105.15 Acceptance.
a.Construction Acceptance Inspection. Once all pay items have been completed, the Engineer will notify the Contractor in writing of the presumptive completion of the project. The Contractor may request a project status review in writing to determine presumptive completion at any time before receiving notice from the Engineer. Upon issuance of such notice, 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. One (1) written punch list will be provided to the Contractor within 21 calendar days of written notice of presumptive completion which will detail the work to be done or the specific defects to be remedied to place the work in condition for acceptance for maintenance purposes. The Contractor will have a maximum of 28 calendar days to correct and complete the items listed unless an alternate schedule for work is provided and approved by the Engineer. Time charges will resume if the work is not completed in the 28 calendar days or within the approved schedule. Any deficiencies arising after punch list issuance shall be remedied and routine maintenance shall be performed in accordance with Articles 105.13 and
107.17 until Acceptance for Maintenance at no additional cost to the Department. Any additional items
not identified on the punch list may be considered extra work.
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 shall 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 Engineer 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 otherwise 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 Engineer 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 Contractor 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 SECTION 106 CONTROL OF MATERIALS 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 publishing the notice for a minimum of three successive weeks using one or more of the following methods:
a.In a newspaper of general circulation in the county or counties in which the work, or some portion thereof, has been done.
b.On a website that is maintained by a newspaper of general circulation in the county of counties in which the work, or some portion thereof, has been done.
c.On a website utilized by the awarding authority for publishing notices.
d.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 the posting of the notice shall be given by the Contractor. Proof of publication of said notice shall be made by the Contractor to the Director, by affidavit of the publisher or website owner.
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 State Construction Engineer will give the 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 Requirements.
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 impracticable to secure a continuous flow of uniformly satisfactory materials.
1.Federal Participating Projects.
a.Steel and Iron Products (Buy America). Steel/iron materials from the initial melting and mixing of these materials and all manufacturing processes 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. SECTION 106 CONTROL OF MATERIALS The Contractor shall provide certification that the steel/iron is domestically produced.
b.Build America, Buy America Act. The Build America, Buy America Act (BABA) of the Infrastructure Investment and Job Act (IIJA) (Pub. L. No. 117-58 §§ 70901-52) expands the requirements of the Buy America Act to include permanently incorporated construction materials on Federal-aid projects. A “construction material” as defined under BABA shall include any article, material, or supply - other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as sand, stone, or gravel; or aggregate binding agents or additives - that is or consists primarily of the following: Non-ferrous metals; Plastic and polymer-based products, including but not limited to polyvinylchloride, composite building materials, and polymers used in fiber optic cables; Glass (including optic glass); Lumber; or Drywall Items that consist of two or more of the listed materials that have been combined together through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be considered as manufactured products rather than construction materials. On projects let after October 1, 2025, the final assembly of the manufactured products incorporated into the project must occur in the United States. On projects let after October 1, 2026, in addition to the final assembly in the United Stated requirement, the American- made components of the manufactured products must exceed 55% of the total cost of the product. All construction materials must be manufactured in the United States. To be considered produced in the United States, at least the final manufacturing process and the immediately preceding manufacturing process must occur in the United States. The Contractor assumes the risk of including any foreign materials that are not exempt, including iron or steel, in the Contractor's bid. The Contractor has the obligation to remove and replace non-BABA complaint material unless a waiver is granted for the use. No claims for contract adjustment (additional time, money, or both) will be made because of the non-BABA complaint material. The Contractor shall provide certification that the construction materials defined under BABA are domestically produced. After work is completed on the project, the Contractor must submit a certification to the Engineer with the following information: "I hereby certify that all construction materials and manufactured products furnished to the Alabama Department of Transportation for the construction of the above referenced project that are required to be compliant with the Build America Buy America Act have been produced in the United States of America as defined by §70912 “Definitions” of the Infrastructure and Investment Jobs Act (IIJA) (Public Law 117-58 - Nov. 15, 2021). I further certify that all supporting documentation is on file and will be maintained for a period of three (3) years after project completion." The Contractor may maintain this documentation electronically or in paper format. The Department or FHWA may request to review the Contractor's supporting documentation to verify compliance with the Buy America provisions at any time. The Contractor shall provide the supporting documentation within five (5) business days of the request. The burden of proof to meet the Buy America provisions rests on the Contractor. If the supporting documentation does not undeniably demonstrate to the Department or FHWA that the iron or steel, manufactured products, or construction materials identified in the Certificates of Compliance were produced in the United States of America, then such iron, steel, manufactured products or construction materials will be considered unacceptable and must be replaced at no cost to the Department. The Contractor shall not anticipate that any BABA preference provisions will be waived.
c.Convict Produced Materials. Materials produced after July 1, 1991, by convict labor are prohibited from being incorporated in the work unless such materials have been: SECTION 106 CONTROL OF MATERIALS 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 does 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.
d.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 that require the exclusive use of American materials, products, and supplies as follows:
a.Iron or Steel Products. The content of Alabama Code Section 39-3-4 is as follows: "(a) Any contractor for a public works project, financed entirely by the State of Alabama or any political subdivision thereof, within this state shall use iron or steel produced within the United States when specifications in the construction contract require the use of iron or steel and do not limit its supply to a sole source under subsection (f) of Section 39-2-2. If the awarding authority decides that the procurement of domestic iron or steel products becomes impractical as a result of a national emergency, national strike, or other cause, the awarding authority shall waive the above restriction. (b) In the event the contractor violates the domestic iron or steel requirements of subsection (a), and domestic iron or steel is not used, there shall be a downward adjustment in the contract price equal to any realized savings or benefits to the contractor."
