Effective with the December 20 18 Letting 26 2019 Standard Speci fications Section 105 Control of the Work 105.1 Engineer's Authority (1)The engineer decides all questions regarding:
1.Interpretation of the contract.
2.T he quantity, quality, and acceptability of materials furnished and work performed.
3.Rate of progress of the work.
4.Payment, contract administrat ion, and the ac ceptable fulfillment of the contract.
5.Disputes.6. Mutual rights under the contract. (2)The engineer may suspend the work in writing for any reaso n at any time during the contract. Except as specified in 104.2.2.3 for engineer-ordered suspensions, the de partment will allow no additional payment or time extension due to a suspension of work. (3)The engineer will determine estim ated quantities for prog ress payments as specified in 109.6 . 105.2 Supplemental Plans and Drawings Revise 105.2 to incorporate fabri cation library electronic submittal requirements for specified structures. 105.2.1 General (1)Submit to the engineer supplement s to the approved contract plan s, shop drawings, and the computations necessary to contro l the work. Do not change the a pproved contract plans without the engineer's written authorization. (2)If sufficient detail is not pro vided on the structure plans pr oduced by the departm ent, submit t o the engineer plans, shop drawings and the computations required to successfully prosecute the work. (3)If required in the cont ract, submit plans fo r temporary struct ures, cribs, cofferdams , fals ework, shoring, and form work. Ensure that these plans and accompanying drawing s and computations are signed and sealed by a professional engineer registered in the state o f Wisconsin. (4)Include a transmittal letter with each submittal made under 10 5.2. Indicate on shop drawin gs all deviations from the contract dra wings and itemize these deviati ons in the transmittal letter. The department will file and may revi ew these submittals. The department’s review does not relieve the contractor of the responsibility for obtaining satisfactory res ults, for the accuracy of dimensions and details, or for conformity of thes e drawings with the contract. The contractor may begin work on associated items without t he department's review. (5)Include the cost of furnishing all shop drawings in the unit p rice for one or more asso ciated bid item. 105.2.2 Fabrication Library Submittals (1)If specific contract provisions require submittals under 105.2. 2, also chec k and electronically submit shop drawings and computations to the department’s fabrication library a minimum of 2 weeks before the start of fabrication. Conform to the fabrication library su bmission standards. Procedures for accessing the fabrication library are located at: https ://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/strct/fab-sharepoint.aspx 105.3 Con formit y with the Con tract 105.3.1 General (1)Perform all work the contract specifies. Produce quality work within limits of precision reasonably expected of good construction. Pr oduce work conforming to the lines, grades, cross-sections, dimensions, and material requireme nts the contract specifies or the engineer establishes. Monitor construction operations to identif y potential unacceptable work as defined in 101.3 . Promptly remove and replace, or otherwise correc t, unacceptable work at no expe nse to the department. (2)The contractor may request a plan dimension change between US standard and SI metric dim ensions for a portion of the work. The engineer will only consider this dimension change if the modified work is essentially equivalent to the spec ified work. The department wi ll pay for this modifi ed work as specified in item 4 of 109.1.1.1(2) . Do not proceed with the modi fied work without the engineer's written permission. (3)The contract may specify specif ic values with allowable tolera nces, ranges , minimums, or maximums. Control operations to p roduce work that falls within the specif ied tolerance or r ange, falls above a specified minimum, or falls bel ow a specified maximum. If the c ontract does not specify a tolerance, range, minimum, or maximum value , control operations to produce work conforming to the contract within accepted manufacturing or c onstruction industry standard s. Effective with the December 2018 Letting 27 2019 Standard Speci fications (4) The contract may specify standar d manufactured items such as fences, wire, plates , rolled shapes, pipe conduit, etc. If these items ar e identified by gauge, unit weight, section, dimensions, etc., these identifications are nominal weights or dimensions. 105.3.2 Nonconforming Work 105.3.2.1 Engineer-Accepted Nonconforming Work
1.If the work does not conform to the contract, the engineer wil l determine the circumstances under which that nonconforming work may be accepted and allowed to re main in place. The engineer will document the basis of acceptance and may execute a contract change order to adjust the contract unit prices for the nonconformi ng work. If the contract does no t specify a price adjustment, the engineer may adjust the price. 105.3.2.2 Unacceptable Work
1.The engineer will issue a written order to remove and replace or otherwise correct nonconforming work that the engineer deems unacceptable, as defined in 101.3 . If the contractor does not comply with the engineer's written order , the engineer may effect a re medy and deduct t he cost from payments due the contractor. 105.3.2.3 Unauthorized Work
1.Unauthorized work is work performed as follows:
1.Without the lines and grades being given.
