Section 105 Section 105 responsible for all warranty work and any late nt defects found within one year of final acceptance. SECTION 106 - CONTROL OF MATERIALS
106.01 Source of Supply and Quality Requirements.
106.01.1 General. The materials used in the work shall meet all quality requirements of
the Contract. At the option of the Engineer , materials may be approved at the source of supply provided the Contractor notifies the Engineer of the proposed source of material well in advance of the time of proposed delivery. If previously approved materials do not produce uniform and satisfactory products, the Contractor shall furnish materials from other sources.
106.01.2 Warranties, Guaranties, Instruction Sheets and Parts Lists. F o r
manufactured articles, units, components or materials incorporated in any mechanical or electrical facility required un der the Contract, the manufacturer's warranties, guaranties, instruction sheets and parts lists shall be de livered before final acceptance of the work.
106.02 Local Materials Sources.
106.02.1 Designated Sources. Possible sources of local material may be designated on
the plans or described in the special provisions. The quality of material in such deposits will be acceptable in general, but the C ontractor shall determine for himself the equipment and work required to produce uni form, acceptable material. It shall be understood that it is not feasible to ascertain from samples the specific limits of acceptable material from the entire deposit and variations shall be considered as usual and are to be expected. The Engineer ma y order procurement of material from any portion of the deposit and may reject other portions of the deposit as unacceptable. Unless designated sources are identified in th e Contract as State Furnished or State Optioned, acquisition and rights of ingress and egress shall be the responsibility of the Contractor.
106.02.2 Contractor Furnished Sources. The Contractor shall provide sources of
materials meeting the requirements of the Co ntract and shall bear all costs involved, including the cost to the Department for sampling and testing for source approval. The Department's costs will be based on the standard sampling and testing charges published in Department SOP, and the charges will be deducted from monies due the Contractor. The Department will assume the cost of acceptance sampling and testing during production and use of the materials. All pits and quarry sites are subject to ap proval from the Mississippi Department of Environmental Quality, Office of Geology, as set forth in Subsection 107.23.
106.02.3 All Sources. All pit operations including hauling shall comply with the applicable provisions of Subsection 107.22. Unless otherwise permitted, all pits shall be
drained upon completion.
106.03 Samples, Tests, and Cited Specifications. All materials used in the work shall
conform to the general requirements of Section 700 and the specific requirements for each item of work. Cited specifications of AASHTO, ASTM or Federal Specifications for materials or test methods shall be understood to mean approved pre-published or published "Standards" of ASTM, AASH TO, Federal Specifications; Interim Specifications of AASHTO denoted by the suffix "I", Tentative Specifications of ASTM denoted by the suffix "T", or amended Federal Specifications denoted by a numbered amendment, current on the date of advertisement for bids. Unless otherwise provided, all materials shall be inspected and tested for acceptance in accord ance with Subsection
700.03 The work shall be considered incomplete until accep tance of all materials used
in the work. Any work performed prior to approval of materials will be the sole responsibility of the Contractor. The Department reserves the right to retest all materials even though they have been tested and approved earlier and to reject all retested materials that do not meet the requirements of the Contract. Prior inspection, test and approval of material used as a component of another item of work shall in no way imply acceptance if the work in which the mate rial is incorporated fails to meet the requirements of the Contract. Test reports will be furnished to the Contractor upon request.
106.04 Certification of Compliance. Prior to sampling and testing by the Department,
the Engineer may permit use of certain materials or assemblies accompanied by acceptable certificates of compliance stating that such materials or assemblies fully comply with the requirements of the Contract. Each lot of such materials or assemblies delivered to the work must be accompanied by an approved certificate of compliance in which the lot is clearly identified. Certificates of Compliance shall be prepar ed in accordance with Subsection 700.05. Materials and assemblies used on the basis of Certificates of Compliance and found not to be in conformity with Contract requirements are subject to rejection whether in place or not. Unless otherwise required, the original and three copies of all Certificates of Compliance shall be furnished to the Engineer. Unless specifically provided for elsewhere in the Contract, payment for the work will not be made until proper certification has been received.
106.05 Plant Inspection. The Engineer may make th e inspection at the source of
material produced by a third party. In the event such plant inspection is undertaken the following conditions shall be met:
a.The Engineer shall have the cooperatio n and assistance of the Contractor and the producer.
b.The Engineer shall have full entry of the plant as may concern the manufacture or production of the materials.
c.When specified, the Contractor sha ll provide an approved laboratory unit conforming to the applicable re quirements of Section 621.
