106.01 106-1 SECTION 106 CONTROL OF MATERIALS
106.01 Source of Supply and Quality Requirements. All materials used shall meet all quality
requirements of the Contract. The Contractor shall comply with the requirements of the special notice to contractors contained in the Department’s Field Materials Manual, including notifying the Engineer of the proposed sources of materials at least two weeks before delivery. When alternative materials are permitted for an item in the Contract, the Contractor shall state at the Pre -construction Conference the material that will be furnished for that item. Reference in the Contract to a particular product or to the product of a specific manufacturer, followed by the phrase “or approved equal”, is intended only to establish a standard of quality, durability, and design, and shall not be construed as limiting competition. Products of other manufacturers will be acceptable provided such products are equal to that specified. All suppliers who provide one or more of the following elements in which the cost exceeds $10,000 shall create an account in the B2GNow software system.
a.Fabrication of material
b.Processing of materials
c.Delivery service cost of the material delivered to the project. If the supplier does not have an account created, approval of the Form 1425 may be withheld. The Contractor shall submit a completed Form 1425 for each direct supplier that meets the $10,000 criteria outlined above via the B2GNow software system. The Form 1425 shall be submitted to the Engineer before beginning work on the project, incorporating materials into the project or at such time that the $10,000 amount is known to be exceeded. If an individual, firm, or corporation is responsible for the installation of supplies, a Form 205 shall be required for the subcontractor. The supplier shall notify the Contractor if an individual spends more than 20 percent of their workweek performing actual construction work such as installation, repair or warranty work, on the site of work as that would require the submission of a Form 205 and certified payrolls. During the performance of the project, the Contractor shall submit an updated Form 1425 if information changes. Each subcontractor or supplier at any tier meeting the $10,000 requirement above shall submit a Form 1425 to the Contractor, who will then submit it to the Department. The Contractor shall submit the subcontractor’s Form(s) 1425 with Form 205 (if any) to t he Engineer before the subcontractor/supplier beginning any work on the project, incorporating materials into the project, or at such time the $10,000 amount is known to be exceeded. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments.
106.02 Material Sources . Where practicable, borrow pits, gravel pits, and quarry sites shall
be located so that they will not be visible from the highway. 106.02 106-2 (a) Available Source. When the Contract shows a location that may be used by the Contractor as a source of sand, gravel, or borrow material, the location will be known as an available source . The Department will have an agreement with the property owner that allows removal of material under certain conditions and for a stated price. Conditions of this agreement that concern use of this material on the project and pit construction and reclamation requirements for the available source will be included in the Contract. The Contract will indicate whether the Department has or has not obtained the necessary County or City Zoning Clearance and the required permit from Colorado Department of Natural Resources needed to explore and remove materials from the available source . If the Department did not obtain the necessary clearances or permits, the Contractor shall obtain them. Any delays to the project or additional expenses that are incurred while these clearances or permits are being obtained shall be the responsibility of the Contractor. The Contractor shall ensure that the requirements of the permits do not conflict with the pit construction and reclamation requirements shown in the Contract for the available source. The Department will investigate and obtain samples from the various available sources. These samples are not intended to indicate the full extent and composition of an entire deposit. These samples will be tested by the Department and may be combined with various materials such as mineral fillers and additives for further testing, especially for testing aggregate sources to obtain a satisfactory design mix. The Contract will show the location of the test holes where samples were obtained, test results, and amounts and kinds of any added materials utilized in the testing to obtain a satisfactory product. If the Contractor uses an available source, all material shall meet contract specifications. The Department will not be responsible for the material as produced by the Contractor. All costs of producing specification material shall be borne by the Contractor.
b.Contractor Source . Sources of sand, gravel, or borrow other than available sources will be known as contractor sources. The contractor source will be tested by the Department and approved by the Engineer before incorporation of the material into the project. If the submitted materials do not meet the contract specifications it will become the Contractor's responsibility to re- sample and test the material. The Contractor shall supply the Department with passing test results from an AASHTO accredited laboratory electronically sealed by a Professional Engineer. If requested by the Engineer, the Department will then re -sample and re -test the material for compliance to the contract specifications. The Contractor shall produce material that meets contract specifications throughout construction of the project. The cost of sampling, testing , and corrective action by the Contractor will not be paid for separately but shall be included in the work. The Contractor shall obtain all permits and agreements necessary to explore and remove material from a contractor source. The Contractor shall also be responsible for any costs or delays associated with obtaining these permits and agreements. For each source of imported embankment or topsoil the Contractor shall provide the following certification. The Contractor shall assure and certify that unacceptable levels of hazardous waste and substances; including but not limited to those defined in th e Code of Federal Regulations (CFR) , 40 CFR Part 261 Subparts C and D, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 101(14) as amended; are not incorporated into the project as a result of 106.03 106-3 importing embankment or topsoil materials. For each contractor source outside of the project limits, the Contractor shall submit such certification to the Engineer, signed by either a Certified Industrial Hygienist (CIH), Certified Hazardous Materials Manager (CHMM), Certified Safety Professional (CSP), or Registered Environmental Manager (REM) or electronically sealed by a registered Professional Engineer (PE). If contractor source material for embankment or topsoil, originating outside of the project limits, is placed on the project and is at any time found to be contaminated with unacceptable levels of hazardous waste or substances, the Contractor shall remove the contaminated material from the Department’s right of way, dispose of it per applicable laws and regulations, and make necessary restoration. The cost of complying with these requirements, including sampling, testing , and corrective action by the Contractor, shall be included in the work.
106.03 Samples, Tests, Cited Specifications. All materials or the finished product where the
materials are used, will be inspected and tested by the Engineer, or by others if specified in the Contract. The Engineer will furnish copies of test results that indicate out of specification material, to the Contractor, promptly as the test results becom e available. Acceptance will be based on the applicable requirements of Section 105. Any work where untested and uninspected materials are used shall be performed at the Contractor’s risk and may be considered as unacceptable and unauthorized work. Unless otherwise designated, when AASHTO, ASTM, or other specifications, standards, or policies are cited, the reference shall be to the latest edition as revised or updated by approved supplements or interim editions published and issued before the date of advertisement for bids. Sampling and testing will be done per the Department’s minimum sampling, testing, and inspection schedule; the special notice to contractors; and the Colorado procedures; all contained in the Department’s Field Materials Manual. Where the method of test is not cited, the applicable procedure shall be per the Standard AASHTO Method that was current on the date of advertisement for bids. Samples will be taken by the Department except that the Contractor shall take samples of Portland Cement Concrete per CP 61; asphalt cement, per AASHTO T 40; hot mix asphalt per CP 41; and a composite of aggregates for hot asphalt mixtures per CP 30. The Engineer will determine the sampling locations, and the samples shall be taken in the presence of the Engineer. The Contractor may retain a split of each sample. All materials being used are subject to inspection and testing at any time before or during incorporation into the work. Tests will be made by and at the expense of the Department.
