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HomeMy WebLinkAboutC12-338 Old Castle SW Group 4 AGREEMENT BETWEEN EAGLE COUNTY AND OLDCASTLE SW GROUP, INC. D/B/A B&B EXCAVATING THIS AGREEMENT (this "Agreement ") is made this_ day of , 2012, by and between Eagle County, Colorado ( "County "), and OldCastle SW Group, Inc. d/b /a/ B &B Excavating, a company organized under the laws of the State of Colorado ( "Contractor ") with a mailing address of P.O. Box 4870, Eagle, CO 81631. RECITALS WHEREAS, County desires to mill and overlay certain asphalt areas at the Eagle County Regional Airport property (the "Airport"). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1— WORK 1.1 Contractor will furnish all materials and labor necessary for completion of the mill and overlay of the asphalt areas of the Airport identified on page 1 of Contractor's bid dated July 10, 2012, attached hereto as Exhibit "A.," and incorporated herein by this reference (hereinafter the "Work" or "Services "). All Work shall be performed in a manner consistent with the applicable professional standard of care. 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. ARTICLE 2 - COMMENCEMENT AND COMPLETION OF THE WORK 2.1 Contractor shall commence the Work promptly after execution of this Agreement by both parties. It is anticipated that completion of the Work by Contractor will be achieved by November 15, 2012 (the "Completion Date "). Contractor agrees to notify County if achievement of the Completion Date appears unlikely as soon as it so appears to the Contractor, and thereupon, County and Contractor will meet to discuss the reasons for delay and means of achieving timely completion. County and Contractor will cooperate in seeking to achieve timely completion and Contractor will use its best efforts to achieve timely completion. Notwithstanding the foregoing, no modifications shall be made to the Completion Date unless a written change order is executed by the Contractor and County. 1 CY2- ` � • 2.2 County and Contractor recognize that time is of the essence of this Agreement and that County expects the Work to be substantially complete by November 15, 2012. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by Eagle County if the Work is not substantially complete by November 15, 2012. Accordingly, instead of requiring such proof, County, and Contractor agree that as liquidated damages for delay beyond November 15, 2012 (but not as a penalty) Contractor shall pay County one hundred dollars ($100.00) for each day that expires after November 15, 2012 until the Work is complete. If the liquidated damages set forth in this Section 2.2 are determined to be invalid or unenforceable for any reason, County reserves the right to seek and recover all actual, consequential and special damages which arise or result from Contractor's failure to achieve the Completion Date. ARTICLE 3 - WARRANTY 3.1 Contractor cannot guarantee any asphalt paving or compaction installed after October 1 of any calendar year. Notwithstanding the foregoing, if temperatures at the time of paving are 50 degrees farenheight and rising, a two year warranty will be provided for all asphalt paving associated with this project for a period of two (2) years from date of final acceptance against defects due to workmanship. Warranty to be determined by the parties prior to commencement of Work. Notwithstanding the foregoing, Contractor cannot warrant any work without a 2% slope for drainage. Potential standing water shall not be Contractor's responsibility. ARTICLE 4 — TERM OF AGREEMENT 4.1 This Agreement shall commence upon execution of this Agreement by both parties, and, subject to the provisions of Article 12 hereof, shall continue in full force and effect until the Services are satisfactorily completed in accordance with the terms of this Agreement. ARTICLE 5 — COMPENSATION 5.1 Upon and subject to the provisions and conditions of Sections 5.4, 5.5 and 5.6 hereof, County shall pay Contractor, for Contractor's performance of the Work under the Contract Documents, an amount NOT TO EXCEED Thirty -six Thousand Sixty Four Dollars and ninety- four Cents ($36,064.94) (the "Bid Price "). 5.2 The Bid Price (which is based upon the Estimated Quantity Unit and Unit Prices set forth in Exhibit "A ") includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead and profit or change in Unit Prices. 5.3 Contractor acknowledges that Owner is a tax exempt entity. 