Each party to the arbitration shall bear its own costs, attorney fees and expert fees. Any other costs and fees assessed by the arbitration service shall be divided equally between the parties to the arbitration. SECTION 106 CONTROL OF MATERIAL:
106.01 Source of Supply and Quality Requirements:
The contractor shall furnish all materials required to complete the work, except materials that are designated in the Special Provisions to be furnished by the Department as set forth in Subsection 106.12 of the specifications. Only materials conforming to the requirements of the specifications shall be incorporated into the work. Materials shall be new except as may be provided elsewhere in the contract. The materials shall be manufactured, handled, and used in a workmanlike manner to insure completed work in accordance with the requirements of the plans and the specifications. In order to expedite the inspection and t esting of materials, the contractor shall notify the Engineer of the contractor 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 specified products, the contractor shall furnish materials from other sources. Whenever water is required on a project, as part of either a process or a product, it shall be free of contaminants which, in the judgment of the Engineer, constitute a health hazard to those individuals employed on the project and to the general public. Untreated effluent shall not be utilized in any aspect of the work.
106.02 Items of Special Man ufacture:
At the preconstruction conference, the contractor shall furnish the Engineer a list of all items of special manufacture or items which are or may be in short supply which will be incorporated into the work. I tems of special manufacture shall include, but shall not be limited to, materials and equipment for traffic signal and lighting systems, steel bridge members, precast, prestressed concrete bridge members, structural components for rest areas, compressors, pumps, sewage treatment plants, water treatment plants, and materials related thereto. The items of special manufacture which have been agreed upon by the Engineer and the contractor shall be ordered by the contractor promptly so that they will be availabl e as required and will not delay the work. TABLE OF CONTENTS INDEX The contractor shall advise the Engineer about the dates of the orders and the dates that the items are expected to be received.
106.03 Blank :
106.04 Tests and Acceptance of Material:
A.General: All materials will be inspected, tested and approved by the Engineer prior to incorporation in the work. Any work in which materials not previously approved are used shall be performed at the contractor's risk and may be considered as unauthorized and unacceptable and not subject to the payment provisions of the contract. Unless otherwise specified in the contract documents, materials will be sampled and tested by a qualified representative of the Department. Copies of all test results will be furnished to the contractor's representative at the contractor's request. Any laboratory performing sampling and testing for an ADOT project shall be open to unrestricted access for inspection and review by the Department. The laboratory shall provide an adequate amount of enclosed space and be supplied with the proper equipment, facilities, and utilities so that the required testing procedures can be performed. It shall have adequate lighting, ventilation, and means of ingress and egress. The laboratory shall be equipped with heating and cooling equipment capable of maintaining an ambient air temperature of 68 to 78 degrees F. The laboratory and all equipment and facilities therein shall be kept clean and maintained in good working order. The sampling , testing , and acceptance of materials shall be in accordance with the requirements of the specification, in conjunction with the following :
1.The ADOT Materials Testing Manual .
2.The ADOT Materials Practice and Procedure Directives Manual .
3.Applicable Federal, AASHTO, or ASTM specifications or test designations.
4.Applicable specifications or test designations of other nationally recognized organizations. Unless otherwise specified, whenever a reference is made to an Arizona Test Method or an ADOT Material s Practice and Procedure Directive (PPD) , it shall mean the test method or PPD in effect on the bid opening date. TABLE OF CONTENTS INDEX Any reference to the ADOT Materials Policy and Procedure Directives elsewhere in the contract documents shall be understood to mean ADOT Materials Practice and Procedure Directives. Unless otherwise specified, whenever a reference is made to a Federal, AASHTO, or ASTM specification or test designation, or to a specification or test designation of other nationally recognized organizations, it shall mean the specification or test designation in effect on the bid opening date.
