The Contractor shall perform QC inspection, sampling, testing, and documentation in accordance with the Contract requirements. For work without specific QC requirements, the Contractor shall perform inspection, sampling, and testing as the Contractor deems necessary to ensure adequate process control and end product qu ality. The Contractor shall provide all facilities, Equipment, and Ma terial samples required by the Department to conduct Acceptance, Verification, and IA s ampling and testing. The Contractor shall supply Materials and perform work using m ethods and Equipment in a manner that will not degrade the quality of the Materials. Materials with prior approval that become unfit for use or fall outside the sp ecification limits will result in the affected product being decl ared Non-conforming Work. For a related provision, see The cost of the Contractor’s QC activities and its costs for f urnishing facilities, testing Equipment, and samples for the Department’s Acceptance and IA activities are incidental to the related Pay Items. 106.3.3 Sources
complete the work, except as otherwise provided in the Contract . Unless otherwise specified in the Contract, the C ontractor shall use only those products contained on the Department’s Qualified Products List (available on the Departme nt internet site) if a list is established for that type of product or Material. For any mate rial on the Department qualified products list that is being considered for incorporation into the Work, it sh all be the Contractor’s responsibility to verify that the Material is appropriate for the use being considered.
Department will furnish certain Materials. If the Contractor r easonably believes that the Department-furnished Material is deficient in any way, the Cont ractor shall immediately notify the Department before accepting delivery. After accepta nce of delivery, the Contractor is responsible for all risk of loss of Department-fu rnished Material. The cost of inspecting, handling, and storing Department-furnished Materials after delivery is incidental to the Contract. The Department may deduct from amounts otherw ise due the Contractor all costs necessary to make good any shortage, damage, or deficienc ies discovered after the Contractor accepts delivery, including any demurrage or car hir e charges. 106.3.4 Storage The Contractor shall store Materials to prese rve their quality and fitness for the work. Materials shall not be stored under or i n close proximity to Highway Structures unless the Contractor receives written permission fr om the Resident. If Materials fail to meet the requirements of the Contract, the Materials wi ll be rejected. The Department may inspect stored materials at any time. The Contractor shall locate stored Materials to facilitate their prompt inspection. The Department may approve portions of land within the
Right-of-Way for storage purposes and for the placing of the Co ntractor’s equipment, but the Contractor shall provide any additional land required witho ut cost to the Department. The Contractor shall not use pr ivate property for storage purpo ses without written permission of the owner, with copies of the written permission furnished to the Department upon request. The Contractor shall restore all storage sites, whether within the Right-of- Way or on private property, to original condition at the completion of the project, without cost to the Department. 106.3.5 Handling The Contractor shall handle all Materials in a manner that preserves their quality and fitness for the work. The Contractor shall t ransport Aggregates in tight vehicles to avoid loss or segregation of Materials after loadin g and measuring. 106.3.6 Unacceptable Materials The Department may reject Mater ials not conforming to the Specifications at any time, and the Contractor shall rem ove them immediately from the project site unless otherwise instructed by the Department. The Contractor shall not store or use rejected materials on any Department project. 106.3.7 Sampling and Testing Qualified Departmental personnel may take samples of Materials for Acceptance Testing. Work in which Material is us ed without the Department’s approval will be at the Contractor’s sole risk and the work will be considered Non-conforming Work. Unless otherwise designated, the Departme nt’s testing costs will be at the expense of the Department. Materials being used are sub ject to inspection, testing, or rejection at any time. The Department will furnish copies of t est reports to the Contractor upon request. The Contractor is responsible for the quality of construction and materials incorporated into the work. The C ontractor shall perform all n ecessary QC inspection, sampling, and testing in accordance with the approved QCP. If a QCP is not required, the Contractor is still responsible for all QC necessary for a high quality project. The Contractor shall not rely on the r esults of the Department’s Ac ceptance Testing being available for process QC. The Contractor may observe the Department’s sampling and testi ng activities. If the Contractor observes a deviation from the specified sampling or testing procedures, then the Contractor shall describe the deviation to the Department immed iately and document the deviation in writing within 24 hours to preserve its ability to dispute the sample. The Department will randomly sample and test items designated for Acceptance in accordance with the procedure specified for that item. The Dep artment may also sample and test at any time if the Material appears defective or when the Department determines that a change in the process or product has occurred. Acceptance Tests will govern in all cases for determination of pay factors without regard to QC tes ts, unless otherwise specified in the Contract. When directed by the Department, the Contractor shall sample a nd test any Material that appears inconsistent with similar Material being sampled, unless such Material is
voluntarily removed and replaced or corrected by the Contractor . All sampling shall be in accordance with Department, AASHTO, or ASTM procedures as speci fied for the material being sampled.