106.04 Qualification of Testing Personnel and Laboratories . Personnel performing tests used
in mix design or the acceptance, rejection, or price adjustment decision, and the laboratories where those tests are performed, shall be qualified per Colorado Procedure 10.
106.05 Sampling and Testing of Hot Mix Asphalt. All HMA, Item 403, except HMA (Patching)
and temporary pavement shall be tested per the following program of process control testing and acceptance testing: 106.05 106-4 (a) Process Control Testing . The Contractor shall be responsible for process control testing on all elements listed in Table 106 -1. Process control testing shall be performed at the expense of the Contractor. The Contractor shall develop a process control plan (PCP) per the following:
1.Process Control Plan. For each element listed in Table 106 -1, the PCP must provide adequate details to ensure that the Contractor will perform process control. The Contractor shall submit the PCP to the Engineer at the Pre -construction Conference. The C ontractor shall not start any work on the project until the Engineer has approved the PCP in writing.
A.Frequency of Tests or Measurements. The PCP shall indicate a random sampling frequency, which shall not be less than that shown in Table 106 -1. The process control tests shall be independent of acceptance tests.
B.Worksheets, Forms, and Charts. The Contractor shall submit examples of worksheets, test result forms, and test results charts per CP 12 as part of the PCP.
C.Test Result Chart. Each process control test result, the appropriate tonnage and the tolerance limits shall be plotted. For in place density tests, only results after final compaction shall be shown. The chart shall be posted daily at a location convenien t for viewing by the Engineer.
D.Quality Level Chart. The Quality Level (QL) for each element used to calculate incentive or disincentive in Table 106 -1 and each required sieve size shall be plotted. The QL will be calculated per the procedure in CP 71 for Determining Quality Level (QL). The QL will be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter the last five consecutive test results. The tonnage of material represented by the last test result shall correspond to the QL. For in plac e density tests, only results after final compaction shall be shown. The chart shall be posted daily at a location convenient for viewing by the Engineer.
2.Elements Not Conforming to Process Control. The QL of each discrete group of five test results, beginning with the first group of five test results, shall be a standard for evaluating material not conforming to process control. When the group QL is below 65, the process shall be considered as not conforming to the PCP. In this case, the Contractor shall take immediate action to bring the process back into control. Except where the cause of the problem is readily apparent and corrected without delay, production shall be suspended until the source of the problem is determined and corrected. A written explanation of actions taken to correct control problems shall accompany the test data and be submitted to the Engineer on the day the actions are taken.
3.Point of Sampling. The material for process control testing shall be sampled by the Contractor using approved procedures. Acceptable procedures are Colorado Procedures, AASHTO and ASTM. The order of precedence is Colorado Procedures, AASHTO procedures and then ASTM procedures. The location where material samples will be taken shall be indicated in the PCP.
4.Testing Standards. The PCP shall indicate which testing standards will be followed. Acceptable standards are Colorado Procedures, AASHTO and ASTM. The order of precedence is Colorado Procedures, AASHTO procedures and then ASTM procedures. 106.05 106-5 5. Testing Supervisor Qualifications. The person responsible for the process control sampling and testing shall be identified in the PCP and be qualified according to the requirements of CP 10
6.Technician Qualifications. Technicians taking samples and performing tests must be qualified according to the requirements of CP 10.
7.Testing Equipment. All of the testing equipment used to conduct process control testing shall conform to the standards specified in the test procedures and be in good working order. Nuclear testing devices used for process control testing of in -place den sity do not have to be calibrated on the Department’s calibration blocks.
8.Reporting and Record Keeping. The Contractor shall report the results of the process control tests to the Engineer in writing at least once per day. The Contractor shall assemble a process control (PC) notebook and update it daily. This notebook shall contain all worksheets, test results forms, test results charts and quality level charts for each of the elements listed in Table 106 -1. The Contractor shall submit the PC notebook to the Engineer for review once a month on the date agreed to at the Pre- Paving Conference. The PC notebook will be returned to the Contractor within one working day after submittal. The Engineer will notify the Contractor in writing of any deficiencies in the PC notebook, including the failure to submit the notebook on time or an absence of the required reports. Upon the second failure to submit the complete PC notebook on time or with an absence of the required reports, the Engineer will notify the Contractor, and the pay estimate will be withheld until the Contractor submits, in writing, a report detailing the cause for the failure to submit the complete PC notebook on time or the cause for the absence of required reports. The report shall include how the Contractor plans to resolve the failures. Additional failures to submit the PC notebook on time or absent the required reports will result in a delay of the pay estimate until the Contractor has identified and resolved the failure along with revising and resubmitting his PCP to address these issues. Once the Engineer has reviewed and approved the revised PCP the estimate may be paid. Upon submittal of the PC notebook for the semi -final estimate, the PC notebook shall become the property of the Department. The Contractor shall make provisions such that the Engineer can inspect process control work in progress, including PC notebook, sampling, testing, plants, and the Contractor’s testing facilities at any time.
b.Acceptance Testing. Acceptance testing is the responsibility of the Department and shall not be addressed in the PCP. The Department will determine the locations where samples or measurements are to be taken. The maximum quantity of material represented by each test result and the minimum number of test results will be per Table 106- 1. The location or time of sampling will be based on a stratified random procedure as described in CP 75. Acceptance sampling and testing procedures will be per the Schedul e for Minimum Materials Sampling, Testing and Inspection in the Department’s Field Materials Manual. Samples for project acceptance testing shall be taken by the Contractor per the designated method. The samples shall be taken in the presence of the Engineer. Where appropriate, the Contractor shall reduce each sample to the size designated by the Engineer. The Contractor may retain a split of each sample which cannot be includ ed as part of the PCP. If the Contractor elects to question the Hot Mix Asphalt (HMA) acceptance test results, the steps outlined in CP 17 shall be followed. The results from the CP 17 resolution process shall be binding on both the Department and the Contractor. Requests for CP 17 106.05 106-6 process for all elements except density shall be submitted in writing to the Engineer within 5 workdays from the date the Contractor receives acceptance test data from the Engineer. The specific element questioned shall be identified in writing. All requests for the CP 17 process for the density element shall be submitted in writing to the Engine er within 24 hours of receiving test data from the Engineer. The Contractor shall choose either the CDOT Materials and Geotechnical Branch or a consultant laboratory not associated with the project to perform the third -party testing. The Contractor shall document his choice in writing at the Pre- Paving Conference. If a consultant laboratory is chosen, the CDOT Materials and Geotechnical Branch will determine the consultant that will be used from a pre- established list and ensure there is no conflict of interest. If third party testing is required, the responsibility for the testing expenses shall be assigned per CP 17. The costs for testing are shown in CP 17, Table 17 -2. All materials being used are subject to inspection and testing at any time prior to, during, or after incorporation into work. Acceptance tests will be made by and at the expense of the Department, except when otherwise provided.
