Control of Materials
106.01 Source of Supply and Quality Requirements.
Materials used in the work shall meet all quality requirements of the contract. To expedite inspection and testing of materials, the contractor shall notify the engineer of his proposed sources of materials at least three weeks prior to delivery. With w ritten authorization, materials may be approved at the source of supply before delivery is started. If it is found after installation that sources of supply for previously approved materials do not produce specified products or results, the contractor shal l furnish materials from other sources or make necessary changes to provide acceptable materials at no cost to the department.
106.02 Local Material Sources.
106.02.1 Designated Sources: Possible sources of local materials
may be designated o n the plans or in the specifi cations. The quality of material in such deposits will be acceptable in general, but the contractor shall determine the amount of equipment and work required to produce a material meeting specifications. It shall be understood that it is not feasible to ascertain from samples the limits for an entire deposit and that variations are to be expected. The engineer may order procurement of material from any portion of a deposit and may reject portions of the deposit as unacceptable. The Department may acquire and make available to the contractor the right to take materials from the sources designated o n the plans or in the specifications, with the right to use such property as specified for plant site, stockpiles or haul roads. When the contractor desires to u se material from sources other than those designated, the contractor shall acquire the necessary rights or permits to take materials from the sources and shall pay all costs related thereto, including any which may result from increased haul length. All c osts of exploring and developing such sources shall be borne by the contractor. Use of material from other than designated sources will not be permitted until representative samples taken by the engineer have been approved and written authority is issued for the use thereof. Control of Materials
106.01 Source of Supply and Quality Requirements.
Materials used in the work shall meet all quality requirements of the contract. To expedite inspection and testing of materials, the contractor shall notify the engineer of his proposed sources of materials at least three weeks prior to delivery. With w ritten authorization, materials may be approved at the source of supply before delivery is started. If it is found after installation that sources of supply for previously approved materials do not produce specified products or results, the contractor shal l furnish materials from other sources or make necessary changes to provide acceptable materials at no cost to the department.
106.02 Local Material Sources.
106.02.1 Designated Sources: Possible sources of local materials
may be designated o n the plans or in the specifi cations. The quality of material in such deposits will be acceptable in general, but the contractor shall determine the amount of equipment and work required to produce a material meeting specifications. It shall be understood that it is not feasible to ascertain from samples the limits for an entire deposit and that variations are to be expected. The engineer may order procurement of material from any portion of a deposit and may reject portions of the deposit as unacceptable. The Department may acquire and make available to the contractor the right to take materials from the sources designated o n the plans or in the specifications, with the right to use such property as specified for plant site, stockpiles or haul roads. When the contractor desires to u se material from sources other than those designated, the contractor shall acquire the necessary rights or permits to take materials from the sources and shall pay all costs related thereto, including any which may result from increased haul length. All c osts of exploring and developing such sources shall be borne by the contractor. Use of material from other than designated sources will not be permitted until representative samples taken by the engineer have been approved and written authority is issued for the use thereof. Control of Materials
106.01 Source of Supply and Quality Requirements.
Materials used in the work shall meet all quality requirements of the contract. To expedite inspection and testing of materials, the contractor shall notify the engineer of his proposed sources of materials at least three weeks prior to delivery. With w ritten authorization, materials may be approved at the source of supply before delivery is started. If it is found after installation that sources of supply for previously approved materials do not produce specified products or results, the contractor shal l furnish materials from other sources or make necessary changes to provide acceptable materials at no cost to the department.
106.02 Local Material Sources.
106.02.1 Designated Sources: Possible sources of local materials
may be designated o n the plans or in the specifi cations. The quality of material in such deposits will be acceptable in general, but the contractor shall determine the amount of equipment and work required to produce a material meeting specifications. It shall be understood that it is not feasible to ascertain from samples the limits for an entire deposit and that variations are to be expected. The engineer may order procurement of material from any portion of a deposit and may reject portions of the deposit as unacceptable. The Department may acquire and make available to the contractor the right to take materials from the sources designated o n the plans or in the specifications, with the right to use such property as specified for plant site, stockpiles or haul roads. When the contractor desires to u se material from sources other than those designated, the contractor shall acquire the necessary rights or permits to take materials from the sources and shall pay all costs related thereto, including any which may result from increased haul length. All c osts of exploring and developing such sources shall be borne by the contractor. Use of material from other than designated sources will not be permitted until representative samples taken by the engineer have been approved and written authority is issued for the use thereof.