106.4Quality Control
106.4.1 General When required elsew here in the Contract, the C ontractor shall develop, submit, and implement a Quality Control Plan (QCP), approved by the Department, for those items of work specified that will result in work that mee ts or exceeds the quality requirements of this Contract. R egardless of whether a QCP is required, Quality Control for all work is the Contractor’s responsibility.
any related work is to be perfor med, the Contractor shall submi t three copies of its QCP to the Department.
QCP is in accordance with the requirements of this Section 106. 4 and (1) notify the Contractor that its QCP is a pproved or (2) return it for any ne eded revisions. If returned for revision, the Contractor shall resubmit three copies of its rev ised QCP as provided above within 7 Days and the Department will have 7 Days from receipt of the revised plan to notify the Contractor whether its QCP is approved or again requ ires revision. Additional iterations will occur in a like manner until the Department app roves the Contractor’s QCP. Failure to submit an approvable QCP shall not be cause for any adjustment to compensation or time.
may choose to submit a standard QCP that includes any items com mon to all of its plants and paving operations. Standard plans shall be submitted to th e Quality Assurance Engineer by March 1 of . The standard plan will apply to all projects c onstructed by the Contractor until a new standard plan is approved the following year. In a ddition to the standard plan, the Contractor must submit a supplemental QCP for each project that includes any required items and project specific details not covered by the standard plan. Approval of both standard and Project-specific QCPs shall be as done outlined in paragraph B above, with the exception that the initial 14-Day review period for standard pl ans will begin on March 1, and that the supplemental Project-specific QCP shall be submitted a minimum of 14 Days prior to any related work being performed with an initial review period of 7 Days.
Upon final approval of the QCP, t he Contractor shall provide 5 bound copies or an electronic version to the Departm ent. All Contractor QC person nel shall also be issued their own copy of the approved QCP. The Contractor shall communicate the applicable contents of the approved QCP to all Cont ractor and Subcontractor personn el involved in completing the work items covered by the QCP. The Contractor’s QCP shall consist of plans, procedures, respo nsibilities, authority, and an organizational structure that demonstrates that an effec tive level of QC will exist and
that the finished products will comply with all Contract requir ements. The Contractor shall provide all necessary QC inspection, sampling, and testing to i mplement the QCP. The QCP shall include an organizational structure and reporting req uirements that demonstrate that QC personnel have sufficient independence to allow them to be primarily concerned with quality, as opposed to schedule and budget. The individual administering the QCP shall be a full-time empl oyee of or a consultant engaged by the Contractor. The individual shall hav e full authority to institute any and all actions necessary for the successful implementation of the QCP. The Department will not sample or test for process control or a ssist in controlling the Contractor’s production operations. The Contractor shall provi de QC personnel and testing Equipment capable of providing a quality product that meets or exceeds the Contract requirements. Continued production of Non-conforming Work for a reduced price, instead of making adjustments to the production operations to bring wor k into conformance, is not allowed. 106.4.2 Quality Control Plan Requirements The QCP shall includ e, at a minimum, the following: Construction items covered by the QCP, as specified in the Co ntract Sampling location and techniques Tests and test methods Testing frequencies Inspection frequencies Detailed description of production and placement Equipment an d methods Documentation procedures, including: - Inspection and test records - Temperature measurements - Accuracy, calibration, or recalibration checks performed on p roduction or testing Equipment The QCP shall identify the Contractor’s QC personnel, includin g the company official ultimately responsible for the quality of the Work. T he Department’s QCP approval process may include inspection of testing Equipment and a sampling and testing demonstration by the Contractor’s QC inspector(s) to assure an acceptable level of performance. 106.4.3 Testing Qualified technicians in laboratories approved by the Department shall perform all QC testing covered by the QCP. Technician qualific ations shall be as described in the Contract for the corresponding item of Work. Laboratory facilities shall be clean, and all equipment shall be maintained in proper working condition. The Department shall be permitted unrestric ted access to inspect the Contractor’s laboratory facility. The Department will advise t he Contractor in writing of any noted deficiencies concerni ng the laboratory facility, equi pment, supplies, or testing