c.Check Testing Program (CTP). Prior to, or in conjunction with, placing the first 500 tons of asphalt pavement, under the direction of the Engineer, a CTP will be conducted between acceptance testing and process control testing programs. The CTP will consist of testing for asphalt con tent, theoretical maximum specific gravity, HMA 4.75 mm (#4) sieve, HMA 2.36 mm (#8) sieve, HMA 0.075 mm (#200) sieve, in -place density, and joint density per CP 13. If the Contractor intends to test to determine air voids and VMA, check testing for these tests is recommended. The CTP will be continued until the acceptance and process control tests are within the acceptable limits shown in Table 13 - 1 of CP 13. For joint density, the initial check test will be a comparison of the seven cores tested by CDOT and the seven cores tested by the Contractor. These are the cores from the compaction test section used for nuclear gauge calibration and test section payment. During production, a split sample check will be conducted at the frequency shown in Table 106- 1. Except for joint density, the split samples will be from an acceptance sample obtained per subsection 106.05(b). The acceptance test result will be compared to the process control test result obtained by the Contractor using the acceptable limits shown in Table 13 -1 of CP 13. For joint density, the comparison sample for testing by the Contractor will be obtained by taking a second core adjacent to the joint density acceptance core. The acceptance test result will be compared to the process control test result obtained by the Contractor using the acceptable limits as shown in Table 13 -1 of CP 13 and following the check testing procedure given in CP 13. If production has been suspended and then resumed, the Engineer may order a CTP between process control and acceptance testing persons to assure the test results are within the acceptable limits shown in Table 13 -1 of CP 13. Check test results shall not be included in process control testing. The Region Materials Engineer shall be called upon to resolve differences if a CTP shows unresolved differences beyond the values shown in Table 13 -1 of CP 13.
d.Stability Verification Testing. After the mix design has been approved and production commences, the Department will perform a minimum of three stability verification tests to verify that the field produced HMA conforms to the approved mix design: 106.05 106-7 The test frequency shall be one per day unless otherwise directed by the Engineer. The test results will be evaluated, and the Contractor shall make adjustments if required per the following:
1.The minimum value for stability will be the minimum specified in Table 403 -1 of the specifications. There will be no tolerance limit.
2.Quality Level. Calculate a QL for stability. If the QL for stability is less than 65, then production shall be halted, and the Contractor shall submit a written proposal for a mix design revision to the Engineer. The Engineer shall give written approval to the proposed mix design revision before production continues. After a new or revised mix design is approved, three additional stability tests will be performed on asphalt produced with the new or revised mix design. The test frequency shall be one per day unless altered by the Engineer. If the stability QL is less than 65, then production shall be halted until a new mix design has been completed and approved using plant produced material or the Contractor shall submit a written proposal for a mix design revision to the Engineer. The Engin eer shall give written approval to the proposed mix design revision before production continues.
3.New or Revised Mix Design. Whenever a new or revised mix design is used and production resumes, three additional stability field verification tests shall be performed, and the test results evaluated per the above requirements. The test frequency shall be one per day unless altered by the Engineer.
4.Field Verification Process Complete. When the field verification process described above is complete and production continues, the sample frequency will revert back to 1 per 10,000 tons.
e.Mix Verification Testing. After the mix design has been approved and production commences, the Department will perform a minimum of three volumetric verification tests for each of the following elements to verify that the field produced Hot Mix Asphalt (HMA) conforms to the appro ved mix design:
1.Air Voids.
2.Voids in Mineral Aggregate (VMA) .
3.Asphalt Content (AC). The test frequency shall be one per day unless altered by the Engineer. The test results will be evaluated, and the Contractor shall make adjustments if required per the following:
1.Target Values. The target value for VMA will be the average of the first three volumetric field test results on project produced hot mix asphalt or the target value specified in Table 403- 1 and Table 403- 2 of the specifications, whichever is higher. The t arget value for VMA will be set no lower than 0.5 percent below the VMA target on Form 43 prior to production. The target values for the test element of air voids and AC shall be the mix design air voids and mix design AC as shown on Form 43.
2.Tolerance Limits. The tolerance limits for each test element shall be: AC ± 0.3 percent Air Voids ± 1.2 percent VMA ± 1.2 percent 106.05 106-8 3. Quality Levels. Calculate an individual QL for each of the elements using the volumetric field verification test results. If the QL for VMA or AC is less than 65 or if the QL for air voids is less than 70, the production shall be halted, and the Contractor shall submit a written proposal for a mix design revision to the Engineer. Production shall only commence upon receipt of written approval from the Engineer of the proposed mix design revision. After a new or revised mix design is approved, three additional volumetric field verification tests will be performed on asphalt produced with the new or revised mix design. The test frequency shall be one per day unless altered by the Engineer. If the QL for VMA or AC is less than 65 or the QL for the test element of air voids is less than 70, then production shall be halted until a new mix design has been completed per CP 52 or CP 54, a new Form 43 issued, and the Contractor demonstrates that he is capable of producing a mixture meeting the verification requirements per A or B below:
A.The Contractor shall produce test material at a site other than a CDOT project. The Contractor shall notify the Engineer a minimum of 48 hours’ notice prior to the requested test. The location and time of the test are subject to the approval of the Engineer, prior to placement. Three samples will be tested for volumetric properties. If the QL for VMA or AC is equal or greater than 65 and the QL for the element of air voids is equal or greater than 70, full production may resume ; or
B.The Contractor may construct a 500- ton test strip on the project. Three samples in the last 200 tons will be tested for volumetric properties. After construction of the test section, production shall be halted until the testing is complete and element QLs are calculated. If the QL for VMA o r AC is equal to or greater than 65 or the QL for the element of air voids is equal to or greater than 70, full production may resume. If the QL for VMA or AC is less than 65 or the QL for the element of air voids is less than 70, the material shall be removed and replaced at no cost to the Department. The time count will continue, and any delay to the project will be considered to have been caused by the Contractor and will not be compensable. The costs associated with mix designs shall be solely at the Contractor’s expense. If the Contractor fails to verify the new mix design per A or B, then production shall be halted until a new mix design has been completed per CP 52 or CP 54, a new Form 43 issued, and the Contractor demonstrates they are capable of producing a mixture meeting the verification requirements per A or B.
4.New or Revised Mix Design. Whenever a new or revised mix design is used and production resumes, three additional volumetric field verification tests shall be performed, and the test results evaluated per the above requirements. The test frequency shall be one per day unless altered by the Engineer.
5.Field Verification Process Complete. When the field verification process described above is complete and production continues, the sample frequency will revert back to a minimum of 1/10,000 tons. The Engineer has the discretion to conduct additional verif ication tests at any time.
f.Testing Schedule . Process control and project acceptance testing frequency shall be per Table 106- 1. 106.05 106-9 (g) Reference Conditions. Three reference conditions can exist determined by the Moving Quality Level (MQL). The MQL will be calculated per the procedure in CP 71 for Determining Quality Level (QL). The MQL will be calculated using only acceptance tests. The MQL will be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter on the last five consecut ive test results. The MQL will not be used to determine pay factors. The three reference conditions and actions that will be taken are described as follows:
1.Condition green will exist for an element when an MQL of 90 or greater is reached, or maintained, and the past five consecutive test results are within the specification limits.
