63Any monies that become payable as the result of claim settlement after payment of the final estimate will not be subject to payment of interest unless such payment is specified as a condition of the claim settlement.
f.Compensation for Claims The Engineer will determine time extension according to 108.04 and compensation according to
109.05 if the Department concludes that the Contractor has established entitlement to compensation
or a time extension for the claim. SECTION 106—CONTROL OF MATERIAL
106.01 Source of Supply and Quality Requirements
The materials used throughout the Work shall conform to the requirements of the Contract. The Contrac - tor shall regulate his supplies so that there will be a sufficient quantity of tested material on hand at all times to prevent any delay of work. Except as otherwise specified, materials, equipment, and components that are to be incorporated into the finished Work shall be new and fit for their intended purpose. Within 30 days after notification of award of the Contract, but not later than 7 days prior to the beginning of construction operations under the Contract, the Contractor shall submit a statement of the known origin, composition and manufacture of all materials to be used in the work, including optional or alternate items. Material requirements not previously reported shall be submitted at least 60 days prior to their use on the project, but not less than 2 weeks prior to delivery. The Contractor’ s statement shall be electroni - cally submitted by use of Form C-25 and shall be identified by the complete project number, and all items or component materials shall be identified by the specific Contract item number and the Specification reference shown in the Contract. At the option of the Engineer, materials may be approved at the source of supply. If it is found during the life of the Contract that previously approved sources of supply do not supply materials or equipment conforming to the Contract requirements, do not furnish the valid test data required to document the quality of the material or equipment, or do not furnish documentation to validate quantities to document payment, the Contractor shall change the source of supply and furnish material or equipment from other approved sources. The Contractor shall notify the Department of this change, and provide the same identifying information noted in this Section, at least 60 days prior to their use on the project, but not less than 2 weeks prior to delivery. Materials shall not contain toxic, hazardous, or regulated solid wastes or be furnished from a source containing toxic, hazardous or regulated solid wastes. When optional materials are included in the Contract, the Contractor shall advise the Engineer in writing of the specific materials selected. Thereafter, the Contractor shall use the selected materials throughout the project unless a change is authorized in writing by the Engineer. However, when the Contractor has an option as to the type of pipe that may be used, he may use any of the approved types for each size of pipe, but he shall use the same type for a particular line. The Engineer may authorize other types and sources in an emergency that will not unreasonably delay delivery of the selected material. Equipment and material guaranties or warranties that are normally given by a manufacturer or supplier, or are otherwise required in the Contract, shall be obtained by the Contractor and assigned to the Com - monwealth in writing. The Contractor shall also provide an in-service operation guaranty on all mechan -106.01 64ical and electrical equipment and related components for a period of at least 6 months, beginning on the date of partial acceptance of that specific item(s) or final acceptance of the project.
106.02 Material Delivery
The Contractor shall advise the Engineer at least 2 weeks prior to the delivery of any material from a commercial source. Upon delivery of any such material to the project, the Contractor shall provide the Engineer with one copy of all invoices (prices are not required). The following materials shall also comply with Section 109.01: asphalt concrete; dense graded aggregate, to include aggregate base, sub - base, and select material; fine aggregate; open graded coarse aggregate; crusher run aggregate; and road stabilization aggregate. The printed weights of each load of these materials, as specified in Section 109.01, shall accompany the delivery, and such information shall be furnished to the Inspector at the project.
