106Control of Materials

106.1-SOURCE OF SUPPLY AND QUALITY REQUIREMENTS: 106.1.1-Definitions: Unless the context in which used clearly requires a different meaning, as used in this section: “Aluminum and glass products” means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed from aluminum and glass. “Coating” means all processes that protect or enhance the value of a material or product to which it is applied, such as, but not limited to, epoxy coatings, galvanizing, and painting. “Construction material” means an article, material, or supply that is or consists primarily of non -ferrous metals, plastic and po lymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, or drywall. A “construction material” does not include an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. Items that consist of two or more of the listed materials that have been combined together through a manufacturin g process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, are treated as manufactured products and not as construction materials. “Domestic aluminum and glass products” means aluminum and glass products for which all manufacturing processes, including application of a coating, have occurred in the United States. “Domestic steel products” means steel products for which all manufacturing processes, including application of a coating, have occurred in the United States. “Federal-aid highway project” means highway construction, maintenance, and utility projects funded in whole or in part with Federal-aid funds. “Manufacturing process” means any process which modifies the chemical content, the physical size or shape, or the final finish of a material, including melting and mixing, rolling, extruding, machining, bending, grinding, drilling, and coating. “Manufacturing process” for construction materials means the final manufacturing process and the immediately preceding manufacturing stage for the construction material. “Manufacturing process” for steel and iron means any process which modifies the chemical content, the physical size or shape, or the final finish o f a material, including melting and mixing, rolling, extruding, machining, bending, grinding, drilling, and coating. “Material” means any tangible substance incorporated into a highway project. “Public Works” includes roads, highways, streets, bridges, sidewalks, sewage systems, buildings, engineering and architectural works, and any other structure, facility or improvement constructed or undertaken by the Division. “State contract project” means any erection or construction of, or any addition to, alteration of or other improvement to any building or structure, including, but not limited to, roads or highways, or the installation of any heating or cooling or ventilating plants or other equipment, or the supply of any materials for such projects, pursuant to a contract with the State of West Virginia for which bids were solicited. “Steel products” means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more of such operations, from steel made by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process. “United States” means the United States of America and includes all territory, continental or insular, subject to the jurisdiction of the United States. 106.1.2-State and/or Federal Use of Domestic Steel and Iron: Any steel or iron materials used for either Federal-aid highway and state contract projects shall be manufactured, including the applications of any coatings, in the United States and compliant with 23 U.S.C. 313 and 23 CFR 635.410, entitled “Buy America Requirements.” and compliant with Chapter 5, Article 19 and Chapter 5A, Article 3, Section 56 of the West Virginia Code, entitled the “West Virginia American Steel Act of 2001. Buy America requirements do not apply to non-ferrous alloy materials used to make steel or any raw materials (iron ore and alloys), scrap, pig iron, or processed, pelletized, and reduced iron ore. Buy America requirements do not apply to temporary elements not permanently incorporated into a project, such as falsework, temporary sheet piling, detour bridges and the like; temporary elements left in place at the Contractor’s convenience, unless the contract plans and specifications require steel or iron components (i.e. stay-in-place forms, ties for steel, sheet piling, etc.) or imply that the item be left in place; or items that are simply moved from one place to another within the same project. When steel or iron materials are used, the Contractor shall furnish a certificate of compliance which covers all materials and products involved, including those of any subcontractors and suppliers certifying compliance with Buy America requirements prior to the permanent incorporation of the materials into the project. The Division shall not authorize or make any payments to a Contractor not fully compliant with this requirement. Any payment made to any Contractor who did not fully comply with this requirement may be recovered by the Division. Any exception to Federal Buy America requirements for domestic steel and iron will be in accordance with MP 106.10.50 and shall be compliant with 23 U.S.C. 313 and 23 CFR 635.410 106.1.3-Preference for Domestic Aluminum and Glass Products: Any aluminum or glass products to be supplied in the performance of any contract or subcontract for the construction, reconstruction, alteration, repair, improvement, o r maintenance of public works or for the purchase of any item of machinery or equipment to be used at the sites of public works shall be manufactured in the United States and compliant with Chapter 5, Article 19 of the West Virginia Code . This requirement applies to all federal and state public works contracts, including state purchase order contracts; however does not apply to any State funded projects with a contract award amount of $50,000, or less. The Division shall not authorize or make any payments to a Contractor not fully compliant with this requirement. Prior to any payment, the Division shall require the Contractor to furnish a certificate of compliance which covers all materials and products involved, including those of any subcontractors and s uppliers. Any payments made by the Division to any Contractor who did not fully comply with this requirement may be recovered by the Division. 