106.01 Control of Material
C.Documentation of Claims The Department will assess claims for additional compensation for differing site conditions, changes in the character of work, or for extra work and will determine their value in accordance with Subsection 109.04, “Diff ering Site Conditions, Changes, and Extra Work.” The Department will evaluate claims for extension of Contract Time in accordance with Subsection 108.07, “Administration and Extension of Contract Time.”
D.Review of Re quest for Additional Compensation or Time The Resident Engineer will review and respond in writing to the Contractor’s request for additional compensation or time within the following time periods: For claims of $100,000 or less, 45 calendar days from the receipt of the Contractor’s claim including all required supporting documentation; For claims of more than $100,000, 90 calendar days from the receipt of the Contractor’s claim including all required supporting documentation. The Resident Engineer and the Contractor may agree in writing to an extension of the Department’s review time limits required above. If the Resident Engineer does not issue a written response to the Contractor’s claim within the required time period, the Contractor may proceed as if th e claim had been formally denied, in accordance with the currently adopted dispute resolution procedure included in the Contract. If no agreement is reached between the Contractor and the Department within 15 calendar days after the Department’s response t o the Contractor, the Contractor may proceed as if the claim had been formally denied, in accordance with the currently adopted dispute resolution procedure included in the Contract. Nothing in this section shall be construed as establishing any claim cont rary to the terms of Subsection 104.06, “Notification of Differing Site Conditions, Changes, and Extra Work, ” or Subsection 108.07, “Administration and Extension of Contract Time.”
106.01 Source of Supply and Quality Requirement S
Provide material meeting the quality requirements of the Contract. Notify the Resident Engineer of proposed sources of materials before delivery to the Project. The Resident Engineer may conditionally approve material at the supply source. If the Resident Engineer finds that conditionally approved material incorporated into the work does not produce acceptable results, remove and replace or otherwise correct the material, as approved by the Resident Engineer, at no additional cost to the Department. Use new materials unless otherwise required by the Contract. CONTROL OF MATERIAL 106.01
A.Material Acceptance The Department will evaluate acceptance of mater ial in accordance with one of the following processes: Sampling and testing in accordance with Subsection 106.03, “Samples, Tests, and Cited Specifications.” Materials Certification in accordance with Subsection 106.04, “Materials Certifications.” Approved Products List (APL) as established and maintained by the Department's Materials Engineer. The process required for evaluation of a specific material is designated in the FAST Guide.
B.Buy America Comply with the Buy America provisions of Title 23 CFR 635.410, which states that all manufacturing processes, including the application of a coating, for all steel or iron products permanently incorporated into the project shall have occur red in the United States (U.S.). These requirements are in effect on all Contracts regardless of the use of federal funds. All referenced forms and letters must be obtained from the current version of the ODOT Construction Control Directive (CCD) No. 20140 620 – Buy America. “All manufacturing processes” are defined as any process required to change the raw ore or scrap metal into the finished steel or iron product (e.g. smelting, rolling, extruding, bending, etc.). “Coating” is defined as any process which protects or enhances the value of the steel or iron product to which the coating is applied (e.g. epoxy, galvanizing, painting, etc.).
1.Exemptions The following materials are exempt, unless processed or refined to include substantial amounts of steel or iron material, and may be used regardless of source in the domestic manufacturing process for steel or iron material: Raw materials (iron ore or alloys) Scrap Pig iron Processed, pelletized, and reduced iron ore material Aluminum Brass; and Copper For rec ycled steel, only the manufacturing processes to produce steel products must occur domestically, beginning at the point where the recycled steel is melted.
2.Minimal Use Request Federal regulations allow a minimal use of foreign steel or iron if the cost of the steel and iron products as they are delivered to the project does not exceed 0.1 percent of the total Contract amount, or $2,500, whichever is greater. This threshold appli es to the cumulative amount of all foreign steel and iron used on the project. The Contractor must submit a written request to the
106.01 Control of Material
Resident Engineer which includes the origin and value of any foreign material to be used. This request must be submitted prio r to the work being performed and preferably at the reconstruction conference. The Contractor must track the amount of incorporated foreign steel and iron throughout the life of a project to ensure the minimal use threshold amount is not exceeded.