106.02.2 Contractor Furnished Sources: When material deposits
are not designated in the plans or specifications, the contractor shall provide sources of acceptable material. When sources of materials are provided by the contractor, the Depart ment may assume the cost of processing samples to determine suitability of material.
106.02.3 Use of Materials Found on the Project: Unless
otherwise specified, the contractor may incorporate into the work materials found or produced on the project, such as reclai med asphalt pavement, recycled portland cement concrete, stone, gravel, sand, topsoil or other materials provided they meet the requirements of the use specified . Payment for removal of such materials will be made under the designated contract items such as cold planing asphalt pavement, removal of portland cement concrete pavement, excavation, etc. Payment will also be made for the pay items into which these materials are incorporated. The contractor shall replace at no direct pay with acceptable materia l all removed material which was needed for embankments, backfills, approaches or otherwise. No charge for materials so used will be made against the contractor. The contractor shall not excavate or remove material from within the right -of-way which is not within construction limits, as indicated by slope and grade lines, without written authorization from the engineer. If authorization is obtained, payment will not be made for excavation beyond slope and grade lines, nor will payment be made for any required replacement. Materials from existing structures may be used temporarily by the contractor in erection of new structures. Modification of such material will not be permitted without written approval.
106.03 ACCEPTANCE SAMPLES AND TESTS. Materials will be
inspected, tested , and approved before incorporation into the work. Work in which untested and unapproved materials are used shall be performed at the contractor's risk. Payment will not be made for materials or work found to be unacceptable and, when directed, shall be removed at the contractor's expense. Unless otherwise specified in the contract , sample and test per the Department ’s Materials Sampling Manual or as directed by the Materials Engineer. When the sample or test method is not cited, the following hierarchy applies:
106.02.2 Contractor Furnished Sources: When material deposits
are not designated in the plans or specifications, the contractor shall provide sources of acceptable material. When sources of materials are provided by the contractor, the Depart ment may assume the cost of processing samples to determine suitability of material.
106.02.3 Use of Materials Found on the Project: Unless
otherwise specified, the contractor may incorporate into the work materials found or produced on the project, such as reclai med asphalt pavement, recycled portland cement concrete, stone, gravel, sand, topsoil or other materials provided they meet the requirements of the use specified . Payment for removal of such materials will be made under the designated contract items such as cold planing asphalt pavement, removal of portland cement concrete pavement, excavation, etc. Payment will also be made for the pay items into which these materials are incorporated. The contractor shall replace at no direct pay with acceptable materia l all removed material which was needed for embankments, backfills, approaches or otherwise. No charge for materials so used will be made against the contractor. The contractor shall not excavate or remove material from within the right -of-way which is not within construction limits, as indicated by slope and grade lines, without written authorization from the engineer. If authorization is obtained, payment will not be made for excavation beyond slope and grade lines, nor will payment be made for any required replacement. Materials from existing structures may be used temporarily by the contractor in erection of new structures. Modification of such material will not be permitted without written approval.
106.03 ACCEPTANCE SAMPLES AND TESTS. Materials will be
inspected, tested , and approved before incorporation into the work. Work in which untested and unapproved materials are used shall be performed at the contractor's risk. Payment will not be made for materials or work found to be unacceptable and, when directed, shall be removed at the contractor's expense. Unless otherwise specified in the contract , sample and test per the Department ’s Materials Sampling Manual or as directed by the Materials Engineer. When the sample or test method is not cited, the following hierarchy applies:
106.02.2 Contractor Furnished Sources: When material deposits
are not designated in the plans or specifications, the contractor shall provide sources of acceptable material. When sources of materials are provided by the contractor, the Depart ment may assume the cost of processing samples to determine suitability of material.
