Loading...
HomeMy WebLinkAbout2021-3096• I AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) This Agreement is by and between City of Columbia Heights, Minnesota ("Owner") and _____ _ Standard Sidewalk Inc. ("Contractor"). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows: ARTICLE 1-WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows: 2021 MISCELLEANEOUS CONCRETE REPAIRS AND INSTALLATIONS-PROJECT 2100 ARTICLE 2-THE PROJECT 2.01 The project, of which the work under the contract documents is a part, is generally described as follows: Curb and gutter, pedestrian ramps, sidewalk, step or flatwork removals and concrete replacements or installations at spot locations throughout the City. ARTICLE 3-ENGINEER 3.01 The ENGINEER is to act as Owner's representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed by CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT {ENGINEER). ARTICLE 4-CONTRACT TIMES 4.01 Time is of the Essence A.All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. A. Unless otherwise noted, the Work will be substantially completed on or before June 18, 2021 for Phase 1 construction and September 24, 2021 for Phase 2, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before October 15, 2021. 4.03 Liquidated Damages A.Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 6 Contract #2021-3096 Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): l.Substantial Completion: Contractor shall pay Owner $1,500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. 2.Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,500.00 for each day that expires after such time until the Work is completed and ready for final payment. 3.Liquidated damages for failing to timely attain Substantial Completion, and final completion are not additive, and will not be imposed concurrently. B.If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner's sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement. ARTICLE 5-CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract: A.For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. B.The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 6-PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A.Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A.Owner shall make progress payments on the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract {Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 6 completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1.Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a.95 percent of the value of the Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B.After Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor in accordance with Minnesota Statute 15.72. 6.03 Final Payment A.Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety A.Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. 6.05 Interest A.All amounts not paid when due will bear interest at the rate stipulated in Minnesota Statute 161.322. ARTICLE 7-CONTRACT DOCUMENTS 7 .01 Contents A.The Contract Documents consist of all of the following: 1.This Agreement. 2.Bonds: a.Performance bond (together with power of attorney). b.Payment bond (together with power of attorney). 3.General Conditions. 4.Supplementary Conditions. 5.Specifications as listed in the table of contents of the project manual. 6.Drawings are included with the project manual. 7.Addenda (numbers __ to __ , inclusive). 8.Exhibits to this Agreement (enumerated as follows): a.Contractor's Bid (pages 11 to 19, inclusive). EJCDC ® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 6 9.The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a.Notice to Proceed. b.Work Change Directives. c.Change Orders. B.The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C.There are no Contract Documents other than those listed above in this Article 7. D.The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 8-REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor's Representations A.In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1.Contractor has examined and carefully studied the Contract Documents, including Addenda. 2.Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4.Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5.Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6.Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c)Contractor's safety precautions and programs. 7.Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page4 of 6 • I studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8.Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 9.Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11.Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02 Contractor's Certifications A.Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02: 1."corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2."fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, {b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3."collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4."coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8.03 Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC ® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (red line/strikeout), or in the Supplementary Conditions. EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on April 26, 2021 (which is the Effective Date of the Contract). Owner: City of Columbia Heights, Minnesota By: Kelli �;City Manager By: �,;f,�·J Amada Marquez Simula, Mayor Attest� � Title Ci�G Address for giving notices: City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Designated Representative: Name: Kevin Hansen Title: City Engineer Address: City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Phone: 763-706-3700 Email: khansen@columbiaheightsmn.gov (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) Contractor: Standard Sidewalk, Inc. By: Date: Name: Title: (typed or printed na '!1,;,9,orgonization) -OJ�� -v (date signed} (IAsa,v c:x....£-),J (typed or printed) {If CONTRACTOR is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: � � (indidual's signature) Title: �WV "1i.,EfrSJR.,£ fL- (typed or printed} Address for giving notices: STArJD&l?i> s I DEW A L.k. 1 I rJ c.... Designated Representative: Name: .:::TA-�� OL-S.o,j (typed or printed} Title: (typed or printed) Address: ':ff\-,Jt>PtiD S ,�Au,i-J c... Phone: 7b3 ·-78l( -3obS- Email: :I �\Ji�f\&v&,,lJ)�v12-lk.,,C,of\'\ License No.: __ __.,-}......,_/_A ______ _ (where applicable) State: EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright@ 2018 National Society of Pro fessional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 6 .. RESOLUTION NO. 2021-41 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to an advertisement for bids for City Project No. 2100, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received complying with the advertisement: Bidder Standard Sidewalk, Inc. *MACO Corporation Pember Companies, Inc. Base Bid $32,795.00 $44,075.00 $58,404.75 •Corrected It appears that Standard Sidewalk, Inc. of Blaine, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1.The Mayor and City Manager are hereby authorized and directed to enter into a contract with Create Construction, LLC in the name of the City of Columbia Heights, for the 2021 Miscellaneous Concrete Repairs and Installations, City Project No. 2100, for a bid amount of $32,795.00 according to plans and specifications therefore approved by the Council. 2.The City Engineer is hereby authorized and directed to retain the deposit of the successful bidder and the next lowest bidder until the contract has been signed. 3.City Project No. 2100 shall be funded from Fund 415-52100-4000. ORDER OF COUNCIL Passed this 26th day of April, 2021 Offered by: Seconded by: Roll Call: Attest: Jacobs Novitsky All Ayes EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared By Endorsed By EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology ........................................................................................................ 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 6 Article 2—Preliminary Matters ..................................................................................................................... 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance......................................... 7 2.02 Copies of Documents .................................................................................................................... 7 2.03 Before Starting Construction ........................................................................................................ 8 2.04 Preconstruction Conference; Designation of Authorized Representatives .................................. 8 2.05 Acceptance of Schedules .............................................................................................................. 8 2.06 Electronic Transmittals ................................................................................................................. 9 Article 3—Contract Documents: Intent, Requirements, Reuse .................................................................... 9 3.01 Intent ............................................................................................................................................. 9 3.02 Reference Standards ................................................................................................................... 10 3.03 Reporting and Resolving Discrepancies ...................................................................................... 10 3.04 Requirements of the Contract Documents ................................................................................. 11 3.05 Reuse of Documents ................................................................................................................... 11 Article 4—Commencement and Progress of the Work .............................................................................. 12 4.01 Commencement of Contract Times; Notice to Proceed ............................................................. 12 4.02 Starting the Work ........................................................................................................................ 12 4.03 Reference Points ......................................................................................................................... 12 4.04 Progress Schedule ....................................................................................................................... 12 4.05 Delays in Contractor’s Progress .................................................................................................. 12 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................... 14 5.01 Availability of Lands .................................................................................................................... 14 5.02 Use of Site and Other Areas ........................................................................................................ 14 5.03 Subsurface and Physical Conditions ............................................................................................ 15 5.04 Differing Subsurface or Physical Conditions ............................................................................... 16 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 5 5.05 Underground Facilities ................................................................................................................ 18 5.06 Hazardous Environmental Conditions at Site ............................................................................. 19 Article 6—Bonds and Insurance .................................................................................................................. 22 6.01 Performance, Payment, and Other Bonds .................................................................................. 22 6.02 Insurance—General Provisions ................................................................................................... 22 6.03 Contractor’s Insurance ................................................................................................................ 24 6.04 Builder’s Risk and Other Property Insurance .............................................................................. 25 6.05 Property Losses; Subrogation ..................................................................................................... 26 6.06 Receipt and Application of Property Insurance Proceeds .......................................................... 27 Article 7—Contractor’s Responsibilities ..................................................................................................... 27 7.01 Contractor’s Means and Methods of Construction .................................................................... 27 7.02 Supervision and Superintendence .............................................................................................. 28 7.03 Labor; Working Hours ................................................................................................................. 28 7.04 Services, Materials, and Equipment ........................................................................................... 28 7.05 “Or Equals” .................................................................................................................................. 29 7.06 Substitutes .................................................................................................................................. 30 7.07 Concerning Subcontractors and Suppliers .................................................................................. 31 7.08 Patent Fees and Royalties ........................................................................................................... 32 7.09 Permits ........................................................................................................................................ 33 7.10 Taxes ........................................................................................................................................... 33 7.11 Laws and Regulations .................................................................................................................. 33 7.12 Record Documents ...................................................................................................................... 34 7.13 Safety and Protection ................................................................................................................. 34 7.14 Hazard Communication Programs .............................................................................................. 35 7.15 Emergencies ................................................................................................................................ 35 7.16 Submittals ................................................................................................................................... 36 7.17 Contractor’s General Warranty and Guarantee ......................................................................... 38 7.18 Indemnification ........................................................................................................................... 39 7.19 Delegation of Professional Design Services ................................................................................ 40 Article 8—Other Work at the Site ............................................................................................................... 41 8.01 Other Work ................................................................................................................................. 41 8.02 Coordination ............................................................................................................................... 41 8.03 Legal Relationships ...................................................................................................................... 42 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 3 of 5 Article 9—Owner’s Responsibilities ............................................................................................................ 43 9.01 Communications to Contractor .................................................................................................. 43 9.02 Replacement of Engineer ............................................................................................................ 43 9.03 Furnish Data ................................................................................................................................ 43 9.04 Pay When Due ............................................................................................................................. 43 9.05 Lands and Easements; Reports, Tests, and Drawings ................................................................. 43 9.06 Insurance ..................................................................................................................................... 43 9.07 Change Orders ............................................................................................................................ 43 9.08 Inspections, Tests, and Approvals ............................................................................................... 44 9.09 Limitations on Owner’s Responsibilities ..................................................................................... 44 9.10 Undisclosed Hazardous Environmental Condition ...................................................................... 44 9.11 Evidence of Financial Arrangements ........................................................................................... 44 9.12 Safety Programs .......................................................................................................................... 44 Article 10—Engineer’s Status During Construction .................................................................................... 44 10.01 Owner’s Representative .......................................................................................................... 44 10.02 Visits to Site ............................................................................................................................. 44 10.03 Resident Project Representative............................................................................................. 45 10.04 Engineer’s Authority ............................................................................................................... 45 10.05 Determinations for Unit Price Work ....................................................................................... 45 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 45 10.07 Limitations on Engineer’s Authority and Responsibilities ...................................................... 45 10.08 Compliance with Safety Program ............................................................................................ 46 Article 11—Changes to the Contract .......................................................................................................... 46 11.01 Amending and Supplementing the Contract .......................................................................... 46 11.02 Change Orders ........................................................................................................................ 46 11.03 Work Change Directives .......................................................................................................... 47 11.04 Field Orders ............................................................................................................................. 47 11.05 Owner-Authorized Changes in the Work ................................................................................ 47 11.06 Unauthorized Changes in the Work ........................................................................................ 48 11.07 Change of Contract Price ........................................................................................................ 48 11.08 Change of Contract Times ....................................................................................................... 49 11.09 Change Proposals .................................................................................................................... 49 11.10 Notification to Surety .............................................................................................................. 51 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 4 of 5 Article 12—Claims ....................................................................................................................................... 51 12.01 Claims ...................................................................................................................................... 51 Article 13—Cost of the Work; Allowances; Unit Price Work ...................................................................... 52 13.01 Cost of the Work ..................................................................................................................... 52 13.02 Allowances .............................................................................................................................. 56 13.03 Unit Price Work ....................................................................................................................... 56 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 57 14.01 Access to Work ........................................................................................................................ 57 14.02 Tests, Inspections, and Approvals ........................................................................................... 57 14.03 Defective Work ....................................................................................................................... 58 14.04 Acceptance of Defective Work................................................................................................ 58 14.05 Uncovering Work .................................................................................................................... 59 14.06 Owner May Stop the Work ..................................................................................................... 59 14.07 Owner May Correct Defective Work ....................................................................................... 59 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 60 15.01 Progress Payments .................................................................................................................. 60 15.02 Contractor’s Warranty of Title ................................................................................................ 63 15.03 Substantial Completion ........................................................................................................... 63 15.04 Partial Use or Occupancy ........................................................................................................ 64 15.05 Final Inspection ....................................................................................................................... 65 15.06 Final Payment .......................................................................................................................... 65 15.07 Waiver of Claims ..................................................................................................................... 66 15.08 Correction Period .................................................................................................................... 67 Article 16—Suspension of Work and Termination ..................................................................................... 68 16.01 Owner May Suspend Work ..................................................................................................... 68 16.02 Owner May Terminate for Cause ............................................................................................ 68 16.03 Owner May Terminate for Convenience................................................................................. 69 16.04 Contractor May Stop Work or Terminate ............................................................................... 69 Article 17—Final Resolution of Disputes .................................................................................................... 70 17.01 Methods and Procedures ........................................................................................................ 70 Article 18—Miscellaneous .......................................................................................................................... 70 18.01 Giving Notice ........................................................................................................................... 70 18.02 Computation of Times............................................................................................................. 70 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 5 of 5 18.03 Cumulative Remedies ............................................................................................................. 70 18.04 Limitation of Damages ............................................................................................................ 71 18.05 No Waiver ............................................................................................................................... 71 18.06 Survival of Obligations ............................................................................................................ 71 18.07 Controlling Law ....................................................................................................................... 71 18.08 Assignment of Contract........................................................................................................... 71 18.09 Successors and Assigns ........................................................................................................... 71 18.10 Headings .................................................................................................................................. 71 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 71 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 71 Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract. b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 71 communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer—The individual or entity named as such in the Agreement. 23. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 30. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 71 32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative. 34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals. 36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 40. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 42. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 71 thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion of such Work. 43. Successful Bidder—The Bidder to which the Owner makes an award of contract. 44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 46. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48. Unit Price Work—Work to be paid for on the basis of unit prices. 49. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 71 50. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04). E. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 71 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed. G. