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Home My WebLink About20051508.tiff AGREEMENT Hot Bituminous Material/Asphalt Supply for 2005 THIS AGREEMENT,made this day of ,20 , by and between Weld County,Colorado,hereinafter called "Owner" and Asphalt Specialties Co., Inc. doing business as ) or ( or (a corporation)hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the following: Hot Bituminous Material / Asphalt Supply for 2005 described in the Invitation for Bids,Bid No.B0500119 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the completion of the Project described herein. 3. The Contractor will commence the work required by the Contract Documents within ten (10) calendar days after the date of the Notice to Proceed and will commence to supply Hot Bituminous Material /Asphalt Supply for 2005 as specified by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms as shown in the Bid Schedule. 5. The term "Contract Documents" means and includes the following: (A) Invitation for Bids (B) Instructions to Bidders (C) Bid Proposal (D) Bid Bond (E) Statement of Qualifications and Subcontractors (F) Required Project Forms (G) Agreement (H) Labor and Materials Payment Bond (I) Performance Bond (J) Notice of Award (K) Notice to Proceed (L) Change Order (M) Certificate of Substantial Completion (N) Lien Waiver (O) Notice of Acceptance (P) Specifications prepared or issued by the Weld County Public Works Department. (Q) Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (R) Colorado Department of Transportation Standard Plans"M& S Standards" (S) Addenda: No. , dated ,20 No. , dated ,20 Page 21 o,s�t9-O� Q5-/6-as- 74 ;Akc) a 41S- /Sdd' 0 • 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents, or otherwise agreed upon in writing. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in three(3)copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY:Asphalt clfre lalties Co., Inc. THE BOARD OF WELD COUNTY CONTRACTOR J� BY •n-W tA9 BY. \ -� NAME William H. Jerke NAME Daniel W Hint (Please Type) TITLE Chair TITLE President Date MAY 1 6 2005 ADDRESS 10100 Dallas Street 5QECIACh•- son, Colorado 80640 O ; CORPORATE .di 1861 (t:Lt "` (�19 2 Nit/ `.:: ie s�� LORAW Weld County Clerk to the Bo d 6 2Z-7,-- Keith A. Farrar BY 4C-0/ BY Deputy Clerk to the Board (Please Type) TITLE Ast Secretary Page 22 0? xs -As-2,c? r • Bond No. 929362653 • PERFORMANCE BOND Hot Bituminous Material/Asphalt Supply for 2005 KNOW ALL MEN BY THE PRESENTS;that Asphalt Specialties Co., Inc. (Name of Contractor) 10100 Dallas Street, Henderson, CO 80640 (Address of Contractor) corporation ,hereinafter called Contractor, and a (Corporation,Partnership,or Individual) Western Surety Company (Name of Surety) 10375 Park Meadows Drive, Littleton, CO 80124 (Address of Surety) hereinafter called surety,are held and firmly bound unto Weld County.Colorado (Name of Owner) 1111 H Street, P.O.Box 758, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Five Hundred Seventy Three Thousand One Hundred*Dollars, ($ 573,100.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves, successors and assigns,jointly and severally firmly by these presents. * SHo/100 THE CONDITION OF THIS OBLIGATION is such that whereas,the Contractor entered into a certain Contract with the Owner, dated the day of , 20 05 , a copy of which is hereto attached and made a part hereof for the construction of: Hot Bituminous Material/Asphalt Supply for 2005 described in the Invitation for Bids,Bid No. 8050011:9 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so.and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void; otherwise to remain in force and effect. Rewral of the contract for additional years is subject to the mutual consent of the Contractor, Asphalt Specialties Co., Inc., the Owner, Weld County, CO, and the Surety Company, Western Surety Company. Page 23 f PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. Page 24 PERFORMANCE BOND Hot Bituminous Material/Asphalt Supply for 2005 IN A OF,this instrument is executed in five(5)counterparts, each one of S 41 shall be deem 'ginal,this day of 20 F" aCORPORATE Z Asph Specialties Co., Inc. co SEAL By tV\ V (C tra� 1 . Hunt s retary) Daniel W. Hunt, President ( Co AOO i (24.t. it--2 10100 Dallas Street (Witne s as to Contractor) (Address) 10100 Da 1 las Street Henderson, CO 80640 (Address) Henderson, Colorado 80640 ATTEST/:/!,//�/y/�y'''(��/ K. Cobc " (Surety)Secretary n (S Wes[ ty :7,(3, ,/77 &x,-- B Rd-------__ Witness as to Surety Kristen L. McCormick DiLynn Cuern A -in/Fact P 0 Box 469025 P.O. Box 469075 (Address) (Address) Denver, CO 80246 Denver, CO 80246 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the State where the Project is located. Page 25 Bond No. 929362653 LABOR&MATERIALS PAYMENT BOND Hot Bituminous Material/Asphalt Supply for 2005 KNOW ALL MEN BY THE PRESENTS;that Asphalt Specialties Co., Inc. (Name of Contractor) 10100 Dallas Street, Henderson, CO 80640 (Address of Contractor) Corporation , hereinafter called Contractor,and a (Corporation, Partnership, or Individual) Western Surety Company (Name of Surety) 10375 Park Meadows Drive, Littleton,CO 80124 (Address of Surety) hereinafter called surety,are held and firmly bound unto Weld County,Colorado (Name of Owner) 1111 H Street P.O.Box 758,Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Five Hundred Seventy Three Thousand One Hundred & No/100 Dollars,($ 513,100.00 ) in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves,successors and assigns,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,the Contractor entered into a certain Contract with the Owner,dated the day of , 20 ,a copy of which is hereto attached and made a part hereof for the construction of: Hot Bituminous Material/Asphalt Supply for 2005 described in the Invitation for Bids,Bid No.B0500 1'1.9 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. Renewal of the contract for additional years is subject to the sutal consent of the Contractor, Asphalt Specialties Co., Inc., the Owner, Weld County, CO, and the Surety Company,Western Surety Company. Page 26 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. Page 27 LABOR&MATERIALS PAYMENT BOND Hot Bituminous Material/Asphalt Supply for 2005 IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, ,ECIALT? ,. of 20 'fs. , O O cr CORPORATE Asphalt Specialties Co., Inc. ` Contractor 4. Q By on .r) .ecretary • 's M. H - (.. Secretary) Daniel W. Hunt, President ( "Cit.O ° ar ..& 10100 Dallas Street, Henderson, CO 80640 (Witness as to Contractor) (Address) 10100 Dallas Street (Address) Henderson. Colorado 80640 ATTEST: K. Cobb (S�cretary ! zCj By Witness as to Surety Kristen . ck Om - - Di dnm Guern P.O. Box 469025 P.O. Box 469025 (Address) (Address) Denver, CO 80246 Denver, CO 80246 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the State where the Project is located. Page 28 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 • Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint J R Richards, Courtney T Peterson, James S Rosulek, Douglas J Rothey, Florietta Acosta, Frank C Penn, Cynthia M Burnett, Donald E Appleby, Dilynn Guern, Pamela J Hansen, Kristen L Mc Cormick,Kevin W Mc Mahon,Individually of Denver,CO,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 15th day of Ianuary,2004. ,,,rsYar,r WESTERN SURETY COMPANY eT Co Paul .Bruflat,Senior Vice President State of South Dakota • sa County of Minnehaha On this 15th day of January,2004,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say, that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires D. KRELL November 30,2006 i SEAL NOTARY PUBLIC Lt SOUTH DAKOTA � i • D.Krell,No Public CERTIFICATE I,L Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this ___ day of SYAETT4 WESTERN SURETY COMPANY ri Farm Fa280-ot-o2 �� Nelson,Assistant Secretary • Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary, Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Client#: 20911 ASPHSPE2 AOORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMrDD/YYYY) 04/21/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Colorado ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 720 S. Colorado Blvd Ste 600-N HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 469025 Denver, CO 80246-9025 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Insurance 39357 Asphalt Specialties Co., Inc. INSURERS: - 10100 Dallas St. INSURER C: Henderson, CO 80640 INSURER 0: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDR POLICY EFFECTIVE POLICY EXPIRATION LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDNYI DATE IMWDD/YY) LIMITS A GENERALUABIUTY VTC2JCO647D1718TIL 04/01/05 04/01/06 EACH OCCURRENCE $1,000,000 ENTED X COMMERCIAL GENERAL LIABILITY PREMISES ice opeuntswel $300,000 1 CLAIMS MADE n OCCUR MED EXP(Any one person) $5,000 X A.I.#CGD246 PERSONAL SADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY n YE& I 'LOC A AUTOMOBILEUABIIJTY VTC2JCAP647D1706TI 04/01/05 04/01/06 COMBINED SINGLE LIMB E1,ODO,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per parson) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Paracddent) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY VTSMJCUP647D1731TI 04/01/05 04/01/06 EACH OCCURRENCE $5,000,000 Tel OCCUR n CLAIMS MADE AGGREGATE $5,000,000 $ DEDUCTIBLE $ X RETENTION $10000 $ A WORKERS COMPENSATION AND VTC2KUB647D169905 04/01/05 04/01/06 X ITWO rIMINT5I IoER EMPLOYERS'LWBIUTY Owners/Officers E.L.EACH ACCIDENT $500,000 ANY PROPRIETORIPARTNR/EXECUTNE OFFICER/MEMBER EXCLUDED? Included E.L DISEASE•EA EMPLOYEE:500,000 R yes,yes,desalt*under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT)SPECIAL PROVISIONS Project Description: Hot Bituminous Material/Asphalt Supply for 2005 The following are Additional Insureds as respects General Liability only { If required by written contract and coverage applies only as respects (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Weld County Public Works DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4n* DAYS WRITTEN Division of Engineering NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL P.O. Box 758 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Greeley, CO 80632 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _H 444 d•Pitew ACORD 25(2001/08) 1 of 3 #S249150/M245812 MCA O ACORD CORPORATION 1988 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 254(2001/08) 2 of 3 #S249150/M245812 DESCRIPTIONS (Continued from Page 1) work performed by the insured for the Additional Insureds. All coverage terms, conditions and exclusions of the policy apply. Additional Insureds: Weld County Public Works The Additional insured endorsement which Is referenced above under"Type of Insurance-General Liability"is attached. *The following cancellation conditions always apply: -10 days for non-payment of premium -If policy shown, 10 days for