5.4 The Bid Price, as set forth above, was calculated by the parties based upon the bid tabulation in Exhibit A (collectively, the "Unit Prices "): 2 5.5 The Quantity Units set forth in Exhibit A are based on good faith estimates initially agreed to by County and Contractor. County and Contractor both acknowledge and agree that the actual quantity of each described item (which collectively constitute all of the Work) may differ as the Work is performed and completed, and that if the actual quantity of an item so described is determined (as provided in Section 5.6 below) to be different from that so stated in Exhibit A, then County and Contractor shall agree to and execute a change order indicating such change and the resultant adjustment in the Bid Price. Notwithstanding the foregoing, in no event shall the Bid Price and amount payable to Contractor for the Work exceed $36,064.94. 5.6 The quantity of each item actually incorporated into the Work shall be recalculated as applicable, at any time and from time to time, but in any case upon completion of the Work. The applicable quantities may be so determined by the mutual agreement of County and Contractor. As indicated above, the parties agree that even if labor and materials are incorporated into the Work beyond those anticipated in the Bid Price, in no event will the amount due to Contractor exceed $36,064.94. 5.7 The scope of work to be performed under this Agreement shall not be modified without an amendment to the Agreement signed by both parties. Contractor will not be entitled to bill at overtime and/or double time rates for work done outside normal business hours or to bill for winter work or winter conditions (i.e. snow removal, ground heater, frost protection and winter production) unless specifically authorized to do so in writing by County. There will be no adjustment to the Bid Price to account for increases in fuel or asphalt costs. 5.8 Contractor must submit invoices by the fifth business day of each month. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a description of services performed including a detail of the number of units incorporated into the Work. Upon request, Contractor shall provide County with such other supporting information as County may request. 5.9 All invoices must be mailed or delivered in- person to the following address to ensure proper payment. Invoices sent by fax or email will not be accepted. Eagle County Airport Terminal Corporation P.O. Box 850 Eagle, Colorado 81631 ARTICLE 6 — CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder, the Airport, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. 3 1 6.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 6.3 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. 6.4 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 6.5 Contractor will be responsible for provision of the Services and 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 of its kind. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. 6.6 Contractor shall coordinate all Work with the Eagle County Airport Manager and shall comply with any and all rules and regulations while working on Airport property. 6.7 Contractor shall use its standard 64 -22 asphalt mix design for all Work. Specifications for the 64 -22 asphalt design are attached hereto as Exhibit "A" and incorporated herein. ARTICLE 7 — ENTIRE AGREEMENT 7.1 This Agreement and Exhibits A and B (the "Contract Documents ") represent the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement and Exhibits A and B. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 8 — MISCELLANEOUS 8.1 Neither party may assign its rights under this Agreement without the prior written consent of the other. Any assignment without such consent shall be null and void. 8.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 8.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31, 2012 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 4 8.4 Provision Mandated by C.R.S. § 8- 17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 8.4.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Contract. 8.4.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 8.4.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http:// www .dhs.gov /xprevprot/programs /gc 1185221678150. shtm 8.4.4 The Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 8.4.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides 5 information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 8.4.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8 -17.5- 102(5). 8.4.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 8.4.