6CONTROL OF MATERIALS

SECTION 6 CONTROL OF MATERIALS

6-1Acceptance Criteria

6-1.1General: Acceptance of materials is based on the following criteria. All

requirements may not apply to all materials. Use only materials in the work that meet the requirements of these Specifications. The Engineer may inspect and test any material, at points of production, distribution and use.

6-1.2Sampling and Testing: Use the Department’s current sample identification and

tracking system to provide related information and attach the information to each sample. Restore immediately any site from which material has been removed for sampling purposes to the pre-sampled condition with materials and construction methods used in the initial construction, at no additional cost to the Department. Ensure when a material is delivered to the location as described in the Contract Documents, there is enough material delivered to take samples, at no expense to the Department. 6-1.2.1 Pretest by Manufacturers: Submit certified manufacturer’s test results to the Engineer for qualification and use on Department projects. Testing will be as specified in the Contract Documents. The Department may require that manufacturers submit samples of materials for independent verification purposes. 6-1.2.2 Point of Production Test: Test the material during production as specified in the Contract Documents. 6-1.2.3 Point of Distribution Test: Test the material at Distribution facilities as specified in the Contract Documents. 6-1.2.4 Point of Use Test: Test the material immediately following placement as specified in the Specifications. After delivery to the project, the Department may require the retesting of materials that have been tested and accepted at the source of supply, or may require the testing of materials that are to be accepted by manufacturer certification. The Department may reject all materials t hat, when retested, do not meet the requirements of these Specifications.

6-1.3Certification:

6-1.3.1 Manufacturer Material Certification: Submit material certifications for all materials to the Engineer for approval when required by the S pecifications. Materials will not be considered for payment when not accompanied by a m aterial certification. Sample material certification forms are available on the Department’s website at the following URL: https://www.fdot.gov/materials/administration/resources/library/publications/certifications/sampl eforms.shtm . Ensure that the material certification follows the format of the sample form, is submitted on the manufacturer’s letterhead and is signed by a legally responsible person employed by the manufacturer. 6-1.3.1.1 Appro ved Product List: This list provides assurance to Contractors, consultants, designers, and Department personnel that specific products and materials are approved for use on Department facilities. The Department will limit the Contractor’s use of products a nd materials that require use of APL items to those listed on the APL effective at the time of placement. Where the terms Qualified Products List (QPL) appear in the Contract Documents, they will be synonymous with Approved Product List ( APL). 55 FY 2023-24 Return to Table of Contents Manufacture rs seeking to have a product evaluated for the APL must submit an application, available on the Department’s website at the following URL: https://www.fdot.gov/programmanagement/ProductEvaluation/Default.shtm . Applications must include the following documentation:

Specifications , St andard Plans, and APL approval process. A sample may be requested to verify the product, in accordance with the specifications.

packaging.

packaging, if applicable. 4.Installation instructions and materials, if applicable.

Specifications.

materials.

manufacture. 8.Manufacturer name and material designation (product name, product model/part number/style number, etc.) must be as identified on the product, product packaging , and product labels.

person employed by the manufacturer of the product. Required test reports must be conducted by an independent laboratory or other independent testing facility. Required drawings and calculations must be signed and sealed by a Professional Engineer li censed in the State of Florida . Products that have successfully completed the Department’s evaluation process are eligible for inclusion on the APL. Manufacturers are required to submit requests to the Department for approval of any modifications or alterations made to a product listed on the APL. This includes, but is not limited to, design, raw material, or manufacturing process modifications. M odification or alteration requests must be submitted along with supporting document ation that the product c ontinues to meet Section 6, the Specification, or Standard Plans requirements . A product sample and additional product testing and documentation may be required for the modification evaluation. Any marked variations from original test values, failure to notify the Department of any modifications or alterations, or any evidence of inadequate performance of a product may result in removal of the product from the APL. Manufacturers must submit supporting documentation to the Department for a periodic review and re-approval of their APL products on or before the product’s original approval anniversary. APL products that are not re-approved may be removed from the APL. Documentation requirements for the product review and re-approval, including schedule and criteria, are available on the Department’s website at the following URL: https://www.fdot.gov/programmanagement/ProductEvaluation/Default.shtm . 6-1.3.2 Contrac tor Installation Certification: Submit installation certifications as required by the Contract Documents. 56 FY 2023-24 Return to Table of Contents

6-2Applicable Documented Authorities Other Than Specifications

6-2.1General: Details on individual materials are identified in various material specific

Sections of the Specifications that may refer to other documented authorities for requirements. When specified, meet the requirements as defined in such references.

6-2.2Test Methods: Methods of sampling and testing materials are in accordance with

the Florida Methods (FM). If an FM does not exist for a particular test, perform the testing in accordance with the method specified in the Specification. When test methods or other standards are referenced in the Specifications without identification of the specific time of issuance, use the most current issuance, including interims or addenda thereto, at the time of bid opening. 6-2.3 Construction Aggregates: Aggregates used on Department projects must be in accordance with Rule 14-103, FAC.

