106CONTROL OF MATERIAL

106.01Sources of Supply and Quality Requirements

requirements of the Contract. To expedite the insp ection and testing of materials, the Contractor shall notify the Engin eer of proposed sources of materials before delivery. At the optio n of the Engineer, certain materials may be approved at the source of supply before delivery is started. If it is found after trial th at sources of supply for previously approved materials do not produce specif ied products, the Contractor shall furnish materials from other sources. Materials shall be approved before being incorporated in the work. The Contractor shall assume full responsibility for ordering materials of the quality and quantity required and for the delivered costs of such materials. Materials needed in the w ork shall be furnished by the Contractor unless otherwise stated in the Contract.

America” provisions of 23 CFR § 635.410, and the re quirements and restrictions of this section: 106 66 Except as provided hereinafter, steel and iron mate rials shall not be permanently incorporated into the work unless all manufacturing processes (e.g., smelting, remelting, and any subsequent process that alters the material's physi cal form or changes its chemical composition) occur within the United States. This includes, but is not limited to, such processes as rolling, extruding, machining, bending, grinding, drilling, fabrication, and coating. Coating includes all processes that prote ct or enhance the value of the material to which the coating is a pplied. The use of pig iron or processed, pelletized, and reduced i ron ore manufactured outside of the United States is permit ted in the domestic manufacturing process for steel and/or iro n materials. All steel and iron mill test reports must include a certified statement that all manufacturing processes for the iron or steel product occurred in the United States. Each manufacturer/fabricator shall provide the same cert ification. Each supplier shall provide certification of the tr ansfer of intermediate products, thereby generating a chain o f custody documentation. Exceptions are as follows:

foreign iron or steel material if the cost of such materials used does not exceed 0.1% of the total Contract cos t or $2,500, whichever is greater. For comparison with either of these given limitations, the cost is that shown to be the value of steel products as they are delivered to th e project.

establishes: • That their application would be inconsistent with the public interest, or • That such materials are not produced in the United States in sufficient and reasonably available quantities that are of a satisfactory quality. The determination of foreign or domestic character is based on place of manufacture. The burden of proof for the place of manufacture shall rest with the Contractor. The co st of any foreign materials permanently incorporated into the work shall be documented by the Contractor and the documentation submitted to the Engineer. 106 67 (2) Foreign Steel Option. If the Proposal for the project contains an alternate bid system for submitting a b id for furnishing domestic structural steel for which all manufacturing processes occur in the United States and a bid for furnishing foreign structural steel, bidders are hereby advise d that the Contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic structurals teel unless such total bid exceeds the lowest total bid based on fur nishing foreign structural steel by more than 25%. If the bidder proposes to furnish foreign structura l steel, it shall be mandatory that a bid for domestic structural steel also be submitted. If the bidder proposes to furnish domes tic structural steel, it will not be necessary to submit a bid for foreign structural steel. Structural steel is hereby defined as steel sheet p iling (Section 811-Sheet Piles); H-piling and shell or pi pe piling (Section 805-Piling); and W, M, S, or Z shapes, pla tes, channels, angles, and/or T-sections (Section 807-Steel Structures).

elects to purchase items of structural steel manufa ctured outside the United States, such materials shall be furnishe d only from those foreign manufacturers who have previously est ablished, to the satisfaction of the Engineer, the sufficiency o f ability to furnish material uniformly and consistently in conf ormance with the Specifications. Proof of sufficiency must be provided to the Engineer by the Contractor and the Engineer's approval obtained bef ore manufacture of the material is authorized. Proof m ay be established by 1) the Contractor providing the Engi neer with a detailed written certification by an established an d approved independent testing and inspection laboratory or ag ency showing evidence that the foreign manufacturer has previously established in-plant quality control to give assurance of their ability to furnish material uniformly and consistently in conformance with the specifications, or 2) a thorough in-plant inspectio n of the foreign manufacturer's facilities by the Engineer or an app ointed representative. The cost of determining such suffi ciency shall be borne by the Contractor. 106 68 When the Contractor elects to have items of structu ral steel fabricated outside the United States, the Contracto r shall reimburse the Department for all costs connected wi th the inspection of such fabrication, including necessary expenses for the Engineer or a representative to make an in-plan t inspection or to arrange for an inspection agency to handle the s hop inspection. Reimbursement for costs of determining sufficiency and inspection of fabrication shall be made by the Cont ractor upon receipt of detailed billing prepared by the Departm ent. Steel material manufactured outside the United States shall be delivered to the fabrication site where it shall be retained a sufficient period of time to permit inspection, sam pling, and testing, as deemed necessary by the Engineer, befor e fabrication. Before fabrication or shipment of any foreign produ ced structural steel items, the Contractor shall obtain all the Certified Mill Test Reports clearly identifiable to the lot o f material to be shipped. These reports shall be identifiable by he at numbers and color-coding, and shall be submitted to the Enginee r for complete review, analysis, and approval. The Contractor or a designated representative shall serve as the Communication Contact for any structural steel fabricator outside the United States. All correspondence, tel ephone calls, and other forms of communication from the Departmen t or its representative will be made with the Communication Contact and not with the foreign industry. Costs involved in materials testing, shop inspectio n, communication, consultation, and coordination that are incurred because of the use of materials produced or fabrica ted outside the continental limits of the United States, shall be b orne by the Contractor.

