Chapter 6: Control of Materials

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Section 1: Materials

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Background

Control of materials involves TxDOT field, district, Materials and Tests Division (MTD) central laboratories, and commercial and manufacturer’s laboratories. Post the District Sourcing Letter (DSL), which lists material suppliers, as soon as possible so that proper arrangements can be made for sampling and testing of the various materials. Instruct the Contractor to order materials sufficiently in advance of related work to allow time for sampling and testing. In addition, instruct the Contractor to identify the project and the contract item number on all materials orders.

Accept only those materials that comply with the contract requirements. Maintain records of the test results that substantiate acceptance or rejection of the materials. Record both failing and passing tests with documentation of the disposition of the failing material (reworked, retested, disposed of, etc.)

Contract specifications identify which tests are used for each material. The sampling and control of materials are as outlined in the appropriate testing procedures and the Guide Schedule of Sampling and Testing for Design-Bid Build (DBB) Projects (the Guide Schedule). Apply tolerances specified in the contract in determining acceptance of the work.

Sample materials for testing at the locations and frequencies shown in the Guide Schedule. The test procedures do not generally specify sampling points. Establish locations to receive the samples when there are no established sites. Notify the Contractor of the sampling points as soon as possible to provide opportunity to make corrections when the materials do not meet the contract requirements. Determine if stockpiled materials are acceptable prior to payment as Material on Hand (MOH).

Article 6.4 of the Standard Specifications states:

“All materials used are subject to inspection or testing at any time during preparation or use. Material which 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.”

Ensure that the method and location of materials sampling is consistent and uniform. Retest previously accepted materials if the material shows visible changes, does not conform to specifications, or if further testing is required by the contract or Guide Schedule. The Material Inspection Guide contains additional information on sampling and testing responsibilities.

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Materials Source Information

For all project materials, obtain accurate and complete materials source information in accordance with Item 6, “Control of Materials,” before granting approval to the source supplier. Ensure that all materials are sourced to their original location. This may include multiple sources for the same material.

Materials used in the project must be free of any hazardous material. If materials delivered to the project are found to be contaminated, ensure the Contractor removes and disposes of the material in accordance with Article 6.10, “Hazardous Materials.” Be aware that some contaminated materials are easily identified by visual observation or smell, while others are not. In order to determine materials quality when there are potential concerns regarding contamination, obtain full disclosure of the source of supply in accordance with Article 6.4, “Sampling, Testing, and Inspections.”

Do not allow materials containing recycled hazardous waste. The Standard Specifications define Hazardous Materials or Waste as:

“Hazardous materials or waste include but are not limited to explosives, compressed gas, flammable liquids, flammable solids, combustible liquids, oxidizers, poisons, radioactive materials, corrosives, etiologic agents, and other material classified as hazardous by 40 CFR 261, or applicable state and federal regulations.”

Non-hazardous Recyclable Materials (NRMs) may be used if the NRM satisfies contract requirements and the environmental criteria specified in Department Materials Specification (DMS) DMS-11000, “Evaluating and Using Nonhazardous Recyclable Materials Guidelines.”

While NRMs are not hazardous by definition, they may be contaminated and could present a problem depending on their use. For this reason, identify such materials and ensure proper evaluation in accordance with DMS-11000. Specifically, DMS-11000 identifies the following materials with an established history of TxDOT use:

These established NRMs, as well as materials shown on the Material Producer Lists (MPL) for NRMs or Recycled Asphalt Shingles (RAS), may be accepted for use without documentation of environmental suitability.

Article 6.9 of the Standard Specifications states:

“The Department will not allow hazardous wastes, as defined in 30 TAC 335, proposed for recycling. Use NRMs only if the specification for the Item does not disallow or restrict use. Determine if 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.”

NRMs not found on the MPL require environmental evaluation and documentation, and must be reported on the Contractor’s Environmental Certification, Form CSTM-NRM-2. Contact the Environmental Affairs Division’s (ENV), Environmental Resources Management Section (ERMS) or the Support Services Division’s (SSD) Recycling Coordinator for additional information and guidance.