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 71 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 71 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long-term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 71 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 71 precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 71 ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 71 C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 71 effect of the delay, disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 71 (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 71 D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner’s archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 71 to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 71 Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations; 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C. Engineer’s Review: Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and 4. advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 71 statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; b. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor’s remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 71 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 71 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I obligates Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 71 ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Contractor’s obligations under the Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 71 required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Alternative forms of insurance coverage, including but not limited to self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. H. Contractor shall require: 1. Subcontractors to purchase and maintain worker’s compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor’s liability policies) on each Subcontractor’s commercial general liability insurance policy; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 71 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. J. If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner’s termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly. L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 Contractor’s Insurance A. Required Insurance: Contractor shall purchase and maintain Worker’s Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 71 4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds: The Contractor’s commercial general liability, automobile liability, employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor’s acts or omissions, or the acts and omissions of those working on Contractor’s behalf, in the performance of Contractor’s operations. 6.04 Builder’s Risk and Other Property Insurance A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder’s risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder’s risk insurance. The builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of such property insurance. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 71 D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide advance notice of such occupancy or use to the builder’s risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.04, it may do so at Contractor’s expense. 6.05 Property Losses; Subrogation A. The builder’s risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder’s risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner’s existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer’s rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 71 1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work. 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES 7.01 Contractor’s Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 71 Contractor’s expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site. B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions. C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 71 7.05 “Or Equals” A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an “or equal” item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal,” which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The Engineer’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 71 E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified; and 3) be suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 71 Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 71 otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 71 license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.09 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.11 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 71 such Work or other action. It is not Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 71 of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. I. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 71 7.16 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 3) all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that Submittal, and that Contractor approves the Submittal. 3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C. 2. Samples a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 71 may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.16.C. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Engineer’s Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. 2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 71 resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Engineer’s review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s warranty and guarantee. B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 71 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. D. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights under this Paragraph 7.17: 1. Observations by Engineer; 2. Recommendation by Engineer or payment by Owner of any progress or final payment; 3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any review and approval of a Shop Drawing or Sample submittal; 6. The issuance of a notice of acceptability by Engineer; 7. The end of the correction period established in Paragraph 15.08; 8. Any inspection, test, or approval by others; or 9. Any correction of defective Work by Owner. E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 71 directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner-delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to Engineer. D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 71 G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 71 set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B. 2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 71 C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9—OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 71 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 71 B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Resident Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer’s consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 Engineer’s Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. Engineer’s authority as to Submittals is set forth in Paragraph 7.16. C. Engineer’s authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19. D. Engineer’s authority as to changes in the Work is set forth in Article 11. E. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.05 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 71 Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Contractor under Paragraph 15.06.A, will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply to the Resident Project Representative, if any. 10.08 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs of which Engineer has been informed. ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 71 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price. B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 71 the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer’s recommendation. B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.06 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C). C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will be 15 percent; b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 71 c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 71 B. Change Proposal Procedures 1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3. Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5. Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 71 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 71 and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. When needed to determine the value of a Change Order, Change Proposal, Claim, set- off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 71 benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, which will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 5. Other costs consisting of the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 71 machinery, or parts must cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor- related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price (“changed Work”), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of builder’s risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work does not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 71 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor’s Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 71 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. C. Owner’s Contingency Allowance: Contractor agrees that an Owner’s contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 71 b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 71 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 71 by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 71 Owner may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation establishing full payment by Contractor for the materials and equipment; (b) at Owner’s request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 71 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 71 c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 71 e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or l. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 71 C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 71 2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all duly pending Change Proposals and Claims; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 66 of 71 bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer’s Review of Final Application and Recommendation of Payment: If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within 10 days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment and issuance of notice of the acceptability of the Work. E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner’s receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 67 of 71 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B. C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). Contractor’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. F. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 68 of 71 ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days’ written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 69 of 71 to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 days’ written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 days’ written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 70 of 71 ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient’s place of business; 2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 71 of 71 as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. C-700-72 TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS TITLE ARTICLE NO. Introduction ................................................................................................................. S.C. O Defined Terms ..........................................................................................................S.C. 1.01 Preliminary Schedules .......................................................................................... S.C. 2.03.A Intent ........................................................................................................................S.C. 3.01 Reference Standards ................................................................................................S.C. 3.02 Availability of Lands .................................................................................................S.C. 5.01 Reports and Drawings .......................................................................................... S.C. 5.03.A Contractor's Insurance .............................................................................................S.C. 6.03 Supervision and Superintendence ...........................................................................S.C. 7.02 Permits .....................................................................................................................S.C. 7.09 Safety and Protection ..............................................................................................S.C. 7.13 Submittals; Shop Drawings ......................................................................................S.C. 7.16 Change Proposals; Change Proposal Procedures ..................................................S.C. 11.09 Claims; Submittal of Claim .....................................................................................S.C. 12.01 Adjustments in Unit Price ................................................................................... S.C. 13.03.E Tests, Inspections, and Approvals ..........................................................................S.C. 14.02 Defective Work; Correction, Removal and Replacement .................................. S.C. 14.03.D Progress Payments .................................................................................................S.C. 15.01 Final Payment.........................................................................................................S.C. 15.06 Correction Period ............................................................................................... S.C. 15.08.A Non-Discrimination Toward Handicapped Persons ...............................................S.C. 18.11 C-700-73 SUPPLEMENTARY CONDITIONS ARTICLE S.C. O INTRODUCTION These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (2018 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended, or supplemented, remain in full force and effect. ARTICLE S.C. 1.01 DEFINED TERMS The terms used in these Supplementary Conditions, which are defined in the Standard General Conditions of the Construction Contract (2018 Edition) have the meanings assigned to them in the General Conditions. 1. The use of the word "OWNER" refers to the City of Columbia Heights. 2. The use of the word "ENGINEER" refers to the City Engineer (or designated representative) of the City of Columbia Heights. 3. The use of the word "CONTRACTOR" refers to the firm or company contracted to do the work described in these specifications. 4. The use of the word "DEPARTMENT" shall be interpreted to mean the City of Columbia Heights ‘Engineering’ or Public Works Department. ARTICLE S.C. 2.03.A PRELIMINARY SCHEDULES Paragraph 2.03.A of the General Conditions shall be deleted and the following inserted in its place. "2.03.A Within ten (10) days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), and before starting any work at the site, Contractor shall submit to Engineer for timely review:" ARTICLES 2.03.A.1; 2.03.A.2; AND 2.03.A.3 REMAIN AS SHOWN. ARTICLE S.C. 3.01 INTENT Work under these Contract Documents shall be governed by all applicable Federal, State and Local laws, regulations, codes and ordinance and the Contract Documents. In the event of a C-700-74 conflict of meaning between any of the terms of the Contract Documents, the provisions of the document listed first below shall prevail over those of a document listed later: Contract Agreement Supplementary Conditions Project Plans Proposal and Proposal Form Addenda Technical Specifications – City of Columbia Heights Technical Specifications – Minnesota Department of Transportation General Conditions Special provisions and detail plans are intended to modify and prevail over standard plans and specifications. Should the Contract Documents conflict with any of the laws, regulations, codes, and ordinances mentioned in preceding paragraphs of these Supplementary Conditions, the laws and regulations shall take precedence. This shall not, however, be construed to relieve the Contractor from complying with the requirements of the Contract Documents which are in excess of, but not contrary to, the laws and regulations. ARTICLE S.C. 3.02 REFERENCE STANDARDS The work shall be performed in accordance with the Minnesota Department of Transportation "Standard Specifications for Construction", 2018 edition, and any supplements or amendments, including special provisions, thereto issued prior to the date of these Contract Documents, except as modified or supplemented by the "Standard Specifications for Trench Excavation and Backfill/Surface Restoration, Water main and Service Line Installation, and Sanitary Sewer and Storm Sewer Installation", 2018 Edition as published by the City Engineers Association of Minnesota and as modified or supplemented in these General Conditions, Supplementary Conditions or other Contract Documents. Coordination of plans and specifications shall be in accordance with the provisions of MnDOT Specification 1504, as modified by the following definitions: 3.02.1 Standard Specifications: Refer in precedent order to the "Standard Specifications”, 2018 Edition as published by the City Engineers Association of Minnesota, the MnDOT Standard Specifications, 2018 edition, and the other specifications of ASTM, ANSI, AWWA, etc., as referenced and as published on the date of the bid advertisement. 3.02.2 Supplemental Specifications: Refer in precedent order to the Supplementary General Conditions and the General Conditions as contained in these Contract Documents. ARTICLE S.C. 5.01 AVAILABILITY OF LANDS Amend Paragraph 5.01.A of the General Conditions by adding the following after the second C-700-75 sentence: "If Contractor believes that there has been delay in Owner's furnishing of lands, rights- of-way, easements, or permits, Contractor's sole remedy shall be an extension of contract time, for which the Contractor may make a claim therefore as provided in Article 11.08" And as so amended Paragraph 5.01.A remains in effect. ARTICLE S.C. 5.03.A REPORTS AND DRAWINGS Amend Paragraph 5.03.A of the General Conditions by adding the following sentence: “4. Reports and drawings described above are listed in the Table of Contents and provided with Appendixes unless otherwise noted.” And as so amended Paragraph 5.03.A remains in effect. ARTICLE S.C. 6.03 CONTRACTOR'S INSURANCE The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts, or greater, when required by laws and regulations. 6.03.A. Required Insurance 6.03.A.1. Workers’ Compensation: STATE: STATUTORY APPLICABLE FEDERAL (E.G., LONGSHOREMAN'S) STATUTORY EMPLOYER'S LIABILITY $1,000,000 6.03.A.2. Commercial General Liability: 1. Bodily Injury (including completed operations and products liability): $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 2. Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate or a combined single limit of: $2,000,000 3. Property Damage Liability Insurance will provide Explosion, Collapse and C-700-76 Underground Coverage’s where applicable. Personal Injury, with employment exclusion deleted: $2,000,000 Annual Aggregate 6.03.A.3. Comprehensive Automobile liability: Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence or combined single limit of: $1,000,000 6.03.B. General Provisions: The Contractual Liability required by Paragraph 6.03.B.2. of the General Conditions shall provide coverage for not less than the following amounts: Bodily Injury: $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 6.03.C. Additional Insureds: The City of Columbia Heights shall be named as an additional insured. ARTICLE S.C. 7.02 SUPERVISION AND SUPERINTENDENCE The Contractor shall provide adequate supervision (superintendent) of the work as the job progresses. The superintendent shall report daily to the Engineer on the progress of the work and the number of men on the job. The superintendent shall maintain complete records of the work as it progresses and shall submit these records with each request for payment. The Contractor shall provide an adequate staff for properly coordinating and expediting the work, including office staff to handle by telephone any questions which may arise in the conductance of the work. C-700-77 ARTICLE S.C. 7.09 PERMITS The City of Columbia Heights will obtain permits that are necessary for this work from the following outside agencies: -- * Minnesota Department of Health -- * Metropolitan Council Environmental Service -- * Army Corp of Engineers. The Contractor is responsible to obtain permits that are necessary for this work from the following outside agencies: -- * Minnesota Department of Transportation -- * Anoka County Highway Department -- * Minnesota Pollution Control Agency (including General Storm-water Permit for Construction Activity) -- * Mississippi Watershed Management Organization --* Rice Creek Watershed District -- * Department of Natural Resources. All work under this contract shall take place on City-owned property, City-owned right-of-way, County-owned right-of-way, MnDOT-owned right-of-way, or easements to be obtained by the City under this contract. No work shall commence until the necessary permits are obtained. Before work is started, the Contractor shall obtain necessary locations of all underground utilities by contacting GOPHER STATE ONE CALL at 651-454-0002. ARTICLE S.C. 7.13 SAFETY AND PROTECTION Amend Paragraph 7.13.B. of the General Conditions by inserting the following after the first sentence: “In addition, Contractor shall provide a “competent person” as defined by O.S.H.A. on site when trench work is being performed.” And as so amended Paragraph 7.13.B. remains in effect. ARTICLE S.C. 7.16 SUBMITTALS; SHOP DRAWINGS Amend Paragraph 7.16.B.1.b of the General Conditions by inserting the following after the first sentence: “Each shop drawing for a manhole or a catch basin shall reference the plan page number and the structure number.” And as so amended Paragraph 7.16.B.1.b remains in effect. C-700-78 ARTICLE S.C. 11.09 CHANGE PROPOSALS; CHANGE PROPOSAL PROCEDURES Amend the first sentence of Paragraph 11.09.B.1. of the General Conditions to read as follows: “Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than ten days) after the start of the event giving rise thereto, or after such initial decision. And as so amended Paragraph 11.09.B. remains in effect. ARTICLE S.C. 12.01 CLAIMS; SUBMITTAL OF CLAIM Amend the first sentence of Paragraph 12.01.B. of the General Conditions to read as follows: “The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than ten days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. And as so amended Paragraph 12.01.B. remains in effect. Except as specifically authorized in writing by the Engineer at the time additional work is done beyond the original scope of the Contract Documents, the Contractor shall have and make no claims for additional compensation. The Contractor's plea of ignorance of foreseeable conditions which will create difficulties or hindrances in the execution of the work will not be acceptable to the Owner as an excuse for any failure of the Contractor to fulfill the requirements of the Contract Documents, and shall not be a basis for the Contractor's claim for additional compensation. Any discrepancies in or conflicts between the items described in these Contract Documents must be submitted, in writing, to the Engineer for adjustment prior to proceeding with the work, as any claims for additional compensation to achieve compliance with the requirements of those items will not be allowed or considered. ARTICLE S.C. 13.03.E. ADJUSTMENTS IN UNIT PRICE ARTICLE G.C. 13.03.E. shall be amended by deleting this section in its entirety and substituting instead the following language: "There will be no adjustment in unit price for increased or decreased quantities under this Contract." C-700-79 ARTICLE S.C. 14.02 TEST, INSPECTIONS, AND APPROVALS ARTICLE G.C. 14.02.B shall be amended by deleting this section in its entirety and substituting instead the following language: The project site sampling and testing of materials, called for hereinafter, shall be conducted by an independent testing laboratory approved by the Engineer, except as otherwise specified. All “Contractor” testing required by the SALT Schedule of Materials Control shall be paid for by the Contractor at all specified locations. All “Agency” and “Contracting Authority’s Representative” testing shall be ordered and paid for by the Owner. The Contractor shall provide whatever services are needed to sample materials and perform these tests at all specified locations. Tests shall be made in accordance with the American Society for Testing and Materials (ASTM) Standard and Tentative Specifications that apply, except as otherwise specified. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. The Contractor shall inform the Engineer when the construction item is ready to be tested. The Engineer may elect to delay the testing a reasonable amount of time to incorporate a larger area or quantity. All initial “Agency” tests at the specified locations shall be ordered by the Engineer and paid for by the Owner. Signed copies of all test reports shall be sent at once to the Engineer and the Contractor. These copies shall be received by the Engineer prior to authorizing the placement of any materials. The City is not responsible for delays caused by the testing laboratory. Should the specified tests fail to meet the requirements of the specifications, the Contractor shall take such additional tests at his expense as may be required to satisfy the Engineer that the materials conform to the specifications. The Contractor shall provide the Engineer with a letter from an approved testing laboratory indicating that all materials meet the requirements of the specifications and all tests as required have been completed according to specifications. Rejected materials shall immediately be removed from the site and shall not be used in the work. Signed copies of all reports on tests shall be sent at once to the Engineer and the Contractor. These copies shall be received by the Engineer prior to the placing of any of the tested items. Rejected materials shall immediately be removed from the site and shall not be used in the work. