105.01 Authority of the Engine er.
7.Proposed changes in the basic design of a bridge or pavement type, or which require different right-of-way limits, will not normally be considered as an acceptable VE proposal. Items of work which are specifically e xcluded from Value Engineering by the plans will not be considered as a VE proposal.
8.If a supplemental agreement has not been executed by the date upon which the Contractor's proposal specifies that a decision should be made, or such other date as the C ontractor may subsequently have specified in writing, such proposal shall be deemed rejected.
9.If additional information is needed to evaluate proposals, such information shall be provided in a timely manner. Failure to do so will result in rejection of the proposal.
10.If a VE proposal is accepted in whole or in part, such acceptance will be by a contract supplemental agreement. The supplemental agreement will incorporate the necessary changes in the plans and specifications to permit the proposal, or a ny part of it accepted, to be put into effect. If there is to be an extension or reduction in contract time, the supplemental agreement will so note. If the approval of the Department is conditional, the supplemental agreement will specify the conditions.
11.The Department will be the sole judge as to whether a proposal qualifies for consideration and evaluation. It may reject any proposal that requires excessive time or costs for review, evaluation, and/or investigations, or which is not consistent with t he Department's design policies and basic design criteria for the project.
d.Value Engineering Payment. If a VE proposal is approved by the Department, the changes and payment therefore will be authorized by a supplemental agreement. Reimbursement to the Contractor will be made as follows:
1.The changes shown on the VE proposal will be incorporated into the contract through plan revisions, changes in the quantities of unit bid items, newly agreed price items or by force account, as appropriate, in accord ance with the specifications.
2.The cost of the revised work will be paid for directly as determined from the above mentioned changes. In addition to such payment, the Department will pay to the Contractor, by a separate Lump Sum Item, an amount equal to one -half of the savings as reflected by the difference between the cost of the original contract work and the cost of the work performed under the approved VE proposal. Payments will be made on monthly estimates based on the estimated savings generated by the approved VE proposal. The amount to be paid on these estimates will be a percentage of the total estimated savings in proportion to the amount of the VE proposal work performed during that month. Upon completion of all work included in the VE proposal, the final total savings will be determined by comparing the cost of the work based on the original contract quantities and the cost of the actual VE work performed. The final payment for work performed under the VE proposal will make any necessary correct ions in previous payments to reflect a total payment of 50% of the generated savings to the Contractor.
3.The Contractor's costs for development, design, and implementation of the VE proposal are not eligible for reimbursement.
4.The Contractor may submi t VE proposals for an approved subcontractor but, if the proposal is approved, the reimbursement will be made by the Department to the Contractor.
5.Payment will be made under item number: 104-A Value Engineering Proposal No. ______ - per lump sum SECTI ON 105 CONTROL OF WORK
105.01 Authority of the Engineer .
The Engineer will decide all questions which may arise as to the quality and acceptability of materials furnished and work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor. The Engineer shall have the authority to withhold further payment or to suspend the work wholly or in part due to failure of the Contractor to correct conditions unsafe for the workmen or the general public; failure to carry out provisions of the contract; failure to carry out orders; for such periods as he
105.02 Plans and Drawings.
may deem necessary due to unsuitable weather; for conditions unsuitable for prosecution of the work; or for any other condition or reason deemed to be in the public interest.
105.02 Plans and Drawings.
a.Plans. Each sheet of the record set of plans, exc ept cross section sheets, will be stamped "Record Plans", and will be signed and dated by a representative of the Department. The Contractor will be furnished a copy of the record set of plans. The Contractor shall have at least one set of construction pla ns available on the construction site whenever work in being performed. The general details of construction, and the location where the work is required, will be shown on the plans. The basis of payment for construction will also be shown on the plans. Roadway plans will have a title sheet, alignment, profile, typical cross section, and other information applicable to the work. Details will also be given for highway lighting, signals, utility relocation, and other work associated with roadway construction. Structural plans (bridges, culverts, pipes, retaining walls, etc.) may be included in the roadway plans. The Contractor shall supplement the construction plans with drawings for fabrication (Shop Drawings) and construction methods (Working Drawings). Shop drawings and working drawings shall be submitted as a part of the verification that the materials and methods selected by the Contractor for fabrication and construction will be in accordance with the requirements given in the contract and will not be det rimental to the quality of completed roadway facility.
b.Shop Drawings.
