106.01  Source of Supply and Quality Requirements.  Notify the Engineer of the proposed sources of supply before the delivery of materials.  The Engineer may approve materials at the source of supply before delivery.  If the proposed sources of supply cannot produce the specified material, then furnish materials from alternate sources without adjustment to the Contract Price or Completion Date.

106.02  Samples, Tests, and Cited Specifications.  The Engineer will inspect and determine whether the materials comply with the specified requirements before they are incorporated into the Work.  The Department may sample and test materials or require certifications.  Unless specified, the Department will pay for and test materials according to AASHTO, ASTM, or the methods on file in the office of the Engineer.  A qualified representative of the Department will take test samples according to Departmental procedures.  Read any reference to other specifications or testing methods to mean the version in effect at the pertinent Project Advertisement date.  All materials being used are subject to inspection, test, or rejection at any time before their incorporation into the Work.  The Department will furnish copies of the tests to the Contractor’s representative upon request.  Furnish the required samples and specified material certifications at no expense to the Department other than provided in 109.03.

Equip all transports and distributors hauling asphalt material with an approved submerged asphalt material sampling device.

106.03  Small Quantities and Materials for Temporary Application.  The Engineer may accept small quantities and materials for temporary application that are not intended for permanent incorporation in the Work.  The Engineer may accept these small quantities and materials for temporary application in either of the following cases:

A.     Where similar materials from the same source have recently been approved.

B.      Where the materials, in the judgment of the Engineer, will serve the intended purpose.

106.04  Plant Sampling and Testing Plan.  The Engineer may undertake the inspection of materials at the source.

In the event plant sampling and testing is undertaken, the Contractor and its material provider shall meet the following conditions:

A.     Cooperate and assist the Engineer with the inspection of materials.  Provide full entry to the Engineer at all times to such parts of the plant as may concern the manufacture or production of the materials being furnished.  Agree to all documentation and inspection requirements of the TE-24 plant sampling and testing plan.

B.      If required by the Engineer, arrange for the inspector to use an approved building on site.  The building should be located near the plant and independent of any building used by the material producer.

C.      Maintain and provide adequate safety measures at the plant at all times.

The Department reserves the right to retest all materials that have been tested and accepted at the source of supply before their incorporation into the Work.  After the approved materials have been delivered to the site, the Department may reject all materials that when retested do not meet the requirements of the Contract Documents.

106.05  Storage of Materials.  Properly store all materials to ensure the preservation of their quality and fitness for the Work.  The Engineer may re-inspect stored materials before their incorporation into the Work, even though they were approved before storage.  Locate stored materials to facilitate their prompt inspection.  The Contractor may use approved portions of the Project Right-of-Way for storage; however, if any additional space is required, the Contractor must provide it at the Contractor’s expense.  Do not use private property for storage purposes without written permission from the owner or lessee.  If requested by the Engineer, furnish copies of the written permission.  Restore all storage sites to their original condition at no expense to the Department.  The Contractor and property owner will hold the Department harmless from claims that may arise from their contract or permission statement.  This subsection does not apply to the stripping and storing of topsoil, or to other materials salvaged from the Work.

106.06  Handling Materials.  Handle all materials in such manner as to preserve their quality and fitness for the Work.  Transport aggregates from the storage site to the project site in vehicles constructed to prevent loss or segregation of materials after loading and measuring.  Ensure that there are no inconsistencies in the quantities of materials loaded for delivery and the quantities actually received at the place of operations.

106.07  Unacceptable Materials.  Unacceptable materials are all materials not conforming to the requirements of these Specifications at the time they are used.  Immediately remove all unacceptable materials from the project site unless otherwise instructed by the DCE.  The DCE must approve the use of previously identified unacceptable materials that have been corrected or repaired.  If the Contractor fails to comply immediately with any order of the DCE made under the provisions of this subsection, the DCE will have authority to remove and replace defective materials and to deduct the cost of removal and replacement from any monies due or to become due to the Contractor.

106.08  Department-Furnished Material.  Furnish all materials required to complete the Work, except when otherwise provided in the Proposal.

The Department will deliver the Department-furnished materials to the Contractor at the points specified in the Contract Documents.

Include the cost of handling and placing of all Department-furnished materials in the contract price for the contract item for which they are used.

The Department will hold the Contractor responsible for all material upon delivery of the materials to the Project site.  The Department will make deductions from any monies due the Contractor to make good any shortages and deficiencies, for any cause whatsoever, and for any damage that may occur after such delivery, and for any demurrage charges.

106.09  Steel and Iron Products Made in the united States.  Furnish steel and iron products that are made in the united States according to the applicable provisions of Federal regulations stated in 23 CFR 635.410 and State of Ohio laws, and ORC 153.011 and 5525.21.  united States” means the united States of America and includes all territory, continental or insular, subject to the jurisdiction of the united States.

A.      Federal Requirements.  All steel or iron products incorporated permanently into the Work must be made of steel or iron produced in the united States and all subsequent manufacturing must be performed in the united States.  Manufacturing is any process that modifies the chemical content; physical shape or size; or final finish of a product.  Manufacturing begins with the initial melting and mixing, and continues through the bending and coating stages.  If a domestic product is taken out of the united States for any process, it becomes a foreign source material.

B.      State Requirements.  All steel products used in the Work for load-bearing structural purposes must be made from steel produced in the united States.  State requirements do not apply to iron.

C.      Applications.

1.       When the Work is Federally funded both the Federal and State requirements apply.  This includes all portions of the Work, including portions that are not Federally funded.

2.       When the Work has no Federal funds, only the State requirements apply.

D.      Exceptions.  The Director may grant specific written permission to use foreign steel or iron products in bridge construction and foreign iron products in any type of construction.  The Director may grant such exceptions under either of the following conditions:

1.       The cost of products to be used does not exceed 0.1 percent of the total Contract cost, or $2,500, whichever is greater.  The cost is the value of the product as delivered to the project.

2.       The specified products are not produced in the united States in sufficient quantity or otherwise are not reasonably available to meet the requirements of the Contract Documents.  The Director may require the Contractor to obtain letters from three different suppliers documenting the unavailability of a product from a domestic source, if the shortage is not previously established.

F.      Proof of Domestic Origin.  Furnish documentation to the Engineer showing the domestic origin of all steel and iron products covered by this section, before they are incorporated into the Work.  Products without a traceable domestic origin will be treated as a non-domestic product.