27 SECTION 106
106.01 Source of Supply and Quality Requirements. Furnish all materials required to complete the work,
except materials that are designated in the Special Provisions to be furnished by the Department as specified in Subsection 106.11. Only incorporate materials conforming to the requirements of the specifications in the work. Furnish and use new materials unless otherwise specified. Manufacture, handle and use materials in a workmanlike manner to ensure completed work according to the plans and specifications. Give notification of proposed sources of material a minimum of 30 days in advance of their use to enable the Engineer to properly inspect, sample, and test said sources of material. If it is found after trial that sources of supply for previously approved materials do not produce uniform and satisfactory products, or if the product from any source proves unacceptable at any time, furnish satisfactory materials from other sources. Furnish without charge such samples as may be required. Inspection and tests will be made, but it is understood that such inspections and tests, if made at any point other than the point of incorporation in the work, in no w ay shall be considered as a guarantee of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made. Reports and records of inspections made and tests performed may be examined. Deliver manufacturer’s warranties, guarantees, instruction sheets , and parts lists, which are furnished with certain articles or materials incorporated in the work, before acceptance of the contract. Do not use materials that are past the expiration date or have exceeded the shelf life indicated in the manufacturer’s technical data sheets. A Qualified Products List (QPL) may be obtained from NDOT Administrative Services, 1263 S. Stewart Street, Carson City, Nevada 89712, phone (775) 888-7070. The QPL is a list of manufactured products available on the market that have been evaluated and determined suitable for a specified use. The Spec Number in the QPL corresponds to the Subsection in the Standard Specifications or the Special Provisions where the item is specified. The Contractor’s procurement and use of products is limited to those listed in the QPL or to those products meeting current specifications. Submit sufficient product information with any request for approval to use a product other than those listed. Products listed in the QPL shall be restricted to use in the category in which they are listed and shall be installed as recommended by the manufacturer. Replace any qualified products not conforming to specifications, or which are improperly handled or installed.
106.02 Local Materials. Local material is rock, soil, or other mineral material, including borrow, selected
borrow, or other selected material, obtained or produced from sources in the vicinity of the work specifically for use on the project. Furnish local materials from any source, except when a mandatory source is designated in the Special Provisions. Contact the Nevada Division of Environmental Protection (NDEP) to obtain a Change of Location Application (COLA) prior to entry into any material site that the Department has an application with the BLM for the rights to mine materials. A COLA will not be issued for any Department furnished source until the apparent low bidder has been confirmed by NDEP. Imported material shall comply with Federal, State, or local regulations and requirements. Material imported for use shall not originate from an uncontrolled hazardous waste site, or similar site as defined by Federal, State, or local regulation or definition, unless it meets necessary Federal, State, or local regulations and agency determinations. Contaminated, regulated, or hazardous materials, as defined by Federal, State, or local regulation or definition, shall not be imported for use. 106 CONTROL OF MATERIAL 28 Do not excavate mate rial deposits where the resulting scars will present an unsightly appearance from any highway, unless such deposit is approved in writing. Do not encroach pit operations within 7.6 m (25 ft) of highway right of way. The following requirements shall apply to all material sites used on the project regardless of whether such material sites are located on private or public lands:
a.Before removing any material for construction purposes, strip and stockpile the top 150 mm (6 in.) of material in such a manne r that it may later be used to cover the excavated area as directed in subparagraph
c.below.
b.Before completion of the project, reclaim the area disturbed by use on this project by scarifying/ripping/tilling the entire disturbed area, then recontouri ng the slopes to a maximum 1:3 (3:1) gradient. Grade the bottom or floor of the excavated area to present a neat and uniform appearance, with no areas subject to ponding water. Perpetuate natural drainage and cover all disturbed areas with the stockpiled t opsoil.
c.Place aggregate waste (except for brush removed from the deposit area) resulting from operations in the deposit area on the floor of the deposit area and shape to blend therewith. Do not place material containing bituminous products in the dep osit area. After all waste material has been placed on the floor of the pit and the sides and bottom of the excavated area have been shaped as specified, uniformly distribute the material excavated and stockpiled as required in subparagraph (a) over the en tire excavated area in such a manner that the area will present a satisfactory neat and uniform appearance. Mulch and mix brush removed from the deposit area with the top 150 mm (6 in.) of material as it is spread over the deposit area or otherwise dispose of said brush in a satisfactory manner. Do not burn brush. Reseed the newly replaced topsoil with a native plant seed mix, which is noxious weed free and approved by the Bureau of Land Management (BLM) and the Nevada Division of Forestry (NDF). Before see ding, receive written approval from BLM and NDF for the method and rate of application for the seed mixture.
d.Apply the requirements outlined above, pertaining to removing, stockpiling, and relaying the top 150 mm (6 in.) of material to areas first exc avated on the project and not to areas previously excavated where all topsoil has been removed.