1.Preparation of Drawings. When shown as a contract requirement, the Contractor shall prepare and submit shop drawings for approval. Shop drawings shall be the proposed fabricatio n details for structural members and components. Shop drawings for structural steel members and components shall be prepared on 22 inch {559 mm} x 36 inch {915 mm} size plan sheets. Shop drawings for structural members other than structural steel shall b e prepared on 22 inch {559 mm} x 36 inch {915 mm} size plan sheets or, with prior approval of the Bridge Engineer, on 11 inch {280 mm} by 17 inch {430 mm} sheets. The Contractor shall carefully verify and shall become fully responsible for the correctnes s of all dimensions other than the principal controlling dimensions shown on the plans. The Contractor shall immediately advise the Engineer of any errors or discrepancies that are found during the preparation of the drawings. All drawings shall be clear a nd complete. The signature of the preparer shall be shown on all drawings. Any details not sufficiently shown on the plans will be furnished by the Engineer upon request by the Contractor.
2.Submittal . Shop drawings shall be submitted by the Contractor to the Bridge Engineer for review and approval. Two copies shall be submitted for an initial review. At the completion of the initial review, one copy will be returned to the Contractor that will be marked "No Exceptions Taken" or marked with corrections to be made. Resubmittals of two copies will be required until the drawings are marked "No Exceptions Taken".
3.Distribution of Drawings For Structural Steel . After the Contractor receives the "No Exceptions Taken" copy of the drawings, the original drawings shall be submitted to the Bridge Engineer with one copy. The original drawings will be stamped approved and returned to the Contractor for the production of sets of copies for distribution. The Contractor shall submit four copies of the approved and stamp ed drawings for distribution. Additional copies may be submitted for distribution if requested by the Contractor. Revisions of the shop drawings after approval shall be made on the original drawings. All revisions shall be clearly noted and dated on the drawings. The revise original and one copy shall be submitted to the Bridge Engineer for approval. The approved revised originals will be returned to the Contractor. The Contractor shall submit four copies of the revised original for distribution. The Contractor shall submit one set of satisfactory reproducibles (Mylar or equal) of the final approved shop drawings. The reproducibles shall be delivered to the Bridge Engineer at the completion of the fabrication work.
105.02 Plans and Drawings.
4.Distribution of Drawings for Members o ther than Structural Steel. After receiving the approved copy of the drawings, the Contractor shall submit ten copies of the approved drawings for distribution by the Department. Additional copies may be submitted for distribution if requested by the Contractor.
5.Time Allowed for Review. Ten calendar days shall be allowed for each review of each set of drawings containing five sheets or less and two days shall be allowed for each sheet of each set of drawings containing more than five sheets. If the review is not completed within the number of days allowed, and the delay is not the fault of the Contractor, the delay will be considered for an extension of contract time.
6.Approval . The approval of drawings will not release the Contractor from being so lely and fully responsible for the accuracy of the drawings. Extra work that may result from errors in the shop drawings shall be done without additional compensation.
7.Beginning Fabrication upon Approval . Fabrication shall not begin until the drawings have been approved. There will be no compensation for, or acceptance of structural members and components that are fabricated prior to approval of the drawings.
c.Working Drawings.
1.Preparation of Drawings . The Contractor shall prepare and submit workin g drawings to supplement the plans. Working drawings shall be prepared to provide a complete illustration of the construction methods and materials proposed for use by the Contractor. Design calculations shall be submitted with the drawings. The signature, seal, and date of signature shall be placed on all details and design calculations by a Professional Engineer that is licensed in the State of Alabama and not employed by the ALDOT. Working drawings and design calc ulations shall be submitted for:
1.Cofferda ms, sheeting and shoring near a railroad track;
2.Cofferdams where "cofferdam and pumping" is required;
3.Structural steel girder erection plans for continuous span bridges;
4.Temporary bracing to provide stability for bridge girders;
5.Stay- in-place bridge deck forms;
6.Falsework for bridge deck overhangs (portion of deck outside of exterior girders);
7.Falsework for bridge bent caps;
8.Proposed temporary bridges;
9.Temporary steel sheet pile walls;
10.Falsework for the support of the top slab of cast in place concrete cu lverts;
11.Proposed placement of cranes on bridges;
12.Construction loads on bridges. Working drawings and design calculations shall be submitted for any other construction process where noted on the plans or shown to be required in these specifications. The Co ntractor shall be fully responsible for all of the costs of unacceptable construction work whether or not working drawings are submitted for the construction procedures and temporary materials that affect the quality of construction.