2.Beyond the lines and grades t he contract shows or the engin eer provides.
3.Without the engineer's prior approval.
4.After the inspector has temporarily suspended the work in w riting as specified in 105.8 .
5.In violation of a written direction the engineer issues.
2.The department may elect to not measure or pay for unauthorize d work. The engineer may issue a written directive to remove unaut horized work at no expense to the department. If the contractor does not comply with the engineer's wri tten directive, the engineer may remove unauthorized work and deduct the cost from payment s due the contractor. 105.4 Coordination of the Contract Documents
1.All documents included under t he definition of contract in 101.3 are essential parts of the contract. A requirement occurring in one is binding as though occurring in all. These documents provide for and describe the complete contract. T hese documents are available t o the contractor at no cost.
2.During the progress of the wo rk, the contractor may request th at the engineer interpret or provide information relative to the contract.
3.If there is a discrepancy between documents, the governing ord er is as follows:
1.Addenda.
2.Special Provisions.
3.Plans.
4.Additional Special Provisions.
5.Standard Specifications.
4.If there is a discrepancy on a drawing, the drawing dimensions , unless obviously incorrect, govern over scaled dimensions. If there is a discrepancy in the plans, the typical sections or details govern over the standard detail drawings.
5.Neither the contractor nor t he department may take advantage o f an error or omission in the contract. Notify the engineer immediately as specified in 104.3 upon discovering an error or omission. The engineer will offer an interpretation and make the necessary co rrections. 105.5 Coordination with the Contractor 105.5.1 Contractor Obligations
1.Give the work the constant att ention necessary to promote the progress of the work. Promptly supply the materials, tools, plant, equipment, labor, and incidental i tems required to perform the work.
2.Cooperate with the engineer and with third parties engaged upo n or near the work. If the department grants a third party a permit to do utility work , the engineer may issue a change order directing the contractor to make or repair required roadway openings. The dep artment will pay the contractor as specified in 104.2 for extra work.
3.Maintain one copy each of the plans and specifications at the site of work at all times. The engineer will supply the contractor with copies of the contract. If the department has electronically computed Effective with the December 2018 Letting 28 2019 Standard Speci fications estimated grading quantities, t he department will furnish that information to the contractor upon request.
4.Supervise and direct the work c ompetently and efficiently. Dev ote the attention a nd apply the expertise necessary to perform the work as the contract specifies. Monito r the work in progre ss to ensure that the work conforms to the contract. The contractor is solely res ponsible for the means, methods, techniques, sequences, and procedures of construction. The cont ractor is not responsible for the negligence of others in the desi gn or specification of specific means, methods, techniques, sequences, or procedures of con struction descri bed in and expre ssly required under the contract.
5.Employ a competent superintendent or designate a representativ e capable of reading and understanding the contract and ex perienced in the type of work being performed. The superintendent or designated representative shall be the authorized agent of the contractor and shall have full authority to execute the engineer’ s directions or instructions without delay. Ensure that the superintendent or designated representative is on the project o r accessible to the engineer during all hours of each work day. Notify t he engineer promptly when repla cing the superintendent or designated representative. 105.5.2 Cooperation Between Contractors
1.The department may, at any time, c ontract for or perform other work on or near the work covered under the contract. Cooperate with other c ontractors engaged up on or near the work.
2.The contractor shall , or the engineer may , direct the contract or to:
1.Schedule and conduct the work to avoid interference with th e operations of other contractors engaged upon or near the work.
2.Perform the work in the pr oper sequence in relation to that of other work in the area.
3.Join the work to that of other s in a manner consistent with accepted manufacturing or construction industry practices.
4.Conduct operations and maintain the work so that adequate drainage is provided at all times.
3.The contractor is responsible for damage done by the contracto r or the contractor’s agents to work performed by other contractors. The engineer will resolve disputes between 2 or more contractors, engaged upon or near the work, re garding the rights of each und er their respective contracts. 105.6 Construction Staking 105.6.1 General
1.The department is responsible for errors or discrepancies foun d in previous department surveys, plans, specifications, special p rovisions, or work constructed under other department contracts. The department will pay for further stu dies and redesign required d ue to these errors or discrepancies.
