SECTION 106 — CONTROL OF MATERIAL — CONTROL OF MATERIAL
106.01 Certification of Materials.
All materials used in the Work shall meet all requirements of the Contract, including the requirements of the “Master Schedule of Testing (MST) for the Preparation of a Project Schedule for Sampling, Testing, and Certification of Materials.” All materials are subject to inspection, which includes acceptance sampling and testing, by the Engineer. Results of testing performed by the Contractor shall not substitute for acceptance testing, and shall only be used by the Contractor for Quality Control purposes. All materials shall be new. The Department reserves the right to re -inspect any materials at any time before issuing Final Acceptance. Buy America Requirement – for Federal-Aid Projects. The Contractor shall perform the Work pursuant to 23 USC et seq., Buy America, and Title 23 of the Code of Federal Regulations, Buy America requirements, the current version, as amended.
106.02 Inspection, Sampling, and Testing.
Before any Department sampling and testing for acceptance, the Contractor shall perform all inspection, sampling and testing for quality control (QC) as required by the Contract, and as needed to meet the P roject Specifications. The Contractor shall not rely on any Department testing results for controlling its operations and processes. The Department will perform all inspection, sampling, and testing for acceptance and will not use Contractor QC test results for acceptance. Upon request by the Contractor, copies of acceptance inspection, sampling and testing information, including test results, will be provided by the Department. Work and/or material may be inspected, sampled, and tested for acceptance by the Department at any time before, during, or after incorporation into the Project including up to the time of inspection of Final Acceptance punch list items. All inspection, sampling, and testing of Work and/or materials shall be performed by qualified personnel and Laboratories, according to the most current specified standards of AASHTO, ASTM, or other organizations adopted or approved by the Department. Additionally, for Federal- aid Projects, this work will be performed according to Title 23 of the Code of Federal Regulations
Part 637 — , Construction Inspection and Approval. When there is an AASHTO designation followed
by an ASTM designation, the AASHTO designation will govern when there are minor differences between the two standards. The Department will determine the extent and manner for sampling and testing Work where standard test procedures are not specified or applicable.
106.03 Certificates of Compliance, Warranties, and Guarantees.
The Engineer may permit the use, before sampling and testing, of certain materials or assemblies accompanied by Certificates of Compliance (CoC), signed by the manufacturer, that certify that each manufacturer’s lot of identified manufactured materials or assemblies complies with the
Part 100 — General Requirements and Covenants August 2025
SECTION 106 — CONTROL OF MATERIAL 100-65 requirements of the Contract. Each CoC shall contain a list of the specific Contract provisions being certified. The Contractor shall not incorporate the materials or assemblies in the Work before acceptance of the CoC by the Engineer. If requested by the Engineer, the Contractor shall provide copies of the manufacturer’s documentation used to substantiate the CoC. The Engineer reserves the right to reject any product solely on the basis of an inadequate CoC. The Engineer reserves the right to perform its own inspection, sampling, and testing for acceptance of any product, regardless of whether accompanied by a CoC, all according to 106.02. If the manufacturer provides the Contractor with a warranty or guaranty for the materials or assemblies that have not expired at the time of Final Acceptance, then the warranty or guaranty shall then be transferred to the Department.
106.04 Plant Inspection.
The Engineer may inspect the Contractor’s plant or production facilities and operations. The Engineer may obtain material samples for determining compliance with the requirements of the Contract. Acceptance or rejection of plant or production facilities and operations may be based on visual inspection and/or records. When the Engineer inspects the plant or production facilities and operations, the following conditions shall apply: • The Contractor and plant operator shall cooperate with the Engineer and provide assistance as requested at no additional expense to the Department. • The Contractor and plant operator shall provide the Engineer access to those parts of the plant or production facilities and operations where storage, manufacture, or production occurs. • The Contractor and plant operator shall provide and maintain for the Engineer’s use at the plant or production facilities all personal protective equipment and other safety measures as necessary and as required by OSHA.
106.05 General Storage of Materials On Site.
To ensure the preservation of the quality and fitness for the Work, materials shall be stored according to the requirements of the Contract including but not limited to the manufacturer’s recommendations. Stored materials, even though approved before storage, may again be inspected before their use in the Work. Materials shall be stored to facilitate inspection by the Engineer. All costs associated with this shall be at the sole expense of the Contractor. The following applies to the location of stored materials and equipment.
Part 100 — General Requirements and Covenants August 2025
100-66 SECTION 106 — CONTROL OF MATERIAL stored within specified areas only with written approval by the Engineer. Materials stored in these locations shall be removed within 14 calendar days.
106.06 Handling Materials.
Materials shall be transported to prevent loss, damage, or segregation after loading and measuring.
106.07 Materials Not Within Contract Requirements.
Any material used in the Work that fails to meet the Contract requirements shall be corrected to conform to the Contract requirements or removed and replaced at the Contractor’s expense. If the Engineer determines removal or replacement of the material would compromise the integrity of the Work performed, pay factors will be applied.
Part 100 — General Requirements and Covenants August 2025
SECTION 106 — CONTROL OF MATERIAL 100-67
106.08 State-Furnished Material.
The Contractor shall be responsible for all materials delivered or made available. Deductions will be made from any monies due the Contractor for shortages, deficiencies, other causes, and damage that may occur after delivery. Demurrage charges, resulting from the Contractor's failure to accept the material at the designated time and point of delivery, will also be deducted from monies due the Contractor.
Control of Material in other states
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