- 52 - SECTION 106 -- CONTROL OF MATERIAL
106.01 Sources of Supply of Materials
1.Unless otherwise provided, mate rials used in the work shall be new and conform to the requirements of Subsection 105.03.
2.In order to expedite the inspection and testing of materials, the Contractor shall advise the Engineer at least two weeks before delivery of materials.
3.Subject to the approval of al l regulatory agencies, the Contractor will be allowed to drill wells within the right-of-way limits for the purpose of securing water for the contracted construction. The Contractor shall comply with Nebraska State Title 178, Chapters 10 and 12. The water well driller/Contractor must be Nebraska licensed. No charge will be made for any water removed from these wells. When a well is no longer needed, it shall be abandoned in accordance with applicable laws and regulations (see Nebraska State Title 178, Chapter 12).
106.02 Samples, Tests, and Cited Standards
1.All materials are subject to inspection and testing by the Engineer before incorporation in the work. Howe ver, the Engineer may waive any of the requirements regarding determination of quality for small quantities of materials and small or noncritical structures. Any work using untested and unacceptable materials without written permission of the Engineer shall be performed at the Contractor's risk subjec t to the conditions in Subsection 105.03.
2.All materials being used are subject to inspection, tests, and rejection at any time.
3.Sampling and testing shall be do ne by the Department, its agents, or the Contractor as specified.
4.Upon request, copies of all test results will be furnished to the Contractor. The results may be posted on the Department’s website at the discretion of the Engineer in li eu of furnishing the results.
5.The frequencies and methods of sampling and testing materials, including those required for a definite purpose and not covered by the contract, will be sampled and tested according to the Department's Materials Sampling Guide and Standard Methods of Tests , unless otherwise specified. The testing of materials not covered by the Department's Standard Methods of Tests will be tested according to the standard test methods of AASHTO and ASTM. All testing and sampling will be performed in accordance with the latest documents or publications in effe ct at the time of letting. If there is a difference in the test methods, the or der of precedence will be as follows: Precedent Orde r - Department’s Standard Method of Tests - AASHTO - ASTM
6.The following provisions will apply when the Department uses the specifications or methods fr om the sources named below:
a.(1) ASTM - American Society for Testing and Materials. The ASTM designation number refers to the Society's latest adopted or tentative standard as published in its entirety in the bound volume. The standard or Control of Material 106.04 - 53 - tentative standard in effect on the bid advertising date will apply in each case.
2.Copies of any separate ASTM specifications or test methods may be obtained from American Society for Testing and Materials.
b.(1) AASHTO - American Asso ciation of State Highway and Transportation Officials. An AASHTO designation number refers to the organization's currently published Standard Specifications for Transportation Materials and Methods of Sampling and Testing or any adopted revisions.
2.All standards or revisions in effect on the bid advertising date will apply.
3.Copies of Standard Specifications for Transportation Materials and Methods of Sampling and Testing may be obtained from American Association of State Highway and Transportation Officials
106.03 Plant Inspection
1.The Engineer may choose to inspect materials at the source. In this event, the following conditions shall be met:
a.The Contractor and the pr oducer or manufacturer of any materials shall assist and cooperate with the Engineer's inspections.
b.The Engineer shall have unre stricted rights to enter areas of the plant involved in the manufacture or production of the materials being furnished to the Department.
c.When requested by the Engi neer, the Contractor shall arrange for an approved building, or room in an approved building, for use by the inspector. This building or room shall be:
1.Located conveniently near the plant. (2) Independent of any building or room used by the material producer.
3.In conformance with t he requirements of Section 901.
d.Adequate safety measures shall be provided and maintained. 2. The Department may retest and reject previously tested and conditionally accepted materials.
106.04 Delivery, Storage, and Handling of Materials
1.All materials shall be handled and stored to preserve their quality and fitness for the work. During the ha ndling of all aggregates or other construction materials, special care sh all be taken to prevent contamination. Furthermore, aggregates shall be handled in such a manner as to prevent segregation.
2.Vehicles, including railway cars and barges used in transporting construction materials, must be kept clean, free from contamination, in proper working condition, and capable of preventing the loss of materials during transportation.
3.a. The Engineer may require that materials be stored above ground, covered, or similarly pr otected in weatherproof buildings.
106.04 Control of Material
- 54 - b. Stored materials are subject to initial or additional inspection before their ultimate incorporation in the work and shall be located to facilitate that inspection.
c.Any space needed for storage purposes and for the placing of plant and equipment shall be provided by the Contractor at no additional cost to the Department. The Contractor may be allowed to store material and equipment within the right-of-way at lo cations approved by the Engineer, but shall be responsible for the restoration and repair of any damage to turf or other plant life resulting from such operations.
4.The Contractor shall include the cost of handling, transporting, and placing materials in the contract uni t price for the relevant pay item.
106.05 Unacceptable Materials
1.All materials not conforming to the requirements of the contract shall be considered unacceptable unless approved under the provisions of Subsection 105.03.
2.Materials not meeting the requirements of the contract will be rejected and shall be immediately re moved from the project unless the defects are corrected and approved by th e Engineer. If the Contractor fails to comply promptly with any order of the Engineer made under the provisions of this Subsection, the Engineer has the authority to remove and replace defective material and to recover the cost of removal and replacement from the Contractor or the bonding company.