2.Condition yellow will exist for all elements at the beginning of production or when a new process is established because of changes in materials or the job -mix formula, following an extended suspension of work, or when the MQL is less than 90 and equal to or greater than 65. Once an element is at condition green, if the MQL falls below 90 or a test result falls outside the specification limits, the condition will revert to yellow or red as appropriate.
3.Condition red will exist for any element when the MQL is less than 65. The Contractor shall be notified immediately in writing and the process control sampling and testing frequency increased to a minimum rate of 1 per 250 tons for that element. The process control sampling and testing frequency shall remain at 1 per 250 tons until the process control QL reaches or exceeds 78. If the QL for the next five process control tests is below 65, production will be suspended. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. (This test resul t will not be included as an acceptance test.) After condition red exists, a new MQL will be started. Acceptance testing will stay at the frequency shown in Table 106 -1. After three acceptance tests, if the MQL is less than 65, production will be suspended. Production will remain suspended until the source of the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor and approved in writing by the Engineer before production ma y resume. Upon resuming production, the process control sampling and testing frequency for the elements causing the condition red shall remain at 1 per 250 tons. If the QL for the next five process control tests is below 65, production will be suspended again. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1 ,250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. 106.06 106-10 Table 106 -1 SCHEDULE FOR MINIMUM SAMPLING AND TESTING FOR HMA Element Process Control Acceptance *, # Check (CTP) Asphalt Content 1/500 tons 1/1000 tons 1/10,000 tons Gradation 1/Day 1/2000 tons 1/20,000 tons Theoretical Maximum Specific Gravity 1/1000 tons, minimum 1/Day 1/1000 tons, minimum 1/Day 1/10,000 tons In-place Density 1/500 tons 1/500 tons 1/5000 tons Joint Density 1 core/2500 linear feet of joint 1 core/5000 linear feet of joint 1 core/50,000 linear feet of joint Aggregate Percent Moisture ^ 1/2000 tons, minimum 1/Day 1/2000 tons Not applicable Percent Lime ^,+ 1/Day Not applicable Not applicable Table 106 -1 Notes: * The minimum number of acceptance tests will be: 5 asphalt content, 3 gradation, 10 in- place density and 5 joint density tests, for all projects. # When unscheduled job mix formula changes are made (Form 43) acceptance of the elements, except for in -place density, will be based on the actual number of samples that have been selected up to that time, even if the number is below the minimum listed in the schedule. At the Engineer’s discretion, additional random in- place density tests may be taken in order to meet scheduled minimums, provided the applicable pavement layer is available for testing under safe conditions. Beginning with the new job mix formula, the quantity it will represent shall be estimated. A revised schedule of acceptance tests will be based on that estimate. ^ Not to be used for incentive or disincentive pay. Test according to CP -33 and report results from Form 106 or Form 565 on Form 6. + Verified per Contractor’s PC Plan
106.06 Sampling and Testing of Portland Cement Concrete Paving . All Portland Cement
Concrete Pavement, Item 412, shall be tested per the following process control and acceptance testing procedures:
a.Process Control Testing . The Contractor shall be responsible for process control testing of all elements listed in Table 106 -2 or 106- 3. Process control testing shall be performed at the expense of the Contractor. The Contractor shall develop a process control plan (PCP) per the following:
1.Process Control Plan. For each element listed in Tables 106 -2 or 106- 3, the PCP must provide adequate details to ensure that the Contractor will perform process control. The Contractor shall submit the PCP to the Engineer at the Pre- construction Conference. The Contractor shall not start any work on the project until the Engineer has approved the PCP in writing. 106.06 106-11 A. Frequency of Tests or Measurements. The PCP shall indicate a random sampling frequency, which shall be equal to or more frequent than that shown in Table 106 -2 or 106- 3. The process control tests shall be independent of acceptance tests.
B.Test Result Chart. Each process control test result, the appropriate area, volume, and the tolerance limits shall be plotted. The chart shall be posted daily at a location convenient for viewing by the Engineer.
C.Quality Level Chart. The QL for each element in Table 106 -2 or 106 -3 shall be plotted. The QL shall be calculated per the procedure in CP 71 for Determining Quality Level. The QL shall be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter the last five consecutive test results. The area of material represented by the last test result shall correspond to the QL.
D.F-test and t -test Charts. If flexural strength criteria is indicated, then the results of F-test and t -test analysis between the Department’s verification tests of flexural strength and the Contractor’s process control tests of flexural strength shall be shown on charts. The F- test and t -test shall be calculated per standard statistical procedures using all verification tests and process control tests completed to date. Only results from cast beams shall be used in the F & t analysis, flexural strengths f rom splitting tensile correlations shall not be included in the F & t analysis. When a verification test is completed, the F - test and t -test calculations shall be redone. The area of material represented by the last test result shall correspond to the F-t est and t -test. A warning value of 5 percent and an alert value of 1 percent shall be shown on each chart. The chart shall be submitted to the Engineer electronically daily, as results become available.
2.Point of Sampling. The material for process control testing shall be sampled by the Contractor using CP 61. The location where material samples will be taken shall be indicated in the PCP.
3.Testing Standards. The PCP shall indicate which testing standards will be followed. Acceptable standards are Colorado Procedures, AASHTO and ASTM. The order of precedence is Colorado Procedures, AASHTO procedures and then ASTM procedures. The compressive strength test for process control will be the average strength of two test cylinders cast in plastic molds from a single sample of concrete, cured under standard laboratory conditions, and tested three to seven days after molding.
4.Testing Supervisor Qualifications. The person in charge of and responsible for the process control testing shall be identified in the PCP. This person shall be present on the project and possess one or more of the following qualifications:
A.Registration as a Professional Engineer in the State of Colorado.
B.Registration as an Engineer in Training in the State of Colorado with two years of paving experience.
C.A Bachelor of Science in Civil Engineering or Civil Engineering Technology with three years of paving experience.
D.National Institute for Certification in Engineering (NICET) certification at level III or higher in the subfields of Transportation Engineering Technology, Highway Materials, or Construction Materials Testing Engineering Technology, Concrete and four years of paving experience. 106.06 106-12 5. Technician Qualifications. Technicians performing tests shall meet the requirements of Colorado Procedure 10.
6.Testing Equipment. All of the testing equipment used to conduct process control testing shall conform to the standards specified in the test procedures and be in good working order. If flexural strength criteria is indicated, then the Contractor shall provide the following equipment and supplies , which will not be paid for separately but shall be included in the work:
A.A separate, temperature -controlled facility of at least 300 square feet usable space. This facility shall be used exclusively for the molding, storage and testing of concrete test specimens as required. This facility shall be provided in addition to other facilities required in Section 620 . The storage facility shall have sufficient water storage capacity for curing all required test specimens. The storage facility shall provide separate storage tanks for each type of required testing. Each storage tank shall have a continuously recording thermometer and sufficient blank charts for the project. Temperatures of each storage tank shall be recorded for the duration of the project.