106.03 Local Material Sources (Pits and Quarries)
The requirements set forth herein apply exclusively to non-commercial pits and quarries from which materials are obtained for use on contracts awarded by the Department. Local material sources shall be concealed from view from the completed roadway and any existing public roadway. Concealment shall be accomplished by selectively locating the pit or quarry and spoil pile, pro - viding environmentally compatible screening between the pit or quarry site and the roadway, or using the site for another purpose after removal of the material, or restoration equivalent to the original use (such as farm land, pasture, turf, etc.). The foregoing requirements shall also apply to any pit or quarry opened or reopened by a subcontractor or supplier. However, the requirements will not apply to commercial sand and gravel and quarry operations actively processing material at the site prior to the date of the Notice of Advertisement. The Contractor shall furnish the Engineer a statement signed by the property owner in which the property owner agrees to the use of his property as a source of material for the project. Upon completion of the use of the property as a material source and before Final Acceptance, the Contractor shall furnish the Engi - neer a release signed by the property owner indicating that the property has been satisfactorily restored. The requirements for a signed statement and release will not apply to commercial sources, sources owned by the Contractor, or sources furnished by the Department. Local material pits and quarries that are not operated under a local or State permit shall not be opened or reopened without authorization by the Engineer. Topsoil on Department owned or furnished borrow sites shall be stripped and stockpiled as directed by the Engineer for use as needed within the construction limits of the project or in the reclamation of borrow and disposal areas. If payment is to be made for material measured in its original position, material shall not be removed until Digital Terrain Model (DTM) or cross-sections have been taken. The material shall be reserved exclusively for use on the project until completion of the project or until final DTM or cross-sections have been taken. If the Contractor fails to provide necessary controls to prevent erosion and siltation the Department may direct the Contractor to cease all other operations and direct his efforts toward corrective action in accor - dance with Section 105.03(a), or may perform the work with state forces or other means determined by the Engineer using the same procedure as Section 105.14(e).106.01 65Costs for applying seed, fertilizer, lime, mulch, and for restoration of drainage, erosion and siltation control, regrading haul roads, and screening for this work will not be paid for under those Pay Items, but shall be included in the Contract price for the type of excavation or other appropriate Contract items. The Contractor shall be liable for penalties, fines, or the Department’ s costs or damages that result from his failure to prevent erosion or siltation and take restorative action. After removing all the material needed from the local material sources, the Contractor shall remove metal, lumber, and other debris resulting from his operations and shall shape and landscape the area in accordance with the Contractor’ s agreement with the property owner.
a.Sources Furnished by the Department will be made available to the Contractor together with the right to use such property as may be required for a plant site, stockpiles, or haul roads. The Contrac - tor shall confine his excavation operations to those areas of the property specified in the Contract. The Contractor shall be responsible for excavation that shall be performed in order to furnish the specified material.
b.Sources Furnished by the Contractor: The use of material from sources other than those furnished by the Department will not be permitted until test results have been approved by the Engineer and written authority for its use has been issued by the appropriate agency, organization, or individual. The Contractor shall acquire the necessary rights to take material from sources he locates and shall pay all related costs, including costs that may result from an increase in the length of the haul. Costs of exploring, sampling, testing, and developing such sources shall be borne by the Contractor. The Contractor shall obtain representative samples from at least two borings in parcels of 10 acres or less and at least three additional borings per increment of 5 acres or portion thereof to ensure that lateral changes in material are recorded. Drill logs for each test shall include a soil description and the moisture content at intervals where a soil change is observed or at least every 5 feet of depth for consistent material. Samples obtained from the boring shall be tested by an approved laboratory for grading, Atterberg limits, CBR, maximum density, and optimum moisture. The Department will review and evaluate the material based on test results provided by the Contractor. The Department will reject any material from a previously approved source that fails a visual examination or whose test results show that it does not conform to the specific Contract requirements.
106.04 Disposal Areas
The Contractor shall dispose of unsuitable or surplus material shown on the plans according to Contract requirements. The Contractor shall dispose of unsuitable or surplus material off the right of way. The Contractor shall obtain the necessary rights to property to be used as a disposal area. The Contractor shall handle and dispose of the materials specified in this Section in accordance with the following requirements.
a.Disposal Areas The Contractor shall dispose of materials not used on the project off the right of way. The Contractor’ s selection and use of off-right-of-way disposal areas shall comply with the Contract requirements and federal, state and local laws and regulations. If an approved disposal area is not designated in the Contract, the Contractor shall obtain the necessary rights to property to be used as an approved disposal area. If the Contractor, having shown reason -106.04 66106.04 able effort, is unsuccessful in obtaining the necessary rights to property to be used as an approved disposal area, the Department will obtain rights for a disposal area. Compensation will be in accor - dance with Sections 104.02 and 109.05. Disposal areas shall be cleared without damaging grass, shrubs, or vegetation outside the limits of the approved area and haul roads thereto, but do not need to be grubbed. After the material has been deposited, the area shall be shaped to minimize erosion and siltation of nearby streams and land - scaped in accordance with the Contractor’ s agreement with the property owner. If the Contractor fails to provide and maintain necessary controls to prevent erosion and siltation, the Department may direct the Contractor to cease all other operations and direct his efforts toward corrective action in accordance with Section 105.03(a), or may perform the work with state forces or other means determined by the Engineer using the same procedure as Section 105.14(e). The Contractor shall furnish the Engineer a statement signed by the property owner in which the owner agrees to the use of his property for the deposit of material from the project. Upon completion of the use of the property as an approved disposal area and before Final Acceptance, the Contractor shall furnish the Engineer a release signed by the property owner indicating that the property has been satisfactorily restored. This requirement will not apply to commercial sources, sources owned by the Contractor, or sources furnished by the Department.