106.02Furnishing Materials from Borrow Areas, Pits , or

Quarries. The required materials shall be obtained from local or commercial sources. When obtained from local sources, applicable severa nce taxes shall be paid by the Contractor. Borrow areas, material pits, and quarry sites shall comply with the following requirements: 106 69 1) All Areas, Pits, or Quarries. In general, the near est edge of an area, pit, or quarry shall be no closer than 300' ( 100 m) from the nearest right-of-way line of a State Highway, excep t as provided in 3) or 4) below. All slopes shall be 2:1 or flat ter, except that faces of rock quarries shall be cut to a neat appea rance with the overburden sloped to 2:1 or flatter. 2) Water Retaining Pits or Quarries. Water retaining pits or quarries will not be permitted within 300' (100 m) of the nearest right-of-way line of a State Highway. 3) Drained Areas, Pits, or Quarries. Areas, pits, or quarries shall comply with 1) above but with the following excepti ons: a) if the material is being obtained from a site that is bein g excavated and contoured to conform to the terrain of the adjacent surroundings, or b) if the site is to be used as a commercial or residential building location as defined in the agreement with the property owner. 4) In the event that an area, pit, or quarry is closer than 300' (100 m) from the right-of-way line of a County Road or City Street, the written approval of the governing autho rity shall be furnished the Engineer prior to any excavation. 5) When sites are closer than 300' (100 m) from the ri ght-of-way line, the slope in the area, pit, or quarry adjacen t to the right-of- way shall not be steeper than that of the backslope or foreslope of the existing or planned roadway in the area of t he site. All other slopes in the site shall not be steeper than 2:1, except that faces of rock quarries shall be cut to a neat appea rance with the overburden sloped to 2:1 or flatter. In addition, if the floor of the site is sloped away from the right-of-way line, the slope shall not be steeper than 6:1 for a distance of 100' (30 m) f rom the right- of-way line. The final quantity of material removed from each pi t will be verified by the Engineer and furnished the Contract or as soon as possible after the final measurements have been mad e, except that no measurement will be made by the Department when Compacted Embankment is a pay item or when Borrow is specifie d to be paid as Plan Quantity. In such cases, the determination of the quantity of material removed from each pit shall be the respons ibility of the Contractor. 106 70 The Contractor shall be responsible for resolving d isputes or claims arising from the pit operations. Natural tree screens shall be preserved during the course of construction. Haul roads will not be allowed to pa ss through tree screens except where absolutely necessary for access to the construction site. A temporary haul road through a tree screen shall be normal to the roadway and the cleared width shal l be no more than is necessary to accomplish the work. In general, temporary haul roads will not be approved through natural tree scr eens at intervals closer than 500' (120 m). All applicable work involved in furnishing borrow, pit, or quarried materials, including: • Clearing, grubbing, stripping, and disposal of ove rburdens or other unsatisfactory material; • Stockpiling and replacing topsoil; • Loosening, excavating, and hauling; • Screening, furnishing right-of-way, and constructi ng and maintaining haul roads; • Fence moving and reconstructing; • Confining livestock; • Seeding and restoration, as required; and • Complying with Section 110 and Subsection 107.10 will not be paid for separately, but full compensation therefor will be considered included in the contract unit prices bid for the various items of work.