3.Prec onstruction Conference Discussion The Department will host a project preconstruction conference. At this conference, the Contractor should be prepared to present and/or discuss the following items as part of the Buy America requirements for all steel and i ron products permanently incorporated into projects: Project Specific Certification letters from the Contractor and Subcontractors demonstrating their understanding and intent to comply with the Buy America Requirements (see Subsection 106.B.(4).(a)). A list of all steel products and suppliers to be used on the project. Required documentation verifying compliance with Buy America for each known steel or iron product at the time of the meeting (see Subsection 106.B.(4).(b)) . Minimal use requests (see Subsection 106.B.(2) ) Change order work involving steel must be in compliance and documented similarly to Contract work.
4.Compliance with Buy America Requirements Steel or iron products incorporated into the project that the origin was not domestic the Contractor may be subject to removal and replacement of the work, forfeiture of payment for the work, and/or assessment of penalty.
a.Certification Letters Before any work begins that incorporates steel or iron products into the project, submit a project specific certification letter stating that all manufacturing processes involved with the production of these products will occur in the U.S., along with project specific certification letters from each Subcontractor for each steel or iron products to be used on the project. Acceptable language for these letters can be found in the ODOT CCD for Buy America. Alternative statements will not be considered.
b.Submittals and Forms For each steel or iron product, the Contractor and Subcontractor will be responsible for providing to the Department all documentation required to verify that each product complies with Buy America in accordance with the requirements of the corresponding category listed below. The Contractor must provide a completed: Material Use Statement & Certifications (MDT -1) for each steel or iron product in Category 1 incorporated into the project. Certificate of Materials Orig in (MDT -2) for each steel or iron product in Categories 1 and 2 incorporated into the project. Programmatic Certificate of Materials Origin (MDT -3) for each steel or iron product in Category 3 incorporated into the project. CONTROL OF MATERIAL 106.01 In most instances, determination of compliance with Buy America requirements should be achieved prior to incorporating the product into the work. If not, the Resident Engineer will be responsible for withholding payment for this work until compliance has been determined.
5.Product Cate gories The various steel and iron products (referred to herein as ‘steel’) that are permanently incorporated into projects have been grouped into the following categories with the roles and responsibilities listed to ensure compliance with the Buy America requirements:
a.Category 1 This category covers non -structural precast concrete items that do not receive full -time inspection by ODOT. Fabricators for items in this category have been placed on the ODOT Materials Division Approved Products List (APL). T he fabricator is required to provide a signed and dated project specific certification which lists each corporate entity involved in the manufacturing process, including melting and all fabrication processes. The certification must reference the Buy Americ a requirements using a statement similar to the following: “All manufacturing processes for these steel and iron products, including the application of coatings, have occurred in the United States.” The steel used in the fabrication of these items will be certified by the fabricator for general use in production and cannot be tied specifically to any individual item. The pre -stressed and precast concrete items covered in this category are as follows: Precast box culverts Reinforced concrete pipe and precas t end sections Precast inlets and catch basins; and Precast manholes
b.Category 2 Steel products covered in this category are as follows: Products used in pavements, bridges, or other structures cast at the project site: Structural steel (girders, diaphragms, anchor bolts, high -strength bolts, sealed expansion joints, etc.) Reinforcing steel (epoxy coated or black) Welded wire fabric Steel spiral wire (drilled shaft cages, bridge rail, etc.) Steel piling Drill shaft casing (permanent) Dowel bars and baskets for paving Steel sheet piling (permanent) Bridge bearing assemblies (fixed and expansion); and Post -tensioning steel (strands, wedges, anchor plates, etc.) Steel monotube structures
106.01 Control of Material
Galvanized steel supports for overhead and cantilevered sign stru ctures; and Sign posts and bases (2 ½” diameter and larger and wide flange posts). For items in this category, the Contractor is responsible for the following: Submitting completed MDT -1 and MDT -2 forms for each item with steel to both the Resident Enginee r and Materials Engineer. The MDT -1 will include the Mill Test Reports, and the MDT -2 will list each corporate entity involved in the manufacturing of the steel item from melting through all fabrication processes. Mill test reports and certification letters must include a statement similar to the following: “All manufacturing processes for these steel and iron products, including the application of coatings have occurred in the United States.” Certifications for a particular item should be retained in one location to allow easy access for auditing purposes. Certifications should be retained by the Contractor until final acceptance of the project.