personnel and procedures. Deficiencies shall be grounds for th e Department to order an immediate stop to incorporating materials into the work until d eficiencies are corrected. Work already in place affected by QC deficiencies is Non-confor ming Work. The Contractor shall maintain original documentation of all in spections, tests (including all associated data such as measurements, weights, d ial readings, etc. used in the completion of the test), and calculations used to generate repo rts. The records shall indicate the nature, number, and type of deficiencies found, the quantit ies approved and rejected, and the nature of corrective actions taken. The Contractor shall m aintain standard testing Equipment and qualified personnel as required by the Contract. The QCP shall include the testing and record keeping requireme nts for each item as contained in the Contract. The number preceding each item refe rs to the item and specification number in the Standard Specifications. When testing requirements are not specified, the Contractor shall perform all testing and record keeping as recommended by the manufacturer, vendor, or supplier. If an item is required to be in t he QCP but the Contract does n ot specify testing requirements, the Contractor shall propose testing requirements in the QCP. The Contractor shall maintain Control Charts in a manner and l ocation acceptable to the Department. At a minimum, the Control Charts shall identif y the project number, the Pay Item number, each test parameter, the upper and lower contr ol limits applicable to each test parameter, and the running average of the last three Contr actor test results. The Contractor shall use the Control Charts as part of a process co ntrol system for identifying production and Equipment problems and for identifying potential quality reductions before they occur. Acceptable Control Charts are part of the approved QCP. After final records review, the Contractor will certify in wri ting to the Department that the project has been constructed and inspected, and all ma terials have been tested in accordance with the Contract. All Paving certs shall be submit ted on the Paving Company’s Letterhead. 106.4.4 QC Inspector Qualifications When a QCP is required, th e Contractor’s QC Inspectors shall hold all certifi cations from MCTCB or NETTCP t hat apply to the items included in the QCP. The Department may require the Contractor to remove Inspectors from the project who are not certified as required or who are o therwise unqualified or unable to fulfill their duties in a good and workmanlike manner. 106.4.5 Inspection Requirements The QCP shall cover all constr uction operations on the site and at off-site production facilities, keyed to the pr oposed construction materials, sequence and schedule. The QCP shall also identify QC personne l (including qualifications), procedures, controls, tests, records, and forms to be used. The Contractor shall provide a copy of each completed QC repor t to the Department by 1:00 PM on the Day following each construction activity, unl ess other arrangements are
made with the Resident. Failure to provide this report will co nstitute non-compliance with the QCP and the Contract. If an item is required to be in the QCP but QC Inspection requ irements are not specified in the Contract, the C ontractor shall propose inspection and record keeping requirements for such items in the QCP. 106.4.6 QCP Non-Compliance The Contractor shall comply with th e approved QCP and shall take all other steps necessary to assure a high quality p roject. Failure by the Contractor to comply with the approved Quality Control Plan will result in a letter describing the violation, a mandatory works uspension, and a reduction in payment as shown in Table 106.4A below. The Contractor shalls ubmit a letter to the Department that details the corrective action made to address t he violation(s) in its Quality Control Plan. Work may resume when the Department is satisfied the corrective action will result in adherence to the Quality Control Plan. Table 106.4 A - Quality Control Pay Reduction Quality Control Plan Value* Pay Reduction From More Than To and Including 1st 2nd 3rd & Subsequent $0 $500,000 $1,000 $2,000 $4,000 $500,000 $1,000,000 $2,000 $4,000 $8,000 $1,000,000 $3,000,000 $5,000 $10,000 $20,000 $3,000,000 and more $10,000 $20,000 $40,000 * The Quality Control Plan Value is the total Bid value of all items covered by a Quality Control Plan, as detailed in the applicable specification or Special Provision.
During all periods of the Contractor’s failure to follow the a pproved QCP, no positive pay incentives will be calculated or paid if the Depar tment accepts the Material. Pay reductions for failure t o comply with the approved QCP are cumulative, and the Department will deduct any pay reductions due from amounts othe rwise due the Contractor. These pay reductions are intended to encourage the Contractor t o comply with its approved QCP, and are not necessarily related to the quality of the mate rial provided.
106.5Quality Assurance The Department will conduct Quality A ssurance by:
-Review of QC Reports pr ovided by the Contractor. -Monitoring Contractor compliance with the QCP. -Random inspection of production, placement, and workmanship -Randomly accompanying the Contractor’s inspector during QC In spections/Testing. -Acceptance Verification and IA sampling and testing of Materials or completed Work.
