for Highway Construction Page 59 of 715 SECTION 106 – CONTROL OF MATERIAL
106.01 Source of Supply and Quality Requirements.
Provide materials meeting the contract and produced using acceptable quality control practices. The Contractor is responsible for quality control. The quality control process cost is included in the contract unit prices for the respective contract pay items. Use new materials, unless otherwise specified. Notify the Engineer of proposed material sources to allow for inspection before manufacture, fabrication, and material delivery. The Engineer may inspect and approve material at the source before delivery. If the Engineer determines the source no longer produces material meeting the contract, use another source to provide material that meets the contract . Use material from the qualified products list (QPL) as specified in the contract and in 106.15. Install or apply material in accordance with the manufacturer’s written instructions. If a conflict exists between the contract and the manufacturer’s written instructions, immediately notify the Engineer in writing.
A.Buy America. For contracts that involve federal -aid funding or are specifically indicated in the special provisions to comply with Buy Am erica, ensure iron or steel products, and construction materials permanently incorporated into the work are products of the United States. Provide certifications conforming to 106.04 prior to incorporating the item into the project. If foreign construction materials, steel, or iron in excess of the quantities allowed become incorporated into the work, the Contractor will remove such materials in excess of the allowable maximum and replace them with materials complying with these specifications at no additional cost to the Department. If the supporting documentation does not undeniably demonstrate to FHWA or the Department that the domestic iron or steel, or construction materials identified in the certificates of compliance were produced in the United States of America, then such iron, steel, construction materials will be considered unacceptable and must be replaced at no cost to the Department. If foreign steel, iron, or applied coatings for steel or iron in excess of the quantities allowed, or foreign construction materials become incorporated into the work, remove such materials in excess of the allowable maximum, and replace them with materials complying with these specifications at no additional cost to the Department. The burden of proof to meet the Buy America provision rests with the Contractor.
1.Iron and Steel Products All manufacturing processes for iron and steel products, including the application of coatings for such materials, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied. Buy America requirements apply to any steel or iron components of a manufactured product regardless of the overall composition of the manufactured product and to miscellaneous steel or iron components and hardware (e.g., cabinets, covers, shelves, clamps, fittings, sleeves, washers, bolts , nuts, screws, tie wire , spacers, chairs, lifting hooks, faucets, or door hinges). Obtain certifications from the manufacturer, that document that steel and iron have been manufactured and that coatings for steel or iron have been applied in the United States. Submit the required certifications to the Engineer before incorporating these materials i nto the work. for Highway Construction Page 60 of 715 The Engineer may allow small quantities of foreign manufactured steel, iron, or applied coatings for steel or iron so long as their total cost does not exceed 0.1 percent of the total contract amount or $2,500, whichever is greater. The contractor needs to maintain a running total of the cost of products not meeting the Buy America criteria already incorporated into the contract work. Cost determination is based on invoice costs or going rates for items without invoices. The Engineer needs to make sure the contractor does not exceed the Buy America threshold for foreign and undocumented products, or a project may lose all or part of its federal funding.
2.Construction Materials All constructio n materials must originate in the United States, including the final and the immediately preceding final, manufacturing process. Obtain certifications from the manufacturer, that document that construction materials have been manufactured in the United States. Submit the required certifications to the Engineer before incorporating these materials into the work.
B.Use Tax. The exercise of control over State- owned material by a Contractor who is improving real property (e.g., roadways) will in cur the imposition of a use tax by the State. Contact the Idaho State Tax Commission (Telephone No. 208- 334-7618) concerning 63- 3609, Idaho Code and IDAPA 35.01.02.012 and 35.01.02.013. For aggregates, the amount of the use tax will differ depending on whether the material is obtained from a State -owned material source or whether it is obtained from a State- owned stockpile. Use tax is due on the fair market value of the material, and the crushed value (processed material) is higher than for unprocessed material. The use tax will also differ depending on whether a Contractor crushed the material and placed it on the roadway, or if the Contractor only performed one of these operations and hired a subcontractor to perform the other . If the co ntractor hires a subcontractor to crush the material, he must pay a sales tax to the crusher for this fabrication labor. If the Contractor crushed and applies the material, or gives material he crushed to a subcontractor for application, the Contractor owes use tax on the royalty value.
106.02 Ordering, Producing, and Delivering Materials .
Quantity estimates are only approximate. Do not place orders for or produce full quantities of materials required to complete the work until the work has advanced to a stage that allows the quantities to be determined with reasonable accuracy. The Department is not responsible for:
1.Materials the Contrac tor may ord er, produce, or deliver in excess of requirements except as specified in 109.07.
2.Extra expense the Contractor may incur because materials were not ordered, produced, or delivered earlier.
