105.11Other Federal Requirements Prior to payment by the Dep artment, the
Contractor shall provide a certification from the producer of s teel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of the Buy America provisions of 23 CFR § 635.410, as amended. Such certification shall also include (1) a statement that the iron or steel product or component was produced entirely within the United States, or (2 ) a statement that the iron or steel product or component was produced within the United States, except for minimal quantities of foreign steel and iron valued at $ (actual value) . All manufacturing processes must take place within the UnitedS tates. Manufacturing begins with the initial melting and mixing, and continues throu gh the coating stage. Any process that modifies the chemical content, the physical size a nd shape, or the final finish is considered a manufacturing process, including rolling, extrudin g, machining, bending, grinding, drilling, and coating. “Coating” includes epoxy coati ng, galvanizing, painting, or any other coating that protects or enhances the value of the ma terial. A “Buy America” Certification is required from each manufacture r, fabricator, supplier, subcontractor that engages i n “manufacturing” as defined above . “Buy America” does not apply to raw materials (iron ore and all oys), scrap, pig iron, or processed, pelletized, and reduced iron ore.
Scope of Section This section contains general provisions related to the Quality of Work, including roles, standards, Materials, Quality Control, A cceptance, Non-conforming Work, and warranties. When specified in the contract, the Depa rtment will use the quality level analysis in this Section to determine quality-based pay a djustments.
106.1Roles Regarding Quality
106.1.1 Cooperation The Contractor and the Department shall wo rk cooperatively within their respective Quality Assurance (QA) responsibilities to produce and document a high quality project, meeting or exceeding the quality requirem ents of the Contract. 106.1.2 Role of the Contractor The Contractor is responsible f or all aspects of the quality of construction, including labor, equipment, materials, incidentals, processes, construction methods, and QC. W hen required by the Contract, t he Contractor shall develop, submit for approval, implement, and adjust if necessar y a QCP for the Work specified. 106.1.3 Role of the Department The Department is responsible f or providing a quality design, approving the QCP, and assuri ng that the Contractor is following the QCP. The Department will perform acceptance sampling, testing, and inspe ction for any element of the
Work to ensure compliance with the QCP and contract requirements. The Department may also perform IA and Verification sampling and testing at any ti me.
106.2Quality Standards
106.2.1 Conformity with Contract The Contractor shall comply w ith all Contract requirements in performance of the Work. Any required plans su ch as QCP, the TCP, and the SEWPCP, as approved by the Department, are binding upon the Contractor as Contract requirements. 106.2.2 Conformity with Other Standards Unless otherwise provi ded in the Contract, all Work shall conform to the following standards, as applicable.
F . M U T C D G. American with Disabilities Act (ADA) 106.2.3 Industry Standards If there is no applicable standard set forth in this Contract for a particular item of Work, then the Contractor shall perfor m that item of Work in accordance with industry standards prevailing at the time of th e Bid.
106.3Material Quality
106.3.1 General Materials and manufactured products incorporated into the Work shall be new unless otherwise specified, free from defect, and in con formity with the Contract. When Material is fabricated or treated with another Material o r where any combination of Materials is assembled to form a finished produc t, any or all of which are covered by specifications, the Department may reject the finished product if any of the components do not comply with the specifications. Title to all hot mix asphalt to be furnished by the Contractor shall pass to the Department immediately before installation. The preceding sentence shall not in any way affect any right or remedy the D epartment has relating to the q uality of the material, installation, or workmanship. 106.3.2 Quality Requirements Materials shall meet the re quirements of the Contract at the time they are incorporated into the work. The Contracto r shall sample and test proposed sources of materials, using accepted procedures and eq uipment no more than 60 Days prior to use. Materials shall not be used in the Work unti l passing results are obtained and provided to the Department. T he Contractor shall provide t he Resident with a copy of the passing test results, including the source of the Material as identified in Section 105.8.6.
The Contractor shall perform QC inspection, sampling, testing, and documentation in accordance with the Contract requirements. For work without specific QC requirements, the Contractor shall perform inspection, sampling, and testing as the Contractor deems necessary to ensure adequate process control and end product qu ality. The Contractor shall provide all facilities, Equipment, and Ma terial samples required by the Department to conduct Acceptance, Verification, and IA s ampling and testing. The Contractor shall supply Materials and perform work using m ethods and Equipment in a manner that will not degrade the quality of the Materials. Materials with prior approval that become unfit for use or fall outside the sp ecification limits will result in the affected product being decl ared Non-conforming Work. For a related provision, see Section 106.8 - Non-conforming Work. The cost of the Contractor’s QC activities and its costs for f urnishing facilities, testing Equipment, and samples for the Department’s Acceptance and IA activities are incidental to the related Pay Items. 106.3.3 Sources
complete the work, except as otherwise provided in the Contract . Unless otherwise specified in the Contract, the C ontractor shall use only those products contained on the Department’s Qualified Products List (available on the Departme nt internet site) if a list is established for that type of product or Material. For any mate rial on the Department qualified products list that is being considered for incorporation into the Work, it sh all be the Contractor’s responsibility to verify that the Material is appropriate for the use being considered.
Department will furnish certain Materials. If the Contractor r easonably believes that the Department-furnished Material is deficient in any way, the Cont ractor shall immediately notify the Department before accepting delivery. After accepta nce of delivery, the Contractor is responsible for all risk of loss of Department-fu rnished Material. The cost of inspecting, handling, and storing Department-furnished Materials after delivery is incidental to the Contract. The Department may deduct from amounts otherw ise due the Contractor all costs necessary to make good any shortage, damage, or deficienc ies discovered after the Contractor accepts delivery, including any demurrage or car hir e charges. 106.3.4 Storage The Contractor shall store Materials to prese rve their quality and fitness for the work. Materials shall not be stored under or i n close proximity to Highway Structures unless the Contractor receives written permission fr om the Resident. If Materials fail to meet the requirements of the Contract, the Materials wi ll be rejected. The Department may inspect stored materials at any time. The Contractor shall locate stored Materials to facilitate their prompt inspection. The Department may approve portions of land within the