106.02.3 Use of Materials Found on the Project: Unless
otherwise specified, the contractor may incorporate into the work materials found or produced on the project, such as reclai med asphalt pavement, recycled portland cement concrete, stone, gravel, sand, topsoil or other materials provided they meet the requirements of the use specified . Payment for removal of such materials will be made under the designated contract items such as cold planing asphalt pavement, removal of portland cement concrete pavement, excavation, etc. Payment will also be made for the pay items into which these materials are incorporated. The contractor shall replace at no direct pay with acceptable materia l all removed material which was needed for embankments, backfills, approaches or otherwise. No charge for materials so used will be made against the contractor. The contractor shall not excavate or remove material from within the right -of-way which is not within construction limits, as indicated by slope and grade lines, without written authorization from the engineer. If authorization is obtained, payment will not be made for excavation beyond slope and grade lines, nor will payment be made for any required replacement. Materials from existing structures may be used temporarily by the contractor in erection of new structures. Modification of such material will not be permitted without written approval.
106.03 ACCEPTANCE SAMPLES AND TESTS. Materials will be
inspected, tested , and approved before incorporation into the work. Work in which untested and unapproved materials are used shall be performed at the contractor's risk. Payment will not be made for materials or work found to be unacceptable and, when directed, shall be removed at the contractor's expense. Unless otherwise specified in the contract , sample and test per the Department ’s Materials Sampling Manual or as directed by the Materials Engineer. When the sample or test method is not cited, the following hierarchy applies:
106.02.2 Contractor Furnished Sources: When material deposits
are not designated in the plans or specifications, the contractor shall provide sources of acceptable material. When sources of materials are provided by the contractor, the Depart ment may assume the cost of processing samples to determine suitability of material.
106.02.3 Use of Materials Found on the Project: Unless
otherwise specified, the contractor may incorporate into the work materials found or produced on the project, such as reclai med asphalt pavement, recycled portland cement concrete, stone, gravel, sand, topsoil or other materials provided they meet the requirements of the use specified . Payment for removal of such materials will be made under the designated contract items such as cold planing asphalt pavement, removal of portland cement concrete pavement, excavation, etc. Payment will also be made for the pay items into which these materials are incorporated. The contractor shall replace at no direct pay with acceptable materia l all removed material which was needed for embankments, backfills, approaches or otherwise. No charge for materials so used will be made against the contractor. The contractor shall not excavate or remove material from within the right -of-way which is not within construction limits, as indicated by slope and grade lines, without written authorization from the engineer. If authorization is obtained, payment will not be made for excavation beyond slope and grade lines, nor will payment be made for any required replacement. Materials from existing structures may be used temporarily by the contractor in erection of new structures. Modification of such material will not be permitted without written approval.
106.03 ACCEPTANCE SAMPLES AND TESTS. Materials will be
inspected, tested , and approved before incorporation into the work. Work in which untested and unapproved materials are used shall be performed at the contractor's risk. Payment will not be made for materials or work found to be unacceptable and, when directed, shall be removed at the contractor's expense. Unless otherwise specified in the contract , sample and test per the Department ’s Materials Sampling Manual or as directed by the Materials Engineer. When the sample or test method is not cited, the following hierarchy applies:
106.04 CERTIFICATES. Certificates shall include Certificates of
Analysis, Certificates of Compliance, and Certificates of Delivery. These certificates shall be furnished prior to use of materials for which the certificates are required. They shall be signed by the material manufacturer, the manufacturer of assembled materials or the material supplier. If the contract has a Buy America provision, the certificates must indicate compliance with the provision. Materials used on the basis of these certificates may be sampled and tested at any time. The fact that material is used on the basis of a certificate shall not relieve the contractor of responsibility for incorporating material in the work which conforms to the plans and specifications. Distribution of certificates and req uirements for further sampling and testing of certified materials shall be as outlined in the Department's Materials Sampling Manual. The Department reserves the right to refuse to permit the use of material on the basis of a certificate.
