Article 1 — Source Control
Use only materials that meet Contract requirements. Unless otherwise specified or approved, use new materials for the W ork. Secure the Engineer’s approval of the proposed source of materials to be used before their delivery. Materials can be approved at a supply source or staging area but may be inspected in accordance with Article 6.4., “Sampling, Testing, and Inspection.”
1.1 Buy America. Comply with the latest provisions of Buy America pertaining to steel and iron in accor dance
with 23 CFR § 635.410. Use steel or iron materials manufactured in the United States except when waived in accordance with Section 6.1.2., “Buy America Exceptions.” Submit a notarized original FORM D -9-USA- 1 (Department Form 1818) with the proper attachments for verification of compliance. Manufacturing includes any process that modifies the chemical content, physical shape or size, or final finish of a product. The manufacturing process begins with initial melting and mixing and continues t hrough fabrication (e.g., cutting, drilling, welding, and bending) and coating (e.g., paint, galvanizing, and epoxy) .
1.2 Buy America Exceptions. Use of iron and steel manufactured in the United States is required unless the
material meets an exception below . A waiver exists exempting the material from Buy America compliance. The total value of foreign iron and steel products, including delivery, does not exceed 0.1% of the total Contract cost or $2,500, whichever is greater. The Contractor must provide documentation showing under threshold in advance for the Engineer’s consideration. Foreign iron or steel may be allowed when the Contract contains an alternate item for a foreign source iron or steel product and the Contract is awarded based on the alternate item. The materials are temporarily installed or are supplies, tools, and equipment not incorporated into the project. Temporarily installed means the materials and products must be removed at the end of the project or may be removed at the Contractor’s convenience with the Engineer’s approval .
1.3 Buy Texas. For construction or maintenance Contracts without federal funds, buy materials produced in
Texas when the materials are available at a comparable price and in a comparable period of time. Provide documentation of purchases or a description of good- faith efforts on request.
Article 2 — Material Quality
Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. Reimburse the Department for cost incurred if additional sampling and testing are required by a change of source. Materials not meeting Contract requirements will be rejected, unless the Engineer approves corrective actions. Upon rejection, immediately remove and replace rejected materials. If the Contractor does not comply with this Article, the Department may remove and replace defective material. The cost of testing, removal, and replacement will be deducted from the payments due to the Contractor . 39 3. MANUFACTURER WARRANTIES Transfer to the Department warranties and guarantees required by the Contract or received as part of normal trade practice.
Article 4 — Sampling, Testing, and Inspection
Incorporate into the work only material that has been inspected, tested, and accepted by the Department. Remove, at the Contractor’s expense, materials from the work locations that are used without prior testing and approval or written permission of the Engineer. The material requirements and standard test methods in effect at the time the proposed Contract is advertised govern. Unless otherw ise specified, the Department will perform testing at its expense. In addition to facilities and equipment required by the Contract, furnish facilities and calibrated equipment required for tests to control the manufacture of construction i tems. If requested, provide a complete written statement of the origin, composition, and manufacture of materials. All materials used are subject to inspection or testing at any time during preparation or use. Material that has been tested and approved at a supply source or staging area may be inspected or tested before or during incorporation into the work and rejected if it does not meet Contract requirements. Copies of test results are available upon request. Do not use material that, after approval, becomes unfit for use. Unless otherwise specified in the Contract, all testing must be performed within the United States and witnessed by the Engineer. If materials or processes require testing outside the contiguous 48 United States, reimburse the Department for inspection expenses. Meet with the Engineer and choose either the Department laboratory or a Department -selec ted Commercial Lab (CL) for conducting the subset