Wisconsin WisDOT Standard Specifications (within FDM) — Section 106

Effective with the December 2018 Letting 34 2019 Standard Speci fications Section 106 Control of Materials

106.1General

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 materials 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 theirs 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 materials 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.

106.2Supply Source and Quality

106.2.1 Waste Materials

(1)The department encourages the contractor to incorporate material 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 special 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. Effective with the December 20 18 Letting 35 2019 Standard Speci fications 106.2.2 Preference for US-Made Materials (1)Furnish materials manufactured to the greatest extent in the U nited States as provided in Wis consin statute 16.754. http://docs.legis.wi.gov /statutes/statutes/16 106.2.3 Product Substitution (1)Provide US standard or SI metri c system prod ucts as the contra ct specifies. The department will allow substitutions for the specified product if both of the followin g conditions are met:

1.The substitute product is made from the same material as th e original pr oduct, and complies with the

corresponding specification requi rements for the substitute pro duct.

2.Dimensions of the substitute product are essentially equal to dimensions of the original product. The

department will allow established manufacturing and fabrication tolerances unless the contract specifies absolute maximum or minimum dimensions. (2)Certify to the engineer, in writing, that the substitute produ ct complies with the requireme nts of 106.2.3(1) . The contractor shall not furnish the substitute product until the engineer approves the substitution in writing. The department will pay for the instal led quantity of the substitute product at the contract price for the original product. 106.2.4 Conditional Approval of Materials (1)The department may require, by c ontract or at the discretion o f the engineer, inspectio n of materials at the point of manufacture or source of supply. The department ma y conditionally approve materials found to be in compliance at t he point of manufacture or source of supply. (2)If inspection is required at a manufacturing or source plant, do the following:

1.Provide the engineer with the results of relevant tests the contractor or producer performs.

. Cooperate with and assist the engineer.

3.Secure for the engineer fu ll access to parts of the plant u sed to manufacture or produce materials when

contract work is in progress.

4.If the engineer requires, secur e acceptable working space i n or near the plant.

5.Provide advance notice of p roduction schedules as the engin eer requests.

6.Provide and maintain adequa te safety measures at the plant for the engineer.

(3)The engineer may prohibit project site delivery of materials r equiring inspection at the point of manufacture or source of supply until the engineer grants condi tional approval.

106.3Approval of Materials

106.3.1 General (1)The department will approve materials or components demonstrated to conform to the contract. The depa rtment will base its approval on conformance with the contr act as close as practicable to the point of incorporation into the work. T he department approves materia ls based primarily on the engineer's tests, tests the contractor per forms under the quality manageme nt program, or tests the manufacturer performs and certifies. For mat erials conditionally approved at the point of manufacture or source of supply, the engineer may:

1.Retest or re-inspect materia ls after delivery to the projec t site.

2.Reject material subsequently found to be non-complying.

(2)Material sampling, testing, and documentation re quirements are specified in CMM chapter 8 . The department may augment test resul ts with documented performance history or inspection of processing, storage, handling , and construction operations. If the contract requires or the engineer requests, provide written documentation of the origin, composition, or process of manufacture of a material. (3)Conform to manufacturer-recommended procedures for products in corporated into the work unless the contract specifies otherwise. P rovide copies of those procedures if the engineer requests. The contractor may request that the department approve alternate pr ocedures. (4)The department's approval of materials or components does not constitute acceptance of the work incorporating those materials or components. 106.3.2 Approved Product Lists (APL) (1)The department maintains lists o f approved products and approved manufacturers or suppliers. The department includes products on these lists based on the results of prior testing and a satisfactory performance history on department projects. The department may retest or re-inspect products after delivery to the project site to v erify that they conform to the contract. A product is nonconforming if Effective with the December 20 18 Letting 36 2019 Standard Speci fications verification test results indicate the product does not meet th e requirements for inclusion in the department's APL. 106.3.3 Approval by Certification 106.3.3.1 General (1)For manufactured products or assemblies, the depa rtment may ba se approval on a product certification or require both a product certification and produ ction plant certification. 106.3.3.2 Product Certifications (1)For manufactured products or assemblies, the engin eer may acce pt a certified report of test or analysis, or a certificate of compliance instead of performing tests on samples. If not designated in the contract for the spec ific material involved, the engineer will determine the form, content, and distribution of the required doc uments. Submit the number of copies of each document that the engineer specifies. (2)For testing documented by certificate, all sampling and testin g procedures and testing facilities are subject to the review and approval of the department. The depar tment may sam ple and test products to verify the certified test r esults. Provide samples as the de partment directs. (3)Create a file of manufacturers’ certificates of com pliance for the contract. Maintain these certifications on file for a period of 5 years a fter completing the contract w ork. If the departmen t requests, provide the requested certification within 5 business days. (4)Products are nonconforming if one or more of the following apply:

1.Certifications are not provi ded within the specified time o r i n the specified form.

2.Certified properties do not conform to the contract.

3.Verification tes t results indicate the products do not conf orm to the contract.

106.3.3.3 Plant Certifications 106.3.3.3.1 Precast Concrete Products (1)The department specifies precast concrete components and will allow precast alternates for cast- in-place concrete componen ts. Ensure that precast concrete conforms to all of the following: 1.All specific contract requirements for individual components. 2.Components are manufactured in a plant certified, at the ti me of the letting and during production of components provided under the contract, by the department to produce those specific components. Department's approved vendors list for precast concrete products is available at: https://wisconsindot.gov/Pages /doing-bus/eng-consultants/cnslt-rsrces/tools/appr-prod/default.aspx 3.Submit design and construction details to the engineer for approval before installation. 106.3.3.3.2 Prestressed Concrete Products (1)Conform to the prestress plant c ertification requirements specified in 503.2.4 . 106.3.4 Approval By Sampling and Testing106.3.4.1 General (1)Except as specifically provi ded in the contract, the engineer will determine sam pling and testing frequencies and sample locatio ns, both on and off the projects ite. (2)The department will determine the sampling and testing methodo logy using the following order of precedence. The department will:

1.Use specific methods the contract references.

2.Use CMM spe

cified methods i f the contract does not referenc e specific methods.

3.Use department standard practices if the contract does not reference specific met hods and the CMM does

not specify a method. (3)The department will maintain cop ies of all AASHTO and ASTM sam pling and testing standards referen ced in the contract. Contractors, bidders, or the suppliers of materials may examine those standards at the department's cent ral office in Madison. The de partment will also m ake available for examination all other standards referenced in the contract as w ell as the department's sampling and testing standard practices. (4)All department and contractor per sonnel engaged in sampling an d testing of materials incorporated into the work must be qualified under a department-accepted pro gram for the specific tasks they are performing. (5)All laboratory facilities sampli ng and testing materials incor porated into the work m ust be qualified, for the specific tests they are per forming, by the department under its laboratory qualification program.

Effective with the December 2018 Letting 37 2019 Standard Speci fications 106.3.4.2 Department's Ma terial Testing Program 106.3.4.2.1 General

(1)Furnish without charge all samples that the engineer requires and provide the fa cilities and staff

required for collecting and forwarding them to the department. The department will, on request, share with the contractor test results obtained on cont ractor-furnished samples of materials. 106.3.4.2.2 Department-Approved Aggregate Sources 106.3.4.2.2.1 General

(1)Coordinate with the department to collect sample aggregates. T he department and contractor will

jointly obtain and split samples with the department taking imm ediate possession of the department's splits. Ensure that samplers ar e HTCP certified to sample aggre gates. Costs associated with the required aggregate quality sampli ng and testing are incidental to the work.