e.Accomplish the work required herein before completion of the project and at no cost to the Department. Make, at own expense, any and all arrangements necessary for hauling over local, public or private roads or property from any source. Do not use or disturb existing aggregate stockpiles within U.S. Government or Department -furnished sources unless granted permission in writing. Be solely responsible in determining the type and quantity of equipment in addition to estimating the necessary work required for producing a material meeting all specification requirements obtained from any material source. Variation in both quantity and quality of material o btained from a material deposit is a normal occurrence and shall be expected. Be solely responsible in determining the use of any material site for production of project materials. The Department will not pre -qualify nor quantify existing material within any deposit. If electing to use any material source, be solely responsible in determining if an adequate quantity of useable materials meeting specification requirements exists within the material deposit. During the bidding process, address any and all concerns associated with any material source’s quality and/or quantity necessary to meet project needs. Any data the Department may have on file regarding material sites is solely for informational purposes and is not a warranty of the quality or quantity o f existing materials within any deposit. Be solely responsible for interpreting or evaluating any testing reports. Through supplying this data, the Department is not representing that a bidder should necessarily expect to produce any materials correspondin g with those previously produced by others or expect to produce any specification products from the material source. Any data currently on file may be reviewed at the Department’s Materials Division, 1263 S. Stewart Street, Carson City, Nevada 89712, phone (775) 888 -7520. The data on file with the Department is not a part of the contract documents. The data may be incomplete and/or out of date. Be advised to check dates upon which any data was compiled and take into account the possibility that certain mate rials found in prior testing may have subsequently been removed from the site. Be advised that only CONTROL OF MATERIAL 106 29 limited testing or evaluation of materials in any deposit may have been performed. Actual inspection and testing is necessary to determine quantities availa ble and evaluate means and methods required to achieve project requirements. The foregoing is applicable to data on file for all sources, including sources designated as mandatory. Understand, that during the life of this contract, other contractors worki ng on other State projects, may be allowed the use of the material deposits. In the event other contractors use a deposit concurrently, coordinate operations with the other contractors in such a manner that all requirements, restrictions, and stipulations specified in the Standard Specifications and the Special Provisions are met.
106.03 Possible Local Material Sources. Contact the local Bureau of Land Management (BLM) Office at least
one month before using any material source under the jurisdiction of the BLM. The contact is to allow BLM the option to salvage plants on undisturbed lands expected to be utilized. Coordinate use of the material source with any BLM plant salvage operations. To the maximum practicable extent, avoid existing pinion trees, junipe r trees, joshua trees, and cactus on such material sites. If desiring to use materials from sources other than those described in Subsection 106.02 of the Special Provisions, acquire at own expense, the necessary right to take material and obtain all othe r necessary permits and approvals and comply with all the requirements and stipulations in effect by other governing agencies having jurisdiction over the area, and pay all costs involved, including any which may result from an increase in length of haul. Bear all costs of exploring and developing such alternate sources. Do not use material from such sources until representative samples taken by the Engineer have been approved and written authority issued for the use thereof. Should such alternate source b e located on U.S. Government owned land, make application to the Bureau of Land Management or other responsible agency for the right to remove materials therefrom and submit the required request for exploration permit, mining plan and/or other documents re quired by the agency involved. Proposed alternate material sources shall be noxious weed free. If electing to use an alternate source as provided in these specifications, and such alternate source is located on privately owned lands, satisfy the requirements of subparagraphs (a) through (d) listed below. The Department will not provide source acceptance testing until the requirements of subparagraphs (a) and (b) have been met. Upon satisfactory completion of these items, written approval will be g iven and shall constitute approval of the site as an alternate source, provided all other applicable requirements of these specifications are complied with.
a.Procure all necessary permits and clearances for the proposed site. These clearances shall inc lude environmental and cultural resource clearances pursuant to the National Environmental Policy Act (NEPA) and the National and Historic Preservation Act (36 CFR 800). Insure that the clearances cover the entire site including any haul roads and/or other affected areas such as pipelines, storage areas, etc. Upon completion of the clearance reports, provide three copies of each report to the Engineer. The reports will be forwarded to the Department’s Environmental Services Division (ESD) for review and sub mission to external regulatory agencies as appropriate. Once the clearances have been obtained, the ESD will notify the Engineer that the Contractor may proceed with the use of the proposed site. Do not begin operations until given notification in writing.
b.Provide 3 certified copies of the written agreement entered into between Contractor and Landowner. Terms of agreement shall include landowners consent to the performance of the work and operation required in Subsection 106.02, subparagraphs (a) thro ugh (e) inclusive. Terms of agreement shall hold harmless the Department for all material source operations.
c.Seed and fertilize the excavated area and haul roads upon completion of materials extraction.
d.Provide written evidence at completion of p roject, that the landowner has accepted the post construction condition of the site and that all terms of the agreement have been met. If electing to use an alternate source as provided in these specifications, and such source is located on land under the jurisdiction of the Bureau of Land Management see new Part 23 of Title 43 Code of Federal Regulations titled “Surface Exploration, Mining and Reclamation of Lands.” This regulation pertains to all exploration, developing , and obtaining material from said alternate deposits located upon land under the jurisdiction of the Bureau of Land Management. A pertinent portion of this Part 23 is included below. In addition, satisfy the requirements of subparagraph (a) above. 106 CONTROL OF MATERIAL 30 §23.8 Approval of mining plan.
a.1. Before surface mining operations may commence under any permit or lease issued under the mineral leasing acts the operator must file a mining plan with the mining supervisor and obtain his approval of the plan. Paragraphs (b) through (g) of this Section con fer authority upon mining supervisors with respect to mining plans pertaining to permits or leases issued under the mineral leasing acts. The mining supervisor shall consult with the district manager with respect to the surface protection and reclamation a spects before approving said plan.