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. Density test will be by "Specified Density" method. C-700-80 ARTICLE S.C. 14.03.D DEFECTIVE WORK; CORRECTION, REMOVAL AND REPLACEMENT Amend Paragraph 14.03.D. of the General Conditions by inserting the following after the first sentence: “Correction work for bituminous surfacing shall conform to the requirements and standard plates in the City’s right-of-way ordinance.” And as so amended Paragraph 14.03.D. remains in effect. ARTICLE S.C. 15.01 PROGRESS PAYMENTS The Contractor must pay subcontractor(s) in accordance with Minnesota Statute 337.10 Building and Construction Contracts; Prohibited Provisions. After Substantial Completion, the Owner shall pay an amount sufficient to increase total payments to Contractor in accordance with Minnesota Statute 15.72 Progress Payments on Public Contracts; Retainage. ARTICLE S.C. 15.06 FINAL PAYMENT Before final payment is made for the work on this project, the Contractor must make a satisfactory showing that he has complied with the provisions of M.S.A. 290.92 requiring the withholding of State income taxes for wages paid to employees on this project. Receipt by the Owner of the Certificates of Compliance from the Commissioner of Taxation (IC-134) will satisfy this requirement. The Contractor is advised that before such certificate can be issued, he must first place on file with the Commissioner of Taxation an affidavit that he has complied with the provisions of M.S.A 290.92. The required affidavit form will be supplied by the Commissioner of Taxation, Centennial Office Building, St. Paul, Minnesota, on request. ARTICLE S.C. 15.08.A CORRECTION PERIOD Amend the first sentence of Paragraph 15.08.A. of the General Conditions to read as follows: “If within two years after the date of substantial completion in utility trench areas and one year after the date of substantial completion for the remainder of the construction, or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR’s use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions: (i) repair such defective land or areas, C-700-81 or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom.” And as so amended Paragraph 15.08.A. remains in effect. ARTICLE S.C. 18 MISCELLANEOUS ADD: ARTICLE S.C. 18.11 NON -DISCRIMINATION TOWARD HANDICAPPED PERSONS Before final payment is made for work on this project, the Contractor shall submit a letter to the Owner stating that the Contractor's firm maintains a policy of non-discrimination towards persons with handicapped conditions. DIV I - GENERAL - PAGE 1 OF 14 DIVISION I GENERAL REQUIREMENTS (Revised 2014) DIV I - GENERAL - PAGE 2 OF 14 TABLE OF CONTENTS DIVISION I GENERAL REQUIREMENTS Page 1. General ....................................................................................................................... 3 2 Scope of Work ............................................................................................................ 3 3. Description of Project ................................................................................................ 3 4. Work Sequence .......................................................................................................... 3 5. Award of Bids ............................................................................................................. 4 6. Preconstruction Conference ...................................................................................... 4 7. Protection of Existing Facilities ............................................................................... 4-5 8. Construction Stakes -- Alignment and Grades ........................................................... 5 9. Inspection of Work ..................................................................................................... 5 10. Rubber-Tired Equipment ........................................................................................... 6 11. Site Maintenance .................................................................................................... 6-7 12. Final Inspection .......................................................................................................... 7 13. Sampling and Testing ................................................................................................. 8 14. Temporary Sanitary Facilities ..................................................................................... 8 15. Protection of the Public ............................................................................................. 9 16. Traffic Provisions, Signing and Public Safety ............................................................. 9 17. Protection of Adjacent Properties ............................................................................. 9 18. Air and Water Pollution ........................................................................................... 10 19. Erosion Control ........................................................................................................ 10 20. Construction Limits .................................................................................................. 10 21. Time of Work ........................................................................................................... 10 22. Liquidated Damages................................................................................................. 11 23. Compensation for Increased or Decreased Quantities ........................................... 11 24. Dewatering ............................................................................................................... 11 25. Temporary Water ..................................................................................................... 11 26. Special Provisions ................................................................................................ 12-14 DIV I - GENERAL - PAGE 3 OF 14 DIVISION I GENERAL REQUIREMENTS 1. GENERAL The General Conditions and Instructions to Bidders of the Work under contract as set forth in these Contract Documents shall apply to all work and materials furnished under these General Requirements and Technical Specifications except as may be hereinafter modified. 2. SCOPE OF WORK The Work to be carried out under these General Requirements shall include furnishing all labor, materials, tools, and equipment necessary for the construction of the proposed improvements, complete in place as described in these General Requirements. 3. DESCRIPTION OF PROJECT Work on this Project includes the following improvements: Concrete curb and gutter, pedestrian ramp, sidewalk, steps, or flatwork removals and repairs or installations at spot locations throughout the City. Pedestrian ramps shall be constructed in accordance with MnDOT standard plans 5-297.250, Sheets 1-6, dated January 23, 2017. The type of ramp shall be approved by the Engineer prior to construction. 4. WORK SEQUENCE Prior to the start of any work, as noted elsewhere in these Contract Documents, the Contractor shall submit in writing to the Engineer for approval, a schedule of procedure and after once approved, he shall not deviate from it without written permission from the Engineer. The schedule of procedure shall indicate the number of crews and men to be employed, locations of work for each crew, time schedule, work sequence, and moves and other pertinent information as required by the Engineer. The Contractor shall perform the work in such a manner as to cause the least interference with and delay to such other work as may be in progress at the time, by other contractors. DIV I - GENERAL - PAGE 4 OF 14 5. AWARD OF BIDS As noted in the Instructions to Bidders, the City Council will be considering Award of Bids of the work at its regular meeting on Monday, April 26, 2021. It is anticipated that the City Council will award the contract at that time. It should be noted that there will be no compensation for increased or decreased quantities and the City reserves the right to reduce certain quantities or delete certain items from each section of the bids as the City considers the Award of Bids. 6. PRECONSTRUCTION CONFERENCE Prior to the start of the work, there will be a preconstruction conference arranged by the Engineer. Representatives of the Engineer and Contractor (including his project superintendent) shall be present at this meeting. At this meeting, the Contractor shall designate a competent project superintendent who shall be familiar with all phases of the work to be executed and who shall oversee the work during its progress. The project superintendent shall represent the Contractor in his absence, and communications and directions given by him shall be as binding as if given to the Contractor. Also at this meeting, the Contractor shall submit in writing to the Engineer for approval, a schedule of procedure indicating the order in which the Contractor proposes to perform the various stages of the work, the dates on which he will start the several salient features thereof (including procurement of materials, plant and equipment), and the contemplated dates for completing the same. This schedule shall be in the form of a bar chart of a suitable scale to indicate appropriately the percentage of work scheduled and completed by weekly intervals. The Contractor shall not deviate from said schedule after it has been approved without the permission of the Engineer. 7. PROTECTION OF EXISTING FACILITIES A. The utility information shown on the plans has been provided by the supplier(s), including the City of Columbia Heights. The utility information is quality level “D”. This utility quality level was determined according to the guidelines of CI/ASCE 38-02, entitled “Standard Guidelines for collection and depiction of existing subsurface utility data”. The owner does not guarantee the locations as shown on the plans. It is the Contractor's responsibility to ascertain the final location of these utilities by field verification (including municipal water and sewer lines and appurtenances) and to notify the utility companies or affected agency a minimum of 72 hours prior to the commencement of work in each area. DIV I - GENERAL - PAGE 5 OF 14 The Contractor shall notify the Engineer of any conflict between the existing utilities and the proposed construction. The Engineer in cooperation with utility companies, shall determine the necessity for any relocation of these utilities. B. The Contractor shall protect all existing utilities and facilities so that they will continue to function in their proper manner both during construction and in the future. Any supporting structure that may be required because of the Contractor's operations shall be provided by him. The Contractor shall bring to the attention of the Engineer any conditions such as sand in manholes or valve boxes existing prior to the Contractor's excavation. Once excavation has commenced, it will be assumed that all damage to underground utilities has been caused by the Contractor's operations and it will be his responsibility to make the necessary repairs. 8. CONSTRUCTION STAKES -- ALIGNMENT AND GRADES All work under this Contract shall be constructed in accordance with lines and grades shown on the drawings and as established by the Engineer. These lines and grades may be modified by the Engineer as provided in the General Conditions. The Contractor shall render such assistance to the Engineer as may be required to accomplish the staking for proper execution of the work. The Contractor shall give the Engineer sufficient notice (two working days or more) of his need for the establishment of line and grade. After lines and grades for any part of the work have been set by the Engineer, the Contractor shall be held responsible for the proper execution of the work to such lines and grades until their removal is authorized by the Engineer. The Contractor shall, at his own expense, correct any mistakes caused by their unauthorized disturbance or removal. The Engineer may require that work be suspended at any time when, for any reason, such marks cannot be properly followed. No additional compensation shall be allowed the Contractor for any claims of crews being held up because of lack of line and grade stakes unless he has submitted a written request to the Engineer at least two working days in advance and is following a previously approved schedule of work. 9. INSPECTION OF WORK A. The Owner shall have the right to inspect the work at the job and storage site(s). The Contractor shall facilitate access to the work for the purpose of said inspection. B. Defects or departures from the Contract Documents uncovered during inspections shall be corrected by the Contractor at his expense. DIV I - GENERAL - PAGE 6 OF 14 10. RUBBER-TIRED EQUIPMENT The Contractor shall provide and use only rubber-tired dozers, front-end loaders and other necessary equipment, other than the paving machine, on all work where street pavement or portions of pavement are undisturbed. All such pavements shall be protected as the Engineer may direct. No compensation will be allowed the Contractor for replacement of damaged street pavements or utilities not scheduled for replacement. 11. SITE MAINTENANCE Maintenance of the streets and areas under construction, detours, by-passes and equipment yards, used in conjunction with the project, shall be the responsibility of the Contractor. Said maintenance shall include keeping the streets free of obstacles, parked equipment, barricades that are not in use, blading the traveled ways and controlling the dust in the construction area. The Contractor shall be responsible for construction of all necessary temporary haul roads required to complete the required excavation and disposal. Construction of temporary haul roads shall also include placement of necessary granular material over existing bituminous roadway surfaces. This material shall be of sufficient depth to allow for protection of existing bituminous surfaces. Construction of necessary haul roads shall be considered an incidental item to other construction items and no direct compensation will be made. When dust becomes or appears to be becoming a nuisance or problem to the area, or nearby residents, it shall be the responsibility of the Contractor to immediately alleviate the undesirable conditions. The maintenance responsibility, herein described, shall be inherent to the Contractor and shall be applicable at all times, including weekends, throughout the construction period. The Contractor shall provide periodic inspection of the project, particularly during and after storms, to maintain blinker and barricades, provide dust and erosion control and general maintenance. If the Contractor is negligent in this respect, the City reserves the right to perform this work with its own forces at overtime rates. The costs of such work will be charged to the Contractor. Section 2130 of the specifications is hereby amended to provide that the Contractor shall furnish and apply all water necessary on the project, including water used as dust palliative, washing of equipment, etc., and that such water shall be considered as an incidental item to the Contract and no direct payment will be made therefore. If the Contractor elects, he may use water from the City’s water distribution system at no charge, provided he makes suitable arrangements with the Water Department. Water from private sources may be used only if permission has been granted by the property owner. DIV I - GENERAL - PAGE 7 OF 14 Disregard of this provision shall be cause for suspension of the project until the Contractor can show evidence that men have been hired specifically to perform the above and will be on the project all at times. Where materials or debris have washed or flowed into or have been placed in ditches, gutters, drains, catch basins or elsewhere as a result of the Contractor’s operations, such material or debris shall be removed and satisfactorily disposed of during progress of the work. All ditches, channels, drains, etc., shall be kept in clean and neat conditions. The construction area must be cleaned up daily. The Contractor shall remove all debris associated with the items of work included under this Contract. This debris shall be removed upon completion of each phase of the work or at such other times as may be necessary for coordination of the work of the Owner or others, the safety of employees, and the public or as required by applicable codes and regulations. Should the Contractor not remove rubbish or debris or not cleanup the site as specified above, the Owner reserves the right to have this work done by others and charge the Contractor for the expense of said work. Streets in the area not under construction shall be kept free of construction materials, dirt and other undesirable material. 12. FINAL INSPECTION Upon written notice from the Contractor that the project is completed, the Engineer will make a preliminary inspection with the Contractor present. Upon completion of this preliminary inspection the Engineer will notify the Contractor, in writing, of any particulars in which this inspection reveals that the work is defective or incomplete. Upon receiving the written notice from the Engineer, the Contractor shall immediately undertake the work required to remedy defects and complete the project to the satisfaction of the Engineer. When the Contractor has corrected or completed the items as listed in the Engineer's Written Notice, he shall inform the Engineer, in writing, that the required work has been completed. Upon receipt of this notice, the Engineer, in the presence of the Contractor shall make his final inspection of the project. Should the Engineer find all work satisfactory at the time of this inspection, the Contractor will be allowed to make application for final payment in accordance with the provisions of the Contract Documents. Should the Engineer still find dissatisfaction with the work, the Engineer will inform the Contractor of the deficiencies and will deny the Contractor's request for final payment, until such time as the Contractor has satisfactorily completed the required work. DIV I - GENERAL - PAGE 8 OF 14 13. SAMPLING AND TESTING Sampling and testing of materials for this project will be in accordance with the Minnesota Concrete Flatwork Specifications (Division II). These establish the size of samples and the minimum rate of testing, but in no way affects Specification requirements for the material. The project site sampling and testing of materials, called for hereinafter, shall be conducted by an independent testing laboratory approved by the Engineer, except as otherwise specified. All “Contractor” testing required by the Minnesota Concrete Flatwork Specifications shall be ordered and paid for by the Contractor at all specified locations. All “Contracting Authority’s Representative” testing shall be ordered and paid for by the Owner. The Contractor shall provide whatever services are needed to sample materials and perform these tests at all specified locations. Tests shall be made in accordance with the American Society for Testing and Materials (ASTM) Standard and Tentative Specifications that apply, except as otherwise specified. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. The Contractor shall inform the Engineer when the construction item is ready to be tested. The Engineer may elect to delay the testing a reasonable amount of time to incorporate a larger area or quantity. All initial “Contracting Authority’s Representative” tests at the specified locations shall be ordered by the Engineer and paid for by the Owner. Signed copies of all test reports shall be sent at once to the Engineer and the Contractor. These copies shall be received by the Engineer prior to authorizing the placement of any materials. The City is not responsible for delays caused by the testing laboratory. Should the specified tests fail to meet the requirements of the specifications, the Contractor shall take such additional tests at his expense as may be required to satisfy the Engineer that the materials conform to the specifications. The Contractor shall provide the Engineer with a letter from an approved testing laboratory indicating that all materials meet the requirements of the specifications and all tests as required have been completed according to specifications. Rejected materials shall immediately be removed from the site and shall not be used in the work. 14. TEMPORARY SANITARY FACILITIES The Contractor shall furnish and maintain a temporary closet or privy of a type and a location approved by the Engineer. Any person working on the project shall be allowed to use the facility. The facility shall be removed when directed by the Engineer. DIV I - GENERAL - PAGE 9 OF 14 15. PROTECTION OF THE PUBLIC The Contractor shall provide all necessary barricades, fences and other protection as required for the proper execution of the work and for the protection of his employees, employees of the Owner, and other personnel according to all Federal, State, and Local regulations. This provision shall be incidental to the construction and no direct compensation will be paid therefor. 16. TRAFFIC PROVISIONS, SIGNING AND PUBLIC SAFETY - MN/DOT 1404 AND 1710 SHALL APPLY EXCEPT AS SUPPLEMENTED BELOW: A. All work under this Contract which may affect traffic shall be coordinated with the Engineer so as to provide reasonable traffic access to the area under construction. The Engineer reserves the right to require immediate backfilling of any street area which the Engineer deems to be in the best interests of traffic circulation within the City. The Contractor shall be responsible to maintain the backfilled trench in a condition to allow the passage of traffic until such time as restoration or reconstruction of the surface. No additional compensation will be paid for this maintenance. B. The Contractor shall furnish, erect, and maintain warning lights and barricades as required by the Engineer to adequately warn and protect pedestrian and vehicular traffic from hazardous protrusions, materials, excavations, etc., resulting directly or indirectly from the construction. No payment will be made therefore. These lights, signs, etc., shall be placed by the Contractor in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). C. At all times the Contractor shall prosecute his work in a manner which will allow access to all areas within the project by police and fire departments. 17. PROTECTION OF ADJACENT PROPERTIES The Contractor shall take whatever steps are necessary to protect adjoining properties and structures from hazards in connection with his performance of the work. The Contractor shall be responsible for all damages to properties and structures that occur as a result of his operations. Existing property iron monuments (capped or uncapped) disturbed by the Contractor shall be replaced at the Contractor's expense. Existing irrigation and pet containment systems disturbed by the Contractor shall be repaired at the Contractor’s expense. DIV I - GENERAL - PAGE 10 OF 14 18. AIR AND WATER POLLUTION Pollution of natural resources of air, land, and water by operations under this Contract shall be prevented, controlled and abated in accordance with the rules, regulations, and standards adopted and established by the Minnesota Pollution Control Agency. The Contractor shall be responsible for dust control as an incidental item. 19. EROSION CONTROL Erosion control measures installed and maintained by the Contractor shall meet or exceed the requirements in the National Pollutant Discharge Elimination System (NPDES) Permit, whether or not a General Stormwater Permit for Construction Activity is required from the Minnesota Pollution Control Agency for this project. Erosion control shall include but not limited to the following: • filter fence, • fiber blanket/logs, • soil stabilization methods, • diversion ditches, • storm drain inlet protection, all which will be considered incidental to the project cost unless a pay item is provided. If the erosion control materials need to be removed to facilitate construction, these materials shall be replaced as soon as the construction item is completed. Failure to maintain the erosion control will be sufficient cause to withhold further payments on the project until the maintenance is complete. In addition, concrete ready-mix trucks shall have self-contained wash-out units. 20. CONSTRUCTION LIMITS The Contractor shall confine operations to the limits of the construction area. Prior to beginning work, it is the intent of the City to have obtained the necessary rights-of-way and easements. The Contractor shall contact the Engineer and obtain permission before storing, stockpiling, building haul roads, excavation, etc., outside of the right-of-way. 21. TIME OF WORK The Contractor shall notify the Owner in advance of all times when men and equipment are to work on this construction. In accordance with ordinances of the City of Columbia Heights, no work on this project shall take place between the hours of 7:00 p.m. and 7:00 a.m. and any time on Sundays, unless permission has been granted by the Owner. DIV I - GENERAL - PAGE 11 OF 14 22. LIQUIDATED DAMAGES Section 1807.2, Wavier of Liquidated Damages, is amended by eliminating the second paragraph in its entirety. Liquidated damages will accrue during the period from November 1st to April 15th inclusive, if the work has not been completed according to the stipulated schedule for substantial and final completion. 23. COMPENSATION FOR INCREASED OR DECREASED QUANTITIES Delete Paragraphs 1 through 3, MnDOT Section 1903 and substitute the following: "There will be no adjustment in unit price for increased or decreased quantities under this Contract." 24. DEWATERING The Contractor shall provide excavation dewatering as necessary to allow for construction on stable foundation all at the expense of the Contractor. Dewatering operations may be controlled by permit from the DNR or other agencies. The Contractor is responsible for application for any necessary permits and compliance with all conditions to permits. 25. TEMPORARY WATER Water for new construction purposes may be obtained from the City. The Contractor shall make suitable arrangements with the Water Department for the location where water may be obtained. The City will not charge for water for all normal requirements, but reserves the right to charge the costs of any water which is used over these normal requirements; such cost to be charged to the contractor. DIV I - GENERAL - PAGE 12 OF 14 DIVISION I SPECIAL PROVISIONS - GENERAL REQUIREMENTS 26. SPECIAL PROVISIONS 2. SCOPE OF WORK Materials used on the project must be from the MnDOT Approved/Qualified and Certified Product Lists when product types are listed. The sawing or cutting of any existing monolithic sidewalks, or concrete structures, driveways, curbs and gutters, or bituminous pavement to allow proper matching with new construction shall be accomplished by the Contractor as an incidental item to the contract. Common excavation and removal of roots shall be considered incidental to the contract. The Contractor shall grade turf and landscape areas to match new construction, as directed by the Engineer. Restore turf and landscape areas as specified herein. Topsoil and sod or seed shall be placed in accordance with the most current MnDOT Specifications. Turf and landscape restoration shall be considered incidental to the contract. The contractor shall inform the adjacent property owner to water the sod or seed. A. Topsoil Topsoil, meeting MnDOT Specification 3877 “Common Topsoil Borrow”, is intended to be furnished and placed 6" thick on all sod and seed areas. The material shall be compacted firmly and raked prior to placement of sod or seed. B. Sod Sod shall meet the requirements of MnDOT Specification 3878, Type A – Lawn Sod. No sod shall be placed on existing sod, but shall be "cut in" to abut existing sod. The minimum "piece" of sod which can be placed shall be one roll width by 18". C. Seed and Erosion Control Blanket Seed and erosion control blanket will be installed only at locations approved by the City Engineer. Seed shall be MnDOT Seed Mixture No. 25-151, High Maintenance Turf. Fiber erosion control blanket shall be Futerra, as manufactured by Profile Products. Blanket shall be installed in accordance with manufacturer’s recommendations. DIV I - GENERAL - PAGE 13 OF 14 D. Landscape Areas Landscape areas shall be restored in kind. City of Columbia Height forces shall repair bituminous pavement, driveway and trails. 