(2)Test coarse aggregate sources a minimum of every 5 years for p its and a minimum of every 3 years

for quarries. Marginal sources; those with LA wear loss within 4.0 percent, sodium sulfate loss within 3.0 percent, or freeze -thaw soundness loss wi thin 3.0 percent o f a specification limit, may require annual testing. The department and contractor will jointly obta in and split samples to test marginal sources. The department maintains a list of current approved ag gregate sources at: http://www.atwoodsystems.com/iibv2/default.cfm

(3)Ensure that testing is performed at a facility conforming to t he department's laboratory qualification

program by a HTCP-certified te chnician certified to test aggregate quality and that testing is performed.

(4)Perform testing on the split o f the sample conforming to the following:

LA Wear (100 & 500 revolutions) ............................... ............................................................... ...... AASHTO T96 Sodium sulfate soundness (R-4, 5 cycles) ............................................................... ..................... AASHT O T104 Fracture ...................................................... ............................................ ASTM D5821 as modified in CMM 8-60 Liquid limit[1] ............................................................................................................................. ....... AASHTO T89 Plasticity[1] ............................................................................................................................. .......... AASHTO T90 Coarse aggregate specific gravity and absorption .......................................................................... AA SHTO T85 [1] Prepare samples according to AASHTO R74, Method A for the P-4 fracture.

(5)Provide test results to the department’s laboratory. The depar tment may perform verification testing on

their split of the sample. 106.3.4.2.2.2 Freeze-Thaw Soundness

(1)Perform freeze-thaw soundness testing according to AASHTO T103 . Provide freeze/thaw soundness

test results based on the fracti on retained on the No. 4 sieve as follows:

1.Using virgin crushed stone aggregates produced from limesto ne/dolomite sources in one or more of the

following counties or from out of state: Brown Columbia Crawford Dane Dodge Fond du Lac Grant Green Green Lake Iowa Jefferson Lafayette Marinette Oconto Outagamie Rock Shawano Walworth Winnebago

2.Using gravel aggregates produced from pit sources in one or more of the following counties or from out of

state: Dodge Washington Waukesha

(2)The department may waive freeze/thaw testing for existing quar ries determined to be in either the

Silurian system or the Prairie du Chien group of the Ordovician system of rocks. 106.3.4.2.2.3 Quality Assurance

(1)The department will approve an aggr egate source and post contr actor test results if either of the

following conditions are met: - Both contractor and department r esults for split sample testi ng are within specifications. - Contractor results are within specifications and department split sample results are within tolerances.

(2)The department will accept the c ontractor's tes t results if department split sample results are within

specified tolerances as follows: TEST METHOD TOLERANCE LA wear (500 revolutions) +/- 4.0% Sodium sulfate soundness (R-4, 5 cycles) +/- 3.0%

Effective with the December 2018 Letting 38 2019 Standard Speci fications Coarse aggregate specif ic gravity +/- 0.04 Coarse aggregate abs orption +/- 0.4% Freeze-thaw soundness +/- 3.0%

(3)The contractor may request re-s ampling and re-testing by both the contractor and department. If

requesting a second re-test, subm it a written description of co rrective action and additional process control measures taken during production to change the resulting material properties.

(4)If the contractor disputes the department's test results, the department will initiate the dispute

resolution process. 106.3.4.2.2.4 Dispute Resolution

(1)The department and contractor w ill investigate discrepancies b etween department and contractor split

sample test results.

(2)If the department and contractor c annot resolve a discrepancy that could result in incorporating

nonconforming work, the departm ent and the contractor will use third-party tests by a mutually agreed on independent laboratory. The department will obtain, maintain custody of, and send samples to a third party for testing. The department and contractor will abi de by a third-party test result if within either the department's or the contractor's test result by the tolerance specified in 106.3.4.2.2.3(2) . The party in error will pay indep endent laboratory costs.

(3)For non-conforming material pl aced before acceptance testing o r completion of the dispute resolution

process, the engineer will do one of the following:

1.Reject that materials ubject to the provisions of 105.3.2.2 for unacceptable work.

