden Eagle. Nothing contained in this Agreement shall be
deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other
relationship between Golden Eagle and Contractor except that of independent contractor. Contractor shall have no
authority to bind Golden Eagle.
h. Contractor represents and warrants that at all times in the performance of the Services, Contractor
shall comply with any and all applicable laws, codes, rules and regulations.
i. This Agreement contains the entire agreement between the parties with respect to the subject
matter hereof and supersedes all other agreements or understanding between the parties with respect thereto.
j. Contractor shall not assign any portion of this Agreement without the prior written consent of the
Golden Eagle. Any attempt to assign this Agreement without such consent shall be void.
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k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations
hereunder are reserved solely for the parties, and not to any third party.
l. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver
thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach.
m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision hereof.
n. The signatories to this Agreement aver to their knowledge, no employee of Golden Eagle has any
personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor
has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the
Services and Contractor shall not employ any person having such known interests.
15. Data Security.
a. Definitions:
i. “Golden Eagle Data” means all data created by or in any way originating with Golden
Eagle and End Users, and all information that is the output of any computer processing, or other electronic
manipulation, of any information that was created by or in any way originating with Golden Eagle and End Users, in
the course of using and configuring the Services provided under this Agreement, and includes all records relating to
Golden Eagle’s use of Contractor Services and Protected Information.
ii. “End User” means the individuals (including, but not limited to employees, authorized
agents, students and volunteers of Golden Eagle; Third Party consultants, auditors and other independent contractors
performing services for Golden Eagle; any governmental, accrediting or regulatory bodies lawfully requesting or
requiring access to any Services; customers of Golden Eagle provided services; and any external users collaborating
with Golden Eagle) authorized by Golden Eagle to access and use the Services provided by Contractor under this
Agreement.
iii. “Protected Information” includes, but is not limited to, personally-identifiable
information, student records, protected health information, criminal justice information or individual financial
information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to
local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such
information. The loss of such Protected Information would constitute a direct damage to Golden Eagle.
iv. “Security Incident” means the potentially unauthorized access by non-authorized persons
to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of
Golden Eagle Data within the possession or control of the vendor. A Security Incident may or may not turn into a
data breach.
b. During the course of Contractor's performance of the Work, the Contractor may be required to
maintain, store, process or control Golden Eagle Data. The Contractor represents and warrants that:
i. Contractor will take all reasonable precautions to maintain all Golden Eagle Data in a
secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-
date anti-virus software, and controlled access to the physical location of the hardware containing Golden Eagle
Data;
ii. Contractor’s collection, access, use, storage, disposal and disclosure of Golden Eagle
Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives;
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Golden Eagle General Services Final 8/15/22
iii. Contractor will notify Golden Eagle of any Security Incident as soon as practicable, but
no later than 24 hours after Contractor becomes aware of it;
iv. Contractor will provide information sufficient to satisfy Golden Eagle’s legal and
regulatory notice obligations. Upon notice of a Security Incident, Golden Eagle shall have the authority to direct
Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor
shall be liable for any resulting damages to Golden Eagle.
v. Where Contractor has been contracted to maintain, store or process personal information
on behalf of Golden Eagle, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-
103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et
seq.; and
vi. Contractor will promptly return or destroy any Golden Eagle Data upon request from the
Golden Eagle Representative.
c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any
breach of the provisions of this Paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
EAGLE COUNTY HOUSING AND
DEVELOPMENT AUTHORITY
By: _____________________________
Kimberly Bell Williams, Executive Director
CONTRACTOR:
By:________________________________
Print Name:__________________________
Title: ______________________________
Docusign Envelope ID: 645D79D9-11EE-42BA-84F8-A8D369FFA60E
Tim Lipman
President
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Golden Eagle General Services Final 8/15/22
EXHIBIT A
SCOPE OF SERVICES, SCHEDULE, FEES
Docusign Envelope ID: 645D79D9-11EE-42BA-84F8-A8D369FFA60E
RECIPIENT:
Josh Wolf
715 Broadway Street
Eagle, Colorado 81631
Phone: 9704713496
SERVICE ADDRESS:
715 Broadway Street
Eagle, Colorado 81631
Estimate #1868
Sent on 07/11/2024
Total $1,900.00
Product/Service Description Qty.Unit Price Total
Tree Removal with debris
clean up, does not include
stump removal.
Cottonwood at Unit 20 1 $1,650.00 $1,650.00*
Stump Grinding Stump is ground out with grinding material used to
fill in hole left from stump. Stump grinding is
pending utility locates, we can not be responsible
for 3rd party private utilities.
1 $250.00 $250.00*
* Non-taxable
This quote is valid for the next 30 days, after which values may be subject
to change.
Signature: _____________________ Date: _____________
Total $1,900.00
PO Box 1047, Vail, CO 81658
(970) 476 -8733 | VailValleyTreeService.com
Docusign Envelope ID: 645D79D9-11EE-42BA-84F8-A8D369FFA60E
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Golden Eagle General Services Final 8/15/22
EXHIBIT B
INSURANCE CERTIFICATE
Docusign Envelope ID: 645D79D9-11EE-42BA-84F8-A8D369FFA60E
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
7/31/2024
Orcutt Insurance Group, LLC
8361 Sangre de Cristo Rd.
Suite 200
Littleton CO 80127
Laurance Bass
(303) 233-2828 (303) 233-6570
certificates@orcuttgroup.com
Vail Valley Tree Services
PO Box 1047
Vail CO 81658
Ategrity Specialty Insurance Co 16427
Ohio Casualty Group 24082
Pinnacol Assurance 41190
A
8
8
8
Y 01-C-PK-P20087512-0 10/01/2023 10/01/2024
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B
8
8
8
BAS57921379 04/10/2024 04/10/2025
1,000,000
C Y 4202763 06/01/2024 06/01/2025
8
1,000,000
1,000,000
1,000,000
Certificate Holders are Additional Insured as respects General Liability and their interest in the operations of the named insured.
Golden Eagle Elderly Housing Corporation, Eagle County Housing
Authority
Eagle County Government
PO Box 850
Eagle, CO 81631
Docusign Envelope ID: 645D79D9-11EE-42BA-84F8-A8D369FFA60E