106Control of Material

106.01 Source of Supply and Quality Requirements

The contract specifies the basis of acceptance for materials and assemblies.

106.01.1 Source of Supply

Use only materials that meet the contract requirements. Submit a list of the names and addresses of the suppliers, producers, manufacturers, and fabricators furnishing products for the contract. Submit the list via email to mdtmico@mt.gov and the Project Manager. The Project Manager’s email address is available from the MDT District Office. Itemize the list as shown in the contract schedule of items. Material may be inspected and tested at the source of supply before delivery to the project. All materials may be inspected, tested, and possibly rejected before incorporated into the work. Perform sampling of any material to be tested in accordance with the contract. The Department will decide if a sample was taken correctly. Samples not properly taken may be rejected and may not be accepted for testing. Determine the quality and quantity of materials produced at or developed from any source based on the contract documents and by conducting an independent source investigation. If payments due the owner of a materials source become delinquent and the owner notifies the Department, a sum equal to the amount of the delinquent payments may be withheld from estimate payments due the Contractor.

106.01.2 Samples, Tests, and Cited Specifications

106.01.3 Unacceptable Materials

All materials not meeting the contract requirements will be accepted or rejected under Subsection 105.03.

106.02 Local Material Sources

106.02.1 General

Local aggregate, borrow, and topsoil materials sources include prospected sources, Contractor-furnished sources, and mandatory sources. Provide the source for obtaining local materials unless mandatory sources are specified. When prospected sources are identified in the contract, use the prospected sources, or locate other sources of material. Contractor-furnished sources must be approved by the Department. The Contractor must:

106.02.2 Prospected Sources

Each District/Area lab has historical information regarding potential prospected sources. This information typically includes the source location, owner, and some test results of samples taken from the source. To view or obtain this information for sources near a project, contact the Area Lab Supervisor. The phone numbers for the District area offices are in Table 106-1 . TABLE 106-1 DISTRICT/AREA LAB PHONE NUMBERS Area Phone Number Missoula (406) 523-5800 Kalispell (406) 751-2000 Butte (406) 494-9600 Bozeman (406) 556-4700 Great Falls (406) 454-5880 Havre (406) 262-5500 Glendive (406) 345-8200 Wolf Point (406) 653-6700 Miles City (406) 233-3600 Billings (406) 252-4138 Lewistown (406) 538-1300 Helena (406) 444-6300 The Department is not responsible for the quantity or quality of materials indicated in the prospected source reports. Test data included in the reports are based on the samples tested 2020 EDITION V5.1 CONTROL OF MATERIAL – 106 106-3 from the exact locations shown using standard tests. No interpretation is made or intended by the Department. Any interpretation is the judgment of the person examining the tests. See Subsection 102.06 concerning verifying quantity and quality by an independent subsurface investigation before submitting a bid. Make arrangements with landowners for sampling and obtaining material from the prospected material sources. Do not sell or use material from Department-owned or Department-optioned sources for anything other than the designated project without a written agreement from the landowner and Department approval. Other than those requirements specified in a written agreement between the landowner and Department, any arrangements between the landowner and the Contractor are solely between them. Submit all correspondence and agreements with the landowner Notify the Department in writing if a prospected source is to be used and list the contract items for which that material will be used. Pay all royalties, obtain all required permits, and follow their requirements. Coordinate with the landowner to determine the access routes that are allowed for use and any additional landowner requirements. Adhere to all agreed stipulations, including contouring of pits, topsoil conservation and replacement, seeding, repair or obliteration of haul roads, cattle guards, and fencing; the cost of which is incidental to and included in the materials cost.

106.02.3 Contractor-Furnished Sources

Acquire the rights to take materials from Contractor-furnished sources and pay all related costs, including costs due to increased haul length, exploring and source development. Furnish material that meets all statutory and regulatory requirements for being non-toxic and non-hazardous. Do not furnish material from mine tailings and waste, slag, sources within state and federal superfund sites, or sources within areas known or suspected to be contaminated with toxic substances or petroleum products unless laboratory reports from an approved laboratory indicate the material meets these requirements. Obtain Department approval for any special borrow, concrete, surfacing, bituminized, and riprap aggregates sources prior to use. Arrange with the Project Manager for representative samples to be taken and witnessed by the Department at least 30 calendar days before beginning production. Provide all equipment and labor necessary for the sampling. See Subsection 106.10 for the number of Department furnished tests at Department expense. The Department’s approval of the source does not release the Contractor from the responsibility to produce materials meeting all specified acceptance requirements.

106.02.4 Mandatory Material Sources

Use of materials from mandatory sources is a condition for preparing a bid and executing a contract. Follow the conditions in the contract for producing materials from mandatory sources.

