106 CONTROL OF MATERIAL
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.
Areas
used to Store Materials shall conform to 107.10.
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
DCA. The DCA will
determine if unacceptance materials may remain
conforming to supplement
1102. The DCA 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 DCA made under the provisions of this subsection, the DCA 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.
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.
E. 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.
106.10 Qualified
Products List.
The Department may use Qualified
Product Lists (QPL) for approval of manufactured
materials. The Office
of Materials Management (OMM) will maintain the QPL and the standard procedure for the QPL process. Inclusion of a material onto the QPL will be determined by OMM with support from other Department
offices. To be kept on the QPL, manufacturers must recertify their material
according to the Department’s standard procedure by January 1 of each
year. When a material requires QPL acceptance, only provide materials listed on the QPL at the time of delivery of the material to the
project. Provide the Engineer documentation according to the Department’s
standard procedure that, at the time of delivery, the material provided is on
the QPL.