RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 49 Code. The Department will not serve as the arbiter of such disputes, but will, in the absence of agreement between the parties, designate the American Arbitration Association to resolve the matter. 105.16 Partial Acceptance ; Project Acceptance; Final Acceptance ; and Project Closeout. A. Partial Acceptance. 1. The decision to partially accept a portion of the project is solely at the discretion of the engineer. The engineer may partially accept portions of the work. The Department will not consider partial acceptance as constituting acceptance of the work that has not been partially accepted or a waiver of any contract provisions. The Department will maintain the partially accepted portion of the project, including repairing damage caused by the public. B. Project Acceptance. 1. The Department will cease counting contract time when the project reaches substantial completion as defined in Section 101.3 , Definitions . 2. Initial (formerly referred to as Semi -Final) inspection.
a.Upon receiving the contractor’s notice of substantial completion of the project, the District will conduct a n initial inspection. Following this inspection, the District will provide a written punch list, by stations and in detail, noting work or conditions requiring correction.
b.Perform the corrective work noted on the punch list within 15 days unless the parties mutually agree to extend the time frame.
c.After completion of the initial punch list to the Department’s satisfaction, request a primary inspection from the Department.
d.The Department will schedule the primary inspection within 30 calendar days of the request. 3. Primary Inspection .
a.The District will conduct a primary inspection with the completion of 105.16.B.2 initial inspection . The District will note and provide a written punch list identifying work or conditions requiring correction.
b.Perform the corrective work noted on the punch list within 30 days upon receipt of the punch list created by the administering section, unless the parties mutually agree to extend the time frame.
c.Upon satisfactory completion of the corrective work noted during the primary inspection and provided on the primary inspection punch l ist, the Department will verify punch list completion within 30 days of completion of the punch list. 4. At the District’s sole discretion, the District will notify the contractor if the District needs additional time. 5. If the contractor fails to complete punch lists within the time provided, the Department will assess liquidated damages in the amount of 10 percent of the value shown in Section 108.9 , Schedule of Liquidated Damages, for each calendar day or working day, depending on the type of contract, counted beyond substantial completion date that exceeds the allowable contract RESPONSIBILITIES OF THE DEPARTMENT; INTERPRETATION SECTION 105 OF THE CONTRACT DOCUMENTS; MAINTENANCE DURING CONSTRUCTION; CLAIMS; PROJECT ACCEPTANCE 50 time. The engineer may extend this time as set forth in Section 108.7 , Extensions of Contract Time . C. Final Acceptance 1. The engineer will provide final acceptance in writing that will state the acceptance date as defined in Section 101.3 , Definitions . D. Project Closeout 1. Upon final acceptance, provide the exempted documents, certificates, or proofs of compliance within 90 calendar days. 2. The Department will not issue the final payment until the contractor executes and delivers the required documents. MATERIAL QUALITY AND TESTING REQUIREMENTS SECTION 106 51 SECTION 106 — MATERIAL QUALITY AND TESTING REQUIREMENTS 106.1 Source of Supply and Quality Requirements. A. Use materials that meet the contract requirements. B. Use only new materials unless otherwise specified in the contract. C. Submit documentation requesting approval of material sources before delivery to the project. Submission requirements and instructions for source information are listed on DelDOT’s website: https://deldot.gov/Business/prodlists/index.shtml . 1. If material requirements are not provided in the Standard Specifications or a Special Provision, submit all Plan sheets that contain relevant material requirements as documentation with the source of supply submission. D. The Department will only allow one source of material to be used. An alternate source may be submitted. Sources cannot be combined. E. Material approval varies based on the type and use of material. The Department approves materials based on: 1. Supply source verified by sample testing and analysis 2. Certification 3. Approved products lists F. Obtain Department approval for all materials before use. Using unapproved materials is at the contractor’s risk as the engineer may deem the unapproved materials unacceptable. G. The Department’s acceptance of a source, certification, or approved product does not constitute final acceptance. If materials do not meet the contract requirements at the jobsite before or after use, remove or correct the materials to comply with the co ntract. 106.2 Samples, Tests, and Referenced Specifications. A. The engineer may inspect and test materials at any time before, during, or after use in the work. Tests performed by the engineer are for quality assurance and acceptance of the work. Material quality control is the contractor’s responsibility as stated in Division 1000 of these specifications. B. The Department will perform material tests in accordance with the Department of Highway (DOH), AASHTO, or ASTM test methods current on the date of the advertisement. When a specification or test is identified in the form of an AASHTO or ASTM number indi cated as "modified," it refers to an AASHTO or ASTM specification or test modified by the Department's Materials Manual in effect on the date of advertisement. If there is a procedural difference in the DOH, AASHTO, or ASTM test methods, the Department wil l follow this order of precedence: 1. Materials Manual