c.Category 3 Steel and iron products covered in this category are as follows: Cast iron products (frames, grates, hoods, manhole covers, etc.) Fencing materials Corrugated steel pipe Corrugated steel pipe end treatments Steel pipe Ductile iron pipe Underground utility encasement conduit; and Stay -in-place forms For items in this category, the Contractor is re sponsible for the following: Submitting completed MDT -2 forms for each item with steel to the Resident Engineer. The MDT -2 will list each corporate entity involved in the manufacturing of the steel item from melting through all fabrication processes. The M DT-2 forms should be retained by the Contractor until final acceptance of the project.
d.Category 4 This category covers traffic related items which typically have been placed on the ODOT Traffic Engineering Division’s Qualified Products List (QPL). For items in this category listed on the QPL, the MDT -3 will be on file with the Traffic Division. For items in this category that are not listed on the QPL, the Contractor is responsible for submitting a completed MDT -3 form for each pay item with steel to th e Resident Engineer. The MDT -3 lists all corporate entities involved throughout the manufacturing process for each steel and iron product used on the project. CONTROL OF MATERIAL 106.01 The steel products covered in this category are as follows: Traffic signal poles and mast arm Highway lighting poles and mast arm High mast lighting towers Guardrail, guardrail posts, end sections, terminals, impact attenuators Cable barrier Sign posts and bases (less than 2 ½” in diameter and square tubing); and Steel electrical conduit
e.Category 5 This category covers pre -stressed and precast concrete items receiving fulltime inspection by ODOT as the concrete items are cast. Items in this category are required to have a signed and dated project specific certification for each corporate entity inv olved in the manufacturing of the steel item from melting through all fabrication processes. This includes the Mill Test Reports with a certification from the supplier/fabricator that references the Buy America requirements and lists each corporate entity involved throughout the manufacturing processes. Mill test reports and certification letters must include a statement similar to the following: “All manufacturing processes for these steel and iron products, including the application of coatings, have occu rred in the United States. ” The pre -stressed and precast concrete items covered in this category are as follows: Pre-stressed concrete beams and girders Precast panels Precast MSE and sound walls; and Precast bridge arches
f.Category 6 This category cove rs miscellaneous steel or iron components, subcomponents and hardware necessary to encase, assemble and construct certain highway products and manufactured products. For items in this category, the contractor is responsible for the following: Ensure that a ll manufacturing processes for these steel and iron products, Including the application of coatings have occurred in the United States. Provide documentation to verify compliance upon request. Certifications should be retained by the Contractor/supplier un til final acceptance of the project. The following items are included in this category: Cabinets Covers Clamps Fittings
106.03 Control of Material
Sleeves Miscellaneous hardware (washers, bolts, nuts, and screws) Tie wire Spacers Chairs or other steel reinforcement supports Lifting hooks Pipe Valves Electronic components Temporary falsework; and Mailbox and installation assembly
106.02 Local Material Sourc Es
The Department may designate possible sources of local material in the Contract. Determine the quantity of equipment and work required to produce a material that meets the Contract requirements. Consider variations in material quality within source deposits usual and expected. The Resident Engineer may direct selection of material from specific locations within a source deposi t. The Resident Engineer will reject locations of source deposit that do not meet the Contract requirements. The Department may acquire designated sources material and use the property for plant site, stockpiles, and haul roads, as required by the Contrac t. For material from sources not designated by the Contract, acquire the rights to purchase and use of the material, and assume all costs for exploring and developing the sources, as well as hauling and placing the material on the Project. The Resident E ngineer will not allow use of material from sources not designated in the Contract until testing shows that the material is of equal or better quality than the designated source. The Resident Engineer may make conditional acceptance of the material. Locat e borrow pits, gravel pits, and quarry sites no closer than 500 ft [150 m] from the right -of-way of any road or highway on the State or County System to limit visibility from roads, unless otherwise approved by the Resident Engineer. Following completion of the work, leave the site, as well as any pits and quarry sites, in a neat and presentable condition in accordance with Subsection 104.10, “Final Clean Up.”
