106.01 58 SECTION 106 – CONTROL OF MATERIALS
106.01 Quality of Materials ................................ ................................ ....... 58
106.02 Material Information ................................ ................................ ...... 58
106.03 Local Material Sources ................................ ................................ .. 58
106.04 Sampling and Testing, or Inspection ................................ .............. 59
106.05 Source or Plant Inspection ................................ .............................. 60
106.06 Field Laboratory ................................ ................................ ............. 60
106.07 Notice of Source or Arrival of Materials ................................ ........ 62
106.08 Handling and Storage of Materials ................................ ................. 62
106.09 Resampling and Testing, or Reinspection ................................ ...... 63
106.10 Defective Material ................................ ................................ .......... 63
106.01 Quality of Materials
Only use materials in the Work that conform to all of the Contract quality requirements. Control and incorporate materials to produce completed construction that conforms to and is fully acceptable under t he terms of the Contract. Where reference is made in the Contract to certain manufacturers’ materials or products, it is not the intent to preclude the use of others, but rather to establish minimum acceptable design standards. The Contractor may substitute material and products of other manufacturers provided they are equal to or better than the minimum design standards and are approved by the Department.
106.02 Material Information
When local material reports are available t he Department will provide the Contractor the test report per the specific request. In furnishing such reports, the Department will not be responsible for materials failing to conform to the test reports either as to quality or quantity.
106.03 Local Mat erial Sources
If the Contractor desires preliminary tests of local materials, it shall deliver samples of the materials to the Laboratory. The Department will test one sample (and one referee sample as needed) , and in such t ime as the work load 106.04 59 in the Laboratory may permit. Acceptable test results on preliminary samples will not guarantee acceptance of materials from the same source later.
106.04 Sampling and Testing , or Inspection
Incorporate into the Work only those materials that have been sampled and tested, inspected, and approved by the Engineer. Untested or unaccepted materials used in the Work without the Engineer’s wr itten permission shall be removed and replaced at no cost to the Department. Unless otherwise specified, sampling and testing, or inspection will be conducted by qualified representatives in accordance with the most current published national standard spe cifications, AASHTO or ASTM methods on the date of the Advertisement. Furnish all materials for sampl ing and testing at no cost to the Department. The Department will perform acceptance and verification sampling and testing, or inspection at no expense t o the Contractor . If the Department does not elect to sample and test or inspect at the source, it will sample and test, or inspect, materials after delivery to the site or to the production facility . Furnish all facilities and provide all reasonable ass istance to secure and transport samples, and move materials being inspected. The Departmental procedures will provide sampling and testing frequencies for the acceptance, quality control, independent assurance, verification, or certification for materials and products. The Engineer may accept certain materials or products and assemblies based on Certificate of Compliance signed by the manufacturer or its authorized representative, stating that such materials, products, and assemblies fully comply with the requirements of the Contract. For each lot of such materials or assemblies delivered to the Work, provide a Certifica te of Compliance that clearly identifies the lot. Provide all necessary paperwork with certification submittals as specified in Departmental Procedures. Furnish a notarized Certificate of Compliance for a non -bid item, not permanently incorporated in the Work, but that must meet a designated specification upon delivery of the material to the Project and prior to its being used. The Department may sample and test materials , products, or assemblies accepted on the basis of Certificate of Compliance at any ti me, and may reject such materials and assemblies if found to be in non -conformance with the Contract. 106.05 60 106.05 Source or Plant Inspection The Contractor is entirely responsible for securing satisfactory material. However, if the volume of any given material, the progress of construction, and other considerations of interest to the Department so justify, the Department may inspect materials at the source of supply. The Department will undertake such inspection only when t he Engineer is assured of the fullest cooperation and assistance of the Contractor and of the material producer involved. Provide required copies of all orders, shipping information, and other Procedural Documentation . Provide the representatives of the D epartment with free and safe access at all times to parts of the site or producer’s facility concerning the manufacture and production of material for the Project. If the Contractor is not the owner of the place where fabrication, preparation, or manufact ure is in progress, the plant owner is deemed to be the agent of the Contractor with respect to the obligation assumed hereunder.