B.A machine for testing flexural, compressive and splitting tensile strength of concrete specimens. The machine shall have an opening size capable of housing the flexural strength apparatus, splitting tensile apparatus and compression heads. The machine shall have a square or rectangular bottom platen at least 2 inches thick. The machine shall have a minimum capacity of 300,000 lbs. The machine shall have a digital monitor capable of displaying load rate and total load. The following or an approved equal m ay be used:
1.Forney model number FHS -300 with a Co -Pilot digital monitor.
2.Humboldt model number HCM -3000 with an iD Digital Indicator.
3.Gilson model number MC -400 with Pro Controller.
4.Test Mark Industries CM -3000 with i720 Digital Indicator. Both the Contractor and the Engineer will use this machine for testing concrete specimens. The machine shall meet the requirements of AASHTO T 97 and T 22. After the machine has been certified and accepted by the Engineer it shall not be moved until all po rtland cement concrete paving and flexural strength acceptance tests have been completed. A weekly check of the planeness of all bearing surfaces on the flexural strength apparatus shall be made and recorded in the Contractor’s PC notebook for each week that flexural strength testing occurs. Swapping flexural strength apparatus, splitting tensile strength apparatus and compressive strength head will not require recertification of the test machine.
C.Beam molds for molding all test specimens required. Beam molds shall have a cross section of approximately 6 inches by 6 inches. All beam molds shall be checked by the Contractor before being placed in service and monthly. The checks of each beam mold shall be recorded in the Contractor’s PC notebook. This shall include all testing described in subsection 106.06.
D.The Contractor shall supply an MIT Scan T2 or MIT Scan T3 and the associated test plates when pavement thick acceptance is based on magnetic pulse induction (MPI). 106.06 106-13
7.Reporting and Record Keeping. The Contractor shall report the results of the tests to the Engineer electronically at least once per day. The Contractor shall assemble a process control (PC) notebook and update it daily. This notebook shall contain all worksheets, test results forms, test results charts and quality level charts for each of the elements listed in Table 106 -2 or 106- 3. The Con tractor shall submit examples of worksheets, test result forms and test results charts per CP 12B as part of the Contractor’s Process Control Plan (PCP). The Contractor shall submit the PC notebook electronically to the Engineer for review once a month on the date agreed to at the Pre -construction Conference. A list of recognized deficiencies will be returned to the Contractor within two workdays after submittal. Deficiencies may include, but are not limited to, the failure to submit the notebook on time or an absence of the required reports. For any month that deficiencies are identified, the PC notebook will be submitted for review two weeks after the PC notebook is returned. Upon the second recognized deficiency the Engineer will notify the Contractor, and the pay estimate shall be withheld until the Contract or submits, in writing, a report detailing the cause for the recognized deficiency. The report shall include how the Contractor plans to resolve the deficiencies. Additional recognized deficiencies will result in a delay of the pay estimate until the Contr actor has identified and resolved the deficiency along with revising and resubmitting his PCP to address these issues. Once the Engineer has reviewed and approved the revised PCP the estimate may be paid. Upon submittal of the PC notebook for the semi- final estimate, the PC notebook shall become the property of the Department. The Contractor shall make provisions such that the Engineer can inspect process control work in progress, including PC notebook, sampling, testing, plants, and the Contractor’s testin g facilities at any time.
8.Optimized Gradation. The Contractor shall perform process control testing of the combined aggregate gradation (CAG) when an Optimized Gradation (OG) is used for Class P Concrete. The combined aggregate gradation testing frequency shall be three per day. Test one shall be sampled and tested after full production begins but before production reaches 100 cubic yards. Test two shall be sampled and tested after four hours of continuous production or production reaches 1 ,000 cubic yards, whichever comes first. Test three shall be sampled and tested after seven hours of continuous production or production reaches 1750 cubic yards, whichever comes first. The frequency shall be a minimum of one per day if production is less t han 750 cubic yards. The Department will perform one gradation test each day that may be a split of one of the three daily PC samples. This data will not be used to determine acceptability of the material but as information only. The Contractor’s gradation test data will be used to evaluate the gradation optimization. When the Contractor’s gradation test results fail to meet their optimization range, the Contractor shall immediately make corrections to bring the aggregate gradation optimization range and notify the Enginee r. If two or more consecutive test results for any single day or two successive days are found to fall outside the optimization range , the Contractor shall immediately suspend production and provide a written corrective plan to the Engineer for approval before resuming production. 106.06 106-14 Upon being allowed to resume production, the Contractor shall follow the daily sampling frequency. If the next two consecutive gradation tests indicate that they meet the optimization range, the Contractor may continue production. If the first two aggregate samples do not meet the optimization range, production shall be suspended. Before resuming production, the Contractor shall sample the individual aggregate stockpiles at two or more locations to determine the range of variability within each stockpile, make appropriate adjustments to the percentages for each aggregate component, and discharge and sample the combined aggregates. The combined aggregate gradation shall be tested to determine if the optimization range is met . Production can resume if the CF and WF plot within the workability box. Production will continue to be suspended for additional evaluation of stockpiles and aggregate feed rates until gradation samplin g and testing indicate the optimization range is met. All gradation test information during production shall be provided to the Engineer daily. The Contractor shall immediately report all gradation test data to the Engineer for evaluation during periods when production is suspended or upon resuming production . The Contractor will be notified in writing in all cases when production may resume or shall remain suspended.
9.Concrete Test Reports. The Contractor shall distribute electronically to the co ncrete supplier all compressive- strength process control (PC) data for the concrete supplied to the project. The Contractor shall distribute the PC compressive strength data within two business days of the 7 -day and 28 -day compressive strength testing . The data shall include the compressive strength and batch ticket number at a minimum.