2.The department will furnish and set original horizontal and ve rtical control points the plans show. Prosecute the work using these points for field control. The de partment is responsible for the accuracy of lines, slopes, and grades it provides. The engineer and contractor shall agree on the meaning of all stakes, measurements, and marks before the contractor begins wo rk. 105.6.2 Contractor Staking
1.Provide and maintain the horizontal and vertical control, cons truction stakes, and marks needed to prosecute the work as follows:
1.Staking required under 650 to lay out and construct the work for the individual construct ion staking bid items the contract includes.
2.Additional horizontal and vertical control, staking, and ma rkings that might be needed to support the contractor's specific method of operations.
3.Other staking or markings as required to successfully prose cute the work. Provide documentation to the engi neer describing the location o f and methods used to establish and modify the contractor's horizont al and vertical field control n etwork throughout construction.
2.The contractor is responsible for the accuracy of lines, slope s, and grades the contractor provides. Construct the work conforming to the lines, grades, cross-secti ons, and dimensions the contract specifies or the engineer establishes.
3.Notify the engineer immediatel y when finding errors or discrepancies in previous surveys, plans, specifications, special provisio ns, or work constructed under other contracts. Suspend related operations until the engineer gives approval to proceed.
4.The engineer may check the contro l of work, as established by the contractor, at any time. The engineer will provide the results of these chec ks to the contra ctor, but by doing so in no way relieves the contractor of the responsibility for the accuracy of their layout work. Effective with the December 2018 Letting 29 2019 Standard Speci fications (5) Correct or replace deficient l ayout and construction work resu lting from:
1.Inaccuracies in the cont ractor’s staking operations
2.Inaccuracies in the contract or's horizontal or vertical fie ld control network.
3.Not reporting inaccuracies found in work done by the depart ment or by others.
6.If, due to the inaccuracies in 105.6.2(5) , the department is required to m ake further studies, redesign, or both, the department will deduct all expenses incurred from the payment due the contractor. 105.7 Authority and Duties of Project Engineer
1.As the engineer’s direct representative, the project engineer has immediate charge of the engineering details of each constr uction project. The p roject engineer is r esponsible for field administration of the project. The engineer authorizes the project engineer to reject defective material and to suspend all work being improperly performed. The engineer may delegate additional authority, granted under 105.1 , to the project engineer. 105.8 Authority and Duties of Inspectors
1.As the engineer's authorized repr esentatives, inspectors may inspect all work done and all materials furnished.
2.The department authorizes inspectors to:
1.Call the contractor’s attention to work or materials that d o not conform to the contract.
2.Reject materials until the engineer is notified and decides all questions at issue.
3.Temporarily suspend work, in writing, until the engineer is notified and decides all questions at issue.
3.The department does not authoriz e inspectors to do the following unless the engineer specifically delegates:
1.Revoke, alter, or waive any requirements of the contract.
2.Approve or accept any portion of the completed project.
3.Act as foreperson or perform other duties for the contracto r.
4.The engineer may delegate additional authority to the inspecto r. 105.9 Inspecting Work
1.The engineer may inspect, at any time, all materials and all p arts of the work. This inspection may include the preparation, fabrication, or manufacture of materia ls or components on or off the project site. Allow the engineer safe ac cess to all parts of the work. Furnish the information and assistance needed to make a complete inspection.
2.If the engineer requests, uncover or remove portions of finish ed work for inspection . After inspection, restore that work to the cont ract requirements. If the departme nt finds the work acceptable, the department will pay for uncovering, removing, and restoring tha t work as extra work. If the department finds the work unacceptable, the contractor shall pay for uncov ering, removing, and restoring that work.
3.Failure to reject defective wor k or materials does not prevent the department from rejecting defective work discovered later.
105.10 (Vacant)
105.11 Inspection and Acceptance 105.11.1 Partial Acceptance
1.Upon completion of a portion o f the work, the contractor may request partial acceptance of that work. The engineer will conduct an insp ection to determine if the contractor has satisfactorily completed operations in that area. Within 5 business days , the engineer w ill grant, in writing, partial acceptance for that portion of the work or reject the contractor's request . If the engineer grants partial acceptance, the engineer will designate, in wr iting, what portion of the wo rk is partially accepted and the effective date for that partial acceptance.