2.Approve those materials and adjust the contract price as pr ovided in 105.3.2.1 for engineer-accepted

nonconforming work. 106.3.4.3 Quality Management Program 106.3.4.3.1 General

(1)Under the contract QMP provisions, the department will base ap proval of the covered materials on a

combination of the results of the following:

1.Contractor quality control testing.

2.Departmental verification testing.

3.Inspections of the materials production, storage, handling, and construction processes.

4.Dispute resolution procedures.

(2)If disputed, approval of materials and components, as well as acceptance of the work incorporating

those materials or components, is subject to review under the Q MP dispute resolution process. 106.3.4.3.2 Process Control

(1)Process control is the contract or's responsibility. Perform an d document inspections, additional

testing, and corrective action required to ensure materials inc orporated into the work conform to the contract. 106.3.4.3.3 Department Verification

(1)The department will periodically conduct independent verification tests to validate the quality of the

materials incorporated into the work. 106.3.4.3.4 Independent Assurance

(1)The department may evaluate all personnel engaged in sampling and testing of materials incorporated

into the work. The department will base its evaluation on obser vation of procedures, required documentation, and spilt-sample testing.

(2)The department may evaluate the contractor's sampling and testing equipment. The department will

base its evaluation on visual ins pection, calibration checks, o r split sample or proficiency testing. 106.3.4.3.5 QMP Dispute Resolution

(1)The engineer and co ntractor should make every effort to avoid conflict by investigating substantive

discrepancies in their respective test results.

(2)For potentially nonconformi ng materials, the department and co ntractor will thoroughly investigate to

determine the quality and extent of material at risk. The depar tment and contractor will review contract required data, examine data redu ction and analysis methods, eva luate sampling and testing procedures, and may perform additional testing. Use ASTM E178 to evaluate potential statistically outlying data.

Effective with the December 2018 Letting 39 2019 Standard Speci fications (3) If project personnel cannot res olve a dispute that affects payment or could result in incorporating nonconforming work, the departmen t will resolve the dispute usi ng third-party testing by the department’s central office labor atory or a mutually agreed on independent laboratory. The engineer and contractor will abide by third- party test results. The party in error will pay independent laboratory costs. The department may use thir d-party tests to evaluate que stionable materials and determine appropriate payment. The department will determine the final di sposition of nonconforming material as specified in 106.5 .

106.4Storing and Handling Materials

(1)Store and handle materials to preserve their quality and fitne ss for the work. Provide easy access for

the department to inspe ct and test stored ma terials. Even if approved before storage, the engineer may find materials nonconforming based on re-inspection before incorporation into the work.

(2)Provide the engineer with the storage locations of materials i ntended for the work. If the engineer

allows, the contractor may store materials on portions of the r ight-of-way not required for public travel. Provide additional off-site storage space at no additional expense to the department. Off-site storage areas for approved or conditiona lly approved materials are subj ect to the department's inspection and approval.

106.5Nonconforming Materials

(1)For nonconforming materials identified before incorporation into the work, the engineer will do one of

the following:

1.Reject those materials. Unless the engineer allows otherwis e, the contractor shall remove rejected

materials from the project sit e at no cost to the department. T he engineer may allow the contractor to correct rejected materials. The contractor shall obtain the eng ineer’s approval for previously rejected, but subsequently corrected, materials before incorporating those ma terials into the work.

2.Approve those materialss ubject to potentia l reduced paymen t. The engineer will determine the

circumstances under which those nonconforming materials may be approved for incorporation into the work. The engineer will document t he basis of approval and may execute a contract change order to adjust the contract unit prices for the nonconforming materials. If th e contract does no t specify a price adjustment, the engineer m ay adjust the price.

(2)For materials incorporated in the work and later found to be n onconforming, the engineer will do one of

the following:

1.Reject those materials subject to the provisions of 105.3.2.2 for unacceptable work.

