49 SECTION 106
106.01 General Methods of Materials Acceptance
A.General. Only use materials that meet the contract requirements. Unless otherwise specified, use new material for the work. Before delivery of the materials, notify the Engineer of the proposed source of material. The contract may require either or both of the following as the basis for approval and acceptance of material:
1.Sampling, testing, and inspection.
2.A Certificate of Compliance. If the value of the material is less than $5,000 and the material is not directly involved with the safety of a structure or roadway, the Engineer may waive the certificate requirement, or accept the material without sampling, testing, and inspecting.
B.Samples, Tests, and Inspection. The Engineer will sample, test, and inspect materials in accordance with relevant contract requirements and will provide copies of all test results to the Contractor upon request. The Department will not pay for materials found to be unacceptable. Remove unacceptable materials at no cost to the Department. The Engineer may sample, test, and inspect materials at any time before project acceptance, and wi ll accept or reject materials based on inspections or test results. If the contract requires the Contractor to perform sampling and testing, the Contractor shall provide the Engineer with copies of all sampling and testing results.
C.Certificate of Compliance.
1.General. A Certificate of Compliance (CoC) states that the materials represented by the CoC comply with the contract requirements. All materials manufactured off-site require either a Manufacturer or C ontractor CoC . Materials listed in Table 106-01 require a Manufacturer CoC. All other materials require a Contractor CoC. Submit a CoC electronically before incorporating the material into the work. Some materials require the submission of additional information as par t of the CoC. When this is required, the contract documents will state the additional requirements. The Department will not include quantities of material represented by a CoC on a progressive estimate until the Contractor has fully met the CoC requirements. 50 The Department may sample, test, and inspect material represented by a CoC at any time before project acceptance, and will accept or reject materials based on inspections or test results. Retain records and information relating to material complianc e with contract requirements for 4 years after the Contractor returns the signed final payment voucher. T he Engineer may request receipt of records and information at any time during the record retention period.
2.Manufacturer Certificate of Compliance. A Manufacturer CoC requires the signature of a person having the legal authority to act for the material manufacturer. The manufacturer and prime contractor must sign the Manufacturer CoC. Provide Manufacturer CoC for the products shown in Table 1 06-01. The entity batching Portland Cement Concrete is considered the manufacturer. When submitting CoC for Portland Cement Concrete, include all manufactured items used in batching concrete on the CoC. Table 1 06-01 Manufacturer Cert ificates of Compliance Section Item 604 Prestressed Concrete Beams 606 Precast Reinforced Concrete Box Culverts 802 Portland Cement Concrete 804 Cement and Lime 820 SCM 830 Pipe and Drainage Structures 834 Structural Steel 836 Reinforcing Steel, Dowel Bars, and Tie Bars 840 Piling 846 Preservatives and Pressure Treatment Process for Timber (excluding materials provided under Sections 752 and 764) 858 Geosynthetics Submit Manufacturer CoC using the form Manufacturer Certificate of Compliance (SFN 61041) .
3.Contractor Certificate of Compliance. A Contractor CoC requires the signature of a person having the legal authority to act for the prime Contractor. The prime Contractor may require the manufacturer, supplier, or subcontractor to sign the Contractor CoC. Submit Contractor CoC using the form Contractor Certificate of Compliance (SFN 61040) . 51 106.02 AGGREGATE SOURCES
A.General. The proposal package may contain a materials pit list that references and describes possible sources of materials. The Contractor is not obligated to use any of these sources. Work pits in a manner that conserves the available aggregate within the source. If possible, remove all aggregate material from the working portion of the source to eliminate the need to cover any unused material. After completing the pit operation and restoring the area to a condi tion equal to or better than the original condition, inspect the pit with the surface owner and Engineer. If the surface owner and Engineer find the area acceptable, obtain a standard pit release signed by the surface owner and submit the release.
B.Department Controlled Sources.