The Department’s objective is a high quality project through a cooperative effort with the Contractor. Items that are to be buried, covered, are of high cost, or affect the long- term durability of the Work will receive extra attention in the QA effort. Unacceptable Work found by the Department’s Inspector will be brought to the attention of the Resident, who will determine what corrective a ction the Contractor will need to take. The Contractor shall schedule the corrective wor k with the Resident, and both the QC and Department’s Inspectors will witness the corrective action. Failure of the Contractor to correct unacceptable Work in a timely manner, as determined by the Department, may result in the withholding of progress payment(s ) or suspension of the Work, or both. The Contractor will not be eligible for either additional monetary compensation or a time extension should they fail to correct. If necessary for protection of the Work or for public convenience, the Department may accompli sh corrective Work by other means and deduct the cost from any monies due the Contrac tor. The Department may review and obtain copies of all QC test rep orts (including original test data), inspections reports, and control charts at all reasonable times without cost to the Department. If the Department decides to inspect the Materials or operatio ns at the plant, then the following conditions shall be met:
the producer with whom the Contr actor has arranged for the Mate rials.
are involved with the manufacture and production of the Materia ls being furnished.
building for the sole use of the Department. The building shal l be located near the plant and conform to the requirements of Section 639 - Engineering Facilities.
stockpiles, equipment, and operations.
106.6Acceptance The Department is responsible for determinin g the acceptability
of the Work. Acceptance of the Material is based on the visual inspection of the construction, monitoring of the Contractor’s QCP, and Acceptanc e Test results. Acceptance sampling and testing is the responsibility of the Department (u nless alternate procedures are specified) except for furnishing facilities, testing equipment, transportation, and Material samples as required. Acceptance of Hot Mix Asphalt Pavement will be based on Method A, B, or C Statistical Acceptance, or Method D (Small Quantity - Product V erification) as specified. The method of acceptance for each item is defined in Special Pr ovision, Section 403, Hot Mix Asphalt Pavement. When items of Hot Mix Asphalt Pavement are not so designated,
Method A will be utilized whenever there are more than 1000 tons per Hot Mix Asphalt Pavement item, and Method B will be utilized when there are less than or equal to 1000 tons per Hot Mix Asphalt Pavement item.
Acceptance of structural concrete will be based on Method A or B Statistical Acceptance, or Method C Verification. Items to be accepted under Method A, Method B, or Method C are defined in Special Provision, Section 502, Structu ral Concrete Acceptance Methods. When items of cast-in-place concrete are not so desig nated, Method B will be used when there are more than 10 cubic yards and Method C will be used when there are 10 cubic yards or less. The Department may reject Material that appears to be defectiv e based on visual inspection. No payment will be made for the Materials rejected by the Department. Prior to Contractor’s knowledge of the sample location, the Co ntractor may remove and replace defective Material at no cost to the Department. T he Department will sample, test, and evaluate new Material for acceptance.
Specifications described in Section 106.7 - Quality Level Analy sis and in Tables 106.7 A, along with specific information contained in the Divisions 400 and 500 Specifications, including Section 401 - Hot Mix Asphalt, Section 402 - Pavemen t Smoothness, and Section 502 - Structural Concrete. Pay Items specified to be sampled and tested under Statistical Acceptance methods will be evaluated for acceptance in accordance with the guideli nes specified for that Pay Item. All Acceptance Test results for a lot as defined in the Specification will be analyzed collectively and statistically by the Quality Level Analysis - Standard Deviation (Specification Conformance Analysis) Method using the procedures listed to determine the total estimated percent of the lot that is within specification limits. Quality Level Analysis (Specification Conformance Analysis) is a statistical procedure for estimating the percent compliance with a specification and is affected by shifts in th e arithmetic mean (x) and by the sample standard deviation (s). Analysis of test results wi ll be based on an Acceptance Quality Level (AQL) of 90.0, unless otherwise specified. AQL m ay be viewed as the lowest percent within the specification limits of a material that is a cceptable as a process average and receive 100% pay. The Department will exclude test results on Material not incorporated in the Work from the Quality Level Analysis. For items evaluated using Quality Level, and in the Department ’s sole discretion, a lot with a Quality Level of le ss than 50 percent within limits will be either (1) removed and replaced with acceptable Material at the Contractor’s expense, or (2) accepted and paid for at a Pay Factor determined by the Department. The Department m ay also reject Material with a Quality Level at or above this level, but such Material will be removed and replaced by the Contractor at the Department’s expense.
Verification testing to validate the quality of the material in corporated into the Project. The Contractor shall provide the Department with a CertificationLe tter that indicates that the material supplied complies with the Specifications. Test resul ts representative of the certified material shall be attached to the letter. The Department will randomly sample and test the certified Mat erial for properties noted in Table 1 of Section 502 - Structural Concrete or Table 8 of Section 401.20 - Acceptance. Material will be subject to rejection as noted in Structural Concrete Section
502.195 - Quality Assurance Method C Concrete or Hot Mix Asphal t, Section 401.204 -
Quality Assurance Method D.