b.Non-Steel Materials, Supplies and Products. The content of Alabama Code Section 39-3-1 is as follows: "(a) The awarding authority contracting for a public works project to be financed entirely by the State of Alabama or any political subdivision of the state, shall stipulate or cause to be stipulated in the contract a provision whereby the person, firm, or corporation undertaking the project agrees to use in the execution of the contract materials, supplies, and products manufactured, mined, processed, or otherwise produced in the United States or its territories, if the same are available at reasonable and competitive prices and are not contrary to any sole source specification implemented under subsection (f) of Section 39-2-2. (b) In the event the contractor breaches the agreement to use domestic products, and domestic products are not used, there shall be a downward adjustment in the contract price equal to any realized savings or benefits to the contractor."
c.Sole Source Reference [Alabama Code Subsection 39-2-2(f)]. In the rare case that a sole source material is required from a non-domestic source, the Department will make the determination of what the Contractor will be required to furnish.
b.Clearances and Acknowledgments for the Use of Offsite Areas.
1.Types of Regulatory Clearances and Acknowledgments. The regulatory clearances and acknowledgments shown in the following table are required for material pits, waste areas, haul roads, material stockpiles, long term equipment parking areas and other offsite areas selected by the Contractor to utilize in the construction of the project. SECTION 106 CONTROL OF MATERIALS REGULATORY CLEARANCES AND ACKNOWLEDGMENTS FOR THE LONG-TERM USE OF OFFSITE AREAS
1.Applicable Construction Stormwater Discharge Permitting from the Alabama Department of Environmental Management.
2.Historical and Archeological clearance from the Alabama Historical Commission. 3. Written acknowledgement from the U.S. Fish and Wildlife Service that there will be no adverse effect on endangered and threatened species protected under the Endangered Species Act.
4.Written acknowledgement from a Professional Biologist that wetlands will not be adversely affected.
2.Submittal of Copies of Regulatory Clearances and Acknowledgments. The Contractor shall submit copies of clearances and acknowledgments as verification that regulatory authorities are aware of the offsite activity and that the activity will not adversely impact natural resources. Clearances and acknowledgements will not be required for offsite areas used for short-term parking, staging or material stockpiling where the activity does not require clearing or grading. Only a copy of applicable ADEM permitting will be required for offsite areas commercially owned and operated by a third party that is not an ALDOT contractor or subcontractor.
c.Operation of Offsite Pits and Waste Areas. The operations of any material pit or waste area shall be so conducted that it will blend into the surrounding landscape. Pit sites and waste areas shall be dressed to obliterate any unsightly appearance and treated in such a manner that erosion will not occur and result in the pollution of the watershed area. In general, sources will not be permitted at locations where resulting scars are visible from any highway. However, when approved, adequate space for conservation of existing natural screenings or to permit the installation of screen planting between the road surface and the disturbed area shall be provided. The Contractor shall accept full responsibility for the quality of the materials used. The Contractor shall make all necessary arrangements with the owners of the materials; pay the purchase price or royalty directly to the owners and bear all the expense of procuring and delivering the materials complete in place, including cost of ingress and egress, and including the cost of opening, developing, and operating such sources. If the Contractor submits a written request to the Department asking that the Department run samples or analyses on the materials, the Department may, at its option, run such samples or analyses, but a charge will be made for the tests and the cost deducted from the next monthly estimate due the Contractor. Where access to a material source or waste area requires removal of fencing, the removal and replacement of fence, together with the protection of any livestock affected, shall be the responsibility of the Contractor without direct compensation. Use of existing public roads for hauling materials to be used in the work shall be governed by
Article 104 — 07.
d.Blank.
e.Blank.
f.Use of Materials with Special Acceptance Requirements. The Alabama Department of Transportation maintains several lists of materials, sources, and devices, which have undergone some form of preliminary evaluation. These lists are established both as reference for Contractors and as methods to eliminate some of the lengthy time delays required in evaluating certain products. Each list is unique in requirements and job control acceptance. Users of these lists should read all requirements carefully before using products on them. When materials or products shown on these lists are used, they shall be selected from the most current applicable list at the time of installation, regardless of the materials and products that may have been shown on the lists prior to the date of installation. These lists are published in the Department's manual "MATERIAL, SOURCES, AND DEVICES WITH SPECIAL ACCEPTANCE REQUIREMENTS" (MSDSAR), which is available on the Department’s website. SECTION 106 CONTROL OF MATERIALS The lists are not a blanket approval and do not relieve the Contractor of the responsibility of furnishing quality materials. The Project Manager will inspect the material, and if doubt exists, job control samples will be taken. If these job control samples indicate failing test results, one of the following actions will be taken depending on the detrimental effects to the project:
1.Previously installed materials may be ordered replaced with passing materials at no cost to the Department.
2.Previously installed materials, which are of a temporary nature, may be left in place with the Contractor maintaining the failing materials for the duration of their use at his expense.