2.Before surface mining operations may commence under any permit issued or contract made under the Materials Act, the operator must file a mining plan with the district manager and obtain his approval of the plan. Parag raphs (b) through (g) of this Section confer authority upon district managers with respect to mining plans pertaining to permits issued or contracts made under the Materials Act.
b.Depending on the size and nature of the operation and the requirements e stablished pursuant to § 23.5, the mining supervisor or the district manager may require that the mining plan submitted by the operator include any or all of the following:
1.A description of the location and area to be affected by the operations;
2.Two copies of a suitable map, or aerial photograph showing the topography, the area covered by the permit, lease, or contract, the name and location of major topographic and cultural features, and the drainage plan away from the area to be affected;
3.A statement of proposed methods of operating, including a description of proposed roads or vehicular trails; the size and location of structures and facilities to be built;
4.An estimate of the quantity of water to be used and pollutants that are expected to enter any receiving waters;
5.A design for the necessary impoundment, treatment or control of all runoff water and drainage from workings so as to reduce soil erosion and sedimentation and to prevent the pollution of receiving waters;
6.A descriptio n of measures to be taken to prevent or control fire, soil erosion, pollution of surface and ground water, damage to fish and wildlife, and hazards to public health and safety; and
7.A statement of the proposed manner and time of performance of work to reclaim areas disturbed by the holder’s operation.
c.In those instances in which the permit, lease, or contract requires the revegetation of an area of land to be affected the mining plan shall show:
1.Proposed methods of preparation and fertilizing t he soil before replanting;
2.Types and mixtures of shrubs, trees, or tree seedlings, grasses or legumes to be planted; and
3.Types and methods of planting, including the amount of grasses or legumes per acre, or the number and spacing of trees, or tree seedlings, or combinations of grasses and trees.
d.In those instances in which the permit, lease, or contract requires regrading and backfilling, the mining plan shall show the proposed methods and the timing of grading and backfilling of areas to be a ffected by the operation.
e.The mining supervisor or the district manager shall review the mining plan submitted to him by the operator and shall promptly indicate to the operator any changes, additions, or amendments necessary to meet the requirements formulated pursuant to § 23.5, the provisions of the regulations in this part and the terms of the permit, lease, or contract. The operator shall comply with the provisions of an approved mining plan.
f.A mining plan may be changed by mutual consent of the mining supervisor or the district manager and the operator at any time to adjust to changed conditions or to correct any oversight. To obtain approval of a change or supplemental plan the operator shall submit a written statement of the proposed change s or CONTROL OF MATERIAL 106 31 supplement and the justification for the changes proposed. The mining supervisor or the district manager shall promptly notify the operator that he consents to the proposed changes or supplement or, in the event he does not consent, he shall specify t he modifications thereto under which the proposed changes or supplement would be acceptable. After mutual acceptance of a change of a plan the operator shall not depart therefrom without further approval.
g.If circumstances warrant, or if development of a mining plan for the entire operation is dependent upon unknown factors which cannot or will not be determined except during the progress of the operation, a partial plan may be approved and supplemented from time to time. The operator shall not, however , perform any operation except under an approved plan. § 23.9 Performance bond.
a.1. Upon approval of an exploration plan or mining plan, the operator shall be required to file a suitable performance bond of not less than $2,000 with satisfactory suret y, payable to the Secretary of the Interior, and the bond shall be conditioned upon the faithful compliance with applicable regulations, the terms and conditions of the permit, lease, or contract, and the explorations or mining plan as approved, amended or supplemented. The bond shall be in an amount sufficient to satisfy the reclamation requirements of an approved exploration or mining plan, or an approved partial or supplemental plan. In determining the amount of the bond consideration shall be given to t he character and nature of the reclamation requirements and the estimated costs of reclamation in the event that the operator forfeits his performance bond.