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Required or Listed Materials Sources

Local materials sources are secured for project use as either Required or Listed sources. Refer to the Right of Way Division (ROW) manuals (internal access only) for necessary procedures and forms to acquire an option on a materials source.

When specified in the contract as Required, the Contractor must use local materials sources. The Department assumes full responsibility for the quantity of acceptable materials available from the required source. Provide another source if the required source cannot produce enough acceptable material.

Compensate the Contractor for all additional costs to produce materials from an alternate source. As appropriate, include the cost of dismantling, moving, and reassembling equipment, additional haul, and other additional costs associated with materials production in the payment.

If issuing a change order for the mandatory use of local materials, it must be supported with a public interest finding (PIF) ( 23 CFR 635.407). If the contractor chooses to use local materials, no PIF is required. If local quantity is not enough, utilize items initially in the contract.

When specified in the contract as Listed, the Contractor may use local materials sources for which the Department has secured options or easements to allow access for testing and removal. Make test results for all listed sources available to prospective bidders. The Contractor determines and assumes all responsibility for the availability of acceptable materials at the listed sources. In lieu of using the listed source, the Contractor may provide acceptable materials from another source at his or her expense.

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Materials Certification from the Contractor

Materials certifications provided by the Contractor from the manufacturer may be used as a basis for accepting certain materials (cement, lime, concrete admixtures, electrical cable, etc.) Detailed information must be included with this certification if required by the contract.

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Royalty Payments

Process royalty payments in accordance with contract requirements. The Contractor may be required to negotiate royalty payments with the owner of a listed source.

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Use of Designated Materials

If specified in the contract, require that the Contractor use state-owned material (i.e., material from a RAP stockpile). The Department assumes full responsibility for the quantity and quality of acceptable designated materials. If the designated material is unacceptable, compensate the Contractor through a Change Order (CO) for any justifiable additional cost in securing acceptable material. The additional cost to replace the material would be subject to review for federal participation.

If issuing a change order for the mandatory use of designated materials provided by TxDOT, it must be supported with a public interest finding (PIF) ( 23 CFR 635.407). If the contractor chooses to use designated materials provided by TxDOT as a cost saving, no PIF is required. If designated quantity is not enough, utilize items initially in the contract.

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Storage of Materials

Inspect materials storage facilities to determine if the materials are stored in a manner that will prevent their deterioration and or impact the environment. Covers, wooden platforms, hard clean surfaces or any combination may be required of the Contractor. Reject any material that becomes unfit for use due to improper storage. Contractors must obtain Department approval prior to storing materials on the right of way. Storage space off the right of way is at the Contractor's expense. Refer to the Federal Highway Administration (FHWA) Project Specific Location (PSL) Quick Guide for Contractor responsibilities.

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Stockpiling Aggregates

The Contractor is responsible for maintaining the quality of accepted stockpiled material and must be environmentally cleared. Resample and retest stockpiled materials that have been subject to incorrect or careless handling resulting in excessive degradation, segregation, or contamination. Reject all failing materials. If required by the contract, conduct acceptance sampling from the windrow.

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Purchasing Excess Materials

If the restocking fee is greater than the cost of materials to be purchased, excess materials may be acquired from the Contractor as follows.

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  • The Contractor suitably stores or stockpiles materials.
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  • Materials meet contract requirements at the time the State takes ownership.
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  • A duly executed CO between the State and the Contractor will cover the acquisition.
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  • Payment is made to the Contractor as stipulated in the CO with the next estimate.
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  • Cost is charged to the district stock account if the materials are not used on the contract.

Accept only those materials that have potential Department use unless contractually obligated to accept the material. Refer to the Materials Management Policy Manual for more instructions on transactions involving materials (internal access only) and SSD intranet webpage for more information.

NOTE: COs that are executed to purchase or restock excess materials and compensation for delivery fees, must be designated as “Non-Participating.”

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