6-3Storage of Materials and Samples. 6-3.1 Method of Storage: Store materials in such a manner as to preserve their quality and fitness for the work, to facilitate prompt inspection, and to minimize noise impacts on sensitive receivers. More detailed specifications concerning the storage of specific materials are prescribed under the applicable Specifications. The Department may reject improperly stored materials

6-3.2Use of Right- of-Way for Storage: If the Engineer allows, the Contractor may use

a portion of the right-of-way for storage purposes and for placing the Contractor’s plant and equipment. Use only the portion of the right-of- way that is outside the clear zone, which is the portion not required for public vehicular or pedestrian travel. When used, restore the right-of-way to pre-construction condition at no additional cost to the Department or as specified in the Contract Documents. Provide any additional space required at no expense to the Department.

6-3.3Responsibility for Stored Materials: Accept responsibility for the protection of

stored materials. The Department is not liable for any loss of materials, by theft or otherwise, or for any damage to the stored materials.

6-3.4Storage Facilities for Samples: Provide facilities for storage of samples as

described in the Contract Documents and warranted by the test methods and Specifications.

6-4Defective Materials

Materials no t meeting the requirements of these Specifications will be considered defective. The Engineer will reject all such materials, whether in place or not. Remove all rejected material immediately from the site of the work and from storage areas, at no expense to the Department. Do not use material that has been rejected, until the Engineer has approved the material’s use. Upon failure to comply promptly with any order of the Engineer made under the provisions of this Article, the Engineer has the authority to have the defective material removed and replaced by other forces and deduct the cost of removal and replacement from any moneys due or to become due the Contractor. 6-4.1 Engineering Analysis: As an exception to the above, within 30 calendar days of the termination of the LOT or rejection of the material, the Contractor may submit to the Engineer a proposed Engineering Analysis Scope to determine the disposition of the material. The Engineering Analysis Scope must contain at a minimum: 1. Description of the defective materials. 57 FY 2023-24 Return to Table of Contents

nonconformities, pictures, drawings, and accurately dimensioned deficiency maps as necessary. For cracked elements, provide drawings showing the location, average width, depth, length, and termination points of each crack along the surfaces. Provide the distance from each termination point to a fixed reference point on the component, such as beam end or edge of flange. 3. Proposed approach of investigation and anal ysis.

Upon approval of the Engineering Analysis Scope by the Engineer, the Specialty Engineer or Contractor’s Engineer of Record may perform the engineering analysis as defined in the approved scope and submit a signed and sealed Engineering Analysis Report (EAR) to the Engineer. The EAR must contain at a minimum: 1. The approved Engineering Analysis Scope. 2. Any investigations performed, and the associated results obtained. 3. Analysis and conclusion. 4. Proposed disposition of the material, addressing the performance and durability of the proposed action. Provide as appropriate: 1. Written evidence of a previously approved comparable deficiency and its repair.

Contractor’s Engineer of Record that performed the engineering analysis. A llow for a 45 calendar day review period for all EARs associated with a category 2 bridge; tolling components identified in the current FDOT General Tolling Requirements (GTR) Part 3; and the tolling-related signing, DMS and ITS infrastructure. Allow for a 25 calendar day review period for all other items. The Engi neer will determine the final disposition of the material after review

of the EAR. No additional monetary compensation or time extension will be granted for the

impact of any such analysis or review.

6-5Products and Source of Supply

6-5.1Source of Supply–Convict Labor (Federal-Aid Contracts Only): Do not use

materials that were produced after July 1, 1991, by convict labor for Federal-aid highway

construction projects unless the prison facility has been producing convict-made materials for

Federal-aid highway construction projects before July 1, 1987.

Use materials that were produced prior to July 2, 1991, by convicts on Federal-aid

highway construction projects free from the restrictions placed on the use of these materials by

23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use

in Federal-aid highway construction projects to: 58FY 2023-24Return to Table of Contents

probation from a prison or,

The amount of such materials produced for Federal-aid highway construction

during any 12-month period shall not exceed the amount produced in such facility for use in such

construction during the 12-month period ending July 1, 1987.

6-5.2Source of Supply: Comply with Section 70914 of Public Law No. 117-58,

§§ 70901-52, also known as the Infrastructure Investment and Jobs Act (IIJA), Public Law

117-58, which includes the Build America, Buy America Act (BABA). Domestic compliance for

all affected products will be listed on the APL.