2.In lieu of a performance bond an operator may elect to deposit cash or negotiable bonds of the U.S. Government. The cash deposit or the market value of such securities shall be equal at least to the required sum of the bond.
b.A bond may be a nationwide or statewide bond which the operator has filed with the Department under the provisions of the applicable leasing regulations in Subchapter C of Chapter II of this title, if the terms and conditions thereof are sufficient to comply with the regulations in this part.
c.The district manager shall set the amount of a bond and take the necessary act ion for an increase or for a complete or partial release of a bond. He shall take action with respect to bonds for leases or permits only after consultation with the mining supervisor.
d.Performance bonds will not be required of Federal, State , or other governmental agencies. Where the exploration or mining is actually performed for such Federal, State, or governmental agencies by a Contractor who would have to post a bond under the terms of paragraph (a) of this Section if the Contractor were the operat or, such agencies shall require the Contractor to furnish a bond payable to the United States which meets the requirements of paragraph (a) of this Section. If, for some other purpose, the Contractor furnishes a performance bond, an amendment to that bond which meets the requirements of paragraph (a) of this Section will be acceptable in lieu of an additional or separate bond. Actual conditions and/or additional requirements shall be established by the governing Bureau of Land Management office. Comply with the Bureau of Land Management’s requirements of the General Surface Protection Clause as set forth herein for all deposits located on land under the jurisdiction of the Bureau of Land Management. General Surface Protection Clause Protection of surface natural resources, and improvements. Take such reasonable steps as may be needed to prevent operations on the servient lands from unnecessarily: (1) causing or contributing to soil erosion or damaging crops, including forage, and timber growth t hereon or on Federal or non -Federal lands in the vicinity; (2) polluting air and water; (3) damaging improvements owned by the United States or other parties; or (4) destroying, damaging or removing vertebrate fossils, historic or prehistoric ruins or arti facts; and before completion of the project or at any other time prior thereto when required and to the extent deemed necessary by the Bureau of Land Management to fill any pits, ditches and other excavations, remove or cover all debris, and so far as reas onably possible, restore the surface of the land and any access roads to their former conditions, including the removal of structures as and if required. 106 CONTROL OF MATERIAL 32 Antiquities and objects of historic value. When American antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins, vertebrate fossils or artifacts, are discovered in the performance of the work, the item(s) or condition(s) will be left intact and immediately brought to the attention of th e district manager or his authorized representative. Upon written confirmation from the Bureau of Land Management to utilize alternate source, written approval shall be given and shall constitute approval of the site as an alternate source, provided all o ther applicable requirements of these specifications are complied with. Where the Department has made arrangements with owners of land in the vicinity of a project for obtaining material from an owner’s property, such arrangements are made solely for the purpose of providing all bidders an equal opportunity to obtain material from such property. Upon written request, the documents evidencing such arrangements between property owners and the Department may be inspected. Any rights that have been obtained, under such arrangements may be exercised subject to and upon the conditions hereinafter set forth. It is expressly understood and agreed that the Department assumes no responsibility to the bidder or Contractor whatsoever in respect to the Department’s arr angements made with the property owner to obtain materials therefrom and the Contractor shall assume all risks in connection with the use of such property. The inclusion of documents setting forth the arrangements made with some property owners for obtain ing material from such owners properties as set forth in Subsection 106.02 shall not in any respect operate as a waiver of any of the provisions in this Subsection concerning said documents. Make such independent investigation and examination as deemed ne cessary to be satisfied as to the rights, duties, and obligations acquired or undertaken under such an arrangement with the property owner. Do not obtain material from such property unless first having either:
a.Executed a document that will guarantee to hold such owner harmless from all claims for injury to persons or damage to property resulting from the Contractor’s operations on the property owner’s premises and also agree to conform to all other provisions set forth in the arrangement made between the Department and the property owner. Said document will be prepared by the Engineer for execution by the Contractor; or
b.Entered into an agreement with the owner of the material source on any terms mutually agreeable to the owner and the Contractor, and furnished a release, in a satisfactory form, executed by the owner, relieving the Department of any and all obligations under the Department’s arrangement with the owner. Requirements as set forth in this Subsection for alternate sources located on pri vately owned lands shall apply. If electing to obtain material under (a), subject the use of such site to the terms, conditions and limitations of the arrangement made between the property owner and the Department and pay such charges as are provided for in the arrangement made by the Department with the property owner. Before final acceptance of the contract, submit written evidence that the owner of the material source is satisfied that the Contractor has satisfactorily complied with the provisions of t he arrangement between the Department and the owner. If entering upon any of the areas withdrawn or otherwise obtained by the Department from the U.S. Government, determine the rights of others in the area. Do not encroach on easements of others without t heir written permission and assume the responsibility for any damages due to entering said area. In addition, be bound by the terms, conditions and reservations contained in the approved application for withdrawal. Materials to be incorporated in the cont ract may come from (a) Department -furnished sources, or (b) Contractor -furnished sources.
a.Department -furnished sources. The Department may acquire and make available the use of material pits, quarry sites, rip rap sources, stockpile sites, plant sites and haul roads.
