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106-1 GENERAL REQUIREMENTS.

The materials used on the work shall meet all requirements of the contract and shall be subject to inspection, test, or rejection by the Engineer at any time. Materials used in the work shall be new or recycled as permitted by the Specifications.

It is the Departments intent to expand the use of recovered materials in its construction programs. The Contractor is encouraged to find innovative and alternative ways for beneficial use of recyclable materials that are currently a part of the solid waste stream and that contribute to problems of declining space in landfills.

The Contractor shall make his own determination of the various kinds and quantities of materials that are necessary for the acceptable performance and timely completion of the work. It will be the Contractor's responsibility to obtain materials which will meet the requirements of the contract. The Contractor shall be responsible for the acceptability of all materials used in the work and for the timely delivery of materials to the project so that adequate time will be available for the safe and proper performance of the work.

In order to facilitate testing by the Department, the Contractor shall furnish a complete statement of the origin of all materials to be used in the construction of the work, together with samples when required. The statement of origin shall be furnished to the Materials and Tests Unit sufficiently in advance of any shipment and/or fabrication of materials so that arrangements can be made for proper inspection.

The Contractor shall furnish a material safety data sheet with all paints and hazardous chemicals proposed for use on the project. The material safety data sheet shall be in accordance with the North Carolina Hazard Communication Standard (13 NCAC 7C.0101(a)(99)).

The Contractor shall provide access, means, and assistance in the verification of all testing equipment, scales, measures, and other devices operated by him in connection with the testing of the materials.

If the Contractor desires or is required to furnish materials from local deposits, other than those, if any, described in the contract he shall assume full responsibility for the sampling of the sources and the acceptability of the material in accordance with these specifications. He shall furnish without charge such preliminary samples as may be required; except that, if requested in writing, the Engineer may allow Department forces to take samples as requested by the Contractor. In the latter case, the Contractor shall reimburse the Department for the total expense of the sampling as determined by the Engineer. Tests will be made and reports rendered, but it is understood that such tests shall in no way be construed as a guarantee of acceptance of any material which may be delivered later for incorporation in the work. The Contractor shall assume full responsibility for the production of uniform and satisfactory materials from such local deposits, and shall indemnify and save harmless the Department from any and all claims for loss or damages resulting from the opening and operation thereof, or from the failure of the deposit after development to produce materials acceptable to the Engineer, in either quality or quantity.

106-2 SAMPLES, TESTS, AND CITED SPECIFICATIONS.

All tests will be made in accordance with the most recent standard or interim methods of the AASHTO in force on the date of advertisement. Should no AASHTO method of test exist for a material, the most recent standard or tentative method of ASTM or other methods adopted by the Department will be used.

All reference made to a specification published by AASHTO, ASTM, or any other organization other than the Department, which does not indicate the date of publication, will be understood to mean the specification current on the date of advertisement for the project. When a more current specification is published during the life of the project, and when it is mutually agreed by the Contractor and the Engineer and such agreement is documented by a supplemental agreement, the Department may accept materials meeting the requirements of the latest publication.

106-3 CONTRACTOR FURNISHED CERTIFICATION.

The Contractor shall furnish the Department material certifications obtained from the producer, supplier, or an approved independent testing laboratory for the following types of materials, unless otherwise directed by the Engineer.

1. Materials required to meet criteria documented by tests which are normally performed during the production process.

2. Materials which are required to meet specifications other than those published by AASHTO, ASTM, or the Division of Highways.

3. Materials produced at locations which are not within routine travel distance for Department representatives.

4. Materials required to meet criteria documented by tests involving special equipment not readily available to Department representatives.

5. Any other special material when so directed by the Engineer.

Material certifications of one of the following types shall be furnished for pre-tested materials. The specific type of material certification for each material shall be in accordance with the schedule maintained by the Materials and Tests Unit. Copies of this schedule may be obtained from the Materials and Tests Unit.

Type 1 Certified Mill Test Report:

A certified mill test report shall be a certified report of tests conducted by the manufacturer on samples taken from the same heat or lot number as the material actually shipped to the project. The report shall identify the heat or lot number.

Type 2 Typical Certified Mill Test Report:

A typical certified mill test report shall be a certified report of tests conducted by the manufacturer on samples taken from a lot which is typical of the material actually shipped to the project, but which may or may not be from the lot shipped.

Type 3 Manufacturer's Certification:

A manufacturer's certification shall be a certified statement that the material actually shipped to the project was manufactured by production processes which are periodically and routinely inspected to assure conformance to specification requirements.

Type 4 Certified Test Reports:

A certified test report shall be a certified report of test conducted by an approved independent testing laboratory on samples taken from same heat or lot number as the material actually shipped to the project. The report shall identify the heat or lot number.

Type 5 Typical Certified Test Reports:

A certified test report shall be a certified report of tests conducted by an approved independent testing laboratory on samples taken from a lot which is typical of the material actually shipped to the project, but which may or may not be from the lot shipped.

Type 6 Supplier's Certification:

A supplier's certification is a signed statement by the supplier that the material described in the certification is of the specification grade required and that the supplier has on hand Type 1, Type 2, or Type 3 material certifications to cover the material which is included in the Type 6 supplier's certification.

