1-55 Section 105. Control of Materials
105.01 Quality and Source of Supply
Unless otherwise required by the contract, the Contractor must:
A.Provide new materials and fabricated items that meet the requirements of the specifications or approved by the Engineer in writ ing before use in the work.
B.At the preconstruction meeting, provide the information requested on MDOT Form 0501 Materials Source List for the materials to be used in the work . Temporary traffic control materials that are covered in MDOT ’s Materials Quality Assurance Procedures (MQAP) Manual (MQAP Manual ) are not required to be listed on F orm 0501.
C.Notify the Engineer in writing at least 7 days prior to materials being delivered to the site and materials being ready for sampling, testing, or inspection by the Department .
D.Provid e the Department with a reasonable time to perform the required sampling, testing, or inspection if the source of supply is changed.
E.Provide the required documentation and obtain written approval from the Engineer before transferring materials that the Department has accepted for use on another Department contract.
F.Regardless of the application, prohibit the use of the industrial byproducts covered in Part 115, Solid Waste Management , of the Natural Resourc es and Environmental Protection Act (MCL 324.11501 et seq. ). If the Department determines that a source of supply does not provide an acceptable product as required by the contract, the Engineer may require the Contractor to provide acceptable material fro m other sources. The Contractor is not entitled to an extension of time or compensation for delays, inconvenience, or any other cause attributed to the Contractor providing acceptable material from other sources.
105.02 Natural Material Sources Found within the E xcavation Limits
The Contractor may use natural material found within the excavation limits if the material meets the contract requirements of the work for which it is used, as determined by the Engineer. The Department will pay the Contractor for excavati ng this material at the corresponding contract unit price and for the pay item for which the excavated material is used. MDOT Standard Specifications for Construction Section 105 1-56 105.03. Borrow Material The Department defines borrow material as material found outside the excavation limits. The Contractor must provide bor row material , and the cost is included in the contract unit price of the pay items for which the borrow material is used. The Contractor may not remove borrow material from within the project limits for use on this or other projects unless prior written ap proval is obtained by the Engineer in writing. The Contractor must reimburse the Department for the borrow material removed from the p roject limits for use on other projects at a rate of $2 .00 per cubic yard, in-place volume. The contract may identify a so urce of Department -provided borrow material for the Contractor ’s use on the project. After removing the borrow material, the Contractor must not waste other material in the borrow area until approved by the Engineer in writing. If the contract identifies a source of borrow materials, it is the Contractor ’s responsibility to determine the equipment and work required to produce acceptable material from that source. Based on material test results, the Engineer may limit removal of material from a source and may reject portions of the material from the source in accordance with subsection 105.08. Before using material from sources other than those identified in the contract, the Contractor must provide written certification to the Engineer that the material is environmentally acceptable, acquire required rights and permits, and submit a copy of any permits to the Engineer. The cost of acquiring these sources, obtaining necessary permits, and using the material from these sources is included in the contract unit price of the pay item for which the material is used. Granular material excavated from underwater must be stockpiled and drained so it is free of water before placement on a prepared subgrade. If the Contractor chooses to dewater borrow mater ial by temporarily lowering the water table, the Contractor is responsible for damages caused by this method. After completing the work, the Contractor must restore sources of borrow material in accordance with subsection 205.03.H.2. The Contractor is responsible for necessary construction, maintenance, and rehabilitation of routes used to haul borrow material unless otherwise required by the contract. The cost to build and maintain routes to haul borrow material is included in the contract unit price for t he relevant pay items. The Contractor is responsible for damages caused by hauling operations in accordance with section 107. MDOT Standard Specifications for Construction Section 105 1-57 The Contractor must make provisions for haul routes involving a private railroad crossing in accordance with subsection 107.20.
105.04 Miscellaneous Quantities
If it is not possible to determine the locations and quantit ies of a pay item until after construction has begun, the plans will reflect a miscellaneous quantity. If the pay item with the miscellaneous quantity involves the purchase of materials, the Contractor must not order those materials until the Engineer has determined the actual quantity . Quantities may be adjusted by the Engineer as the work progresses.
105.05 Approval of Materials Incorporated into the Work
The Engineer may inspect materials that the Contractor will incorporate into the work at any time and at any place during the preparation, storage, and use of the materials. The Engineer will perform inspections of the materials, including sampling and testing, to determine whether the material meets the contract requirements. If the Engineer inspects the materials at the plant, the Contractor must ensure that the producer, supplier, or manufacturer provides and maintains accommodations for the exclusive use of the Engineer in per forming tests .
A.Approval by Certification or Qualified Products List. A materials certification or inclusion on the Qualified Products List is not to be construed as Department acceptance, warranty, or guarantee that the material provided by the Contractor meets the requirements of the contract. If the Contractor chooses to obtain materials under certification or from the Qualified Products List, the Contr actor must ensure the supplier provides materials that meet the contract requirements. If the Department approves the use of certified materials or materials from the Qualified Products List, the C ontractor is responsible for remov ing and replac ing nonconforming materials, even after final acceptance, unless the Contractor can prove all of the following:
1.The Contractor provided the notice required by subsection 105.01.C.