106.02.5 Reclamation Requirements

106.02.6 Protection of Livestock and Property

Prevent livestock from straying into or out of any materials source. Protect all irrigation facilities from construction operations. Promptly repair or replace damaged irrigation facilities to the landowner’s satisfaction at Contractor expense. 106 – CONTROL OF MATERIAL 2020 EDITION V5.1 106-6

106.02.7 Rejects (Excess Fines)

Material referred to as “rejects” are inherent in a rock pit, gravel pit, or quarry, or accumulated during crushing and screening operations. Stockpile rejects, from material sources owned or optioned by the Department and not acceptable for use on the project, at a site selected or approved by the Project Manager when requested. Stockpiled reject material is paid for at 15 cents per ton mile (10 cents per MT- km) for haul in excess of 200 feet (61 m) from the crusher site to the stockpile. Retain title to all rejects accumulated during aggregate production from Contractor-furnished sources. Department purchased rejects are paid for at an agreed purchase price.

106.03 Certification of Compliance

A certification of compliance states the material meets the contract requirements. A manufacturer’s authorized representative must sign the certificate. Clearly identify each lot of certified materials or assemblies delivered to the work in the certificate of compliance. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time. Materials not meeting contract requirements will be rejected.

106.03.1 Product Data Sheet

A product data sheet describes the mechanical, thermal, physical, chemical, and specific properties of the product. Product data sheets must contain relevant standards, test methods, and results for applicable materials and subcomponents showing products to be in compliance with contract requirements.

106.04 Plant Inspection

Meet the following conditions if materials are Department inspected at the source of supply or manufacture:

106.05 Field Laboratory

The Department will furnish all field offices, laboratories, and cure boxes. Furnish and install electrical power as directed: • A continuous 200-ampere, 220-to-230-volt, single phase, 60-hertz power supply using a four-wire connector; or • A 110 to 120 volt alternating current of sufficient capacity. Have the source connected by a Montana licensed electrician. Furnish a potable water supply to operate all testing equipment for the offices and laboratories. Notify the Project Manager at least 2 business days prior to producing material to be tested in the field laboratory or cured in the cure boxes. Do not begin production until the test trailer or cure boxes is fully operational. No additional payment will be made for providing power and water to the field office and laboratories or cure boxes. Include these costs in the other items on the project. 2020 EDITION V5.1 CONTROL OF MATERIAL – 106 106-7

106.06 Qualified Products List

The Department’s Materials Bureau maintains a QPL. Obtain further information and requirements on the QPL website, located at http://www.mdt.mt.gov contracting/consultant link. The QPL is limited to certain types of items. Different types of products may be added to or deleted from the QPL. Procedures for qualifying, listing, and de-listing products are available on the QPL website. Materials listed as approved on the QPL at the time the materials are delivered to the project may be accepted as a pre-approved QPL item in lieu of the normal sampling and testing procedures. Submit the documentation required by the QPL. Work to qualify or list products on the QPL is not measured for payment.

106.07 Handling and Storage of Materials

Store and handle materials to preserve their quality. Stored materials are subject to inspection and re-testing before incorporating into the work. Locate stored materials for ease of inspection. Obtain approval to use portions of the R/W for storage and placing the plant and equipment. Obtain additional required space at Contractor expense. Do not use private property for storage without the landowners or lessees’ written permission. Submit copies of the written permission. Restore all storage sites to original condition at Contractor expense. Transport bulk materials in vehicles that do not cause material loss or segregation.

106.08 Department Furnished Material

Department furnished material will be delivered or made available at the locations specified. Include the cost of handling and placing Department-furnished materials in the contract unit price for the item. Be responsible for all Department furnished material. Deductions will be made from any monies due for shortages, deficiencies, and damage that occur after delivery. Demurrage charges, resulting from failure to accept the material at the designated time and location will be deducted from monies due the Contractor.