b.Materials encountered by the Contractor shall be handled and disposed of as follows:
1.Unsuitable material for the purpose of this Specification is defined as material having poor bearing capacity, excessive moisture content, extreme plasticity or other characteristics as defined by the Engineer that makes it unacceptable for use in the Work and shall be disposed of at an approved disposal area, landfill licensed to receive such material, or as the Engineer directs in writing.
2.Surplus material as shown on the plans shall be disposed of by flattening slopes, used to fill in ramp gores and medians, or if not needed, disposed of at an approved disposal area, a landfill licensed to receive such material, or as the Engineer directs in writing. Surplus material stock - pile areas on the right of way shall be cleared but need not be grubbed. The clearing work shall not damage grass, shrubs, or vegetation outside the limits of the approved area and the haul roads thereto. Placement of fill material shall not adversely affect existing drainage structures. If necessary, modified existing drainage structures, as approved by the Engineer, shall be paid for in accordance with Section 109.05. Within 7 days after the material has been deposited, the area shall be shaped and stabilized to minimize erosion and siltation.
3.Organic materials such as, but not limited to, tree stumps and limbs (not considered merchantable timber), roots, rootmat, leaves, grass cuttings, or other similar materials shall be chipped or shredded and used on the project as mulch, given away, sold as firewood or mulch, burned at the Contractor’ s option if permitted by local ordinance, or disposed of at a facility licensed to receive such materials. Organic material shall not be buried in state rights-of-way or in an approved disposal area.
4.Inorganic materials such as brick, cinder block, broken concrete without exposed reinforcing steel, or other such material may be used in accordance with Section 303.04 or shall be disposed of at an approved disposal area or landfill licensed to receive such materials. If disposed of in an approved disposal area, the material shall have enough cover to promote soil stabilization in accor - dance with Section 303 and shall be restored in accordance with other provisions of this Section. 67106.06 Concrete without exposed reinforcing steel, may be crushed and used as rock in accordance with Section 303. If approved by the Engineer, these materials may be blended with soils that meet AASHTO M57 requirements and deposited in fill areas within the right of way in accor - dance with the requirements of Section 303 as applicable.
5.Excavated rock in excess of that used within the project site in accordance with Section 303 shall be treated as surplus material.
6.Other materials such as, but not limited to, antifreeze, asphalt (liquid), building forms, concrete with reinforcing steel exposed, curing compound, fuel, hazardous materials, lubricants, metal, metal pipe, oil, paint, wood or metal from building demolition, or similar materials shall not be disposed of at an approved disposal area but shall be disposed of at a landfill licensed to receive such material.
7.Coal or other valuable materials uncovered during prosecution of the Work that are not specif- ically addressed by the Contract shall be disposed of as the Engineer directs in writing.
106.05 Rights For and Use of Materials Found on Project
With the approval of the Engineer, the Contractor may use in the project any materials found in the excavation that comply with the requirements of the Specifications. Unless otherwise specified, the Contractor will be paid for both the excavation of such materials at the Contract unit price and for the Contract item for which the excavated material is used. However, the Contractor shall replace at his own expense with other acceptable material the excavation material removed and used that is needed for use in embankments, backfills, approaches, or otherwise. The Contractor shall not excavate or remove any material from within the construction limits that is not within the grading limits, indicated by the typical section, slope and grade lines shown in the plans without written authorization by the Engineer. The Contractor shall not own and shall not have the right to sell, trade or exchange, any coal or other valuable materials uncovered during the prosecution of the work without the Engineer’ s specific written authorization.