2.The Contractor provided the Department a reasonable time to sample, test, or inspect the material prior to incorporation into the work.
3.The Contractor did not know, and had no reason to know through reasonable inquiry, that substandard materials had been supplied.
4.The materials provided matched the material described in the certification statement or Qualified Products List. MDOT Standard Specifications for Construction Section 105 1-58 5. The material described in the certification statement or Qualified Products List conform to the requirements in the specification. The Contractor must notify the Engineer if the Contractor has, or by reasonable inquiry should have, reason to believe that a material supplier, producer, or manufacturer ’s circumstances have changed so that the quality of the materials certified for use on the project or materials on the Qualified Products List might not meet the contract requirements.
B.Approval by Test. The Contractor must provide such facilities as may be required by the contract for the Engineer to collect samples of materials and forward the samples to the testing laboratory. The materials represented by the samples being tested are not to be used until the Engineer determines that the materials meet the contract requirements. The Contractor must provide required samples to the Engineer at no additional cost to the Department. The Contractor must prepay transportation charges for shipment of samples to the testing laboratory designated by the Department. The Department will test these samples at its own expense.
105.06 Storage of Materials
The Department may designate portions of the r ight-of-way or other Department property on the plans as possible locations for storing materials in accordance with subsection 104.12. The Contractor must restore locations used for storage to pre-existing condition and in accordance with section 205. The Contractor must store materials as follows:
A.In a manner that will preserve the quality of the materials and prevent damage to existing woody vegetation not identified for removal ;
B.Protect items susceptible to damage;
C.In a location that does not prohibit or delay the Engineer ’s inspections ; and
D.On private property only if approved by the owner and lessee in writing. If storing materials on private property, the Contractor must provide a copy of the written permission to the Engineer. If the Engineer approved materials before the Contractor stored them, the Engineer may inspect the materials again before the Contractor incorporates them into the work.
105.07 Handling and Transporting Materials
The Contractor must handle materials in a manner that will preserve the quality of the materials. MDOT Standard Specifications for Construction Section 105 1-59 The Contractor must transport materials using vehicles constructed and maintained to prevent loss or s egregation of materials.
105.08 Nonconforming Materials
A.Nonconforming Materials Identified before Incorporation into the Work . The Engineer will take one of the following actions for nonconforming materials identified before incorporation into the work:
1.The Engineer will reject the nonconforming materials and direct the Contractor to correct the rejected materials or remove the rejected materials from the project and replace with materials that meet the contract requirements. The Contractor must correct or remove and replace the rejected materials at no additional cost to the Department. Before incorporating corrected materials into the work, the Contractor must obtain the Engineer ’s approval.
2.The Engineer will allow the nonconforming materials to be incorporated i nto the work and will make a reduction in the contract unit price for the relevant pay item or accept a guaranty bond in accordance with subsection 104.04.
B.Nonconforming Materials Identified after Incorporation into the Work. The Engineer will take one of the following actions for nonconforming materials identified after incorporation into the work:
1.The Engineer will reject the nonconforming materials in accordance with subsection 104.04.
2.The Engineer will allow the nonconforming materials to remain in place and will make a reduction in the contract unit price for the relevant pay item or accept a guaranty bond in accordance with subsection 104.04.
105.09 Materials Not Incorporated into the Work
Before the Engineer will grant final acceptance, the Contractor mus t remove materials not incorporated into the work from the project in accordance with subsection 205.03.P, except for materials produced specifically for the project. The Department may purchase the materials produced specifically for the project but not i ncorporated into the work. If the Department decides to purchase these materials, the Department will purchase only the surplus quantity of these materials not incorporated into the work. The surplus quantity is the difference between the quantity of the m aterial shown on the plans and the actual quantity of materials incorporated into the work. The Department will pay the Contractor only for the cost to produce, deliver, and MDOT Standard Specifications for Construction Section 105 1-60 handle these materials in accordance with subsection 109.05.C, excluding overhead and profit. Any specifically produced material not purchased by the Department will remain the Contractor ’s and must be removed from the project prior to final acceptance.
105.10 Source of Steel and Iron
The Contractor must provide steel and iron materials for permanent incorporation into the work that were produced only in the United States. FHWA may grant a waiver for steel and iron materials if they are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality. Steel and iron materials include steel, steel products, and products that include steel components. The Contractor must ensure that the manufacturing processes, including the application of coatings, for these materials and products occ ur in the United States. The application of coatings includes processes that protect or enhance the value of the material to which the coating is applied. The Contractor may provide a minimal amount of foreign steel materials on the project if the total invoice cost of the foreign steel materials permanently incorporated in the project does not exceed 0.1% of the original contract amount or $2, 500.00, whichever is greater. The Department defines the total invoice cost as the total value of the foreign steel materials delivered to the project. The Contractor must submit wr itten certification of compliance with the requirements of this subsection to the Engineer.
Source: Michigan Standard Specifications for Construction, 2020 Edition. Pages 67–72 of 1,146.