6-5.2.1 Steel and Iron: Use steel and iron manufactured in the United States, in

accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all

manufacturing processes for this material occur in the United States. As used in this

specification, a manufacturing process is any process that modifies the chemical content,

physical shape or size, or final finish of a product, beginning with the initial melting and

continuing through the final shaping and coating. If a steel or iron product is taken outside the

United States for any manufacturing process, it becomes foreign source material. When using

steel or iron materials as a component of any manufactured product (e.g., concrete pipe,

prestressed beams, corrugated steel pipe, etc.), these same provisions apply. Foreign steel and

iron may be used when the total actual cost of such foreign materials does not exceed 0.1% of

the total Contract amount or $2,500, whichever is greater. These requirements are applicable to

all steel and iron materials incorporated into the finished work but are not applicable to steel and

iron items that the Contractor uses but does not incorporate into the finished work. Submit a

certification from the manufacturer of steel or iron, or any product containing steel or iron,

stating that all steel or iron furnished or incorporated into the furnished product was produced

and manufactured in the United States or a statement that the product was produced within the

United States except for minimal quantities of foreign steel and iron valued at $ (actual cost).

Submit each such certification to the Engineer prior to incorporating the material or product into

the project. Prior to the use of foreign steel or iron materials on a project, submit invoices to

document the actual cost of such material, and obtain the Engineer’s written approval prior to

incorporating the material into the project.

6-5.2.2 Manufactured Products: Use Manufactured Products that are consumed

in, incorporated into, or affixed to an infrastructure project that are manufactured in the United

States, in accordance with BABA requirements and applicable waivers.

6-5.2.3 Construction Materials: Use non-ferrous metals, plastic and polymer-

based products, glass, lumber, and drywall articles, materials, and supplies that are consumed in,

incorporated into, or affixed to an infrastructure project that are manufactured in the United

States, in accordance with BABA requirements.

6-5.2.4 Exemptions to Build America, Buy America: Temporary devices,

equipment, and other items removed at or before the completion of the project are exempt from

BABA funding eligibility requirements. Aggregates, cementitious materials, and aggregate

binding agents or additives are exempted from BABA funding eligibility requirements.

6-5.3Contaminated, Unfit, Hazardous, and Dangerous Materials: Do not use any

material that, after approval and/or placement, has in any way become unfit for use. Do not use

materials containing any substance that has been determined to be hazardous by the State of

Florida Department of Environmental Protection or the U.S. Environmental Protection Agency 59FY 2023-24Return to Table of Contents

(EPA). Provide workplaces free from serious recognized hazards and to comply with

occupational safety and health standards, as determined by the U.S. Department of Labor

Occupational Safety and Health Administration (OSHA). 60FY 2023-24Return to Table of Contents SECTION 7 LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC

7-1Laws to be Observed

7-1.1General : Become familiar with and comply with all Federal, State, and Local

Rules and Regulations that control the action or operation of those engaged or employed in the work or that affect material used. Pay particular attention called to the safety regulations promulgated by the U.S. Department of Labor, Occupational Safety and Health Administratio n (OSHA). In addition, comply with Chapter 403, of the Florida Statutes, regarding control of air pollution. Direct special attention to that portion of Chapter 62-256, Rules of the Department of Environmental Protection, Florida Administrative Code, perta ining to open burning in land clearing operations. Where work or structures included in the Contract are in “Navigable Waters of the U.S.,” (reference 33 of the Code of Federal Regulations, Part 329); “Waters of the U.S.,” (reference 33 of the Code of Fede ral Regulations, Parts 323 and 328); or “Waters of the State,” (reference Part 4, Chapters 253 and 373 of the Florida Statutes and Section 62-340 of the Florida Administrative Code); comply with the regulatory provisions of Section 404 of the Federal Clean Water Act of 1977; Sections 9 and 10 of the Federal River and Harbor Act of 1899; Chapter 161 of the Florida Statutes; and any local authority having jurisdiction over such waters. Comply with Part IV, Chapter 378, of the Florida Statutes regarding land reclamation. Direct special attention to Chapters 62C-36 and 62C -39 of the Florida Administrative Code. Submit the Notice of Intent to Mine to: Department of Environmental Protection Collins Building 2051 East Dirac Drive Tallahassee, Florida 32310 -3760 with a copy to the Engineer. The Engineer will determine consistency with the environmental documents prior to commencement of mining. Obtain certification from the Construction Industry Licensing Board as required by Part I, Chapter 489, of the FloridaS tatutes, regardless of exemptions allowed by subsection 489.103, prior to removing underground pollutant storage tanks. Dispose of tanks and pollutants in accordance with the requirements and regulations of any Federal, State, or local, agency having juris diction. Prior to building construction or renovation, submit current registrations or certifications issued by the Florida Construction Industry Licensing Board in accordance with Chapter 489, for the appropriate category of construction. Corporations must be registered with the State of Florida, Department of State, Division of Corporations, and hold a current State Corporate Charter Number in accordance with Chapter 607, Florida Statutes. The Contractor or the authorized subcontractor applying the roofing material must be licensed or be an approved dealer and applicator of the proposed roofing material. Indemnify, defend, and save harmless the Department and all of its officers, agents, and employees, in the amount of the Contract price, against all claims or liability arising from or based on the violation of any such Federal, State, and Local Rules and Regulations, whether by himself or his employees. 61 FY 2023-24 Return to Table of Contents