106.05 CONTRACTOR QUALIT Y CONTROL. The contractor shall
establish and maintain an effective quality control process. The quality
106.04 CERTIFICATES. Certificates shall include Certificates of
Analysis, Certificates of Compliance, and Certificates of Delivery. These certificates shall be furnished prior to use of materials for which the certificates are required. They shall be signed by the material manufacturer, the manufacturer of assembled materials or the material supplier. If the contract has a Buy America provision, the certificates must indicate compliance with the provision. Materials used on the basis of these certificates may be sampled and tested at any time. The fact that material is used on the basis of a certificate shall not relieve the contractor of responsibility for incorporating material in the work which conforms to the plans and specifications. Distribution of certificates and req uirements for further sampling and testing of certified materials shall be as outlined in the Department's Materials Sampling Manual. The Department reserves the right to refuse to permit the use of material on the basis of a certificate.
106.05 CONTRACTOR QUALIT Y CONTROL. The contractor shall
establish and maintain an effective quality control process. The quality
106.04 CERTIFICATES. Certificates shall include Certificates of
Analysis, Certificates of Compliance, and Certificates of Delivery. These certificates shall be furnished prior to use of materials for which the certificates are required. They shall be signed by the material manufacturer, the manufacturer of assembled materials or the material supplier. If the contract has a Buy America provision, the certificates must indicate compliance with the provision. Materials used on the basis of these certificates may be sampled and tested at any time. The fact that material is used on the basis of a certificate shall not relieve the contractor of responsibility for incorporating material in the work which conforms to the plans and specifications. Distribution of certificates and req uirements for further sampling and testing of certified materials shall be as outlined in the Department's Materials Sampling Manual. The Department reserves the right to refuse to permit the use of material on the basis of a certificate.
106.05 CONTRACTOR QUALIT Y CONTROL. The contractor shall
establish and maintain an effective quality control process. The quality control process shall consist of plans, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, constructio n and operations which comply with the contract requirements. The process shall cover all operations both onsite and offsite, and shall be keyed to the proposed construction sequence. The Contractor is responsible for all subcontractors’ quality control. Comply with all requirements in the latest edition of the Department’s Quality Assurance Manual” for the appropriate specification section. Contractor personnel performing sampling and testing, observation, or inspection for the quality control process sh all be evaluated and accepted by the Department in accordance with Departmental requirements. Contractor personnel shall have appropriate training and experience in testing procedures and methods of construction for the work they are overseeing. When spec ifications allow using quality control test results in the acceptance decision, contractor use of an accredited laboratory and certified inspectors is required, or, for materials not normally accredited , certifi cation by a licensed Engineer in the State of Louisiana .
106.06 PLANT INSPECTION. The Department reserves the right to
inspect plants and operations producing materials and to test materials prior to incorporation into the work as necessary to ensure contract compliance. When plant inspection is undertak en, the following conditions shall be met:
106.07 FIELD LABORATORY. The contractor shall provide project site
laboratories as req uired by the specifications to be used exclusively for material acceptance purposes by the Department. The buildings shall be installed, furnished, equipped and maintained in accordance with Section control process shall consist of plans, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, constructio n and operations which comply with the contract requirements. The process shall cover all operations both onsite and offsite, and shall be keyed to the proposed construction sequence. The Contractor is responsible for all subcontractors’ quality control. Comply with all requirements in the latest edition of the Department’s Quality Assurance Manual” for the appropriate specification section. Contractor personnel performing sampling and testing, observation, or inspection for the quality control process sh all be evaluated and accepted by the Department in accordance with Departmental requirements. Contractor personnel shall have appropriate training and experience in testing procedures and methods of construction for the work they are overseeing. When spec ifications allow using quality control test results in the acceptance decision, contractor use of an accredited laboratory and certified inspectors is required, or, for materials not normally accredited , certifi cation by a licensed Engineer in the State of Louisiana .
106.06 PLANT INSPECTION. The Department reserves the right to
inspect plants and operations producing materials and to test materials prior to incorporation into the work as necessary to ensure contract compliance. When plant inspection is undertak en, the following conditions shall be met:
106.07 FIELD LABORATORY. The contractor shall provide project site
laboratories as req uired by the specifications to be used exclusively for material acceptance purposes by the Department. The buildings shall be installed, furnished, equipped and maintained in accordance with Section control process shall consist of plans, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, constructio n and operations which comply with the contract requirements. The process shall cover all operations both onsite and offsite, and shall be keyed to the proposed construction sequence. The Contractor is responsible for all subcontractors’ quality control. Comply with all requirements in the latest edition of the Department’s Quality Assurance Manual” for the appropriate specification section. Contractor personnel performing sampling and testing, observation, or inspection for the quality control process sh all be evaluated and accepted by the Department in accordance with Departmental requirements. Contractor personnel shall have appropriate training and experience in testing procedures and methods of construction for the work they are overseeing. When spec ifications allow using quality control test results in the acceptance decision, contractor use of an accredited laboratory and certified inspectors is required, or, for materials not normally accredited , certifi cation by a licensed Engineer in the State of Louisiana .
