Martin Marietta Materials, Inc. et al v. Kansas Department of Transportation et al

Filing 59

MEMORANDUM AND ORDER. The 22 Motion of defendants' for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) is granted in part and denied in part; and the 31 Motion of plaintiffs' for leave to amend complaint pursuant to Fed. R. Civ. P. 15(a)(2) is granted in part and denied in part. Defendant KDOT is dismissed from all counts and leave to amend to include KDOT as a party defendant in any count is denied. See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 5/21/2013. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4, # 5 Appendix 5, # 6 Appendix 6.) (bmw)

1101 - GENERAL REQUIREMENTS FOR AGGREGATES

(b) Certify aggregates that are tested at their production site to determine final disposition. These
certifications state that the aggregates were removed from a KDOT tested and approved stockpile
at the production site, or that they were removed from a plant while it was producing aggregate
that was in compliance with the applicable specifications.
(2) Aggregates Incorporated into the Project: At locations where aggregates and products that incorporate
aggregates are produced for KDOT and non-KDOT use, provide certifications stating that only KDOT tested and
approved aggregate were provided for the KDOT projects.
(3) Frequency of Certification:
(a) Before the initial delivery of aggregates to a project or product preparation site, provide the
Engineer a certification. This certification is to be under the signature of the aggregate producer
or their designated representative and states that all aggregates to be provided for the project are in
compliance with all the applicable KDOT specifications.
(b) Upon completion of the project, provide certifications as specified in 1101.2c.(1),(2) to the
Engineer. These certifications apply to all aggregates that were delivered to the project or product
preparation site and ultimately used in the project.
These certifications are to indicate the approximate quantities in tons or cubic yards of each aggregate
delivered to the project and the approximate quantities in tons or cubic yards of each aggregate delivered to the
product preparation site and incorporated into a product that was utilized in the project.

1101.3 TEST METHODS
Test all aggregates in accordance with the applicable methods cited in SECTION 1115.

1101.4 PREQUALIFICATION
Aggregates from each source require "Official Quality" testing on samples obtained by an authorized
representative of the KDOT before use on KDOT projects. These samples are taken from actual production, which
may be "pit-run", "crusher-run" or may involve some processing. Approved sources remain approved only if there
are no major changes in the production methods or deposit characteristics.

1101.5 BASIS OF ACCEPTANCE
Aggregates from sources approved for the intended use are accepted based on the following:
a. Current official quality test results complying with the requirements of the applicable subsection are on
file with the KDOT.
b. Results of tests conducted on samples taken at a point or points designated by the Engineer. The KDOT
reserves the right to re-sample, test and reject any previously accepted aggregate if the Engineer has reason to
believe it no longer complies with the Contract Documents.
c. Certifications as specified in subsection 1101.2 c.

1100-2