00160.00 48 Section 00160 - Source of Materials
00160.00Definitions - The following definitions apply to Section 00160:
optional. The Agency makes no guarantee or representation, by implication or otherwise, of the land use status, quantity, quality, or acceptability of Materials available from it, except as may be stated in the Special Provisions.
required.
materials.
of controller equipment.
pursuant to ORS 479.540 and OAR 918-261- 0037.
00160.01Notification of Source of Supply and Materials :
sources of supply, including, without limitation , any steel or other fabricators within the following time frames:
• At least 15 Calendar Days before using or fabricating Materials, if the source is within the State; or • At least 45 Calendar Days before using or fabricating Materials, if the source is outside the State
The Contractor shall identify if the material source is a DBE or non-DBE. For DBE Suppliers, the Contractor shall identify an estimated value of the materials to be s upplied. For each committed DBE Supplier, the Contractor shall submit a copy of the materials purchase order or supply agreement. For non- committed DBE suppliers, when the estimated value is over $10,000, the Contractor shall submit a copy of the materials purchase order or supply agreement.
For this purpose, a committed DBE firm is one that was identified by the Contractor to meet an assigned DBE goal , including DBE firms substituting for DBE firms committed as a condition of Contract Award.
Materials to be incorporated into the Work, the Contractor shall notify the Engineer in writing of the option selected within 15 Calendar Days from date of Notice to Proceed. Otherwise, such Materials sources may become unavailable.
source, the Contractor must obtain the Engineer's appro val. Approval to use any source does not imply that Materials from that source will be accepted. If approved sources do not provide Materials that meet Specifications, the Materials will be rejected. The Contractor will then be responsible for locating other sources and obtaining the Engineer's approval.
00160.10 49 00160.05 Qualified Products List (QPL) - The QPL is a listing of manufactured products available on the market (shelf items) that ODOT has evaluated and found suitable for a specified use in highway construction. The QPL is available from ODOT's Construction Section website (see 00110.05(e)) .
The most current published PDF version of the QPL on ODOT's Construction Section website at the time of Advertisement is the version in effect for the Project. When the Contract specifies the use of the QPL, unless specified as the subject of an exemption per ORS 279C.345, t he Agency may approve for use a conditionally qualified product, a product qualified for inclusion in a later edition of the QPL, or other equivalent product that meets the requirements of the QPL, following the Standard Guidelines for Product Review, if the Agency finds the product acceptable for use on the Project.
Use of listed products shall be restricted to the category of use for which they are listed. The Contractor shall install all products as recommended by the manufacturer. The Contractor shall replace qualified products not conforming to Specifications or not properly handled or installed at no additional cost to the Agency .
00160.07Electrical Equipment and Materials - The Blue Sheets and Green Sheets are a listing of
manufactured products available on the market (shelf ite ms) that ODOT has evaluated and found suitable for use as electrical and controller equipment and materials for highway construction. The Blue Sheets and Green Sheets are available on the ODOT Traffic -Standards website (see
00110.05(e)). The most current version of the Blue Sheets and Green Sheets on the date of
Advertisement is the version in effect for the Project. When the Contract specifies the use of the Blue Sheets and Green Sheets, unless specified as the subject of an exemption per ORS 279C.345, the Agency may approve for use a product qualified for inclusion in a later edition of the Blue Sheets and Green Shee ts or other equivalent product that meets the requirements of the Blue Sheets, following the Blue Sheet Qualification/Specification Information, or the Green Sheets, following the Green Sheet Qualification/Specification Information , if the Agency finds th e product acceptable for use on the Project.
Use of listed products shall be restricted to the category of use for which they are listed. The Contractor shall install all products as recommended by the manufacturer. The Contractor shall replace qualified products not conforming to the Specifications or not properly handled or installed at no additional cost to the Agency.
00160.10Ordering, Producing, and Furnishing Materials - The Contractor shall not place orders
for or produce full quantities of Materials anticipated to be required to complete the Work until the Work has advanced to a stage that allows the quantities to be determined with reasonable accuracy. Upon request, the Engineer will notify the Contractor in writing of the quantities required. Quantity estimates by the Engineer before this notification are only approximate.
take into account the following:
• Kind of work involved; • Amount of work involved; • Time required to obtain Materials; and • Other relevant factors.
