Control of Materials Art. 106.01 uncovering or removing, and the replacing of the covering or making good of the parts removed, will be at no additional cost to the Department. When the contract includes railroad grade separation or grade crossing work, all materials for and each part or detail of the work shall be subject at all times to the inspection of the representatives of the Railroad insofar as Railroad interests are concerned, but such inspection shall in no sense make the Railroad a party to the contract. Additional requirements for inspection of electrical work shall be according to Articles 801.09 and 801.10.
105.13 Final Inspection. Upon due notice from the Contractor of completion
of the entire project, the Engineer will make an inspection. If all construction provided for and contemplated by the contract is found satisfactorily completed according to all of the requirements of the contract, the inspection shall constitute the final inspection and the Engineer will notify the Contractor in writing of the date of final inspection. If the inspection discloses any work, in whole or in part as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same, and the Contractor shall immediately comply with such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. In such event, the Engineer will notify the Contractor in writing of the date of final inspection. Additional requirements for final inspection of electrical work shall be according to Articles 801.13 through 801.16. SECTION 106. CONTROL OF MATERIALS
106.01 Source of Supply and Quality Requirements. The materials used
on the work shall meet all quality requirements of the contract. The Contractor shall notify the Engineer of the proposed sources of materials prior to delivery. At the option of the Engineer, materials may be approved at the source of supply before delivery is started. 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, the Contractor shall furnish acceptable materials from other sources. All materials to be permanently incorporated in the work shall be new unless otherwise specifically prescribed in the contract documents. All iron and steel products, which are to be incorporated into the work, shall be domestically manufactured or produced and fabricated, unless an exception is expressly permitted under Federal and/or State law and written permission is given by the Department. The Contractor shall obtain from the iron or steel producer and/or fabricator, in addition to the mill analysis, a certification that all iron or steel materials meet these domestic source requirements. The application of all coatings, epoxy, galvanizing, painting, etc., to metal products shall be domestically applied. Art. 106.01 Control of Materials Metal materials other than iron and steel, which are not domestically produced, may be accepted provided:
a.The Contractor notifies the Department in advance of his/her intention to use other than domestically manufactured or produced material.
b.Written evidence is provided in English of compliance with all requirements of the Specifications.
c.Physical tests conducted by the Department verify the acceptability of the material. The Contractor is responsible for complying with these conditions so the material can be sampled and tested prior to the time it is required, and no material shall be incorporated in the work until approval is obtained from the Engineer.
106.02 Unacceptable Materials. All materials not conforming to the
requirements of the contract at the time they are used will be considered unacceptable and all such materials will be rejected and shall be removed immediately from the site of the work unless otherwise instructed by the Engineer. If in place, they shall be removed and replaced with acceptable materials at no additional cost to the Department. No rejected material, the defects of which have been corrected, shall be used until approval has been given. Upon failure of the Contractor to comply forthwith with any order of the Engineer pursuant to the provisions of this Article, the Engineer shall have authority to remove and replace defective materials and to deduct the cost of removal and replacement from any monies due or to become due the Contractor.
106.03 Samples, Tests, and Cited Specifications. All materials shall be
inspected, tested, and approved by the Engineer before incorporation in the work. The Contractor shall give sufficient advance notice of placing orders to permit tests to be completed before the materials are incorporated in the work, and the Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples and making inspections. All samples shall be furnished without charge to the Department. Any work in which untested and unaccepted materials are used without approval or written permission of the Engineer shall be performed at the Contractor’s risk and may be considered as unacceptable or unauthorized and will not be paid for. Unless otherwise designated, tests will be made by and at the expense of the Department. Samples will be taken by a qualified representative of the Department. All materials being used are subject to inspection, test or rejection at any time. When requested by the Department, the Contractor shall furnish a complete written statement of the origin, composition, and manufacture of any or all materials (manufactured, produced, or grown) to be used in the work. Wherever in the contract an abbreviated citation, from those listed in
Article 101 — 01, is used followed by an appropriate serial designation, it shall be
construed to mean the latest test or specification as the case may be, either as standards, tentative standards, interims, revisions, or amendments, in effect on the date of invitation for bids. Control of Materials Art. 106.05
106.04 Plant Inspection. The Engineer may undertake the inspection of
materials at the source. In the event plant inspection is undertaken, the Engineer shall have the cooperation and assistance of the Contractor and the source with whom the Contractor has contracted for materials, and shall have full entry at all times to such parts of the plant as may concern the manufacture or production of the materials being furnished. If required by the Engineer, the source of supply shall furnish an approved building for the use of the inspector. Such building shall be located conveniently near the plant independent of any building used by the source, and equipped essentially to the requirements of Article 670.04. It is understood that 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 contract. When required by the Engineer, the following shall be provided by the Contractor, or source of supply.
a.All necessary testing equipment and labor to test samples.
b.An approved sampling location and the necessary personnel to assist the Department representative in obtaining samples.
c.Adequate safety measures provided and maintained.