b.Contractor -furnished sources. If electing to use material from sources other than those listed as available, acquire the necessary rights to take materials from the sources and bear all costs related thereto. Pay all costs for options or guarantees for pits moved from or not used. CONTROL OF MATERIAL 106 33 Do not use material from such sources until representative samples, taken by the Engineer, prove that the material meets all applicable specifications and design requirements, and the Department certifies in writing that the material meets all of the design criteria used for the approval of the source set up on the plans. The Department will assume the cost of processing samples to determine the suitability of Contractor -furnished material. Where the Departm ent has obtained the right to remove materials from lands owned or controlled by the U.S. Government, by withdrawal or otherwise, and these areas are designated and set forth in the Special Provisions, entry upon and removal of materials for use on this co ntract only is allowed, without further permission from the U.S. Government, except as follows: Comply with all Federal, State , and local laws, ordinances, rules, regulations, zoning, etc., and obtain all licenses, permits and pay all costs in relation th ereto. There will be no adjustment in contract unit prices bid, or any adjustment of the contract time allowed due to the use of designated deposits. The Department may, grant written permission to enter on, and remove materials from, areas withdrawn or otherwise obtained by the Department, but not designated in the Special Provisions. Approval to use any nondesignated source shall be subject to the fol lowing conditions:
a.No such request will be considered before award of the contract.
b.No such request will be considered unless it is accompanied by a written proposal which must show a substantial benefit to the public. The Department reserves the right to reject any proposal.
c.Approval or rejection of any proposal will not be considered sufficient cause for any claim or any adjustment of the contract time.
d.If the proposal is accepted, the Department will execute a contract change order se tting forth the terms and conditions regarding the use of said deposit(s). Once the contract change order has been fully executed, the successful bidder may proceed under the conditions contained therein. In the event approval to use nondesignated sources results in a net cost savings, the Contractor shall receive 50% and the Department 50%.
e.It is mutually understood and agreed by both parties to the contract, that the Department cannot guarantee the use of nondesignated deposits. If the Department ha s obtained data on nondesignated material sources, such data will be available for review at the Department’s Headquarters Materials Division, 1263 S. Stewart Street, Carson City, Nevada 89712, phone (775) 888 -7520. The data on file with the Department is not a part of the contract documents. The data may be incomplete and/or out of date. Be advised to check dates upon which any data was compiled and take into account the possibility that certain materials found in prior testing may have subsequently been r emoved from the site. Be advised that only limited testing or evaluation of materials in any deposit may have been performed. Actual inspection and testing is necessary to determine quantities available and evaluate means and methods required to achieve pr oject requirements.
106.04 Samples and Tests. Except as provided in Subsection 106.05, all materials will be inspected, and/or
tested for acceptance before incorporation in the work. Perform informational testing as herein described. Any work in which unt ested and unaccepted materials are used without approval or written permission may be performed at the risk of being considered as unacceptable and unauthorized and not to be paid. Produce materials at the plant that conform in all respects to the require ments of the specifications; however, blending on the roadbed to correct for minor deficiencies in grading or excess plasticity will be allowed, except for shouldering material, under the following conditions:
a.All blending material added on roadway an d all work involved in processing such material will not be paid for.
b.Continue processing the material until a homogeneous mixture is obtained. Obtain uniform gradation to the degree that sieve analysis tests show less than 10% difference, plus or min us, in the amount of material passing the 1.18 mm (No. 16) sieve, determined by comparing sieve analysis tests on two samples of processed and blended material. Samples for tests, taken for the above conditions, will be confined within a distance of 150 m (500 ft) of each other and also taken in the same continuous windrow. 106 CONTROL OF MATERIAL 34 Perform informational process control sampling and testing by a materials testing firm or own testing personnel, using the applicable Nevada Test Methods which appear under “Project Cont rol Tests” in Sections; 704, 705, and 706. Perform informational testing at the project site or as approved. Testing personnel are required to be qualified in the Nevada Alliance for Quality Transportation Construction (NAQTC) Aggregate Module or Western Alliance for Quality Transportation Construction (WAQTC) Aggregate Module and Embankment and Base Module. Testing procedures will be monitored on a random basis. Perform a minimum of one informational process control test for every 1,000 metric ton (1,100 ton) of each size aggregate produced, with a minimum of one test for each size or type per day of production. Obtain samples of the finished product of the plant before or as the material leaves the conveyor belt for the bin or stockpile. Construct the s ampling device so that small representative samples may be taken frequently and these small samples combined to form the complete sample. Deliver the samples by mechanical means to a point on the ground or other satisfactory safe and accessible location . Furnish test results from samples taken, on a daily basis. The results of such tests shall not be the basis for final acceptance of the material. All costs incurred in conducting informational process control sampling and testing will not be measured or p aid for directly. If disputing the Department’s acceptance testing, and electing to have independent testing performed, coordinate such testing with the Engineer before having the testing take place. Give notification in advance of sampling and testing to allow an opportunity for the Engineer or his designated representative to be present during sampling and/or testing. Do not begin sampling until permitted in writing. Submit coordination information in writing and include, as a minimum, the following:
a.Purpose of testing.
b.Specific tests to be performed.
c.Procedures proposed for sampling and testing.
d.Schedule of proposed sampling and testing.
e.Name(s) of Firm and/or personnel to perform the sampling and testing. Tests performed by oth er than the Engineer’s representative may be considered for informational purposes by the Department, however, such testing will not be used for acceptance purposes unless agreed to in writing by the Department. All acceptance testing will be performed by the Engineer, his designated representative, or as required by the specifications and shall be binding on the Contractor. Sampling for final acceptance of materials will be as hereinafter outlined:
a.Types 1, 2, and 3, Class B aggregate base courses an d “selected material base or surface” will be sampled from the processed windrow just prior to final laydown.
b.Types 1, 2, and 3, Class A aggregate base courses will be sampled from the roadbed directly behind the laydown machine and before the first pass of the roller.
c.Aggregate for cement or lime treated bases will be sampled as follows:
1.Where the material is being mixed at a stationary plant, samples will be taken from the conveyors just before delivery to the mixer and before adding lime and cement.