106.06 PLANT INSPECTION. The Department reserves the right to
inspect plants and operations producing materials and to test materials prior to incorporation into the work as necessary to ensure contract compliance. When plant inspection is undertak en, the following conditions shall be met:
106.07 FIELD LABORATORY. The contractor shall provide project site
laboratories as req uired by the specifications to be used exclusively for material acceptance purposes by the Department. The buildings shall be installed, furnished, equipped and maintained in accordance with Section 722, and ready for use prior to the time the contractor's operations require testing.
106.08 FOREIGN MATERIALS. Materials manufactured outside the
United States shall be delivered to approved locations within the United States, where they shall be retained until sampling and testing can be completed. Testing by the contractor shall be performed within the State at the contractor’s expense, and be subject to witnessing by the engineer. Each lot of foreign material shall be accompanied by a Certificate of Compliance prepared in accordance with 106.04 . Certificates of Analysis prepared in accordance with 106.04 shall be attached to the Certificate of Compliance for those materials for which Certificates of Analysis are required. These certificates shall clearly identify the lot to which they apply. Structural materials requiring Certificates of Analysis (Mill Test Reports) will be accepted only from foreign manufacturers who have previously established to the satisfaction of the engineer the adequacy of their in -plant quality control. Adequacy of quality control shall be established, at the option of the engine er, by submission of detailed written proof of adequate quality control or through a plant inspection by the engineer. No structural materials will be accepted which cannot be properly identified with Certificates of Analysis and Certificates of Compliance .
106.09 MATERIAL STORAGE AND PLANT SITE. Materials shall be
stored and/or stockpiled to assure preservation of their quality and fitness for the work. Such materials, even though accepted before storage, may again be inspected prior to their use in the work. Stored and/or stockpiled materials shall be located to facilitate their prompt inspection. Approved portions of the right -of-way may be used for storage and for placing the contractor's plant and equipment. Additional space required shall be provided by the contractor at no direct pay.
106.10 HANDLING MATERIALS. Materials shall be handled to
preserve their quality and fitness for the work. Transport m aterials from the storage site to the work in vehicles constructed to prevent loss or segregation of materials after loading and measurement, ensuring 722, and ready for use prior to the time the contractor's operations require testing.
106.08 FOREIGN MATERIALS. Materials manufactured outside the
United States shall be delivered to approved locations within the United States, where they shall be retained until sampling and testing can be completed. Testing by the contractor shall be performed within the State at the contractor’s expense, and be subject to witnessing by the engineer. Each lot of foreign material shall be accompanied by a Certificate of Compliance prepared in accordance with 106.04 . Certificates of Analysis prepared in accordance with 106.04 shall be attached to the Certificate of Compliance for those materials for which Certificates of Analysis are required. These certificates shall clearly identify the lot to which they apply. Structural materials requiring Certificates of Analysis (Mill Test Reports) will be accepted only from foreign manufacturers who have previously established to the satisfaction of the engineer the adequacy of their in -plant quality control. Adequacy of quality control shall be established, at the option of the engine er, by submission of detailed written proof of adequate quality control or through a plant inspection by the engineer. No structural materials will be accepted which cannot be properly identified with Certificates of Analysis and Certificates of Compliance .
106.09 MATERIAL STORAGE AND PLANT SITE. Materials shall be
stored and/or stockpiled to assure preservation of their quality and fitness for the work. Such materials, even though accepted before storage, may again be inspected prior to their use in the work. Stored and/or stockpiled materials shall be located to facilitate their prompt inspection. Approved portions of the right -of-way may be used for storage and for placing the contractor's plant and equipment. Additional space required shall be provided by the contractor at no direct pay.