2.Partial acceptance will relieve the contractor o f maintenance responsibility for the designated portion of the work. By relieving the c ontractor of maintenance, the department does not relieve the contractor of responsibility for defective w ork or damages caused by the c ontractor’s operations. Do not construe partial acceptance to be conditional final acceptance or final acceptance of any par t of the project, or a waiver of any legal rights specified under 107.16 . Effective with the December 2018 Letting 30 2019 Standard Speci fications 105.11.2 Project Acceptance
105.11.2 1 Inspection
105.11.2 1.1 General
1.Notify the engineer when the proj ect is substantially complete as defined in 105.11.2.1.3 . As soon as practicable, the engineer will in spect the work and categorize it as one of the following:
1.Unacceptable or not complete.
2.Substantially complete.
3.Complete.
105.11.2 1.2 Unacceptable or Not Complete
1.The engineer will identify, in wr iting, work that is unaccepta ble or not complete. Immediately correct or complete that work. The engineer will assess contract time unti l the work is corrected or completed.
2.Proceed as specified in 105.11.2.1.1 until the engineer determines that the work is complete.
105.11.2 1.3 Substantially Complete
1.The project is substantially c omplete and the engineer will no longer assess contract time if the contractor has completed all contract bid items and change orde r work, except for the punch list. As applicable, the following must have occurred:
1.All lanes of traffic are open on a finished surface.
2.All signage and traffic cont rol devices are in place and op erating.
3.All drainage, erosion contro l, excavation, and embankments are completed.
4.All safety appurtenances are completed.
2.The engineer will provide a written punch list enumerating wor k the contractor must perform and documents the contractor must subm it before the engineer will categorize the work as complete.
1.Punch list work includes uncompleted cleanup work required under 104.9 and minor corrective work. Immediately correct or complete the punch list work. The engine er may restart contract time if the contractor does not complete t he punch list work within 5 busin ess days after receiving the written punch list. The engineer and contractor may mutually agree to extend this 5-day requirement.
2.Punch list documents incl ude whatever contract required doc umentation is missing. The engineer may restart contract time if the cont ractor does not submit the punch list documents within 15 business days after receiving the written p unch list. The engineer and contra ctor may mutually agree to extend this 15- day requirement.
3.Proceed as specified in 105.11.2.1.1 until the work is complete.
105.11.2 1.4 Complete
1.The project is complete when t he contractor has completed all contract bid items, change order work, and punch list work including t he submission of all missing doc umentation.
105.11.2 2 Conditional Final Acceptance
1.When the engineer det ermines that the project is complete, the engineer will give the contractor written notice of conditional fi nal acceptance relieving the contractor of maintenance responsibility for the completed work.
105.11.2 3 Final Acceptance
1.The engineer will grant final acceptance of the project after determining that all contract work is complete; all contract, materials , and payroll records are revi ewed and approved; and the semi-final estimate quantities are final under 109.7 .
2.Failure to discover defective work or materials before final a cceptance does not prevent the department from rejecting that work or those materials later. T he department may revoke final acceptance if the department discovers defective work or materi als after it has accepted the work.
105.12 (Vacant)
105.13 Claims Process for Unresolved Changes 105.13.1 General
Revise 105.13.1 to add a reminder that a claim may be avoided if a 3rd party advisory opinion is sought under 104.3.6.
1.Before submitting a claim, the department and contractor can mutually agree to have the department get a third-party advisory opinion as specified in 104.3.6.
2.The department and contractor c an mutually agree to extend any time frame specified throughout
105.13 and can mutually agree to u tilize an alternate dispute r esolution method at any point before the
department renders its final decision. Effective with the December 2018 Letting 31 2019 Standard Speci fications (3) The department and contractor sha re costs related to referral to a dispute review board (DRB) as prescribed in the department's d ispute resolution procedures.
105.13.2 Notice of Claim
1.If the contractor has followed the procedures for revising the contract specified in 104.2 and provided the notification specified in 104.3 , but still disagrees with the project engineer, the contractor may pursue the issue as a claim. File a notice of claim with the pr oject engineer concerning the disagreement within 14 calendar days of receiving the project engineer’s decision under 104.3.6(1) or 104.3.6(3) whichever comes last. Update t he previously submitted informat ion if something has changed that may affect the project engineer’s previous decisio n.
2.The project engineer may deny the applicable portion of a claim if the contractor does not do the following:
1.File the notice of claim within 14 calendar days as specifi ed in 105.13.2(1) .