2.Where material is being mixed on the roadbed, samples will be taken after the material has been placed on the roadbed and processed and before adding cement or lime.
d.Aggregates for premixed bituminous pavin g material will be sampled before adding the bituminous material. CONTROL OF MATERIAL 106 35 Equip sampling points with a sampling device so constructed that representative samples will be delivered by mechanical means to a point which is accessible, safe, and satisfactory.
e.Aggregate for all plantmix bituminous mixtures will be sampled as follows: Continuous -Mix or Drum -Mix plants will be sampled after proportioning and before entering the pugmill or drum. Batch type plants will be sampled from the hot bins. Samples, except in batch type plants, will be taken before the point where mineral filler is added. Equip sampling points with a sampling device so constructed that representative samples will be delivered by mechanical means to a point which is accessible, safe, and satisf actory. For gradation acceptance, samples will be taken from behind the lay down machine according to Test Method No. Nev. T200, procedure No. 10, except for aggregates for bituminous open -graded which will be sampled from the lay down machine according t o Test Method No. Nev. T200, procedure No. 9. Sieve analysis will be performed on aggregates obtained from Test Method No. Nev. T761 (Ignition Method). No adjustment will be made to the gradation results for the addition of the mineral filler. Samples for Liquid Limit and Atterburg Limit testing will be taken from the stockpile during production.
f.Aggregate for screenings will be sampled from the job -site stockpiles, loaded truck, or spreader hopper. Aggregates for shoulder material will be sampled fr om the plant belt or stockpile. Aggregate for screenings to be stockpiled for future use by the Department will be tested and accepted at the product belt before stockpiling.
g.Pretreated aggregates in stockpile for plantmix bituminous mixtures will be sampled as follows: Continuous -Mix or Drum -Mix plants will be sampled after proportioning and before entering the pugmill or drum. Batch type plants will be sampled from the hot bins. Equip sampling points with a sampling device so constructed that repres entative samples will be delivered by mechanical means to a point which is accessible, safe and satisfactory. Samples for Liquid Limit and Atterburg Limit testing will be taken from the stockpile during production, prior to marination. For gradation acce ptance, samples will be taken from behind the lay down machine according to Test Method No. Nev. T200, procedure No. 10, except for aggregates for bituminous open -graded which will be sampled from the lay down machine according to Test Method No. Nev. T200 , procedure No. 9. Sieve analysis will be performed on aggregates obtained from Test Method No. Nev. T761 (Ignition Method). No adjustment will be made to the gradation results for the addition of the mineral filler.
h.Sampling of bituminous materials, intended for use in prime, tack or seal coats, and surface treatments, shall be performed after the bituminous material has arrived at the job destination and before, or at the time of unloading the materials. Take one sample of material from each truck tr ansport or distributor. Bituminous material at plant sites shall be sampled before use. Take samples of bituminous material intended for use in plantmix bituminous mixtures from the bituminous feed line at a suitable location between the storage tank and the plant bituminous metering device. Take one sample for every 23 metric tons (25 tons) of asphalt used or any part thereof, and not less than one per day. Personnel sampling bituminous material are required to be qualified in the WAQTC Asphalt Module or NAQTC Specialized Test AASHTO T40 (Sampling Bituminous Material). Perform sampling according to Test Method No. Nev. T723. The Engineer reserves the right to reject samples not obtained in conformance with Test Method No. Nev. T723. Take samples during t he established job working hours, or other times approved by the Engineer. The samples will be submitted to the Department's laboratory for testing. In the event the test results fail to comply with requirements, and sufficient sample is available, the rem aining portion of the sample will be tested to confirm the initial test results. Understand and agree that samples obtained by Test Method No. Nev. T723 will be considered as truly representative of the material delivered for incorporation into the work. Sample containers will be furnished. Immediately after filling the sample container, tightly seal it, properly mark for identification, and present to the Engineer. 106 CONTROL OF MATERIAL 36 (i) Sampling of plantmix bituminous mixtures for Stabilometer Value, Indirect Tensile Stre ngth, and Percent Air Void testing will be done from behind the lay down machine according to Test Method No. Nev. T200, procedure No. 10.
j.Samples for the aforementioned materials produced under conditions other than contemplated herein will be taken at a time and place deemed appropriate.