106.10 HANDLING MATERIALS. Materials shall be handled to
preserve their quality and fitness for the work. Transport m aterials from the storage site to the work in vehicles constructed to prevent loss or segregation of materials after loading and measurement, ensuring 722, and ready for use prior to the time the contractor's operations require testing.
106.08 FOREIGN MATERIALS. Materials manufactured outside the
United States shall be delivered to approved locations within the United States, where they shall be retained until sampling and testing can be completed. Testing by the contractor shall be performed within the State at the contractor’s expense, and be subject to witnessing by the engineer. Each lot of foreign material shall be accompanied by a Certificate of Compliance prepared in accordance with 106.04 . Certificates of Analysis prepared in accordance with 106.04 shall be attached to the Certificate of Compliance for those materials for which Certificates of Analysis are required. These certificates shall clearly identify the lot to which they apply. Structural materials requiring Certificates of Analysis (Mill Test Reports) will be accepted only from foreign manufacturers who have previously established to the satisfaction of the engineer the adequacy of their in -plant quality control. Adequacy of quality control shall be established, at the option of the engine er, by submission of detailed written proof of adequate quality control or through a plant inspection by the engineer. No structural materials will be accepted which cannot be properly identified with Certificates of Analysis and Certificates of Compliance .
106.09 MATERIAL STORAGE AND PLANT SITE. Materials shall be
stored and/or stockpiled to assure preservation of their quality and fitness for the work. Such materials, even though accepted before storage, may again be inspected prior to their use in the work. Stored and/or stockpiled materials shall be located to facilitate their prompt inspection. Approved portions of the right -of-way may be used for storage and for placing the contractor's plant and equipment. Additional space required shall be provided by the contractor at no direct pay.
106.10 HANDLING MATERIALS. Materials shall be handled to
preserve their quality and fitness for the work. Transport m aterials from the storage site to the work in vehicles constructed to prevent loss or segregation of materials after loading and measurement, ensuring 722, and ready for use prior to the time the contractor's operations require testing.
106.08 FOREIGN MATERIALS. Materials manufactured outside the
United States shall be delivered to approved locations within the United States, where they shall be retained until sampling and testing can be completed. Testing by the contractor shall be performed within the State at the contractor’s expense, and be subject to witnessing by the engineer. Each lot of foreign material shall be accompanied by a Certificate of Compliance prepared in accordance with 106.04 . Certificates of Analysis prepared in accordance with 106.04 shall be attached to the Certificate of Compliance for those materials for which Certificates of Analysis are required. These certificates shall clearly identify the lot to which they apply. Structural materials requiring Certificates of Analysis (Mill Test Reports) will be accepted only from foreign manufacturers who have previously established to the satisfaction of the engineer the adequacy of their in -plant quality control. Adequacy of quality control shall be established, at the option of the engine er, by submission of detailed written proof of adequate quality control or through a plant inspection by the engineer. No structural materials will be accepted which cannot be properly identified with Certificates of Analysis and Certificates of Compliance .
106.09 MATERIAL STORAGE AND PLANT SITE. Materials shall be
stored and/or stockpiled to assure preservation of their quality and fitness for the work. Such materials, even though accepted before storage, may again be inspected prior to their use in the work. Stored and/or stockpiled materials shall be located to facilitate their prompt inspection. Approved portions of the right -of-way may be used for storage and for placing the contractor's plant and equipment. Additional space required shall be provided by the contractor at no direct pay.
106.10 HANDLING MATERIALS. Materials shall be handled to
preserve their quality and fitness for the work. Transport m aterials from the storage site to the work in vehicles constructed to prevent loss or segregation of materials after loading and measurement, ensuring consistent quantities of materials loaded and consistent quantities received at the place of operations.
106.11 UNACCEPT ABLE MATERIALS. Materials not conforming to
specifications will be rejected and shall be removed immediately from the work site, unless otherwise directed by the engineer . In addition, if required by the engineer, a sample of the rejected material shall be preserved and delivered to the Department as directed at no additional cost or expense to the Department. No rejected material shall be used until the defects have been corrected and subsequent additional approval has been given.