1.General. Only use material from Department controlled sources on the materials pit list. Request the use of a different Department controlled source before the bid opening in accordance with the explanation request requirements in Section 102.05, “Examination of Proposal Package and Project.” The materials pit list generally will show the gradation of the material, percent shale, and other characteristics of the material. The Department will analyze boring logs using accepted standard practices and calculate values based on the test results of samples from the exact locations shown on the materials pit list. The Department will not interpret the test results and will not be responsible for interpretations of the test results made by the Contractor. The water tables shown on the boring logs may change with the seasons. Because variations in quantity or quality of material from sample test results are usual and expected, and because it is difficult to determine the exact quantity or quality of material from an entire source based on sample test results, the Department does not warrant the quantity or quality of material from Department controlled sources. Determine the quantity of equipment, processing, blending, and all other operations required to produce material that meets the relevant contract requirements. If using Department controlled sources, fulfill all obligations imposed on the Department required by options or agreements contained in the materials pit list. Remo ve all topsoil, to a maximum depth of 1 foot, or as specified in the materials pit list, and stockpile separately from the remaining overburden. After removing the aggregate material, replace the stockpiled excavated overburden and topsoil material within the open pit area. Uniformly distribute and smoothly grade the topsoil over the entire disturbed area, leaving the pit sides as flat as possible. Re-establish the natural direction of surface drainage as much as practical. 52 2. Department Owned Sources. If electing to purchase material from a Department owned source, notify the Engineer and Gravel Propsecting Coordinator at Materials and Research Division in writing. The Department will charge the Contractor a royalty for all aggregate taken from the pit and incorporated into the project. The proposal package will list the royalty for each class of aggregate for use on the project. If the list does not contain a royalty for a class of aggregate required by the contract, the Department will determine a fair m arket royalty and add it by change order to the contract unit price of the applicable contract item. The Department will own all material, including reject material, remaining in the pit at the completion of pit operations. Bury the remaining material as directed by the Engineer and reclaim the pit at no additional cost to the Department. Replace or pay for any crop damage in a Department owned source. Before moving into a Department owned source, consult with the Engineer about what constitutes satisfactory operation and restoration of the source. Obtain the Engineer’s approval of the operation and restoration plan for the source.
3.Department Optioned Sources. The Department may acquire an option and may assign the right to take materials from the sources referenced in the proposal package. If exercising the Department’s option to purchase materials under the terms and conditions provided in the option, notify in writing the surface owner , material owner, the Engineer and the Gravel Prospecting Coordinator at Materials and Research Division. Include a timeline for intended use with the written notification. Before moving into the source, the Contractor shall submit a copy of the written notification to exercise the Department’s option and any other agreements negotiated between the Contractor and the surface owner and material owner regarding use of the Department optioned source. Comply with the requirements of Chapter 38 -16 of the North Dakota Century Code. At least 30 calendar days before mov ing into a Department optioned source, provide a written notification of the intended removal process and the proposed access plan to the Engineer, the surface owner, and the material owner. Agree upon an approximate date of payment for the material used and the reclamation completion date with the material owner and Engineer. Pay applicable royalties to the material owner for all material processed in the crushing or screening operation, whether accepted or rejected, including all material remaining at th e pit after completion of pit operations. Pit operations are complete when material is no longer needed from the pit for the project. Remove the processed material from the pit within 180 calendar days after completion of pit operations, or pay a storage fee to the material owner as outlined in the Department’s material option agreement. If the Contractor fails to remove the material or pay the storage fee, ownership of the processed material will revert to the material owner. If the Contractor does not int end to keep the material, the Contractor shall dispose of the material, as agreed to with the material owner, after the Engineer determines the quantity of reject material. Submit a copy of the disposal agreement to the Engineer. The royalty payment for the material includes the use of a reasonable area adjacent to the source for stripping and waste material stockpiles, a plant site not to exceed 8 acres, and an access route for ingress and egress to the source that is at least 50 feet wide. The Engineer will determine the total amount of all processed, stockpiled, and rejected material and the royalty payment due the material owner. The Engineer will notify the Contractor and the material owner in writing of this information. Upon receipt of this information, make payment to the material owner in accordance with the terms of the agreement within 30 calendar days.