3. DESCRIPTION OF THE PROJECT Work may be done on MnDOT and Anoka County right-of-ways. MnDOT TH 47 and TH 65 as well as Anoka CSAH 2, Anoka CSAH 4, and Anoka County Road 102 are within the corporate limits of Columbia Heights. The Contractor is responsible to obtain the required work within right-of-way permits from these agencies. 4. WORK SEQUENCE Unless otherwise noted, all work listed in the Supplemental Information for Phase 1 must be completed by June 18, 2021. Phase 2 must be completed by September 24, 2021. The City shall provide the Contractor with Phase 2 location list approximately 30 days prior to the scheduled Phase 2 completion date. The City may extend the Phase 2 completion date if requested by the Contractor. The Contractor shall schedule work to comply with the following requirements:  Aggregate base and new concrete structures shall be installed a maximum of 24 hours after removals at each location are complete.  Backfilling shall be placed as soon as possible after removal of the forms.  Topsoil and sod shall be installed within 7 calendar days of concrete placement. Contractor shall notify adjacent property owner that yard has been restored and requires watering. 11. SITE MAINTENANCE If the Contractor is negligent in performing site maintenance, the City reserves the right to perform this work with its own forces and invoice the Contractor at the City’s cost times an overhead multiplier of 2.9. DIV I - GENERAL - PAGE 14 OF 14 13. SAMPLING AND TESTING Testing shall be performed as stated in Division II “Minnesota Concrete Flatwork Specifications”. 16. TRAFFIC PROVISIONS, SIGNING AND PUBLIC SAFETY Traffic shall be maintained in accordance with MnDOT 1404 and traffic control devices shall be furnished in accordance with MnDOT 1710 and the following: The Contractor shall furnish, install, maintain and remove all traffic control devices in accordance with the Traffic Control Layouts/Typical Traffic Control Layouts in the Plans (if applicable), these Special Provisions, and the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) C including the most recent edition of the Field Manual for temporary traffic control zone layouts. The Engineer will have the right to modify the requirements for traffic control as he/she deems necessary due to existing field conditions. 19. EROSION CONTROL If the Contractor is negligent in maintaining erosion control measures, the City reserves the right to perform this work with its own forces and invoice the Contractor at the City’s cost times an overhead multiplier of 2.9. 1 SPECIAL PROVISIONS - SP2018 BOOK Created October 20, 2017 Last Revision by CO Special Provisions: 2/05/20 S-60 (1804) PROSECUTION OF WORK (ADA) REVISED 10/25/18 SP2018-52 The provisions of MnDOT 1804 are supplemented and/or modified with the following: S-60.1 SPECIAL PROJECT ADA REQUIREMENTS All pedestrian facilities on this Project must be constructed according to Public Rights-of-Way Accessibility Guidelines (PROWAG) which can be found at: http://www.dot.state.mn.us/ada/pdf/PROWAG.pdf. The appropriate pedestrian ramp details for each quadrant are included in the Plan. The Engineer may provide additional details to those provided in the Plan that meet the PROWAG guidelines as the need arises and field conditions dictate. (A) The Contractor must designate a responsible person competent in all aspects of PROWAG to assess proposed sidewalk layouts at each site before work begins. The designated person must have attended the MNDOT ADA Construction Certification Course and received a passing score, with in the past 3 years. For class dates and locations please refer to the following link at: http://www.dot.state.mn.us/ada/training.html. A minimum of one person per project must possess a valid ADA Construction Certification card anytime ADA work is being performed on the project. If work on electrical components is the only ADA work taking place on the project the electrician must have in their possession a current MNDOT Signals and Lighting Certification. ADA work shall include, but not be limited to, the following: assessment of proposed sidewalk layouts at each site before work begins, determining and marking removal limits for work pertaining to pedestrian facilities, all ADA related removals and grading, forming and finishing of concrete at all pedestrian facilities, paving pedestrian crossings, placing bituminous pedestrian facilities, final grading, and pavement markings. Any ADA work not listed above can be added at the discretion of the Engineer. An ADA Certified person is not required on site if the only work being performed concerns traffic signals and APS installations. These requirements shall be effective as of May 1, 2019. Any time work the Contractor is performing concerns pedestrian facilities, the Contractor’s ADA Certified person shall be on site. (B) Pedestrian facilities must be constructed to meet the following criteria: (1) Pedestrian Access Routes (PAR) must be constructed to meet the following: • Minimum 4 feet width. • A maximum cross slope of 2.0%. • Vertical discontinuities must be less than 0.25 inches. • Must provide positive drainage without allowing any ponding and maintain existing drainage flow patterns unless indicated otherwise in the Plan. • All grade breaks shall be constructed perpendicular to the path of travel. • Maximum 5% running slope unless adjacent roadway profile exceeds 5%. (2) Landings are part of the PAR and must be constructed to meet the following: • 4 feet by 4 feet minimum width and shall match full width of incoming PAR. • Maximum slope of 2.0% in all directions. • Required at all locations where the PAR changes directions or inverse running slopes are >2%. • Must be connected to the PAR. • Shall be constructed as a single plane surface having no grade breaks. (3) Ramps are part of the PAR and must be constructed to meet either of the following criteria: • Longitudinal slopes less than 5% in the direction of travel requires no landing at the top of the ramp (unless the PAR changes direction). • Longitudinal slopes between 5 - 8.3% in the direction of travel require a landing at the top of the ramp. (C) The Contractor and the Engineer shall work together to construct all pedestrian facilities set forth in the plans and in the above Section S-57.1.B. 2 If the plan or site conditions do not allow accessibility standards to be met, the Contractor shall consult with the Engineer to determine a resolution. The Engineer shall respond to the Contractor, in a timely manner (up to 24 hours), with a solution on how to proceed. The Contractor shall mitigate any potential delays by progressing other available work on the project. If the Contractor constructs any pedestrian facilities that are not per Plan, do not meet the above requirements in Section S-57.1.B, or do not follow the agreed upon resolution with the Engineer, the Contractor will be responsible for correcting the deficient facilities with no compensation paid for the corrective work. The following hold points will be utilized in the construction of pedestrian facilities. (1) Removals - The Contractor and the Engineer shall use the appropriate ramp, sidewalk, and driveway details in the Plan, and calculate the removal limits for the sidewalk and curb and gutter. If it is determined that the removal limits will exceed the plan removal limits by more than 10 feet and the plan removal limits are not adequate to meet PROWAG and MnDOT Standards, the Contractor shall consult with the Engineer to determine a solution. Once the Engineer and the Contractor reach an agreement on how to proceed, the Contractor may finish the removals. (2A) Curb and Gutter at Quadrants – Prior to pouring the curb and gutter at curb ramps the Contractor and the Engineer must verify that the curb and gutter will work with any vertical constraints (doorways, steps, bus stops, outwalks and landing areas). Prior to pouring curb and gutter at quadrants the Contractor must verify the zero height curb, and curb transitions will be located as shown in the Plans and will provide an adequate detectable edge as shown on Standard Plan 5-297.250 (Sheet 4 of 6). Verify curb tapers are constructed at correct heights so that positive boulevard slopes and drainage is maintained away from landings and sidewalks, to the newly constructed curb and gutter sections. The Contractor shall verify that the proposed gutter flow lines will provide positive drainage as well as maintain existing drainage patterns including existing gutter inflows/outflows. The curb and gutter shall be constructed as detailed in the Plan with a defined flow line and with no vertical discontinuities over ¼”. For required flow line corrections including curb line raises and curb ramp cross slope “tabling”, see Standard Plan 5-297.250 (Sheet 6 of 6). Curb shall be poured at 3% inflow around the radius or at a minimum distance of 10 feet from any zero height curb section when machine placed. The Contractor shall consult with the Engineer to determine a resolution if any of these conditions cannot be met. Once the Engineer and the Contractor reach an agreement on how to proceed, the Contractor may proceed with pouring the curb and gutter. (2B) Curb and Gutter at Roadway Sections - Prior to pouring curb and gutter at roadway sections the Contractor must verify proposed curb and gutter heights will work with existing roadway and shoulder slopes. The Contractor shall verify prior to placing the pedestrian facilities that positive drainage is maintained within public Right-Of-Way (R/W), as well as maintaining existing off R/W drainage. The Contractor shall check to ensure all top back of curb elevations will allow for adequate boulevard slopes, PAR slopes, and widths as shown on Standard Plan 5-297.254 (Sheet 4 of 4) while maintaining all vertically constrained match points (doorways, steps, bus stops, outwalks and landing areas). The Contractor shall check all driveway locations and widths and follow driveway details and plans for all driveway layouts including curb heights and curb tapers. Driveway curbs sections and aprons shall be constructed to minimize changes in the sidewalk width, alignment, and profile. The Contractor shall consult with the Engineer to determine a resolution if any of these conditions cannot be met. Once the Engineer and the Contractor reach agreement on how to proceed, the Contractor may proceed with pouring the curb and gutter. (3) Forming and Finishing - After the curb and gutter has been correctly poured, and the Contractor has set the sidewalk forms, the Contractor shall verify prior to placing the curb ramps and sidewalks that positive drainage is maintained within public R/W, as well as maintaining existing off R/W drainage, and that all the requirements in Section S-57.1.B will be achieved. Ramps – In addition, the longitudinal slopes shown in the Construction Plans and the Standard Plan shall be utilized unless these conditions cannot be met. The starting point for setting the forms on the controlling ramp leg, landing, and sidewalk slopes should be the following: Steep (S) = 7% Flat (F) = 4% Landing = 1% 3 Sidewalk Cross Slope = 1.5% If any of these requirements cannot be met the Contractor shall meet with the Engineer to determine the best solution. Once the Engineer and the Contractor reach an agreement on how to proceed, the Contractor may proceed with the curb ramp and sidewalk pour. Landings – An initial landing is the first required landing of a pedestrian ramp. All initial landings required at the top of a ramped sloped surface (>2% longitudinal slope), shall be formed and placed separately in an independent concrete pour. This does not include initial landings placed at roadway grade such as depressed corners, parallel ramps, rural flat landings, or flat cut-throughs. Secondary landings consist of all landings beyond the initial landing. These secondary landings do not require a separate landing pour. Wet casting or drill and grouting of reinforcement bars will be required in accordance with the details shown in Standard Plan 5-297.250 (Sheet 6 of 6). Wet casting of reinforcement bars shall be installed through holes or slots in the forms, with a form height at least equal to the walk thickness of the formed concrete shown in the plans. These bars shall be deformed and installed with 2 inch minimum concrete cover. When not accounted for in the Plan, payment for these bars will be made under Item 2301.602 (Drill & Grout Reinforcement Bar (Epoxy Coated) by the Each at the Predetermined Price of $10.00 per bar furnished and installed. All necessary subgrade preparation and aggregate base placement for the entire ramp construction limit shall be done before the initial landing is constructed at each location. (D) It shall be the responsibility of the Contractor, or Contractor’s Surveyor if applicable, to lay out all proposed work at each intersection in accordance with the Plan and requirements listed in this Special Provision. The Contractor may confer with the Engineer for guidance in laying out the proposed work, but it will be the Contractor’s responsibility to ensure the proposed work meets all the requirements of this Special Provision. This layout includes, but is not limited to placement of grade breaks, curb transitions, gutter flow lines, truncated dome placement, crosswalk marking placement, flares, landing limits, removal limits, driveway tie in limits, and ramp limits. It is important that the Contractor lay out this work properly to achieve the construction of a compliant pedestrian facility. The owner’s surveyor will only stake points and elevations provided in the Plan. For custom designs, other than specific dimensions provided in the Plan, the Contractor shall be expected to scale dimensions from the Plan as needed to construct the facility. If scaled dimensions do not allow for a facility to be constructed to meet the requirements of this Special Provision, the Contractor shall follow the process listed in Section S-57.1.C. This layout work shall be incidental. (E) The Contractor shall utilize measures and methods when working near existing buildings that will avoid damaging the building’s face or structure. The contractor will be responsible for any damage to the building’s face or structure, both below and above ground. Any damage resulting from Contractor’s operations will be repaired at the Contractor’s expense to the satisfaction of the Engineer. (F) The Contractor will round all joints and edges with a 1/4 inch radius grooving or edging tool within the PAR. This requirement includes all curb and gutter joints at zero inch height curb sections at curb ramps. Contraction joints shall extend to at least 30 percent of walk thickness. The Contractor shall also have the option of providing saw cuts to construct the sidewalk joints. If saw cutting, provide 1/8 inch wide contraction joints within the PAR, including all curb and gutter joints at zero inch height curb sections. When greater than 50 feet of continuous sidewalk runs are constructed the contractor shall saw cut all joints. This work shall be incidental. The top grade break of walkable flares needs a visual joint to indicate a change in grade. To eliminate the use of excessive contraction joints in the quadrant the visual joint shall meet MnDOT 2521.3.C, except the depth requirement is reduced to 1/4 inch. In sections where concrete boulevard is placed between the back of curb and the sidewalk, the 1/2 inch preformed joint filler material shall be placed at the back of curb and between the outside edge of sidewalk at existing building or structures. The 1/2 inch wide preformed joint filler shall not be placed in the longitudinal joint between the sidewalk and boulevard, unless it is necessary to provide expansion at fixed structures. At locations where sidewalk is adjacent to existing buildings, extend walk up to the edge of building and place 1/2 inch preformed joint filler 1/2 inch lower than top of walk whenever possible. Furnish and install Backer Rod of appropriate diameter when joints are 1/4 inch wide or greater, clean surfaces and apply approved silicon joint filler to flush with top of walk. If the transverse sidewalk and boulevard joint layouts cannot be aligned, use approved preformed joint filler with a maximum 1/8 inch width and place between the sidewalk and boulevard to prevent contraction joints from migrating into the adjacent concrete panels. 4 (G) The minimum continuous and unobstructed clear width of a pedestrian access route shall be 4.0 feet. All new or reconstructed sidewalk widths shall match or exceed in place sidewalk and in no case shall it be less than 5.0 feet in width except at locations where obstructions cannot be moved or at driveways where slopes exceed the maximum allowable grades. The cross slope of the sidewalk or shared use path shall not exceed 2%, and shall be measured perpendicular to the path of travel across the entire surface width of the sidewalk or shared use path. Curb ramps should match proposed sidewalk PAR width and shall match full shared use path widths. Whenever possible, the entire landings should be placed in a single concrete placement. If this is not possible due to construction staging, follow requirements for reinforcement bar placement and tie adjacent landings together. In areas where the sidewalk is to be constructed around fixed structures and the grade has been changed, the sidewalk shall be finished around these structures to the satisfaction of the Engineer at no additional cost. Architectural elements such as brick pavers, concrete stamping, and multiple colored concrete placements shall be kept outside the curb ramps and landing areas. Any architectural elements that do not maintain a consistent flat smooth surface shall not be used within the PAR. 1 SPECIAL PROVISIONS - SP2018 BOOK Created October 20, 2017 Last Revision by CO Special Provisions: 02/26/21 S-261 (2563) ALTERNATE PEDESTRIAN ROUTE REVISED 03/09/18 SP2018-230 S-261.1 Maintain and guide pedestrian traffic through the Project at all times using continuous Alternate Pedestrian Routes (APRs) per standards set forth in the MN MUTCD Chapter 6D. Provide each APR to the same level of accessibility of each existing access and walkway prior to construction. Utilize accessible device standards as shown in the plan or in Figure 6K-5 in the Field Manual if a plan is not provided. Utilize bypass and detour standards as shown in the plan or in Layouts 88 and 89 in the Field Manual if a plan is not provided. Provide and place accessible pedestrian signals (APS), temporary curb ramps, pedestrian barricades, pedestrian channelizers, detectable edges, temporary walkway surfaces and other accessible design features as necessary. As needed, provide continuous temporary walkway surfaces that are smooth, stable and slip resistant in relevant weather conditions. Temporary walkway surfaces will allow the normal usage of wheelchairs, walkers, strollers, and other mobility devices. Concrete, bituminous, steel, rubber, wood (3/4 inch or thicker), and plastic are acceptable surface materials for the temporary walkway surface. Gravel, millings, or other uneven surfaces are not acceptable surface materials. Temporary walkway surface devices shall utilize dimensions from 6F.74.1 in the MN MUTCD. The temporary walkway surface shall be supported by a solid base. Any portable sign or barricade placed in or adjacent to a pedestrian walkway shall have a detectable edge to guide pedestrians with visual disabilities around the sign or barricade. S-261.2 Minimize disruption to pedestrians to the maximum extent feasible by providing APRs in the following order of preference: 1. Provide the APR on the same side of the street as the disrupted route utilizing bypasses. 2. Where it is not feasible to provide a same side APR, provide an APR on the other side of the street. 3. Where it is not feasible to provide an APR on the other side of the street, provide an APR detour with trailblazing signs. If existing parking spots are desired to be used for an APR route within the project limits, contact the City for approval and parking banning notification procedures. S-261.3 Schedule and coordinate the replacement of pedestrian access to accommodate the needs of businesses and residences 2 days prior to the replacement. Leave the existing sidewalks in-place until such time that it is required to remove them to accommodate new construction. Pedestrian access may be provided to businesses and homes through the use of any public access from adjacent parking lots and side streets. Provide front door access to buildings without alternate public entrances. S-261.4 Protect the pedestrian route with pedestrian barricades or pedestrian channelizing devices if it is adjacent to construction, excavation drop-offs, traffic, or other hazards. Protect the pedestrian route with portable barrier if it is on the shoulder, in a parking lane, or in a closed lane adjacent to traffic on a multilane road or if the speed limit is greater than 40 mph. When both sides of a pedestrian route require channelizing devices, use similar types, unless portable barrier is used to protect pedestrians from traffic. S-261.5 No pedestrian curb ramp or blended transition work shall occur concurrently at adjacent intersections. S-261.6 Notify the Engineer in writing at least 48 hours prior to the start of any construction operation that will necessitate a change in pedestrian access. 2 S-261.7 Furnish the name, address, email, and phone number of at least one individual responsible for the maintenance of the APR. This individual shall be “on call” 24 hours a day, seven days per week during the times any devices, furnished and installed by the Contractor, are in place. Submit the required information to the Engineer at the pre-construction meeting. Answer calls immediately and begin corrective measures needed within one hour. If the Contractor is negligent in correcting the deficiency within one hour of notification the Contractor shall be subject to a monetary deduction at the rate of $100.00 per hour when only one residence or location is affected and at the rate of $500.00 per hour in all other cases that the Engineer determines the Contractor has not complied. S-261.8 No measurement will be made of the various items that constitute APRs. Payment for all costs of the APRs, including furnishing, installing, maintaining and removing the individual devices, shall be included in the lump sum payment for traffic control. Minnesota Concrete Flatwork Specications Preapred by: David P. Frentress, P.E. Frentress Enterprises, LLC 56800 194th Street Park Rapids, Minnesota 56470 Jim Grothaus, Principal Investigator Center for Transportation Studies University of Minnesota March 2014 Minnesota Concrete Flatwork Specifications Notes to Specifier: The MnDOT State Aid Office recommends using these specifications that were developed for local agencies. The intent of this specification is to create uniformity for contractors and ready-mix producers as well as the agencies administering contracts. Use this specification in its entirety, not only one part or another. These specifications cover the following types of concrete: A. Concrete Pavement 1. The Concrete Pavement Specifications are intended for small urban projects that consist of several blocks. Contact the Concrete Engineering Unit if you have a larger project and would like to discuss what specifications would best fit. B. Concrete Curb and Gutter C. Driveway Pavement Entrances D. Sidewalk and Concrete Median When putting plans together, consider the following: E. Typical Section and Detail Sheets 1. The designer needs to include typical section and detail sheets to show manhole locations, dowel bars, joint spacing, joint sealing if required, other pavement reinforcement, integral curb, intakes, water valves, and fire hydrants, etc. 2. Identify all incidental items in a note somewhere on the plan sheets. 3. Under the Concrete Pavement Pay Item – include the actual plan sheet pages for reference for the Contractor. When using these specifications, designers need to pick one or more of the following as additional bid items for additional quality improvements: F. Concrete Testing Rates for the Engineer’s Representative - Table 5 1. Use this pay item only when an Engineer desires to have a third party accomplish the Engineer testing and get paid through the Contract. G. Smoothness H. Maturity Testing for Strength, and I. Enhanced Aggregate Qualities 1. This was included in the specification to allow the Contractor the flexibility in what aggregate to use instead of specifying a single class of aggregate, which in some cases can eliminate competition in the concrete bids. The intent is to use this coarse aggregate specification when the Engineer desires less than 20 popouts per square yard. This specification will result in a much lower chance of seeing spalling on your flatwork. Use of Class A aggregate does increase the chances of mortar flaking occurring in late season placements with improper curing. Minnesota Concrete Flatwork Specifications Table of Contents Version 3 – March 19, 2014 PART 1. GENERAL ............................................................................................................... 1 1.1 Concrete Street Items ..................................................................................................... 1 1.2 Description of Work ........................................................................................................ 1 1.3 Storage and Handling ..................................................................................................... 1 1.4 Definitions ....................................................................................................................... 1 1.5 Measurement and Payment ........................................................................................... 1 PART 2. PRODUCTS ............................................................................................................ 3 2.1 Materials ......................................................................................................................... 3 2.2 Concrete Mixes ............................................................................................................... 8 PART 3. EXECUTION ........................................................................................................... 9 3.1 Personnel ....................................................................................................................... 9 3.2 Pre-Pour Meeting ........................................................................................................... 9 3.3 Mixing Equipment ......................................................................................................... 10 3.4 Concrete Placement Equipment ................................................................................... 11 3.5 Concrete Pavement Construction ................................................................................. 