3.Previously installed materials may remain in place with an agreed price reduction. After failing job control results are received, no further installation of the failing material will be allowed and a determination will be made by the Department as to the removal of the product from the list. The lists are established and maintained by the individual sections within the Department of Transportation who are primarily concerned with the products. Lists are divided into five general categories of similar requirements. They are:
1.Qualified Sources of Materials
2.Approved Materials
3.Qualified Materials
4.Approved Traffic Control Devices and Materials
5.Qualified Traffic Control Devices and Materials
6.Approved Intelligent Transportation System Devices and Materials The Alabama Department of Transportation Product Evaluation Board has final authority for addition or removal of products from these lists. The Bureau of Materials and Tests duplicates and disseminates these lists. General information concerning materials, sources, and devices with special acceptance requirements is contained in ALDOT-355. Information concerning items on these lists or how to get an item onto one of these lists may be obtained by contacting: Alabama Department of Transportation Bureau of Research and Development 1409 Coliseum Boulevard Montgomery, AL 36110 (334) 206-2240
106.02 Samples, Tests, Cited Specifications.
a.General. All material used in the work shall be inspected, tested and approved by the Engineer, Inspection and testing shall be in accordance with the current Departmental Testing Manual. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. The Engineer may permit use prior to sampling and testing of certain materials accompanied by a signed materials guaranty on the form furnished by the Department guaranteeing the material conforms to Departmental Specifications. Such material may be tested at any time and, if found unsatisfactory, shall be removed and replaced with satisfactory material at no additional cost to the Department. The Engineer reserves the right to refuse permission for use of materials on the guaranty basis at any time. The Contractor shall furnish the Department, free of charge, ample quantities of such samples as are necessary or required by the Engineer to test adequately any and all materials. Any damage caused by in-place testing when such is specified shall be repaired by the Contractor without additional compensation. Samples will be taken by or under the supervision of a representative of the Engineer. Required or designated tests will be made by and at the expense of the State unless otherwise noted on the plans or in the specifications, in accordance with the most recent standard, interim, or tentative standard methods of ALDOT, AASHTO, ASTM or F.S.S. in force and on file with the Department at the date of advertisement for bids, indicated date of adoption notwithstanding, except where standard or special drawings are included in the plans. Then the AASHTO, ASTM, or F.S.S. in effect on the date of the latest revision to the drawing shall govern. SECTION 106 CONTROL OF MATERIALS
b.Plant Inspection. The Engineer may undertake the inspection of materials at the source. Manufacturing plants may be inspected periodically for compliance with specified manufacturing methods and material samples will be obtained for laboratory testing for compliance with materials quality requirements. This may be the basis for acceptance of manufactured lots as to quality. In the event plant inspection is undertaken, the following conditions shall be met:
1.The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials.
2.The Engineer shall have full entry at all times to such parts of the plant as may concern the manufacture or production of materials being furnished.
3.If required by the Engineer, the Contractor shall arrange for an approved building for the use of the Inspector; such building to be located conveniently near the plant, independent of any building used by the material producer, and conforming to requirements of Article 106.03.
4.Adequate safety measures are to be provided and maintained. It is understood that the Department reserves the right to retest all materials prior to incorporation into the work which have been tested and accepted at the source of supply, after the same have been delivered, and to reject all materials which, when retested, do not meet the requirements of these specifications or those established for the specific project.
c.Supply of Tested Materials. The Contractor shall regulate his supply so that at all times there will be a sufficient quantity of tested and accepted materials on hand to prevent any delay to the work.
106.03 Field Laboratories.
a.General. The laboratories furnished for use shall be roofed, insulated and weather tight with suitable operational air-conditioning and heating facilities for year-round use. Each unit shall be wired for electrical service and in addition the following minimum requirements are applicable to the particular type of laboratory required. Compensation for the field laboratories shall be in accordance with Section 601.
b.Base, Soil and Structure Laboratories. This type laboratory shall contain not less than 200 square feet {18.5 square meters} of floor space (minimum width 8 feet {2.4 m}) with a 7 foot {2.1 m} (minimum) ceiling height and shall contain suitable work benches and drawers. The laboratory shall be portable and shall be independent of other buildings or office space used by the Contractor. It shall have not less than two windows and one outside door, both of which shall be screened and of adequate size to facilitate ventilation of the unit. Location of the laboratory shall be as directed by the Engineer. In addition each unit shall be provided with the following equipment:
1.Double sink with running water (minimum 100 gallon {375 liter} supply)
2.Lights, when requested by the Engineer
3.Three laboratory burners (one combined unit or separate) (gas type shall have minimum capacity to supply the burners five working days)
4.Laboratories for use at rock crushing operations shall also include an approved mechanical shaking machine for screening samples and shall have power for operating the machine
5.Cabinets and shelving shall be provided as appropriate.
c.Concrete Plant Laboratories. Concrete plant laboratories shall contain not less than 200 square feet {18.5 square meters} of floor space. These laboratories shall have a minimum width of not less than 10 feet {3 m} with a 7 foot {2.1 m} (minimum) ceiling height and shall contain suitable work benches and drawers. A waiver of the 10 foot {3 m} width requirement may be granted for mobile, trailer type laboratories after an inspection of the lab's suitability has been made and approved. The laboratory may be a portable, a permanent, or a partitioned portion of a permanent structure provided it meets the requirements of these specifications. The unit shall be independent of plant storage, office space, etc., and shall have one private entrance door that can be secured. The laboratory shall be located as directed by the Engineer with window space suitable to the Engineer for periodic observation of plant operations. All outside windows and doors shall be screened. In addition, each shall be provided with the following equipment: SECTION 106 CONTROL OF MATERIALS
1.Single sink with running water (minimum 100 gallon {375 liter} supply)
2.One laboratory burner or oven
3.Lights
4.Shelves and cabinets shall be provided as appropriate
d.Asphalt Plant Laboratories. Asphalt plant laboratories shall contain not less than 450 square feet {41.8 square meters} of floor space and shall be of sufficient size to allow the required independent laboratory equipment to be used simultaneously by the contractor and the state. These laboratories shall have a minimum width of not less than 10 feet {3 m} with a 7 foot {2.1 m} (minimum) ceiling height and shall contain suitable work benches and drawers. A waiver of the 10 foot {3 m} width requirement may be granted for mobile, trailer type laboratories after an inspection of the lab's suitability has been made and approved. The laboratory may be a portable, a permanent, or a partitioned portion of a permanent structure provided it meets the requirements of these specifications. The unit shall be independent of plant storage, office space, etc., and shall have at least one private entrance door that can be secured. The laboratory shall be located as directed by the Engineer with window space suitable to the Engineer for periodic observation of plant operations. In addition, each shall be provided with the following equipment:
1.Single sink with running water (minimum 100 gallon {375 liter} supply)
2.One laboratory burner or oven
3.Lights
4.Shelves and cabinets shall be provided as appropriate
5.All asphalt plant laboratories shall be equipped with an exhaust fan, sufficiently sized and located to effectively clear the laboratory of smoke and fumes in a reasonable, in the judgment of the Engineer, amount of time. All asphalt laboratories shall also be equipped with all applicable equipment listed in ALDOT-349.
