SECTION 106 CONTROL OF MATERIALS
106.01 SOURCE OF SUPPLY AND MATERIALS REQUIREMENTS. Provide
materials that conform to all requirements of the Contract. At the Department’s option, the Engineer may approve the materials at the source of supply before delivery is started. When requested by the Engineer, submit representative samples of the materials intended for use in the work for the Engineer to examine and test according to Subsection 106.02. The Department may inspect or test all mate rials at any time during their preparation, storage, and use. If the Department determines that previously approved materials from any source are not uniform and satisfactory or that the product from any source proves unacceptable, cease operations. Provide acceptable material and resume operations. Do not use material which, after approval, has in any way become unfit for use. Use only new materials.
106.02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. The Department will
bear the cost of conducting tests except as ot herwise provided. The Engineer will collect samples at the site of work and will retain custody of the samples until delivered to the laboratory, to a common carrier, or to the US Postal Service. The Contractor may deliver to the laboratory samples that a Department employee placed in containers and sealed with a Department seal. The Department will not accept for testing any samples submitted in any other manner. When requested, give the Engineer assistance in obtaining samples. Perform, or ensure that the material producer performs, all testing necessary for quality control and process control. The Department will sample and test to ensure the acceptability of the materials incorporated into the work. The Department will sample, test, and approve all materials in conformance with the Department’s Kentucky Methods and the Manual of Field Sampling and Testing Practices; but the Department reserves the right to sample at any point and to perform any additional or special tests necessary to ensure the suitability of the material for its intended use. The Department may charge the supplier or Contractor for the cost of any additional test or inspection of unacceptable material. The Department will bear only the costs of normal acceptance testing of materials actually used in the work. Show good faith and request sampling of only those sources from which material will be furnished for the project. Do not use Department sampling and testing to investigate various potential materials sources for informational purposes. When the Contractor submits samples from or requests sampling of materials sources that are not used, the Department may charge the Contractor for the cost of sampling and testing the source. Bear the cost of special investigations or tests beyond the normal acceptance testing, which are required to determine the degree of acceptability of finished work that incorporates materials not conforming to the Contract. This provision applies to materials on which testing is not normally completed until after their incorporation into the work. This provision is not a means to use materials that are previously tested and rejected prior to use. The Department or a Department approved commercial testing laboratory will perform these tests and investigations. Bear the cost of any special investigati ons or tests necessary to determine the acceptability of any material to remain in place that is deemed unacceptable by the Engineer due to failed laboratory testing and/or improper construction techniques. Whenever reference is made to the standards of AASHTO, ASTM, Federal Specifications, or standards promulgated by other recognized societies or organizations, the current specification at the date of the bid letting is applicable. When a sieve number is designated in these Specifications, use sieves that conform to AASHTO M 92. Fabricate, purchase, or otherwise furnish any special equipment necessary to obtain samples when the Contract requires.
106.03 Plant Inspection.
106-1
106.03.01 General. The Engineer may undertake the inspection of materials at the
source. For plant inspections, conform to the following conditions:
1.Cooperate with and assist the Engineer, and ensure that the producer cooperates with and assists the Engineer.
2.Provide the Engineer full entry at all times to such parts of the plant as may concern the manufacture or production of the materials being furnished.
3.For tests performed at the source of supply or other locations for the convenience of the Contractor, the Engineer may require the Contractor to furnish a suitable laboratory and the necessary testing equipment.
4.Provide and maintain adequate safety measures, according to Subsection
107.01 01.
The Department reserves the right to retest all materials that are tested at the source of supply, after delivery and prior to their incorporation into the work. The Department reserves the right to reject all retested materi als that fail to conform to the requirements of the Contract.
106.03.02 Field Laboratory. Provide a field laboratory at the site of asphalt plants,
and the site of mixing or batching concrete. Locate the field laboratory conveniently near the plant and conform to the applicable requirements of Subsection 401.02.01 A). Include a supply of water when it is required to perform the necessary testing. Provide this field laboratory for the exclusive use of the Engineer, the technicians employed by the Contractor, or the material producer, to pe rform testing for quality control and process control. At material or product sources other than those listed above, the Engineer will determine if the field laboratory will be required for proper testing and inspection of the material or product.