14 3.6 Curb and Gutter Construction ....................................................................................... 23 3.7 Sidewalk Construction .................................................................................................. 24 3.8 Curing of All Concrete .................................................................................................. 24 3.9 Concrete Protection ..................................................................................................... 25 3.10 Opening Concrete to Traffic ...................................................................................... 26 3.11 Contractor Submittal Requirements .......................................................................... 27 3.12 Concrete Sampling and Testing Requirements ........................................................ 28 PART 4. CONCRETE STRENGTH BY THE MATURITY METHOD .................................... 38 4.1 Concrete Strength by the Maturity Method ................................................................... 38 PART 5. PRE-POUR MEETING .......................................................................................... 40 5.1 Pre-Pour Meeting for Concrete Pours > 500 cubic yards ............................................. 40 Minnesota Concrete Flatwork Specifications List of Tables Table 1: Fine Aggregate ASR Mitigation Requirements for Concrete Pavements........................ 4 Table 2: Concrete Fine Aggregate Gradation ............................................................................... 5 Table 3: Coarse Aggregate for General Use ................................................................................ 5 Table 4: Enhanced Coarse Aggregate Quality Specification ........................................................ 6 Table 5: Minimum Testing Rates for Curb and Gutter, Sidewalk and Pavement ........................ 29 Table 6: Air Content Penalties Target of 6.5% with a Range of 5% – 8.5% ............................... 30 Table 7: Concrete Pavements Only ............................................................................................ 32 Table 8: Deductions for Concrete Pavement Thickness Deficiencies ........................................ 36 Table 9: Evaluation of Core Test Results ................................................................................... 37 Table 10: Deductions for Low-Strength Test Results ................................................................. 38 Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 1 PART 1. GENERAL 1.1 Concrete Street Items A. Concrete Pavement B. Curb and Gutter and Driveways and Aprons C. Concrete Sidewalks and Median Pavement 1.2 Description of Work This specification includes the requirements for the construction of concrete flatwork including pavements, curb and gutter, sidewalks, driveways, and aprons. 1.3 Storage and Handling Follow these Minnesota Concrete Flatwork Specifications and any local covenants, as well as the following: A. Aggregate Storage: Store aggregates so that segregation and inclusion of foreign materials are prevented. Do not use the bottom 12 inches of aggregate piles in contact with the ground. B. Cementitious Materials: Store cement, slag cement, and fly ash in suitable moisture- proof enclosures. Do not use cementitious materials that have become caked or lumpy. C. Admixtures: Store in suitable weather-tight enclosures that will preserve quality. D. Reinforcing Steel: Store off ground on timbers or other supports. 1.4 Definitions A. Engineer, or owner’s representative, is defined as the individual, firm, or corporation delegated with the responsibility for the Engineering supervision of the construction. B. Contractor is defined as the individual, firm, or corporation contracting for and undertaking execution of the prescribed work. 1.5 Measurement and Payment A. Concrete Pavement 1. Measurement: Measurement will be in square yards for each different thickness of concrete pavement. The area of manholes, intakes, or other fixtures in the pavement will not be deducted from the measured pavement area. When the curb is integral with the pavement, the width for pavement square yards will be measured from back of curb to back of curb. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 2 2. Payment: Payment will be at the unit price per square yard for each thickness of concrete pavement in accordance with typical sections and details in the plan sheets. B. Curb and Gutter 1. Measurement: Measurement will be in linear feet measured along the face of the curb for each different width and thickness of curb and gutter. If integral curb is used, the curb measurement will be in linear feet measured along the face of the curb. 2. Payment: Payment will be at the unit price per linear feet of curb and gutter. C. Driveway Pavement Entrances 1. Measurement: Measurement will be in square yards of concrete area including apron and sidewalk areas through the driveway. 2. Payment: Payment will be at the square yard price for each thickness of driveway: residential (6 inches) and commercial (8 inches). D. Sidewalk and Concrete Median 1. Measurement: Measurement will be in square yards of concrete area. 2. Payment: Payment will be at the unit price per square yard of concrete area. E. Concrete Testing for the Engineer’s Representative - Table 5 1. Measurement: Lump sum item; no measurement will be made. Minimum testing requirements will be as defined for the Engineer’s Representative in Table 5 of this specification. 2. Payment: Payment will be at the lump sum price for concrete street items under the Concrete Sampling and Testing rates as required by Table 5 of this specification. F. Concrete Pavement Smoothness Testing for Areas of Localized Roughness (ALR) 1. Measurement: Lump sum item; no measurement will be made. Testing rate will be determined by the number of lanes of concrete pavement placed on the project. 2. Payment: Payment will be at the lump sum price for “Concrete Pavement Smoothness Testing for Areas of Localized Roughness (ALR)” within this specification. 3. Includes: Lump sum price includes the use of a MnDOT-certified profiler and MnDOT-certified operator to test the smoothness and submit all reports showing the ALR. It will also include a second run after any correction work is done if needed to verify that the ALR specification is met. G. Maturity Testing for Compressive Strength Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 3 1. Measurement: Lump sum price includes, but is not limited to, maturity curve establishment and five locations on the project. 2. Payment: Payment will be at the lump sum price for concrete maturity for each mix tested. 3. Includes: All the testing and necessary equipment to complete the maturity determination for five different locations on a project. H. Enhanced Coarse Aggregate Quality – Table 4 1. Measurement: Lump sum price includes providing coarse aggregate meeting the requirements of Table 4, “Enhanced Coarse Aggregate Quality.” 2. Payment: Payment will be included in the price for the concrete item: curb and gutter, sidewalks, or concrete pavement. 3. Includes: All the testing to ensure that the aggregate quality passes the requirements of Table 4 as defined in Table 5. PART 2. PRODUCTS 2.1 Materials A. Cement: Cement shall be from MnDOT-certified sources only and be listed on the MnDOT approved products list and follow MnDOT 3101. B. Supplementary Cementitious Materials (SCM) 1. Fly ash: Fly ash shall be from certified sources only and be listed on the MnDOT- approved list under MnDOT 3103. 2. Slag cement (ground granulated blast furnace slag or GGBFS): Slag cement shall be from certified sources only and be listed on the MnDOT-approved list under MnDOT 3102. C. Fine Aggregate for Concrete 1. Fine aggregate gradation shall comply with ASTM C33 or MnDOT 3126. The quality requirements shall comply with MnDOT 3126. 2. The fine aggregate shall be washed. 3. The quantity of deleterious substances, as determined by mass (weight), shall not exceed the following limits: a. Coal and lignite: 0.3%. b. Other deleterious substances such as shale, alkali, mica, soft and flaky particles, cumulative total: 2.5%. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 4 4. Mitigation for fine aggregates: a. For any fine aggregate used in curb and gutter, sidewalks, or driveway entrances: the maximum allowable expansion at 14 days is 0.300. b. For any fine aggregate used in concrete pavement, the maximum allowable expansion at 14 days is defined in Table 1 below. If the fine aggregate has been previously tested by MnDOT, use the highest expansion result of any of the tested fine aggregate and cement combinations to determine necessary mitigation in accordance with the 14-day fine aggregate expansion limits in Table 1 for concrete pavements. The Contractor may contact MnDOT to access the list of previously tested fine aggregate sources or review the MnDOT Concrete Engineering website for the latest test results. If the fine aggregate has not been previously tested by MnDOT, the fine aggregate shall be tested by an independent testing laboratory in accordance with ASTM 1260, to determine the necessary mitigation based on the proposed fine aggregate and cement combination in accordance with the 14-day fine aggregate expansion limits in Table 1. Table 1 Fine Aggregate ASR Mitigation Requirements for Concrete Pavements 14-day Fine Aggregate Expansion Limits ≤ 0.150 Use of the fine aggregate is acceptable with or without a mitigator > 0.150 – 0.250 Mitigate the fine aggregate with 35 percent ground- granulated blast furnace slag or at least 20 percent fly ash > 0.250 – 0.300 Mitigate the fine aggregate with 35 percent ground- granulated blast furnace slag or 30 percent fly ash in accordance with 3115, modified with at least 66.0 percent SiO2 + Fe2O3 + Al2O3 on a dry weight basis and at least 38.0 percent SiO2 > 0.300 The fine aggregate will not be acceptable for use in concrete pavement 5. The fine aggregate shall comply with MnDOT 3126 gradation requirements as shown in Table 2, unless otherwise reviewed by the Engineer. The fineness modulus of the delivered fine aggregate shall not deviate by more than 0.20 from the submitted gradation, unless otherwise reviewed by the Engineer. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 5 Table 2 Concrete Fine Aggregate Gradation Sieve Size Percent Passing 3/8” 100 #4 95-100 #8 80-100 #16 55-85 #30 30-60 #50 5-30 #100 0-10 #200 0-2.5 D. Coarse Aggregate for Concrete 1. Coarse aggregate shall be crushed rock, washed gravel, or other inert granular material meeting ASTM C33 Class 4S Quality requirements or MN/DOT 3137 except as modified in Table 3 or Table 4.* 2. Coarse aggregate gradation shall comply with ASTM C33, Size 67 or MnDOT 3137 requirements for the individual classification. Table 3 Coarse Aggregate for General Use Quality Test Maximum Percent by Weight (a) Shale: Fraction retained on the ½-inch sieve 0.4 Fraction retained on the No. 4 sieve, as a percentage of the total material 0.7 (b) Soft iron oxide particles (paint rock and ochre) 0.3 (c) Total spall materials*: Fraction retained on the ½-inch sieve 1.0 Fraction retained on the No. 4 sieve, as a percentage of the total material 1.5 (d) Soft particles║ 2.5 (e) Clay balls and lumps 0.3 (f) Sum of (c) total spall materials, (d) soft particles, and (e) clay balls and lumps† 3.5 (g) Slate 3.0 (h) Flat or elongated pieces‡ 15.0 (i) Quantity of material passing No. 200 sieve: Class A and Class B aggregates# 1.5 Class C and Class D aggregates§ 1.0 (j) Los Angeles Rattler, loss on total sample 40.0 (k) Soundness of magnesium sulfate** 15.0 Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 6 Table 3 (continued) * Includes the percentages retained by shale and soft iron oxide particles, plus other iron oxide particles, unsound cherts, pyrite, and other materials with similar characteristics. ║ Exclusive of shale, soft iron oxide particles, and total spall materials. † Sum of the total spall materials, soft particles, and clay balls and lumps. For total spall materials, use the percent in the total sample retained on the No. 4 sieve. ‡ Thickness less than 25 percent of the maximum width. Length greater than three times the maximum width. # Each individual fraction at the point of placement consists of dust from the fracture and is free of clay or shale. § For each individual fraction at the point of placement. ** Loss at five cycles for any fraction of the coarse aggregate. Do not blend materials from multiple sources to obtain a fraction meeting the sulfate soundness requirement. 3. Provide Coarse Aggregate in accordance with Table 4 instead of Table 3 when the Contract includes a bid item for Enhanced Coarse Aggregate Quality. Table 4 Enhanced Coarse Aggregate Quality Specification Quality Test Maximum Percent by Weight (a) Shale: Fraction retained on the ½-inch sieve 0.2 Fraction retained on the No. 4 sieve, as a percentage of the total material 0.3 (b) Soft iron oxide particles (paint rock and ochre) 0.2 (c) Total spall materials*: Fraction retained on the ½-inch sieve 1.0 Fraction retained on the No. 4 sieve, as a percentage of the total material 0.5 (d) Soft particles║ 2.5 (e) Clay balls and lumps 0.3 (f) Sum of (c) total spall materials, (d) soft particles, and (e) clay balls and lumps† 2.5 (g) Slate 3.0 (h) Flat or elongated pieces‡ 15.0 (i) Quantity of material passing No. 200 sieve: Class A and Class B aggregates# 1.5 Class C and Class D aggregates§ 1.0 (j) Los Angeles Rattler, loss on total sample 40.0 (k) Soundness of magnesium sulfate** 15.0 (l) Absorption for Class B aggregate 1.75 (m) Carbonate in Class C and Class D aggregates by weight 30.0 Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 7 Table 4 (continued) * Includes the percentages retained by shale and soft iron oxide particles, plus other iron oxide particles, unsound cherts, pyrite, and other materials with similar characteristics. ║ Exclusive of shale, soft iron oxide particles, and total spall materials. † Sum of the total spall materials, soft particles, and clay balls and lumps. For total spall materials, use the percent in the total sample retained on the No. 4 sieve. ‡ Thickness less than 25 percent of the maximum width. Length greater than three times the maximum width. # Each individual fraction at the point of placement consists of dust from the fracture and is free of clay or shale. § For each individual fraction at the point of placement. ** Loss at five cycles for any fraction of the coarse aggregate. Do not blend materials from multiple sources to obtain a fraction meeting the sulfate soundness requirement. D. Water Requirements: Mixing water used in the production of concrete shall meet ASTM C1602 / C1602M or MnDOT 3906. E. Admixtures: Unless otherwise acceptable to the Engineer, all admixtures shall be from one manufacturer and shall be compatible. Only use admixtures found on the MnDOT- approved/qualified list according to MnDOT 3113. F. Reinforcement Bars and Dowel Bars: Comply with the requirements of ACI 301, Section 3.2 (provide Grade 60 reinforcing and dowel bars unless noted otherwise) or according to MnDOT 3301 and 3302. G. Joint Fillers and Sealers 1. Preformed isolation/expansion joint fillers and sealers: Comply with ASTM D1751, preformed, resilient, non-extruding, asphalt impregnated joint filler, ½-inch thick unless otherwise indicated. Joint filler shall be a single piece the full depth thickness of the concrete. 2. Hot-pour joint sealer: Comply with MnDOT 3725. H. Liquid Membrane Curing Compound: Comply with MnDOT 3754 AMS. I. Curing Covering Materials 1. Plastic film: Comply with ASTM C171. 2. Insulating blanket: Provide waterproof insulating blankets with a minimum R-value of 1 or greater. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 8 2.2 Concrete Mixes A. Mix Design 1. Prepare design mixes for each type and strength of concrete in accordance with ACI 301 by the field experience method or, if available, by laboratory trial batch methods. Mix proportions shall produce consistent and workable concrete that can be readily worked into forms and around reinforcement without segregation or excessive bleeding. a. Field experience method: If field test data is available, in accordance with ACI 301, submit for acceptance the mixture proportions along with the field test data. b. Trial batch method: Use an AMRL-accredited laboratory for preparing and reporting proposed mix designs. 2. Ensure compatibility of all material combinations. If the concrete materials are not producing a workable concrete mixture, a change in the material may be required. Changes will be at no additional cost to the Engineer. 3. Proportion normal mixtures to provide concrete with the following properties: a. Minimum compressive strength (28 days): 4000 psi. b. Minimum cement content: 400 pounds. c. Minimum cementitious content: 530 pounds. d. Maximum cementitious content: 658 pounds. e. Maximum water-cementitious materials ratio at point of placement: 1. For machine placement: 0.42 2. For hand placement: 0.45 f. Slump limit: As needed for proper placement; 5-inch maximum. No minimum as long as proper consolidation is being performed. g. Early-strength concrete mixes shall be designed to reach opening compressive strength of 3000 psi at a predetermined time (i.e., 48 hours, 24 hours, etc.). 4. Add air-entraining admixture at manufacturer’s prescribed rate to result in normal- weight concrete at point of placement having an air content of 6.5 percent plus 2.0 percent or minus 1.5 percent. 5. If using calcium chloride, limit the water-soluble, chloride-ion content in hardened concrete to 0.08 percent by weight of cementitious materials. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 9 6. Chemical admixtures: Use admixtures according to manufacturer’s written instructions. Contractors may use the following approved admixtures at their discretion as listed on the MnDOT-approved products list: a. Type A, water-reducing and mid-range water-reducing admixtures b. Type B, retarding/hydration stabilizer admixtures c. Type C, accelerating admixtures d. Type D, water-reducing and retarding admixtures e. Type S, viscosity-modifying admixtures f. Admixtures containing more than 0.15 percent chloride ions, by weight of admixture, are not permitted. 7. Supplementary cementitious materials: The Engineer will not allow ternary mixes (combination of three or more cementitious materials) . Limit percentage by weight of supplementary cementitious materials according to ACI 301 requirements for concrete exposed to deicing chemicals as follows: a. Fly ash: 30 percent maximum for concrete pavement, 25 percent maximum for everything else , OR b. Slag cement: 35 percent maximum. PART 3. EXECUTION 3.1 Personnel A. The Concrete Contractor, or Subcontractor, shall have at least two people with a current ACI concrete flatwork technician or flatwork finisher certification, and at least one of them must be onsite for all concrete pours. B. Use either MnDOT- or ACI-certified personnel to perform all process control and quality control testing. 3.2 Pre-Pour Meeting A. When the concrete quantities for the project are greater than 500 cubic yards, the Engineer will require a pre-pour meeting before the concrete project begins. If the project is constructed over multiple years, the Engineer will require a pre-pour meeting annually. An example checklist of discussion items is given in Section 5.1 of this specification. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 10 3.3 Mixing Equipment A. Batching and Mixing Equipment 1. General a. Weighing and proportioning equipment: Comply with ASTM C94. b. Mixing equipment: Comply with ASTM C94. c. Material bins: Involves any structure in which materials are stored. Each part of any bin, including foundations and supports, must be adequate to withstand any stress while in use. 2. Batching a. Batching plants shall be NRMCA- or MnDOT-certified with a current MnDOT Concrete Plant Contact Report, Form 2163. Provide copy of current calibrations and approvals. b. Coordinate the batch plant operation with the placement operation in order to ensure a steady supply of concrete. c. Operate the batch plant and trucks to minimize dust, noise, or truck nuisances as part of the quality control plan. 3. Mixing (Ready-mixed Concrete) a. Ensure the concrete is uniform in composition and consistency. If non-uniform, concrete producers must take corrective action. b. Ready-mixed concrete is defined as concrete proportioned in a central plant and mixed in a stationary mixer for transportation in trucks without agitation; proportioned at a central plant, and only partially mixed in a stationary mixer for transportation and finish mixing in a transit mixer; or proportioned at a central plant and then mixed in a transit mixer prior to or during transit. c. When necessary to add additional mixing water at the site of placement, mix the batch at least an additional 50 revolutions of the drum at mixing speed or five minutes, whichever is faster. d. All methods: Deliver each truck load of concrete with a computerized certificate of compliance showing plant name, Contractor, project data, batch quantities and total yardage, w/cm, mix designation, time batched, and water available to add on-site. Give a record of the certificates of compliances for each pour to the Engineer. e. Ensure the methods of delivering and handling the concrete are such that objectionable segregation or damage to the concrete will not occur, and concrete placement will occur with a minimum of re-handling. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 11 f. Thoroughly clean the truck compartment in which concrete is transported, and flush with water to ensure that hardened concrete will not accumulate. Discharge the flushing water from the truck compartment to the designated discharge point before it is charged with the next batch. g. Delivery requirements: Place concrete into the work in accordance with the following: i. Type 1 concrete: within 90 minutes of batching, and ii. Type 3 concrete: within 90 minutes of batching when all admixtures are added at the plant at the manufacturer’s recommended dosage rates listed on the Approved Products list. iii. In any case, do not add additional mixing water once the concrete is 60 minutes old. iv. Mix the load a minimum of five minutes or 50 revolutions at mixing speed after addition of any admixture. v. The Contractor may transport Type 3 concrete in non-agitating equipment if the concrete is discharged within 45 minutes of batching. vi. Batch time starts when the batch plant or the transit mix truck adds the cement to the other batch materials. B. Concrete Washout Guidance 1. These specifications will be governed by the Minnesota Pollution Control Agency’s written guidance in February 2009. This document, which details the NPDES/SDS construction stormwater permit requirements, is titled “wq-strm2-24’February 2009.” 3.4 Concrete Placement Equipment A. Slipform Construction Equipment A.1 Curb and Gutter Construction 1. Place concrete curb and gutter using a slipform machine capable of placing and forming the concrete to the dimensions, quality, workmanship and appearance as required by the Contract. Hand finish the surface and texture as required by the Contract. A.2 Concrete Pavement Construction 1. Place concrete pavement using a slipform paver or combination of pavers designed to spread, consolidate, screed, and float-finish the freshly placed concrete with minimum hand-finishing. Provide a slipform paver with a non-oscillating extrusion plate with an adjustable angle of entry. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 12 2. Place the concrete pavement before placing curb and gutter when possible. If the sequence of operations includes placing the curb and gutter before the concrete pavement, submit a jointing plan to the Engineer for approval before placing the curb and gutter. 3. If no jointing plan is shown in the plans, the Contractor will provide a jointing plan to be approved by the Engineer. 4. Consolidate the full width and depth of concrete pavement placed by a single pass of a series of internal vibrators. Operate full-width vibrators from 3,600 VPM to 7,000 VPM (60 Hz to 117 Hz) in concrete, and from 4,150 VPM to 8,000 VPM (70 Hz to 133 Hz) when checked in air. Deliver the vibrator impulses directly to the concrete and operate at an intensity to consolidate the concrete uniformly throughout the entire depth and width of the concrete. The Contractor may increase the vibrator frequency as approved by the Engineer. Perform additional testing as directed by the Engineer at no additional cost to the Engineer. If the vibrator fails, suspend operations and remove unconsolidated concrete. 5. Provide an electronic monitoring device meeting the following characteristics and requirements to display the operating frequency of each individual internal vibrator for concrete pavement placed by the slipform method: • Contains a readout display near the operator’s controls; visible to the paver operator and to the Engineer, • Operates continuously as the paving machine operates, • Displays all the vibrator frequencies with manual and automatic sequencing for each of the individual vibrators, and • Records the following at least every 25 feet [7.62 m] of paving or at least every five minutes of time: Clock time, Station location, Paver track speed, and Operating frequency of individual vibrators. Provide an electronic copy containing the record of data after the completion of the concrete paving operation. Provide vibration data daily as directed by the Engineer. 6. Regulate the rate of progress of the vibratory equipment and the duration of the application to fully, but not excessively, vibrate the concrete. If the forward progress of the paver stops, suspend the operation of vibrators. 7. Attach vibrators to spreading or finishing equipment. Do not allow vibrators to come in contact with preset dowel basket assemblies, the grade, pavement reinforcement, or side forms. Do not allow the operation of vibrators to cause separation or segregation of the mix ingredients, including the downward displacement of large aggregate or the accumulation of laitance on the concrete surface. The Contractor may reduce the vibration frequency within the specified range if reducing the forward progress of the paver to avoid segregation of the concrete mix. Connect the power to all vibrators so that they cease when the machine motion is stopped. Stop paving operations if a vibrator fails to operate within the range specified above. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 13 8. Operate the slipform paver with a continuous forward movement, and coordinate all operations of mixing, delivering, and spreading concrete to provide uniform progress with minimal stopping and starting of the paver. 9. At the Contractor’s option: equip the paver with automatic grade control capable of maintaining the elevation shown on the plans at both sides of the paver. Control the elevation of one side and control the crown, or control the elevation of each side independently. The Contractor may elect to use stringless paving, as long as he meets the required grade and cross slope. 