1-69 SECTION 106 – CONTROL OF MATERIAL
106.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS . The material used in the work shall
meet the requirements of the Agency’s Quality Assurance Program . The Agency ’s Quality Assurance Program , including the Materials Sampling Manual , has been developed to clearly articulate the processes for acceptance of material s in construction and maintenance. In order to expedite the inspection and testing of material s, the Contractor shall notify the Engineer of the proposed approved sources of material s at least 96 hours prior to delivery. Sources not previously approved by the Agency will require a minimum of four weeks’ advanced notification to complete the necessary inspection and testing of material s. At the option of the Engineer, material s may be approved at the source of supply before delivery is started. If it is found during acceptance that supplied material s from previously approved sources do not meet specification s, the Contractor shall take action to supply material s that meet specif ication s.
106.02 LOCAL MATERIAL SOURCES . The Contractor shall determine potential sources of material
and the amount of equipment and work required to produce material meeting the specification s. The Agency’s Geologist maintains a list of material sources that have previously produced material s meeting specification s. The ability to purchase from the owner(s) of the source(s) and the quality of the material are not guaranteed by the Agency. The Contractor acknowledges that it is not possible to ascertain from samples the limits of a deposit and th at variations in quality in a material source are normal and to be expected. Exploration for new material sources will be the responsibility of the Contractor. The Engineer may order procurement of material from any portion of a material source and may rej ect portions of the material sources as unacceptable. It shall be the responsibility of the Contractor to acquire the right to take material s from any source together with the right to use such property as required for whatever purpose, including plant sit es, stockpiles, and haul roads. The Contractor shall pay all costs related thereto together with any costs resulting from exploring and developing these sources.
106.03 SAMPLES AND TESTS . All material s will be inspected, sampled, tested , or accepted by the
Engineer as incorporated into the work . Under any applicable quality acceptance (QA) specification s, the Contractor shall perform all process quality control testing with the Engineer performing all quality acceptance testing. Any work in which untested and/or unaccepted material s are used without the approval or written permission of the Engineer shall be performed at the Contractor’s risk. Any work determined to be unacceptable and unauthorized will not be paid for. When modified AASH TO or ASTM test methods or Agency test methods are designated, the test method will be available from the Agency’s Materials Testing and Certification Section. Tests for compliance with specification requirements will be made by and at the expense of the A gency. 1-70 Samples will be taken by authorized representative s of the Agency in accordance with the requirements of the Materials Sampling Manual . The Contractor shall provide such facilities, as specified in these specification s or as the Engineer may require, for collecting and/or forwarding samples. In all cases, the Contractor shall furnish the required samples without charge. All material s used are subject to inspection, testing, and acceptance/rejection at any time during the Contract period. Materials contaminated by the Contractor’s operations shall be removed. No work or material s shall be deemed approved until accepted by the Engineer. Copie s of all test results will be furnished to the Contractor’s representative upon request.
106.04 PLANT INSPECTION . The Engin eer may undertake the inspection of material s at the source.
In the event plant inspection is undertaken the following conditions shall be met:
a.Cooperation . The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom the Contractor has contracted for material s.
b.Right of Entry . The Engineer shall have full entry at all times to such parts of the plant as may concern the manufacture or production of the material s being furnished.
c.Testing Facilities . When required by the Contract, the Contractor shall arrange for an approved building or trailer with the necessary equipment for testing for the use of the inspector ; such building or trailer shall be located conveniently near the plant.
d.Safety . Adequa te safety measures shall be provided and maintained. The Agency reserves the right to retest all material s that have been tested and accepted at the source of supply prior to incorporation into the work after delivery and to reject all material s that do no t meet the requirements of the Contract when retested.
106.05 STORAGE OF MATERIALS . Materials shall be stored so as to ensure the preservation of their
quali ty and fitness for the work . Stored material s, even though approved before storage, may be inspected prior to their use in the work ; they shall meet the requirements of the Contract at the time of use. Stored material s shall be located so as to facilitate inspection. Upon approval, portions of the right -of-way not required for public travel may be used for storage purposes and for the placing of the Contractor’s plant and equipment , but any additional space required shall be at the Contractor’s e xpense. The Contractor shall not store material s under any bridge without written approval from the Engineer. Private property shall not be used for storage purposes without written permission of the owner and/or lessee. All storage sites shall be restored to their original condition at the Contractor’s expense; this shall not apply to the stripping and storing of topsoil, or to other material s salvaged from the work or specifically prescribed in the Contract. 1-71 106.06 HANDLING OF MATERIALS . All material s shall be handled so as to preserve their quality and fitness for the work . When working on or adjacent to railroad tracks, the Contractor shall take special care and vigilance during hand ling, loading, unloading, and transport of materials during removal, construction, and renewal work to avoid damage to trains, active tracks, or other facilities of the Operating Railroad, and shall not interfere with the movement of trains or other railro ad operations.
106.07 UNACCEPTABLE MATERIALS . At the discretion of the Engineer, all material s not in
conformance with the requirements of the Contract shall be considered unacceptable and all such material s, whether in place or not, shall be rejected and removed immediately from the site of the work unless otherwise instructed by the Engineer. Rejected material s that have been subsequently corrected shall not be used unless and until approval has been given.
106.08 EXPLOSIVE AND FLAMMABLE MATERIALS . The Contractor shall comply with all local,
state, and federal laws regarding the sale, storage, use, manufacturing, handling, and transportation of explosive and fla mmable materials and substances. Explosives being transported by carriers in motor vehicles, railroad cars, or vessels shall comply with the regulations adopted by the U.S. Department of Transportation, the U .S. Coast Guard, and the Vermont Secretary of Transportation under the provisions of 5 V.S.A. § 2001 and Subsection 107. 10.