106.03 Samples, Tests, and Cited Specifications
The Resident Engineer will inspect, test, and approve material before its incorporation in the work. The Resident Engineer will perform sampling and testing at frequencies in accordance with the FAST Guide. Unless otherwise specified, tests will be performed using t he most recent cited standard methods or specifications of the Department, AASHTO, ASTM, or other referenced authority. For differing test procedures, the Resident Engineer will use the following order of precedence: The Department’s Standard Materials Te st Methods, AASHTO, and ASTM. Unless otherwise required by the Contract, the Department will perform tests at its own expense. CONTROL OF MATERIAL 106.04 For acceptance testing, samples will be taken and tested by certified technicians, registered by the Oklahoma Highway Constructio n Materials Technician Certification Board. Lab tests will be performed by labs qualified and approved by the Department's Materials Engineer. The Resident Engineer may inspect, test, or reject material before or during its incorporation into the work. T he Resident Engineer will address unacceptable material in accordance with Subsection 105.03, “Conformity with Plans and Specifications.” The Resident Engineer may retest material, and reject material that does not mee t the requirements of the Contract, even if the material was previously tested and conditionally approved at the source of supply. The Resident Engineer will provide copies of test results to the Contractor upon request. The Contractor is responsible for quality control of material during construction, and shall not rely on the Department’s acceptance testing for this purpose. If required by the Contract, submit a formal Quality Control Plan to the Resident Engineer.
106.04 Material Certificati Ons
A.Desc ription The requirements and procedures for the issuance and distribution of material certifications are designated in the FAST Guide. Materials not addressed specifically by the FAST Guide will be handled in accordance with the Contract requirements.
B.General Requirements The Contractor is responsible for obtaining all certifications and delivering to the Contract required destinations. Ensure a responsible representative of the company that issues the certification signs the material certification. En sure the title of the signer is clearly shown beneath the signature. Provide all certifications in duplicate with each copy showing the following information: Project number, Name of Contractor, Identification markings on shipment (if applicable), and For Type A certifications required by the FAST Guide, the quantity of material.
C.Types of Certifications Unless otherwise required by the Contract, provide one of the following types of certification:
1.Type A : Manufacturer prepared certification consisting of a certified report detailing tests conducted by a laboratory approved by the Department on samples obtained from the lot(s) of material in the shipment.
2.Type B : Manufacturer prepared certification showing the limits of test values as determined by a De partment approved manufacturer’s laboratory, a qualified commercial laboratory, or another approved laboratory.
106.04 Control of Material
3.Type C : Manufacturer prepared certification certifying that the material in the shipment conforms to the same formula or is essentially the same as the material previously approved by the Department's Materials Engineer.
4.Type D : Manufacturer prepared certification stating that the material meets the Contract requirements, listed by specification reference number, section reference, or other appropriate identification approved by the Resident Engineer.
5.Type E : Fabricator prepared certification covering a composite item (e.g. signs, overhead sign structures, etc.) incorporating two or more materials previously approved on an individual basis, b ut that lose their identities when incorporated into the composite item. The Fabricator is responsible for the following: Identifying all material used in the fabrication; Certifying that all materials used in the fabrication of the item in question were previously approved by the Department for use; and Maintaining test reports and other pertinent identifying records of the individual items incorporated into the composite item until approved by the Resident Engineer.