B.Contractor Quality Control: The contractor is responsible for quality control measures necessary to provide acceptable quality in the production, handling, and placement of all materials. Except as specified below, no payment will be made for such measures, the cost being considered as included in contract it ems. Certain construction items may require additional quality control measures, as specified in Subsection 106.04(C) of the specifications. When so specified, the contractor shall provide all the personnel, equipment, materials, supplies, and facilities necessary to obtain samples and perform the tests listed in the applicable section and as given herein in Subsection 106.04(C) of the specifications. Specific contractor quality control requirements will be shown in the applicable construction items. Paym ent for such additional work shall be in accordance with the requirements of the Contractor Quality Control Item included in the Special Provisions. When the specifications do not require specific contractor quality control measures, the provisions given in Section 106.04(C) of the specifications do not apply. The Contractor Quality Control Item will not be included in the Special Provisions
C.Specific Contractor Quality Control Measures:
1.General: At the preconstruction conference, the contractor shall designate a qualified employee as Quality Control Manager to be responsible for implementing, monitoring and, as necessary, adjusting the processes to assure acceptable quality. The quality control m anager shall be a full time employee of the contractor, and shall be on the project site during all construction activities. Also at the preconstruction conference, the contractor shall be prepared to discuss his understanding of the quality control responsibilities for the specified materials. When requested by the contractor, the Department will engage in testing of materials for the purpose of correlating the contractor's test results to those of the Department's acceptance laboratory. TABLE OF CONTENTS INDEX
2.Quality Control Laboratory: All field and laboratory sampling and testing shall be performed by a laboratory or laboratories approved by the Department. The requirements for approval of laboratories are specified in the “System for the Evaluation of Testing Laboratories” directive. Approved laboratories, and the test methods for which they are approved to perform, are listed in the “ ADOT Accredited Laboratories” directory. Approved test methods listed in the “ ADOT Accredited Laboratories” directory do not include field sampling and testing procedures. When field sampling and testing procedures are performed, the appropriate valid ATTI or ACI certification(s) are required. The “ System for the Evaluation of Testing Laboratories” directive and the “ADOT Accredited Laboratories” directory may be obtained on the Department’s website. The Engineer will promptly advise the contractor in writing of any noted deficiencies concerning t he laboratory facility, equipment, supplies, or sampling and testing personnel and procedures.
3.Quality Sampling and Testing Supervisor: The contractor shall designate a Quality Sampling and Testing Supervisor(s) who is responsible to supervise the s ampling and testing, and who meets the requirements given in Table 106- 1 for the specific material on which sampling and testing is being performed. The Quality Sampling and Testing Supervisor(s) shall be an employee of the contractor or a consultant engaged by the contractor, and may be responsible for supervising the sampling and testing on more than one project. The Quality Sampling and Testing Supervisor(s) shall be able to be at the job site within 24 hours from any point in time. Additional information regarding Quality Sampling and Testing Supervisor certification can be obtained from the ADOT Materials Group, Quality Assurance Section, 1221 North 21st Avenue, Phoenix, Arizona 85009. TABLE 106 -1 QUALITY SAMPLING AND TESTING SUPERVISOR REQUIREMENTS Soils and Aggregate Field Laboratory Arizona Technical Testing Institute (ATTI) “Field” certification plus one of ( A) through ( G) below. Arizona Technical Testing Institute (ATTI) “Laboratory Soils/Aggregate” certification plus one of ( A) through ( G) below. Asphaltic Concrete Field Laboratory Arizona Technical Testing Institute (ATTI) “Field” certification plus one of ( A) through ( G) below. Arizona Technical Testing Institute (ATTI) “Asphalt” certification plus one of ( A) through ( G) below. TABLE OF CONTENTS INDEX TABLE 106 -1 QUALITY SAMPLING AND TESTING SUPERVISOR REQUIREMENTS Concrete Field Laboratory American Concrete Institute (ACI) “Concrete Field Testing Technician Grade I” certification plus one of ( A) through ( G) below. American Concrete Institute (ACI) “Concrete Strength Testing Technician” certification plus one of ( A) through ( G) below. Notes:
A.Professional Engineer, registered in the State of Arizona, with one year of highway materials sampling and testing experience acceptable to the Department.
B.Engineer -In-Training, certified by the State of Arizona, with two years of highway materials sampling and testing experience acceptable to the Department.
C.Obtained a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology, Construction, or related field acceptable to the Department; and with three years of highway materials sampling and testing experience acceptable to the Department.
D.Certified by the National Institute for Certification in Engineering Technologies (NICET) in the Construction Materials T esting field as an Engineering Technician (Level III) or higher in the appropriate subfield in which sampling and testing is being performed.
E.Certified by NICET in the Transportation Engineering Technology field as an Engineering Technician (Level III) or higher in the Highway Materials subfield.
F.Certified by NICET as an Engineering Technician, or higher, in Civil Engineering Technology with five years of highway materials sampling and testing experience acceptable to the Department.
G.An individual with eight years of highway materials sampling and testing and construction experience acceptable to the Department.