2.Give the project engineer s ufficient access to keep a record of the actual labor, m aterials, and equipment used to perform the claimed work.
3.Upon filing the notice of claim, maintain records as specified for force account statements in 109.4.5.1(3) . Unless the project engineer iss ues a suspension, the contract or shall continue to perform the disputed work. The departmen t will continue to make progres s payments to the contractor as specified in 109.6 .
105.13.3 Submission of Claim
1.Submit the claim to the project engineer as promptly as possib le following the submission of the Notice of Claim, but not later than final acceptance of the project as specified in 105.11.2.3 . If the contractor does not submit the claim before final acceptance of the projec t, the department will deny the claim.
105.13.4 Content of Claim
1.Include the following 5 items in the claim.
1.A concise description of the claim.
2.A clear contractual basis for the claim. This should include reference to 104.2 on revisions to the contract and as appropriate, specific reference to contract language reg arding the bid items in question.
3.Other facts the contractor r elies on to support the claim.
4.A concise statement of the ci rcumstances surrounding the cl aim and reasons why the department should pay the claim. Explain how the claimed work is a change to the contract work.
5.A complete breakdown of the costs used to compile the claim . Include copies of all EquipmentWatch equipment rental rate sheets us ed, with the applicable number h ighlighted.
2.The department may refer the claimant of a false claim to the appropriate authority for criminal prosecution. Certify the claim using the following form: The undersigned is duly authoriz ed to certify this claim on behalf of (the contractor). (The contractor) certifies tha t this claim is made in good fait h, that the supporting data are accurate and complete to the best of (the co ntractor's) knowledge and belief, and that the amount requested accurately reflects the contra ct adjustment for which (the cont ractor) believes that the department is liable. (THE CONTRACTOR) By:_____________________________________ (Name and Title) Date of Execution:_________________________
105.13.5 Review by the Region
1.In the initial review phase, the contractor and the region wil l have up to 28 calendar days, from the contractor's submission of the claim, for the contractor to sub mit all additional information required and for the region to review the cl aim and conduct all meetings. Th e region may request, in writing, that the contractor submit additional information related to the claim. The contractor shall submit that additional information, or notify the regi on in writing to base its decisi on on the information previously submitted. Either party may request a meeti ng to present their views. Befo re the meeting, the region will distribute written ground rules for the meeting to both parties.
2.Upon completion of the initial review phase, t he region will n otify the contractor in writing that it has begun the decision phase.
3.In the decision phase, the regi on will have up to 28 calendar days to render a written decision. The region will consider both partie s' written and oral submissions and may consider other relevant information in the project records. The region w ill provide the following in its decision: Effective with the December 2018 Letting 32 2019 Standard Speci fications 1. A concise description of the claim.
2.A clear, contractual basis fo r its decision that includes a reference to 104.2 on revisions to the contract and as appropriate, specific referen ce to language regarding the bi d items in question.
3.Other facts the region relie s on to support its decision.
4.A concise statement of the ci rcumstances surrounding the cl aim and reasons for it s decision. If the region rejects the claim in whole or i n part, the region will explain why the claimed work is not a change to the contract work.
5.The amount of money or other relief, if any, the region wil l grant the contractor.
4.In the appeal phase, t he contractor will ha ve up to 28 calenda r days from the date of the region's decision to appeal to the bureau . If the contractor does not su bmit a written appeal to the region within those 28 days, the region’s decision is final. If the region do es not render a decision within the 28 calendar days specified in 105.13.5(3) , the region will forward the cl aim to the bureau as if the reg ion had rejected the contractor’s claim.
105.13.6 Review by the Bureau
105.13.6 1 General
1.The bureau will act on claims e ither appealed or forwarded fro m the region level. The region will forward the claim to the bureau and give the bureau all documents and evidence regarding the claim previously submitted to the r egion. The department will do one of the following: - Proceed with the bureau's review. - Waive the bureau's review and refer the claim directly to the review panel. - If the department and contractor mutually agree to a third-party review, refer the claim to a neutral third- party DRB for review according to the department’s dispute reso lution procedures.