indicated by quantities and Pay Items, are subject to change or elimination. Therefore, the Contractor is cautioned to order or produce Materials only after having received the appr oval of the Engineer. The Contractor is responsible for payment for excess Materials delivered to the Project 00160.20 50 Site or storage sites without advance authorization from the Engineer. Unless otherwise specified in the Contract, the Agency will not be responsible for:
• Materials the Contractor may deliver or produce in excess of Contract requirements; • Extra expense the Contractor may incur because Materials were not ordered or produced earlier; or • The Contractor's expenses related to Materials ordered by the Contractor that are not subsequently approved for use. Excess Materials ordered or produced by the Contractor without approval of the Engineer may be purchased by the Agency at the sole discretion of the Agency. ( See 00195.80. )
00160.20Preferences for Materials:
the quantity of foreign Materials incorporated int o the Work as follows. Section 635.410 of Title 23, Code of Federal Regulations, and the Intermodal Surface Transportation Efficiency Act require that all iron or steel manufacturing processes, including, without limitation , the casting of ingots, for iron or steel Materials permanently incorporated into the Project shall occur in the United States, unless the cost of foreign- origin iron or steel Materials does not exceed one-tenth of one percent (0.1%) of the Contract Amount or $2,500, whichever is greater. The Contractor shall not incorporate foreign-origin iron or steel Materials in excess of this amount into the Project. All foreign-origin iron or steel Materials incorporated in the Project in excess of the amount indicated above shall be removed and replaced with domestic iron or steel Materials at the Contractor's expense. For purposes of this Specification, the cost of foreign-origin iron or steel Materials shall be the value of the iron or steel products as of the date they are delivered to the Project Site.
Manufacturing processes include without limitation the application of coatings to finished iron or steel products or components. Coatings include epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value of the steel or iron product or component.
The Contractor shall provide the Engineer with a Certificate of Materials Origin, on a form furnished by the Engineer, before incorporating any iron or steel products into the Project. Unless a Certificate of Materials Origin has been provided to the Engineer, the Materials shall be considered of foreign origin.
The Contractor shall retain manufacturers' certificates verifying the origin of all domestic iron or steel Materials for 3 years after the date of final payment for the Project, and shall furnish copies to the Engineer upon request.
The Contractor shall include this provision in all subcontracts.
services produced in Oregon if price, fitness, availability, and quality are equal. This provision does not apply to contracts financed wholly or in part by federal funds.
ORS 279A.150, and ORS 279A.155, and subject to the approval of the Engineer, the Contractor shall use recycled products to the maximum extent economically feasible.
the Project, the Contractor shall comply with the Build America Buy America Act and implementing regulations (Infrastructure Investment and Jobs Act (“IIJA”) , Pub. L. No. 117- 58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117- 58, Sections 70901-70941). 00160.30 51 All of the manufacturing processes must occur in the United States for the applicable construction materials permanently incorporated in the Project as listed below.
Construction materials include an article, Material, or supply that is or consists primarily of: non-ferrous metals; plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass; lumber; or drywall.
The Contractor shall provide the Engineer with a Certificate of Materials Origin, on a form furnished by the Engineer, before incorporating any applicable construction materials into the Project. Unless a Certificate of Materials Origin has been provided to the Engineer, the products and Materials shall be considered of foreign origin.
No de minimis amount has been established for applicable construction materials permanently incorporated into the Project. Strict compliance is required.
The Contractor shall retain manufacturers' certificates verifying the origin of all applicable construction materials for 3 years after the date of final payment for the Project, and shall furnish copies to the Engineer upon request.
Manufactured products assembled outside the Project Site are not subject to the Build America Buy America requirements. Manufactured products are items that consist of two or more of the listed construction materials that have been combined together through a manufacturing process, and items that include at least one of the listed construction materials combined with a Material that is not listed through a manufacturing process, and should be treated as manufactured products, rather than as construction materials. Iron and steel Materials are subject to 00160.20(a).
The Contractor shall include this provision in all subcontracts.
00160.21Cargo Preference Act Requirements - If federal highway funds are involved on the
Project, the Contractor shall comply with the Cargo Preference Act and implementing regulations (46 CFR Part 381) for use of United States flag ocean vessels transporting materials or equipment acquired specifically for the Project. Strict compliance is required, including , but not limited to, the clauses in 46 CFR 381.7(a) and (b), which are incorporated by reference. The Contractor shall also include this provision in all subcontracts.
00160.30Agency -Furnished Materials - Unless otherwise specified in the Special Provisions,
Materials listed as Agency -furnished will be available to the Contractor free of charge.
The Contractor shall be responsible for all Materials furnished by the Agency and shall pay all demurrage and storage charges. The Contractor shall replace at its expense Agency -furnished Materials lost or damaged due to an y cause.
The locations at which Agency -furnished Materials are available will be specified in the Special Provisions. If the locations are not listed in the Special Provisions, the Agency -furnished Materials will be furnished to the Contractor at the Project Site. In either case, all costs of handling, hauling, 00160.40 52 unloading, and placing Agency -furnished Material shall be considered included in the price paid for the Pay Item involving such Material.
All Agency -furnished Materials not incorporated into the Work remain the property of the Agency. The Contractor shall deliver such Materials as directed by the Engineer.
00160.40Agency -Furnished Sources - The Agency may list in the Special Provisions, or show on
the Plans, Borrow pits or Aggregate sources from which the Contractor may, or shall, obtain Materials. These sources will be identified and referred to as Prospective or Mandatory Sources. A development plan will be inc luded in Section 00235 of the Special Provisions when such sources are shown on the Plans.
different area of the Materials source than that shown on the deve lopment plan, the Contractor must submit a written request stating the reasons for the requested change. If a new land use permit, development plan, or reclamation plan is needed, the Contractor must submit it and obtain approval from the Engineer before starting work in any area other than that shown on the Plans. Approval for work in a different area will not entitle the Contractor to any added compensation or adjustment of Contract Time.