106.06 Samples, Tests, and Cited Specifications
Materials will be inspected and tested by the Engineer before or during their incorporation in the Work. However, the inspection and testing of such material shall not relieve the Contractor of the responsibility for furnishing material that conforms to the Specifications. The Department may retest all materials that have been accepted at the source of supply after delivery and will reject those that do not conform to the requirements of the Specifications. Stored material may be re-inspected prior to use. Work in which untested materials are used without the written permission of the Engineer may be considered unacceptable. Unless reference is made to a specific dated Specification, references in these Specifications to AASHTO, ASTM, VTM, and other standard test methods and materials requirements shall refer to either the test specifications that have been formally adopted or the latest interim or tentative specifications that have been published by the appropriate committee of such organizations as of the date of the Notice of Adver - tisement. Unless otherwise indicated, tests for compliance with specification requirements will be made by and at the Department’ s expense except that the cost of retests, exclusive of the first retest, shall be borne by the Contractor. Samples shall be furnished by the Contractor at his expense, and those that are not tested by the Contractor will be tested by a representative of the Department. 68106.06 The inspection cost of structural steel items fabricated in a country other than the continental United States shall be borne by the Contractor. Inspection of structural fabrication shall be performed in ac - cordance with the requirements of the appropriate VTM by a commercial laboratory approved by the Department. Additional cleaning or repair necessary because of environmental conditions in transit shall be at the Contractor’ s expense. In lieu of testing, the Engineer may approve the use of materials based on the receipt of the manufacturer’ s certification furnished by the Contractor. However, furnishing the certificate shall not relieve the Contractor of the responsibility for furnishing materials that conform to the Specifications or the Contract requirements. Materials requiring an MSDS will not be accepted at the project site for sampling or at the Department’ s laboratories for testing without the document.
106.07 Plant Inspection
If the Engineer inspects materials at the source, the following conditions shall be met:
a.The Engineer shall have the cooperation and assistance of the Contractor and producer of the materials.
b.The Engineer shall have full access to parts of the plant that concern the manufacture or production of the materials being furnished.
c.For materials accepted under a quality assurance plan, the Contractor or producer shall furnish equipment and maintain a plant laboratory at locations approved for plant processing of materials. The Contractor or producer shall use the laboratory and equipment to perform quality control testing. The laboratory shall be of weatherproof construction, tightly floored and roofed, and shall have ad - equate lighting, heating, running water, ventilation, and electrical service. The ambient temperature shall be maintained between 68 degrees F and 86 degrees F and thermostatically controlled. The laboratory shall be equipped with a telephone, intercom, or other electronic communication system connecting the laboratory and scale house if the facilities are not in close proximity to each other. The laboratory shall be constructed in accordance with the requirements of local building codes. The Contractor or producer shall furnish, install, maintain, and replace, as conditions necessitate, testing equipment specified by the appropriate ASTM, AASHTO method or VTM being used and provide necessary office equipment and supplies to facilitate keeping records and generating test reports. The Contractor or producer’ s technician shall maintain current copies of test procedures performed in the laboratory. The Contractor shall calibrate or verify all balances, scales and weights associated with testing performed as specified in AASHTO R18. The Contractor or producer shall also provide and maintain an approved test stand for accessing truck beds for the purpose of sampling and inspection. The Department may approve a single laboratory to service more than one plant belonging to the same Contractor or producer. For crushed glass, the plant equipment requirements are waived in lieu of an independent third-party evaluation and certification of crushed glass properties by an AASHTO Materials Reference Labora - tory (AMRL)-accredited commercial soil testing laboratory demonstrating that the supplied material conforms to Section 203. Random triplicate samples will be evaluated and analyzed for every 1,000 tons of material supplied to the project. The averaged results will be used for evaluation purposes. Suppliers of crushed glass shall maintain third party certification records for a period of 3 years. 69106.10
106.08 Storing Materials