106.1.4-Use of Domestic Construction Materials: Any construction materials, as defined in Section 106.1.1, shall be manufactured in the United States and compliant with the “Infrastructure Investment and Jobs Act,” Section 70901-52, entitled the “Build America, Buy America Act.” Section 70901 -52, entitled the “Build America, Buy America Act” as implemented by the Office of Management and Budget (OMB) in the “Preliminary Guidance for Construction Materials” in OMB Memorandum M -22-11. No construction material may be used unless the manufacturing process for the manufacture of the construction material occurs in the United States. Buy America also applies to all projects within the scope of a finding, determination, or decision under the National Environmental Policy Act (NEPA), regardless of the funding source, if at least one contract within the scope of the N EPA decision is funded with Federal funding provided under Title 23. Buy America only applies to construction materials that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, removed at or before completion of the project. Nor does Buy America apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished projec t, but are not an integral part of or permanently affixed to the structure. When construction materials are used, the Contractor shall supply adequate documentation certifying compliance with Buy America requirements prior to the permanent incorporation of the materials into the project. Any exceptions to Buy America requirements for domestic construction materials will be in accordance with MP 106.10.50 and shall be compliant with the Build America, Buy America Act. 106.1.5-Exceptions: Any exceptions to state preference requirements for domestic aluminum, glass, and steel products will be in accordance with MP 106.10.50 and shall be compliant with Chapter 5, Article 19 and Chapter 5A, Article 3, Section 56 of the Wes t Virginia Code When foreign-made aluminum, glass, and steel products are used or supplied in compliance with an approved exception, the Contractor shall be responsible for providing procedures acceptable to the Division for determining that specificatio n requirements are met, including all inspections at no additional cost to the Division. The use of foreign-made products will not be reason for grant an extension of contract time. 106.2-LOCAL MATERIAL SOURCES: 106.2.1-Designated Sources: Possible sources of local materials may be designated in the contract documents. The quality of material in such deposits will be acceptable in general, but the Contractor shall determine for themselves the amount of equipment and work required to produce a material meeting the Specifications. It shall be understood that it is not feasible to ascertain from samples the limits for an entire deposit, and that variations 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 portions of the deposit as unacceptable. The Division may acquire and make available to the Contractor the right to take materials from the sources designated in the contract documents together with the right to use such property as may be specified, for plant site, stockpiles, and haul roads. 106.2.2-Contractor Furnished Sources: If the Contractor desires to use materials 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 sources shall be borne by the Contractor. The use of material from other than designated sources will not be permitted until representative samples taken by the Engineer have been approved and written authority is issued for the use thereof. When material deposits are not designated in the Contract, the Contractor shall provide sources of material acceptable to the Engineer. When sources of material or material deposits are provided by the Division, the Division will assume the cost of processing samples to determine the suitability of the material unless otherwise specified. Sites from which material has been removed shall, upon completion of the work, be left in a neat and presentable condition and shall be properly drained. U nless otherwise directed by the Engineer, they shall be seeded and mulched as provided in 652 without additional compensation. Where practicable, borrow pits, gravel pits, and quarry sites shall be located so they will not be visible from the highway. In accordance with the agreement between the Division of Highways and the Division of Environmental Protection, the Contractor cannot furnish material from borrow areas outside the right of way for any other public or private use. 106.3-SAMPLES: All materials will be inspected, tested and approved prior to incorporation into the work. Any work which incorporates materials prior to the above evaluation shall be performed at the Contractor's risk, and may subsequently be considered as unacceptable. Unless otherwise specified, the materials shall meet the applicable Standard or Interim Specifications of the American Association of State Highway and Transportation Officials, the Standard or Tentative Specifications of the American Society for Testing and Materials, or Standards adopted by other specifying agencies, with preference given in the same order in which the above agencies are listed. The specification which is current at the time of advertisement f or bids shall govern, except that, with the approval of the Engineer, subsequent revisions or adoptions may govern. All materials being used are subject to inspection, testing or rejection at any time prior to final acceptance of the completed work. The Contractor shall be responsible for the quality of construction and materials incorporated. When called for in the Specifications, the Contractor shall perform all necessary process control inspection, sampling and testing. All materials will be approved for acceptance through the Division's acceptance procedures. The Division has the exclusive right and responsibility for determining the acceptability of the construction and materials incorporated. The

