Designated Material Sources/Disposal Sites
General – Material Sources
Most construction contracts require the contractor to furnish all materials to be incorporated into the work. However, the LG can either furnish materials or require the contractor to use designated sources of materials under certain conditions. FHWA policy requires the contractor must furnish all materials to be incorporated in the work, and the contractor shall be permitted to select the sources from where the materials are to be obtained. Exceptions to this requirement may be made when there is a definite finding by the LG, with concurrence by TxDOT, that it is in the public’s interest to require the contractor to use materials furnished by the LG or from sources designated by the LG. The
describes the exception policy.
General - Mandatory Disposal Sites
Normally, the disposal site for surplus excavated materials is to be of the contractor’s choosing, although an optional site(s) may be shown in the contract provisions. A mandatory site shall be specified when there is a finding by the LG, with the concurrence of TxDOT, that such placement is the most economical or that the environment would be substantially enhanced without excessive cost. Discussion of the mandatory use of a disposal site in the environmental document may serve as the basis for the public interest finding.
Summarizing federal policy for the mandatory use of borrow or disposal sites:
- Mandatory use of either requires the LG to develop a public interest finding and gain TxDOT’s concurrence prior to advertising for receipt of bids.
- Mandatory use of either may be based on environmental considerations, where the environment will be substantially enhanced without excessive additional cost. Where the use is based on environmental considerations, the discussion in the environmental document may be used as the basis for the public interest finding.
- Factors to justify a public interest finding should include such items as cost effectiveness, system integrity and local shortages of material.
Federal Requirements
- – Provides for the use of materials made available by a public agency in the following cases.
- Contractors must be permitted to select sources of materials. One exception is when there is a determination that it is in the public’s interest to require use of material from designated source.
- Material meeting specification requirements may be made an optional source without a public interest determination.
- Except for natural materials, designated materials must be acquired by competitive bidding as a condition of federal participation. Other procurement methods may be approved if there is an approved public interest determination.
State Requirements
- No comparable statute.
Required Practices
The
provides the required practices that should be used by the LG (and approved by TxDOT) for designating material sources and disposal sites.