C.Privately Owned Sources. Acquire the necessary rights to obtain material from privately owned sources and pay all related costs. The materials pit list may include clues for privately owned sources. These clues are for use by all Bidders on an equal, competitive basis.
D.Aggregate Source Limitations. Do not use material from aggregate sources located in the following areas:
1.In Dunn County, within the 7-mile radius from the center of Section 16- 146-96;
2.In Stark County, within the 6-mile radius from the center of Section 28-138 -97, and
3.In Slope County, within the 4-mile radius from the center of Section 26- 134-101. Before using material from aggregate sources located in the following areas, obtain written approval from the NDDEQ :
1.In Dunn County, outside the 7-mile radius and within the 30-mile radius of the center of Section 16- 146-96;
2.In Stark County, outside the 6-mile radius and within the 10-mile radius from the center of Section 28- 138-97;
3.In Slope County, outside the 4-mile radius and within the 8- mile radius from the center of Section 26- 134-101;
4.In Slope County, within the 6-mile radius from the center of Section 29- 135-98.
5.In Stark County, within the 3-mile radius from the center of Section 19-137 -94;
6.In Stark and Hettinger Counties, within the 3-mile radius from the center of Section 9-136- 94;
7.In Hettinger County, within the 3-mile radius from the center of Section 17- 136-93;
8.In Stark County, within the 2-mile radius from the center of Section 30-137 -92;
9.In Bowman County, within the 4-mile radius from the center of Section 31- 131-103;
10.In Stark County, within the 4 -mile radius from the center of Section 20-139 -91;
11.In Hettinger County, within the 1-mile radius from the center of Section 28- 135-91;
12.In Hettinger County, within the 2-mile radius from the center of Section 12- 135-95;
13.In Golden Valley County, within the 2-mile radius from the center of Section 8-139-103;
14.In Golden Valley County, within the 2-mile radius from the center of Section 8-139-104;
15.In Billings County, within the 2-mile radius from the center of Section 18- 137-102;
16.In Adams County, within the 2-mile radius from the center of Section 29- 132-98;
17.In Adams County, within the 1-mile radius from the center of Section 23- 131-97; and
18.In Grant County, within the 3-mile radius from the center of Section 2-131 -90. To obtain NDDEQ approval, sample and test for erionite fibers in accordance with NDDEQ guidance, including prior approval of a sampling plan and concurrence with the laboratory results. The NDDEQ guidance is available at: https://deq.nd.gov/Erionite/InformationForContractors.htm . Submit test results to NDDEQ . NDDEQ will review the test results and provide a response within 10 business days of the postmarked date on the submitted test results. NDDEQ will base approval on the absence of erionite in the test results from the tested source. Submit to the Engineer a copy of the written approval obtained from NDDEQ at least 10 business days before starting any mining or processing of aggregate in an NDDEQ approved source. Clearly mark the approved sources in the field to the satisfaction of the Engineer, and maintain these markings until the completion of pit operations. Perform pit operations only within the area of the approved source. If the Department or NDDEQ determine that the Contractor is performing pit operations outside the area of an approved source, the Engineer will shut down the Contractor’s pit operations. After a shutdown, obtain approval from the Department and the NDDEQ before using any material from the source. Include the cost of providing labor, material, and equipment to test drill, obtain samples, and conduct laboratory testing related to these erionite sampling and testing requirements in the relevant contract items.