b.Acceptance Testing. Acceptance testing frequencies shall be per the Schedule (Owner Acceptance) in the Department’s Field Materials Manual. Except for flexural strength , acceptance tests will be conducted by and at the expense of the Department. Acceptance sampling and testing procedures will be per the Department’s Field Materials Manual with the following exceptions and inclusions: A split sample from an acceptance test shall not be used for a process control test. The Engineer will designate the location where samples are to be taken. Samples shall be taken by the Contractor per CP 61. The Engineer will be present during the sampling and take possession of all acceptance samples. Samples transported in different containers will be combined and mixed before molding specimens. All materials are subject to inspection and testing at all times. Pavement thickness acceptance will be determined by cores or magnetic pulse induction (MPI) . Acceptance tests for thickness using MPI shall be the Contractor’s process control tests. MPI testing shall be per AASHTO T359. When compressive strength testing is specified, the Engineer will distribute electronically to the concrete supplier all compressive -strength Owner Acceptance (OA ) data for the concrete supplied to the project. The Engineer will distribute the OA compressive strength data within two business days of the 7 -day and 28 -day compressive strength testing. The data will include the compressive strength and batch ticket number at a minimum. The Contractor shall not have a valid dispute or claim as a resu lt of any action or inaction by the Department related to the distribution of test results. 106.06 106-15 The compressive strength test for acceptance will be the average compressive strength of three test cylinders cast in plastic molds from a single sample of concrete and cured under standard laboratory conditions before testing . If the compressive strength of any one specimen differs from the average by more than 10 percent, that specimen will be deleted, and the average strength will be determined using the remaining two specimens. If the compressive strength of more than one specimen differs from the average by more than 10 percent, the average strength will be determined using all three specimens. Each set of three cylinders will be tested at 28 days after molding. Acceptance tests for flexural strength shall be the Contractor’s process control tests. The flexural strength tests shall be the average flexural strength of four test beams . The test beams shall be prepared according to AASHTO T23. The flexural strength of each specimen shall be measured according to AASHTO T97 with the following additional requirements: If the flexural strength of only one specimen differs from the averag e by more than 10 percent, that specimen shall be deleted, and the average strength shall be determined using the remaining three specimens. If the flexural strength of more than one specimen differs from the average by more than 10 percent, the test value shall be the average of all four specimens. Each set of four beams shall be tested at 28 days after molding.
c.Verification Testing. Verification testing will be used only when flexural strength criteria is indicated and is the responsibility of the Department. The Department will determine the locations where samples or measurements are to be taken . The location of sampling shall be based on a stratified random procedure. Verification sampling and testing procedures will be per Sections 105, 106, 412, the Schedule for Minimum Materials Sampling, Testing and Inspection in the Department’s Field Materials Manual, and CP 13. Samples for verification testing shall be taken by the Contractor per CP 61 in the presence of the Engineer. An analysis of test results will be performed after all test results are known using the t -test and F -test statistical methods with an alpha value set at 0.05. If either the above t -test and F-test analysis shows a significant difference, then the followi ng items shall be checked: comparison of beam fracture locations and types, computations and flexural testing machine outputs, curing tank temperature charts, slump and air contents, plant batch tickets for major changes, review of sampling, molding, testing procedures, along with IAT check tests and any other investigations that may clarify the significant differences. If after a review of the data no reasons can be determined for the significant difference, the Department’s test data shall be used for det ermining Quality Levels and Incentive or Disincentive according to the methods in this Section.
d.Check Testing. The Contractor and the Engineer shall conduct a check testing program (CTP) before the placement of any concrete pavement. The check testing program will include a conference directed by the Region Materials Engineer, the Contractor’s testers, and the Department’s testers concerning methods, procedures and equipment for compressive or flexural strength testing. Check testing shall be completed before any portland cement concrete pavement (PCCP) is placed. A set of three cylinders or four beams will be molded by both the Contractor and the Department’s project testers from a split sample. The specimens will be sampled, molded and cured for seven days and tested for compressive or flexural strength according to the procedures of Section 106. Th e Department’s Independent Assurance Tester will also mold, cure and test a set of three cylinders or four beams, but the Independent Assurance Test results will not be entered in 106.06 106-16 the check testing analysis. If the results of the check tests do not meet the following criteria, then the check testing will be repeated until the following criteria are met:
1.The average of the Contractor’s test results, and the average of the Department’s test results shall be within 10 percent of the average of all test results.
2.Each specimen test result shall be within 15 percent of the average of all test results. When compressive strength criteria is indicated, a check test must also be conducted on the sand equivalent test. A set of 5 sand equivalents will be run by both the Contractor’s and the Department’s project tester, from a split sample. The average of the absolute differences be tween tests taken by the process control personnel and the acceptance testing personnel will be compared to the acceptable limits shown in Table 13 -1 of CP
13.The CTP will be continued until the acceptance and process control test results are within the permissible ranges shown in Table 13 -1 of CP 13. During production, split samples of randomly selected acceptance tests will be compared to the permissible ranges shown in Table 13 -1 of CP 13. The minimum frequency will be as shown in Table 106 -3. If production has been suspended and then resumed, the Engineer may order a CTP between tests taken by process control and acceptance testing persons to assure the test results are within the permissible ranges shown in Table 13 -1 of CP 13. Check test results shall not be included in process control testing . The Region Materials Engineer shall be called upon to resolve differences if a CTP shows unresolved differences beyond the ranges shown in Table 13 -1 of CP 13.
e.Independent Assurance Testing . The sample for the IAT will be a split sample of the Contractor’s process control test. The Department’s representative performing verification tests shall also use a split sample of the Contractor’s process control test and participate in the IAT. The IAT for flexural streng th will be the average flexural strength of four test beams prepared according to the requirements of Section 106 and cured for seven days in the field before being transferred to the IAT lab. IAT specimens will be tested at 28 days.
f.Testing Schedule. All samples used to determine Incentive or Disincentive payment by quality level formulas per Section 105, will be selected by a stratified random process. 106.06 106-17 Table 106 -2 TESTING SCHEDULE - ITEM 412 PORTLAND CEMENT CONCRETE PAVEMENT, FLEXURAL STRENGTH CRITERIA Element Minimum Testing Frequency Contractor’s Process Control Aggregate Gradation and Sand Equivalent For the first five days, minimum of 1/day, then 1/10,000 sq. yds. After 5 days, 1/40,000 sq. yds. Slump First three loads each day, then as needed for control. Water Cement Ratio First three loads each day, then 1/500 cu. yds. Air Content and Yield Minimum of 1/day, then 1/2 500 sq. yds. Flexural Strength Minimum of 1/day, then 1/2 500 sq. yds. Compressive Strength 1/10,000 sq. yds. Pavement Thickness Per subsection 412.21. Pull Test Joints Minimum of six transverse and six longitudinal joint locations for the first 2500 linear feet, then three transverse and three longitudinal joints thereafter Load Transfer Dowel Bar Placement Per subsection 412.13(b)2 Average Texture Depth 1 per 528 linear feet in each lane and shoulder wider than 8 feet. 106.07 106-18 Table 106 -3 TESTING SCHEDULE - ITEM 412 PORTLAND CEMENT CONCRETE PAVEMENT, COMPRESSIVE STRENGTH CRITERIA
106.07 Material Inspection at Plant . If the Engineer inspects the materials at the source,
the following conditions shall be met:
1.The Engineer shall have the cooperation and assistance of the Contractor and the materials producer.
2.The Engineer shall have full entry to all parts of the plant necessary for the manufacture or production of the materials being furnished.
3.Adequate safety measures shall be provided and maintained. The Department reserves the right to retest all materials that have been previously tested or inspected. The retesting may be before or after incorporation of the materials into the work. Those materials inspected and tested after delivery on the project or after incorporation into the work, that do not meet the requirements of the Contract will be rejected or accepted with an adjustment in price per the requirements of subsection 105.03.