4.Quality Sampling and Testing Technician: Quality Sampling and Testing Technicians who perform the actual sampling and testing shall meet the requirements given in Table 106- 2 for the specific material on which sampling and testing is being performed. Quality Sampling and Testing Technicians shal l be employees of the Quality Control Laboratory and be supervised by a qualified Quality Sampling and Testing Supervisor for the specific material on which sampling and testing is being performed. Additional TABLE OF CONTENTS INDEX information regarding Quality Sampling and Testing Technician certification can be obtained from the ADOT Materials Group, Quality Assurance Section, 1221 North 21st Avenue, Phoenix, Arizona 85009. TABLE 106 -2 QUALITY SAMPLING AND TESTING TECHNICIAN REQUIREMENTS Soils and Aggregate Field Laboratory Arizona Technical Testing Institute (ATTI)“Field” certification. Arizona Technical Testing Institute (ATTI)“Laboratory Soils/Aggregate” certification. Asphaltic Concrete Field Laboratory Arizona Technical Testing Institute (ATTI)“ Field” certification. Arizona Technical Testing Institute (ATTI) “Asphalt” Certification. Concrete Field Laboratory American Concrete Institute (ACI) “Concrete Field Testing Technician Grade I” certification. American Concrete Institute (ACI) “Concrete Strength Testing Technician” certification.
5.Records: The Quality Control Laboratory shall maintain all sampling and testing records and supporting documentation used in the preparation of the Weekly Quality Control Report. Upon request, the contractor shall make those records and supporting documentation available to the Department for review and copying as desired. Linear control charts shall be maintained by the contractor. Control charts shall be posted in a location satisfactory to the Engineer and shall be kept up to date at all times. As a minimum, the control charts shall identify the project number, the contract item number, the test number, each test parameter, the upper and/or lower specification li mit applicable to each test parameter, and the contractor's test results. The contractor shall use the control charts as part of a process control system for identifying production and equipment problems and for identifying potential pay factor reductions before they occur.
6.Weekly Quality Control Reports: The contractor shall submit Weekly Quality Control Reports to the Engineer. The weekly reports shall be complete and accurate, and shall state the types of work, which have been performed during the report period. The report shall also include the process control measures taken to assure quality. The report shall provide sample identification information for materials tested during the report period, including sample number, date sampled, sample location, first and last name of the person obtaining the sample, and original source of material. The report shall also provide the results for all required tests and any TABLE OF CONTENTS INDEX retests, corrective actions, and other information relevant to quality control. The report shall include daily diaries for each day of testing, a weekly summary, the project number, and the testing laboratory’s project identification number. Except as stated in the following paragraph, the weekly quality control report shall be prepared using standard forms provided by the Depar tment. The standard forms are available on the Department's website at www.azdot.gov. After accessing the Department’s website, select “Business”, “Engineering and Construction”, “Construction and Materials”, “Contractor Information”, “Forms and Document s”, and then “Weekly Quality Control Forms”. Except for the daily diaries, all documentation and information required on the forms shall be typed. Daily diaries may be hand- written if acceptable to the Engineer. The weekly report shall be submitted to t he Engineer in paper form with a transmittal letter signed by the contractor’s quality control manager. In lieu of using the standard weekly quality control forms available on the Department’s website, the contractor or testing laboratory may prepare the w eekly report using proprietary or other software, if acceptable to the Engineer, provided that all required information is included, the format is comparable to the Department’s standard format, and the report is submitted in paper form with the required t ransmittal letter. The report period shall end at midnight of each Friday, and the report shall be submitted to the Engineer no later than 5:00 p.m. of the following Wednesday. The Engineer will verify that the report is timely, complete, and accurate Reports that are not submitted by the above- referenced deadline shall be considered delinquent . Reports that are submitted by the above- referenced deadline, but are not complete and accurate, shall also be considered delinquent. In either case, monies shall be deducted from the contractor’s monthly estimate in accordance with the requirements for Contractor Quality Control, as specified in the Special Provisions.
106.05 Certificates:
A.General: The contractor shall submit to the Engineer an original or copy of either a Certificate of Compliance or a Certificate of Analysis, as required, prior to the use of any materials or manufactured assemblies for which the specifications require that such a certificate be furnished. Certificates shall be specifically identified as either a "Certificate o f Compliance" or a "Certificate of Analysis". The Engineer may permit the use of certain materials or manufactured assemblies prior to, or without, sampling and testing if accompanied by TABLE OF CONTENTS INDEX a Certificate of Compliance or Certificate of Analysis, as herein specified. Materials or manufactured assemblies for which a certificate is furnished may be sampled and tested at any time, and, if found not in conformity with the requirements of the plans and the specifications, will be subject to rejection, whether in place or not. Certificates of Compliance and Cer tificates of Analysis shall comply with the requirements specified herein, the ADOT Materials Testing Manual, and applicable ADOT Materials Practice and Procedure Directives.