106.05 Source of Materials. The source of supply, of each material used,
shall be approved by the Engineer before delivery is started. If sources previously approved are found to be unacceptable at any time and fail to produce materials satisfactory to the Department, the Contractor shall furnish materials from other approved sources. If the Contractor decides to investigate new sources of supply, the Contractor shall furnish without charge such preliminary samples as the Department may require. Tests will be made on these preliminary samples and reports rendered, but it is understood that such tests are for informational purposes only and tests shall not be construed as a guarantee of acceptance of any material which may be delivered later for incorporation in the work. Only materials actually delivered for use will be considered, and their acceptance will be based solely upon the results of the tests made on these materials. If the Contractor installs equipment or apparatus to produce materials from new sources of supply, the Contractor does so at his/her own risk, and the Contractor shall assume full responsibility for the production of uniform and satisfactory materials. In case of failure of a source of supply to produce materials satisfactory to the Department, the Contractor shall indemnify and save harmless the Department from any and all claims for loss or damage of whatever nature which the Contractor may have suffered by reason of the installation of equipment and the operation of such sources of supply. Art. 106.05 Control of Materials When materials are furnished to the Contractor by the Department for inclusion in the work, the Contractor’s responsibility for all such materials shall be the same as for materials furnished by the Contractor.
106.06 Stored Materials. If it is necessary to store materials, they shall be
protected in such a manner as to ensure the preservation of their quality and fitness for the work. All stored materials will be inspected at the time of use in the work, even though they may have been inspected and approved before being placed in storage. The Contractor may use the right-of-way for storage of materials, but the stockpiles shall be confined to such cleared areas as approved by the Engineer. If stockpiling is done outside of the right-of-way, the additional space required shall be provided by the Contractor at no additional cost to the Department.
106.07 Handling Materials. All materials shall be handled in such manner as
to preserve their quality and fitness for the work. Aggregates shall be transported from the storage sites to the work in tight vehicles so constructed as to prevent loss or segregation of materials after loading and measuring in order to prevent inconsistencies in the quantities of materials intended for incorporation in the work as loaded, and the quantities as actually received at the place of operations.
106.08 Certification of Metal Fabricator. All fabricators performing work on
metal components of structures shall be certified under the appropriate category of the AISC Certification Program for Steel Bridge Fabricators as follows.
a.Fabricators of the main load carrying steel components of box girder, trusses over 200 ft (61 m) in length, arch, cable supported, moveable, and curved (radii under 1000 ft (305 m)) structures shall be certified under Category Advanced Bridges.
b.Fabricators of the main load carrying steel components of spliced rolled beams, welded plate girders, either simple span or continuous, trusses under 200 ft (61 m) in length, and curved (radii over 1000 ft (305 m)) structures, shall be certified under Category Intermediate Bridges.
c.Fabricators of the main load carrying steel components of unspliced rolled beam sections shall be certified under Category Simple Bridges.
d.Fabricators of overhead sign structures shall be on the Department’s list of pre-qualified Overhead Sign Structure Fabricators and certified under either (a), (b), (c) or Category Bridge and Highway Metal Component Manufacturers.
e.Fabricators of steel or other non-ferrous metal components of structures, not certified under (a), (b), or (c) above, shall be certified under the AISC program for Bridge and Highway Metal Component Manufacturers. In addition, fabricators of fracture critical main load carrying steel components of bridges shall also have the Fracture Critical Endorsement.
106.09 Electrical Work. Additional material requirements for electrical work
shall be according to Articles 801.01 through 801.08. Legal Regulations and Responsibility To Public Art. 107.05 SECTION 107. LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC
107.01 Laws to be Observed. The Contractor shall at all times observe and
comply with all Federal and State laws, local laws, ordinances, and regulations which in any manner affect the conduct of the work, and all such orders or enactments as exist at the present and which may be enacted later, of legislative bodies or tribunals having legal jurisdiction or which may have affect over the work, and no plea of misunderstanding or ignorance thereof will be considered. The Contractor shall indemnify and save harmless the State and all of its officers, agents, employees, and servants against any claim or liability arising from or based on the violation of such law, ordinance, regulation, order, or enactment, whether by the Contractor or anyone subject to the control of the Contractor.
107.02 Worker’s Compensation Insurance. Prior to the approval of his/her
contract by the Department, the Contractor shall furnish to the Department certificates of insurance covering Worker’s Compensation, or satisfactory evidence that this liability is otherwise taken care of according to Section 4(a) of the “Worker’s Compensation Act of the State of Illinois” as amended. Such insurance, or other means of protection as herein provided, shall be kept in force until all work to be performed under the terms of the contract has been completed and accepted according to the Specifications, and it is hereby understood and agreed the maintenance of such insurance or other protection, until acceptance of the work by the Department, is a part of the contract. Failure to maintain such insurance, cancellation by the Industrial Commission of its approval of such other means of protection as might have been elected, or any other act which results in lack of protection under the said “Worker’s Compensation Act” may be considered as a breach of the contract.
107.03 Employment Preference. The Contractor shall comply with the
“Veterans Preference Act” as amended. The foregoing requirements shall not be applied to discriminate or give preference to veterans of a district over veterans of any political jurisdiction, state, possession, or territory of the United States on Federal-Aid projects.
107.04 Permits and Licenses. The Contractor shall procure all permits and
licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. The Contractor before entering upon the right-of-way of a railroad for the performance of any construction work, or work preparatory thereto, shall secure permission from the Railroad Engineer for the occupancy and use of the railroad’s right-of-way outside the limits of the railroad grade separation structure or grade crossing; and, in addition, the Contractor shall confer with the Railroad Engineer relative to railroad requirements for clearances, operation, and general safety regulation.
107.05 Patented Devices, Material, and Processes. If any design, device,
material, or process covered by letters, patent, or copyright is used by the Contractor, whether required or not, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner, guaranteeing the Department indemnity from
Referenced in this section
CONTROL OF MATERIALS in other states
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Source: Illinois Standard Specifications for Road and Bridge Construction, 2022 Edition. Pages 38–42 of 1,217. View official source ↗