3.The Contractor’s expenses related to materials ordered, produced, or delivered by the Contractor that are not approved for use. for Highway Construction Page 61 of 715 Before ordering pipe, pipe culvert , guardrail, pipe siphon, or sign posts, obtain approval of the quantities .
106.03 Samples, Tests, and Cited Specifications.
Refer to the Quality Assurance Special Provisions (QASP) for information on samples, tests, and cited specifications .
106.04 Certification of Materials .
The Engineer may base the acceptance of specified material on certifications provided by the manufacturer. Standard form s as specified in the QA Manual must be completed in their entirety, and be signed by the manufacturer’s representative who has quality control responsibility for the material manufacture or fabrication. The manufacturer’s certification will not prevent the Engineer from sampling and testing the material and considering acceptance or rejection on the basis of the test results. Ensure the manufacturer’s certificate references the project identifiers (e.g., name, number), contract pay items, and numbers. For the Engineer to accept material based on manufacturer certification , provide the certificate and bac kup documents (e.g., mill reports, invoice of materials if requested) with each shipment, and identify the certified material type and quantity in the shipment.
106.05 Plant Inspection.
The Engineer may inspect materials at the source. The Engineer may inspect manufacturing plants periodically for compliance with contract -required manufacturing methods. The Engineer will obtain material samples for testing to verify th e material meets contract quality requirements. The Engineer may approve material by manufactured lot based on these test results. The Engineer will inspect plants under the following conditions:
1.The Contractor and the material manufacturer will cooperate with and help the Engineer.
2.The Contractor and the material manufacturer will allow the Engineer entry, during normal business hours, to the plant location that produces the material.
3.The Contractor and the material manufacturer will provide adequate safety measures and maintain the safety of the plant. After delivery to the project site, the Engineer may inspect or retest materials the Engineer has already inspected, tested, and approved at the source. The Engineer will reject inspected or retested material that does not meet requirements. The Engineer will base final material acceptance on the mat erial’s in place condition.
106.06 Storage and Handling of Material .
Provide material storage to maintain its quality. When applicable store and handle all materials in accordance with the manufacturer’s recommendations. Improperly stored or handled materials are subject to rejection. The Engineer may re inspect stored material before use. Provide the Engineer with access to stored material for inspection. Store material at least 30 feet off the traveled way. If the posted speed limit for the traveled way is 40 mph or less, the Engineer may approve storage of material at least 10 feet off the traveled way. If the contract allows or the Engineer approves, the Contractor may use specified portions of the right of way or other approved locations for material storage and for plant and temporary facility placement . The for Highway Construction Page 62 of 715 Contractor may use private property for material storage if the property owner or lessee provides written permission. The Contractor must submit a copy of the written permission. Before storing material at storage locations, obtain clearances for the locations as specified in 107.17. Prevent separate stockpiled material from mixing.
106.07 Test Result Dispute Resolution.
Refer to the QASP for information on the test dispute resolution process.
106.08 Test Facilities.
Provide necessary test facilities and equipment, including field laboratory trailers, for quality control and accep tance testing required by the contract to be performed by the Contractor. Provide field laboratories with standard equipment and supplies necessary to perform the required tests. Provide field laboratories that are qualified through the Department’s laboratory qualification program. If the Department requires a field laboratory, the Contractor will provide the features and services, specified in 645, needed to place and operate the Department’s lab (e.g., all- weather parking area, minimum electrical service, trash containers, water, portable toilet). If the contract specifies the Contractor is responsible for testing , the Contractor will provide the field laboratory.
106.09 Material Sources.
The Department divides material sources into 2 groups: designated sources and contractor -provided sources. Construct and maintain haul roads, including dust abatement, from material sources to the project site or to the nearest public road. Do not discharge turbid water into streams or other bodies of water that does not comply with the contract .
A.Designated Sources. The Department may acquire, and make available to the Contractor, material sources specified in the plans and in the special provisions. The contract lists the designated sources by number and location. Variations in the limit, location, quality, and volume of material meeting requirements may occur . The Engineer may direct the Contractor to extract material, meeting requirements, from locations within a designated source, but will not require removal of material from below water. Determine the amount of equipment and work necessary to produce material that meets the requirements. The Department may acquire, and make available to the Contractor, the right to take materials from a designated source and the right to use the designated source propert y for plant sites, stockpiles, and hauling roads. The Department will deduct royalty payments from partial payments , and will pay the designated source property owner for material removed by the Contractor. If the state of Idaho or federal government does not own or control the designated source, provide the Engineer with 3 copies of a letter of release from the designated sourc e owner. The release will verify the following:
1.The Contractor left the designated source in a presentable condition with the debris resulting from the Contractor’s operations removed and disposed of. for Highway Construction Page 63 of 715 2. The Contractor met the approved reclamation plan requirements. The Department will not require a letter of release from commercial sources.