106.04 Contractor's Statement of Material Sources.
Before work on any contract is started, the Contractor may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials proposed to be used in the construction of the work, together with samples which may be subjected to the tests provided in the contract to determine their quality and fitness for the work.
106.05 Handling and Storage of Materials.
a.Handling Materials. All materials shall be handled in such a manner as to preserve their quality and fitness for the work. Aggregates shall be transported from the storage site to the work in tight vehicles so constructed as to prevent loss or segregation of materials after loading and measuring in order that there may be no inconsistencies in the quantities of materials, intended for incorporation in the work, as loaded and the quantities as actually received at the place of operations.
b.Storage of Materials. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. Approved portions of the right of way may be used for storage purposes and for the placing of the Contractor's plant and equipment, but any additional space required therefor must be provided by the Contractor at his expense. Private property shall not be used for storage purposes without written permission of the owner or lessee, and if requested by the Engineer copies of such written permission shall be furnished him. All storage sites shall be restored to their original condition by the Contractor at his expense. This shall not apply to the stripping and storing of topsoil, or to other materials salvaged from the work.
106.06 Unacceptable Materials.
All materials not conforming to the requirements of the Specifications shall be considered as unacceptable and all such materials will be rejected and shall be removed immediately from the site of the work unless otherwise instructed by the Engineer. No rejected material, the defects of which have been corrected, shall be used until approval has been given. In case of failure by the Contractor to comply promptly with any order by the Engineer to remove rejected materials, the Engineer shall have authority to have such rejected materials removed by other means and to deduct the expense of such removal from any monies due or to become due the Contractor. SECTION 106 CONTROL OF MATERIALS
106.07 Department Furnished Material..
The Contractor shall furnish all materials required to complete the work, except those specified to be furnished by the Department. Department furnished materials will be delivered to or made available to the Contractor at locations specified in the contract. The cost of handling and placing all materials after they are delivered to the Contractor shall be considered as included in the contract price for the item in connection with which they are used. The Contractor will be held responsible for all material delivered to him, and deductions will be made from any monies due him to make good any shortages and deficiencies, from any cause whatsoever, and for any damage which may occur after such delivery, and for any demurrage charges.
106.08 Rights In and Use of Materials Found on the Right of Way.
The Contractor, upon his written request and written approval of the Engineer, may use on the project, sand, gravel, rock, or other materials determined suitable by the Engineer as may be found in the limits of the regular excavation. The Engineer will make a study of the Contractor's request and shall submit to the Contractor a written statement of the guidelines under which the request is approved. This statement shall include a detailed analysis of the pay item, or items, under which the Contractor will receive payment for the work performed. The intent is not to preclude payment for both the item of removal and the item under which the materials are used, if, in the opinion of the Engineer payment under both items are justified, but to allow the Department to share in any savings realized by the Contractor in the use of such materials. The Contractor shall not excavate or remove any material from within the highway location that is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the Engineer. Any coal or other valuable mineral found within the construction limits as defined by the slope and grade lines considered to be unsuitable for reuse on the project shall be removed by the Contractor. In no case shall any coal or other mineral be removed from outside the slope lines or below subgrade except that removed as unsuitable material as directed by the Engineer (not to exceed 30 inches {750 mm} below subgrade), unless otherwise shown by plan details or with written authorization of the Transportation Director. The Contractor shall assume full responsibility and liability for insuring that any legal rights due the holder of the mineral rights are satisfied prior to the disposition of any mineral. By agreement with the owner of the mineral rights, the Contractor may dispose of this material by direct sale and payment of royalty to the owner or by stockpiling for immediate removal by the owner. The Contractor shall hold the State harmless in all matters pertaining to the disposition of any mineral.