Article 2 — Aashto
Article 3 — Astm
C. The engineer will set forth minimum requirements for material quality assurance sampling and testing on each contract. Ensure that the engineer has the access and time needed to perform the MATERIAL QUALITY AND TESTING REQUIREMENTS SECTION 106 52 sampling and testing. The engineer reserves the right to perform more than the minimum number of tests. The Department will make copies of any or all test results available to the contractor upon request. D. When, in the engineer’s judgment, the contract requires inconsequential quantities and use of materials, the Department may make a field inspection report of materials instead of following the minimum requirements for sampling materials. 106.3 Compliance Certification. A. Use materials for the work designated in the contract or designated by the Department's Materials and Testing Schedule accompanied by manufacturer certificates of compliance. Provide certificates of compliance signed by the manufacturer stating that the materials or assemblies provided fully comply with the contract. Ensure that each lot of certified materials or assemblies has a certificate of compliance clearly identifying the materials delivered and the specification requirement satisfied. B. The Department may sample and test materials or assemblies provided on the basis of certification of compliance. The Department will reject materials not in conformance with the contract in accordance with Section 105.11 , Removal of Defective and Unauthorized Work . C. Distribute the compliance certificates in accordance with the contract or the Department’s Materials Manual. 106.4 Manufacturing Plant Inspection. A. The Department may inspect manufacturing plants for compliance with specified manufacturing methods. The contractor and the material producer shall cooperate and assist the engineer. Provide the engineer with full access at any time to all parts of the plant manufacturing or producing the project materials. B. The Department will take material samples to test for compliance with material quality requirements. Provide a laboratory conforming to the requirements of Section 106.5 , Field Laboratory, located near the plant for the Department’s use. C. The Department may retest materials, previously tested at the supply source, when delivered to the project. D. The material producer shall establish plant safety protocols that the contractor and the Department will follow. E. Manufacturing plant s shall comply with OSHA workplace requirements. 106.5 Field Laboratory. Provide field laboratories in accordance with Section 612 , Precast Concrete, for precast concrete items and Section 1014 , Asphalt Materials Production, for bituminous asphalt. 106.6 Storage and Handling. A. Store and handle materials to ensure fitness for the work and in a manner that facilitates inspection. The Department may inspect or test stored materials before use. B. The contractor may use an approved portion of the right -of-way for material storage, to locate a contractor's plant, or to store equipment. Do not use private property for storage without written MATERIAL QUALITY AND TESTING REQUIREMENTS SECTION 106 53 permission of the property owner or lessee. The engineer may request copies of written permission to use private property for storage. 1. Do not store materials or equipment under or adjacent to DelDOT maintained bridges or retaining walls without an executed agreement. C. Restore storage and plant sites to their original condition. 106.7 Unacceptable Materials. The Department will reject materials not conforming to the contract requirements. Either remove rejected materials from the project or correct the material defects using methods approved by the engineer in accordance with Section 106.8 , Disposal of Unacceptable Materials . 106.8 Disposal of Unacceptable Materials. A. Waste materials from the work become the contractor’s property. Remove the waste materials from the project. 1. The contract may provide disposal sites for the contractor’s use. If the contract -provided disposal sites are not large enough to handle all contract waste materials, procure additional disposal sites as necessary. 2. Submit proposed disposal sites for the engineer’s approval before using the sites.
a.Provide a plan of the disposal area that includes:
i.Includes sediment and erosion control devices. ii. Shows the existing contours and proposed final contours. iii. Contains a list of materials the contractor plans to place in the disposal area. iv. Details proposed security measures.
b.When preparing and using off -site disposal areas, comply with all stormwater and environmental rules, regulations, or applicable permits issued by DNREC, USACOE, and all other applicable government agencies. Obtain permits, if necessary, in accordance w ith Section 107.2 , Permits, Licenses, and Taxes .
c.Costs for preparing these plans are incidental to the pay item that generates the waste.
d.For disposal sites designated in the contract documents, the Department will pay for erosion and sediment controls, seeding, and mulching under applicable pay items.
e.The Department will consider costs for erosion and sediment controls, seeding, and mulching for contractor -procured disposal sites as incidental to the pay items that generate the waste. 106.9 Department -Provided Material. A. The Department will deliver, or make available, to the contractor Department -provided material at locations specified in the contract. B. Include the cost of handling and placing Department -provided materials in the pay items the materials are used for. The Department will make deductions from monies due the contractor for damage that occurs to the material after delivery due to contracto r negligence. The Department
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 59–63 of 779.