The Agency will not be responsible for the availability of sources other than as stated in the Special Provisions. If the Contractor has given notice of intent to use, but does not use the source(s) on the Project, the Contractor shall reimburse the Agency for any costs the Agency incurs in making such source(s) availa ble.
Mandatory Source will be provided by the Agency for use without payment of royalty or other charge. ( See 00160.50. )
that can be produced from a Mandatory Source are insufficient for the Work, and it becomes necessary to move to another source, the Agency will pay for the reasonable cost of moving the plant to, and erecting it at, a new approved source from which specified Materials can be produced. Adjustment in hauling costs, other costs, and Contract Time will be determined as provided in 00140.30.
No allowance, reimbursement, compensation, or adjustment w ill be made for changes in the use of sources, or for moving from one source to another, except as provided above.
00160.50Agency -Controlled Land; Limitations and Requirements :
Agency -Controlled Land. Nor shall the Contractor have the right to sell, use, remove, or otherwise dispose of any material from Agency -Controlled Land, areas, or property, except as specified or by the written authorization of the Engineer. Unless authorized in the Contract, the Contractor shall not disturb any material within Rights -of-Way without written authorization from the Engineer.
Unless otherwise specified in the Contract, the ownership of all materials originating on Agency -Controlled Lands will at all times vest in, and remain within the control of, the Agency.
collectively referred to in this Subsection as "By -Products", from the manufacture or production of Aggregate Materials from Agency -Controlled Lands shall remain Agency property. Unless 00160.80 53 otherwise ordered by the Engineer in writing, By -Products shall be placed as required by the development plan:
• In stockpiles at designated locations; • At locations and in shapes that are readily accessible; and • In such a manner as to avoid fouling areas containing useable materials, or interfering with future plant setups to use materials from the property.
The Agency will not compensate the Contractor for handling and stockpiling By -Products according to the development plan requirements. If by written order the Engineer directs the Contractor to stockpile or place designated By -Products at alternate sites, the By -Products designated shall be loaded, hauled, and placed as directed, and this work will be paid for according to 00195.20.
00160.60Contractor-Furnished Materials and Sources :
for the Project from sources of its own choosing, unless such sources have been specified in the Special Provisions or Plans as Prospective or Mandatory Sources.
access to, and the use of, all sources the Contractor chooses that are not Agency -controlled and made available by the Agency to the Contractor.
not begin, nor will any Materials be accepted by the Engineer, until the Contractor has:
• The Department of Geology and Mineral Industries, as required under ORS 517.790; • The Department of State Lands, as required under ORS 196.815 (when removing material from the bed or banks of any waters or from any Wetland); and • Local governmental authorities having jurisdiction over land use at the source location.
Contractor, for the Contractor's proposed plans of operation in, and reclamation of, the source.
00160.70Requirements for Plant Operations - Before operating mixing plants, Rock crushers, or
other Equipment, the Contractor shall provide the Engineer copies of all applicable discharge permits for noise, air contaminants, and water pollutants from DEQ or applicable local jurisdictions, or a letter from DEQ or the local jurisdiction stating that no permits are required for the use of the Equipment and sites.
00160.80Requirements for Sources of Borrow and Agg regate - The Contractor shall conduct
operations according to all applicable federal, State, and local laws (including , without limitation , ORS Chapter 517 and OAR 632-030) when developing, using, and reclaiming all sources of Borrow Material and Aggregat e. The Contractor shall provide erosion control at Borrow sources that are not within the Project Site. The Contractor shall not operate in Wetlands except as allowed by permit. The Contractor shall comply with all requirements for pollution and sediment control, including , without limitation , the National Pollutant Discharge Elimination System where applicable.
Except for continuously -operated commercial sources, the Contractor shall also conform to the following:
00160.80 54 (a) If a natural growth of trees or shrubs is present, preserve a border of such to conceal land scars.
provide:
• Reasonably uniform depths and widths; • Natural drainage so no water stands or collects in excavated areas, when practicable; • Slopes trimmed to blend with the adjacent terrain upon completion of operations; • Slopes covered with native Soil , or acceptable plant rejects to support plant growth, if required by Specifications, Plans, or permits; and • A vegetative cover that blends with the adjacent natural growth.
• Faces will not be steeper than vertical (no overhang); • Vertical faces conform to Oregon OSHA standards, Division 3, and as shown on an approved development plan; • Floors or benches are excavated to a uniform Slope free of depressions and will drain and not interfere with the downland owner's property; and • Upon completion, the quarry is left appearing neat and compatible with surrounding terrain.
by these roads as nearly as practicable to the conditions that existed before the roads were built, unless otherwise directed by the landowner or regulator y body.