Materials shall be stored in a manner so as to ensure the preservation of their quality and fitness for the Work. When considered necessary by the Engineer, materials shall be stored in weatherproof buildings on wooden platforms or other hard, clean surfaces that will keep the material off the ground. Materials shall be covered when directed by the Engineer. Stored material shall be located so as to facilitate their prompt inspection. Approved portions of the right of way may be used for storage of material and equip - ment and for plant operations. However, equipment and materials shall not be stored within the clear zone of the travel lanes open to traffic. The Contractor shall provide additional required storage space at his expense. Private property shall not be used for storage purposes without the written permission of the owner or lessee. The Contractor shall furnish copies of the owner’ s written permission to the Engineer. Upon completion of the use of the property, the Contractor shall furnish the Engineer a release signed by the property owner indicating that the property has been satisfactorily restored. Chemicals, fuels, lubricants, bitumens, paints, raw sewage, and other potential pollutant-generating materials as determined by the Engineer or defined in the VPDES General Permit For Discharge of Stormwater from Construction Activities shall not be stored within any flood-prone area unless no other location is available. A flood-prone area is defined as the area adjacent to the main channel of a river, stream or other waterbody that is susceptible to being inundated by water during storm events and in - cludes, but is not limited to, the floodplain, the flood fringe, wetlands, riparian buffers or other such areas adjacent to the main channel. If stored in a flood-prone area, the material shall be stored in one or more secondary containment structures with an impervious liner and be removed entirely from the flood-prone area at least 24 hours prior to an anticipated storm event that could potentially inundate the storage area. Any storage of these materials outside of a flood-prone area that is in proximity to natural or man-made drainage conveyances where the materials could potentially reach a river, stream, or other waterbody if a release or spill were to occur, must be stored in a bermed or diked area or inside a secondary containment structure capable of preventing a release. Any spills, leaks or releases of such materials shall be addressed according to Sections 107.16 (b) and (e). Accumulated rain water shall be pumped out of impoundment or containment areas into approved filtering devices. All proposed pollution prevention measures and practices must be identified by the Contractor in his Pollution Prevention Plan as required by the Spec - ifications, other Contract documents or the VDPES General Permit for Discharge of Stormwater from Construction Activities.
106.09 Handling Materials
Materials shall be handled in a manner that will preserve their quality, integrity and fitness for the Work. Aggregates shall be transported in vehicles constructed to prevent loss or segregation of materials.
106.10 Unacceptable Materials
Materials that do not conform to the Contract requirements shall be considered unacceptable. Such materials, whether in place or not, will be rejected, and shall be removed from the site of the work and replaced at no cost to the Department. If it is not practical for the Contractor to remove rejected material immediately, the Engineer will mark the rejected material for identification. Rejected material whose defects have been corrected shall not be used until the Engineer gives written approval for its use. Upon the Contractor’ s failure to comply promptly with any order of the Engineer made under this Section, the Engineer may, in addition to other rights and remedies, have the unacceptable material removed and 70106.10 replaced, and deduct the cost of such removal and replacement from monies due or to become due the Contractor.
106.11 Material Furnished by the Department
The Contractor shall furnish all materials required to complete the Work except those specified to be furnished by the Department. Material furnished by the Department will be delivered or made available to the Contractor at the locations specified in the Contract. The cost of handling and placing materials after delivery to the Contractor shall be included in the Contract price for the Contract item with which they are used. After receipt of the materials, the Contractor shall be responsible for material delivered to him, including shortages, deficiencies, and damages that occur after delivery, and any demurrage charges.
106.12 Critical Materials
Raw or manufactured materials or supplies that are necessary for the fabrication, construction, instal - lation, or completion of any item of work that is or becomes in extremely short supply regionally or nationally as substantiated by recognized public reports such as news media, trade association journals, or government reports, due to catastrophic events of nature, needs of national defense, or industrial conditions beyond the control of the Department or Contractor, will be declared critical materials by the Department. When the supply of materials becomes critical, the provisions of this Section will become applicable to the Contract. When all items of work involving noncritical materials have been completed by the Contractor or have progressed to a point where no further work is practicable prior to receipt of critical materials, a complete suspension of work will be granted by the Department. Requests for partial suspension orders because of delays attributable to non-receipt of critical materials will be considered on the basis of merit in each case. The Department reserves the right to substitute critical materials or methods by means of a change order. Contractors, via their manufacturers or suppliers, that request relief due to critical shortage of materials as specified in this Section shall immediately supply information and other supporting data to permit the Department an opportunity to assess possible alternatives or methods to avoid undue delay or expenditure. SECTION 107— LEGAL RESPONSIBILITIES
107.01 Laws to Be Observed
The Contractor shall keep fully informed of federal, state, and local laws, bylaws, ordinances, orders, decrees, and regulations of governing bodies, courts, and agencies having any jurisdiction or authority that affects those engaged or employed on the Work, the conduct of the Work, or the execution of any documents in connection with the Work. The Contractor shall observe and comply with such laws,
Source: Virginia Road and Bridge Specifications, 2020 Edition. Pages 91–97 of 1,065.