SECTION 106: CONTROL OF MATERIALS
106.1 Contractor-Furnished Aggregate and Borrow Sources
Exploration and development of Material sources by the Contract or including related GRT and Tribal Taxes shall be Incidental. The Contractor shall notify the Project Manager in writing of the Materials source prior to delivery of aggregate or borrow Materials to the Project. The Contractor shall provide Acceptable Materials and shall pr ovide the following documentat ion to the Project Manager: 1. Location of source; 2. Copies of lease agreements, pur chase orders, or Pit Agreemen ts the Contractor has made with the pit owner or Supplier; 3. Evidence of environmental Acc eptability, which includes the completed environmental and Cultural Resource requirements of Section 107 .14.1, “Environmental and Cultural Resour ce Studies and Approvals.” S uch evidence shall, where appropriate include the completed and Department A ccepted recommendations for environmental and Cultural Resource managem ent. Plans for restoration, including contouri ng and re-vegetation if necessar y; and, 4. Testing results from a Department-approved Laboratory. Upon request in writing from the Contractor, the Project Manage r may approve Materials at the source prior to delivery. The Project Manager may rejec t sources, or specific areas within sources, due to failure to provide Acceptable Materials or due to environmental, social, or cultural concerns. If the Project Manager determines that t he sources of previously Acceptable Materials do not produc e Acceptable Materials, the C ontractor shall provide Acceptable Materials from other sources, or make changes to the existing source to provide Acceptable Materials. No additi onal compensation or time shall be provided to the Contractor for unacceptable Materials or for developing alternate source l ocations. The Project Manager will notify the Contractor in writing with in ten (10) Days if its Material source is Acceptable. 106.2 SUPPLIER PLANT INSPECTION The Department may inspect Materials at the Supplier's plant. In this event, the Contractor shall: 1. Cooperate and ensure the cooperation of its Materials Suppli er; 2. Guarantee unrestricted entry (at reasonable times) to areas where the relevant Material is being manufactured or produced; 3. Arrange for the necessary facilities to be adequately inspec ted for the production or fabrication of the Material; and, 4. Ensure adequate safety measures are implemented for the insp ection. The Department may retest Materials, before or during use in th e Work, and reject Materials that, when retested, do not meet the requirements of the Contract, even if the Materials were tested and Accepted at the plant.
106.3 Samples, Tests, and Cited Specifications
The Department will perform tests in accordance with standards, methods, or Specifications, of the Project’s Contract. Unless otherwise sp ecified in the Contract, the Section 106: Control of Materials Page 50 Department will take samples and perform tests at its own expen se. Unless otherwise specified in the Contract, the D epartment will provide test res ults to the Contractor.
106.4 Certificates of Compliance
The Contractor shall submit Certificates of Compliance forms to the Project Manager before installing or incorporating Material in the Work, and sh all ensure each Certificate of Compliance contains all information in the Department current a pproved Certificate of Compliance form. Additionally, documentation required to verif y the information on the Certificate of Compliance form shall be submitted with the comp leted Certificate of Compliance form. Materials inspected and stamped during the manufacturing proces s by a representative of the Department will require the Certificate of Compliance fo rm. The Contractor may provide Material purchased in bulk or left o ver from previous Projects by submitting Certificates of Compliance forms for those Materials. Unless otherwise stated in the Contract, Materials not permanen tly incorporated into the Work will not require a Certificate of Compliance form. Unless requested in writing by the Project Manager, electric it ems meeting UL approval and underground utility Materials meeting ASTM or AWWA Specificatio ns that are so certified or stamped will not require a Certificate of Compliance form. 106.5 FOREIGN MATERIALS Unless otherwise specified in the Contract, the Contractor shal l deliver Materials manufactured outside the United States to approved locations wi thin the state, where they shall remain until sampling and testing are complete. The Cont ractor shall arrange for testing that the Department is not able to perform, at no additional co st to the Department, and shall test foreign Materials within the state in the presence of the Department. The Contractor shall provide a Certificate of Compliance for ea ch lot of foreign Material in accordance with Section 106.4, “Ce rtificates of Compliance;” an d, if required, provide with the Certificate of Compliance, certified MTRs for each lot, and cle arly identify to which lot they apply. For structural Material, the Department will only Accept Materi al from foreign and domestic manufacturers that hav e established adequate in-plant Quality Control to the satisfaction of the Project Manager. The Department will not A ccept structural Materials that do not have Certificates of Compliance and MTRs. The Project Manager may inspect the plant or require the Contra ctor to submit detailed written proof of adequate Quality Control.
106.6 Storage of Materials
The Contractor shall request from the Project Manager written a pproval to store Equipment or Materials within the ROW for the adequate executio n of the Work. The Contractor shall store Equipment and Materials to preserve qual ity and fitness, to protect against vandalism or theft, and to facilitate inspection. The Contractor shall be responsible for the replacement or repair of Materials affected by inadequate p rotection.
106.7 Handling and Transporting Materials
Section 106: Control of Materials Page 51 The Contractor shall handle Materials in a manner that preserve s the Acceptability for the Work. The Contractor shall ensure the transportation of Materi als is in accordance with state and federal regulations, and prevent leakage of, scattering of, or damage to Materials. Materials damaged or lost in transportation shall be deemed una cceptable and are not subject to payment by the Department.
106.8 Department-Provided Materials
Material provided by the Department will be made available to t he Contractor as specified in the Contract. The Contractor will be held responsible for a ll Department supplied Material when it takes physical possession of the Materials and until su ch time that the Materials are incorporated into the Work and Accepted.
106.9 Materials Designated By Trade Name
The Contract may require Materials or Equipment by trade or man ufacturers’ names. The Department will not Accept the substitution of Materials or Equipment when the Contract requires Materials or Equipmen t of specific trade or manufactur ers’ names.
106.10 Equipment and Material Guarantees and Warranties
The Contractor shall obtain and assign to the Department manufa cturer and producer guarantees or warranties for Materials and Equipment. The Contractor shall warrant, for six (6) months after Material or Equipment is inst alled and operational, that mechanical and electrical Equipment without a manufacturer or p roducer guarantee are free from defects or imperfections in workmanship and Materials. Th e Contractor shall repair malfunctions or defects that dev elop during the six-month perio d. The Contractor shall supply manuals for Equipment incorporated in the Work providing the following information: 1. Operational procedures; 2. Complete nomenclature; 3. Wiring diagrams; 4. Schematics showing test voltage and procedural methods; 5. Functional description of circuits; 6. Parts lists; 7. Cross-references to standard part numbers; 8. Names and addresses of sources for testing procedures where appropriate 9. Flow diagrams; and, 10. Other relevant data.
106.11 Safety Data Sheets (Sds)
The Contractor shall submit to the Project Manager the most cur rent SDSs for all Materials that require SDSs upon delivery of the Materials to t h e P r o j e c t . T h e S D S s h a l l conform to current Federal requirements in 29 C.F.R. § 1910.120 0 (g).
106.12 Buy America Requirements
The Contractor shall provide Materials in accordance with the B uy America Requirements in 23 C.F.R. § 635.410 on federal-aid Projects. The Contractor shall bear the burden of proof and the cost to s how the origin and place of manufacture of iron and steel products and Materials. Section 107: Legal Relations, Environmenta l Requirements, and Responsibilit y to the Public Page 53