2.Submittal . Six copies of working drawings and design calculations shall be submitted by the Contractor to the Construction Engineer. The drawings and calculations shall be submitted well in advance of the point in time when the work will be performed. Working drawings fo r work on or over the railroad right -of-way must have the approval of the railroad company before the work will be allowed to begin. The Contractor shall submit four extra sets of drawings and design calculations for use by the Construction Engineer in obt aining a review by the railroad company. The Contractor shall make the submittal far enough in advance of the need for the work to begin so that the railroad company will have ample time to review the drawings and design calculations. Working drawings and design calculations that have been submitted and distributed to ALDOT construction personnel by the Construction Engineer may be resubmitted for another project provided
105.03 Conformity with Plans and Specifications.
all requirements are identical in nature to the previous project. The resubmittal of w orking drawings and calculations shall be signed, sealed and dated again by the Professional Engineer that originally sealed the drawings. The Professional Engineer shall clearly indicate on the drawings and calculations that the resubmittal is applicable to the new work.
3.Distribution . The drawings and design calculations will be checked for completeness. The drawings will be distributed to ALDOT construction personnel for inspection of the work. The distribution of the drawings will not release the Cont ractor and the Professional Engineer from being solely and fully responsible for the accuracy and adequacy of the drawings. Extra work that may result from errors in the working drawings and design calculations shall be done without additional compensation .
4.Beginning Work shown on Working Drawings . Construction shall not be performed on any item of work for which Working Drawings are required until the Engineer receives the drawings for inspection of the work. There will be no compensation for work that is performed prior to the point in time that ALDOT personnel have the drawings for use in inspecting the construction work.
d.Compensation for Drawings. There will be no direct payment for the preparation and submittal of shop drawings, working drawings and design calculations. The cost of the drawings and calculations shall be included in the contract unit prices for the items of work.
105.03 Conformity with Plans and Specifications.
All work performed and all materials furnished shall be in reasonably c lose conformity with the lines, grades, cross sections, dimensions and material requirements, including tolerances shown on the plans or indicated in the Specifications. In the event the Engineer finds the materials furnished, work performed, or the finish ed product not within reasonably close conformity with the plans and Specifications but that reasonably acceptable work has been produced, he shall then make a determination if the work shall be accepted and remain in place. In this event, the Engineer wil l document the basis of acceptance by contract modification which will provide for an appropriate adjustment in the contract price for such work or materials as he deems necessary to conform to his determination based on engineering judgement. Where defini te tolerances are specified in the contract, such tolerances shall fix the limits of reasonably close conformity. Where tolerances are not specified in the contract, the Engineer will determine the limits of reasonably close conformity in each individual c ase and his decision shall be final and conclusive and mutually accepted by all parties. In the event the Engineer finds the materials furnished, work performed, or the finished product are not within reasonably close conformity with the plans and Specific ations, the work shall be removed and replaced or otherwise satisfactorily corrected by and at the expense of the Contractor.
105.04 Coordination of Plans, Specifications, and Special Provisions.
a.General. These specifications , the plans, special provisions and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary a nd to describe and provide for a complete work. In case of discrepancy, calculated dimensions, unless obviously incorrect, shall govern over scaled dimensions. Plans shall govern over Standard Specifications. General Application Special Provisions shall govern over Plans and Standard Specifications. Project Specific Special Provisions shall govern over General Application Special Provisions, Standard Specifications, and Plans.
b.Errors. The Contractor shall not take advantage of any apparent error or omis sion in the plans or specifications . In the event the Contractor discovers such an error or omission, he shall immediately notify the Engineer. The Engineer will then make such corrections and interpretations a s may be deemed necessary for fulfilling the intent of the plans and specifications.