106.03Samples, Tests, and Cited Specifications. All materials

will be inspected, tested, and accepted as required by these specifications before incorporation in the work. Whenever a reference is made in the specifications to the Department's Manual of Field Sampling and Testing Procedures , it shall mean the revision in effect on the day the ad vertisement for bids is dated. Copies of this manual are available from the Engineer of Materials. Whenever a reference is made in the specifications to a Federal Specification, , or to a specification or test design ation of the American Association of State Highway and Transport ation Officials, the American Society for Testing and Mat erials, or any 106 71 other recognized national organization, it shall me an the year of adoption or latest revision of the specification or test designation in effect on the day the advertisement for bids is dated. When a specific reference is made to a dated specification or test designation, the revision in effect on that date sh all apply. When requested, the Contractor shall furnish a comp lete certified statement of the origin, composition, and/or manufa cture of materials that are to be used in the work.

106.04Acceptance of Materials. All materials used in the work

shall conform to the specified requirements. For t he purposes of determining conformance with specifications, all li mits are to be considered absolute limits, according to ASTM E-29, “Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications. Limits are maximums, minimums, or tolerances and shall be considered abs olute limits. Observed or calculated values shall not be rounded but shall be compared directly with the limit. Any deviation, h owever small, outside the limit shall be considered non-complying . Reported values that are an average of two or more test values are to be rounded-off to the same number of significant digits as the individual test value even though the specification requirements are considered absolute. Test values and reported values are to be the same and are to show the same number of significant figures allowed by the accuracy of the test procedure and t he equipment being used. In the case of materials for which quality may be s ubject to change during handling and storage, samples may be taken at the source for informational purposes only. Sampling w ill be performed at the latest practicable time the Engineer deems i t necessary to check compliance with specification requirements ei ther prior to, during, or after incorporation in the work. Regard less of any compliance at that time, if there is subsequent ind ication of change in any material it will again be tested for compliance . All materials used are subject to inspection and te sting during preparation, placement, manipulation, and use. The Contractor will be held responsible for damage, contamination, segr egation, and/or degradation caused by poor methods of stockpiling, manufacture, handling, placement, and/or by poor workmanship or negligence prior to completion and acceptance of the work. 106 72 Further, the Contractor shall be responsible for de fects in accordance with Subsections 107.20 and 109.02. All Contractor Acceptance Tests must be signed by t he certified technician performing the test and submitted to the Engineer on the next business day after the test is performed. All test reports shall contain the following information, as a minimum: • Job Number • Date of Test • Type of Material (i.e. ACHM Surface Course, Aggrega te Base Course Cl. 5, etc.) • Test Method • Property being Tested (i.e. gradation, compressive strength, etc.) • Sample Location • Quantity Represented (Lot or Sublot size) • Quality Control or Acceptance Test indicator • Sequential sample number for each project • Name, Signature, Title, and Certification number of Technician performing the test. • Name and address of testing laboratory (if applicable) • Pass or Fail indicator (in addition to actual numer ical test results) Examples of acceptance test report forms are found in the Department’s Manual of Field Sampling and Testing Procedures .

106.05Plant Inspection. The Engineer may undertake the

inspection of materials at the source. In the event plant inspection is undertaken the fol lowing conditions shall be met:

Contractor and of the producers of materials for th e work.

the plant as may concern the manufacture or production of the materials being furnished.

106.06Storage of Materials. Materials shall be so stored as to

assure the preservation of their quality and fitness for the work. 106 73 Stored materials, even though approved before stora ge, may again be inspected before their use in the work. Stored mat erials shall be located so as to facilitate their prompt inspection . Approved portions of the right-of-way may be used for storag e purposes and for the placing of the Contractor's plant and equipment, but any additional space required therefor must be provided by the Contractor, and at no cost to the Department. Private property shall not be used for storage purposes without written pe rmission of the owner or lessee, and if requested by the Engineer, copies of such written permission shall be furnished.

106.07Handling Materials. All materials shall be handled in

such manner as to preserve their quality and fitness for the work. Aggregates shall be transported from the storage si te to the work in tight vehicles so constructed as to prevent loss or segregation of materials after loading and measuring so that there may be no inconsistencies in the quantities of materials inte nded for incorporation in the work as loaded and the quantit ies as actually received at the place of operations.

106.08Unacceptable Materials. All materials not conforming

to the requirements of the specifications at the ti me they are used shall be considered as unacceptable and all such ma terials will be rejected and shall be removed immediately from the site of the work unless otherwise instructed by the Engineer. No re jected material, the defects of which have been corrected, shall be used until approval has been given.