B.Certificate of Compliance: A Certificate of Compliance shall be submitted on the manufacturer’s or supplier’s official letterhead, and shall contain the following information:
1.The current name, address, and phone number of the manufacturer or supplier of the material .
2.A description of the material supplied.
3.Quantity of material represented by the certificate (excluding quantities for temporary traffic control devices) .
4.Means of material identification, such as label, lot number, or marking .
5.A statement that the material complies in all respects with the requirements of the cited specifications. Certificates shall state compliance with the cited specification, such as AASHTO M 320, ASTM C494 ; or specific table or subsection of the specifications. Certificates may cite both, if applicable.
6.A statement that the individual identified in item seven below has the legal authority to bind the manufacturer or the supplier of the material .
7.The name, title, and signature of the responsible individual . The date of the signature shall also be given. Each of the first six items specified above shall be completed prior to the signing of the certificate as defined in item seven. No certificate will be accepted that has been altered, added to, or changed in any way after the authorized signature has been affixed to the original certificate. However, notations of a clarifying nature, such as project number, contractor, or quantity shipped are acceptable, provided the basic requirements of the certificate are not affected. TABLE OF CONTENTS INDEX A copy or facsimile reproduction of the original certificate will be acceptable; however, the original certificate shall be made available upon request.
C.Certificate of Analysis: A Certificate of Analysis shall include all the information required in a Certificate of Compliance and, in addition, shall include the results of all tests required by the specifications.
106.06 Inspection of the Plant:
The Engineer may undertake the inspection of materials at the source. In the event plant inspection is undertaken, the Engineer shall have the cooperation and assistance of the contractor and the producer with whom the contractor has contracted for materials, and the Engineer shall have full entry at all times to such parts of the plant as may be involved in the manufacture or production of the materials being furnished. Adequate safety measures shall be provided and maintained. The Department reserves the right to retest all materials which have been tested and accepted at the source of supply after the same have been delivered and prior to incorporation into the work and to reject all materials which, when retested, do not meet the requirements of the specifications.
106.07 Sampling Device:
All secondary crushers and screening plants used in producing material shall be equipped with a mechanical sampling device or devices that can either be operated from the ground or is accessible to the operator on a platform. These devices shall be constructed and operated so that they will move at a constant rate across the full width of material and collect a representative sample of the falling column of material from the discharge belt or chute while the plant is in operation. The sampling devices shall be substantially constructed so that a sample weighing up to 100 pounds can be taken. The sampling devices shall be equipped with necessary attachments to convey the samples to the ground so that they can be safely and conveniently collected. The sampling devices shall be approved by the Engineer and shall be maintained in a satisfactory working condition so that samples m ay be taken at any time, as required by the Engineer. TABLE OF CONTENTS INDEX
106.08 Proprietary Products, Trade Names and
Substitutions: The contract may contain references to equipment, materials or patented processes by manufacturer, trade name, make, or catalog number. Such references shall be regarded as establishing a standard of quality, finish, appearance or performance or as indicating a selection based upon compatibility with existing equipment or materials and shall not be construed as limiting selection to a specific item or source. The use of an alternative or substitute article of equipment, material or process which, for the purpose intended, is of equal quality, finish, appearance, or performance and which is compatible with existing equipment and materials, when required, will be permitted, subject to the following conditions:
A.No consideration will be given to a request for substitution prior to contract award. After award and in time to permit consideration and approval without delaying work, the contractor shall submit a written request for substitution.
B.A request for substitution shall include all information necessary for proof of equality and suitability for substitution, including samples for testing, if required. The request for substitution shall meet the stipulations set forth in Subsection 104.13 of the specifications for Value Engineering Proposals.
C.The Department will evaluate the information submitted, perform tests when necessary and make comparison. The Engineer will then make the final decision as to acceptability of the proposed substitution. The Department will neither be liable for any delay in acting upon any request for substitution nor for any failure to accept any request pursuant to this substitution.
106.09 Storage of Materials:
Materials shall be so stored as to insure 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 for this purpose shall be provided by the contractor at no additional cost to the Department. Private property shall not be used for storage purposes without written permission of the owner and lessee and, if requested by the Engineer, copies of such written permission shall be furnished to the Engineer. All storage sites shall be re stored to their original condition by the contractor at no TABLE OF CONTENTS INDEX additional cost to the Department. This shall not apply to the stripping and storing of topsoil or to other materials salvaged from the work.