10. Tightly stretch a wire or string line set parallel to the established grade for the pavement surface to achieve the grade reference. Set the control reference and support the line at intervals to maintain the established grade and alignment. B. Fixed-Form Construction 1. Place concrete using one or more machines to spread, screed, and consolidate between previously-set side forms. Vibrate these areas using hand-held or machine- mounted internal vibrators. 2. Use a tachometer or similar device to demonstrate to the Engineer that the paving equipment vibration meets the requirements in this section. 3. Use hand-held vibrators to consolidate concrete adjacent to side forms and fixed structures. Operate the hand-held vibrators at a speed of at least 3,600 VPM (60 Hz). Do not allow the vibrator head to contact the joints, load transfer devices, reinforcement, grade, or side forms. If the vibrator fails, suspend operations and remove unconsolidated concrete. 4. Continue vibration to achieve adequate consolidation, without segregation, for the full depth and width of the area placed. 5. Provide an adequate number and capacity of machines to perform the work at a rate equal to the concrete delivery rate. 6. Strike off concrete with a vibrating screed, laser screed, or a roller/clary screed as reviewed by the Engineer. Finish small or irregular areas that are inaccessible to finishing equipment using other methods as reviewed by the Engineer. 7. Discontinue any operation that displaces the side forms from the line or grade or that causes undue delay, as determined by the Engineer, due to mechanical difficulties. C. Hand-Finishing Equipment: Provide all finishing tools necessary for proper finishing of the concrete including straightedges for checking and correcting finished concrete surfaces. D. Forms 1. Rigid forms: Steel, minimum thickness of five gage and height at least equal to design thickness of pavement with base width at least 6 inches. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 14 a. Minimum section length of 10 feet and joint connections designed to allow horizontal and vertical adjustment with locking device to hold abutting sections firmly in alignment. b. Bracing, support, and staking must prevent deflection or movement of forms. 2. Flexible forms: Use steel, plastic, or wood flexible forms for curves with a radius less than 100 feet. a. Bracing, support, and staking must prevent deflection or movement of forms. b. Ensure that forms used to shape back of curbs at returns have height at least equal to design thickness of pavement and curb height. c. Forms must be free from scale and surface irregularities. E. Curing Equipment: Before application, agitate the curing compound as received in the shipping container to obtain a homogenous mixture. Protect membrane-curing compounds from freezing before application. Handle and apply the membrane-curing compound in accordance with the manufacturer’s recommendations. An airless spraying machine is required to have the following: 1. A recirculating bypass system that provides for continuous agitation of the reservoir material, 2. Separate filters for the hose and nozzle, and 3. Multiple or adjustable nozzle system that provides for variable spray patterns. F. Concrete Saws: Use power-operated concrete saws capable of cutting hardened concrete without damage. G. Joint Sealing Equipment: Use equipment capable of cleaning the joint and heating and installing sealant in joints according to manufacturer's recommendations. 3.5 Concrete Pavement Construction A. Removal of Pavement: Comply with plans. B. Final Subgrade/Subbase Preparation 1. General a. Meet the requirements of the plans for subgrade construction, subgrade treatment, and subbase construction. b. Trim the subgrade or subbase to the final grade for placement of concrete. c. Unless otherwise ordered by the Engineer, the subgrade or subbase, at time of placing concrete for concrete pavement, must be in a uniformly moist but not muddy condition to a depth of not less than 1 inch. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 15 2. Subgrade and subbase loading a. Travel of construction traffic including concrete delivery trucks on a subgrade or subbase must be with written approval by the Engineer. In such cases, watering of the subgrade or subbase must be limited to just ahead of the paving machine. b. Enter and exit from side streets to minimize repetitive loading on the subgrade or subbase by concrete trucks. c. Do not allow loads in excess of the legal axle load on the completed subgrade or subbase. d. Partially loaded trucks may be required. 3. Paving suspended a. Suspend the paving operation where subgrade or subbase stability has been lost. b. Do not place concrete on a subgrade or subbase that has become unstable, bears ruts or tire marks of equipment, or that is excessively softened by rain until such subgrade or subbase has been reconsolidated and reshaped to correct the objectionable condition. c. If necessary, scarify to a minimum depth of 6 inches, aerate, and recompact at no additional cost to the Engineer. Meet the compaction requirements of the plans. 4. Maintenance of subgrade or subbase: Maintain the completed subgrade or subbase during subsequent construction activities. C. Surface Fixture Adjustment 1. Adjust manhole frames and other fixtures within area to be paved to conform to finished surface. Comply with plans for manhole adjustments and water fixture adjustments. 2. Clean outside of fixture to depth of pavement before concrete placement. 3. Construct boxouts if necessary for later adjustment of fixtures. See plans for the size and shape of the boxout. D. Setting of Forms: When forms are used, meet the following requirements: 1. Ensure forms have sufficient strength to support paving operations being used. 2. Set base of forms at or below subgrade elevation with top of forms at pavement surface elevation. With Engineer approval, extra height forms may be used to shape the back of integral curb and edge of pavement; set base at or below subgrade elevation with top of form at top of curb elevation. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 16 3. Place and secure forms to required grade and alignment. Do not vary the top face of the form from a true plane by more than 1/8 inch in 10 feet, and do not vary the vertical face from a true plane by more than ¼ inch in 10 feet. 4. If the soil supporting the forms is softened by rain or standing water so that the forms are inadequately supported, or if voids occur under the forms, remove forms. Rework subgrade to proper elevation and density, and reinstall forms. 5. Ensure forms are free of latent concrete and coated with release agent before concrete is placed. 6. In the event of rain, remove and reset the forms as necessary to permit drainage. E. Removal of Forms 1. Do not remove side forms of pavement and back forms on integrant curb earlier than 12 hours after placing the concrete, unless otherwise approved by the Engineer. Remove forms without exerting shock or strain, including temperature variations, on the pavement or curb. Cure concrete in accordance with Section 3.8 of this specification. F. Paving Protection 1. In the area adjacent to the curbs and pavement edge, immediately place backfill of soil or aggregate according to the plans, without vibration (according to Section 3.10.C), after the forms are removed, to prevent soil erosion during a rain event. Construct dams or other protection to ensure that no saturation or erosion of the subgrade under or near the pavement occurs. This may include check dams, pumping, etc. G. Reinforcement Protection 1. Ensure bars are clean, straight, free from distortion and rust, and are firmly secured in position as specified in the contract documents. Place all bars in approved storage to prevent damage; do not distribute along the work site except as needed to avoid delay in paving. H. Placing Reinforcement: Provide and place reinforcement meeting the following requirements and characteristics: 1. Provide epoxy-coated reinforcement in accordance with MnDOT Specification 2472, “Metal Reinforcement.” 2. Provide and place reinforcement bars including keyway bars, tie bars, taper steel, and stopper bars. 3. Place keyways as shown on the plans. Keyways are not recommended for pavements 7 inches or less. 4. Provide and place supplemental pavement reinforcement as shown on the plans. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 17 5. Provide and place reinforcement bars on chairs, in stakes, utilizing tie bar basket assemblies or by appropriate equipment for pressing the bars to the specified location. 6. For slipform paving, stake the tie bar steel to the roadbed, or use a mechanical device attached to the spreader or paver to place tie bar steel required for L1T joints as shown on the plans. Space and press the tie bar steel to the depth and location shown on the plans. Do not place tie bars over a dowel bar assembly. 7. Place supplemental pavement reinforcement bar mats for reinforced pavement over culverts when necessary and in accordance with the most current MnDOT Standard Plate 1070 as designated in the plans. a. When reinforced pavement is specified, assemble bar mats accordingly, and firmly fasten together at all bar intersections. b. Place, secure, and tie mats for a continuous mat as specified in the contract documents. Displacement during concrete placement operations is not allowed. c. Use chairs to ensure proper placement of bar mats. I. Dowel Bar Assemblies: Provide dowel bar assemblies manufactured in single units for the lane widths shown on the plans, unless otherwise approved by the Engineer. Do not use more than two assembled sections in any one joint for ramps, loops, and tapered sections. 1. Secure the dowel bar assemblies to prevent movement during concrete placement in accordance with Standard Plate 1103 and the following: a. Provide a Quality Control Plan for Dowel Basket Assemblies in accordance with 2301.3.H.1.a. b. Fasten the baskets to the surface so that they do not move vertically or horizontally more than 1/8 inch [3 mm] from surface. c. Type, location, number and length of anchors are dependent upon field conditions; d. Before paving, demonstrate the fastening method to the Engineer for approval. 2. Within one hour before covering with concrete, coat the dowel bars with a thin uniform coating of a form coating material in accordance with MnDOT 3902, “Form Coating Material.” 3. Before placing the concrete, mark the location on both sides of each transverse joint as approved by the Engineer. Transfer the markings to the fresh concrete immediately after completing the final finishing operations. 4. The Contractor may use a mechanical dowel bar inserter to place dowel bars in the pavement as reviewed by the Engineer. Immediately before inserting the dowels, coat the dowels with a thin uniform coating of a form coating material in accordance Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 18 with MnDOT 3902, “Form Coating Material.” If using a dowel bar inserter, initially and on each production day, demonstrate to the Engineer that the inserted dowel bars in the completed concrete pavement are parallel to the surface and centerline slab and are located at the proper depth according to the plans. J. Drill and Grout Tie Bars and/or Dowel Bars in Existing Pavement 1. When anchoring in existing concrete, use either a MnDOT-approved epoxy system according to the manufacturer's instructions, or provide and place a bonding grout into the drilled hole by using the steel to push the epoxy or grout into the drilled hole and placing the grout or epoxy around the edge of the steel. The bonding grout shall consist of two parts Portland cement and one part sand, mixed with sufficient water to form slurry with the consistency of thick cream. The Contractor shall mix the grout mechanically. K. Concrete Pavement Placement 1. Dump or discharge concrete without causing grade displacement or damage to the existing asphalt or bond breaker layer. Repair damage to the grade, existing asphalt, or bond breaker layer as approved by the Engineer. Provide protection for turning concrete trucks. 2. Maintain the grade in a moist condition until placement of concrete. 3. Construct mainline pavement in a single layer of concrete. Place the concrete pavement in one complete pass of the paving machine to minimize the need for hand-finishing. 4. Coordinate paving operations for mixing, delivering, spreading, and extruding the concrete to provide uniform progress of the paver. Use sufficient trucks to ensure a steady forward progress of the paver. If the forward movement of the paver stops for a period long enough to create a cold joint or honeycombing, construct a header joint in accordance with Section 3.5.O “Constructing Joints” of this specification. 5. Do not add water to the surface of the concrete to aid in finishing. 6. When placing concrete on asphalt or asphalt bond beakers, comply with the following: a. Do not place concrete on an asphalt surface with an asphalt surface temperature greater than 120 °F. b. Maintain the asphalt surface in a moist condition as necessary and at a surface temperature not greater than 120 °F before placing the concrete. The Engineer will allow the Contractor to apply water, whitewash of hydrated lime and water, or both to cool the asphalt surface, or other methods allowed by the Engineer. c. Before placing concrete on a milled asphalt surface, clean the milled surface by sweeping and patch as shown on the plans or as directed by the Engineer. 7. When placing concrete adjacent to in-place concrete pavement, protect the following: a. All ends of transverse joints 3/16 inch or wider to the satisfaction of the Engineer. The Engineer will allow sawing through the existing joint when sawing the newly placed concrete. b. The in-place pavement to prevent damage. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 19 c. Do not allow the edges of the pavement, including longitudinal joints, to deviate from the line shown on the plans by greater than ½ inch at any point. L. Integral Curbs Integral curbs are placed with the pavement in a single paving machine operation; however, hand methods may be allowed for radius, returns, and sections of curb and gutter 100 feet or less in length or in other special sections where mechanical equipment cannot be used. 1. Pave, edge, protect, saw, and cure curb in same manner as pavement. 2. Finish curb as rapidly as finishing operations on pavement permit. Maximum distance behind paving machine is 100 feet. 3. Complete final finish on curbs by hand methods, including the use of a 6-foot straightedge. 4. Check surfaces of curb and gutter with 10-foot straightedge; correct variations greater than ¼ inch. 5. For drop curb at driveways and where sidewalks intersect streets, use forms to shape the backs of such curbs. 6. When using hand methods for building curb, the following additional requirements will apply: a. Remove free water, latency, dust, leaves, or other foreign matter from the slab prior to placing concrete for curb. b. Use freshly mixed concrete; do not store concrete in receptacles at side of pavement for use in curb at a later time; do not use concrete requiring retempering. c. Consolidate curb concrete to obtain adequate bond with the pavement slab and to eliminate honeycomb in the curb. Avoid disturbing the alignment of forms or the gutter flow line. M. Finishing 1. Grade and crown: Strike off the surface to the true section by the screed promptly after concrete has been placed and vibrated. Finish the surface true to crown and grade. 2. Watering the surface: Do not add water to the surface of the concrete to aid in finishing. 3. Floats: Finish surface with wood or magnesium floats; finish from both sides simultaneously if pavement is placed to full width with one pass of paving machine. 4. Straightedging a. After the longitudinal floating has been completed and the excess water has been removed, and while the concrete is still plastic, test the pavement surface for trueness. b. Immediately fill any depressions found with freshly mixed concrete, strike off, consolidate, and refinish. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 20 c. Check surface longitudinally while concrete is still plastic; correct any surface deviations greater than ¼ inch in 10 feet. 5. Surface treatment a. Drag surface treatment: Unless otherwise specified, texture the finished surface with an artificial turf or broom to produce a minimum depth of texture of 0.8 mm. i. Pull the artificial turf or burlap drag longitudinally over the finished surface to produce a tight, uniform, textured surface, and round the edges in a workmanlike manner. ii. Remove the artificial turf or brooms from the pavement surface at regular intervals and clean with water to remove accumulated concrete from the fabric in order to maintain a consistent finished texture. 6. Edge finish: Before the concrete has taken its initial set, finish all edges of the pavement with an 1/8-inch-radius edging tool. N. Curing – See Section 3.8 of this specification for curing requirements. O. Construction of Joints 1. General a. Construct joints of the type and dimensions and at the locations specified in the contract documents. b. Place longitudinal joints coincident with or parallel to the pavement centerline. c. Place all transverse joints at right angles to the centerline and extend the full width of the pavement. d. Place all joints perpendicular to the finished grade of the pavement and do not allow the alignment across the joint to vary from a straight line by more than 1 inch. e. Exercise care in placing, consolidating, and finishing the concrete at all joints. 2. Saw joints a. Submit a jointing plan to the Engineer for approval prior to placing concrete. b. Saw all mainline concrete pavements; no tooling of joints will be allowed. c. Mark joint locations with a string line before sawing. d. Begin transverse joint sawing as soon as the concrete has hardened sufficiently to allow sawing without raveling or moving of aggregate. Saw joints before uncontrolled cracking takes place. e. Provide either wet-cut saws referred to as a “conventional concrete saw,” or a lighter weight dry-cut saw, referred to as an “early entry concrete saw,” to establish joints sooner than the conventional saw. f. Saw all joints in a single cutting operation for a specific joint. Make saw cuts true to line and to the dimensions specified in the contract documents. Extend transverse joints in the pavement through the integrant curb at the same time as the pavement joint is cut. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 21 g. Discontinue sawing a joint if a crack develops ahead of the saw and rout open the crack for sealing. h. If necessary, continue the sawing operations both day and night. Night operations will require the approval of local agencies in regard to any noise regulations. i. The concrete must be capable of supporting the sawing operations to allow the use of an early green concrete saw. j. Repair or replace pavement with uncontrolled or random cracking at no additional cost to the Engineer. Use repair methods approved by the Engineer. Repair or replace at the direction of the Engineer. k. Use wet sawing for dust control when specified in the contract documents. l. Where boxouts occur in pavement, construct joints as shown on the plans. 3. Contraction joints a. Place longitudinal and transverse construction joints where specified in the contract documents, at boxouts, and at headers. b. Locate and place forms for boxouts on grade prior to paving as shown on the plans. c. If concrete placement is delayed for more than 60 minutes or at the end of each day, construct a header transverse construction joint within 5 feet of a planned transverse contraction joint. d. Finish the edges of the pavement at construction joints with an 1/8-inch-radius edging tool. e. If a random crack occurs away from the planned joint location, repair the crack with one of the following techniques. i. If the pavement is undoweled and the random crack is at least 3 feet from the planned joint: Rout and seal the random crack and epoxy the planned joint closed if it has not cracked open. ii. If the pavement is undoweled and the random crack occurs within 3 feet of the planned joint and the planned joint has cracked open: Repair with a 4- foot full-depth repair. If the planned joint has not cracked open, then rout and seal as above. iii. If the pavement is doweled and the random crack occurs at least 3 feet from the planned joint: Repair with a dowel bar retrofit repair and rout and seal the crack. iv. If the pavement is doweled design and the crack occurs within 3 feet of the planned joint: Repair with a 4-foot full-depth repair. 4. Isolation/expansion joints a. Install isolation joints as specified in the contract documents. b. Prevent movement of or damage to joint assembly when placing concrete. c. Use supplemental vibration equipment for proper consolidation of the concrete. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 22 d. After the surface finishing has been completed, finish the edge of the joint with an 1/8-inch edging tool. 5. Constructing headers a. Construct construction headers, temporary headers, and permanent headers as shown on the plans. b. The Engineer will not allow incorporating any concrete accumulated in the grout box of the paver into the pavement. Construct all headers such that the concrete contained in the grout box is removed from the project. Use any approved construction header method as shown in the Standard Details. c. Use internal vibration to consolidate the concrete along header joints before final finishing. P. Joint sealing 1. Timing a. Unless otherwise allowed or reviewed by the Engineer, before any portion of the pavement is opened to the Contractor's equipment or to general traffic, clean and seal joints that require sealing. b. The Engineer may limit the wheel loads and axle loads of equipment operating on the pavement during this operation prior to the age of seven days and/or until a strength of 3000 psi is achieved. If the Contractor wants to proceed sooner, he will need to perform additional strength tests to determine the pavement strength. 2. Cleaning: Perform joint sealing as shown on the plans and in accordance with the following: a. Seal joints after the Engineer inspects and approves the joints. b. Perform joint sealing on surface dry concrete after cleaning the joints of debris, dirt, dust, and other foreign matter, including accumulations of concrete. c. Lightly sandblast the joint walls before final compressed air cleaning. d. Immediately before sealing the joints, clean the joints with a jet of compressed air under pressure of at least 85 psi. e. Seal transverse integrant curb joints with the same joint sealer used to seal the pavement joints. f. Seal joints in accordance with the tolerances shown on the plans. g. Provide backer rod material compatible with the sealer as shown on the plans. h. Remove and replace sealer at joints filled above the permissible level shown on the plans at no additional cost to the department. i. Handle and place joint sealer material as recommended by the manufacturer and in accordance with the following requirements. Q. Hot-Poured Sealers 1. Heat hot-poured sealers in a double-boiler-type kettle or melter. Fill the space between inner and outer shells with oil or other material as allowed by the manufacturer. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 23 2. Provide heating equipment with automatic temperature control, mechanical agitation, and recirculating pump. Use heating equipment as recommended by the manufacturer of the sealer material. 3. Do not melt quantities of sealer material greater than the quantity used within the same day. After heating the sealer material to the application temperature, maintain the material temperature until placement. Place the sealer material within four hours after the initial heating to the application temperature. 4. Apply hot-poured sealant to the pavement at ambient pavement temperatures greater than 39 °F. 3.6 Curb and Gutter Construction A. Slipform Paving 1. Use a slipform machine for all curb and gutter sections except in areas where the curb machine is not able to work. B. Joint Construction 1. Place ½-inch expansion joints transversely at the ends of curved sections and at the ends of the curved portions of entrance and street returns. Place longitudinal expansion joints as shown on the plans. Place expansion joints at locations where the concrete surrounds or adjoins an existing fixed object, such as a fire hydrant, building foundation, or other rigid structure. 2. Provide contraction joints at the following intervals, except as otherwise shown on the plans: a. Adjacent to bituminous mainline, every 10 feet. b. Adjacent to concrete mainline, match concrete mainline transverse joints. c. In solid median construction, every 10 feet. 3. Form or saw the contraction joints, as reviewed by the Engineer, to a depth of at least 2 inches deep. 4. Align joints with joints in adjoining work unless a ½-inch preformed isolation/expansion joint isolates the work. Place transverse joints at right angles to the centerline of the pavement unless otherwise required by the contract. 5. Use an edging tool with a radius no greater than ½ inch to round edges of longitudinal construction joints between a concrete median or gutter section and a concrete pavement. 6. Do not saw or seal longitudinal construction joints between a concrete median and concrete pavement, or between a gutter section and concrete pavement. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 24 C. Surface Treatment 1. Surface finish with a fine concrete finishing broom in the transverse direction. 3.7 Sidewalk Construction A. Joint Construction 1. Divide the walk into square panels of uniform size no greater than 36 square feet and outlined with contraction or expansion joints as shown on the plans. 2. Provide straight joints parallel with or at right angles to the walk centerline. Align the joints with joints in adjoining work unless isolated by ½-inch preformed isolation material. 3. The Contractor may form or saw the joints in walking surfaces as approved by the Engineer. If forming the joints, round joints within the walking surface with a ¼-inch- radius grooving tool, and round edges of the walk with an edging tool having a radius no greater than ½ inch. 4. Extend contraction joints to a depth of at least 1/3 of the walk thickness. If saw cutting, provide a minimum of ⅛-inch-wide contraction joints. 5. Provide isolation/expansion material in accordance with MnDOT 3702, “Preformed Joint Fillers,” that is, ½-inch wide and equal in depth to the full thickness of the walk. 6. Modify joint construction if a fixed object or structure extends through the walk, as directed by the Engineer. Place isolation/expansion material ½-inch thick adjacent to fixed objects to separate the object from the abutting concrete edges. B. Surface Treatment 1. Surface finish with a fine concrete finishing broom. 3.8 Curing of All Concrete An airless spraying machine is required for curing all concrete. Airless sprayers may be used for small and irregular areas provided they have the ability to mix the curing compound in the container and maintain open nozzles. Apply the curing compound in accordance with the following: A. Apply liquid curing compound in a fine spray to form a continuous, uniform film on the horizontal surface and vertical edges of pavement, curbs, and back of curbs immediately after surface moisture has disappeared, but no later than 30 minutes after finishing. With approval of the Engineer, the timing of cure application may be adjusted due to varying weather conditions and concrete mix properties to ensure acceptable macro texture is achieved and bleed has evaporated. 