106.09 Quality Control and Quality Assurance (QC/QA) Requirements for Hot Mix Asphalt (HMA)
Pavement.
a.General. The following modifications apply only to the materials and work performed under Sections 327, 410, 420, 423 and 424. In all cases, the Department's testing will be separate from the Contractor's testing and both shall be conducted by certified technicians. All Quality Control aspects of this provision shall be the responsibility of the Contractor. Quality Control is defined as the activities that are related to the production of Hot Mix Asphalt Pavement which meet all the requirements of the Specifications, including mix design, process control testing, sampling and acceptance testing (when so designated by the Department) for determination of Pay Factors, and necessary adjustments to the production process. All Quality Assurance aspects of this provision shall be the responsibility of the Department and will be accomplished in the following ways:
1.By conducting assurance/verification testing, on a random basis, of independent samples obtained by the Department, at a frequency of one or more per day;
2.By periodically observing tests performed by the Contractor;
3.By monitoring required Contractor control charts exhibiting test results of control parameters. All Superpave Gyratory Compactors shall have their angle of gyration verified by the Engineer following the procedure in AASHTO T 344, "Standard Method of Test for Evaluation of Superpave Gyratory Compactor (SGC) Internal Angle of Gyration Using Simulated Loading". This includes all design, quality control, and quality assurance SGCs. The compactors shall tilt the specimen molds at an average internal angle of 20.2 ± 0.35 mrad (1.16± 0.02 degrees). SECTION 106 CONTROL OF MATERIALS
b.Quality Control. The Contractor shall provide and maintain a quality control system that will provide reasonable assurance that all materials, products, and completed construction submitted for acceptance conform to contract requirements whether manufactured or processed by the Contractor or procured from subcontractors or vendors. Quality control managers, laboratory technicians and roadway technicians will be certified by the Department as outlined in ALDOT-374, "Certification Requirements for Hot Mix Asphalt Technicians". This quality control system shall conform to ALDOT-370, Quality Control and Quality Assurance Procedures and Responsibilities for Asphalt Plant Mix Production . The sampling and testing frequencies shall conform to the requirements given in Table 1 for a pay item when the accumulated amount of asphalt mix placed for that pay item exceeds 250 tons {250 metric tons}. The accumulated amount of asphalt mix shall be the current total amount of asphalt mix that has been placed beginning from the start of construction. The sampling and testing frequencies given in Table 1 may be waived by the Area Materials Engineer and the asphalt mix may be accepted by visual observation for a maximum accumulated asphalt mix placement quantity of 250 tons {250 metric tons} or less for any individual pay item. The Engineer will record the results of the acceptance of the asphalt mix on form BMT-16 if sampling and testing is not required. For asphalt paving sections that are 1000 feet or less in length, such as those at bridge or culvert replacements, the Contractor, as part of his QC plan, shall establish a rolling pattern using the nondestructive testing devices approved in Section 306 of the specifications. The device shall either be calibrated to roadway cores or gauge counts and shall be used to determine the rolling pattern producing maximum density. Contractor QC personnel shall be on site throughout each day to perform periodic checks and verify that the rolling pattern continually produces the maximum density that is achievable. TABLE I SECTION 327 E and 420 MIXES SAMPLING AND TESTING REQUIREMENTS FOR QC/QA PROJECTS Control Parameter Sample Size Sampling Methods Sampling Location Testing Methods ALDOT Testing Frequency Contractor Testing Frequency
1.Asphalt Content * ALDOT Sample = 55 lb {25 kg} Split into 2 equal samples AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-354 or AASHTO T 308 +++ 1 per day per LOT ++ 1 per 700 tons
2.Mixture Gradation Cont ractor Sample = 55 lb {25 kg} Split into 2 equal samples AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-371 AASHTO T 308 1 per day per LOT ++ 1 per 700 tons
3.Asphalt Draindown 12 lb {5 kg} AASHTO R 97 & ALDOT-210 +Loaded Truck AASHTO T 305 As Required As Required * See ALDOT-370 “Quality Control and Quality Assurance Procedures and Responsibilities for Asphalt Plant Mix Production”. + Beginning each production day, no sample for acceptance purposes shall be taken prior to the production of 50 tons. If the random number ++selected falls within the first 50 tons, the sample shall be taken from the first loaded truck following the truck containing the fiftieth ton ++produced. ++ One sample for each 500 tons {500 metric tons} for Section 420 mixes. +++Note: The testing increment shall have a 150-ton buffer between each increment. +++ Under AASHTO T 308, mixture calibration shall be used. The ignition furnace shall be equipped with an internal weighing system with microprocessor control where sample weight {mass} and percent weight {mass} loss is computed and produced on hard-copy output. SECTION 106 CONTROL OF MATERIALS TABLE I (CONT’D.) SECTION 327 PLANT MIX BITUMINOUS BASE SAMPLING AND TESTING REQUIREMENTS FOR QC/QA PROJECTS Control Parameter Sample Size Sampling Methods Sampling Location Testing Methods ALDOT Testing Frequency Contractor Testing Frequency
1.Asphalt Content * ALDOT Sample = 90 lb {40 kg} Split into 2 equal samples Contractor Sample = 90 lb {40 kg} Split into 2 equal samples AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-354 or AASHTO T 308 ++++ 1 per day per LOT ++ 1 per 700 tons
2.Maximum Specific Gravity * AASHTO R 97 & ALDOT-210 +Loaded Truck AASHTO T 209 (Flask determination with dry back) 1 per day per LOT ++ 1 per 700 tons
3.Air Void Content & VMA * AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-370 & ALDOT-307 1 per day per LOT ++ 1 per 700 tons
4.Mixture Gradation * AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-371 AASHTO T 308 1 per day per LOT ++ 1 per 700 tons