106.09 Domestic Materials

Furnish domestic steel or iron materials for permanent incorporation in the work. Domestic material is material produced by manufacturing processes, including coating of steel or iron, that have occurred entirely in the United States. Pig iron, and processed, pelletized, and reduced iron ore may be manufactured outside the United States. In accordance with MT 601 , furnish the appropriate manufacturer's documentation of the manufacturing processes, including coatings of covered materials, as performed in the United States. Submit a completed form 406 for all Category 1 or Category 2 items. Do not incorporate steel or iron materials into the project until all required documentation is submitted to the Department. Ensure that suppliers understand Buy America and contract requirements to supply the required documentation. Domestic steel and iron must meet the requirements of 23 CFR 635.410 and 23 USC Section 313. Submit documentation to the Department in a clear, organized, legible manner or it will be returned. Clarify which material certifications are for which items. The Department will review the submitted documentation one time at no cost to the contractor. If the Department determines that the submitted documentation is inadequate or fails to meet the contract requirements, the submitted documentation will be 106 – CONTROL OF MATERIAL 2020 EDITION V5.1 106-8 returned for clarification or correction. The cost for the Department’s re-review of the same submittal is the contractor’s responsibility and may be deducted from contractor payments. The Department will not accept items installed until all supporting documentation has been reviewed and is found to be in accordance with the contract requirements. Insufficient or unavailable documentation or documentation showing products to contain steel of foreign origin are grounds for removal and replacement at the contractor’s expense. Material inspection of pre-cast products, and prefabricated steel products, may take place at the point of manufacture. Material inspection of prestressed concrete items and prefabricated steel bridge members included in Subsections 556.03.1 (1), (2), and (3) will take place at point of manufacture. Pre-cast concrete plants and prefabricated steel plants may be inspected by the Department or may be required to maintain a third-party certification, or both. The Department reserves the right to determine the level of inspection when not otherwise stated in these specifications or the contract. When the Department inspects these products or facilities, the District Materials Lab, Helena Materials Bureau, or Department representative will verify that the fabricator is maintaining supporting documentation. All pre-cast products containing steel and prefabricated steel products delivered to the project must be accompanied by signed documentation from the end product manufacturer (precast plant or prefabrication plant) which states that all steel used in the product has been produced by manufacturing processes, including coating of steel or iron, that have occurred entirely in the United States (melted/recycled and manufactured in the U.S.) and they have maintained supporting documentation. When products or facilities have been inspected by the Department as described above, original mill test reports from steel fabricators or suppliers are not required to be submitted for precast and prefabricated steel products, however all supporting documentation (original mill test reports and certification of all manufacturing processes, including coatings) must be maintained by the fabricator and made available to the Department as requested. When products or facilities have not been inspected by the Department as described above, submit documentation as required by Section MT 601 of the Montana Materials Manual. Submit a form 406 with the appropriate level of signed documentation by the end product manufacturer that all steel incorporated has been produced by manufacturing processes, including coating of steel or iron, that have occurred entirely in the United States (melted/recycled and manufactured in the U.S.). A minimal quantity of foreign manufactured steel and iron material may be used if the cost of the material, including delivery costs to the project, does not exceed one-tenth of 1% of the total contract amount or $2,500.00, whichever is greater. Submit a request to use a minimal quantity of foreign manufactured steel and iron a minimum of 5 business days before incorporation into the work. Include in the request the dollar amount of the steel for this request, and the cumulative dollar amount requested to date. Provide documentation, typically in the form of invoices, showing product and delivery cost. Failure to do so will require removal and replacement of all foreign steel and iron with domestic steel and iron. If the foreign steel and iron cannot be positively distinguished from any domestic material used, then all of the material must be removed and replaced with domestic steel and iron at the contractor’s expense.

106.09.1 Steel Price Adjustment

The Contractor may elect to participate in a Steel Price Adjustment to payments for selected bid items made primarily of steel. Payment adjustments will only be made for fluctuations in the cost of the steel material. No adjustment will be made for changes in the cost of manufacturing, fabrication, shipping, storage, for any products purchased from the mill prior to the letting date, or for steel that is not permanently incorporated into the work. 2020 EDITION V5.1 CONTROL OF MATERIAL – 106 106-9 The price adjustment will be based on the base price per pound of steel and changes to the steel price index between the bid letting date and the steel purchase date. Payment adjustments may be positive or negative. Steel Price Index: The Department will use the Bureau of Labor and Statistics Producer Price Index (BLS PPI) “ Steel Mill Products” Series ID WPU1017 not seasonally adjusted. The index used will be the final version of the index, revised 4 months after the original publication, including any corrections to the index. The current base price per pound of steel is specified in the contract special provision.

106.10 Mix Designs and Testing of Material Sources

The Department will furnish the number of mix design verifications or tests shown in Table 106-2 , at no cost to the Contractor. 106 – CONTROL OF MATERIAL 2020 EDITION V5.1 106-10 TABLE 106-2 NUMBER OF MIX DESIGNS VERIFICATIONS OR TESTS FURNISHED AT NO COST Description Number Furnished Per Contract Plant Mix Surfacing Mix Design Verification 2 per grade Portland Cement Concrete Mix Design Verification 1 per class Cement Treated Base Mix Design Verification 2 per grade Special Borrow Testing Package 1 per 65,000 cubic yard (50,000 m3) of plan quantity Surfacing Material Testing Package Indicated source(s) shown on plans Surfacing source(s) furnished by the Contractor Requests for additional verification or testing will be processed in the order received, with a minimum 30 calendar day turnaround. The Contractor will be charged the Department’s cost for each additional mix design verification or testing package. The total cost will be deducted from the progress estimate payments.

Control of Material in other states

• Alaska 106 · CONTROL OF MATERIAL
• Arkansas 106 · CONTROL OF MATERIAL
• Arizona 106 · CONTROL OF MATERIAL
• Idaho 106 · CONTROL OF MATERIAL
• Indiana 106 · CONTROL OF MATERIAL
• Missouri 106 · Control of Material
• North Carolina 106 · CONTROL OF MATERIAL
• North Dakota 106 · CONTROL OF MATERIAL