Common use of Disposal of Surplus Excavated Materials Clause in Contracts

Disposal of Surplus Excavated Materials. Add the following: “Spoil areas, which may be used for the disposal of surplus construction materials on Thruway right-of-way, are shown on or listed in the contract plans and/or the contract proposal. Disposal of surplus construction materials in any other areas on Thruway right-of-way, without the written permission of the Division Director or designee, is prohibited.” Add the following: “The Engineer is responsible to maintain a program of quality documentation, quality assurance, inspection, and sampling to provide reasonable assurance to the Thruway Authority, as Owner, that both hot mix asphalt materials and pavements in the completed construction substantially conform to contract requirements. The Engineer shall be afforded access to the Contractor’s or Producer’s plant, equipment, and testing results for checking the performance of the Contractor’s approved quality control procedures. The Contractor shall provide labor, equipment and traffic control to take samples and to assist the Engineer in checking grades and surface smoothness, costs thereof to be included in the bid prices for the individual items. In areas where there is an apparent or suspected deficiency, the Contractor shall collect core samples for the Engineer on request. The Contractor shall patch all areas where samples are taken with hot mix asphalt properly tamped to fill all voids and struck off flush with the surface, A.O.B.E. The Engineer will review and verify the performance of the Contractor’s Quality Control Plan. Finding Contractor failure to competently perform Quality Control as submitted shall constitute cause for total rejection of the involved paving and/or other action as may be indicated by the finding. The Engineer may at any time, notwithstanding previous sampling, reject and require the Contractor to dispose of any batch of bituminous mixture that does not meet mix design properties and/or specification requirements due to temperature, oxidation, contamination, segregation or incomplete coating of aggregate. Such rejection may be based on only a visual inspection, see also section 105-08. The Engineer’s Testing Laboratory is responsible to perform quality assurance testing as delineated in the Item Specification and in Materials Method 5.16. The Contractor’s attention is directed to the fact that NYSDOT MM5.16 and other inspection methods employed by the Thruway Authority are quality assurance plans, not quality control plans. The Contractor is cautioned not to depend upon the results of the Authority's inspection tests and methods for project quality control. Results of any retesting, except in the case of an obvious error in the original testing, shall be combined statistically with the original test, and allowable tolerances reduced statistically for the modification of testing method.”

Disposal of Surplus Excavated Materials. Add the following: “Spoil areas, which may be used for the disposal of surplus construction materials on Thruway right-of-way, are shown on or listed in the contract plans and/or the contract proposal. Disposal of surplus construction materials in any other areas on Thruway right-of-way, without the written permission of the Division Director or designee, is prohibited.” Add the following: “The Engineer is responsible to maintain a program of quality documentation, quality assurance, inspection, and sampling to provide reasonable assurance to the Thruway Authority, as Owner, that both hot mix asphalt materials and pavements in the completed construction substantially conform to contract requirements. The Engineer shall be afforded access to the Contractor’s or Producer’s plant, equipment, and testing results for checking the performance of the Contractor’s approved quality control procedures. The Contractor shall provide labor, equipment and traffic control to take samples and to assist the Engineer in checking grades and surface smoothness, costs thereof to be included in the bid prices for the individual items. In areas where there is an apparent or suspected deficiency, the Contractor shall collect core samples for the Engineer on request. The Contractor shall patch all areas where samples are taken with hot mix asphalt properly tamped to fill all voids and struck off flush with the surface, A.O.B.E. The Engineer will review and verify the performance of the Contractor’s Quality Control Plan. Finding Contractor failure to competently perform Quality Control as submitted shall constitute cause for total rejection of the involved paving and/or other action as may be indicated by the finding. The Engineer may at any time, notwithstanding previous sampling, reject and require the Contractor to dispose of any batch of bituminous mixture that does not meet mix design properties and/or specification requirements due to temperature, oxidation, contamination, segregation or incomplete coating of aggregate. Such rejection may be based on only a visual inspection, see also section 105-08. The Engineer’s Testing Laboratory is responsible to perform quality assurance testing as delineated in the Item Specification and in Materials Method 5.16. The Contractor’s attention is directed to the fact that NYSDOT MM5.16 and other inspection methods employed by the Thruway Authority are quality assurance plans, not quality control plans. The Contractor is cautioned not to depend upon the results of the Authority's inspection tests and methods for project quality control. Results of any retesting, except in the case of an obvious error in the original testing, shall be combined statistically with the original test, and allowable tolerances reduced statistically for the modification of testing method.”

Disposal of Surplus Excavated Materials. Add the following: “Spoil areas, which may be used for the disposal of surplus construction materials on Thruway right-of-way, are shown on or listed in the contract plans and/or the contract proposal. Disposal of surplus construction materials in any other areas on Thruway right-of-way, without the written permission of the Division Director or designee, is prohibited.” Add the following: “The Engineer is responsible to maintain a program of quality documentation, quality assurance, inspection, and sampling to provide reasonable assurance to the Thruway Authority, as Owner, that both hot mix asphalt materials and pavements in the completed construction substantially conform to contract requirements. The Engineer shall be afforded access to the Contractor’s or Producer’s plant, equipment, and testing results for checking the performance of the Contractor’s approved quality control procedures. The Contractor shall provide labor, equipment and traffic control to take samples and to assist the Engineer in checking grades and surface smoothness, costs thereof to be included in the bid prices for the individual items. In areas where there is an apparent or suspected deficiency, the Contractor shall collect core samples for the Engineer on request. The Contractor shall patch all areas where samples are taken with hot mix asphalt properly tamped to fill all voids and struck off flush with the surface, A.O.B.E. The Engineer will review and verify the performance of the Contractor’s Quality Control Plan. Finding Contractor failure to competently perform Quality Control as submitted shall constitute cause for total rejection of the involved paving and/or other action as may be indicated by the finding. The Engineer may at any time, notwithstanding previous sampling, reject and require the Contractor to dispose of any batch of bituminous mixture that does not meet mix design properties and/or specification requirements due to temperature, oxidation, contamination, segregation or incomplete coating of aggregate. Such rejection may be based on only a visual inspection, see also section 105-08. The Engineer’s Testing Laboratory is responsible to perform quality assurance testing as delineated in the Item Specification and in Materials Method 5.16. The Contractor’s attention is directed to the fact that NYSDOT MM5.16 and other inspection methods employed by the Thruway Authority are quality assurance plans, not quality control plans. The Contractor is cautioned not to depend upon the results of the Authority's inspection tests and methods for project quality control. Results of any retesting, except in the case of an obvious error in the original testing, shall be combined statistically with the original test, and allowable tolerances reduced statistically for the modification of testing method.”