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 8.5 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.6 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. ARTICLE 9 - JURISDICTION AND VENUE 9.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the District Court of Eagle County, Colorado. ARTICLE 10 - INDEMNIFICATION 10.1 The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees 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 sub- contractors hereunder; and Contractor shall reimburse County for any and all legal and other expenses incurred by County 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 the County to the extent that the County is solely liable to such third party for such claim without regard to the involvement of the Contractor. 6 ARTICLE 11- OWNERSHIP OF DOCUMENTS AND MATERIALS 11.1 All documents (including electronic files) which are obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. ARTICLE 12 - TERMINATION 12.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the reason and date upon which termination becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services. ARTICLE 13 — NOTICE 13.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County Airport P.O. Box 850 Eagle, Colorado 81631 (970) 328- 2680(p) (970) 328 -2687 (1) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) The Contractor: Old Castle SW Group, Inc. D.b.a. B &B Excavating P.O. Box 4870 Eagle, CO 81631 (970) 328 -1734 (p) (970) 328 -1735 (1) 13.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 7 ARTICLE 14 — INDEPENDENT CONTRACTOR 14.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 15 — INSURANCE REQUIREMENTS 15.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 15.2 Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement. Insurance certificate(s) shall be attached hereto as Exhibit `B ". IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 8 EAGLE COUNTY, COLORADO by and through its Board o Coun _ .: I 'ssioners ,0 ,. By-,/ — 7 aI X Peter F. Runyon, Chairm n ,...) 2 . ATTEST: * C Ic ..► ORn Clerk to the Board r — . I) K,Q v i OLDCASTLE SW GROUP, INC., d/b /a B&B EXCAVATING By: _..._ - --0- Kr I I 4in�. e. Title: G^ �r -- ,� —' o STATE OF COLORADO ) ) ss. COUNTY OF k s..0 ) The foregoing instrument was acknowledged before me by e , of Old Castle SW Group, Inc., a Colorado corporation, d/b /a B &B Excava 7�, g, this Nday ,m of .c , 2012. p ' Notary Public. F LUEVANO My commissi, , I ► c ► k j State of Colorado Notary Pal is My Commission Wife' . 1 MM. 9 EXHIBIT A CONTRACTOR'S BID AND ASPHALT SPECIFICATIONS 10 • =,I . 2, ..) .... • [ ....„..at e, FX;h1L1+74 Expoiiiiiiv6 - . , ' ip. P.O. Box LI S70 G eagle. CO 81b31 4G P11. 970- 328 -1734 ,+'' Fax 970- 328 -1735 To: Eagle County Airport Contact: Patrick Johnson 274 -4887 Address: P.O. Box 850 Phone: 328 -2684 Eagle, CO 81631 Fax 328 -2687 Project Name: 2012 - Eagle County Airport Overlay (Northside) Bid Number: 129811 Project Location: North Side Of Eagle CO. Airport Bid Date: 7/10/2012 ,Line # Item Description Estimated Quantity Unit Unit Price Total Pricel 1 Rotomill (0 To 2 Inch- 2,430 SF) And Furnish, Haul And 2,840.00 SF $1.98 $5,623.20 Asphalt Pave A 2" Overlay On The T Hangar Taxiway, 2,840 Sf. 2 . Furnish, Haul And Asphalt Pave A 2" Overlay On The T Hangar 1,750.00 SF $1.61 $2,817.50 Radius, 1,750 SF. 3 Prep Fuel Island Comer Expansion With 4" Road Base And 225.00 SF $8.30 $1,867.50 Fumish,haul And Asphalt Pave 4' Depth Asphalt, 225 SF. . 4 Rotomill (0 To 2 Inch - 1,560 SF) And Furnish, Haul And 2,640.00 SF $1.92 $5,068.80 Asphalt Pave A 2" Overlay On The Fuel Island Taxi Lane, 2,540 SF. 5 Rotomill (2 Inch Depth - 2,254 SF) And Furnish, Haul And 2,254.00 SF $2.16 $4,868.64 Asphalt Pave A 2" Overlay On Airplane Parking Lane, 2,254 SF. 6 Rothmfll (2 Inch Depth - 8,370 SF) And Fumish,hauf And 8,370.00 SF $1.89 $15,819.30 Asphalt Pave A 2" Overlay On Bravo Taxiway Shoulders, 8,370 SF. Total Bid Price: $36,064.94, Notes: • Price DOES NOT include winter work or winter conditions (I. E. snow removal, ground heater, frost protection and winter production). We- Fie& Diu .. �.. . .. •, ..- - ..•. - ..