106.7Quality Level Analysis
106.7.1 Standard Deviation Method Standard Deviation Method pr ocedures are as follows:
_____
_____ x = xi n W h e r e = summation of
x i = individual test value
n = t o t a l number of test values
__ s = S q u a r e r o o t o f ( xi - x )2 n-1 Where = summation of
x i = individual test values
_____ x = mean test value
n = total number of test values
U): _____ U S L - X Q U = s
Where USL = upper specification limit.
L):
_____ X-LSL Q L = s
Where LSL = lower specification limit.
U (percent within the upper Specification limit which corresponds to a given Q U) from Table 106.7 A.
Note: If a USL is not specified, P U will be 100. If the mean test value is equal to the USL, then PU will be 50 regardle ss of the computed value of s.
L (percent within the lower Specification limit which corresponds to a given Q L) from Table 106.7 A.
If the mean test value is equal to the USL, then PU will be 50 regardless of the computed value of s.
Note: If a LSL is not specified, P L will be 100.
Quality Level = (P U + P L) - 100
For items included in Sections 401 – Hot Mix Asphalt:
Method A: PF = [55 + (Quality Level * 0.5)] * 0.01 Method B: PF = [70 + (Quality Level * 0.33)] * 0.01 Method C: PF = [55 + (Quality Level * 0.5)] * 0.01 For items included in Section 402 – Pavement Smoothness: P F = [ 55 + (Quality Level * 0.5)] * 0.01 For items included in Section 502 – Structural Concrete: Method A: PF = [55 + (Quality Level * 0.5)] * 0.01 Method B: PF = [70 + (Quality Level * 0.33)] * 0.01 I. Determine the Composite Pay Factor (CPF) for each lot.
[f 1(PF 1)+f2(PF 2)+...f J(PF J)] CPF = f
Where f J = price adjustment factor listed in the specifications for the applicable property.
P F J = Pay Factor for the applicable property.
f = Sum of the “f” (price adjustment) factors.
Note: Numbers used in the above calculations shall be carried t o significant figures and rounded according to AASHTO Standard Recommended Practice R-11. 106.7.2 Statistical Outliers This procedure specifies how outl ying observations in sample test results will be evaluated for their statistical sig nificance. The Department will use this procedure for only those items that are specified to b e checked for outlying observations. An outlying observation or “outlier” is one that appears to de viate markedly from other sample test values in the lot. When specified, the procedure will determine whether any value is a statistical outlier. If a test result is found to be an outlier, the QA En gineer will investigate the outlying value to determine if it should be retained or discarded. The investigation will include but not be limited to an examination of all available t est data and inspection reports relating to the questionable test result, possible additional t esting, and discussions with appropriate Contractor and Department personnel. If the investi gation concludes that an assignable cause cannot be determined for the outlying value, i t will be discarded; otherwise, it will be retained for pay factor determination. Procedure
__
lot.
______ ______ MAX = x + D MIN = x - D
investigate any outlying values before determining the Pay Fact or for that lot.
Table 106.7 A - Quality Level Analysis by the Standard Deviation Method Upper Quality Index QU or Lower Quality Index QL P U n = 1 0 n = 1 2 n = 1 5 n = 1 9 n = 2 6 n = 3 8 n = 7 0 n = 201 O r t o t o t o t o t o t o t o t o PL %* n = 3 n = 4 n = 5 n = 6 n = 7 n = 8 n = 9 n = 11 n = 14 n = 18 n = 25 n = 37 n = 69 n = 200 n = x 100 1.16 1.50 1.79 2.03 2.23 2.39 2.53 2.65 2.83 3.03 3.20 3.38 3.54 3.70 3.83 99 1.47 1.67 1.80 1.89 1.95 2. 00 2.04 2.09 2.14 2.18 2.22 2.26 2.29 2.31 98 1.15 1.44 1.60 1.70 1.76 1.81 1.84 1.86 1.91 1.93 1.96 1.99 2.01 2.03 2.05 97 1.41 1.54 1.62 1.67 1.70 1. 