106.04 BUY AMERICA REQUIREMENT. Follow the “Buy America” provisions as
required by Title 23 Code of Federal Regulat ions § 635.410. Except as expressly provided herein all manufacturing processes of steel or iron materials including but not limited to structural steel, guardrail materials, corrugated steel, culvert pipe, structural plate, prestressing strands, and steel reinforcing bars shall occur in the United States of America, including the application of: • Coating, • Galvanizing, • Painting, and • Other coating that protects or enhances the value of steel or iron products. The following are exempt, unless processed or refined to include substantial amounts of steel or iron material, and may be used regardless of source in the domestic manufacturing process for steel or iron material: • Pig iron, • Processed, pelletized, and reduced iron ore material, or • Processed alloys. The Contractor shall submit a certification stating that all manufacturing processes involved with the production of steel or iron materials occurred in the United States. Produce, mill, fabricate, and manufacture in the United States of America all aluminum components of bridges, tunnels, and large sign support systems, for which either shop fabrication, shop inspection, or certified mill test reports are required as the basis of acceptance by the Department. 106-2 Use foreign materials only under the following conditions: 1) When the materials are not permanently incorporated into the project; or
2.When the delivered cost of such materials used does not exceed 0.1 percent of the total Contract amount or $2,500.00, whichever is greater. The Contractor shall submit to the Engineer the origin and value of any foreign material used.
106.05 CERTIFICATION OF COMPLIANCE. The Engineer may allow use prior to
sampling and testing of certain materials acc ompanied by Certificates of Compliance stating that such materials fully comply with the requirements of the Contract. Deliver each lot of such materials to the work site wi th a Certificate of Compliance that is signed by an authorized agent of the testing agency and that clearly identifies the lot. The Engineer may sample and test materials used on the basis of Certificates of Compliance at any time, and when such materials fail to conform to the Contract, the Engineer will reject them, whether in place or not. The Engineer will determine the form and distribution of Certificates of Compliance. The Engineer reserves the right to refuse permission to use materials on the basis of Certificates of Compliance.
106.06 DEFECTIVE MATERIAL. Remove materials delivered to the work site that
fail to conform to the requirements of the Cont ract and dispose of them so as to prohibit their return to the site or incorporation into the work. If the Contractor declines or neglects to remove unsatisfactory material from the work site within the time that the Engineer directs such removal, the Departme nt may retain all monies due or which may become due the Contractor on pay estimates until the Contractor removes the unsatisfactory material. As an alternative, the Commissioner may elect to employ the necessary labor to remove and dispose of the unsatisfactory materials and deduct the cost of same from any money due or that may become due the Contractor.
106.07 DEPARTMENT–FURNISHED MATERIAL. Furnish all materials required
to complete the work, except those specified as Department-furnished. The Department will deliver or make available Department-furnished materials at locations specified in the Contract. Include the cost of handling and placing all Department-furnished materials after they are turned over to the Contractor in the Contract price for the item incorporating the Department-furnished materials. The Department will hold the Contractor responsible for all Department-furnished material that is turned over to the Contractor. The Department will deduct from any monies due the Contractor to make good on any material shortages and deficiencies, from any cause whatsoever, and for any damage that may occur after such turnover, and for any demurrage charges. The Department will apply the requirements of this section to Department-furnished items that the Contractor is required to return to the Department, such as, but not limited to, traffic signals and structural steel members.
106.08 STORAGE OF MATERIALS. Store materials to ensure preservation of their
quality and fitness for the work. Locate stored materials to facilitate prompt inspection. The Contractor may use that portion of the right-of-way not required for construction of the roadway for storing materials, plant, and equipment. Provide any additional space required at no expense to the Department. If the Department provides partial payment for material prior to the Contractor incorporating them into the work, store these materials according to Subsection 109.05.01. 106-3
106.09 LIST OF APPROVED MATERIALS. Due to the special or lengthy tests
required for approval of certain materials, the Department maintains a List of Approved Materials. Use only materials included on the List of Approved Materials at the time of use on the project. The Department will sample and test materials on the list after delivery to the project as specified or when deemed necessary, and will reject any material found not to conform to the Contract regardless of any prior approval.
106.10 FIELD WELDER CERTIFICATION REQUIREMENTS. All field welding
must be performed by a certified welder unless otherwise noted. Welder’s or welding operator’s qualifications to perform field welding shall remain effective for 2 years from the date of test unless:
1.the welder or welding operator is not engaged in the welding process for which the welder or welding operator is qualified for a period exceeding 6 months; or
2.in the judgment of the Engineer, there is reason to question the welder’s or welding operator’s ability. Keep records of the types of welds and dates engaged in welding within the 2-year period to maintain the welder’s or welding operator’s qualification. If the Contractor fails to maintain such records for review and use in each project’s records, the Department will require the welder or welding operator to be retested at any time. 106-4
Source: Kentucky Standard Specifications for Road and Bridge Construction, 2019 Edition. Pages 45–48 of 718.