5.Mat Density * ALDOT-210 Roadway ALDOT-222 & ALDOT-350 As per Contractor’s QC plan (ALDOT-370) ALDOT-403 AASHTO T 166 Method A AASHTO T 275 AASHTO T 331 °° 1/3000 lane feet/lift {1/900 lane m/lift
6.Clay Content Adequate Quantity AASHTO R 90 Aggregate Stockpiles AASHTO T 176 As Required As Required
7.Asphalt Draindown 12 lb {5 kg} AASHTO R 97 & ALDOT-210 +Loaded Truck AASHTO T 305 As Required As Required * See ALDOT-370 “Quality Control and Quality Assurance Procedures and Responsibilities for Asphalt Plant Mix Production”. °° Cores shall be taken by the Contractor and the density will be determined by the Department. + Beginning each production day, no sample for acceptance purposes shall be taken prior to the production of 50 tons. If the random number selected falls within the first 50 tons, the sample shall be taken from the first loaded truck following the truck containing the fiftieth ton produced. ++ The sample shall be one set of three Marshall samples or one set of two gyratory samples +++. Note: The testing increment shall have a 150-ton buffer between each increment. +++ When slag is used as an aggregate in the mixture, four Marshall samples or three gyratory samples shall be compacted. The test result the furthest away from the average of the four test results shall be discarded and the remaining three test results shall be averaged for use in the computation of air voids. ++++ Under AASHTO T 308, mixture calibration shall be used. The ignition furnace shall be equipped with an internal weighing system with microprocessor control where sample weight {mass} and percent weight {mass} loss is computed and produced on hard-copy output. \ TABLE I (CONT’D.) SECTION 423 MIXES (STONE MATRIX ASPHALT) SAMPLING AND TESTING REQUIREMENTS FOR QC/QA PROJECTS Control Parameter Sample Size Sampling Methods Sampling Location Testing Methods ALDOT Testing Frequency Contractor Testing Frequency
1.Asphalt Content * ALDOT Sample = 90 lb {40 kg} Split into 2 equal samples Contractor Sample = 90 lb {40 kg} Split into 2 equal samples AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-354 or AASHTO T 308 ++++ 1 per day per LOT ++ 1 per 700 tons
2.Maximum Specific Gravity * AASHTO R 97 & ALDOT-210 +Loaded Truck AASHTO T 209 (Flask determination with dry back as required by procedure) 1 per day per LOT ++ 1 per 700 tons
3.Air Void Content & VMA * AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-370 & ALDOT-307 1 per day per LOT ++ 1 per 700 tons
4.Mixture Gradation * AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-371 AASHTO T 308 1 per day per LOT ++ 1 per 700 tons
5.Mat Density * ALDOT-210 Roadway ALDOT-222 & ALDOT-350 As per Contractor’s QC plan (ALDOT-370) ALDOT-403 AASHTO T 166 Method A AASHTO T 275 AASHTO T 331 °° 1/3000 lane feet/lift {1/900 lane m/lift}
6.Clay Content Adequate Quantity AASHTO R 90 Aggregate Stockpiles AASHTO T 176 As Required As Required
7.Asphalt Draindown 12 lb {5 kg} AASHTO R 97 & ALDOT-210 +Loaded Truck AASHTO T 305 As Required As Required * See ALDOT-370 “Quality Control and Quality Assurance Procedures and Responsibilities for Asphalt Plant Mix Production”. °° Cores shall be taken by the Contractor and the density will be determined by the Department. + Beginning each production day, no sample for acceptance purposes shall be taken prior to the production of 50 tons. If the random number selected falls within the first 50 tons, the sample shall be taken from the first loaded truck following the truck containing the fiftieth ton produced. ++ The sample shall be one set of three Marshall samples or one set of two gyratory samples +++. ++Note: The testing increment shall have a 150 ton buffer between each increment. +++ When slag is used as an aggregate in the mixture, four Marshall samples or three gyratory samples shall be compacted. The test result the furthest away from the average of the four test results shall be discarded and the remaining three test results shall be averaged for use in the computation of air voids. ++++ Under AASHTO T 308, mixture calibration shall be used. The ignition furnace shall be equipped with an internal weighing system with microprocessor control where sample weight {mass} and percent weight {mass} loss is computed and produced on hard-copy output. SECTION 106 CONTROL OF MATERIALS TABLE I (CONT’D.) SECTION 424 MIXES (SUPERPAVE) SAMPLING AND TESTING REQUIREMENTS FOR QC/QA PROJECTS Control Parameter Sample Size Sampling Methods Sampling Location Testing Methods ALDOT Testing Frequency Contractor Testing Frequency 1.Asphalt Content * ALDOT Sample = 135 lb {60 kg} Split into 2 equal samples Contractor Sample = 135 lb {60 kg} Split into 2 equal samples AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-354 or AASHTO T 308 ++++ 1 per day per LOT ++ 1 per 700 tons
2.Maximum Specific Gravity * AASHTO R 97 & ALDOT-210 +Loaded Truck AASHTO T 209 (Flask determination with dry back as required by procedure) 1 per day per LOT ++ 1 per 700 tons
3.Air Void Content & VMA AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-384 ALDOT-388 ALDOT-370 1 per day per LOT ++ 1 per 700 tons % Gmm @ Nd * As needed
4.Mixture Gradation & Dust to Asphalt Ratio * AASHTO R 97 & ALDOT-210 +Loaded Truck ALDOT-371 AASHTO T 308 1 per day per LOT ++ 1 per 700 tons
5.Mat Density * ALDOT-210 Roadway ALDOT-222 & ALDOT-350 As per the Contractor’s QC plan (ALDOT-375) ALDOT-403 AASHTO T 166 Method A AASHTO T 275 AASHTO T 331 °° 1/3,000 lane feet/lift {1/900 lane m/lift}
6.Fine Aggregate Angularity * * FAA Note: The FAA test is not required for any pay item less than a full lot. Adequate quantity to run AASHTO T 304, Method A or ASTM C 1252,Method A AASHTO R 90 +Loaded Truck AASHTO T 304, Method A Or ASTM C 1252, Method A 1 for the first full lot (2,800 tons {2,800 metric tons}) and 1 for the next 10,000 tons {10,000 metric tons} and 1 for each additional 20,000 tons {20,000 metric tons} or portion thereafter 1 for the first full lot (2,800 tons {2,800 metric tons}) and 1 randomly for the next 10,000 tons {10,000 metric tons} and 1 randomly for each additional 20,000 tons {20,000 metric tons} or portion thereafter
7.Clay Content Adequate quantity AASHTO R 90 Stockpile AASHTO T 176 As required As required