D.Distribution of Certifications Submit certifications to the Resident Engineer with another copy mailed to: Materials Engineer Oklahoma Department of Transportation 200 Northeast 21st Street Oklahoma City, Oklahoma 73105
E.Basis of Acceptance If one of the above types of certification is r equired by the FAST Guide, the Resident Engineer may accept the material on the basis of a certification provided the following: All Contract requirements have been met, and The Resident Engineer’s visual inspection at the destination shows satisfactory q uality of work and condition of the material. Mark all material provided by certification with a lot number, heat number, order number, or other identification matching those numbers listed on the certification. Do not incorporate any material accepted b y certification into the work until the Resident Engineer approves of the certification. The Department's Materials Engineer will evaluate Type A and Type B Certification for compliance with the Contract requirements and send approved copies to the Residen t Engineer. The Resident Engineer will evaluate and approve other types of certifications. The Resident Engineer may accept materials listed on the Approved Products List without further certification. CONTROL OF MATERIAL 106.07
106.05 Plant Inspection
The Engineer may inspect manufacturing plants for compliance with specified manufacturing methods. The Engineer may also inspect material at the manufacturing plant or source and will obtain material samples for testing compliance with material quality requirements in the Contrac t. Ensure the following when plant inspection is made by the Engineer: Cooperation and help of the supplier and Contractor. Full access at any time to areas where the relevant materials are manufactured or produced. Use of a building by the Inspector, loca ted conveniently near the plant in accordance with Subsection 106.06, “Field Office Laboratory,” if required by the Contract. Adequate safety measures. Crushing or screening facilities equipped with automatic or semi -automatic mechanical sampling device. For fabricated structural steel, members or precast concrete walls and bridge elements requiring Department inspection and approval at a manufacturing plant or source of supply located more than 500 mi [800 km] from Okla homa City, Oklahoma, pay the additional expense of inspection over the cost of providing the same inspection at Oklahoma City. For all other fabricated items (i.e. epoxy coated reinforcing steel, reinforced concrete pipe and boxes, etc.) requiring Departm ent inspection and approval at a manufacturing plant or source of supply located more than 300 mi [480 km] from Oklahoma City, Oklahoma, pay the additional expense of inspection over the cost of providing the same inspection at Oklahoma City. The Departme nt will calculate miles traveled based on the most recent edition of the “Rand McNally Road Atlas” or an equivalent (such as MapQuest). If applicable, the Department will also calculate vicinity mileage. The Department will calculate travel expenses in a ccordance with the current Department’s Administrative Order # B-310-1-(1) for State Travel Expenses -Reimbursement, plus the current contract price for the inspector’s travel time. Contact the Department's Materials Engineer to obtain the current contract prices and contact the supplier to determine the fabrication time, to allow the Department to estimate inspection expenses. The Department may retest material previously tested and conditionally approved at the source, and may reject all materials that, w hen retested, do not meet the Contract requirements.
106.06 Field Office Or Labo Ratory
Provide and maintain, for each Field Office or Laboratory required by the Contract, a Resident Engineer approved weatherproof building or trailer in accordance with Section 640, “Field Office or Laboratory.”
106.07 Foreign Material
Unless otherwise specified in the Contract, perform all testing within the United States in the presence of the Engineer, at the discretion of the Department. If req uired by the Contract, provide and pay for any required sampling and testing that the Department cannot perform. For materials or processes, requiring tests performed or witnessed at a foreign source, reimburse the Department for all inspection expenses incurred in accordance with Subsection 106.05, “Plant Inspection.”
106.08 Control of Material
Provide a certificate of compliance with each lot of foreign material, in accordance with Subsection 106.04, “Materi als Certifications.” If required for the material, attach mill test reports to the certificate of compliance. Provide steel or iron in accordance with Subsection 106.01.B, “Buy America.” For structural materials req uiring mill test reports, the Department will only accept material from those foreign or domestic manufacturers having previously established adequate in -plant quality control to assure delivery of uniform material meeting Contract requirements. The Depar tment will determine adequacy of quality control by its review of detailed written proof submitted by the fabricator or through a plant inspection by the Department. The Department will not accept structural materials that do not have certificates of compl iance and, if required, mill test reports.
106.08 Storage and Handling of Material
Store and handle materials to preserve their quality and fitness for the work.
A.General Store and handle materials to preserve their quality and fitness for the work. Tra nsport bulk materials in vehicles constructed to prevent loss or segregation after loading and measuring. Store materials to facilitate prompt inspection. Materials will be subject to inspection and retesting before incorporation in the work in accordanc e with Subsection 106.03, “Samples, Tests, and Cited Specifications. ” At the Contractor’s request, The Department may allow the use of approved portions of the right - of-way for storing materials and the Contractor’s plant and equipment. As part of the request for use of the site, provide the Resident Engineer with written documentation of the location of the proposed site, access and egress points, a proposed erosion control plan, a proposed traffic control plan, and any other information required by the Resident Engineer relevant to use of the site for materials and equipment storage and plant set up. Provide additional storage space as necessary at no additional cost to the Department. For controlled access facilit ies, the Contractor must obtain approval from the Resident Engineer, subject to the approval of FHWA, prior to altering, severing or removing any right -of-way fences. Do not use private property for storage without prior written permission of the owner or lessee. If requested, provide copies of such written permission to the Resident Engineer. When the Department allows the use of approved portions of the right -of-way for establishing asphalt or concrete plants. Such plants must be established for the sol e purpose of providing material for the respective project. Material production for other projects will not be allowed. Restore storage and plant sites on the right -of-way to their original condition at no additional cost to the Department.