106.03 Storage of Materials
Store the materials to preserve their quality and fitness for the work. Locate stored materials to allow their prompt inspection. The Engineer may inspect and retest stored materials before use in the work. Obtain approval from the Engineer before storing materials or placing a plant and equipment at locations within the right of way other than those shown on the plans. Provide any additional storage and staging area outside the right of way, as necessary. Before us ing private property for storage and staging, obtain written permission of the property owner or lessee, define the restoration conditions in the written permission, and provide a copy of the written permission to the Engineer. The written permission from a property owner may specifically waive the restoration requirement. Restore storage and staging areas within the right of way as agreed to with the Engineer and outside of the right of way as defined in the written permission from the property owner, both at no cost to the Department.
106.04 Handling Materials
Handle materials to preserve their quality and fitness for the work. Transport aggregates in vehicles constructed to prevent loss or segregation of materials after loading and measuring.
106.05 Sto Ckpiling Aggregate and Salvaged Materials
Before stockpiling material, prepare the site as follows:
A.Clear and grub;
B.Grade to a firm, smooth, and well -drained condition; and
C.Maintain a bed of aggregate under the stockpiled material to prevent contaminating the stockpiled material with soil or foreign material. Stockpile material to prevent segregation. Do not use equipment or methods that cause segregation, degradation, or contamination of the aggregate when constructing stockpiles or delivering material. Do not incorporate segregated, degraded, or contaminated material into the work. Prevent aggregate of different types or sizes from adjacent stockpiles from intermingling. Do not operate equipment on stockpiles of salvaged bituminous material that will remain the property of the Department or be used in hot recycled bituminous pavement. For material salvaged for these purposes, do not stockpile the material higher than 15 feet.
106.06 Use of Material Found Within The Right of Way.
The Engineer may authorize the use of excavated material within the construction limits that are suitable for contract items other than excavation on the project. The Department will pay the contract unit price for the excavation of the material and the contr act unit price for the use of the excavated material. Replace the removed material with acceptable material, as determined by the Engineer, at no cost to the Department. The Department will not charge the Contractor for the materials used. Only remove material from outside the construction limits on the right of way with the Engineer’s prior written approval. If approval is given, the Contractor and the Engineer will agree to the use of the material including the price the Department will charge the Contractor for the material. The agreement shall include conditions for the satisfactory restoration of the area. The Engineer will not approve the removal of material from easement areas. Before removing material from outside the construction limits on the right of way, establish a restoration condition with the Engineer. After removing the material, restore the area of material removal to the restoration condition. The Contractor may temporarily use material from any existing structure designated for removal in the erection of the new structure. Do not cut or damage temporarily used material without the approval of the Engineer. 56 106.07 DEPARTMENT PROVIDED MATERIAL The Contract will specify the location for delivery or availability of Department provided mater ial. For contract items that require the use of Department provided material, the contract unit price includes the cost of handling and placing the material. Protect Department provided material delivered to the project. The Contractor is responsible for damage to Department provided material delivered to the project. The Department will deduct the following from monies due the Contractor:
A.The cost of shortages, deficiencies, and damage that may occur to the material after delivery; and
B.The cost of demurrage charges resulting from the Contractor’s failure to accept the material at the contract-specified time and location of delivery.
106.08 Buy America
A.General. Provide materials from domestic sources when products are permanently incorporated into the work and the products are composed of steel or iron materials. Ensure all manufacturing processes, including applications of coatings, occur in the United States. A coating includes all processes required to apply the coating to a product to protect or enhance the value of the product. The requirements of this Section 106.08 “Buy America” are not applicable to the t emporary iron and steel materials, including materials left in place at the Contractor’s convenience.
B.Steel and Iron Certif ication.
1.General. All certifications are submitted by the prime Contractor. When submitting certifications for materials that are subject to the requirements of this section, the prime Contractor shall include a signed letter stating that the submitted documentation is the documentation that was received by the prime C ontractor for the material incorporated into the work. The prime Contractor’s signature on the Department’s Certificate of Compliance form meets this requirement.
