106CONTROL OF MATERIALS

52

Laboratory is an AASHTO accredited laboratory (see AASHTO R 18, Recommended Practice for Establishing and Implementing a Quality System for Construction Materials Testing Laboratories). All referee samples shall be submitted to the Bureau of Materials and Tests within 7 days after the close of a Lot. The contractor shall be notified within 24 hours after the close of a Lot that a referee sample is needed. The Bureau of Materials and Tests shall report the results of the referee testing within 7 days of receiving the sample. If these time requirements are not met, then the contractor’s testing results shall govern acceptance.

All testing increments of the referee samples for the entire LOT shall be tested in the Bureau of Materials and Tests Hot Mix Laboratory for the pay factor parameter(s) (liquid asphalt binder content, laboratory compacted air voids, or gradation) in question. The Contractor’s results (using the individual air voids, individual bulk specific gravities and running average of maximum specific gravities) will be compared to the Bureau of Materials and Tests results (using Materials and Tests individual bulk and maximum specific gravities) for each testing increment in the LOT. When the Contractor’s results and the Bureau of Materials and Tests results are within the tolerances listed in Tables V or VI, Section 410, the Contractor’s results will be used. When the Contractor’s results are not within the tolerances listed in Tables V or VI, Section 410, the Bureau of Materials and Tests Central Laboratory results will be used for final pay factors. The Bureau of Materials and Tests Central Laboratory will record the Contractor’s field results and the Central Laboratory’s results of the parameter(s) in question on form BMT-135. For each testing increment these results, either the Contractor’s or the Bureau of Materials and Tests’, will be used in the computation of the appropriate LOT pay factor. Should differences between test results, that are not within the tolerances listed in Table V or VI, Section 410, for liquid asphalt binder content, air voids, or gradation continue for two consecutive days, operations shall be halted until testing discrepancies can be resolved. The Bureau of Materials and Tests will monitor testing procedures by Department and Contractor technicians until consistent test results are achieved.

If the Contractor believes that the core density values determined by the State are in error, the Contractor shall notify the Area Materials Engineer in writing that referee testing is requested. Using the original cores, the Area will again determine the densities of the cores in question using a technician different from the technician who originally determined the core density. If these new densities result in a different pay factor, the new pay factor shall be applied to the tonnage in question (this may increase or decrease the Contractor’s pay adjustment).

The payment for each LOT will be adjusted on the basis of acceptance test results in accordance with the requirements given in this Section. Accurate records shall be kept of the quantity

Pay factors shall be determined for each LOT from the values given in Tables II, III, IV, and VI,

Pay Factor For: Mix 327 Mix 420 Mix 423 Mix 424 Air Voids N/A N/A Table II Table III Asphalt Content Table II Table II Table II Table III Mat Density N/A N/A Table IV Table IV Gradation N/A Table VI N/A N/A

The lowest numerical pay factor in a Lot will be applied to the contract price for the total tonnage {metric tonnage} in the LOT. This will result in an adjustment to the compensation for the Lot that will be shown in a separate line item on the payment estimates. Pay factors above 1.00 will not be applied to mixes that are tested on fewer than three characteristics or when there are less than four laboratory tests (percent liquid asphalt binder and laboratory air voids or gradation) per characteristic; it is not necessary to obtain four roadway densities to obtain a pay factor above 1.00. When the pay factor is calculated to be greater than 1.00, a pay factor of 1.00 will be applied. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 53

Pay factors above 1.00 will not be applied to mixes where the roadway density requirement has been lowered below 94%.

During start-up operations, an adjustment period (test strip) as described below shall be allowed. The purpose of the adjustment period will be to permit the Contractor to adjust his production process and for Contractor QC personnel and ALDOT QA personnel to calibrate and coordinate their testing procedures. The Contractor has the option of running a test strip or waiving the test strip. The option to place or waive a test strip shall be in writing to the Project Manager and the Area Materials Engineer prior to any production and placement. The Contractor assumes the risk of milling and relaying unacceptable mix with no additional compensation if the test strip is not utilized. A test strip of not more than 500 tons {500 metric tons} shall be constructed. If the placement of a test strip is not completed the same day it is begun, the Contractor shall construct a new test strip. Production shall stop until the Contractor has completed one liquid asphalt binder content, one air void content, and four mat density tests for mixes other than 327 and 420. For 327 and 420 mixes the Contractor shall complete one liquid asphalt binder content and one gradation. The pay factors for liquid asphalt binder content, air void content, and gradation will be calculated using the one test row of Table II and Table III and the one test column of Table VI, and the pay factor for mat density will be calculated using the four test column of Table IV in Section 410. The production point at which the mix shall be sampled shall be determined by the Contractor. This sample does not have to be randomly selected, but should be representative of the mix produced. Contractor mat density tests shall be performed with non-destructive density testing devices, meeting the requirements of Section 306, which have been calibrated for the layer being placed according to ALDOT-222, ALDOT-350, or Section 306. The Contractor shall cut cores at these locations and immediately turn the cores over to the Department for density measurements and determination of the pay factor. The Department will conduct the same tests for verification at the same time the Contractor is conducting his tests. If a pay factor of less than 1.00 is obtained using the one test row of Table II and Table III and the one test column of Table VI, and using the four test column of Table IV in Section 410, a second test strip consisting of 200 tons {200 metric tons} shall be constructed. If a pay factor of less than 1.00 is obtained using the one test row of Table II and Table III and the one test column of Table VI, and using the four test column of Table IV in Section 410 in the second test strip, additional 200 ton {200 metric ton} test strips shall be constructed until pay factors are equal to 1.00, at which time production can begin. A test strip is determined to be complete when the results of the tests are known. The Engineer may require any test strip to be removed and replaced at no cost to the Department if the pay factor determined from the four test row for mat density or the one test row for other tests is 0.80. For actual payment purposes, a pay factor of 1.00 will be used for all first and second test strips allowed to remain in place. Pay factors will be applied to the third and all subsequent 200 ton test strips at the average of the computed rate (using the one test row) and 1.00. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.01Laws to be Observed

The Contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the State and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees. The Contractor shall provide for the safety of his employees and the public along with protection of property in the performance of the work. Particular reference is made to the Federal Occupation Safety and Health Act Title 29, CFR Part 1926 (Published December 16, 1972, and all applicable amendments) for construction work and Part 1910 (Published May 29, 1971, and all applicable amendments) for general industry standards for those materials not covered in Part 1926, which is a condition of the contract and shall be a condition of any subcontract entered into pursuant thereto. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 54

All ocean shipping of materials and products used on Federal-aid highway projects shall comply with the requirements of Part 381, Title 46, CFR. The Prime Contractor shall submit copies of all commercial ocean bills of lading to the Maritime Administration in Washington at the following address: U.S. Department of Transportation Maritime Administration Office of Cargo and Commercial Sealift 1200 New Jersey AvenueSE 2nd Floor East – Mail Stop 2 Washington, DC 20590 The Contractor's letter of transmittal shall show their address, the project number, project location, and the type materials involved.

107.02Permits, Licenses and Taxes

The Contractor shall procure all permits, and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work.

107.03Patented Devices, Materials, and Processes

If the Contractor employs any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the Surety shall indemnify and save harmless the State, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the State for any costs. expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work.

107.04Restoration of Surfaces Opened by Permit

The right to construct or reconstruct any utility service in the highway or street or to grant permits for same, at any time, is hereby expressly reserved by the Department for the proper authorities of the municipality in which the work is done. When an individual, firm or corporation is authorized through a duly executed permit from the Department, the Contractor shall allow parties bearing such permits, and only those parties, to make openings in the highway. When ordered by the Engineer, the Contractor shall make in an acceptable manner, all necessary repairs due to such openings and such necessary work will be paid for as extra work, or as provided in these specifications, and will be subject to the same conditions as original work performed.

107.05Federal Aid Participation

When the United States Government participates in the cost of the work covered by the contract, the work shall be under the supervision of the State but subject to the inspection and approval of the proper officials of the United States Government and in accordance with the applicable Federal Statutes and rules and regulations made pursuant thereto (Reference Title 23, U.S. Code as amended). Such inspection shall in no sense make the Federal Government a party to this contract and will in no way interfere with the rights of either party hereunder. The Contractor and Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of USDOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the ALDOT deems appropriate.

107.06Sanitary, Health and Safety Provisions

The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements of the State and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, State and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his health or safety. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 55

107.07Public Convenience and Safety

The Contractor shall at all times conduct his work so as to ensure the least possible obstruction to traffic. The safety and convenience of the general public and residents along the highway shall be provided for by the Contractor as specified under Article 104.04. The Contractor shall have no greater length or amount of work under construction than he can prosecute properly with due regard to the rights of the public. The Contractor shall immediately clean up any spillage resulting from hauling operations along or across any public traveled way. The Contractor shall notify the Engineer before starting any construction work that might inconvenience or endanger traffic and shall make such arrangements for the safety and convenience of traffic as may be required by the Engineer.

In general, vehicles of the traveling public shall have preference over those of the Contractor to the end that vehicles of the traveling public shall not be unduly delayed for the convenience of the Contractor. When so directed the Contractor shall station flagmen, whose sole duties shall consist of directing traffic safely and expeditiously through or around the work. Materials and equipment on the right of way shall be so placed as to ensure minimum danger to the traveling public. Where traffic passes through construction, a suitable width shall be maintained level and smooth to provide satisfactory passage. This width shall be watered or treated with dust control agents as directed to prevent dust nuisance. Soil aggregate, aggregate, or other suitable material shall be spread where and as directed by the Engineer to facilitate movement of traffic over soft portions of this width. Traffic shall be maintained over or around structures and culverts.