106.08 Storage of Materials. Materials shall be stored to assure the preservation of their
quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing before incorporation into the work. Element Minimum Testing Frequency Contractor’s Process Control Aggregate Gradation Minimum of 1/day, then 1/10,000 sq. yds. Slump First three loads each day, then as needed for control Compressive Strength, Air Content, Yield, and Sand Equivalent Minimum of 1/day, then 1/2500 sq. yds. Pavement Thickness Per subsection 412.21 Pull Test Joints Minimum of six transverse and six longitudinal joint locations for the first 2500 linear feet, then three transverse and three longitudinal joints thereafter Load Transfer Dowel Bar Placement Per subsection 412.13(b)2 Average Texture Depth 1 per 528 linear feet in each lane and shoulder wider than 8 feet Water Cement Ratio First three loads each day, then 1/500 cu. yds. 106.09 106-19 Stored materials shall be located to facilitate prompt inspection. With prior approval, portions of the right of way may be used for storage of materials and equipment, and for the Contractor’s plant. Any additional space required shall be provided at the Contractor’s expense. Stored materials will be paid for per subsection 109.07. Private property shall not be used for storage purposes without written permission of the owner or lessee. If requested, copies of such written permission shall be furnished to the Engineer. All storage sites shall be restored to their original condition at the Contractor’s expense.
106.09 Handling Materials. All materials shall be handled so their quality and fitness for the
work is preserved. Aggregates shall be transported to the work in vehicles constructed to prevent loss or segregation of materials.
106.10 Department Furnished Materials . Material furnished by the Department will be made
available to the Contractor at the points specified in the Contract. The cost of handling and placing materials after they are made available to the Contractor shall be included in the contract price for the item. The Contractor will be held responsible for all material received until it is incorporated into the work and accepted. Demurrage charges resulting from the Contractor’s failure to accept the material at the designated time and point of delivery will be deducted from monies due the Contractor.
106.11 Buy America Requirements.
a.Steel and Iron. All manufacturing processes, including the application of a coating, for all steel and iron products permanently incorporated in the work shall have occurred in the United States of America. All manufacturing processes include the processes that change the raw ore or scrap metal into a finished steel or iron product. This requirement will not prevent a minimal use of foreign steel or iron, provided the total cost, including delivery to the project, of all such steel and iron products does not exceed one- tenth of one percent of the total contract cost or $2,500, whichever is greater. When there is foreign steel or iron permanently incorporated into the project, the Contractor shall provide documentation of the project delivered cost of that foreign steel or iron. The Contractor shall maintain on file Buy America certifications that every process from either the original smelting or melting operation, including the application of a coating, performed on steel or iron products either has or has not been carried out in the United States of America. These Buy America certifications apply to every steel and iron product that requires pre - inspection, pretesting, certified test results, or a certificate of compliance. Shipping invoices, bar lists, and mill te st reports shall accompany the Buy America certifications . The Contractor shall obtain a Buy America certification from each supplier, distributor, fabricator, and manufacturer that has handled each steel or iron product. These Buy America certifications s hall create a chain of custody trail for every supplier, distributor, fabricator, and manufacturer that handled the steel or iron product and shall include certified mill test reports with heat numbers from either the original smelting or melting operation . Upon request, the Contractor shall allow the State, FHWA, and their representatives access to the Buy America certifications including supporting documentation. When the Contractor does not provide the Buy America certifications at the Engineer’s request , the Engineer will reject the steel or iron product. 106.11 106-20 Before the permanent incorporation into the project and before payment for steel or iron products, the Contractor shall provide an assurance document. The assurance document shall certify in writing that the steel or iron products comply with Buy America requirements; the Buy America certifications and supporting documentation are on file; and when requested, the Contractor has submitted the required documentation to CDOT. The Contractor shall also maintain an assurance document that summarizes the date and quantity of all steel and iron material delivered to the project. This assurance document shall include the pay item, quantity of material delivered to the project, mill test reports with heat numbers, and the quantity of material installed by the monthly progress payment cutoff date. The assurance document shall reconcile the pay item quantities and certified mill test reports, for the material delivered to the project to the Buy America certifications and supporting documentation. The assurance documenta tion shall include the cost of all foreign steel or iron delivered and permanently incorporated into the project. The Contractor shall also submit a summary for each month that no steel or iron products are incorporated into or delivered to the project. Th e Contractor shall submit the assurance documentation to the Engineer by the monthly progress payment cutoff date. The assurance documentation does not relieve the Contractor of providing the necessary Buy America certifications and supporting documentatio n for steel or iron products.
b.Manufactured Products. Regulations require the use of domestic steel and iron in Federally funded construction projects. Buy America applies to construction components which are “predominantly steel or iron products,” defined by CDOT as products which are manufactured with at least 90% steel or iron content by weight when delivered to the job site for installation. FHWA provides waivers for manufactured products and products that are not predominantly steel or iron. The FHWA's 1983 final Buy America regulations w aive the application of Buy America to manufactured products that do not include steel and iron components. However, Buy America applies to the steel wire mesh or steel reinforcing components of manufactured products (precast reinforced concrete elements).
c.Glass Beads for Pavement Marking. All post -consumer and industrial glass beads for pavement marking shall have been manufactured from North American glass waste streams in the United States of America. The bead manufacturer shall submit a COC in accordance with subsection 106.12 confirming that North American glass waste streams were used in the manufacture of the glass beads.
d.Construction Materials. All manufacturing processes for eligible construction materials permanently incorporated into the work shall have been manufactured in the United States of America. All manufacturing processes for construction materials consist of at least the final manufacturing process and the immediately preceding manufacturing stage for the construction material. Buy America requirements shall apply to the following eligible construction materials:
1.Non-ferrous metals.
2.Plastic and polymer -based products (including, but not limited to polyvinylchloride [PVC] ).
3.Glass.
4.Lumber; or 5. Drywall Note 1: Raw materials such as cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives are excluded from Buy America requirements. 106.12 106-21 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 treated as manufactured products, rather than as construction materials. Before the permanent incorporation into the project for all eligible construction materials, the Contractor shall obtain a certification from each supplier. This certification must identify where the construction material was manufactured and attest specif ically to Buy America compliance. The Contractor shall maintain and submit on a monthly basis, CDOT Form #1600, Contractor’s Certificate of Compliance summarizing the Item Description, CDOT Bid Item #, Manufacturer Name Identifier, Date and Quantity Received, Date and Quantity Installed, and Bid Item Unit of all eligible construction materials. The COC does not relieve the Contractor of providing the necessary Buy America supplier certifications prior to permanent incorporation into the project. Upon request, the Contractor shall allow the State, FHWA, and their representatives access to the Buy America certifications. The lack of these certifications will be justification for rejection of the construction material.
e.Waivers. The Federal Highway Administration is responsible for processing and approving all waivers, including waivers requested by recipients and on behalf of subrecipients. More information on Buy America waivers can be found in Section 5.2 of the Field Materials Manual Special Notice to Contractors. If a Contractor desires to pursue a waiver they shall notify the CDOT Project Engineer in writing who will then submit it to the CDOT Materials & Geotechnical Services Unit, Pavement Design and Documentation Services Program. The Pavement Design and Docum entation Services Program will review it and forward it to the FHWA Division Office for consideration. A Contractor’s decision to pursue any waivers on the project shall not waive or otherwise nullify any provisions of the Contract. In addition, the time to obtain a waiver shall be considered a non -excusable, non -compensable delay and Liquidated Damages (per Subsection 108.09) will be enforced should the Contract Time (original or as- amended) expire due to the approval or non -approval of a waiver. The Contractor will not be entitled to an extension of contract time due to the approval or non-approval of a waiver and no such claim will be considered.