2.Bulk Manufactured Materials. In addition to the requirements of Section 106.01 C, “Certificate of Compliance”, submit a contractor ’s Certificate of Compliance stating that the iron and steel products listed in Table 106-02 that are permanently incorporated into the work are of domestic origin. Table 106-02 Mailbox supports Cable Fence Materials Chain Link Fence Materials Barbed Wire Fence Materials Guardrail Components Woven Wire Fence Materials Culvert Markers Delineators Perforated Tube Sign Supports and Related Materials 57 3. Other Steel and Iron Products. For steel and iron products permanently incorporated into the work that are not listed in Table 106-02 , submit a manufacturer’s C ertificate of Compliance as specified in Section
106.01 C, “Certificate of Compliance” and the followi ng information:
a.A signed mill test report.
b.A signed certification from each fabricator and manufacturer that has handled the steel and iron products affirming that all processes performed on the steel and iron products were conducted in the United States.
c.Material descriptions, quantities, and a means of material identification (lot number, bin number, heat number, or factory identification) for each process performed on the steel and iron products. Each certification shall contain the material identification from all previous fabricators and manufacturers in the process.
C.Foreign or Uncertified Products. These requirements allow the use of steel and iron products produced and manufactured outside the United States, or products that can not be certified as originating in the United States, of a total value less than 0.1 percent of the original contract amount, or $2,500, whichever is greater. The total value is that shown to be the cost of the steel and iron products as delivered to the project site. Document the cost of: − Foreign steel and iron products, plus − Steel and iron products which cannot be certified as originating in the United States. Submit the documentation of foreign and uncertified products with the certifications required in Section 106.08 B “Steel and Iron Certification.
106.09 Convict Labor
For materials produced by convict labor after July 1, 1991, only incorporate in a federal -aid project if:
A.Produced by convicts on parole, supervised release, or probation from a prison; or
B.Produced in a qualified prison facility having a cumulative annual production amount for such materials for use in a federal -aid project not exceeding the amount of such materials produced in such facilities for use in a federal -aid project during the 12-month period ending July 1, 1987. A qualified prison facility is any prison facility where convicts, during the 12-month period ending July 1 , 1987, produced materials for use in a federal -aid project.
106.10 Qualified Laboratories and Testing Personnel
Provide testing equipment meeting the requirements listed in the NDDOT Qualified Laboratory Program and testing personnel meeting the requirem ents of the NDDOT Technicial Certification Program (TCP). The requirements for the NDDOT Qualified Laboratory Program and the Technicial Certification Program can be found at https://www.dot.nd.gov/ . Section 107 59 SECTION 107 LEGAL RELATIONS AND RESPONSIBILITIES
107.01 Laws To Be Observed
Keep fully informed of, observe, and comply with all of the following that affect those engaged or employed on the project, or affect the performance of the work:
A.Federal laws;
B.State laws;
C.Local laws and ordinances; and
D.Regulations, orders, and decrees of any authority having jurisdiction, including all legal requirements governing the safety, health, sanitation, and performance of work under the contract. Indemnify and hold harmless the Department and its representatives against any claim or liability arising from the violation of any of the above listed items by the following parties or any employees of the following parties:
A.The Contractor;
B.A subcontractor at any tier;
C.A supplier of material or service; and
D.Any other engaged by the Contractor in the performance of the work. The Contractor is solely responsible to provide, inspect, and maintain all s afeguards, safety devices, protective equipment, and safety programs; and provide actions necessary to reasonably protect the life, health, and property of the Contractor, subcontractors, the State, the public, and each of the employees, officers, assigns, and agents of the Contractor, subcontractors, and the State, engaged or employed on the project. Provide unrestricted access to the project site to any inspector of OSHA or other legally responsible agency involved in safety and health administration.
107.02 Permits, Licenses, and Taxes
A.General. The Contractor is responsible for the following as required by the contract and the applicable laws and regulations:
1.Obtaining and submitting to the Engineer all permits and licenses;
2.Paying all charges, fees, and taxes; and
3.Giving all notices.
Source: North Dakota Standard Specifications for Road and Bridge Construction, 2022 Edition. Pages 84–93 of 550.