of project -level sampling and testing shown in Table 1. Selection may be made on a test -by-test basis. CLs will meet the testing turnaround times shown (including test time and time for travel and sampling and reporting) and in all cases issue test reports as soon as possible. If the Contractor chooses a Department -selected CL for any sampling and testing as shown in Table 1: notify the Engineer, District Lab, and the CL of project scheduling that may require CL testing; provide the Engineer, District Lab, and CL at least 24 hr . notice by tele phone and emai l; reimburse the Department for CL testing shown in Table 1 using the C ontract fee schedule for the CL (including mileage and travel and standby time) at the minimum Guide Schedule of Sampling and Testing (Guide S chedule) testing frequencies ; reimburse the Department for CL testing shown in Table 1 above the minimum Guide S chedule frequencies for retesting when minimum frequency testing results in failures to meet specification limits; agree with the Engineer and CL on a policy regarding notification for testing services ; give any cancellation notice to the Engineer, District Lab, and CL by tele phone and email ; reimburse the Department a $150 cancellation fee to cover technician time and mileage charges for previously scheduled work canceled without adequate notice that resulted in mobilization of technician or equipment by the CL; and all CL charges will be reimbursed to the Department by a deduction from the Contractor's monthly pay estimate. If the CL does not meet the turnaround times shown in Table 1, testing charge to the Contractor will be reduced by 50% for the first late day and an additional 5% for each succeeding late day . Approved CL project testing above the minimum testing frequencies in the Guide Schedule, and not as the result of failing tests, will be paid by the Department. 40 Other project -level Guide Schedule sampling and testing not shown i n Table 1 will be the Department’s responsibility . Table 1 Select Guide Schedule Sampling and Testing1 Department Test Test Description Turn -Around Time (Calendar days) SOILS/BASE Tex-101-E Prepar ing Soil and Flexible Base Materials for Testing (included in other tests) Tex-104-E Liquid Limit of Soils (included in 106 -E) Tex-105-E Plastic Limit of Soils (included in 106 -E) Tex-106-E Calculating the Plasticity Index of Soils 7 Tex-110-E Particle Size Analysis of Soils 6 Tex-113-E Moisture -Density Relationship of Base Materials 7 Tex-114-E Moisture -Density Relationship of Subgrade and Embankment Soil 7 Tex-115-E Field Method for In -Place Density of Soils and Base Materials 2 Tex-116-E Ball Mill Method for the Disintegration of Flexible Base Material 5 Tex-117-E, Part II Triaxial Compression Tests for Disturbed Soils and Base Materials (Part II) 6 Tex-113-E with Tex-117-E Moisture -Density Relationship of Base Materials with Triaxial Compression Tests for Disturbed Soils and Base Materials (Part II) 10 Tex-140-E Measuring Thickness of Pavement Layer 2 Tex-145-E Determining Sulfate Content in Soils – Colorimetric Method 4 HOT MIX ASPHALT Tex-200-F Sieve Analysis of Fine and Coarse Aggregate (dry, from ignition oven with known correction factors) 12 Tex-203-F Sand Equivalent Test 3 Tex-206-F, with Tex-207-F , Part I, with Tex-227-F (Lab -Molded Density of Production Mixture – Texas Gyratory) Method of Compacting Test Specimens of Bituminous Mixtures with Density of Compacted Bituminous Mixtures, Part I , “Bulk Specific Gravity of Compacted Bituminous Mixtures ,” with Theoretical Maximum Specific Gravity of Bituminous Mixtures 12 Tex-207-F, Part I and Part VI (In-Place Air Voids of Roadway Cores) Density of Compacted Bituminous Mixtures, Part I , “Bulk Spec ific Gravity of Compacted Bituminous Mixtures ,” and Part VI , “Bulk Specific Gravity of Compacted Bituminous Mixtures Using the Vacuum Method ” 12 Tex-207-F, Part V Density of Compa cted Bituminous Mixtures, Part V, “Determining Mat Segregation using a Density -Testing Gauge ” 3 Tex-207-F, Part VII Density of Comp acted Bituminous Mixtures, Part VII, “Determining Longitudinal Joint Density using a Density -Testing Gauge ” 4 Tex-212-F Moisture Content of Bituminous Mixtures 3 Tex-217-F Deleterious Material and Decantation Test for Coarse Aggregate 4 Tex-221-F Sampling Aggregate for Bituminous Mixtures, Surface Treatments, and LRA (included in other tests) Tex-222-F Sampling Bituminous Mixtures (included in other tests) Tex-224-F Determination of Flakiness Index 3 Tex-226-F Indirect Tensile Strength Test (production mix) 4 Tex-235-F Determining Draindown Characteristics in Bituminous Materials 3 Tex-236-F (Correction Factors) Asphalt Content from Asphalt Paving