106.12 Certificates of Compliance . The Contract will designate products and assemblies that
can be incorporated in the work, if accompanied by Certificates of Compliance. The Certificate of Compliance shall be a legible copy or an original document from the manufacturer, and shall include, under penalty of perjury, the original or electronic sign ature (including corporate title) of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for the project. 106.12 106-22 The Contractor’s original signature and certification shall be added to the manufacturer’s document, as directed below. Each certificate shall include:
1.Manufacturer’s name.
2.Address of manufacturing facility.
3.Laboratory name and address.
4.Name of product or assembly.
5.Complete description of the material.
6.Model, catalog, stock number (if applicable).
7.Lot, heat, or batch number identifying the material delivered (if applicable).
8.Date(s) of the laboratory testing. (9) Listing of all applicable specifications required by the Department for this particular product or assembly. Certificates shall reference the actual tests conducted on samples taken from the same lot, heat, or batch, and shall include a statement that the product or assembly to be incorporated into the project was fabricated per and meets the applicable specifications. The Contractor shall certify and sign the manufacturer’s original Certificate of Compliance as directed below. The quantity certified by the Contractor shall be that which has been delivered to the project at that time and is represented by that COC. For p roducts with multiple delivery dates, multiple Certificates of Compliance will be required. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer before installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. Both the legible copy and the fully signed Certificate of Compliance shall include the Contractor’s certification and signature. Each product or assembly delivered to the project must cont ain the lot, heat, or batch number identical to that on the accompanying Certificate of Compliance. The following certification, signed by a person having legal authority to act for the Contractor: I hereby certify under penalty of perjury that the material listed in this Certificate of Compliance represents __________ (quantity and units) of pay item __________ (pay item number and Description) that will be installed on project number ______________ ____. _________________________ __________________ Contractor and Date Failure to comply with the above requirements may result in delays to the project or rejection of the materials. Products or assemblies furnished on the basis of Certificates of Compliance may be sampled and tested by the Department, and if determined not to meet the applicable specifications will be rejected or accepted according to subsection 105.03. 106.13 106-23 106.13 Certified Test Report . The Contract will designate products and assemblies that can be incorporated in the work if accompanied by Certified Test Reports. The Certified Test Report shall be a legible copy or an original document from the manufacturer, and shall include, under penalty of perjury, the original or electronic signature (including corporate title) of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly t o be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. Each report shall include: Each certificate shall include:
1.Manufacturer’s name.
2.Address of manufacturing facility.
3.Laboratory name and address.
4.Name of product or assembly.
5.Complete description of the material.
6.Model, catalog, stock number (if applicable).
7.Lot, heat, or batch number identifying the material delivered (if applicable).
8.Date(s) of the laboratory testing.
9.All test results are required to verify that the material furnished conforms to all applicable Department specifications. Test results shall be from tests conducted on samples taken from the same lot, heat, or batch. The Contractor shall certify and sign the manufacturer’s original Certified Test Report as directed below. The quantity certified by the Contractor shall be that which has been delivered to the project at that time and is represented by that Certified Test Report. For products with multiple delivery dates, multiple Certified Test Reports will be required. One legible copy of the fully signed Certified Test Report shall be furnished to the Engineer before installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. Both the legible c opy and the fully signed Certified Test Report shall include the Contractor’s certification and signature. Each product or assembly delivered to the project must contain the lot, heat, or batch number identical to that on the accompanying Certified Test Re port. The following certification, signed by a person having legal authority to act for the Contractor: I hereby certify under penalty of perjury that the material listed in this Certified Test Report represents __________ (quantity and units) of pay item __________ (pay item number and Description) that will be installed on project number __________________. _________________________ __________________ Contractor, Date Failure to comply may result in delays to the project or rejection of the materials. Products or assemblies furnished on the basis of Certified Test Reports may be sampled and tested by the Department, and if determined not to meet the applicable specifications will be rejected or accepted according to subsection 105.03. 106.13 106-24 THIS PAGE INTENTIONALLY LEFT BLANK 107.01 107-1 SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
107.01 Laws to be Observed. The Contractor shall keep fully informed and comply with all
Federal, State and local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which may affect those engaged or employed on the work or affect the conduct of the work. The Contractor shall protect and indemnify the Department and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor, the subcontractors, suppliers of materials or services, or their employees. Failure to comply with all contractual obligations may lead to the suspension, debarment, or both of the Contractor as stipulated in the “Rules”.
107.02 Permits, Licenses, and Taxes. The Contractor shall procure all permits and licenses,
pay all charges, fees, and applicable taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Contract. Before beginning work, the Contractor shall furnish the Engineer a written list of all permits required for the proper completion of the Contract. The list shall clearly identify the type of permit or permits that must be obtained before work on any particular p hase or phases of work can be started. Copies of the fully executed permits shall be furnished to the Engineer upon request.
107.03 Patented Devices, Materials , and Processes . If the Contractor employs any design,
device, material, or process covered by letters of patent or copyright, the Contractor shall provide for their use by suitable legal agreement with the patentee or owner. The Contractor and the Surety shall indemnify and save harmless the Department, any affected third party, or political sub - division from any and all claims for infringement resulting from the use of any patented design, device, material or process, or any trademark or copyright, and s hall indemnify the Department for any costs, expenses, and damages that they may be obliged to pay by reason of any infringement, during the prosecution or after the completion of the Contract.
107.04 Restoration of Surfaces Opened by Permit . An individual, firm, or corporation may be
issued a permit to construct or reconstruct a utility service. The Contractor shall allow permit holders to perform permitted work. The Contractor shall make necessary repairs resulting from this work, as directed. The repairs will be paid for as extra work per subsection 109.04. The repairs will be subject to the same requirements as the original work performed.
107.05 Federal Aid Provisions . When the United States Government participates in the cost of
a project, the Federal laws and the rules and regulations made pursuant to such laws must be observed by the Contractor, and the work shall be subject to the inspection of the appropriate Federal agency. Such inspection shall not make the United States Government a party to the Contract and shall not interfere with the rights of the parties to the Contract.
Source: Colorado Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 107–130 of 943.