106.10 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 l oading and measuring in order that there may be no inconsistencies in the quality and quantit y of materials as loaded and intended for incorporation into the work and the quality and quantit y of materials as actually received at the place where they are to be incorporated into the work.
106.11 Unacceptable Materials:
Material not conforming to the requirements of the specifications, whether in place or not, will be rejected and shall be promptly removed from the site of the work, unless otherwise directed by the Engineer. No rejected material, the defects of which have been corrected, shall be returned to the work sit e until such time as approval for its use has been given by the Engineer.
106.12 Department -Furnished Material:
The contractor shall furnish all materials required to complete the work, except those specified to be furnished by the Department. Material furnished by the Department will be delivered or made available to the contractor as specified in the Special Provisions. The contractor shall receive, inventory, store, inspect, protect, distribute, and install Department furnished material unless otherwise specified in the Special Provisions. 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 it. Deductions will be made from any monies due it to make good any shortages or deficiencies, from any cause whatsoever and for any damage which may occur after such delivery, and for any late delivery charges. TABLE OF CONTENTS INDEX SEC TION 106
106.13 Warranties and Guaranties:
The contractor shall obtain such manufacturer's or producer's warranties or guaranties on all items, materials, electrical or mechanical equipment consistent with those provided as customary trade practice. The form in which such warranties or guaranties are delivered to the contractor shall include the provision that they are subject to transfer to the maintaining agency as named by the Department, and shall be accompanied by proper validation of such fact. Transfer of warranties or guaranties shall occur at the time of final acceptance of the work or equipment by the Department. In addition, a contractor warranty or guaranty shall be furnished providing for satisfactory in service operation of the mechanical and electrical equipment and related components for a period of six months following project acceptance. Should any defect develop during this six month period, the malfunction or defect shall be corrected by and at the expense of the contractor, including all labor, material and associated costs.
106.14 Approved Products List:
The Approved Products List is a list of products which have been shown to meet the requirements of these Standard Specifications. The Approved Products List is maintained by the Department and updated monthly. Copies of the most current version are available on the internet from the ADOT Research Center, through its Product Evaluation Program. The contra ctor shall verify that any products chosen for use from the Approved Products List are selected from the version which was most current at the time of the bid opening. Unless otherwise specified in the Special Provisions, products not appearing on the Approved Products List at the time of the bid opening may be used if they meet the requirements of the contract documents. When the Special Provisions limit product selection to only those listed on the Approved Products List, unlisted products will be con sidered as a possible equal only if they are submitted for evaluation as follows:
A.No consideration will be given to a request for approval of an unlisted product prior to contract award. After award, and in time to allow for consideration and testing wit hout delaying work, the contractor shall submit a written request for approval of a new product .
B.If the contractor wishes to propose multiple products, separate written requests shall be submitted for each TABLE OF CONTENTS INDEX product. All requests must be received within the timeframes specified herein.
C.The contractor’s progress schedule shall indicate when the proposed product is to be used on the project. The schedule shall include time for the Department to evaluate the proposed product and shall demonstrate that there will be no impacts to the critical path. If, in the opinion of the Engineer, the schedule shows th at the evaluation and approval timeframe of the proposed product is not reasonable, the Department will not consider the proposed product .
D.A request for the use of an unlisted product shall include all information necessary to determine that a product is a n equal, including samples for testing, if required. Unlisted products will not be entertained as Value Engineering (VE) Proposals.
E.The Department will evaluate the information submitted, perform tests when necessary and make comparison. The Engineer wil l then make the final decision as to whether the proposed product is an equal. The Department will neither be liable for any delay in acting upon any request nor for any failure to approve a request pursuant to the use of an unlisted product. The Department will review the contractor’s request for the use of an unlisted product within 21 days of the contractor’s submittal and inform the contractor in writing if the request is rejected, approved, or if the Department will take additional time for evaluation and testing. Any additional information needed to evaluate the proposed substitute product shall be submitted in a timely manner. Untimely submittals of additional information shall result in rejection of the proposed substitute product. The contractor shall not be entitled to additional compensation or an extension of contract time resulting from the Department’s acceptance or rejection of a proposed product. Bid prices shall not to be based on the anticipated approval of a proposed product.
106.15 Blank :
106.16 Salvaged Asphaltic Concrete Materials:
The contract may include mandatory uses and optional uses for reclaimed asphalti c concrete (RAP). Mandatory uses may include milled asphaltic concrete for shoulder build -up, or for other project -specific items. Optional uses for RAP, when allowed in the contract, include asphaltic concrete, aggregate bases, and aggregate subbases. TABLE OF CONTENTS INDEX
Source: Arizona Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages – of 1,296.