Type 7 Contractor's Certification:

A contractor's certification is a signed statement by a contractor that the used material described in the certification meets the requirements of the current specifications and the contractor has on hand a Type 1, 2, or 3 materials certification provided at the time of purchase to cover the material which is included in the Type 7 contractor's certification. (See Standard Special Provisions)

106-4 DELIVERY AND HANDLING OF MATERIALS.

All materials shall be handled carefully and in such manner as to preserve their quality and fitness for the work. Materials damaged during delivery or handling shall not be used without approval of the Engineer.

106-5 STORAGE OF MATERIALS.

Materials shall be stored so as to insure the preservation of their quality and fitness for the work. Stored materials, which may have been approved before storage, shall be subject to inspection at any time, and shall meet the requirements of the specifications at the time they are put into use. Stored materials shall be so located as to facilitate their inspection. Subject to the approval of the Engineer, that portion of the right of way not required for public travel may be used for storage purposes and for the Contractor's plant and equipment, but any additional space required therefor shall be provided by the Contractor at no expense to the Department. All storage sites located within the right of way shall be restored to their original condition by the Contractor at no expense to the Department, except where the materials stored are or are to become the property of the Department.

106-6 INSPECTION AT SOURCE.

The Engineer may undertake the inspection of materials at the source of supply. This inspection will be performed by Department personnel or private organizations retained by the Department. Where approved by the Engineer, the results of tests performed by private laboratories or producer's or manufacturer's laboratories may be used in determining compliance of a material or product with the specifications.

The Department assumes no obligation to inspect materials at the source of supply and such inspection will be undertaken only upon condition that:

1. The cooperation and assistance of the Contractor and the producer with whom he has contracted for materials is assured.

2. The representative of the Engineer will have full entry at all times to such parts of the plant as may concern the manufacture or production of the materials.

3. Laboratory facilities shall be provided when required by the Engineer.

Where the Department agrees to inspect or test materials during their production or at the source of supply, the Contractor shall bear the cost of testing performed on materials ordered by him but not incorporated into the project.

The Department reserves the right to retest all materials which have been tested and accepted at the source of supply after the same have been delivered, and to reject all materials which, when retested, do not meet the requirements of the specifications.

106-7 SCALES AND PUBLIC WEIGHMASTER.

When material is to be paid for on a ton basis, the Contractor shall furnish platform scales or other weighing devices which have been certified by the N. C. Department of Agriculture. If the platform scales or other weighing devices are located outside of North Carolina, they shall have been certified by the Department of Agriculture within the particular State. The scales may be constructed and operated to provide automatic weighing, recording, and printing of tickets for the load being weighed.

All scales shall be operated by a public weighmaster licensed in accordance with Chapter 81A of the General Statutes of North Carolina. A certified weight certificate shall be issued by a North Carolina public weighmaster for each load. The certificate shall be in the form of a ticket furnished by the Contractor and shall contain the following information:

1. Division of Highways project number.

2. Date.

3. Time issued, if for bituminous plant mix or portland cement stabilized

base course mixed in a central plant.

4. Type of material.

5. Gross weight.

6. Tare weight.

7. Net weight of material.

8. Quarry or plant location.

9. Truck number.

10. Contractor's name.

11. Public weighmaster's stamp or number.

12. Public weighmaster's signature in ink or initials in ink.

When certified weighing devices other than platform scales are to be used, the gross weight and tare weight will not be required.

The Engineer may direct the Contractor to re-weigh the contents of any truck load that is to be delivered to the work on approved platform scales at no cost to the Department.

When tractor and trailer units are to be utilized in hauling material to be weighed, the platform scales shall be of sufficient length so as to accommodate the entire unit or the tractor shall be disconnected and the trailer and its contents weighed as a separate unit.

106-8 DEPARTMENT FURNISHED MATERIAL.

The Contractor shall furnish all materials necessary to complete the work, except those materials specified in the special provisions to be furnished by the Department. Payment at the contract price for the item which includes the use of Department furnished material will be full compensation for all costs of handling and placing such materials after they are delivered or made available to the Contractor.

The Contractor will be held responsible for all material furnished him, and deductions will be made from any money due him to make good any shortage and deficiencies from any cause whatsoever and for any damage which may occur after Department furnished material has been made available.

106-9 DEFECTIVE MATERIAL

All materials which are not in reasonably close conformity to the requirements of the specifications shall be considered as defective and such materials, whether in place or not, shall be rejected and are to be removed from the site of the work unless otherwise permitted by the Engineer in accordance with Article 105-3. No rejected material, the defects of which may have been substantially corrected, may be used until approval has been given by the Engineer.

106-10 DENSITY DETERMINATION BY NUCLEAR METHODS.

(A) Application:

The Engineer may, at his option, utilize nuclear methods as described in Article 520­10 and 610­11C to determine the density of selected pavement materials. The use of nuclear methods will include the establishment of the required density through the use of control strips constructed from materials actually being used on the project, and the determination of the density being obtained in test sections located throughout the project.