106.09 Stockpiling of Materials .
a.Ordering Materials; Stockpiling Authority . The Contractor is urged to place orders for material s with producers and suppliers as early as practica ble. The Contractor may submit a written request to the Agency to pay for stockpiled material . The Engineer may authorize payment for the Contractor’s cost of material s, including freight. The Agency may deny any and all requests to stockpile material s and to m ake stockpile payments.
b.Request and Procedure; Criteria . To request stockpiling, the Contractor shall submit the following for consideration by the Agency:
1.Listing of material (s) by specific Contract pay item and quantity to be stockpiled .
2.Invoice for all material s, or a receipt for delivery .
3.Drafts of documents that show that ownership of the material (s), without encumbrances, will be in the name of the Contractor and will be for the benefit of the Agency . 1-72 (4) Appropriate certifications and/or passing samples as required for the specific material (s)
5.Statement that the material shall be clearly marked so as to easily identify the project in which the material will be incorporated and shall be available for inspection by the Agency .
6.The location where and condition(s) under which the material will be stockpiled. The storage location and security of the stockpiled material (s) shall be the responsibility of t he Contractor.
c.Raw Materials . In addition to the criteria set out above for other materials, raw material stockpiles shall be approved by the Construction Engineer and meet the following additional criteria:
1.The various components of the finished p roduct shall include all of the appropriate certifications, passing samples, passing tests, and any other documentation that may be required to certify that the materials are acceptable.
2.For stockpiles of structural steel, invoices or quotes from the f abricator shall include supporting documentation such as mill invoices or quotes that show actual dimensions, quantities, and costs to the fabricator for the raw materials. The intent of this raw material payment is to reimburse the actual amount it cost the fabricator to purchase the raw materials for the specific Contract item. There will be no allowance for mark up of any type by the Contractor or fabricator. Stockpile payments will be limited to one payment per 6 months, per Contract item. There will be no raw material stockpile payment allowed for materials that do not meet the dimensions provided on the mill invoices.
3.Any other criteria the Engineer deems necessary to allow for payment.
d.Cap; Payment to Supplier; Charge Back; Minimum to Stoc kpile . Payment will be made for the invoiced amount, not to exceed 75% of the total Contract bid amount for each specific item for which stockpiling is allowed . The Contractor may request an exception to the 75% cap. Any such request shall be included in t he original request for stockpile and shall include all information to support the request. The quantity of stockpiled material shall not exceed the Contract quantity for the specific item. Under no circumstances shall stockpiling be allowed for an item w ith a Contract bid amount totaling less than $25,000. 1-73 The Contractor shall furnish the paid invoice within 28 calendar day s after the cutoff date for the estimate in which the stockpile amount is paid. If the Contractor fails to furnish the paid invoice within this time limit, the amount of the stockpile payment will be deducted from one or more subsequent payments. The stockpile credit amount shall be reduced once installation of the item begins, and the reduction shall correspond with the installation and payment of the specific stockpiled item.
e.Finished Product . Payment for stockpiled material s shall not relieve the Contractor from providing an acceptable finished product or from its responsibil ity for the condition of the material s as specified elsewhere in the Contract. Any defects, flaws, or poor craftsmanship shall be the responsibility of the Contractor and shall be corrected to the Agency ’s satisfaction at the Contractor ’s expense . 1-74 SECTION 107 – LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLI C
107.01 Laws To Be Observed .
a.General; Defense and Indemnification . The Contractor shall observe and comply with all federal and state laws and local bylaws, ordinances, and regulations in any manner affecting the conduct of the work and the action or operation of those engaged in the work , including all orders or decrees as exist at present and those which may be enacted later by bo dies or tribunals having jurisdiction or authority over the work , and the Contractor shall defend, indemnify, and save harmless the state and all its officers, agents, and employees against any claim or liability arising from or based on the violation of any such law, bylaws, ordinances, regulations, order, or decree, whether by the Contractor in person, by the employees of the Contractor, or by a subcontract or or supplier.
b.Contract Contrary to the Law . If the Contractor discovers any provisions in the Contract that are contrary to or inconsistent with any law, ordinance, regulation, order, or decree, the Contractor shall immediately report it to the Engineer in writing.
c.OSHA , VOSHA, and Enviro nmental Protection Regulations . The Contractor shall comply with all regulations promulgated and enforced by OSHA, VOSHA , and state and federal environmental protection agencies.
d.Hazardous Wastes . The Contractor shall comply with all regulations regarding the management of hazardous wastes , such as waste crankcase and hydraulic oils and waste paint generated by construction operation s. Refer to the Vermont Agency of Natural Resources , Department of Environmental Conservation and 10 V.S.A. , Chapter 159.
e.Americans with Disabilities Act . The Contractor shall comply with the Americans with Disabilities Act and shall ensure that individuals with disabilities have equal access to the services, programs , and employment activities/opportunities offered by the Contractor under th e Contract.
f.Prompt Payment Act . The Contractor shall fully comply with the provisions of 9 V.S.A. § 4002 , as amended. On all Contracts, the Contractor shall submit a listing of payments to subcontract ors using the Contractors Reporting – Prompt Pay system on the Agency’s Office of Civil Rights and Labor Compliance website. This report shall be submitted by an authorized representative on a monthly basis for the duration of the Co ntract and shall be received on or before the tenth working day after the end of the month.
Source: Vermont Standard Specifications for Construction, 2024 Edition. Pages 85–89 of 1,380.