106.05 Certificates of Compliance. The use of certain materials or assemblies may be permitted before
sampling and testing if accompanied by a Certificate of Compliance stating that the materials involved comply in all respects with the requirements of the specifications. Provide the certificates signed by the manufacturer of the material or the manufacturer of assembled materials. Furnish a Certificate of Compliance with each lot of material delivered to the work site and clearly identify the lot so certified in the certificate. The Certificate of Compliance will be used as a basis for permitting immediate use of the material on the job and shall represent conditional acceptance only. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. Any such material not conforming to the requirements of the plans and specifications will be subject to rejection whether in place or not. The Department reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. The form of the Certificate of Compliance and its disposition will be as directed. For metric unit contracts, report all test results in metric units or both metric and English units on the Certificates of Compliance. For English unit contracts, report all test results in English units or both English and metric units on the Certificates of Compliance. All bituminous materials may be conditionally accepted at the worksite. Certificates of Compliance for asphalt cement, emulsified asphalt, and cutback asphalts shall certify that material conforms to the specifications, shall include test results for all t ests specified, shipping point, and the date of test. All tests shall be performed by an AASHTO Materials Reference Laboratory accredited facility. A Certificate of Compliance shall accompany all samples of bituminous materials submitted for mix design or preliminary testing.
106.06 Cited Specifications. Unless otherwise specified, all tests will be performed according to the methods
used by the Department. The Department has developed test methods for testing the quality of materials and work. These test methods are identified by the prefix Nev. followed by the serial number. Copies of individual test methods are available at the Materials Division, Department of Transportation, Carson City, Nevada, and will be furnished to interested persons upon request . Whenever a reference is made in the specifications to a test method by Nev. number, it shall mean the test method in effect on the date of the advertisement for bid. Whenever a reference is made in the specifications to a test designation either of the ASTM, AASHTO, Federal specifications, or any other recognized national organization and the number or other identification accompanying the test designation representing the year of adoption or latest revision of the test is omitted, it shall mean the tes t method in effect on the date of advertisement for bid. Whenever a reference is made in the specifications to a specification either of the ASTM, AASHTO, Federal specifications, or any other organization and the edition date is omitted, it shall mean the latest specification in effect on the date of advertisement for bid. For metric unit contracts, the metric version of referenced specifications and tests shall apply if there is a choice between a metric or English unit version. For English unit contract s, the English version of referenced specifications and tests shall apply if there is a choice between an English or metric unit version. When requested, furnish, without charge, samples of materials entering into the work. Do not use material before approval, except as provided in Subsection 106.05. Samples of material from local sources shall be taken by or in the presence of the Engineer; otherwise, the samples will not be considered for testing.
106.07 Plant Inspection. Certify concrete production facilities and delivery equipment by complying with
National Ready -Mix Concrete Association certification requirements. CONTROL OF MATERIAL 106 37 Plant produced precast concrete products proposed for use will require either National Precast Concrete Association (NPCA) or American Concrete Pipe Association (ACPA) certification. Manufacturers holding current Precast/Prestressed Concrete Institute (PCI) plant certification as specified in Section 503 are exempt from NPCA and ACPA plant certification requirements. The Engineer may in spect the production of material or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until assurance of the cooperation and assistance of both the Contractor and the material producer. Provide free entr y at all times to such parts of the plant as concerns the manufacture or production of the materials. Furnish adequate facilities free of charge to make the necessary inspection. The Department reserves the right to retest materials which have been tested and accepted at the source of supply before incorporation into the work after the same have been delivered, and to reject materials which, when retested, do not meet the requirements of the contract documents.
106.08 Storage of Materials. Store materials as to assure the preservation of their quality and fitness for the
work. When required, store them in waterproof buildings, placed on wooden platforms or other hard, clean surfaces, and not on the ground, and cover. Stored materials, even though approved for use before storage, may be inspected before their use in the work, and they shall meet the requirements of the specifications at the time of this proposed use. Locate stored materials so as to facilitate their prompt inspection. Aggregates which have been produced and stockpiled for use on State projects are subject to the following limitations:
a.Stockpile separate and apart from materials that are not to be used on State contracts.
b.Tag or mark in such a manner that they are easily identifi ed as materials for State contracts.