106.06 Field Laboratory
Furnish Type A or Type B laboratory(s) or both, as required to be used exclusively for testing purposes. Provide suitable field laboratories or inspection offices at the production facility at which off -site inspection is provided by the Department under 106.05. Locate the laboratory(s) as directed by the Engineer. Install, equip, and make building(s) ready for use before the Contractor’s operations require field testing. All Contractor and producer laboratories must be insp ected and qualified in accordance with TDOT procedures before the Contractor can perform any work.
106.07 Notice of Source or Arrival of Materials
Purchase all materials sufficiently in advance of incorporating into the Wo rk to allow the Engineer to conduct sampling and testing, or inspection. Provide the Department, in writing, the name and location of suppliers that will furnish materials for the Project. When the Department does not elect to perform materials sampling and testing, or inspection at the source, advise the Engineer in writing within 24 hours after materials requiring sampling for testing, or inspection , are delivered to the site of the Work.
106.08 Handling and Storage of Materials
Transport all materials in tight, clean vehicles , and prevent contamination, segregation , or other damage to the materials when in route to the job site or the production facility , and when moved from point to point at later stages. 106.09 63 Store materials to preserve their quality and fitness for use. When considered necessary, store materials in weatherproof buildings, place them on wooden platforms or other hard, clean surfaces but not on t he ground, and cover them when directed. Locate stored materials to facilitate prompt inspection. Do not use private property for storage purposes without written permission of the owner or lessee. If using portions of the right-of-way for storage of materials or erection of production facilities , obtain the specific approval of the Engineer.
106.09 Resampling and Testing, or Reinspection
At the option of the Engineer, the Department may resample and test all materials or re -inspect at any time after delivery to the site, or to any production facility . If such materials are found to be unacceptable, the Department will reject the materials.
106.10 Defective Material
Do not deliver to the site materials found to be unacceptable or rejected elsewhere. Remove rejected materials from the site or production facility at no cost to the Department. 107.01 64 SECTION 107 – LEGAL RELATIONS AND RESPONSIBILITY
107.01 Laws to be Observed ................................ ................................ ...... 64
107.02 Load Restrictions on Projects Under Construction ........................ 65
107.03 Permits, Licenses, and Taxes ................................ ......................... 66
107.04 Patented Devices, Materials, and Processes ................................ ... 66
107.05 Restoration of Surfaces Opened by Permit ................................ .... 66
107.06 Federal Aid Provisions ................................ ................................ ... 67
107.07 Bridges over Navigable Waters ................................ ...................... 68
107.08 Environmental Protection ................................ ............................... 68
107.09 Sanitary Provisions ................................ ................................ ........ 73
107.10 Safety ................................ ................................ ............................. 73
107.11 Use of Explosives ................................ ................................ ........... 74
107.12 Promptness of Performance ................................ ........................... 74
107.13 Legal Responsibilities of the Contractor ................................ ........ 75
107.14 Contractor’s Responsibility for Work ................................ ............ 76
107.15 Liability Insurance ................................ ................................ ......... 76
107.16 Right -of-Way ................................ ................................ ................. 76
107.17 Pers onal Liability of Public Officials ................................ ............. 77
107.18 Claims Against the Department ................................ ..................... 77
107.19 No Waiver of Legal Rights ................................ ............................ 77
107.20 Certified Payrolls ................................ ................................ ........... 78
107.21 Quarantine Restrictions – Pest Control ................................ .......... 78
107.01 Laws to be Observed
Keep fully informed and comply with all of the following that affect the conduct of the Work or those engaged or employed on the Work: Federal and State laws, local laws and ordinances, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority related to the Work. Protect and indemnify the State and its representatives against claims or liability arising from or based on the violation of any such law, ordinance,