72 1.74 1.77 1.79 1.81 1.83 1.85 1.86 1.87 96 1.14 1.38 1.49 1.55 1.59 1.61 1.63 1.65 1.67 1.68 1.70 1.71 1.73 1.74 1.75 95 1.35 1.44 1.49 1.52 1.54 1. 55 1.56 1.58 1.59 1.61 1.62 1.63 1.63 1.64 94 1.13 1.32 1.39 1.43 1.46 1.47 1.48 1.49 1.50 1.51 1.52 1.53 1.54 1.55 1.55 93 1.29 1.35 1.38 1.40 1.41 1. 42 1.43 1.44 1.44 1.45 1.46 1.46 1.47 1.47 92 1.12 1.26 1.31 1.33 1.35 1.36 1.36 1.37 1.37 1.38 1.39 1.39 1.40 1.40 1.40 91 1.11 1.23 1.27 1.29 1.30 1.30 1.31 1.31 1.32 1.32 1.33 1.33 1.33 1.34 1.34 90 1.10 1.20 1.23 1.24 1.25 1.25 1.26 1.26 1.26 1.27 1.27 1.27 1.28 1.28 1.28 89 1.09 1.17 1.19 1.20 1.20 1.21 1.21 1.21 1.21 1.22 1.22 1.22 1.22 1.22 1.23 88 1.07 1.14 1.15 1.16 1.16 1.16 1.17 1.17 1.17 1.17 1.17 1.17 1.17 1.17 1.17 87 1.06 1.11 1.12 1.12 1.12 1.12 1.12 1.12 1.12 1.12 1.12 1.12 1.12 1.13 1.13 86 1.04 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 1.08 85 1.03 1.05 1.05 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 1.04 84 1.01 1.02 1.01 1.01 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.99 0.99 0.99 83 1.00 0.99 0.98 0.97 0.97 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.95 0.95 0.95 82 0.97 0.96 0.95 0.94 0.93 0.93 0.93 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 81 0.96 0.93 0.91 0.90 0.90 0.89 0.89 0.89 0.89 0.88 0.88 0.88 0.88 0.88 0.88 80 0.93 0.90 0.88 0.87 0.86 0.86 0.86 0.85 0.85 0.85 0.85 0.84 0.84 0.84 0.84 79 0.91 0.87 0.85 0.84 0.83 0.82 0.82 0.82 0.82 0.81 0.81 0.81 0.81 0.81 0.81 78 0.89 0.84 0.82 0.80 0.80 0.79 0.79 0.79 0.78 0.78 0.78 0.78 0.77 0.77 0.77 77 0.87 0.81 0.78 0.77 0.76 0.76 0.76 0.75 0.75 0.75 0.75 0.74 0.74 0.74 0.74 76 0.84 0.78 0.75 0.74 0.73 0.73 0.72 0.72 0.72 0.71 0.71 0.71 0.71 0.71 0.71 75 0.82 0.75 0.72 0.71 0.70 0.70 0.69 0.69 0.69 0.68 0.68 0.68 0.68 0.68 0.67 74 0.79 0.72 0.69 0.68 0.67 0.66 0.66 0.66 0.66 0.65 0.65 0.65 0.65 0.64 0.64 73 0.76 0.69 0.66 0.65 0.64 0.63 0.63 0.63 0.62 0.62 0.62 0.62 0.62 0.61 0.61 72 0.74 0.66 0.63 0.62 0.61 0.60 0.60 0.60 0.59 0.59 0.59 0.59 0.59 0.58 0.58 71 0.71 0.63 0.60 0.59 0.58 0.57 0.57 0.57 0.57 0.56 0.56 0.56 0.56 0.55 0.55 70 0.68 0.60 0.57 0.56 0.55 0.55 0.54 0.54 0.54 0.53 0.53 0.53 0.53 0.53 0.52 69 0.65 0.57 0.54 0.53 0.52 0.52 0.51 0.51 0.51 0.50 0.50 0.50 0.50 0.50 0.50 68 0.62 0.54 0.51 0.50 0.49 0.49 0.48 0.48 0.48 0.48 0.47 0.47 0.47 0.47 0.47 67 0.59 0.51 0.47 0.47 0.46 0.46 0.46 0.45 0.45 0.45 0.45 0.44 0.44 0.44 0.44 66 0.56 0.48 0.45 0.44 0.44 0.43 0.43 0.43 0.42 0.42 0.42 0.42 0.41 0.41 0.41 65 0.52 0.45 0.43 0.41 0.41 0.40 0.40 0.40 0.40 0.39 0.39 0.39 0.39 0.39 0.39 64 0.49 0.42 0.40 0.39 0.38 0.38 0.37 0.37 0.37 0.37 0.36 0.36 0.36 0.36 0.36 63 0.46 0.39 0.37 0.36 0.35 0.35 0.35 0.34 0.34 0.34 0.34 0.34 0.33 0.33 0.33 62 0.43 0.36 0.34 0.33 0.32 0.32 0.32 0.32 0.31 0.31 0.31 0.31 0.31 0.31 0.31 61 0.39 0.33 0.31 0.30 0.30 0.29 0.29 0.29 0.29 0.29 0.28 0.28 0.28 0.28 0.28 60 0.36 0.30 0.28 0.27 0.27 0.27 0.26 0.26 0.26 0.26 0.26 0.26 0.26 0.25 0.25 59 0.32 0.27 0.25 0.25 0.24 0.24 0.24 0.24 0.23 0.23 0.23 0.23 0.23 0.23 0.23 58 0.29 0.24 0.23 0.22 0.21 0.21 0.21 0.21 0.21 0.21 0.20 0.20 0.20 0.20 0.20 57 0.25 0.21 0.20 0.19 0.19 0.19 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 56 0.22 0.18 0.17 0.16 0.16 0.16 0.16 0.16 0.16 0.15 0.15 0.15 0.15 0.15 0.15 55 0.18 0.15 0.14 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 54 0.14 0.12 0.11 0.11 0.11 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 53 0.11 0.09 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 52 0.07 0.06 0.06 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 51 0.04 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.02 50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Note: For negative values of QU or QL, PU or PL is equal to 100 minus the table value for PU or PL. If the value of QU or QL does not correspond exactly to a figure i n the table, use the next higher figure. * Within limits for positive values