Mixtures by the Ignition Method (Determining Correction Factors) 4 Tex-236-F Asphalt Content from Asphalt Paving Mixtures by the Ignition Method (Production Mixture) 12 Tex-241-F with Tex-207-F , Part I, with Tex-227-F (Lab -Molded Density of Production Mixture – Superpave Gyratory) Superpave Gyratory Compacting of Specimens of Bituminous Mixtures (production mixture) with Density of Compacted Bituminous Mixtures, Part I, “Bulk Specific Gravity of Compacted Bituminous Mixtures ,” with Theoretical Maximum Specific Gravity of Bituminous Mixtures 12 Tex-242-F Hamburg Wheel -Tracking Test (production mix, molded samples) 3 Tex-244-F Thermal Profile of Hot Mix Asphalt 1 41 Department Test Test Description Turn -Around Time (Calendar days) Tex-246-F Permeability of Water Flow of Hot Mix Asphalt 3 Tex-280-F Flat and Elongated Particles 3 Tex-530-C Effect of Water on Bituminous Paving Mixtures (production mix) 4 AGGREGATES Tex-400-A Sampling Flexible Base, Stone, Gravel, Sand, and Mineral Aggregates 3 Tex-410-A Abrasion of Coarse Aggregate Using the Los Angeles Machine 5 Tex-411-A Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate 12 Tex-461-A Degradation of Coarse Aggregate by Micro -Deval Abrasion 5 CHEMICAL Tex-612-J Acid Insoluble Residue for Fine Aggregate 4 GENERAL HMA Production Specialist [TxAPA – Level 1 -A] ($/hr) HMA Roadway Specialist [TxAPA – Level 1 -B] ($/hr) Technician Travel/Standby Time ($/hr) Per Diem ($/day – meals and lodging) Mileage Rate ($/mile from closest CL location) 1. Turn-Around Time includes test time and time for travel/sampling and reporting. 2. These tests require turn- around times meeting the governing specifications. Provide test results within the stated turn-around time. CL is allowed 1 additional day to provide the signed and sealed report.
Article 5 — Plant Inspection and Testing
The Engineer may but is not obligated to inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. Materials produced under Department inspection are for Department use only unless released in writing by the Engineer. If inspection is at the plant, meet the following conditions unless otherwise specified: cooperate fully and assist the Engineer during the inspection, ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials , provide a facility at the plant for use by the Engineer as an office or laboratory, in accordance with Item 504, “Field Office and Laboratory,” provide and maintain adequate safety measures and restroom facilities, and furnish and calibrate scales, measuring devices, and other necessary equipment in accordance with Item 320, “Equipment for Asphalt Concrete Pavement .” The Engineer may provide inspection for periods other than daylight hours if: continuous production of materials for Department use is necessary due to the production volume being handled at the plant , and the lighting is adequate to allow satisfactory inspection.
Article 6 — Storage of Materials
Store and handle materials to preserve their quality and fitness for the work. Store materials so that they can be easily inspected and retested. Place materials under cover, on wooden platforms, or on other hard, clean surfaces as necessary or when directed. Obtain approval to store materials on the right of way. Storage space off the right of way is at the Contractor’s expense. 42 7. DEPARTMENT -FURNISHED MATERIAL The Department will supply materials as shown on the plans. The cost of handling and placing materials supplied by the Department will not be paid for directly , but will be subsidiary to the Item in which they are used. Assume responsibility for materials upon receipt.
Article 8 — Use of Materials Found On The Right of Way
Material found in the excavation areas and meeting the Department’s specifications may be used in the work. This ma terial will be paid for at the Contract bid price for excavation and under the Item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the excavation without written permission. If excavation is allowed within a right of way project -specific location , replace the removed material with suitable material at no cost to the Department as directed.
Article 9 — Recycled Materials
The Department will not allow hazardous wastes, as defined in 30 TAC § 335, proposed for recycling. Use nonhazardous recyclable materials (NRMs) only if the specification for the Item does not disallow or restrict use. Determine whether NRMs are regulated under 30 TAC §§ 312, 330, 332, 334, or 335, and comply with all general prohibitions and requirements. Use NRMs in accordance with DMS -11000 , “Evaluating and Using Nonhazardous Recyclable Materials Guidelines,” and furnish all documentation in the manner prescribed by the Department .