•... ... ••. - -. -... - __ . ' -- . _. _ .. .. • Elevations are critical for proper drainage. We CAN NOT warrant any work without 255 slope for drainage. We can not be responsible for any potential standing water or bird baths due to the flatness of the area. • Landscaping and revegetation are excluded. • Bid assumes full access to job site and is based on no more than one mobilization. • Asphalt painting and striping Is excluded. This number can be provided IF necessary. • E & B Excavating shall not be responsible for structural failures due to unstable subgrade and /or conditions outside the scope of our work. • Permits, fees, testing, surveying, meters, PRV's, manhole and gate valve adjustments are excluded. Any testing needed shall rat be B&B's responsibility. • ':1 T. ---14 - T ", ' r" t,,.:., .,r- -r F6r. limn rIF,,,,,.o- :., • B&B's standard 64 - 22 mix design shall be used for all paving needs on job. • B&B's completion date shall be no more than 7 working days after start date. Payment Terms: 1. This agreement is between Owner or Owner's Representative, herein after referred to as Owner, and B&8 Excavating, herein after referred to as B&B. 9/21/2012 3:45 :42 PM r • U flIT D (to. COMPANIES SUPERPAVE METHOD ASPHALTIC CONCRETE JOB MIX FORMULA GRADING "SX" WITH 20% RAP, 75 Design GYRATIONS, PG 64-22F AC B &B Excavating 2011 Paving Superpave SX75 Design Mixture Eagle County, Colorado Prepared For: B &B Excavating 14955 Highway 6 Eagle, Colorado 81631 Prepared by: United Companies of Mesa County Quality Control Department 618 Dike Road Grand Junction, Colorado 81503 (970) 241 -8249 Date: May 14, 2011 Mix Design # 2010 -4200 -A B &B Excavating 2011 Asphalt Paving 75 Design Gyrations RAP Commercial Design Mixture Grading "SX" Using 20% RAP, 75 Design Gyrations PG 64 -22F Binder May 14, 2011 United Companies of Mesa County Quality Control Department 618 Dike Road Grand Junction, Colorado 81503 (970) 241 -8249 B &B Excavating 14955 US Highway 6 Eagle, Colorado 81631 Attention: Mr. Tom Lyons — Mr. Chip Bair Project: SUPERPAVE Method Asphaltic Concrete Job Mix Formula 2011 Paving, Commercial Design Mixture Grading "SX" 75 Design Gyrations, PG 64 -22F Binder Hidden Valley Pit Virgin Aggregates & 20% RAP Eagle County, Colorado A Superpave method hot mix asphalt (HMA) job mix formula was developed for the referenced project. The following report details the materials used and specifications followed for the mixture development. The mixture physical property highlights and conclusions are presented. Test results are provided analyzing the recycled asphalt pavement (RAP) physical properties, virgin aggregate quality properties, and mixture moisture susceptibility Data tables and graphs presented in the appendix provide the mixtures' physical properties at varying asphalt cement contents. Finally, a data table and graph in the appendix includes the details the mixture composite aggregate structure as blended from the individual stockpile materials. The Superpave HMA job mix formula was prepared in our Quality Control Department's main laboratory on 618 Dike Road in Grand Junction, Colorado. Our laboratory is accredited and actively participates in the AASHTO Materials Reference Laboratory's accreditation process. Our quality systems including equipment calibration, training, and qualifications has been found to be compliant with AASHTO R18 and ASTM D3666 guidelines. The personnel that performed the individual tests herein hold current technician certifications for each test method by the Colorado Asphalt Pavement Association (CAPA) LabCAT program. Our laboratory and technicians meet the requirements of the Colorado Department of Transportation's (CDOT) procedures CP -10, Qualifications of Testing Personnel and Laboratories. The job mix formula complies with CDOT CP -52, Contractor Mix Design Approval Procedures. Respectfully Submitted, 11/4 Robert R. Ekstrom 2 B &B Excavating 2011 Asphalt Paving 75 Design Gyrations RAP Commercial Design Mixture Grading "SX" Using 20% RAP, 75 Design Gyrations PG 64 -22F Binder May 14, 2011 Quality Control Manager HMA Materials Used Aggregate Source: Hidden Valley Pit Location: Dot Sero, Colorado Sampled By: Mike Moser Date: March 9, 2011 Asphalt Cement Grade: PG 64 -22F AC Sp. Gr. (Gb): 1.03 (est) Supplier: Sinclair Refining Location: Sinclair, Wyoming Recycled Asphalt Pavement (RAP) Source: Various Locations in Eagle County Quantity: 20% by Total Weight of Aggregate Supplier: B &B Excavating Location: Montgomery Pit Mixture Additives Type: Liquid Amine Anti- stripping Additive Mixture Quantity: 0.3% by total weight of AC Supplier: Sinclair Refining Location: Sinclair, Wyoming HMA Specifications The hot mix asphalt job mix formula was prepared using primarily CDOT Procedures utilizing the Superpave Gyratory Compactor (CP -L 5115). The gyratory angle was set at 1.25 degrees with 100mm molds being used according to current CDOT specifications. The Asphalt Institute's Superpave Level 1 Mix Design, Superpave Series No. 2 (SP -2) reference was also used in the