B.Delivering and Stockpiling Aggregates Handle all aggregates to preserve their quality, gradation, and fitness for the work. The provisions for transporting aggregates shall be such to assure a continuous and adequate supply of material to the work. CONTROL OF MATERIAL 106.11 Build up aggregate stockpiles to ensure the delivery of acceptable materials to the plant or Project. Do not stockpile aggregates from different sources and different gradations together. The gradation requirements, for the individual stockpiles and proportioning from the stockpiles, is the responsibility of the Contractor. The Department will consider aggregates that have become segregated or mixed with earth or other foreign material, to be unacceptable, and will not allow their use in the work until the Contrac tor integrates the aggregate piles or removes all earth and foreign materials.
106.09 Unacceptable Materia L
Material that does not meet the Contract requirements will be addressed in accordance with Subsection 105.03, “ Conformity with Plans and Specifications. ”
106.10 Department -Provided Material
Provide all material necessary to complete the work, except Department -provided material as required by the Contract. The Department will deliver, or make available, Department -provided material to the Contractor at the locations specified in the Contract. Include in the contract unit price for the relevant pay item the cost of handling and placing all Department -provided material once made available. The Contractor is responsibl e for the Department -provided material made available. The Department will make deductions for material shortages or deficiencies, damage, or demurrage charges.
106.11 Guarantees and Warra Nties
Obtain and assign to the Department manufacturer and producer warranties or guarantees for items, materials, and equipment consistent with those provided as customary trade practice. Warrant or guarantee, for six months after Department and local government acceptance, mechanical and electrical equipment and materi al, light bulbs excepted, without any defects or imperfections in work, quality of work and material. Repair or replace malfunctions or defects that develop during the six -month period at no additional cost to the Department. Supply manuals for equipment included in the Project, providing the following information: Operational procedures, Complete nomenclature, Wiring diagrams, Schematics showing test voltages or procedural methods, Functional description of circuits, Parts lists, Cross reference to standa rd part numbers, Flow diagrams, and Testing procedures and other pertinent data, if required by the Contract.
107.03 Legal Relations and Responsibility To Public
The provisions of this section are additional to, and run concurrent with, any maintenance or warranty bonds required by the Contract. SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
107.01 Laws, Rules, and Reg Ulations To Be Obser Ved
Observe the following, and the effects of the following on individuals engaged or employ ed on the project or the conduct of the work on the project: Federal and State laws; Local laws and ordinances; and Regulations, orders, and decrees of bodies or tribunals having jurisdiction or authority. Protect and indemnify the Department and its representatives against any claim or liability arising from the violation of any of the above bulleted items, whether violated by the following parties or any of their employees: Contractor, Subcontractors, Suppliers of materials or services, or Other companies engaged by the Contractor. Comply with federal, State, and local laws, rules, and regulations that set forth unlawful employment practices including that of discrimination because of race, religion, colo r, sex, or national origin, and that define actions required for Affirmative Action and Minority (Disadvantaged) Business programs. If the Contractor discovers any discrepancy or inconsistency between the Contract and any law, ordinance, regulation, order or decree, except as noted in Subsection 107.04, “Federal Aid Participation,” immediately submit written notification to the Resident Engineer.
107.02 Permits and Licenses
The Department does not require the Contractor to obtain work permits or licenses from local governmental agencies for operations related to the prosecution of the work within the project right -of- way. Contact all local governmental agencies with jurisdiction within the project limits to determine if local stormwater permits are required.
107.03 Patented Devices, Ma Terials, and Process Es
If the Contractor uses designs, devices, materials, or processes covered by letters of patents, copyrights, or trademarks, provide a suitable legal agreement with the patentee or owner. The Contractor and Surety shall indemnify and save harmless the Department, the State and any political subdivision, and any affected third party from any and all claims (including costs, expenses, and damages the Department may be obli ged to pay) for infringement on such patents, copyrights, or trademarks during the prosecution of the work or after completion of the project.
Source: Oklahoma Standard Specifications for Highway Construction, 2019 Edition. Pages 72–83 of 935.