Article 10 — Hazardous Materials
Comply with the requirements of Article 7.12., “Responsibility for Hazardous Materials.” Notify the Engineer immediately when a visual observation or odor indicates that materials on sites owned or controlled by the Department may contain hazardous materials. Except as noted herein, the Department is responsible for testing, removing, and disposing of hazardous materials not introduced by the Contractor. The Engineer may suspend work wholly or in part during the testing, removing, or disposing of hazardous materials, except in the case where hazardous materials are introduced by the Contractor . Use materials that are free of hazardous materials. Notify the Engineer immediately if materials are suspected to contain hazardous materials. If materials delivered to the project by the Contractor are suspected to contain hazardous materials, have an approved CL test the materials for the presence of hazardous materials as approved. Remove, remediate, and dispose of any of these materials found to contain hazardous materials. The work required to comply with this S ection will be at the Contractor’s expense if materials are found to contain hazardous materials. Working day charges will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material introduced by the Contractor. If suspected materials are not found to contain hazardous materials, the Department will reimburse the Contractor for hazardous materials testing and will adjust working day charges if the Contractor can show that this work impacted the critical path.
10.1 Painted Steel Requirements. Coatings on existing steel contain hazardous materials unless otherwise
shown on the plans. Remove paint and dispos e of steel coated with paint containing hazardous materials in accordance with the following.
10.1.1 Removing Paint f rom Steel . For contracts that are specifically for painting steel, include the cleaning and
painting of steel under Item 446, “Field Cleaning and Painting Steel ,” as a pay item . Perform work in accordance with that I tem. 43 For projects where paint must be removed to allow for the dismantling of steel or to perform other work , the Department will provide for a separate contractor (third party) to remove paint containing hazardous materials before or during the Contract. Remov e paint covering existing steel shown not to contain hazardous materials in accordance with Item 446.
10.1.2 Removal and Disposal of Painted Steel . For steel able to be dismantled by unbolting, paint removal will not
be performed by the Department. The Department will remove paint, at locations shown on the plans or as agreed, for the Contractor’s cutting and dismantling purposes. Use Department -cleaned locations for dismantling when provided or provide own means of dismantling at other locations . Painted steel to be retained by the Department will be shown on the plans. For painted steel that contains hazardous materials, dispose of the painted steel at a steel recycling or smelting facility unless otherwise shown on the plans. Maintain and make available to the Engineer invoices and other records obtained from the facility showing the received weight of the steel and the facility name. Dispose of steel that does not contain hazardous material coatings in conformance with federal, state, and local regulations .
10.2 Asbestos Requirem ents. The plans will indicate locations or elements where asbestos -containing materials
(ACM s) are known to be present. Where ACM s are known to exist or where previously unknown ACM has been found, the Department will arrange for abatement by a separate contractor before or during the Contract. Notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before beginning work to allow the Department sufficient time for abatement . The Texas Department of State Health Services (DSHS), Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, (NESHAP), in accordance with 40 CFR Part 61, Subpart M , and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory background information, bridges are considered to be a regulated “facility” under NESHAP; therefore, federal standards for demolition and renovation apply . The Department is required to notify DSHS at least 10 working days (by postmarked date) before initiating demolition of each structure shown on the plans. If the actual demolition date is changed or delayed, notify the Engineer in writing of the revised dates in sufficient time to allow for the Department’s notification to DSHS to be postmarked at least 10 days in advance of the actual work . The Department retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability .
10.3 Asbestos or Lead Abatement . Provide traffic control as shown on the plans, and coordinate and cooperate
with the third party and the Department for managing or removing hazardous materials. Work for the traffic control shown on the plans and coordination work will not be paid for dir ectly, but will be subsidiary to pertinent Items .
Article 11 — Surplus Materials
Take ownership of surplus materials unless otherwise shown on the plans or directed. Remove and dispose of materials in conformance with federal, state, and local regulations. If requested, provide an appropriate level of documentation to verify proper disposal. When materials are disposed of on private property, provide written authorization from the property owner for the use of the property for this purpose upon request.