mixture development. The designated gyrations were: N(initial) = 7, N(design) = 75. The mixing temperature was 163 degrees C ± 2.8 degrees C (325 + 5° F) and the compaction temperature was 149 degrees C ± 2.8 degrees C (300 ± 5 °F). These temperatures are specified by CDOT procedure CP -L 5115, Table 1 in typical project special provisions, for the grade of asphalt being used. The Individual test procedures followed in the mixture development are referenced in the report tables. The tests were performed and procedures followed in substantial accordance to the applicable specifications published by CDOT (CP and CP -L procedures), the Asphalt Institute (AI reference), the American Association of State Highway and Transportation Officials (AASHTO), and the American Society for Testing and Materials (ASTM). 3 B &B Excavating 2011 Asphalt Paving 75 Design Gyrations RAP Commercial Design Mixture Grading "SX" Using 20% RAP, 75 Design Gyrations PG 64 -22F Binder May 14, 2011 HMA Mixture Design Highlights and Conclusions The aggregate stockpile blend of virgin aggregates produced a CDOT Grading "SX ", 1/2" maximum nominal particle size HMA mix. The stockpile percentages and composite gradation are: Stockpile Blend % Sieve Size Composite % Production Mm In Pass Tolerance* 1/2" Crushed Rock- Hidden Valley Pit 27 37.5 1 1/2 100 (100) 3/8" Crushed Rock- Hidden Valley Pit 14 25.0 1 100 (100) # 8 Crushed Fines- Hidden Valley Pit 27 19.0 '/4 100 (100) '/4" Washed Sand- Hidden Valley Pit 12 12.5 1/2 95 (90 -100) ( -)' /4" Recycled Asphalt Pavement 20 9.5 3/8 79 ( +/- 6) Aggregate and AC Data Result 4.75 No.4 58 ( +/- 5) Combined Agg. Bulk Sp.Gr. (Gsb) 2.676 2.36 No.8 44 ( +/- 5) Fine Aggregate ( -)#4 Bulk Sp.Gr. 2.649 1.18 No.16 30 ( -) Mixture Effective Sp.Gr. (Gse) 2.713 0.600 No.30 21 ( +/- 4) Aggregate Apparent Sp.Gr. (Gsa) 2.715 0.300 No.50 15 ( -) Asphalt Absorption, % (Pba) 0.54 0.150 No.100 10 ( -) Specific Gravity of AC (Gb) (est.) 1.03 0.075 No.200 6.4 ( +/- 2) *The aggregate material blended gradation listed is based on the total aggregate weight of the composite mixture including the aggregate in the RAP. * *Actual production tolerances are governed by individual project specifications - the values listed are consistent with CDOT requirements. Asphalt Cement The PG 64 -22 asphalt cement used in the mixture is a typically specified grade in the local area. It is generally accepted as adequate for the general use anticipated for the mixture. Following the Asphalt Institute's and NCHRP Project 9 -12 guidelines, use of a softer new binder grade was not used to account for incorporating the aged and more viscous asphalt cement contained in the RAP. This is because the amount of RAP used in the mixture was held at or below 20 %. • 4 • B &B Excavating 2011 Asphalt Paving 75 Design Gyrations RAP Commercial Design Mixture Grading "SX" Using 20% RAP, 75 Design Gyrations PG 64 -22F Binder May 14, 2011 Recycled Asphalt Pavement (RAP) Test Results The physical properties of the RAP material only as tested are: RAP Property ( -) 3/4" RAP. Procedure Result Asphalt Content by Total Weight of RAP Mixture, % (Pb) 5.13* AASHTO T308 Reclaimed Asphalt Cement Viscosity in RAP, poises N /A ** AASHTO T 170/T202 Reclaimed Asphalt Cement Penetration in RAP, 0.01 in N /A* AASHTO T170/T49 Maximum Theoretical Specific Gravity of RAP, g/cc (Glum) 2.498 CP -51 Maximum Theoretical Density of RAP, pcf 155.5 62.24 Cony. Effective Specific Gravity of RAP Mixture, g/cc (Gse) 2.706 * ** Al, SP -2 Percent Passing 25.0mm (1 ") Sieve Size 100 AASHTO T30 Percent Passing 19.0mm (3/4 ") Sieve Size 100 AASHTO T30 Percent Passing 12.5m n (1/2 ") Sieve Size 96 AASHTO T30 Percent Passing 9.5mm (3/8 ") Sieve Size 91 AASHTO T30 Percent Passing 4.75mm (#4) Sieve Size 67 AASHTO T30 Percent Passing 2.36mm ( #8) Sieve Size 52 AASHTO T30 Percent Passing 1.18mm ( #16) Sieve Size 41 AASHTO T30 Percent Passing 0.600mm ( #30) Sieve Size 32 AASHTO T30 Percent Passing 0.300mm ( #50) Sieve Size 23 AASHTO T30 Percent Passing 0.150mm ( #100) Sieve Size 17 AASHTO T30 Percent Passing 0.075mm ( #200) Sieve Size 11.8 AASHTO T30 *RAP asphalt content listed reflects tested RAP samples for design development. * *Reclaimed asphalt cement properties are not applicable to this mixture according to typical Asphalt Institute and NCHRP Project 9 -12 guidelines for mixtures including RAP because the quantity used was held at or below 20 %. ** *Actual asphalt content of RAP Gmm sample used in the Gse calculation. 