8.Asphalt Draindown 12 lb {5kg} AASHTO R 97 & ALDOT-210 +Loaded Truck AASHTO T 305 As Required As Required * See ALDOT 370 “Quality Control and Quality Assurance Procedures and Responsibilities for Asphalt Plant Mix Production”. ** In virgin mixes, the sample may be taken from the cold feed conveyor. °° Cores shall be taken by the Contractor and the density will be determined by the Department. + Beginning each production day, no sample for acceptance purposes shall be taken prior to the production of 50 tons. If the random number selected falls within the first 50 tons, the sample shall be taken from the first loaded truck following the truck containing the fiftieth ton produced. ++ The sample shall be one set of two gyratory samples+++. Note: The testing increment shall have a 150 ton buffer between each increment. +++ When slag is used as an aggregate in the mixture, three gyratory samples shall be compacted. The test result the furthest awa y from the average of the three test results shall be discarded and the remaining two test results shall be averaged for use in the computation of air voids. ++++ Under AASHTO T 308, mixture calibration shall be used. The ignition furnace shall be equipped with an internal weighing system with microprocessor control where sample weight {mass} and percent weight {mass} loss is computed and produced on hard -copy output.
c.Quality Assurance.
1.Acceptance Procedures. All materials will be evaluated for acceptance and payment through the Department's Acceptance Procedures specified herein. The Department will be responsible for determining the acceptability and pay factor of the construction and materials incorporated therein. The Department will utilize the Contractor’s QC System test results for liquid asphalt binder content and laboratory compacted air void content for pay purposes except where:
a.The Department’s Quality Assurance testing, as described in Item 3 below and Article 410.08, does not validate the quality of the material.
b.QC sampling and testing was not performed in accordance with specified procedures. The Department will determine the sample locations. The sampling and testing frequencies shall conform to the requirements given in Table 1 for a pay item when the accumulated amount of asphalt mix placed for that pay item exceeds 250 tons {250 metric tons}. The accumulated amount of asphalt mix shall be the current total amount of asphalt mix that has been placed beginning from the start of construction. The sampling and testing frequencies given in Table 1 may be waived by the Area Materials Engineer and the asphalt mix may be accepted by visual observation for a maximum accumulated asphalt mix placement quantity of 250 tons {250 metric tons} or less for any individual pay item. The Engineer will record SECTION 106 CONTROL OF MATERIALS the results of the acceptance of the asphalt mix on form BMT-16 if sampling and testing is not required. All conforming and nonconforming inspections and test results will be monitored in accordance with ALDOT-370 and shall be recorded on approved forms and charts which shall be kept up to date and complete and shall be available at all times to the Department during the performance of the work. Only those tests designated by the Department in advance as acceptance tests will be utilized in the computation of pay factors. Test properties shall be charted on forms that are in accordance with the applicable requirements of the Department. A copy of each chart and form to be used by the Contractor will be furnished by the Department. The Contractor shall furnish his own supply of the charts and forms. The Contractor or Producer may design their own forms and charts; however, these must be approved by the Engineer prior to their use. A LOT is normally defined as 2,800 tons {metric tons} for Section 327, 423 and 424 mixes, and 2,000 tons {metric tons} for Section 420 mixes, consisting off our QC test sets of laboratory tests (liquid asphalt binder content and laboratory air voids or gradation), unless specifically stated otherwise in this item or elsewhere in the specifications. A LOT will usually consist of at least four density tests; however, a LOT may have fewer than four density tests. The Engineer will round a testing increment or a LOT to the nearest truckload of material. A LOT lasting longer than thirty calendar days or a LOT with inactivity for longer than 30 calendar days will be terminated. Mix produced after the completion of the last full LOT, a terminated LOT, and small production projects will be evaluated and pay factors computed and may be accepted on the basis of less than four laboratory tests (liquid asphalt binder content and laboratory air voids or gradation). Each LOT will be accepted on the basis of the actual number of test sets run for that LOT. If the production process is considered out of control (any individual test result for asphalt content, gradation (single sieve), or air voids has a pay factor equal to 0.80 computed from the “1 Test” row in Table II and Table III, or the “1 Test” column in Table VI, of Article 410.08 whichever is appropriate), production shall be suspended and corrections made as outlined in Article 410.08. Gradation pay factors are normally computed on each screen tested and then averaged, however, if any individual screen has a pay factor of 0.80 (before being averaged with the other screen(s)), the process is considered out of control. The Contractor may voluntarily terminate a LOT when the pay factor will be less than 0.90 when calculated using the one test row of Table II and Table III and the one test column of Table VI in Section 410. If the Contractor terminates a LOT, production shall be suspended and corrections made as outlined in Article 410.08. The voluntary termination of a LOT may only be done once per pay item, per project. All sampling, testing and computations for a LOT will be completed and pay factors provided the Contractor as soon as possible. All sampling and testing of materials, including frequency of samples and tests for the Contractor's Quality Control and the Department's verification, shall be performed in strict conformance with the Department's Testing Manual as modified in Table I. This Manual (available on the ALDOT Internet Site) contains guidance for sampling and testing procedures from AASHTO, ASTM, and ALDOT procedures.