105.05 Cooperation with Utilities and Non -Highway Public Facilities.
It will be the State's duty to notify in writing all utility owners or other parties affected, of the date they may begin adjustments of their facilities. The State will endeavor to have all necessary adjustments of public or private utilities, or other appurtenances within or adjacent to construction limits, made as
105.07 Cooperation Between Contractors.
soon as practicable. The owners or operators of private or public utilities shall have access to the work for the installation, adjustment, or repair of main line and service facilities. All frames of openings for valves, manholes, catch basins, or other fixtu res encountered in areas to be covered by a pavement, shall be adjusted to the proper elevation before the pavement is placed. The Contractor shall coordinate his activities with those of utility owners while utility adjustments are being made. Copies of u tility agreements will be made available for the Contractor's inspection at the Alabama Department of Transportation Area offices. The Contractor shall investigate conditions of existing utilities prior to submitting his bid for the purpose of coordinating the work to the greatest extent possible. The Contractor's attention is directed to any utilities that may be involved on this project and are designated in the Plan Assembly. In any event, it shall be the Contractor's responsibility to determine the exac t location of all existing utilities, whether shown on the Plans or not. The relocation and/or adjustments of said utilities have been authorized and utility facilities have been cleared or adjusted; however, should additional points of conflict occur, the y will, of necessity, be performed during the construction operation. Cooperation between the Contractor and the Utility Companies shall be expected in accordance with this Article. Any existing underground utilities, whether indicated on the plans or not, that have been abandoned by the Utility Companies within the limits of construction that require removing shall be removed by the Contractor. Any material removed in this manner shall become the property of the Contractor. Disposal of said material shall be at his discretion outside of the right -of-way limits. Cost of such work shall be paid for under applicable contract items of work or as Extra Work as outlined in Article 104.03.
105.06 Cooperation by the Contractor.
a.General. The Contractor will be s upplied with a minimum of two sets of approved plans and contract assemblies (except Standard Specifications) including Special Provisions. The Contractor shall purchase any required Standard Specifications from the Department. One set of approved plans and one copy of the contract assembly, including the Standard Specifications shall be kept available on the work at all times. The Contractor shall give the work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Engineer, his inspectors, and other Contractors in every way possible.
b.Contractor's Superintendence and Supervision. The Contractor shall have on the work at all times, as his agent, a compe tent superintendent capable of reading and speaking English and capable of thoroughly understanding the plans and specifications. The superintendent shall be thoroughly experienced in the type of work being per formed and will receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute orders or directions of the Engineer without delay and to promptly supply such materials, equipment, tools, la bor and incidentals as may be required. Joint venture Contractors shall have one such superintendent for all ventures. Such superintendents shall be furnished irrespective of the amount of work sublet and shall have full authority over all subcontract work .
105.07 Cooperation Between Contractors.
a.General. The Department reserves the right at any time to contract for and perform other or additional work on or near the work covered by the contract. When separate con tracts are let within the limits of any one project, each Contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other Contractors. Contractors working on the same project shall coo perate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with his contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.
105.08 Construction Stakes, Lines, and Grades.
The Engineer is empowered to regulate and coordinate the stages or progress of construction, or items of work of the respective Contractors to affect necessary cooperation and satisfactory performance and completion. The Engineer's decision shall be binding in any dispute in volving the work arising between Contractors.
b.Right of Way for Structure Contractor. Except as provided in Subarticle (a) above, the structure Contractor shall have available for his operations and storage the right of way between abutments and for a distance of up to 150 feet {45 m} (unless otherwise shown on the plans) back of the face of each abutment of each proposed structure along the main road, depending upon site conditions. In the case of an underpass structure, the structure Contractor will ha ve the use of the right of way for a distance of up to 150 feet {45 m} (unless otherwise shown on the plans) on each side of the centerline of the structure, depending upon site conditions. He shall provide a minimum 12 foot {3.7 m} vertical and 14 foot {4.2 m} horizontal clearance through the falsework of such structure, for movement of construction equipment. He shall keep open and not interfere with roadways or detours for public travel. He shall have right of access to each structure along the roadbed l ocation or other portion of the right of way and shall not be barred from such access by operations of other Contractors. He shall not by his operations bar passage of other Contractors between sections of their work beyond each end of a structure.
105.08 Construction Stakes, Lines, and Grades.
a.For Projects Containing Item 680 -A, Geometric Controls, the Following Shall Apply: The furnishing of construction stakes, lines, and grades shall be as outlined in Section 680.
b.For Projects Not Containing Ite m 680 -A, Geometric Controls, the Following Shall Apply:
1.Determination of Lines and Grades. The Engineer will set construction stakes for the Contractor establishing all the lines, grades , and measurements necessary for the prope r prosecution of the work. The location, alignment. and elevation of all parts of the work will be established by the Engineer, but the Contractor shall assume full responsibility for construction to the alignment, elevations, and dimensions as indicated b y the stakes and/or plans. These stakes and marks shall constitute the field control by and in accordance with which the Contractor shall govern and execute the work. For all work, the Engineer will furnish the Contractor all lines, elevations, and bench m arks needed to lay out the work correctly. No work shall be done without lines and grades having been given by the Engineer. For control of elevations of base and pavement layers, the Contractor will be furnished one set of control elevation stakes. These stakes will be set on grade at intervals of not more than 50 feet {20 meters} along and near each side of each roadbed, and at other points as needed for accurate grade control. It shall be the Contractor's responsibility to obtain from this one set of con trol stakes the proper elevations for each layer of subbase, base, and pavement.