purposes. Lot or sublot sizes will normally be designated. In the event that operational conditions cause work to be interrupted, or only partially completed before the lot size designated has been achieved, the lot or sublot may be redefined by the Engineer as being either the amount of work accomplished within the day or that work partially completed combined with the next lot or sublot of work. It is the intent of these Specifications that the number of s amples required to evaluate each lot or sublot will be unchanged even when the lot or sublot is redefined. When an acceptance plan is cited, it shall be in accordance with 106.3.1. 106.3.1-Acceptance Plans: 106.3.1.1-Percent Within Tolerance: The percentage of each lot or sublot of material, product, item of construction, or completed construction within the specified tolerances will be determined by the procedures as referenced by the specification requirements. When West Virginia AP-A is referenced, it will consist of Tables 106-1 to 106-5 inclusive, published in MP 106.00.20. 106.3.1.2-Sampling of Reworked Lots or Sublots: It is the intent of these Specifications that lots or sublots of materials, products, items of construction or completed construction meet specification requirements at the time of submission. Lots or sublots generally will not be resampled unless reworked before submission. Sampling after reworking will be at the expense of the Contractor. 106.4-PLANT INSPECTION: The Engineer may undertake the inspection of materials at the source. In the event plant inspection is undertaken, the following conditions shall be met:

producer with whom the Contractor has contracted for materials. ii. The Engineer shall have full entry at all times to such parts of the plant as may concern the manufacture or production of the materials being furnished. iii. Adequate safety measures are to be provided and maintained. The Division reserves the right to retest all materials, which have been tested and accepted at the source of supply, after the materials have been delivered to the project and prior to incorporation into the work and to reject all materials which, when retested, do not meet the requirements of these Specifications or those established for the specific project. 106.5-STORAGE OF MATERIALS: Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. Approved portions of the right-of-way may be used for storage purposes and for the placing of the Contractor’s plant and equipment, but any additional space required therefore must be provided by them at their expense. Private property shall not be used for storage purposes without written permission of the owner or lessee, and if requested by the Engineer, copies of such written permission shall be furnished. All storage sites shall be restored to their original condition by the Contractor at their expense. This shall not apply to the stripping and storing of topsoil, or to other materials salvaged from the work. Care shall be exercised to protect finished concrete surfaces from being stained from storing or placing materials, including but not limited to reinforcing bars or mesh or unpainted structural steel, on same. Any such material so stored shall be adequately protected from weather. Any stains resulting from storage of materials on finished concrete surfaces shall be removed by the Contractor at their expense. Aggregate stockpiles may be made on ground that is denuded of vegetation, hard, and well drained. If necessary, the ground shall be covered with two inch (50 mm) plank. Different kinds and sizes of ag gregates shall be kept separate during transportation, handling, and storage until batched. If necessary, partitions of suitable height and strength shall be constructed between stockpiles to prevent different materials from becoming mixed. Care must be taken to prevent segregation of the coarse and fine particles of aggregates from taking place during handling or hauling. The inclusion of foreign materials will not be permitted. Aggregates placed directly on the ground shall not be removed from the stockpiles within one foot (300 mm) of the ground until the final cleaning up of the work, and then only the clean aggregate will be permitted to be used. 106.6-HANDLING MATERIALS: All materials shall be handled in such manner as to preserve their quality and fitness for the work. Aggregates shall be transported from the storage site to the work in tight vehicles, so constructed as to prevent loss or segregation of materials after loading and measuring, in order that there may be no inconsistencies in the quantities of materials intended for incorporation in the work as loaded and the quantities as actually received at the place of operations. 106.7-UNACCEPTABLE MATERIALS: 106.7.1-Acceptance or Rejection: Following the application of the appropriate acceptance plan, the decision of the Engineer will be final as to the acceptance, rejection, or acceptance at an adjusted price of sampled lots or sublots. 106.7.2-Disposition of Lots or Sublots: Lots or sublots not conforming to specification requirements may be reworked or removed and replaced and resubmitted for acceptance. All nonconforming lots or sublots evaluated as unsatisfactory for the use intended shall be reworked or removed and replaced and re submitted for acceptance. When the evaluation indicates the lots or sublots may satisfactorily remain in place, acceptance will be an adjusted price as stated in the Specifications or as directed by the Engineer. 106.8-DIVISION-FURNISHED MATERIAL: The Contractor shall furnish all materials required to complete the work, except those specified to be furnished by the Division. Materials furnished by the Division will be delivered or made available to the Contractor at the points specified in the Contract. The cost of handling and placing all materials after they are furnished to the Contractor shall be considered as included in the contract price for the item in connection with which they are used. The Contractor will be held responsible for all material delivered to them, and deductions will be made from any monies due the Contractor to make good any shortages and deficiencies, from any cause whatsoever, and for any damage which may occur after such delivery, and for any demurrage charges. 106.9-SILENCE OF SPECIFICATIONS: The apparent silence of these Specifications, Supplemental Specifications, plans and Special Provisions as to any detail, or the apparent omission from them of a detailed description concerning any point shall be regarded as meaning that only material and workmanship of acceptable quality are to be used.