106.09Department-Furnished Material. 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 delive red or made available to the Contractor at the points specified in the Special Provisions. The cost of handling and placing all materials afte r they are delivered to the Contractor will not be paid for se parately, but full compensation therefor will be considered included i n the contract unit price(s) bid for the item(s) with which they a re used. The Contractor will be held responsible for all mat erial delivered by the Department through this arrangement. Deductions will be made from any moneys due the Contractor to make goo d any 106 74 shortages and deficiencies, from any cause whatsoever; for any damage that may occur after such delivery; and for any demurrage charges.

106.10Qualified Products List. The Department maintains a

Qualified Products List (QPL). Various materials a re listed on the QPL by manufacturer, supplier, and/or brand name. Specific brands, manufacturers, and/or suppliers may be added to the QPL upon request and compliance with the requirements specif ied for the type of material involved. Materials listed on the QPL will be accepted under the procedures specified therein. Informatio n concerning the QPL may be obtained from the Engineer of Materials. Products listed on the QPL must meet all the approp riate requirements of the specifications. The quality of materials listed on the QPL will be monitored by the Department through random sampling and testing. The listing of a material on the QPL will in no way relieve the Contractor of furnishing material meeting the speci fication requirements. Material may be rejected if the Engi neer determines that the material is contaminated and/or damaged or if products normally shipped as packaged units have been opened and partially used before delivery to the project. The QPL does not constitute an endorsement by the D epartment of any product, manufacturer, or supplier, but is a listing of products that have been prequalified for use. If the Specif ications designate that a material shall be one listed on the QPL or f rom a source listed on the QPL, the Contractor has the option of furnis hing a material or using a source that is not listed provided that the material or source is shown by appropriate certifications and/or test reports to meet the requirements necessary for listing on the QPL. For materials not listed on the QPL, if deemed appr opriate, the Engineer may require and accept the manufacturer's certified analysis in lieu of sampling and testing of commerc ial or manufactured products.

106.11Contractor Acceptance Test Evaluation. The

Contractor’s acceptance test results will be evalua ted by the Department and will be correlated with other test r esults available for the same material. The Department will use all tests and witness the Contractor’s sampling and testing methods as pa rt of this 106 75 verification process in accordance with the Manual of Field Sampling and Testing Procedures . If the results fail to correlate within the limits shown in the Manual of Field Sampling and Testing Procedures or if the witness of the sampling and testing indicates the utilizati on of improper procedures, the Engineer will notify the Contractor and document the finding. In such case, the Engineer reserves t he right to instruct the Contractor to cease materials placement to prev ent non- complying materials from being utilized. Operations may resume when, in the Engineer’s judgment, sampling and testing procedures are acceptable. The Contractor will continue to be responsible for providing material meeting the applicable Specification. The Contractor shall investigate the cause of the f ailure of the test results to correlate and document and report the fi ndings to the Engineer. If the cause cannot be determined, or if the Contractor’s investigation is considered unacceptable to the Eng ineer, the Engineer may require the material to be resampled a nd retested by the Contractor and the Department using the same te st methods and frequencies as required by the Manual of Field Sampling and Testing Procedures . Acceptance of the lot will then be based on the new test results. The original test results shall not be used for acceptance. If the test results of the resampled material fails to correlate, and the cause remains undetermined, the Engineer may el ect to accept the material based upon the uncorrelated results or proceed with dispute resolution as provided in Subsection 106.12 .

106.12Materials Dispute Resolution. When either the

Contractor or the Engineer disputes the other’s acc eptance test results and cannot resolve the dispute, the party d isputing the results shall notify the other party in writing that the ac ceptance test results are in dispute. Both parties shall then review the sampling and testing procedures with a representative of the Dep artment’s Materials Division. In the event that the test procedures are revealed as the cause of the dispute, the technicians who performed the orig inal test for each party will split and test one sample from the dispu ted sublot. The Materials Division representative will observe the testing procedures of both technicians. In addition, each party will observe the other’s 106 76 testing procedure. The Materials Division will pre pare a report of the review findings and distribute the report to bo th parties for their information and action. The Contractor and the Dep artment will respectively provide training and instruction to th e technician who has performed improper testing, as identified in th e Materials Division’s report. If the dispute is not resolved, the Materials Division will sample and test the material in dispute. The test results obtained by the Materials Division will govern over all previous te st results. As appropriate, the Contractor or the Engineer will ta ke corrective action.