The Contractor shall arrange his work so that there will be no undue or prolonged blocking of business establishments. Fire hydrants shall be kept accessible at all times. In the absence of local ordinances, no obstruction shall be placed within 15 feet {5 m} of a fire hydrant. The Contractor shall notify the Chief of the Fire Department in writing 24 hours before it becomes necessary to block a cross street.

The Contractor shall comply with all the requirements for public safety and convenience listed in this Article without extra compensation, except for the items of temporary surface material, Section 430, which shall be paid for at the contract unit price, or as extra work if the contract does not contain unit prices for these items.

107.08Railway-Highway Provisions

No work of any character shall be commenced on the railroad right of way until the railroad company has been duly notified by the Contractor in writing (with a copy forwarded to the Engineer) of the date he proposes to begin work and until an authorized representative of the railroad company is present, unless the railroad company waives such requirement.

All changes in approved plans and all work performed by the Contractor involving railroad crossings shall be subject to the inspection and approval of the chief engineer of the railroad company, or his authorized representative. Any precautions considered necessary by said chief engineer to safeguard the interests of the railroad company shall be taken by the Contractor without extra compensation. The State shall not be held responsible for delay to the Contractor's work due to any delay in securing such approval of construction features or changes therefrom; and any additional cost incurred by the Contractor due to such delay shall be considered as completely covered by the contract unit prices for the various items of work involved in the contract. For such delays, working days will not be charged on working day contracts, and appropriate time extensions will be granted for contracts on a calendar day or date basis. If work remains to be completed after the expiration of contract time the Contractor shall reimburse the Department for all of the costs charged by the railroad company for the inspection and monitoring of the remaining work. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 56

The Contractor shall make all arrangements with Railway Companies for the establishment of any temporary crossing to be used by the Contractor for transporting materials and equipment across their tracks. Permission for such a crossing must be obtained from the Railway Engineer prior to establishment of the crossing. All costs for installation, maintenance, any necessary watching and flagging thereof, and the removal shall be borne by the Contractor. The Contractor shall so plan his work so as not to delay Railroad Company operations.

107.09Construction in Wetlands and Over or Adjacent to Waters of the United States

Section 404 of the Federal Water Pollution Control Act of 1972 sets forth certain restrictions and requirements for materials placed in waters of the United States that are applicable to construction over or adjacent to waters of the United States. The Department will obtain any special permits necessary for the construction of the project within the scope of the design details of the contract plans and the specifications for the project. Generally, compliance with the above law can be accomplished by following the plan details along with adhering to the Specification requirements of Articles 107.13, 107.20, 107.21, 107.22, 107.23, and Section 665, utilizing the methods outlined in Section 665. The Contractor will be required to operate within the limits of any special permit issued for the construction work on a project. Attention is directed to the fact that construction methods or work in the flood plain area varying from plan details, specifications and permit proposed strictly for the convenience of the Contractor will require additional permit clearance. Any additional clearance, permit, etc. necessary to comply with the above noted laws shall be the sole responsibility of the Contractor and clearance for such work must be in the Engineer's hands before he will allow such work to proceed.

In addition to the provisions of Subarticle (a) above, all work over or on navigable waters shall be so conducted that free navigation of waterways will not be interfered with and that the existing navigable depths will not be impaired except as allowed by permit issued by the U.S. Coast Guard and/or U.S. Army Corps of Engineers, as applicable. The Department will obtain the necessary permit for the construction of the project within the scope of the design details shown by the plans, any special conditions will be noted on the plans or included in the contract documents. Should the Contractor, for his convenience, wish to use construction methods or perform work outside of the scope of the permit obtained by the Department, he shall be solely responsible for obtaining any additional work permit from the appropriate authority.

Should the required work be permitted under a US Army Corps of Engineers “Nationwide Permit” or “Individual Permit”, the Contractor shall abide by all the applicable requirements for each type of permit. Both types of permits are subject to the general requirements given in 33 CFR Part 330 “Nationwide Permit Program”. A copy of the permit and its requirements will be included in the Construction Best Management Practices Plan (CBMPP) and made available for review during the project advertising period. A copy may be obtained from the ALDOT Office Engineer, and the successful bidder will be given a copy.

107.10Barricades and Warning Signs

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices; shall provide qualified flagmen where necessary to direct traffic; and shall take all necessary precautions for the protection of the work and safety of the public. Highways or parts of the work closed to traffic shall be protected by effective barricades; obstructions shall be delineated; suitable warning signs shall be provided to properly control and direct traffic. All signs, barricades, etc. shall be reflectorized in an approved manner. The Contractor shall erect warning signs in advance of any place on the project where operations may interfere with the use of the road by traffic, and at all intermediate points where the new work crosses or coincides with an existing road. Such warning signs shall be placed and maintained in accordance with the plans furnished. No signs, barricades, lights or other protective devices shall be dismantled or removed without permission of the Engineer. All barricades, warning signs, lights, temporary signs, and other protective devices shall conform with the MUTCD.