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General Provisions (00100-00999)

106CONTROL OF MATERIAL

RI · 2024 Standard SpecificationsBook pages 6163View official source ↗

1−47

4.To request changes to the Contract Documents.
5.To request additional cost or credit.
6.As routine written communications between the Department and the Contractor.
7.To reply to notices issued by the Department. 8. To clarify subcontract bid questions. 9. For any other purpose not listed in this Specification.
b.RFI Response. RFIs do not automatically justify a cost increase in the work or a change in the Project Schedule. Answered RFIs shall not be construed as approval to perform extra work. Responses from the Department will not change any requirement of the Contract Documents. If the Contractor believes that a response to an RFI will cause a change to the requirements of the Contract Documents, the Contractor shall immediately give written notice to the Engineer stating that the Contractor considers the response to require a Change Order. Failure to give such written notice immediately shall waive the Contractor’s right to seek additional time or compensation. The Contractor shall allow the Engineer 30 days review and response time for RFIs.

106.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS . Materials used on the work

shall meet all quality requirements of the Contract and the “Master Schedule for the Preparation of a Project Schedule for Sampling, Testing, and Certification of Materials. In order to expedite the inspection and testing of materials, the Contractor shall notify the Engineer of the proposed sources of materials prior to delivery. At the option of the Engineer, materials may be approved at the source of supply before delivery is started. If, after trial, it is found that sources of supply which have been approved do not produce a reasonably uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish materials from other sources. All materials shall be new unless otherwise specified in the Contract. No material which, after approval, has become unfit for use shall be employed in the work. The Department reserves the right to retest all materials which have been previously tested and accepted at the source of supply and delivered to the site. However, prior to incorporation into the work the Department may reject all such materials which, when retested, do not meet the requirements of these Specifications, or those established for the specific project.

a.Buy America Requirements for Domestic Steel and Iron Products . In accordance with the U.S. Code of Federal Regulations Title 23, only such permanently 1−48 incorporated steel materials as have been manufactured in the United States will be used on all projects. Bidders are advised that the Contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel materials.
1.Certification of Steel . All manufacturing processes of the steel material in a project (i.e., smelting, and any subsequent process which al ters the steel material’s physical form or shape or changes its chemical composition) must occur within the United States to be considered of domestic origin. This includes processes such as rolling, extruding, machining, bending, grinding, drilling and the applic ation of coatings, including iron.
2.Minimal Use of Foreign Steel . Section 635.410(b)(4) of Title 23 CFR permits a minimal amount of foreign steel to be incorporated into a Federal-aid project. This amount is defined as one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The cost of the foreign steel is defined as its value delivered to the project. The Contractor shall submit copies of paid in voices for the foreign steel and iron products.

106.02 LOCAL MATERIAL SOURCES . Possible sources of local materials may be

designated on the Plans and described in the Special Provisions. In general, the quality of material in such deposits will be acceptable. However, the Contractor shall determine the amount of equipment and work required to produce a material meeting the requirements of these Specifications. The Contractor shall understand that it is not feasible to ascertain from samples the limits for an entire deposit, and that va riations shall be considered as usual and are to be expected. The Engineer may order procurement of material from any portion of a deposit and may reject other portions of the deposit as unacceptable. The Department may acquire and allow the Contractor to take materials from sources designated on the Plans and/or as specified in the Special Provisions. The Department may also allow the Contractor to use such other property as may be specified, for plant site, stockpiles and hauling roads. If the Contractor desires to use material from sources other than those designated, the Contractor shall acquire the necessary rights to take materials from the sources and shall pay all costs related thereto, including any which may result from an increase in length of haul. All costs of exploring and developing such other sour ces shall be borne by the Contractor. The use of material from other than designated source s will not be permitted until representative samples taken by the Engineer have been approved and written authority is granted for the use thereof. When material deposits are neither described in the Special Provisions nor designated on the Plans, the Contractor shall provide sources of material acceptable to the Engineer. When sources of material or material deposits are provided by the Contractor, the Department will assume the cost of processing samples to determine the suitability of the material. 1−49 Sites from which material has been removed shall, upon completion of the work, be left in a neat and presentable condition.

106.03 SAMPLES, TESTS, CITED SPECIFICATIONS . Materials will be inspected, tested and

accepted by the Engineer before incorporation in the work. Work in which untested and unaccepted materials are used without approval of the Engineer shall be performed at the Contractor's risk. No payment will be made for materials found to be unacceptable and/or unauthorized. Unless otherwise designated, tests in accordance with the cited current standard methods of AASHTO, ASTM or other organizati ons used by the Department will be made by, and at the expense of the Department. Samples will be taken by a qualified representative of the Department. Materials being used are subject to inspection, test or rejection at any time prior to incorporation into the work. Copies of all tests will be furnished to the Contractor's representative upon request. Whenever there is an AASHTO designation followed by an ASTM designation, the AASHTO designation will govern when there are minor differences between the two specifications. 106.04 CERTIFICATION OF COMPLIANCE . The Engineer may permit use, prior to sampling and testing, of certain materials or assemblies accompanied by Certificates of Compliance, stating that such materials or assemblies fully comply with the requirements of the Contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a Certificate of Compliance and clearly identified. Materials or assemblies used on the basis of Certificates of Compliance may be sampled and tested and if found not in conformity with Contract requirements will be subject to rejection whether in place or not. The form and distribution of Certificates of Compliance shall be as approved by the Engineer. The Engineer is authorized to refuse permission for use of materials or assemblies on the basis of Certificates of Compliance. Unexpired Warranties. If the Contractor is furnished a warranty at the time of purchase of any product or material and the warranty has not expired at the time of acceptance of the work by the State, the warranty shall then be turned over to the State.

106.05 PLANT INSPECTION . The Engineer may undertake the inspection of materials at the

source. Manufacturing plants may be inspected for compliance with specified manufacturing methods. Material samples will be obtained for laboratory testing for compliance with materials quality requirements. This may be the basis for acceptance of manufactured lots as to quality.

Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 6163 of 826.