2.Contractor's Responsibility for Stakes. The Contractor shall be responsible for the preservation of all stakes and marks. If in the opinion of the Engineer, any of the cons truction survey stakes or marks have been carelessly destroyed or disturbed by the Contractor, the cost to the State of replacing them will be charged against him, and will be deducted from the payment for the work.
3.Furnishing Stakes, Templates, etc. The Contractor shall furnish free of charge, all stakes, templates, and other materials necessary for marking and maintaining points and lines given, and shall furnish the Engineer such incidental labor as he may require in establishing points and lines necessary to the prosecution of the work to satisfactory completion.
105.09 Inspectors, Assistants, and Representatives.
a.General. The Engineer may appoint such inspectors, assistants, or representatives as he deems necessary, and they shall be granted full access to the work and to the mills and factories in which material is being prepared for use under the contract. In County Aid work, the Engineer may appoint the County Engineer as his representative on the work.
105.12 Oversize/Overweight Vehicle Permit and Load Restrictions.
b.Duties of the Inspector. Inspectors will be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector will not be authorized to alter or waive the provisions of the contract. The inspector will not be authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the Contractor; however, he shall have the authority to reject work or materials until any questions at issue can be referred to and decided by the Engineer.
105.10 Inspection of Work.
a.Access to the Work for Inspection by the Engineer. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed insp ection. If the Engineer requests it, the Contractor, at any time before acceptance of work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the stan dard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good the parts removed, will be at the Contractor's expense. When any unit of government, political subdivision, utility company, or railroad corporation is to pay a portion of the cost of the work covered by this contract, its respective representatives shall have the right to inspect the work. Such inspection shall in no sense make any unit of government, political subdivision, utility company, or railro ad corporation a party to this contract, and shall in no way interfere with the rights of all parties.
b.Failure of the Engineer to Discover and Reject Defective Materials and Work. The Contractor shall bear the costs of replacing defective materials an d work including the occurrence of the Engineer failing to promptly discover and reject defective materials and work.
105.11 Removal of Unacceptable and Unauthorized Work.
All work which does not conform to the requirements of the contract will be considered as unacceptable work. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness or due to any other cause, shall be removed immediately and replaced in an acceptable manner. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans, work performed without sublet approval by the Engineer if the work is performed by forces other than the Contractor's forces, or any extra work done without authority will be considered as unauthorized. If the quality of the unauthorized work is acceptable to the Engineer, the work may be left in place without payment. If the quality of the unauthorized work is unacceptable, the work shall be removed and replaced. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this Article, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be remov ed and to deduct the costs from any monies due or to become due the Contractor. Continued failure on the part of the Contractor to comply shall be considered sufficient cause for the Director to declare the contract in default and to proceed to have the wo rk completed in accordance with Article 108.12.
105.12 Oversize/Overweight Vehicle Permit and Load Restrictions.
a.Oversize/Overweight Vehicle Permit. An Oversize/Overweight Vehicle Permit may be required for moving oversized and overweight loads. The Vehicle Permit Office of the ALDOT should be contacted to obtain information concerning the special requirements (such as police escorts) for moving these loads.
b.Load Restrictions. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. In the hauling of materials on city streets or county roads, it shall be the responsibility of the Contrac tor to regulate his loads so that damage does not occur,