5 B &B Excavating 2011 Asphalt Paving 75 Design Gyrations RAP Commercial Design Mixture Grading "SX" Using 20% RAP, 75 Design Gyrations PG 64 -22F Binder May 14, 2011 Optimum Asphalt Cement Mixture Properties The recommended optimum asphalt content is 5.1 percent by total weight of the HMA mixture (based on 4.0% voids). Typical project specifications allow for a production asphalt content tolerance of ( + / -) 0.3% - ( + / -) 0.5% of this value governed by individual specifications. The 5.1% total AC by weight corresponds to 4.12% new AC added due to the existing asphalt cement in the RAP. The properties of the HMA mixture at this oil content and design gyrations (except where noted) are: Test or Mix Pro I er Result S i ecification Procedure HVEEM Stabilometer Value 42 30 Minimum CP -L 5106 Compacted Mixture Specific Gravity, g /cc (Gmb) 2.405 - CP -L 5115,5103 Compacted Mixture Unit Weight, pcf 149.7 - 62.24 Conv. Maximum Theoretical Specific Gravity, g/cc (Gmm) 2.505 - CP -51 Maximum Theoretical Density, pcf 155.9 - 62.24 Conv. Effective Voids, % N(ini) (Va) 11.1 11.0Min (Info Only) CP -L 5115 Effective Voids, % N(des) (Va) 4.0 3,0 — 5.0 CP -L 5115 Voids in Mineral Aggregate,% N(des)(VMA) 14.7 14.0 Minimum CP-48 Voids Filled, % N(des) (VFA) 72.8 65 — 80 AI, SP -2 Effective AC Content, % (Pbe) 4.6 - AI, SP -2 Dust to Asphalt Ratio (DP) 1.39 0.6 —1.6 (Info Only) Al, SP -2 Composite RAP Mixture Proportions The calculated composite proportions of the HMA mixture with RAP are: HMA Mix Pro + e with RAP Result Procedure Optimum Total Asphalt Content by Total Weight of Mixture, % (Pb) 5.1 AI, MS -2 RAP Asphalt Cement Quantity by Total Weight of RAP, % (Psb) 5.13 AI, MS -2 Virgin Aggregate Proportion of Total Weight of Aggregate in Mixture, % (r) 80.83 Al, MS -2 New Asphalt Cement Added by Total Weight of Mixture, % (Pnb) 4.12 AI, MS -2 Total RAP Quantity in Mixture by Total Weight of Mixture, % (Psm -mix) 19.16 Al, MS -2 Total RAP Quantity in Mixture by Total Weight of Aggregate, % (Psm -agg) 20.0 AI, MS -2 Virgin Aggregate Proportion of Total Weight of Mixture, % (Pns -mix) 76.7 AI, MS -2 Virgin Aggregate Proportion of Total Weight of Aggregate, % (Pns -agg) 80.8 AI, MS -2 New Asphalt Cement Proportion to Total AC by Weight of Total Mix, % (R) 80.7 Al, MS -2 6 II III B &B Excavating 2011 Asphalt Paving 75 Design Gyrations RAP Commercial Design Mixture Grading "SX" Using 20% RAP, 75 Design Gyrations PG 64 -22F Binder May 14, 2011 HMA Mixture Aggregate Qualities Specific gravities and absorption properties of the individual aggregate stockpiles and composite HMA mixture blend are: #8 '�4f1 Test 5/8" 3/8" Washed z 13/4" Fine Aggregate (CP -L 4102) Crushed Crushed _Minus Sand Composite Coarse Aggregate (CP -L 4103) Rock Rock Crushed RAP Fines Bulk Dry Specific Gravity, g/cc (Gsb) 2.693 2.675 2.653 2.639 2.706 2.676 Bulk SSD Specific Gravity, g/cc 2.709 2.694 2.669 2.665 2.706 2.690 Effective Specific Gravity, g/cc (Gse) 2.713 Apparent Specific Gravity, g/cc (Gsa) 2.736 2.728 2.696 2.710 2.706 2.715 Absorption, % Water 0.59 0.72 0.60 0.98 1.00 0.70 Absorption, % AC (Pba) - - - - - 0.54 Other aggregate quality test results required in the project specifications for aggregates are: Test Result Spec. Procedure L.A. Abrasion, % Loss @ 500 revolutions 24.4 45 Maximum AASHTO T96 Micro -Deval Degradation, % Loss 6.5 - CP -L 4211 Fractured Faces, % (2 or more) 94.2 80 Minimum ASTM D5821 Fine Aggregate Angularity Value (Method A) 47.4 45 Minimum AASHTO T304 Sand Equivalent Value (Referee Method) 70 45 Minimum AASHTO T176 Liquid Limit Cr. Fines Washed Sand NN NN - - AASHTO T89 Plasticity Index Cr. Fines Washed Sand N/P N/P N/P N/P AASHTO T90 • 7 B &B Excavating 2011 Asphalt Paving 75 Design Gyrations RAP Commercial Design Mixture Grading "SX" Using 20% RAP, 75 Design Gyrations PG 64 -22F Binder May 14,2011 HMA Mixture Moisture Susceptibility LIMA moisture susceptibility testing was performed during the final phase of the mixture development. The Resistance of Compacted Bituminous Mixture to Moisture Induced Damage ( Lottman) test (CP -L 5109 Method B) was performed to assess the stripping potential of the mixture. The resulting data of the Lottman testing is summarized below, and complete data is located in the appendix of the report. Moisture Susceptibility ( Lottman) Test — CP -L 5109 Result Specification Method B (5 min. saturation) Average Compacted Air Voids — Dry Subset, % 6.9 6.0 — 8.0 Average Compacted Air Voids — Wet Subset, % 7.2 6.0 — 8.0 Average Saturation — Wet Subset, % 86.2 5 Minute Result Average Swell — Wet Subset, % ( -) 0.4 - Tensile Strength — Dry Subset, kpa (psi) 869.4 (126.1) 205 (30) Minimum Tensile Strength — Wet Subset, kpa (psi) 819.6 (118.9) - Tensile Strength Retained (TSR), % 94.3 80 Minimum Limitations The HMA job mix formula and recommendations given herein are based upon specific materials, gradation and design procedures that were tested. Slight variation in test results of laboratory prepared mixes due to multi- laboratory precision, slight variation in materials, gradation and design procedures are to be expected. All of these factors should be considered when job mix verification of laboratory mixes is performed. All of the physical properties of the HMA mix should be retested and re- evaluated for hot plant produced material. It is often necessary to make adjustments to the job mix formula to account for the changed environment between the laboratory and field produced material. In most cases, our laboratory likely can assist in guidance for adjustments and potential target adjustments if necessary. Should the source or physical characteristics of the materials change substantially, the development of a new or revised HMA job mix formula is recommended. a B &B Excavating 2011 Asphalt Paving 75 Design Gyrations RAP Commercial Design Mixture Grading "SX" Using 20% RAP, 75 Design Gyrations PG 64 -22F Binder May 14, 2011 Appendix Section 1 Superpave HMA Summary - Varying AC% Mixture Properties Section 2 Varying AC% IIMA Mixture Property Graphs Section 3 Detailed HMA Lottman Test Results Section 4 Composite HMA Gradation Summary Stockpile Data Section 5 Composite HMA Gradation 0.45 Sieve Power Graph 9 B and B Excavating B and B 2011 Paving Superpave Method JMF Hidden Valley Pit Virgin Aggregates May 14, 2011 Commercial Design 20 % RAP Mix 75 Des. Gy., Sinclair PG 64 -22F Binder Appendix Section 1 SUPERPAVE HMA VOLUMETRIC SUMMARY Varying Asphalt Content HMA Physical Properties HMA Mixture Grading Type: "SX ", 1/2" Max. Nominal SUPERPAVE Gyration Data: N(ini)= 7 IN(des)= 75 Measured Individual HMA Mixture Properties Varying AC % Results Asphalt Content by Total Weight of Mix, % (Pb) 4.5 5.0 5.5 6.0 Specimen Height- N(ini), mm 70.8 69.6 68.8 67.6 Specimen Height- N(des), mm 65.1 64.4 63.4 62.5 Maximum Theoretical Sp. Gr., g/cc (Gmm) 2.527 2.508 2.490 2.471 Maximum Theoretical Unit Wt., pcf 157.3 156.1 155.0 153.8 Compacted Mix Bulk Specific Gravity- N(des), g/cc (Gmb) 2.378 2.403 2.416 2.420 Compacted Mix Unit Wteight- N(des), pcf 148.0 149.6 150.4 150.6 Calculated Mix Bulk Specific Gravity- N(ini), g/cc (Gmb) 2.187 2.223 2.226 2.237 Calculated Mix Unit Weight- N(ini), pcf 136.1 138.4 138.6 139.3 Calculated Air Voids - N(ini), % (Va) 13.5 11.3 10.6 9.5 Calculated Air Voids- N(des), % (Va) 5.9 4.2 3.0 2.1 Calculated Voids in Min. Aggregate- N(des), % (VMA) 15.1 14.7 14.7 15.0 Calculated Voids Filled- N(des), % (VFA) 61.0 71.5 79.8 86.2 Effective Asphalt Content of Mix, % (Pbe) 4.0 4.5 5.0 5.5 Dust to Effective AC Proportion (DP) 1.6 1.4 1.3 1.2 Hveem Stability Index 40 42 43 41 Data Used For Volumetric Calculations Trial Maximum Theoretical Specific Gravity, g/cc 1 2.4711 AT 6.0 % AC I Combined Aggregate Bulk Specific Gravity, g /cc (Gsb) 2.676 Fine Aggregate Bulk Specific Gravity, g/cc 2.649 Composite Aggregate Blend Passing the #200 Sieve, % 6.4 Calculated Mix Effective Specific Gravity, g/cc (Gse) 2.713 Calculated Asphalt Absorption, % (Pba) 0.54 Asphalt Cement Estimated Specific Gravity, g/cc (Gb) 1.03 Appendix Pg. 1 B and B Excavating B and B 2011 Paving Superpave Method JMF Hidden Valley Pit Virgin Aggregates May 14, 2011 Commercial Design 20 % RAP Mix 75 Des. Gy., Sinclair PG 64-22F Binder Appendix Section 2 Varying Asphalt Content Mixture Property Graphs Asphalt Content vs. Compacted Mixture Specific Gravity Asphalt Content vs. Mixture Air Voids 7.0 6.5 o /413 4 , 31 5.5 d' !I 4 , .3 • 2.393 o a . s • 2.373 2.0 2.363 1.5 4.2 4.7 5.2 5.7 6.2 4.2 4.7 5.2 5.7 6.2 Asphalt Content, % Asphalt Content, % Asphalt Content vs. Maximum Theoretical Specific Gravity Asphalt Content vs. Mixture Voids in Mineral Aggregate 2.540 15.8 - - o 2.510 -te 2.500 6 15.0 e > i4.8 N\•......._ ,...„.....