2.Acceptance or Rejection. The decision of the Engineer will be final as to the acceptance, rejection, or acceptance at an adjusted payment of each LOT. Rejected LOTS shall be removed at no cost to the Department and replaced at the contract unit bid price.
3.Sampling of Lots and Sublots. It is the intent of these specifications that each LOT (for mixture testing) and each SUBLOT (for mat density testing) will meet specification requirements at the time of initial evaluation. No resampling or retesting (other than referee testing described below) will be allowed. The Department will, however, perform at least one liquid asphalt binder content, one maximum specific gravity, one mixture gradation, and one set of laboratory compacted samples for air void content tests per day per Lot, as specified in Table I, to verify the Contractor's test results. If the Contractor is not required to perform a test that day (the tonnage calculated by the random number is not reached), the Department will not run a verification test. The Department will perform a verification test for each LOT, even where there is more than one LOT per day. The Contractor will be notified by the Engineer at the point in production to procure mixture acceptance samples. The Contractor shall sample the mixture and split it into two samples: the SECTION 106 CONTROL OF MATERIALS Contractor's primary sample and a referee sample. The portions of mixture for the referee sample shall be bagged, labeled, and stored for testing, if required. All referee samples will be kept by the Department until they are tested (if required). The Contractor shall obtain a verification testing sample from each LOT each day for testing by the Department. The verification testing samples shall be taken at locations directed by the Engineer. These locations will be different from the Contractor’s mixture acceptance sample locations. The Contractor may take half of each sample for verification testing. The Department will compare the verification seample to the closest (in tonnage) Contractor’s primary sample. The sampling of Hot Mix Asphalt is outlined in ALDOT-380, Forms and Examples for Sampling and Computing Pay Factors for Hot Mix Asphalt.
4.Testing and Lot Verification. Air voids shall be computed on the Contractor’s sample by using the running average of the Contractor’s last four maximum specific gravities and the individual bulk specific gravity. If slag is used as an aggregate in the mixture, the running average of the Contractor’s four most recent determinations for the bulk specific gravity of the compacted mixture shall be used in the computation of the air voids for the Contractor’s sample. The calculation of the running averages of both maximum specific gravity and bulk specific gravity shall start with the first LOT. The test strip is independent of the LOTs. Air voids shall be computed on the Department’s sample by using the Department’s individual maximum specific gravity and individual bulk specific gravity. The Department and the Contractor shall compare test results with each other for the above- mentioned testing increments. If there are no differences or if the differences are within the tolerances listed in Tables V or VI, Section 410, for each parameter, no further testing and analysis will be necessary and the Contractor’s test values will be used in the computation of the appropriate LOT pay factor. If the Contractor’s air voids do not compare with the Department’s test results, the Contractor shall re-compute test results using the individual maximum specific gravity and the individual bulk specific gravity for that particular testing increment and re-compare with the verification test result. If the results compare within the tolerances in Table V, Section 410, using the individual maximum specific gravities and the individual bulk specific gravity, no further testing will be required and the Contractor’s running average of the last four maximum specific gravities and the individual bulk specific gravities will be used to compute air voids for pay factor determination. Also, if the Contractor’s air voids do not compare with the Department’s test results, and the Contractor is using slag as an aggregate, the Contractor shall re-compute test results using the individual maximum specific gravity for that particular testing increment and the running average of the Contractor’s last four bulk specific gravities and re-compare with the verification test result. If the results compare within the tolerances in Table V, Section 410, using the individual maximum specific gravity, no further testing will be required. If the results do not compare the Contractor shall re-compute test results using the individual bulk specific gravity for that particular testing increment and the running average of the Contractor’s last four maximum specific gravities and re-compare with the verification test result. If the results compare within the tolerances in Table V, Section 410, using the individual bulk specific gravity, no further testing will be required. If the results do not compare, the Contractor shall re-compute test results using the individual bulk and individual maximum specific gravity for that particular testing increment and re-compare with the verification test result. If the results compare within the tolerances in Table V, Section 410, using the individual bulk and individual maximum specific gravity, no further testing will be required. The Contractor’s running average of the last four bulk specific gravities and the last four maximum specific gravities will be used to compute air voids for pay factor determination. If the results of the Department’s verification test and the Contractor’s test do not compare within the tolerances in Tables V or VI, Section 410, but yield the same pay factor for the LOT when the Department’s result is substituted for the Contractor’s result, no further testing will be required. Where the Contractor’s test results and the Department’s test results do not compare and cannot be resolved by the above mentioned methods but the pay factor dispute is between 1.00 and 1.02 the Contractor may elect to accept the 1.00 pay factor and waive referee testing. When differences between test results of the verification samples are not within the tolerances listed in Tables V or VI, Section 410, and cannot be resolved by the above mentioned methods, referee testing will be required. All referee samples will be tested by the Bureau of Materials and Tests, Central Laboratory, 3704 Fairground Road, Montgomery, AL 36110. The Bureau of Materials and Tests Central SECTION 106 CONTROL OF MATERIALS 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.
5.Referee Testing
a.Laboratory: 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.
b.Cores: 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).
6.Adjusted Payment for Deficiencies. 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 (tonnage) of plant mix in each LOT. Pay factors shall be determined for each LOT from the values given in Tables II, III, IV, and VI, Section 410, in accordance with the following: 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.
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Source: 2026 Standard Specifications for Highway Construction, 2026 Edition. Pages 46–60 of 826. View official source ↗