B.Contractor -Provided Sources. The Contractor -provided sources are sources not specified by the contract as designated sources. The Engineer will provide the Contractor with a list of Department -controlled sources on request. If approved, the Contractor may use Department -controlled sources as Contractor -provided sources . If approved, the Engineer will include requirements specifying the final condition and appearance of a Department -controlled source. Determine if material from a Department controlled source meets the requirements. For Department -controlled sources , if the Engineer approves the Contractor’s written request for use, the Engineer will establish the terms and conditions, and prepare an agreement for the Contractor’s signature within 14 calendar days. The Department will not allow access to Dep artment -controlled sources until the Contractor returns a signed agreement. For Contractor -provided sources that are not Department -controlled, the Department will require the Contractor to obtain written approval from the source owner before using material. Submit a written request for using a Contractor -provided source, and allow the Department 14 calendar days for review. Before beginning work at a Contractor -provided source, comply with the requirements of 107.17. Obtain the rights, including access and conditional use permits for exploring, developing, and testing a Contractor -provided source for approval and use, at no additional cost to the Department. Do not use material from a Contractor -provided source until sampling and testing results show the material meets the contract . Sample from areas within the Contractor -provided source where material will be extracted. Use a qualified independent laboratory to perform the sampling and testing. E nsure the independent laboratory provides test report copies for approval. Maintain and verify material quality during the work. Ensure the material meets the contract . The Contractor may use Contractor -provided sources instead of designated sources at no additional cost to the Department. The Contractor will be responsible for providing the material quantity necessary to complete the work.
106.10 Rights In and Use of Materials Found on the Work .
The Contractor, with approval, may use stone, gravel, sand, or other material found on the project site. The Department will pay the Contractor for these materials as follows:
1.At the corresponding contract unit price for excavating these materials.
2.At the contract unit price for which the excavated material is used. The Contractor will replace the excavated material, used at the Contractor’s discretion, with material meeting requirements, at no additional cost to the Department. The Department will not charge the Contractor for the value of the material found on the project site. Do not excavate or remove material that is not within the grading limits, unless approved in writing by the Engine er.
106.11 Production of Material in Department -Controlled Source s.
Reject material that contains an excessive amount of sand or unacceptable material, before starting secondary crushing. Use accept able materials, regardless of size, for aggregate production. for Highway Construction Page 64 of 715 Produce material as specified. Do not remove intermediate size aggregate for other contract pay items , unless the procedure pr oduces material that meets the specified requirements and is approved. Create material stockpiles in neat shapes using minimal surface area. Clear and grub the stockpile foundation and place a base of material to protect the stockpile from contamination. Build the stockpile in successive layers less than 3 feet thick. Do not end- dump or conveyor -stack material over the sides of a stockpile . Do not stac k conveyor placed stockpiles over 5 feet deep before leveling to minimize coarse and fine aggregate segregation . Material produced, but not used in the work, will remain the Department’s property. Stockpile rejected materials at Department -controlled sources as directed within the source. If the Engineer directs the Contractor to load and haul rejected material to a stockpile site outside the source, no greater than 1/2 mile beyond the source boundaries, the Department will pay the Contractor for loading, hauling, and stockpiling as specified in 109.03.C.5. If the Engineer directs the Contractor to haul material to stockpile sites over 1/2 mile beyond the source boundary, the Department will pay for hauling in excess of the 1/2 mile distance as extra work as specified in 104.02.B. If the bid schedule includes a contract pay item for providing sanding material in stockpile, the pay provisions for reject material will apply after the Contractor reaches the sanding material plan quantity . The Department will pay royalties to the source owner for material the Contractor removes from the material source, including reject material.
106.12 Deple tion of Designated Sources .
If the Contractor depletes designated sources, the Department will designate a new material source. The Department will pay the Contractor, as specified in 109.03, for the addition al cost of developing and reclaiming a new material source, including the cost of moving production plants . The Department will not allow a time extension for moving a plant between designated sources, unless the Contractor depletes the designated sources or the source is otherwise found to be unsatisfactory.
106.13 Department -Provided Material .
Provi de material required to complete the work. The Department will make the Department -provided material available to the Contractor at locations specified in the special provisions. Include the cost of handling and placing the Department -provided material in the contract unit price for the contract pay item incorporating the material including source recover y fees, royalties, and use tax. The Contractor is responsible for protecting the Department -provided material after its delivery. The Department will deduct the cost of replacing material from shortages, deficiencies and damage, and the cost of demurrage charges from Contractor payments.