Workers'Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance AMS 25i(2001!08) 3 of 3 #S249150/M245812 • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies Insurance provided under the following: ' COMMERCIAL GENERAL LIABILITY COVERAGE PART • • COMMERCIAL GENERAL LIABILITY—CONTRACTORS COVERAGE PART • 1. WHO IS AN INSURED —(Section II) is amended c) This insurance does not apply to "bodily in- to include any person or organization you are re- jury" or "property damage" caused by "your quired to include as an additional insured on this work" included In the "products-completed policy by a written contract or written agreement operations hazard" unless you are required to in effect during this policy period and signed and ' provide such coverage for the additional in- . executed by you prior to the loss for which cover- sured by a, written contract or written agree- age is sought. The person or organization does ment in effect during this policy period and not qualify as an additional Insured with respect to signed and executed by you prior to the loss the independent acts or omissions of such person for which coverage Is sought and then only • or organization. The person or organization is for the period of time required by such con- only an additional Insured with respect to liability ' tract or agreement and in no.event beyond caused by"yoUr work"for that additional Insured. _the expiration date of the policy. ' 2. The insurance provided to the additional Insured 3. Subpart (1)(a) of the Pollution exclusion under ' Is limited as follows: Paragraph 2., Exclusions of Bodily Injury and a) In the event that the limits of liability stated in Property Damage Liability Coverage (Section I - the policy exceed the limits of liability required • tCoverages) does not apply to you if the "bodily •— by a written contract or written agreement Inra- Injury" or "property damage` arises out of "your effect during this policy period and signed and work" performed on premises which are owned or .M ' rented by the additional Insured at the time'"your • -M executed by you prior to the loss for which work"is performed. :-.= coverage is sought, the insurance provided by this endorsement shall be limited to the 4. Any coverage provided by this endorsement to an • limits of liability required by such contract or additional Insured shall be excess over any other agreement. This endorsement shall not in- valid and collectible Insurance available to the crease the limits stated In Section III—LIMITS additiohal insured whether primary, excess, con- C= OF INSURANCE. tingent or on any other basis unless a written -c b) The Insurance provided to the additional in- contract or written agreement in effect during this c sured does not apply to "bodily injury", "prop- policy period and signed and executed by you erty damage","personal injury" or"advertising prior to the loss for which coverage is sought injury" arising out of an architect's, enginee s specifically requires that this insurance apply on a or surveyor's rendering of or failure to render primary or non-contributory basis. When this in-. -,� any professional services Including: surance is primary and there is other insurance available to the additional insured from any — I. The preparing, approving or failing to — prepare or approve maps, shop drawings, source, we will share with that other insurance by o= P P PP P the method described in the policy. - opinions, reports, surveys, field orders, change,orders, or drawings and specifi- 5. As a condition of coverage, each additional l� cations;and insured must: . II. Supervisory or inspection activities per- a.) Give us prompt written notice of any "occur- - . formed as part of any related architectural rence" or offense which may result in a claim • or engineering activities. and prompt written notice of"suit". • Co D2 46 10,02 Copyright,The Travelers Indemnity Company,2002 Page 1 of 2 000611 • • COMMERCIAL GENERAL LIABILITY - l b.) Immediately forward all legal papers to us, requirement,the term "Insures against".refers cooperate in the investigation or settlement of to any self-insurance and to any insurer which the claim or defense against the "suit," and Issued a policy of Insurance that may provide otherwise comply with policy conditions. coverage for the loss, regardless of whether c.) Tender the defense and indemnity of any the additional insured has actually requested claim or"suit"to any other insurer which also that the insurer provide the additional insured insures against a loss we cover under this with a defense and/or indemnity under that endorsement.This includes, but is not limited policy of insurance. to, any insurer which has issued a policy of d.) Agree to make available any other insurance • insurance In which the additional insured that the additional insured has for a loss we qualifies es an insured. For purposes of this cover under this endorsement. • !i • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Page 2 of 2 Copyright,The Travelers Indemnity Company, 2002 CG D2 46 10 02 restisic MEMORANDUM i TO: Clerk to the Board DATE: May 9, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement for the Hot Bituminous Material/Asphalt Supply for 2005 with Asphalt Specialties Company for the asphaltic materials to be used in projects located in the southern portion of Weld County. pc: Dean Dreher, Engineering Tech III M:AFrancieAAgend-t.doc ' et 005a1/49 2005-1508 Hello