Table 106.7 B - Values of t
n t 3 1.155 4 1.481 5 1.715 6 1.887 7 2.020 8 2.126 9 2.215 10 2.290 11 2.355 12 2.412 13 2.462 14 2.507 15 2.549 16 2.585 17 2.620 18 2.651 19 2.681 20 2.709 21 2.733 22 2.758 23 2.781 24 2.802 25 2.822 26 2.841 27 2.859 28 2.876 29 2.893 30 2.908
106.7.3 Early Termination of Lots In the event a lot in progr ess is terminated prematurely before the Department is able to take the number of acceptance samples required by the test method specified in the Contract, the foll owing will apply as applicable unless otherwise detailed in the specifications for the item:
available samples results for the lot.
prior to three samples being taken, then each property’s payfac tor will be set to 0.80.
then each property’s payfactor will be set to 1.00 for each pro perty.
106.8.1 Substantially Conforming Work If the Department determ ines the Work substantially conforms to the Contract, the Department may acce pt the Non-conforming Work and may require a credit to the Department to be deducted from amounts otherwise due the Contractor. If the Depa rtment and Contractor cannot ag ree to the amount of the credit, the work shall be Unacceptable Work. 106.8.2 Unacceptable Work The Contractor shall remove, replace , or otherwise correct all Unacceptable Work as directed by the Department at the expe nse of the Contractor, without cost or liability to the Department. 106.8.3 Unauthorized Work Prior to Final Acceptance and upon w ritten order by the Department, the Contractor shall remove or uncover Unauthorized Work. After examination, the Contractor shall rebuild the Unauthorized Work to a condition conforming to the Contract at the expense of the Contractor and without co st or liability to the Department. Any Delay arising fro m Unauthorized Work shall be an Inexcusable Delay. 106.8.4 Uninspected Work Prior to Final Acceptance and upon wr itten order by the Department, the Contractor sha ll uncover Uninspected Work. After examination, the Contractor shall rebuild the Uninspected Work to a condition co nforming to the Contract. If the Department determines that the Uninspected Work is acceptable, the uncovering, removing, and rebuilding will be paid as Extra Work, and any re sulting Delay shall be an Excusable Delay. If the Department reasonably determines that the Uninspected Work is unacceptable, the uncovering, removing, and rebuilding shall be at the Contractor’s expense and any resulting Delay shall be an Inexcusable Delay.
106.9Warranty Provisions
106.9.1 Warranty By Contractor The Contractor unconditionally warrants and guarantees that the project will be free from Warranty Defects for one year from the date of Physical Work Complete. For a related provision, see Section 1 07.9.3 – Notices / Final Inspection / Physical Work Completion. If the Department discovers any Warranty Defects during the wa rranty period, the Contractor agrees to promptly perform all remedial Work at no a dditional cost or liability to the Department. For a related provision regarding obligations regarding planti ngs, see Section
621.0036 - Establishment Period
106.9.2 Warranty Definitions Notwithstanding any other provisi on of the Contract, the following words or phrases have t he following definitions for t he purposes of the Contractor’s warranty obligation under this Contract. Warranty Defects Warranty Defects are conditions that result from Material, manufacture, or workmanship and that are not in conformity with the Contract or with industry standards applicable to the Work prevailing at the tim e of submission of the Bid.