106.14 Trade Names and Alternatives .
The contract may require certain materials under a trade name or manufacturer and catalog information. The Department will allow the Contractor to use alternative materials of equal quality and specified characteristics , if approved. for Highway Construction Page 65 of 715 106.15 QPL and Non- QPL Products . The Department will classify products as qualified product list (QPL ) products or non -QPL products. Qualified products are proprietary products determined to meet specifications for an applicable QPL category, or categories. The Department website lists categories of products, covered by the QPL. N on-QPL products are proprietary products available on the market and not classified under a category covered in the QPL. Products listed on the QPL are not guaranteed to meet BA requirements. BA certification is requir ed for products that apply to BA. If testing required by the contract to determine product acceptability will take longer than 7 calendar days, the Engineer will notify the Contractor of the additional time necessary to make a decision.
A.QPL Products . The Contractor may use approved products on the Q PL within the specified conditions. The Department also lists, for information only, products under review that have yet to be approv ed. Use of material from the QPL does not relieve the Contractor of its responsibility to incorporate the material into the work as required by the contract. If materials from the QPL do not meet the requirements, the Engineer will reject the material. Replace material rejected by the Engineer at no additional cost to the Department. The Contractor may use products, covered by but not listed in the QPL as follows:
1.Submit a written request to substitute an alternate product for a product in the QPL .
2.Submit a QPL application form that includes data showing the proposed product is equal or better than the QPL product.
3.The Engineer will review and respond to the request within 7 calendar days after the request receipt.
4.The Contractor must receive written approval before using an alternative product. If requesting the use of an alternative product, consider the following:
1.Intended purpose.
2.Compati bility with environmental conditions.
3.Aesthetics.
B.Non-QPL Products . The Contractor may use products in categories not covered in the QPL as specified in the contract . The Engineer will review the Contractor’s written request to use a non- QPL product and respond within 7 c alendar days or as otherwise specified. The Contractor must receive written approval before using a proposed product.
106.16 Disposal of Materials.
Disposal material will become the Contractor’s property. Remove these materials from the project site or dispose of them as specified or approved. Submit to the Engineer, in writing, the final hazardous materials disposal. for Highway Construction Page 66 of 715 SECTION 107 – LEGAL RELATIONS AND RESPONS IBILITY TO THE PUBLIC
107.01 Laws to be Observed .
Comply with all applicable local, state, and federal laws, ordinances, regulations, orders, and decrees. Protect and indemnify the Department, its agents, officials, employees, and the public owner (known as local public agency and local sponsor) against claims or liability that arise from, or are based on the violation of laws, ordinances, regulations, orders, or decrees, by the Contractor, the Contractor’s empl oyees, or subcontractors.
A.Federal -Aid Contracts. On federal -aid contracts, each Contractor and/or subcontractor will submit a certified copy of each weekly payroll. Include a statement, verifying fringe benefits payment, to the employee or to an authorized agent.
B.Non-Federal -Aid Contracts. The Contractor and the subcontractors must comply with Idaho Code, §§44- 1001 through 44- 1005 , which requires that ninety -five percent (95%) of employees working on the project be bona fide Idaho residents, except for projects with fewer than 50 employees. For projects with fewer than fifty (50) employees, up to ten percent (10%) may be nonresidents, provided the Contractor and the subcontractors give employment preference to Idaho residents. After award, the Department will require monthly certification with said laws. Along with the certification, the Department may request certified payroll or other information to verify compliance. The Contractor and the subcontractors must provide such information within five (5) business days. If noncompliance is determined or if the Contractor or the subcontractor does not provide the requested information to verify compliance, this will be considered a breach of contract and may lead to contract revocation and other remedies by contract and law. Failure to comply with the aforementioned Idaho laws may expose the Contractor to fines and/or imprisonment.
107.02 Permits and Licenses .
The Contractor is responsible for the following that are necessary to perform the work:
1.Obtaining and complying with permits and licenses .
2.Paying charges, fees, and taxes.
3.Providi ng the necessary notices. The Department will not issue contract time extensions for delays resulting from the Contractor’s failure to obtain permits in a prompt manner. The Contractor agrees to the following:
1.Promptly pay taxes, except on real property, excises, and license fees due to the state of Idaho, its subdivisions, and municipal and quasi -municipal corporations, accrued during the contract, even if they are payable at the end of the contract term.
2.Secure to the Engineer’s satisfaction, the taxes, excises, and license fees with officers of the taxing unit if they accrue and create a liabil ity constituting a lien on the Contractor’s property during the contract term, but are not payable at the end of the contract term.
Source: Idaho Standard Specifications for Highway Construction, 2023 Edition. Pages 95–101 of 768.