105.13.6 2 Bureau Review
1.In the initial review phase, the contractor and the region wil l have up to 28 calendar days, from the date of the appeal, to submit all additional information required to review the claim and to conduct all meetings. The bureau may request, in writing, that the contract or submit additional information related to the claim. The contractor sha ll submit that additional infor mation, or notify the bureau in writing to base its decision on the information previously submitted. Eith er party may request a meeting to present their views. Before the meeting, the bureau will distri bute written ground rules for the meeting to both parties.
2.Upon completion of the initial review phase, the bureau will n otify the contractor i n writing that it has begun the decision phase.
3.In the decision phase, the bureau will have up to 28 calendar days to render a written decision. The bureau will consider both partie s' written and oral submissions , and may consider other relevant information in the project records. The bureau may affirm, over rule, or modify, in whole or in part, the region's decision.
4.In the appeal phase, t he contractor will ha ve up to 28 calenda r days, from the date of the bureau's decision, to appeal to the review panel. If the cont ractor does not submit a written appeal to the bureau within those 28 days, t he bureau's decision is final. If the bureau does not render a decision within the 28-day per iod specified in 105.13.6.2(3) , the bureau will forward the claim to the review panel as if the bureau had reject ed the contractor’s claim.
105.13.6 3 Referred to Review Panel
1.At any point in the bureau's re view the department may unilate rally refer the claim directly to the review panel.
105.13.6 4 Referred to Dispute Review Board
1.Either the department or the cont ractor may request in writing that the claim be referred to a neutral third party. The requesting par ty shall provide that request to the other party within 14 calendar days of the bureau's receipt of the claim from the region. The other party shall respond in writing by either accepting or rejecting the reque st within 14 calendar days of t heir receipt of the request.
2.If the request for third-party review is reje cted, the bureau will proceed with their review.
3.If the request for third-party review is accepted, the bureau will give the third party all documents and evidence regarding the claim pr eviously given to the bureau. The third party may request that the contractor and the region submit additional evidence or documen ts related to the claim. The third party will consider both parties' wri tten and oral submissions, and may consider other relevant information in the project records. The third party will review the claim and render a written recommendation. Effective with the December 2018 Letting 33 2019 Standard Speci fications (4) The third-party recommendation is not binding on either party. The department and the contractor shall respond, in writing to each other , either accepting or rejecting the third party's recommendation within 14 calendar days of their re ceipt of the recommendation.
5.Upon expiration of the 14 calend ar days allowed for a response to the third-party recommendation, the bureau has 28 calendar days to render a written decision that d oes one of the following: - Confirms the third-party recommendation. - Overrules the third-party recommendation. - Modifies, in whole or in par t, the third-party recommendation .
6.If if the contractor disagrees with the bureau' s decision, the contractor has 28 calendar days from receipt of that decision to appeal to the review panel. If the contractor does not file a written appeal within those 28 calendar days, the bureau's decision is final. If the bureau does no t render a decision within the 28-day per iod specified in 105.13.6.4(5) , the bureau will forward the claim to the review panel as if the bureau had reject ed the contractor’s claim.
105.13.7 Review Panel
105.13.7 1 General
1.The review panel will act on claims either appealed or forwarded from the bureau level. The bureau will forward the claim to the review panel along with all docum ents and evidence regarding the claim previously given to the bureau. T he department will do one of t he following: - Proceed with the review panel review. - If either the department or cont ractor request a third-party review and no formal third-party review was conducted at the bureau level, r efer the claim to a neutral third-party DRB for review according to the department’s dispute resolution procedures.
105.13.7 2 Review Panel Review
1.The review panel may request tha t the contractor and the regio n submit additional evidence or documents related to the claim. The review panel will consider both parties' written and oral submissions, and may consider o ther relevant information in the project records.
2.The review panel will conduct a hearing with the contractor an d the region. Before the hearing, the department will distribute written ground rules for the hearing to both parties.
3.The review panel may affirm, overrule, or modify, in whole or in part, the region's decision or the bureau's decision. The review panel will render a decision within 60 calendar days from the date of the appeal. Within 14 calend ar days of the review panel's decision, the contractor shall accept or reject their decision in writing. If the contractor doe s not respond w ithin those 14 calendar days, the review panel’s decision is final.
4.If the contractor disagrees with the review panel's decision, the contractor may initiate a legal action pursuant to state statutes.
105.13.7 3 Referred to Dispute Review Board
1.Either the department or the cont ractor may request in writing that the claim be referred to a neutral third party. The requesting par ty shall provide that request to the other party within 14 calendar days of the review panel's receipt of the claim from the bureau.