2.Approve those materials and adjust the contract price as pr ovided in 105.3.2.1 for engineer-accepted

nonconforming work. Effective with the December 20 18 Letting 40 2019 Standard Speci fications Section 107 Legal Relations and Responsibility to the Public

107.1Laws to be Observed

(1)At all times, observe and comply with all applicable federal a nd stat e laws and administrative rules, codes, local laws, ordinances, and regulations that affect the conduct of the work, and applicable orders or decrees of bodies or tribunals having jurisdiction or authority over the work. The department will consider no plea of misunder standing or ign orance thereof. The contractor shall indemnify and save harmless the state and all of its officers, agents, and employees against any claim or liabilityarising from or based on the viol ation of any applicable law, o rdinance, regulation , order, or decree, whether by the contractor or the contractor’s employees, subcon tractors, or agents. (2)Comply with all applicable federal, state, and local health of ficial rules and regulations governing safety, health, and sanitation. P rovide all necessary safeguards, safety devices, and protective equipment. Take all other actions reasonably nece ssary to protect the life and health of employees on the project and the safety of the public.

107.2Haul Road Notification

(1)Notify the engineer in writing a t least 3 busine ss days before hauling project materials over a public road or street not a part of the st ate trunk highway system. The department will subs equently survey the existing condition of that haul route to establish a baseli ne for assessing damage that the contractor's hauling operations might cause.

107.3Permits and Licensing

(1)Obtain all permits and licenses , pay all charges and fe es, and give all notices necessary to perform the work. The contractor shall comply with all permit requireme nts whether the permit is issued to the contractor, the state, or the maintaining authority.

107.4Patented Devices, Materials, and Processes

(1)Include in the bid prices royalties and costs arising from pat ents, trademarks, and copyrights . Before using a design, device, material , or process covered by letters , patents, or copyrights, provide for its use by suitable legal agreement with the patentee or owners. Pr ovide proof of this agreement with the engineer if necessary. The contractor and the contractor’s sure ty shall provide indemnification from all claims for infringement of patents, trademarks, or copyrights a s specified in 107.12 .

107.5Labor Compliance

(1)Comply with all contract labor c omplianc e provisions and take responsibility for subcontractor and lower tier subcontractor comp liance. Submit department-requested documentation within the time the department specifies in a written notice. Resolve all labor com pliance issues within 90 days after receiving the department's first written notice. The department and the contractor can mutually agree to extend this 90-day requirement. Actively pursue resolution o f contract labor compliance issues and attend all contract labor compliance meetings and hearings.

107.6Federal Participation

(1)If the federal government parti cipates in the cost of the cont ract :

1.The work is subject to the inspection and app roval of the p roper officials of the federal government.

2.The work shall conform to t he applicable federal statutes, rules, and regulations.

(2)The federal government is not a party to the contract and will not interfere with the rights of either party unde r the contract.

107.7Nighttime Operations

(1)Do not perform work when there is insuffic ient light to conduc t that work safely. If t he contract requires or the engineer allows nighttime operations, provide artificial illumination as necessary to safely perform the work. Locate work lig hts within and around the work zone in a way that provides adequate illumination to perform the work, m akes the workers and constru ction operations visible to the traveling public, and ensures that glare and brightness transition throug h the work site does not interfere with driver visibility. Provide addi tional hazard lighting on equipm ent as well as high visibility apparel conforming to ANSI/ISEA guidelines for workers.

107.8Public Convenience and Safety

(1)Maintain the safety of the traveling public and control traffic using barricades, warning signs, flaggers, and temporar y barrier as specified in 104.6.1. (2)If the contract provides that t he road or portions of the road are clo sed to public traffic during construction, the engineer may direct or authorize the contract or to open sections of the road to public traffic before the work is completed as specified in 104.6.5.

Source: Wisconsin Standard Specifications for Highway and Structure Construction, 2019 Edition. Pages 43–48 of 601.

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105 Control of the Work

107 Legal Relations and Responsibility to the Public