---V7A' i LI 2,490 2.480 a l 2.460 14.4 4.2 4.7 5.2 5.7 6.2 4.2 4.7 5.2 5.7 6.2 Asphalt Content, % Asphalt Content, % Asphalt Content vs. Hveem Stability Value Asphalt Content vs. Voids Filled 45 90.0 .F. 80.0 .3 to 70.0 = 39 55.0 4.2 4.7 5.2 5.7 6.2 4.2 4.7 5.2 5.7 6.2 Asphalt Content, % Asphalt Content, % Appendix Pg. 2 B and B Excavating B and B 2011 Paving Superpave Method JMF Hidden Valley Pit Virgin Aggregates May 14, 2011 Commercial Design 20 % RAP Mix 75 Des. Gy., Sinclair PG 64-22F Binder Appendix Section 3 RESISTANCE OF COMPACTED BITUMINOUS MIXTURE TO MOISTURE INDUCED DAMAGE Mixture Moisture Suseptability - Lottman Test Results Test Procedure: CDOT CL -L 5109, Method B (5 minute saturation) Mix Data Mix Type 75 Design Gyration Superpave Method (CDOT CP -L 5115) Grading: "SX" Maximum Nominal Size Mixture: 1/2" Grade of Asphalt Cement Grade Used: PG 64 -22F Asphalt Cement Supplier: Suncor Energy, Commerce City, CO Asphalt Mixing Temp. (C): 163 Asphalt Compaction Temp. (C): 149 Optimum Asphalt Content of Specimens by Total Wt. Of Mix, %: 5.1 Max. Theo. Sp. Gr. (Gmm) of Mix at Optimum AC Content, g/cc: 2.505 Antistripping agent Used in Mixture: 0.3 % Liquid Amine Antistripping Agent by Weight of AC Binder Antistripping Agent Supplier Sinclair Refining, Sinclair, Wyoming Compacted Specimen Test Data DRY SUBSET WET SUBSET Compacted Total Compacted Specimens Load Tensile Strength Specimens Total Load Tensile Strength Sp. Gr., Air Voids, Sp. Gr., Air Voids, g /cc ono Lbs kPa psi g /cc % Lbs. kPa psi • 1 2.335 6.8 2095 893.5 129.6 2.323 7.3 1820 776.2 112.6 2 2.335 6.8 2000 853.0 123.7 2.328 7.1 1970 840.2 121.9 3 2.324 7.2 2020 861.5 125.0 2.325 7.2 1975 842.4 122.2 Ave. 2.331 6.9 II 2038 869.4 126.1 2.325 1 7.2 I 1922 1 819.6 1 118.9 Specimen Compacted Height Data I Wet Subset Saturation Data Dry Subset Wet Subset Average Saturation, %: 80.9 1 2.614 in 2.614 in Average Swell, %: j ( -)0.4 2 2.614 in 2.614 in 3 2.614 in 2.614 in Ave. 2.614 in 2.614 in Tensile Strength Ratio (TSR) 94.3 Test Specimen Obervations Noted: Slight visual stripping. V III Appendix Pg. 3 O -0 ct , a \ m a 0 LL 0 C N N c3 'O U Q N N y O 00 .o V c0 y O O O O O 0 p , C N a 1 /a -, O N N o U 3 ccl v o E- Cr) C 0 Q1 cO IC M N d) ( ' a a.) 17 E < ° a z C 4- 4- 1 0 u > u, X 10 ,.°e . U C N . I.. 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C/1 O O U m a 0 t O C �T H C7 � f0 rp • M fn 2 m22 n `a X173 ad ' m = N cV C3 . _ N N N y . CO a 44 ( cp C� N a m m EL L L al 2 cow Q U O • L,Z /T T /ww5'LE U 0 II�� � 43 X a) Q u) • i-a 0) 0 nT/ww0.5Z I a .1+ 0 i2 13 N UO N u5 /E /ww0'6t U RS re m ^ P. 0 - •- d; -� cd CD o '" . 0 N < v' ". 1 , Z /i /ww5 'ZtI N pP, Z m I l i U E a 1 8 /E /ww5'61 N H 0 x Q •Fa � b 'oN /WWSL BI �' c O GO +� O E do R -0 czt RS L / g•oN /ww9E•Z (7 a(7 L 9T ' oN /wwet•TI O \ ice+ Q X I p ='0N /ww009'0 G y i=1 \ 05'oM /wwooE'0 1 0 U 00 T'oN /wwOST'0 I a 4:1 a_ OOZ'oN /wwSLO'OI N N to lU bq ts > 0 C) CD CO C) O C) O O C) C) C) X V Et O O CY) CO I` CO d' Cr) CV x m o co r ., r 6uissed lue3Jed 8 i mC1)M EXHIBIT B CONTRACTOR'S INSURANCE CERTIFICATES I Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that • Oldcastle SW Group, Inc. NAME AND * I Liberty d.b.a. B &B Excavating ADDRESS P.O. Box 4870 OF INSURED Mutual® L Eagle, CO 81631 is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terns, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY ❑ CONTINUOUS 1--1 NUMBER LIMIT OF LIABILITY ❑ EXTENDED ® POLICY TERM WORKERS WA7 -C8D- 004095 -022 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY 9/1 /2013 LAW OF THE FOLLOWING STATES: COMPENSATION WC7 -C81- 004095 -012 ALL STATES EXCLUDING Bodily lntnybyAccident MONOPOLISTICS STATES AND $ 1.000,000 Each Accident NY Bodily Injury By Disease WI $1,000,000 Pnlicvl imit Bodily Injury By Disease $1.000,000 Fitch Person COMMERCIAL • 9/1/2013 TB2 -C81- 004095 -112 General Aggregate GENERAL LIABILITY $2,000,000 ❑ OCCURRENCE Products / Completed Operations Aggregate $2,000,000 ❑ CLAIMS MADE Each Occurrence $2,000.000 RETRO DATE Personal & Advertising Injury $2,000,000 Per Person / Organization D I R E DAMAGE $100,000 Gt �R PROJECT AGGREGATE AUTOMOBILE 9/1/2013 AS2 -C81- 004095 -122 Each Accident— Single Limit LIABILITY $2,000,000 B.I. And P.D. Combined Each Person El OWNED M NON - OWNED Each Accident or Occurrence El HIRED Each Accident or Occurrence OTHER Auto: Comp Ded $10,000 /Coll Ded $10,000 EVIDENCE OF COVERAGE ADDITIONAL COMMENTS 2012 - Eagle County Airport Overlay (Northside) Eagle County is named additional insured. • If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. Liberty Mutual NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Insurance Group BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: • f Eagle County Judith Balazentis P.O. Box 850 Pittsburgh / 0387 AUTHORIZED REPRESENTATIVE 12 Federal Street, Ste. 310 Eagle, CO 81631 Pittsburgh PA 15212 -5706 412 - 231 -1331 9/12/2012 I OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as re such insurance as is afforded by those Companies NM 772 07 - LDI COI 268896 02 11