106.12 DEPARTMENT -FURNISHED MATERIAL. The contractor
shall furnish all materials required to complete the work, except those specified to be furnished by the Department. Material furnished by the Department will be delivered or made available to the contractor at the points specified . The cost of handling and placing materials after they are delivered to the contractor shall be considered as included in the contract price for the item in connection with which they are used. The contractor will be responsible for material delivered. D eductions will be made from payments for the work to make good any shortages and deficiencies, for any damage which occurs after such delivery, and for any demurrage charges. consistent quantities of materials loaded and consistent quantities received at the place of operations.
106.11 UNACCEPT ABLE MATERIALS. Materials not conforming to
specifications will be rejected and shall be removed immediately from the work site, unless otherwise directed by the engineer . In addition, if required by the engineer, a sample of the rejected material shall be preserved and delivered to the Department as directed at no additional cost or expense to the Department. No rejected material shall be used until the defects have been corrected and subsequent additional approval has been given.
106.12 DEPARTMENT -FURNISHED MATERIAL. The contractor
shall furnish all materials required to complete the work, except those specified to be furnished by the Department. Material furnished by the Department will be delivered or made available to the contractor at the points specified . The cost of handling and placing materials after they are delivered to the contractor shall be considered as included in the contract price for the item in connection with which they are used. The contractor will be responsible for material delivered. D eductions will be made from payments for the work to make good any shortages and deficiencies, for any damage which occurs after such delivery, and for any demurrage charges. consistent quantities of materials loaded and consistent quantities received at the place of operations.
106.11 UNACCEPT ABLE MATERIALS. Materials not conforming to
specifications will be rejected and shall be removed immediately from the work site, unless otherwise directed by the engineer . In addition, if required by the engineer, a sample of the rejected material shall be preserved and delivered to the Department as directed at no additional cost or expense to the Department. No rejected material shall be used until the defects have been corrected and subsequent additional approval has been given.
106.12 DEPARTMENT -FURNISHED MATERIAL. The contractor
shall furnish all materials required to complete the work, except those specified to be furnished by the Department. Material furnished by the Department will be delivered or made available to the contractor at the points specified . The cost of handling and placing materials after they are delivered to the contractor shall be considered as included in the contract price for the item in connection with which they are used. The contractor will be responsible for material delivered. D eductions will be made from payments for the work to make good any shortages and deficiencies, for any damage which occurs after such delivery, and for any demurrage charges. Section 107 Legal Relations and Responsibility to Public
107.01 LAWS TO BE OBSERVED. The contractor shall keep informed
of and comply with all Federal, State and local laws, ordinances and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which affect those employed on the work or which affect the conduct of the work. The contractor shall indemnify the State and its representatives against any claim or liability arising from violation of any such law, bylaw, ordinance, code, regulation, order or decree, whether by the contractor or the contractor's employees. Soil and soil -moving equipment operating in regulated areas will be subject to plant quarantine regulations. These regulations provide for cleaning soil from equipment before it is moved from regulated areas to prevent spread of ha rmful agricultural pests from areas quarantined by the State or U. S. Department of Agriculture. Complete information may be obtained from the appropriate district office of the USDA Plant Protection Division. When the Department is the contracting agency , (1) any litigation arising under or related to the contract or the bidding or award thereof shall be instituted in the 19th Judicial District Court in and for the Parish of East Baton Rouge, State of Louisiana, and (2) the contractor shall ensure that ea ch subcontract for the project also requires that any litigation arising under the contract, other than to enforce a lien pursuant to L.R.S. 48:256.3 et seq. , be instituted in the 19th Judicial District Court in and for the Parish of East Baton Rouge, State of Louisiana. If any court of competent jurisdiction holds that any provision of this Contract is invalid or unenforceable, then the meaning of such provision shall be construed so as to render it enforceable to the extent feasible; and if no feasibl e interpretation would save such provision, it shall be severed from this Contract and the remainder of this Contract shall remain in full force and effect.
107.02 Permits, Licenses, Taxes and Insurance.
Contractors shall procure temporary permits and licenses for the work, pay charges, fees, and taxes, and give notices necessary for lawful prosecution of the work. Contractor, and its subcontractors, shall maintain all licenses