c.Allow access during normal working hours for periodic inspections by representatives of the State. Upon approval, that portion of the cleared right of way not required for public travel, excluding existing avoid ance areas, may be used for storage areas, staging areas, and equipment. Make own arrangement for use of private or public property outside the highway right of way for storage, staging, or other project related areas and pay all costs involved. Do not use private or public property for storage, staging, or other project related areas without written permission of the landowner and obtaining necessary permits and clearances as specified herein. Provide a certified copy of the agreement with the landowner along with a written release from the landowner absolving the State of any and all responsibility in connection with the use of the area. Do not begin operations in the area until after obtaining required permits and clearances, landowner approval, and wr itten approval from the Engineer. Written agreements with the landowner shall not conflict with the environmental and cultural resource requirements, or any other Federal, State , and local laws, regulations , and ordinances. Permits and clearances shall include environmental and cultural resource clearances pursuant to the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (36 CFR 800). Insure that the clearances cover the entire site including any haul roads, access roads and/or other affected areas such as pipelines, etc. Upon completion of the clearance reports, provide three copies of each report to the Engineer. Their reports will be forwarded to the Department’s Environmental Services Division (ESD) for review and sub mission to external regulatory agencies as appropriate. Once the clearances have been obtained, the ESD will notify the Engineer that the Contractor may proceed with the use of the proposed site. Do not begin operations until given notification in writing. Restore all storage, staging, and project related areas to their original condition or as required under any permits or per the agreement with the property owner. Provide written evidence, at completion of project, that the landowner has accepted the post construction condition of the site and that all the terms of the agreement have been met. Consider full compensation for all costs involved in obtaining clearances, use and restoration of storage, staging, and project related areas located outside o f the highway right of way as included in the price paid for the contract items of work. 106 CONTROL OF MATERIAL 38 106.09 Handling Materials. Handle materials in such manner as to preserve their quality and fitness for the work. Transport aggregates from the storage site to the wor k without loss or segregation of materials after loading and measuring in order that there may be no inconsistencies in the quantities of materials intended for incorporation in the work as loaded, and the quantities as actually received at the place of op eration.
106.10 Unacceptable Materials. Materials not substantially conforming to the requirements of the
specifications at the time they are used shall be considered as unacceptable and all such materials will be rejected and shall be removed immediately from the site of the work. Do not use rejected material, the defects of which have been corrected, until approval has been given.
106.11 Department Furnished Material. Furnish materials required to complete the work, except those
specified to be furnishe d by the Department. Material furnished by the Department will be delivered or made available at the points specified in the Special Provisions. Consider cost of handling and placing all materials after they are delivered or made available as included in the contract price for the item in connection with which they are used. Be responsible for all material delivered, and deductions will be made from any money due to make good any shortages and deficiencies, from any cause whatsoever, and for any damage wh ich may occur after such delivery and for any demurrage charges.
106.12 Buy America. In accordance with Title 23 CFR 635.410, permanently incorporated steel and/or iron
materials on Federal -Aid projects shall be domestically produced regardless of the per centage they comprise in a manufactured product or form they take. Minimal use of foreign steel materials will be permitted provided the cost of said materials does not exceed 1/10 of 1% of the total contract cost or $2,500.00, whichever is greater. The combined cost of foreign steel and/or iron materials will be the value of the materials as they are delivered to the contract, documented by invoice or bill of sale to the contractor. Submit for review a request to use foreign materials, prior to their use . Do not incorporate any foreign steel materials into the project without approval. To qualify as domestic steel, all manufacturing processes, including manufacture, fabrication, grinding, drilling, welding, finishing, coating, and assembly of product con taining steel and/or iron materials, must have been performed in the United States. To further define the coverage, a domestic product is a manufactured steel and/or iron materials construction material that was produced in one of the 50 states, the Distri ct of Columbia, Puerto Rico, or in the territories or possessions of the United States. Raw materials used in the steel and/or production may be imported. Raw materials are materials such as iron ore, limestone, waste products, etc. which are used in the manufacturing process to produce the steel and/or irons materials products. Waste products include scrap; i.e., steel no longer useful in its present form from old automobiles, machinery, pipe, railroad rail, steel trimmings from mills or product manufactur ing, and the like. Extracting, crushing, and handling the raw materials which are customary to prepare them for transporting are exempt from Buy America. The use of foreign steel or iron billets is not acceptable under Buy America. Provide a Certificate o f Materials Origin, using NDOT form 020 -095, certifying materials comply with the Buy America requirements as specified above. Submit the certification prior to installation of the material. Unless a Certificate of Materials Origin has been provided, the m aterials will be considered of foreign origin. 39 SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
107.01 Laws to be Observed. Keep fully informed of all Federal and State laws, all local bylaws, ordinances
and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. Observe and comply with all such laws, bylaws, ordinances, regulations, orders and decrees, and protect and indemnify the State and its representatives against any claim or liability arising from or based on the violation of any such law, bylaws, ordinances, regulations, orders or decrees, whether by yourself or your employees. If the Department suffers any fines or penalties because of the failure to comply with said laws or regulations, the Department may deduct the amount of said fine or penalty from any monies due. Any project related use of areas outside of the highway right of way are subject to all applicable Federal, State, and local laws, regulations, ordinances and clearances (including but not limited to environmental and archaeological clearances), as well as the requirements and conditions as specified herein. Use hauling vehicles transporting materials to and from the project either empty or loaded meeting the requirements and complying with laws and regulations as would be required when traveling on a public street or highway for any other purpose. During the performance of all contracts, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
1.Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2.Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, disability/handicap, and low income status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulation s.
3.Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability/handicap, and low income status.
4.Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Nevada Department of Transportation (hereinafter, “NDOT”) or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the NDOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the NDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a.withholding of payments to the Contractor under the contract until the Contractor complies, and/or b.cancellation, termination or suspension of the contract, in whole or in part.
6.Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
Source: Nevada Standard Specifications for Road and Bridge Construction, 2014 Edition. Pages 33–44 of 610.