105.13 Maintenance of the Work.
regardless of the legal or posted load limit. Maintenance of public roads shall be as outlined in Article
104.07 A special permit will not relieve the Contractor of liability for damage which may re sult from
the moving of material or equipment. Within the project limits, loads shall be so regulated that damage will not occur to base or pavement layers and structures, but in no case shall loads exceed the legal load limit unless permitted in writing b y the Engineer under special conditions. No loads will be permitted on base, pavement or structures before the expiration of any required curing period. The Contractor shall be responsible for all damage by his hauling and other construction equipment within the project limits. Gross weight {mass} tickets for loads delivered to the project will be verified by the Engineer that all loads incorporated in the project are within the legal load limit. Required information for verification will be secured at the time of delivery; however, verification of weights {masses} may be made at any time during the project. On loads of materials not accompanied by a gross weight {mass} ticket, the Contractor shall furnish, upon request of the Engineer, the tare weight {mas s} of any truck delivering such materials to the project. These truck tare weights {masses}, along with appropriate volumes and conversion factors, will be used by the Engineer in determining approximate quantities of materials which may be hauled to the p roject and remain within the legal load limit. If the Engineer feels that the legal load limit is being exceeded, he may order the Contractor to verify the weight {mass} of designated loads at an approved truck scale. Payment will be made only for that po rtion of a load up to and including the legal load limit. No payment will be made for any portion of a load exceeding the legal load limit.
105.13 Maintenance of the Work.
a.General. The Contractor shall maintain the work during construction until the entire project is completed and accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that the roadway or structures are kept in sat isfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. The Contractor's att ention is directed to Article 104.07 for maintenance of roads and detours, and compensation thereof.
b.Compensation. All cost of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the vario us pay items and the Contractor will not be paid an additional amount for such work.
105.14 Failure to Maintain Work.
If the Contractor, at any time, fails to comply with the provisions of Article 105.13, the Engineer will immediately notify the Contractor of such non- compliance. If the Contractor fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the Engineer may immediately proceed to maintain the project, and the entire cost of this maintenance will be deducted from monies due or to become due the Contractor on his contract.
105.15 Acceptance.
a.Construction Acceptance Inspection. Whenever the Engineer considers the work provided for and contemplated by the contract is nearin g completion, or within two weeks of written notice of presumptive completion of the entire project by the Contractor, the Area Operations Engineer and all pertinent personnel (such as Area construction, project, county transportation, and maintenance personnel, FHWA, county, municipal or other owner representatives as applicable) will inspect all the work in the contract. The Contractor should not presume completion of the entire project until permanent vegetation is established. If the Area Operations Engineer finds that the work has not been satisfactorily completed at the time of such inspection, the Contractor will be advised in writing as to the work to be done or the particular defects to be remedied to place the work in condition for acceptance for maintenance purposes. The Contractor will have a maximum of four weeks to correct and complete the items listed. Time charges should res ume if the work is not completed in the four weeks.
105.15 Acceptance.
b.Partial Acceptance for Maintenance. When requested by the Contractor in writing, the Engineer may consider accepting a portion of the contract for maintenance prior to all items of work being completed. This will apply to specific items or operations of being restricted by seasonal limitations or check periods in accordance with 108.07c or 108.09 or work as directed by the Engineer. All other contract items of work s hall be satisfactorily complete. The Engineer will notify the contractor that they will assume maintenance of specific items or operations of work and will also indicate which items are not accepted. The partial acceptance letter to the contractor should also detail the disposition of time charges for the remaining work. Additional costs for completing the remaining items of work as a consequence of a partial acceptance such as traffic control and remobilization shall be borne by the Contractor. Partial acceptance shall in no way void or alter any terms of the contract. Once the remaining items of work have been satisfactorily completed, the Engineer will accept the portion of work and assume maintenance of the project henceforth.
c.Final Acceptance.
1.General. Upon due notice from the Contractor of presumptive completion of the remaining items of work in Subarticles (a) and (b) above, the Area Operations Engineer and all pertinent personnel will make an inspection. If all construction provided for and contemplated by the contract is satisfactorily completed, that inspection shall constitute the final inspection.
2.Vegetation Bonds. When directed by the Engineer, the Contractor shall provide a vegetation bond covering sustained growth of established or planted vegetation. The bond shall be of sufficient value to cover all costs associated with the replanting or reestablishment of the vegetation should it become necessary. The dollar amount of the bond shall be the costs for the labor, materials and equipment required for traffic control, temporary erosion and sediment control, and permanent vegetation establishment. The period of time covered by the bond will not be required to be greater than 12 months unless shown othe rwise on the plans. Vegetation bonds should not be used as a substitute for established vegetation of a permanent species.
3.Acceptance for Maintenance. Upon satisfactory completion of the work as noted in Item 105.15(c)1 above, the Area Operations Engin eer will notify the Construction Engineer that the Contractor has completed all work required by the contract. After the Construction Engineer has concurred with the Area Operations Engineer’s recommendation, the Construction Engineer will advise the Cont ractor in writing that the work has been accepted and the Department will assume the maintenance thereof subject to the "record check" of materials and workmanship.