Warranty Defects do not include ( A) normal wear and tear, (B) c onditions caused by occurrences clearly beyond the Contractor’s control and not att ributable to material, manufacture, or workmanship, and (C) Defects in landscape items that are the subject of Landscape Establishment Period Obligations. Examples of such e xcepted occurrences might be fires, floods, abnormally poor weather for the site of work, accidents, improper use, improper maintenance, vandalism, or acts of God. Emergency “Emergency” means necessary for public safety or co nvenience, as determined by the Department. Promptly Unless there is an Emergency, “Promptly” means in th e first construction season after the Contractor has been notified of the defect(s), but always within one year of Receipt of such notice. In case of an Emergency, Promptly means within 48 hours. Remedial Work “Remedial Work” means all Work necessary to mak e the item in like new condition as reasonably determined by the Department a nd performed in accordance with the Contract and in a good and skillful manner. Remedial Work includes all design, permitting, project management, supervision, materials, and labor, including erosion control and traffic control. 106.9.3 Remedial Work Procedure and Requirements Within 30 Days of being notified of any Warranty Defects, the Contractor shall submit to the Dep artment for approval a Remedial Work Plan, including the scope of Work, conceptual Wor k methods, schedule, construction phasing, and other significant aspects of the corr ective Work (the “Work Plan”). Unless otherwise provided by the Department in writing , any Work commenced prior to Department’s approval of the Work Plan will be at the Contractor’s sole risk. Before starting any on-site Work, the Contractor shall deliver to the Department certificates of insurance complying with Section 110.3 - Insurance. If the estimated cost of Remedial Work exceeds $100,000, the Contractor shall provide Performance and Payment Bonds complying with Section 110.2 - Performance and Payment Bonds. If (A) the Contractor fails to submit a Remedial Work Plan, (B ) the Contractor does not comply otherwise with written instructions from the Departm ent, or (C) a State of emergency exists in which Dela y would cause serious risk of loss or damage, then the Department may perform or contract for such remedial work and t he Contractor will be responsible for all claims, costs, damages, losses, and expenses arising out of such work, including fees and charges of engineers, consultants, attorneys , dispute resolution professionals, and court costs. Upon a final inspection satisfactory to the Department, the De partment will issue a written acceptance of the Remedial Work. The Contractor warran ts and guarantees all Remedial Work to be free from W arranty Defects for one year after such acceptance. 106.9.4 Other Warranty Provisions The Contractor hereby assig ns to the Department the right to enforce all manufacturer’s warranties o r guarantees on all Materials,
Equipment, or products purchased for the Work that exceed the n ature or duration of the warranty obligations assumed by the Contractor under this Contr act. The Performance Bond and/or Warranty Bond required by Section 110.2.1 - Bonds shall cover all warranty obligations of the Contractor provided by this Contract. Final Acceptance by the Department does not relieve the Contractor of any warranty obligations provided by this Contract. The Contractor agrees that the warranty obligations provided b y this Contract shall be reported as an outstanding obligation in the event of bankru ptcy, dissolution, or the sale, merger, or cessation of operations of the Contractor.
Scope of Section This Section contains general time-related p rovisions of the Contract, including the Contract Time, allowable Work times, sc hedule requirements, Liquidated Damages, and Project Closeout.
107.1Contract Time and Contract Completion Date All Work mus t be Complete by
the Contract Completion Date and within the Contract Time. Unl ess expressly provided otherwise by the Department in writing, the Contract Time shall be all time between the Contract Execution and the Compl etion date specified in the Con tract, and any authorized extensions.
107.2Commencement of Contract Time and Work Unless provided elsewhere in
this Contract or in writing from the Department, the Contract T ime will commence on the date of Contract Execution. For related provisions, see Sectio ns 101.2 - Definitions of Contract Execution and 103.8 - Execution of Contract by the Dep artment. Unless specified otherwise, Work may commence upon Contract Ex ecution, unless the Contractor has not secured and provided the Performance and Payment Bonds and Insurance Certificates required by Sections 103.5 - Award Conditions, 110.2 - Bonding, and 110.3 - Insurance. Any Work performed before the requirements of these sections are met is Unauthorized Work and is at the sole risk of the Contractor. P ursuant to Section 110.1 - Indemnification, the Contractor and Surety shall indemnify and hold harmless the Department from any claims arising from Work.
107.3Allowable Work Times
107.3.1 General Work can be performed at any time except Sund ays and Holidays, unless expressly specified otherw ise in this Contract, includin g any applicable Permit conditions. If a Holiday occurs on a Sunday, the following Mon day shall be considered a Holiday. Sunday or Holiday Work must be approved by the Department, except that the Contractor may work on Martin Lut her King Day, President’s Day, Patriot’s Day, the Friday after Thanksgiving, and Indigenous P eoples Day without the Depa rtment’s approval.