106.06 State-Furnished Materials
1.When the contract provides t hat certain materials required to complete the work be furnished by the State, they will be made available to the Contractor at the loca tions specified in the contract. The Contractor shall be responsible for loading all material.
2.When the Department furnishes ma terials, the Contractor shall sign the DR Form 146, "Stock Requisition", acknowledging receipt.
3.a. The Contractor shall be responsible for all receipted materials. b. The Contractor shall be responsible for all losses or damages occurring to State furnished materials while the materials are in the Contractor’s possession. Any demurrage or storage charges shall also be the responsibility of the Contractor. The cost of damages, demurrage, or storage shall be recovered from the Contractor or the bonding company. Lost or damaged material shall be replaced in kind by the Contractor at no additional cost to the State.
4.The Contractor shall inclu de the cost of handling, loading, transporting, and placing all State-furnis hed materials in the contract unit price for the relevant pay item.
106.07 Buy America
1.The Buy America rule requires that steel or iron materials be produced domestically, and only those products which are brought to the construction site and permanently incorporated into the completed project are covered. Construction materials, forms, etc., which remain in place at the Contractor's convenience, but are not required by the contract, are not covered. Control of Material 106.07 - 55 - 2. To further define the coverage, a domestic product is a manufactured steel construction material that was produced in one of the 50 States, the District of Columbia, Puerto Rico, or in the territories and possessions of the United States.
3.All manufacturing processes to produce steel or iron materials (i.e., smelting, and any subsequent process which alters the steel or iron material's physical form or shape, or changes its chemical composition) must occur within one of the 50 states, the Dis trict of Columbia, Puerto Rico, or in the territories and possessions of the United States, to be considered of domestic origin. This includes processes such as casting, rolling, extruding, machining, bending, grinding, drilling, and coating. Coating includes epoxy coating, galvanizing, painting, and an y other coating t hat protects or enhances the value of the material. The manufacturer shall include a statement on the material test report or certification that all material described above except the coating material is a domestic product.
4.Raw materials used in the steel or iron materials may be imported. All manufacturing processes to produce steel or iron materials must occur domestically. Raw materials are material s such as iron ore, limestone, waste products, etc., which are used in the manufacturing process to produce the steel or iron products. Waste products would include scrap; i.e., steel no longer useful in its present form fr om old automobiles, machinery, pipe, railroad tracks and the like. Also, steel trimmings from mills or product manufacturing are considered waste. Extracting, crushing, and handling the raw materials which is customary to prepare them for transporting are exempt from Buy America. The use of pig iron and processed, pelletized, and reduced iron ore manufactured outs ide of the United States may be used in the domestic manufacturing proc ess for steel or iron materials.
5.Notwithstanding this requirement, a minimum of foreign steel or iron materials will be permitted if its value is less than 1/10% of the total contract cost or $2,500, whichever is greater.
6.Upon completion of all work utilizing steel or iron products, the prime Contractor shall furnish a letter to the State on company letterhead and signed by an officer of the company stating that documentation is on file certifying that all steel or iron materi als brought to the construction site and permanently incorporated in the project will comply in all respects with the Buy America requirements. - 56 - SECTION 107 -- LEGAL RELATI ONS AND RESPONSIBILITY TO THE PUBLIC
107.01 Laws to be Observed
1.a. The Contractor shall keep fully informed of and observe and comply with all of the following which affect those engaged or employed on the work or affect the conduct of the work:
1.Federal and State laws. (2) Local laws and ordinances. (3) Orders and decrees of bodies or tribunals having any jurisdiction or authority.
b.The Contractor shall protec t and indemnify the State and its representatives against any claim arisi ng from the violation of any of the above listed items whenever violated by the following entities or any of their employees:
1.The Contractor.
2.Subcontractor(s) at any tier. (3) Suppliers of materials or services. (4) Any others engaged by the Contractor. 2. a. The Contractor shall provide all safeguards, safety devices, protective equipment, and trained personnel, and take any other actions necessary to protect the life and health of employees on the project.
b.(1) State personnel will not perform any surveying, inspection, or testing in an affected area until t he Contractor has erected all safety devices required by Federal, State, or local ordinances.
2.The Contractor's failure to erect and maintain safety devices will be cause for considering placement of safety devices as the current controlling operation.
c.Delays incurred due to the C ontractor's failure to provide and maintain the required safety devices will not be considered for extending the contract time allowance.
3.The Contractor shall perform all excavation in accordance with the requirements in the One-Call Notification System Act.
4.Environmental Quality Compliance: a. Whenever the Contractor viol ates any governing Federal, State or Local environmental quality regulation and/or is in noncompliance with any environmental commitment, the violating activity must cease immediately until the appropriate remedy can be determined by: the Engineer, the NDOT Environmental Section, the Federal Highway Administration (for projects utilizing Federal-aid) and other agencies, as deemed appropriate. The Engineer, with assistance from the NDOT Environmental Section and the FHWA, will provide a written order confirming the appropriate corrective action to t he Contractor. Work can resume to normal conditions once the Engineer det ermines that the violation or non- compliance has been addressed in accordance with the order for corrective action.
Source: Nebraska Standard Specifications for Highway Construction, 2017 Edition. Pages 86–89 of 1,048.