2.The review panel will give the third party all documents and e vidence regarding the claim previously given to the review panel. The th ird party may request that the contractor and the region submit additional evidence or documents related to the claim. The thir d party will consider both parties' written and oral submissions, and may con sider other relevant information in the project records. The third party will review the claim and re nder a written recommendation .
3.The third-party recommendation is not binding on either party. The department and the contractor shall respond, in writing to each other , either accepting or rejecting the third party's recommendation within 14 calendar days of their re ceipt of the recommendation.
4.Upon expiration of the 14 calend ar days allowed for a response to the third-party recommendation, the review panel has 28 calendar days to render a written decision that does one of the following: - Confirms the third-party recommendation. - Overrules the third-party recommendation. - Modifies, in whole or in par t, the third-party recommendation .
5.The review panel's decision is the department's final and stan ding decision regarding the claim. If the contractor disagrees with the department's final decision, the contractor may initiate a legal action pursuant to state statutes. Effective with the December 2018 Letting 34 2019 Standard Speci fications Section 106 Control of Materials 106.1 General 106.1.1 Materials
1.Provide materials conforming to the contract. Use new products and materials for items permanently incorporated into the work unle ss the contract specifies or all ows otherwise. Use materials the contract specifies unless the engineer authorizes substitutes under 108.8 . Monitor construction operations to identify potential nonconforming materials and prevent their incorporation into the work.
2.All materials are subject to the engineer's approval before in corporation into the work. The engineer may inspect or test all material s at any time during their prep aration, storage, and use. Notify the engineer of the proposed source of materials before delivering those materials to the project site. If the engineer requests, provide samples of material and access to fa cilities that the engineer needs to assess the acceptability of all materials. The department will, on request, share with the contractor available information on a source or material. The department w ill maintain a web-based list of approved aggregate sources. Aggre gate producers must provide test results as required in the department policy for aggregate source approval to have their s ource approved and to keep that approval over time.
3.For fabricated components, the materials and the fabricator are subject to the depar tment's approval before delivery of those compone nts to the project site. The en gineer may require the contractor to obtain components from another department-approved source if th e department determines a fabricator's product does not conform to the contract.
4.Do not incorporate materials i nto the work until the engineer approves those materials. However, the contractor may request permission to incorporate materials not already approved. The engineer will grant this permission only if the contractor can provide convincing evidence that the engineer will subsequently find those material s conforming. Incorporation of materials before approval is at the contractor's risk and permissi on to do so does not imply that t he department will subsequently approve those materials.
5.Except as required under the co ntract, ensure that products in corporated into the work, either temporarily or permanently, do no t display advertising or messa ges not directly related to the manufacturer, properties, or f unction of those products; or adv ertising or messages in violation of state statutes. 106.1.2 Project Materials Coordinator
1.Designate one person, either a member of the contractor's own organization or acting as an agent for the contractor, to act as the cont ractor's materials coordinato r for the project. Ensure that this person is certified, before assuming t he role of project materials coo rdinator, by successfully completing the HTCP online materials coordinator training available at: http://www.uwplatt.edu/htcp/materials-coordinators-training
2.The contractor's project materials coordinator is responsible for the following: - Communicating contract sampling and testing requirements to subcontractors at all tiers. - Reporting out-of-specificatio n test results to the department as soon as the information is available. - Providing certified reports of test or analysis and manufactu rers’ certificates of compliance from subcontractors at all tiers and maintaining certification records as specified in 106.3.3.2 .
3.Ensure that the contractor's pro ject materials coordinator submits materials information required under the contract to a person the engi neer designates. Also ensure t hat the contractor-designated materials person participates in scheduled weekly construction meetings or meets with their department counterpart as requested. 106.2 Supply Source and Quality 106.2.1 Waste Materials
1.The department encourages the contractor to incorporate materi al from the WDNR li st of special wastes, cited in section 895.58 of the Wisconsin statutes, into the work. The department encourages maximizing use of speci al waste consistent with the contract an d standard engineering practice. http://docs.legis.wi.gov/s tatutes/statutes/895
2.For materials used during constr uction but not incorporated in to the work, use multiple-use or biodegradable produc ts, if practicable, to minimize the quantit y of solid waste generated during construction operations.
Source: Wisconsin Standard Specifications for Highway and Structure Construction, 2019 Edition. Pages 35–42 of 601.