4.NPDES Termination Within 10 days of Acceptance for Maintenance, the Engineer will request NPDES Permit Termination as outlined in Subarticle 107.21(e). The Contractor shall be responsible for stormwater runoff control on the project until the storm water permit is terminated or 30 calendar days after the Engineer’s request for termination has been processed, whichever is less. The Contractor is also responsible for correcting problems associated with onsite erosion and offsite sedimentation deposition during this time.
5.Contractor's Advertisement of Completion. The Contractor, immediately after receiving Notice of Acceptance for Maintenance, shall give notice of said completion by an advertisement for a period of four successive weeks in some newspaper in general circulation published within the county in which the project is located. If the project is located in more than one county, an advertisement shall be given in a newspaper of general circulation published within each county in which the project is located. Proof of publication of said notice shall be made by the Contractor to the Director, by affidavit of the publisher. If a newspaper is not published in a county where work is done, the notice may be given by posting at the Court House for 30 days and proof of same shall be made by the Probate Judge or Sheriff and the Contractor.
6.Written Notice of Final Acceptance. After completion of all requirements noted in this Article and Article 109.12, the Engineer will process the Final Estimate for payment. At this time, the Construction Engineer will give the
105.16 Claims for Adjustments and Disputes.
Contractor written notice that the project is completed, and will specify that date as Final Acceptance.
105.16 Claims for Adjustments and Disputes.
Claims shall be handled as provided in Section 110, Claims. SECTION 106 CONTROL OF MATERIALS
106.01 Source of Supply and Quality R equirements.
a.General. Attention is directed to Section 800, Materials, which includes additional Specifications for materials. The materials furnished for use in the work shall be new unused materials, unless otherwise specified, meeting all quality requirements of the contract. In order to expedite the inspection and testing of materials, the Contractor shall notify the Engineer of his proposed sources of materials prior to delivery. At the option of the Engineer, materials may be approved at the source of supply before delivery is started. If it is found after trial that sources of supply for previously approved materials do not produce uniform and satisfactory products, or, if the product from any source proves unacceptable at any time, the Contractor shall furnish acceptable materials from other approved sources. The Engineer shall have the right to reject the entire output of any source from which he finds it is impractica ble to secure a continuous flow of uniformly satisfactory materials.
1.Federal Participating Projects.
a.Steel and Iron Products. Steel/iron materials from the initial melting and mixing of these materials and all manufacturing proces ses including the stage of applying a coating to these materials (epoxy coating, galvanizing, painting, or any other coating that protects or enhances the value of the coated material) that are permanently incorporated into the completed project shall be produced domestically (in the United States, its territories, or possessions). If any part of the project (defined by and including the NEPA document) is funded by Federal -aid, then the entire project must meet the Buy America provisions, including utility relocation reimbursements for Federal -aid funds authorized after October 1, 2012. If the dollar amount of the foreign source steel/iron is less than $2,500 or 0.1% of the contract amount, whichever is greater, the foreign source steel/iron can be used in the project. The Contractor shall provide certification that the steel/iron is domestically produced.
b.Convict Produced Materials. Materials produced after July 1, 1991, by convict labor are prohibited from being incorporated in the work unless such mate rials have been: • Produced by convicts who are on parole, supervised release, or probation from a prison or • Produced in a qualified prison facility and the cumulative annual production amount of such materials for use in Federal -aid highway construction doe s not exceed the amount of such materials produced in such facility for use in Federal -aid highway construction during the 12 -month period ending July 1, 1987. "Qualified prison facility" means any prison facility in which convicts, during the 12 -month period ending July 1, 1987, produced materials for use in Federal -aid highway construction projects.
c.Cargo Preference Act. Materials or equipment that are acquired solely for a Federal -aid project must comply with the requirements of 46 CFR 381. Clauses 46 CFR 381.7(a) -(b) are hereby incorporated into these Specifications by reference.
2.Non -Federal Participating Projects. On projects financed entirely by the State of Alabama or any political subdivision thereof, the Alabama Legislature has passed Acts th at require the exclusive use of American materials, products, and supplies as follows:
Source: Alabama Standard Specifications for Highway Construction, 2022 Edition. Pages 36–44 of 934.