106.06 Blank.
106.07 Foreign Materials. Except as specifically prohibited in these specifications or
other contract documents, consideration may be given by the Department to the use of certain materials manufactured or produced out side of the United States provided the materials are delivered to approv ed locations within the State. The Contractor shall, at no additional cost to the State, arrange for any required sampling and testing that the State is not equipped to perform. All testing sha ll generally be performed within the United States' Mainland and be subject to witnessing by the Engineer. Certain materials or processes may necessitate the testing be performed or witnessed at the foreign source by State personnel. When the Engineer authorizes inspection at a foreign site, the Contractor shall reimburse the State for all ex penses incurred outside the United States by the State's representatives. For materials requiring mill test reports, the State Materials Engineer will determine that in-plant quality controls are adequate to assure delivery of uniform material in accordance with Contract requirements, and the State Materials Engineer’s determination of the adequacy of in-plant quality controls with respect to mill test reports and certificates of compliance shall be final. No structural materials will be accepted that cannot be properl y identified with mill test reports and certificates of compliance even though in-plant quality control procedures have been established to the satisfaction of the State Materials Engineer.
106.08 Storage of Materials. Materials shall be stored in a manner to assure the
preservation of their quality and fitness for the work. Stored materials may be re- inspected and retested prior to their use in th e work. The materials shall be located so as to facilitate their prompt inspection. Approved portions of the right-of-way may be used for plant operation and storage of materials and equipment. Private property shall not be used without written permission of the owner or lessee, and duplicate copies of such written permission shall be furnished the Engineer. All sites shall be restored to their original conditions at no additional cost to the State or the Commission. This shall not apply to stripping and storing of materials salvaged from the work for use by the Department on other work.
106.09 Handling Materials. All materials shall be handled in such manner as to
preserve their quality and fitness for the work. Materials shall be transported in tight vehicles so constructed as to prevent loss or segregation of materials after loading and measuring for incorporation in the work.
106.10 Unacceptable Materials. All materials not conforming to the requirements of
the specifications at the time th ey are incorporated in the work shall be rejected and removed immediately unless otherwise instruct ed by the Engineer. Rejected materials which have been corrected shall not be used until written approval has been given by the Engineer.
106.11 Department Furnished Material. Material furnished by the Department will
be delivered or made available to the Contra ctor at the points specified in the Contract. Unless otherwise specified, the cost of handling, placing, and maintaining all materials after they are delivered or made availabl e will be at the Contractor's expense. The Contractor will be held responsible for a ll materials delivered or made available and deductions will be made from monies due for shortages or deficiencies, damages that may occur thereafter, and any demurrage charges.
106.12 Substitute Materials . The Contract will typically specify material generally
used in highway construction. The Department from time to time will approve substitute materials for specific uses. These materials and their uses will be noted on the Department's APL. Contractors proposing to use substitute materials will be responsible for determining if the material has gained Department approval. When an approved substitute material is to be used, the Cont ractor will furnish a certification from the manufacturer that the product is the same ma terial as approved by the Department and that no alterations have been made. Material will be sampled and tested by the Department as necessary for acceptance. Appr oved lists may be obtained from the State Materials Engineer.
106.13 Convict Produced Materials. Materials produced after July 1, 1991, by convict
labor may only be incorporated in a Federal-Aid highway construction project if such materials have been:
1.Produced by convicts who are on parole, supervised release, or probation from a prison or
2.Produced in a qualified prison facility and the cumulative annual production amount of such materials for use in Federal-aid highway construction does not exceed the amount of such materials produce d in such facility for use in Federal- Aid highway construction during the 12-month period ending July 1, 1987. Qualified prison facility means any prison fa cility in which convicts, during the 12-month period ending July 1, 1987, produced materials for use in Federal-Aid highway construction projects. SECTION 107 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
107.01 Laws to Be Observed. The Contractor shall have the authority to and will keep
fully informed and comply with all Federal, State and local laws, ordinances, regulations and all orders and decrees of bodies or tribunals having jurisdiction or authority that affect those engaged or employed on the work or affect the conduct of the work. The Contractor shall protect and indemnify the Stat e and its representatives against all claims or liability arising from or based on the viol ation of such laws, ordinances, regulations, orders or decrees whether by the Contractor, the Contractor’s employees, Subcontractors and employees or agents thereof.
107.02 Permits, Licenses, and Taxes. The Contractor or any Subcontractor shall have
the duty to determine any and all required permits not previously procured by the Department; determine all required licenses; procure all permits not previously acquired
Source: Mississippi Standard Specifications for Road and Bridge Construction, 2017 Edition. Pages 59–61 of 1,113.