1. For concrete pavement, use MnDOT-approved 3754 AMS white pigment liquid curing compound for all concrete surfaces. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 25 2. For all other concrete and colored concrete pavement, use either a MnDOT- approved 3754 AMS white pigment liquid curing compound or a MnDOT approved 3753 curing compound with a fugitive dye. The Engineer may approve the use of a clear curing compound. 3. Apply curing compound to all concrete surfaces at an application rate of 150 square feet per gallon. Apply homogeneously to provide a uniform solid coverage on all exposed concrete surfaces (equal to a white sheet of typing paper when using pigmented curing compound). Some MnDOT-approved curing compounds may have a base color (i.e., yellow) that cannot comply with the above requirement. In this case, provide a uniform solid opaque consistency meeting the intent of the above requirement. B. Ensure liquid curing materials are well agitated in the supply drum or tank immediately before transfer to the sprayer. Keep curing materials well agitated during application. C. If forms are used, apply to pavement edges and back of curbs within 30 minutes after forms are removed. D. Failure to comply with these curing specifications will result in a monetary deduction of at least $50.00 per cubic yard or 50 percent of the Contractor-provided invoice amount for the concrete in question E. If the curing compound is damaged during the curing period, immediately repair the damaged area by respraying. F. If the Engineer determines that the initial or corrective spraying may result in unsatisfactory curing, the Engineer may require the Contractor to use the blanket curing method, at no additional cost to the Engineer. 3.9 Concrete Protection – Include These Plans in the Contractor’s Quality Control Plan A. Protection Against Rain: Protect the concrete from damage due to rain. Have available materials for protection of the edges and surface of concrete. Should any damage result, the Engineer will suspend operations until corrective action is taken. B. Protection Against Cold Weather 1. If the National Weather Service forecast for the construction area predicts air temperatures of 36 °F or less within the next 24 hours and the Contractor wishes to place concrete, submit a cold weather protection plan. 2. Protect the concrete from damage including freezing due to cold weather. Should any damage result, the Engineer will suspend operations until corrective action is taken. 3. Cold Weather Protection Plan: Submit in writing to the Engineer a proposed time schedule and plans for cold weather concrete protection that provide provisions for adequately protecting the concrete during placement and curing. Do not place concrete until the Engineer accepts the Contractor's cold weather protection plans. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 26 C. Protection Against Hot Weather 1. If the National Weather Service forecast for the construction area during concrete placement is such that the combined factors of temperature, wind, and humidity are detrimental to concrete placement, develop a hot weather protection plan. 2. The definition of hot weather conditions is defined in the PCA Design and Control of Concrete Mixtures as when the rate of evaporation of bleed water per hour exceeds 0.2 lb. of water per square foot per hour. A chart published by ACI and PCA can be used to predict the bleed water rate. 3. Hot Weather Protection Plan: Submit in writing to the Engineer a proposed time schedule and plans for hot weather concrete protection that provide provisions for adequately protecting the concrete during placement and curing. Do not place concrete until the Engineer accepts the Contractor's hot weather protection plans. 3.10 Opening Concrete to Traffic A. Opening Pavement and Driveways to Traffic 1. Do not open a new pavement slab to general public traffic or operate paving or other heavy equipment on it until the concrete has attained an age of seven days or it has reached a minimum compressive strength of 3,000 psi, as reviewed by the Engineer. 2. If the pavement joints are widened, seal the joints before operating paving or other heavy equipment and allowing general public traffic on the pavement. 3. Cast the compressive strength control specimens in accordance with ASTM C31, “Making and Curing Concrete Test Specimens in the Field.” Cure the control specimens in the same manner and under the same conditions as the pavement represented. The Engineer will test the control specimens in accordance with Concrete Sampling and Testing, Table 5 or 6. 4. Perform operations on new pavement as reviewed by the Engineer and in accordance with the following: a. When moving on and off the pavement, construct a ramp to prevent damage to the pavement slab. b. Operate the paving equipment on protective mats to prevent damage to the pavement surface and joints. Before placing the protective mats, sweep the pavement surface free of debris. c. Operate equipment on a slab without causing damage. If damage results, suspend operations and take corrective action as reviewed by the Engineer. Do not operate the equipment wheels or tracks within 4 inches of the slab edge. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 27 B. Opening of Sidewalks and Medians to Pedestrian Traffic 1. Normal pedestrian foot traffic can walk on the finished concrete as soon as practical without causing damage to the fine broom finish. 2. Construction traffic shall not be allowed for three days or until the concrete reaches a compressive strength of 3000 psi. C. Backfill Construction – Operating Vibratory Equipment 1. Protect newly placed concrete from damage by adjacent vibratory or backfilling operations for a minimum of 24 hours. 2. Do not perform vibratory operations and backfilling until 72 hours after placing the concrete or after the concrete reaches a compressive strength of at least 3000 psi. 3.11 Contractor Submittal Requirements A. Submittals: Follow these Minnesota Concrete Flatwork Specifications and any local covenants, as well as the following: 1. All submittals of drawings; manufacturers’ certificates of compliance, recommendations, and test data, reports, catalog data sheets; and other data shall be in accordance with the submittals section, unless otherwise specified herein. 2. Two weeks prior to commencing any concrete placement, submit a concrete mix design for each different source of aggregate for review by the Engineer. 3. Two weeks prior to commencing any concrete placement, submit a Quality Control plan which includes all of the following: a. Traffic control plan. b. A list of all process control or quality control testing technicians. c. Concrete placement plan. d. Concrete washout guidance plan. e. Pre-pour meeting dates for pours over 500 cubic yards. f. Procedure for placing dowel bars and reinforcement. g. Concrete curing plan. h. Rain protection plan. i. Cold weather protection plan. j. Hot weather protection plan. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 28 k. Submit to the Engineer an organizational chart listing names and phone numbers of individuals and alternates responsible for mix design, quality control administration, and inspection. l. Submit the smoothness profiler information, including which machine and operator, when specified by the Engineer for concrete pavement. m. The Contractor is responsible for developing the maturity curve for the specified mix, taking maturity readings, and delivering a copy of the results to the Engineer when required in the contract. The Contractor will provide any equipment necessary to monitor the maturity in the field. 3.12 Concrete Sampling and Testing Requirements A. Turn in all field test results to the Engineer or owner’s representative using MnDOT’s weekly concrete report form 2448 and the Concrete Ready-Mix Plant QC Workbook turned in weekly. B. Prior to the first pour at each concrete plant, the Contractor needs to submit a Contact Report /Ready Mix Form 2163 and the Aggregate Quality report. C. The testing rates shown in this section are minimums. Take all samples in a random manner using an appropriate random number generator. Take as many tests as necessary to ensure quality control. D. If any field test fails, reject the concrete, or if the producer makes adjustments to the load to meet requirements, record the adjustments on the certificate of compliance and the weekly concrete report. Retest the load and record the adjusted test results. Make sure the load is tested before it gets into the work. E. All people performing field testing of plastic concrete will carry either a current MnDOT or ACI Concrete Field 1 concrete testing certification. All people performing gradations and moistures will carry either a current MnDOT Concrete Plant 1 or an ACI Aggregate Testing Technician Level 1 certification. F. All concrete shall come from a MnDOT-certified ready-mix plant, and all people performing plant testing will carry a current MnDOT Concrete Plant 1 certification. G. Fabricate strength specimens in accordance with ASTM C31. Provide moist curing environments of adequate size and number for initial and final curing of strength specimens in accordance with ASTM C31. H. Record the results of each field test of plastic concrete on the Certificate of Compliance ticket and note whether it is a Contractor test or an Agency test. I. The Producer shall perform all plant testing according to Table 5 for all concrete placed. J. The Engineer shall perform testing according to Table 5 for all concrete placed. If the Engineer includes a Pay Item for Concrete Testing according to Table 5, the Contractor will inform the Engineer at the pre-construction meeting who the third party is that will perform testing for the Engineer. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 29 Table 5 Minimum Testing Rates for Curb and Gutter, Sidewalks, and Pavements Test Type MnDOT Spec or ASTM No. Producer Testing Rates Engineer Testing Rates Gradation MnDOT 3126 MnDOT 3137 ASTM D75 ASTM C702 ASTM C117 Coarse and fine: 1 per 400 yd3 or as directed by the Engineer 1 per project Moisture Content MnDOT 2461 1 every four hours At Engineer’s discretion Aggregate Quality Table 3 Table 4 Minimum of 1 per project – use of MnDOT test results for the same 30-day time period is acceptable Minimum of 1 per project – use of MnDOT test results for the same 30-day time period is acceptable Coarse Aggregate Testing (% Passing 200) MnDOT 3137 ASTM C117 Minimum of 1 per project – use of MnDOT test results for the same 30 -day time period is acceptable Minimum of 1 per project – use of MnDOT test results for the same 30 -day time period is acceptable Air Content ASTM C231 Test first load each day per mix, then 1 test per 200 yd3 Slump ASTM C 143 Test first load each day per mix, then 1 test per 200 yd3, slump test not required for slipform placement Temperature ASTM C 1064 Record temperature each time air content, slump, or strength test specimen is performed/fabricated Compressive Strength ASTM C 31 Test first load each day per mix, then 1 test (set of 3) per 200 yd3, minimum of 1 (set of 3) per day if production is more than 50 yd3. Record slump, temperature, and air content for each cylinder Concrete Pavement Thickness Observation of probing or coring at their discretion. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 30 K. Air Content 1. Evaluate air content of the concrete according to ASTM C231, the pressure meter; ASTM C138, using the gravimetric unit weight method; or ASTM C 173, the volumetric method. 2. For concrete paving, once per day run an air test in front of the paver and then run an air test immediately behind the paver to aid in identifying air loss through the paver. A test result between 5 percent and 8 percent behind the paver will be considered compliant. This test will represent all concrete from the back of the paver back to the last documented complying test. Make immediate adjustments to the mix production and placement process to bring the air content back within tolerance. Do not use succeeding loads below the lower target air content tolerance by more than 0.5 percent. Test each subsequent load until air content is within tolerance for two consecutive loads. For all incorporated, non-complying concrete that is out of tolerance, the Engineer will review and determine if removal and replacement is required or if a price adjustment according to Table 6 will be applied. Table 6 Air Content Penalties Target of 6.5% with a Range of 5% – 8.5% Air Content, % Adjusted Contract Unit Price for the Type of Concrete Placed > 10.0 The Engineer will determine the concrete suitability for the intended use in accordance with “Conformity with Contract Documents” and “Unacceptable and Unauthorized Work” as reviewed by the Engineer. >8.5 – 10.0 The Engineer will provide a monetary adjustment of -$25.00 per cubic yard for the concrete placed as approved by the Engineer. 5.0 – 8.5 The Engineer will pay 100 percent of the contract unit price for the concrete represented, for material placed as approved by the Engineer. >4.0 – <5.0 The Engineer will provide a monetary adjustment of -$25.00 per cubic yard for the concrete placed as approved by the Engineer. >3.5 – 4.0 The Engineer will provide a monetary adjustment of -$75.00 per cubic yard for the concrete placed as approved by the Engineer. The Engineer may also require coating the surface with an approved epoxy penetrant sealer from the MnDOT Approved Products list. ≤ 3.5 Remove and replace concrete in accordance with “Conformity with Contract Documents” and “Unacceptable and Unauthorized Work” as reviewed by the Engineer. If the Engineer will determine if the concrete can remain in place, the Engineer will not pay for the concrete and the Engineer may also require coating the surface with an approved epoxy penetrant sealer from the MnDOT Approved Products list. L. Concrete pavement smoothness. All concrete pavement bid items are governed by the straightedge evaluation unless a bid item is used to pay for the ALR evaluation. 1. Straightedge evaluation: The Engineer will allow variations less than or equal to ¼ inch within the span of a 10-foot straightedge in the longitudinal or transverse direction to remain in place without correction or penalty. The Engineer will require corrective work on surface deviations greater than ¼ inch within the span of the 10- foot straightedge in any direction. For corrected variations, the Engineer will accept Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 31 deviations less than or equal to ¼ inch within the span of a 10-foot straightedge in any direction. 2. Areas of Localized Roughness (ALR) a. “Areas of localized roughness” (ALR) is defined as areas greater than or equal to the limiting criteria for a continuous IRI calculation with a 25 feet [7.62 m] interval, as calculated using the FHWA’s Profile Viewing and Analysis (ProVAL) software. b. Provide a department-certified, calibrated, and documented IP meeting the requirements of ASTM E 950, Class 1 and procedures maintained by the MnDOT Pavement Engineering Section. Refer to the procedures maintained by the MnDOT Pavement Engineering Section or to the MnDOT Smoothness website for the required settings for individual certified profilers. c. The Contractor shall provide an operator trained in the operation of the particular Inertial Profilor they will use to measure the smoothness and knowledgeable in the use of the required “Profile Analysis Software, Proval.” Ensure profiler operators pass a proficiency test and possess a current certification issued by MnDOT. The Contractor may access a list of certified operators on the MnDOT Smoothness website. Provide documentation of operator certification to the Engineer. d. Remove objects and foreign material from the pavement surface before performing the pavement surface evaluation. Provide traffic control required for testing and performing corrective work on the final pavement surface. e. Run the IP in the direction of traffic. Measure the profile in the right wheel path of each lane. f. Areas that will be exempt from the ALR specification shall be 10 feet on either side of a manhole, water valve, or any other utility obstruction in the driving lanes. Intersections and areas purposefully designed for drainage will be exempt from the ALR specification, as approved by the Engineer. g. Test and evaluate each lane separately. The Engineer will determine the length in miles [kilometers] of each mainline traffic lane. Operate the IP at the optimum speed as recommended by the manufacturer. h. Separate each lane into segments 0.1 mi [0.1609 km] in length. Evaluate the remainder segment less than 0.1 mi [0.1609 km] in each lane as an independent segment. The Engineer will prorate pay adjustments for length. i. Make each pass continuously, regardless of length, and end passes before exclusions. Begin each subsequent pass 50 feet [15.24 m] before, and including, construction headers and end-of-day work joints. In concrete pavements, evaluate terminal headers tying into existing portland cement concrete pavement. j. Submit a printout containing the inertial profiler’s settings, each segment’s IRI values, and the signature of the operator to the Engineer on the same day of the profiling. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 32 k. Submit electronic files in ERD format representing the raw data from each pass on the same day of the profiling. l. If the Contractor fails to submit actual data to the Engineer on the day of profiling, the Engineer may require the Contractor to reprofile the measured segments. m. Identify ALR using the ProVAL “smoothness assurance” analysis, calculating IRI with a continuous short interval of 25 feet with the 250 mm filter. Use only the right wheel path to determine ALR. n. The Engineer will evaluate ALR in accordance with Table 7, “ALR Monetary Deductions and Corrective Work Requirements.” Table 7 Concrete Pavements Only ALR Monetary Deductions and Corrective Work Requirements Equation 25 ft. Continuous IRI, in/mi Corrective Work or Monetary Deduction, per linear 1.0 ft. Concrete pavements with a posted vehicle speed greater than 45 mph < 125.0 Acceptable ≥ 125.0 to < 175.0 $10.00 ≥ 175.0 to < 250.0 Corrective work or $25.00, as directed by the Engineer ≥ 250.0 Corrective work or $50.00, as directed by the Engineer Concrete pavements with a posted vehicle speed of 45 mph or less and concrete intersections constructed under traffic < 175.0 Acceptable ≥ 175.0 to < 250.0 $10.00 ≥ 250.0 $25.00 o. Corrective work i. If the summary reports indicate any ALR, submit a written corrective work plan to the Engineer in accordance with Table 7, “Corrective Work.” Include the beginning and ending points of locations planned for correction in the corrective work plan. Do not begin corrective work before the Engineer approves the plan. ii. If the Engineer elects to assess a monetary deduction for ALR in accordance with Table 7 instead of requiring corrective work, submit a final spreadsheet summary. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 33 iii. Notify the Engineer at least 24 hours before beginning corrective work. Do not begin corrective work before the Engineer approves the methods and procedures in writing. iv. Perform corrective work using a surface diamond-grinding device consisting of multiple diamond blades, unless otherwise approved by the Engineer. Repair and replace joint sealant damaged by diamond grinding on concrete pavement as directed by the Engineer and at no additional cost to the department. v. Perform smoothness corrective work for ALR across the entire lane width. Maintain the pavement cross slope through corrective areas. vi. Perform surface corrections before placing permanent pavement markings. Replace permanent pavement marking damaged or destroyed by corrective work at no additional cost to the department. vii. The Engineer will consider ALR acceptable if the retested segment contains no ALR. The Engineer will reduce payment for ALR remaining after retesting as determined by the Engineer and in accordance with Table 7, “ALR Monetary Deductions and Corrective Work Requirements.” viii. After reprofiling, submit a paper summary ProVAL report for each lane, indicating the results of updated “smoothness assurance” analyses to the Engineer. Submit a spreadsheet summary in tabular form, with each 0.1 mile segment occupying a row to the Engineer. The Contractor may access an acceptable spreadsheet summary template in electronic form on the MnDOT Smoothness website. M. Pavement Thickness 1. Thickness requirements: Provide pavement with a finished pavement thickness as shown on the plans or as modified, in writing, by the Engineer. 2. Procedure: Construct pavement to the thickness shown on the plans. On each project and on each pavement, evaluate pavement thickness in accordance with the following: a. The Engineer defines plan thickness lot (PTL) as concrete pavement of the same thickness added together lineally. Establish a separate PTL for each concrete plan thickness on the project. The Engineer defines a sublot as the rate at which an individual measurement is taken over a given length. The Engineer considers a sublot as one lane wide, measured in accordance with the following: i. From the pavement edge to the adjacent longitudinal joint, ii. From one longitudinal joint to the next, or iii. In the absence of a longitudinal joint, between pavement edges. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 34 b. The Engineer will divide the PTL into sublots of 500 lineal lane feet to determine the QCP locations. The Engineer will add partial sublots less than 500 feet to the previous lot. The Engineer will consider partial sublots equal to or greater than 500 lineal lane feet as individual sublots. If the PTL for the entire project is less than 500 lineal lane feet, the Engineer will consider the PTL as an individual sublot. The Engineer will identify the QCP thickness measurement locations in accordance with the following: i. Determine the longitudinal locations using random numbers multiplied by length of the sublot. ii. Determine the transverse offset locations using a random number multiplied by the width of the traffic lane, ramp, or loop at the determined longitudinal location. iii. Adjust the location to ensure the Contractor takes no measurements within 1 foot of the pavement edge and takes no measurements within 2 feet of any transverse or longitudinal joint or other obstructions. c. Contractor QCP Probing Equipment and Probing Method: Provide the following equipment as approved by the Engineer to perform QCP probing: i. Probing rod meeting the following characteristics and requirements: • Non-flexing, • Length capable of completely penetrating the pavement for measuring, • Utilizes a circular or square top plate, • Contains a centrally located hole in the top plate with a diameter allowing for easy maneuvering along the length of the probing rod, and • Fitted with a locking device fixing the angle between the top plate and the probing rod at 90 degrees when locked. ii. Work bridge meeting the following characteristics and requirements: • Spans the full width of the freshly laid concrete, • Supports a person, and • Height above the concrete allows for the use of the probing device. iii. Tape measure accurate to nearest ⅛ inch and with a length capable of measuring the depth of penetration of the probing device into the plastic concrete pavement. d. Contractor Quality Control Probing (QCP) Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 35 i. Measure the pavement thickness of freshly finished concrete pavement at a rate of 1 per 500 lineal feet per lane of pavement. ii. Place the base plates at the randomly selected locations and anchor the plates to prevent movement during concrete placement. Mark the locations of the base plates to ensure ease of locating the plates after the paver has passed, iii. Position the bridge at the selected locations to reach and locate each point, iv. Assemble the probing device. Keeping the probing rod perpendicular to the pavement surface, insert the rod into the plastic concrete until the rod strikes the base plate, v. Slide the top plate down the probing rod until it contacts the pavement surface, then lock to the probing rod, vi. Withdraw the probing device, and vii. Measure the length of the probing rod inserted into the plastic concrete from the underside of the top plate to the end of the probing rod. Record this measurement to the nearest ⅛ inch. viii. Provide daily summary reports listing the results of the day’s QCP thickness measurements and additional probing results to the Engineer. e. Non-conforming thickness i. The Engineer will base acceptance of the pavement thickness and price adjustment for deficient thickness on the QCP measurements. ii. The Engineer defines the tolerance limit for pavement thickness as the plan thickness lot (PTL) minus ½ inch. If the QCP measurement shows a thickness deficiency greater than PTL minus ½ inch, take additional probings at the location of the deficient QCP. If any QCP reading shows a thickness deficiency greater than PTL minus ½ inch, consider the pavement defective and take exploratory QCP measurements to isolate the defective area. iii. The Engineer defines the defective pavement area as the entire area surrounding the deficient QCP reading within a traffic lane and between acceptable QCP readings. The Engineer considers the pavement acceptable in the remaining areas as the increment where the probing shows a thickness deficiency no greater than PTL minus ½ inch. iv. For QCP readings showing a pavement thickness greater than the PTL minus ½ inch to 1 inch, the Contractor may leave the pavement in place with a monetary deduction of $20 per square yard for the defective pavement area, as approved by the Engineer. v. For readings showing a pavement thickness greater than PTL minus 1 inch, the Engineer will determine whether the Contractor will remove and replace Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 36 concrete pavement or leave the pavement in place at no cost to the Engineer and apply a monetary deduction of $20 per square yard for the defective pavement area. vi. The Engineer will consider the pavement thickness as conforming provided the deficiency of the final average PTL does not exceed PTL minus 0.10 inch. If the final average PTL is deficient by more than the PTL minus 0.10 inch, the Engineer will pay for the pavement in the PTL at the contract unit price less the monetary deductions in accordance with Table 8, excluding areas of defective pavement. Table 8 Deductions for Concrete Pavement Thickness Deficiencies Thickness Deficiency Exceeding Permissible Deviations, in. Adjusted Unit Bid Price Per sq. yd. of Payment 0.00 – ≤ 0.10 None (tolerance) 0.10 – ≤ 0.20 $0.20 0.20 – ≤ 0.30 $0.40 0.30 – ≤ 0.40 $0.70 0.40 – ≤ 0.50 $1.00 0.50 – ≤ 1.00 * $20.00 N. Acceptance of Concrete Compressive Strength A strength test is defined as the average (28-day) strength of three (3) cylinders fabricated from a single sample of concrete and cured in accordance with ASTM C31 or the MnDOT Concrete Manual. The Engineer will consider concrete acceptable provided both conditions are met: (1) No strength test is less than 3500 psi; and (2) The moving average of 3 consecutive strength tests is greater than or equal to 4000 psi. If a project does not establish a moving average of 3 consecutive strength tests, use either the single strength test or the average of 2 strength tests to determine acceptance. If the moving average of three (3) consecutive strength tests falls below 87.5% of f’c, the Contractor will make immediate adjustments to the Concrete Mix Design in question or use an alternate approved Concrete Mix Design. If any strength test falls below either condition (1) or (2) above, the Contractor and Engineer will mutually agree on an Independent Third Party to investigate the low strength results. If the Independent Third Party determines the concrete in question is acceptable to remain in place with no additional testing, the Engineer will determine if a price adjustment is required in accordance with Table 10. If it is determined that the concrete in question is not acceptable: Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 37 (1) The Independent Third Party will core and test the concrete in question in accordance with ASTM C42. (2) The Engineer will identify a minimum of three (3) locations for the Independent Third Party to core. The Independent Third Party will take one (1) core at each location. (3) The Contractor is responsible for ensuring the core holes are repaired. (4) The Engineer will require the Contractor to complete all coring within 14 days of notification of the low-strength concrete. The Independent Third Party will review the core test results and evaluate in accordance with Table 9, providing all other concrete tests meet requirements. Table 9 Evaluation of Core Test Results Core (average of 3 cores) Test Results: Engineer Considers Concrete: Cost of Coring and Testing: Resolution: ≥ 85% of f’c Acceptable to remain in place Engineer responsibility No monetary adjustment, and consider any additional actions in accordance with Table 10. < 85% of f’c Unacceptable Contractor responsibility Remove and replace concrete in accordance with 1503, “Conformity with Contract Documents,” and 1512, “Unacceptable and Unauthorized Work,” as directed by the Engineer. If the Engineer, in conjunction with the Concrete Engineer, determines the concrete can remain in place, the Engineer may not pay for the concrete or will pay at an adjusted Contract Unit Price, and consider any additional actions in accordance with Table 10. Non-Conforming Material If the Contractor inadvertently places concrete not meeting the strength requirements into the work, the Engineer will not accept nonconforming concrete at the contract unit price. For concrete not meeting the moving average of three (3) consecutive strength tests, the Engineer will make determinations regarding the disposition, payment, or removal. The Department will adjust the contract unit price for the contract item of the concrete in accordance with Table 10 based upon cylinder strength test results. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 38 Table 10 Deductions for Low-Strength Test Results Moving Average of 3 Consecutive Strength Tests Adjusted Contract Unit Price > 93.0% of f’c The Engineer will provide a monetary adjustment of $12.50 per cubic yard for the concrete placed as approved by the Engineer. ≥ 87.5% and ≤ 93.0% of f’c The Engineer will provide a monetary adjustment of $25.00 per cubic yard for the concrete placed as approved by the Engineer. < 87.5% of f’c Remove and replace concrete in accordance with “Conformity with Contract Documents,” and “Unacceptable and Unauthorized Work,” as directed by the Engineer. If the Independent Third Party and the Engineer determine the concrete can remain in place, the Engineer will not pay for the concrete. PART 4. CONCRETE STRENGTH BY THE MATURITY METHOD 4.1 Concrete Strength by the Maturity Method A. Determining concrete maturity (time temperature factor, TTF) and estimating in-place concrete strength is a two-step procedure as follows: 1. Maturity curve: Establish a relationship between the maturity (TTF) and the concrete strength as measured by destructive methods (that is, through testing of concrete cylinders or beams). Develop the maturity-strength curve at the plant site at the beginning of construction using project materials and the project proportioning and mixing equipment. 2. Field maturity: The second step is the temperature monitoring of the placed concrete. Install temperature probes in the concrete and measure the temperature. From those measurements, along with the age at which the measurements were taken, calculate the maturity (TTF) and use it to estimate the concrete strength. You may also use a maturity meter to determine the maturity value (TTF). Many products are available in the marketplace with embedded probes that transfer data either through a wire connection or wireless. This data is a complete record of the temperature and humidity or the concrete since it was embedded. Some chips can hold either 28 or 56 days’ worth of data. B. Maturity can be used for any concrete mix on a project, but might be most helpful for early-strength concrete mixes. These mixes are used to open sections of pavement to traffic as soon as possible using maturity as a non-destructive testing method of estimating the concrete strength at any time. Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 39 C. Early-strength concrete can be used for any pavement, crosswalks, median noses, valley gutter, and curb and gutter as needed. Early-strength concrete shall achieve sufficient strength to be opened to traffic within three days of placement, or earlier if the compressive strength of 3000 psi is achieved. Because of the accelerated rate of hardening of early-strength concrete, the Contractor shall take such extra precautions as necessary to ensure satisfactory finishing of early strength concrete. D. The Contractor shall place the maturity-measuring device in the final 15 feet of concrete placed, which will control the opening time for all the concrete placed that day. For concrete pavement, the maturity device shall be located on the outside edge of the slab, at least 1 foot and not more than 2 feet from the edge. E. The Contractor shall develop maturity relationships for each mix design in accordance with ASTM C 1074 with the following additions or modifications: 1. The cylinders used to establish the strength vs. maturity relationship shall be cast and cured in the field in conditions similar to the project. 2. These specimens shall be tested at 1, 2, 3, 5, 7, and 14 days. 3. Testing to determine datum temperature will not be required. F. The Contractor shall provide the maturity-measuring devices, probes, meters, and all necessary wires and connectors. The Contractor shall be responsible for the placement, protection, and maintenance of the maturity devices, wires, and meters. The equipment will be the property of the Contractor. The cost will be paid under “Maturity Testing for Compressive Strength.” Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 40 PART 5. PRE-POUR MEETING 5.1 Pre-Pour Meeting for Concrete Pours > 500 cubic yards Guidelines for a concrete pre-placement meeting are only required for each concrete pour greater than 500 cubic yards of concrete. The Contractor is responsible for taking minutes at the pre-placement meeting and distributing to all parties who attended the meeting. A. Project Participants 1. Owner a. Contact Name: _________________ Contact Number:_____________________ 2. Engineer 3. Contact Name: _________________ Contact Number:_____________________ 4. General Contractor a. Contact Name: _________________ Contact Number:_____________________ 5. Concrete Contractor a. Contact Name: _________________ Contact Number:_____________________ 6. Concrete Producer a. Contact Name: _________________ Contact Number:_____________________ 7. Testing Firm a. Contact Name: _________________ Contact Number:_____________________ B. Grading and Base 1. Base material type and source 2. Compaction method to be used 3. Are separate procedures for backfilling trenches in the grade specified? 4. Party responsible for approving final grade and elevation a. Contact Name: _________________ Contact Number:_____________________ b. Amount of advance notice needed to schedule inspection 5. Plan to protect finished grade from weather and vehicle traffic 6. Approximate completion date of base preparation Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 41 C. Proposed Concrete Pour Schedule 1. Number of pours and pour size 2. Approximate dates for pours 3. Is there a noise variance? What time can work start in the morning? 4. Has the concrete Contractor notified the concrete producer and discussed the pour schedule? D. Concrete Mix and Concrete Production 1. Have concrete mix designs been submitted and approved? a. What are the sources of the coarse and fine aggregate? b. Do they meet the aggregate quality requirements? c. Does the project require enhanced coarse aggregate quality? d. Does the fine aggregate require mitigation? 2. Will high early mixes be needed? Have they been submitted and approved? 3. Mix Name Use Spec’d Air Spec’d Slump Spec’d Strength ________ _________ ________ ___________ _____________ ________ _________ ________ ___________ _____________ ________ _________ ________ ___________ _____________ ________ _________ ________ ___________ _____________ ________ _________ ________ ___________ _____________ 4. Are there exterior concrete mixes approved for the project? a. Are the water-to-cementitious ratios 0.45 or below? b. Are the mixes air entrained? 5. Do the specifications allow the addition of water and/or admixtures to concrete on site? 6. Primary concrete batch plant location 7. Producer batch plant/quality control contact information a. Contact Name: _________________ Contact Number:_____________________ 8. Travel time to job site 9. Back-up batch plant location and contact information Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 42 10. Will batch tickets be printed for loads of concrete delivered to job site? 11. Who is responsible for saving batch tickets for the project records? E. Concrete Field Testing 1. Engineer Party responsible for testing a. Contact Name: _________________ Contact Number:_____________________ 2. Contractor Party responsible for testing a. Contact Name: _________________ Contact Number:_____________________ 3. Advance notice needed to schedule on-site testing 4. Frequency of testing a. Plastic concrete b. Hardened concrete 5. Cylinder storage and handling a. What is the procedure for protecting cylinders on site? b. Who is responsible for providing the concrete test cylinder curing environment? 6. Has the concrete producer been added to the distribution list for test results? 7. What criteria will be used to address concrete that doesn’t meet plastic concrete specifications? Who is responsible for acceptance of the concrete? a. Contact Name: _________________ Contact Number:_____________________ F. Concrete Placement 1. Proposed placement sequence a. Equipment to be used for each placement b. Are there any special pours or unusual conditions on site? 2. Joints a. What is the saw cutting window? b. What is the joint layout / spacing? c. Are there special considerations for joints around embedded objects? d. Are the joints to be sealed? Minnesota Concrete Flatwork Specifications Version 3.00 March 19, 2014 43 i. Proposed joint sealant product ii. Proposed joint sealant procedure 3. Dowels and reinforcement as required by the plans. 4. Inclement weather a. Will supplies be on site in case of unexpected rain? b. Hot weather plan i. What is the hot weather plan? ii. When will the hot weather plan be used? c. Cold weather plan i. What is the cold weather plan? ii. When will the cold weather plan be used? 5. Curing plan a. Proposed curing product – is it MnDOT-approved? b. Time frame to apply curing compound c. Application rate d. Proposed curing equipment 6. Party responsible for allowing concrete to be opened to any type of traffic: a. Contact Name: _________________ Contact Number:_____________________ b. Is the Contractor using the Maturity Method for Strength Development? 44 DIVISION II SPECIAL PROVISIONS - MINNESOTA CONCRETE FLATWORK SPECIFICATIONS PART 1. GENERAL 1.2 Description of Work For Refuse Cart Pad, the work consists of removing existing materials to a depth of 10” below finish grade, installing 6” of compacted Class 5 aggregate base and 4” concrete pad. Work locations can either be next to street or next to alley. Locations next to alley are typically between the garage and the alley, limiting the work area. 1.5 Measurement and Payment Measurement and Payment for Concrete Pavement, Driveway Pavement Entrances and Sidewalk and Concrete Median shall be by the square foot of concrete area as shown in the proposal form. Measurement and payment for Reinforced Concrete Sidewalk shall be by the square foot as shown in the proposal form. Reinforcing steel shall be considered incidental to sidewalk construction. Measurement and payment for Refuse Cart Pad shall be by the square foot of concrete area as shown in the proposal form. Removal and disposal of on-site material and installation of Class 5 aggregate base shall be considered incidental to Refuse Cart Pad construction. PART 2. PRODUCTS 2.1 Materials D. Coarse Aggregate for Concrete Enhanced coarse aggregate (Table 4) is not required for the concrete. I. Curing Covering Materials The colored-concrete shall be cured with CPC Cure and Seal by Cemstone and later treated with CPC Super Clear Coat by Cemstone. Refer to Section 3.8 Curing of All Concrete in these Special Provisions. J. Truncated Domes TRUNCATED DOMES FOR PEDESTRAIN RAMPS: The truncated domes for 45 pedestrian ramps shall be constructed using Coated Cast Iron Detectable Warning Plates as manufactured by Neenah Foundry Company or an approved equal. The color shall be “Dark Gray” unless otherwise directed by the City Engineer. PART 3. EXECUTION 3.5.1 Concrete Pavement Construction O. Construction of Joints 4. Isolation/expansion joints Install ½” full depth preformed joint filler material as directed. 3.6 Curb and Gutter Construction B. Joint Construction 2. Construction joints shall be sawcut in concrete gutter sections located within the pedestrian access route (PAR). 3.7 Sidewalk Construction A. Joint Construction 1. Match the existing scoring pattern on the reinforced concrete sidewalk. 3. Construction and grade break joints shall be sawcut in concrete sidewalk located within the pedestrian access route (PAR). 1 SPECIAL PROVISIONS - SP2018 BOOK Created October 20, 2017 Last Revision by CO Special Provisions: 12/08/20 S-176 (2461) STRUCTURAL CONCRETE REVISED 04/09/20 SP2018-156 MnDOT 2461 is modified as follows: S-176.1 MnDOT 2461.2.F.1.c shall be deleted and replaced with the following: F.1.c Slump Designation The Department will designate the maximum slump as defined by the Grade Designation in accordance with Table 2461-6 and Table 2461-7. S-176.2 Table 2461-3 of MnDOT 2461.2.F.1.d shall be deleted and replaced with the following: Table 2461-3 Coarse Aggregate Gradation Designation for Concrete Designation Coarse Aggregate Gradation 1 2301, “Concrete” Pavement Only 2 ASTM #67 3 ASTM #7 4 ASTM #89 7 CA-70 8 CA-80 S-176.3 Table 2461-5 of MnDOT 2461.2.F.2.a(2) shall be deleted and replaced with the following: Table 2461-5 Concrete Mix Design Requirements for Grout and Lean Mix Backfill Mixes Mix Number Maximum w/c ratio Water Content (pounds) Cement Content (pounds) Fly Ash Content (pounds) Fine Aggregate Calculation (pounds) Coarse Aggregate Calculation (pounds) %Air Content Slump Range Minimum 28-day Compressive Strength, f’c 1AGROUT * 0.50 379 758 0 100% † 0 3.0% As needed 4000 psi 3AGROUT * 0.44 379 865 0 100% † 0 10.0% As needed 4000 psi Lean Mix ǁ 1.00 375 125 250 50% † 50% † ǂ N/A 10 inch ± 1 inch # * Do not provide grout containing coarse aggregate or fly ash. ǁ Coarse Aggregate Quality meets requirements of 3137.2.D.1, “Coarse Aggregate for General Use.” † After adding the specified quantities of cement, fly ash, and water, provide the remaining aggregate to an absolute volume 27.00 – 27.27 cubic feet ǂ Meeting ASTM #67 gradation as shown in Table 3137-4 # Maximum 28-day compressive strength of 1500 psi S-176.4 Table 2461-6 of MnDOT 2461.2.F.2.b(1) shall deleted and replaced with the following: 2 Table 2461-6 Concrete Mix Design Requirements (Not applicable to Mass Concrete) Concrete Grade OLD Mix Number NEW Mix Number Intended Use * Maximum w/c ratio ║ Maximum Cementitious Content (lbs/yd3) Maximum %SCM (Fly Ash/ Slag/Ternary) Slump Range Minimum 28-day Compressive Strength, f’c 3137 Spec. B Bridge Substructure 3Y43 3B52 Abutment, stems, wingwalls, paving brackets, pier columns and caps, pier struts 0.45 750 30/35/40 2 - 5” 4000 psi 2.D.1 F Flatwork 3A22 3Y22 3F32 Curb and gutter 0.42 750 30/35/0 ½ - 3” # 4500 psi 2.D.1 3A32 3Y32 3A34 3F52 3F57EX † 3F52CO ‡ Sidewalk, curb and gutter, slope paving, median sidewalk, driveway entrances, ADA pedestrian sidewalk 0.45 750 25/30/0 2 - 5” 4500 psi 2.D.1 G General Concrete 1A43 1G52 Footings and pilecap 0.55 750 30/35/40 2 - 5” 4500 psi 2.D.1 3A43 3B42 3Y43 3G52 Footings, pilecap, walls, cast-in-place manholes and catch basins, fence posts, signal bases, light pole foundations, erosion control structures, cast-in-place box culverts, culvert headwalls, open flumes, cast-in-place wall stems 0.45 750 30/35/40 2 - 5” 4500 psi 2.D.1 M Median Barrier 3Y12 3M12 Slipform barrier, Median barrier, non-bridge 0.42 750 30/35/40 ½ - 1” # 4500 psi 2.D.1 3Y32 3M52 Barrier, Median barrier, non-bridge 0.45 750 30/35/40 2 - 5” 4500 psi 2.D.1 P Piling 1A43 1P42 MSE and gravity wall leveling pad 0.63 750 30/35/40 2 - 4” 3000 psi 2.D.1 1C62 1P62 Piling, spread footing leveling pad 0.63 750 30/35/40 3 - 6” 3000 psi 2.D.1 R Pavement Rehabilitation 3A32 3B42 3R52 CPR - Full depth concrete repairs, concrete base 0.45 750 30/35/40 2 - 5” 4000 psi 2.D.3 S Bridge Superstructure 3Y16 3S12 Slipform bridge barrier, parapets, end post 0.42 750 30/35/40 ½ - 1” # 4000 psi 2.D.2 3A32 3A42 3Y43 3Y46 3Y46A 3S52 Median barrier, raised median, pilaster, curb, sidewalk, approach panel, formed bridge barrier, parapet, end post, collar 0.45 750 30/35/40 2 - 5” 4000 psi 2.D.2 X Miscellaneous Bridge 1X62 1X46 1X62 Cofferdam seals, rock sockets, drilled shafts 0.45 750 30/35/40 3 - 6” 5000 psi 2.D.1 3X46 3X62 Drilled shafts above frost line 0.45 750 30/35/40 3 - 6” 5000 psi 2.D.1 Y Bridge Deck 3Y33 3Y33A 3Y36 3Y36A 3Y42-M § 3Y42-S § Bridge decks, integral abutment diaphragms, pier continuity diaphragms, expansion joint replacement mix 0.45 750 30/35/40 2 - 4” 4000 psi 2.D.2 3A37 3Y37 3Y47 ** Deck patching mix 0.45 750 30/35/40 2 - 4” 4000 psi 2.D.2 * If the intended use is not included elsewhere in the Specification or Special Provisions, use mix 3G52, unless otherwise directed by the Engineer. ║ The minimum water/cement (w/c) ratio is 0.30. † Mix 3F57EX requires the use of Coarse Aggregate Designation “7”, “2” or “3” for the 4th digit in accordance with Table 2461-3. ‡ Identify specific color used on the certificate of compliance. Colored concrete is only allowed when specified in the plans or the Contract. # Adjust slump in accordance with 2461.3.G.7.a for slipform concrete placement. § The “-S” indicates a bridge deck with a structural slab and “-M” indicates a monolithic bridge deck. ** Mix 3Y47 requires the use of Coarse Aggregate Designation “7” or “3” for the 4th digit in accordance with Table 2461-3. 3 S-176.5 Table 2461-7 of MnDOT 2461.2.F.2.b(3) shall be deleted and replaced with the following: Table 2461-7 High-Early (HE) Concrete Requirements (Not applicable to Bridge Superstructure or Mass Concrete) Mix Number Concrete Grades Allowed Minimum Time to Opening Maximum w/c ratio Maximum Cementitious Content (lbs/ yd3) * Slump Range Minimum Strength to Opening Minimum 28-day Compressive Strength, f’c 3137 Spec. 1PHE62 ║ P - 0.63 750 3 - 6” - 3000 psi 2.D.1 3HE32 F 48 hrs 0.42 750 1 – 3” † 3000 psi 4500 psi 2.D.1 3HE52 B, F, G 48 hrs 0.42 750 2 – 5” 3000 psi 4500 psi 2.D.1 3YHE52 Y (Repairs Only) 48 hrs 0.42 750 2 – 5” 3000 psi 4000 psi 2.D.2 3RHE52 R (Repairs Only) 48 hrs 0.42 750 2 – 5” 3000 psi 4000 psi 2.D.3 * Supplementary Cementitious Materials allowed. ║ Used only for placing concrete in piles during freezing temperatures, provide 30 percent additional cement to the concrete mix for concrete 10 feet below the ground line or water line in accordance with 2452.3.D.6, “Cast- in-Place Concrete Piles.” † Adjust slump in accordance with 2461.3.G.7.a,”Concrete Placed by the Slip-form Method.” S-176.6 Table 2461-8 of MnDOT 2461.2.F.2.b(3) shall be deleted and replaced with the following: Table 2461-8 Project Specific Contractor Designed Mixes Concrete Grade Intended Use Specification 3137 Spec. A Concrete Pavement 2301 2.D.3 M, V, W, Z Precast Concrete 2462 Varies HPC High Performance Concrete Special Provision 2401 2.D.2 MC Mass Concrete Special Provision 2401 Varies SCC Self-consolidating Concrete Special Provision 2401 Varies CLSM Cellular Concrete Grout 2519 None All concrete grades Delivery time is > 90 minutes 2461.3.G.3.a Varies S-176.7 MnDOT 2461.2.F.3 shall be deleted and replaced with the following: F.3 Submittal Requirements At least 21 calendar days before initial placement of the concrete, submit the appropriate General Concrete Mix Design Submittal form to the Concrete Engineer for approval. Always use the most current forms available from the MnDOT Concrete Engineering Website. Design the concrete mix to an absolute volume of 27.00 – 27.27 cu. ft. The Concrete Engineer will: (1) Provide specific gravity and absorption data using oven dry (OD) weights for mix design calculations. (2) Review the mix design submittal and approve the materials and mix design for compliance with the Specifications. 4 Table 2461-9 defines the mix design submittal requirements for Level 1 and Level 2 Mixes. S-176.8 Table 2461-9 of MnDOT 2461.2.F.3 shall be deleted and replaced with the following: Table 2461-9 Mix Design Submittal Requirements SCM Substitution Limits Fine Aggregate Limit Gradation Requirements Preliminary Test Data Requirements Submittal Package Level 1 Mixes * Fly Ash: 0 – 15% Slag: 0 – 35% 40 – 45% of total aggregate by volume ║ 3126 and 3137 None General Concrete Mix Design Level 2 Mixes Fly Ash: > 15% Ternary: Any None Use Either: • 3126 and 3137 • Job Mix Formula (JMF) 2461.2.F.3.a Use Either: • General Concrete Mix Design • General Concrete Mix Design (JMF) * High Early concrete in accordance with Table 2461-7 is defined as a Level 1 Mix. ║ Fine aggregate limit does not apply to exposed aggregate concrete mixes. S-176.9 The second paragraph of MnDOT 2461.2.F.3.a(1) shall be deleted and replaced with the following: The Concrete Engineer considers a suitable experience record to have the following characteristics as compared to the proposed mix: (A) A required average strength (f’cr) no greater than 1000 psi above the required 28-day compressive strength, (B) Same type or grade of cementitious materials, (C) Same class of coarse aggregate, (D) Same supplementary cementitious proportion, (E) Individual aggregate weights within 10% of the proposed, (F) Water/Cement ratio no greater than 0.45, (G) Total cementitious weight within 5% of proposed, and (H) Batching conditions and testing procedures similar to those expected for the proposed work. S-176.10 Table 2461-10 of MnDOT 2461.2.F.3.b shall be deleted and replaced with the following: Table 2461-10 Required Average Strength (f’cr) Equations* Required Average Strength f’c ≤ 5000 psi* f’cr = f’c + 1.34S OR f’cr = f’c + 2.33S – 500 f’c > 5000 psi f’cr = 0.90f’c + 2.33S *When f’c ≤ 5000 psi, f’cr is the larger value computed from the equations. 5 S-176.11 Table 2461-11 of MnDOT 2461.2.F.4 shall be deleted and replaced with the following: Table 2461-11 Mix Design Adjustments Requirements Type of Change or Adjustment Mix Design Resubmittal Requirements Level 1 Mixes • Cementitious Sources • Admixture Sources • Admixture Dosage Rate No resubmittal required • Aggregate Sources • Aggregate Proportions • Any cementitious proportion (≤ 15% max fly ash) Resubmittal of Mix Design • Any cementitious proportion (> 15% max fly ash) Resubmittal in accordance with 2461.2.F.3.a Level 2 Mixes • Cementitious Sources • Admixture Dosage Rate No resubmittal required • Aggregate Source, no change in Aggregate Class • ≤ 5% Total Cementitious • ≤ 10% Individual Aggregate Weights Resubmittal of Mix Design • Aggregate Source and Class of Coarse Aggregate • Supplementary Cementitious Proportion • > 5% Total Cementitious • > 10% Individual Aggregate Weights • Admixture Sources Resubmittal in accordance with 2461.2.F.3.a * Only one (1) increase in total cementitious allowed per mix design, next adjustment requires resubmittal in accordance with 2461.2.F.3.a, “Preliminary Test Data Requirements for Level 2 Mixes” S-176.12 MnDOT 2461.3.D shall be deleted and replaced with the following: D Batching Requirements The Concrete Engineer will allow only Large Capacity Scale companies authorized by the Minnesota Department of Commerce, Weights and Measures Division to calibrate weighting equipment and meters for MnDOT projects. A list of authorized companies is available from the MnDOT Concrete Engineering Unit website. Calibration of weighing equipment is required within three months prior to plant certification each calendar year. Calibrate weighing equipment and perform spot checks in accordance with the Concrete Manual. S-176.13 The second paragraph of MnDOT 2461.3.D.1.c shall be deleted and replaced with the following: Calibration of the water meter is required within three months prior to plant certification each calendar year. Calibrate the water meter and perform spot checks in accordance with the Concrete Manual. S-176.14 MnDOT 2461.3.F through MnDOT 2461.3.F.5.f shall be deleted and replaced with the following: F Certified Ready-Mix Concrete Provide concrete from a certified ready-mix plant listed on the MnDOT Concrete Engineering Unit website. Ensure the Producer performs quality control of concrete production and complies with the MnDOT Certified Ready-Mix Plant Program. Provide batches for a delivered load of concrete in sizes of at least 1 cu. yd. 6 The Engineer may reject ready-mix concrete delivered to the work site that does not meet the specified requirements for delivery time, consistency, quality, air content, or other properties, as unauthorized or unacceptable work in accordance with 1512, “Unacceptable and Unauthorized Work.” F.1 Certified Ready-Mix Plant Program The Producer will perform Quality Control (QC) under the certification program for ready-mix concrete plants in accordance with 2461.3.F.4, “Contractor Quality Control.” The Engineer will perform Quality Assurance (QA) as part of the acceptance process in accordance with 2461.3.F.5, “Agency Quality Assurance.” F.1.a Plant Certification Prior to the production of Department concrete each construction season, a MnDOT Certified Concrete Plant Technician, representing the Department, shall perform a thorough on-site inspection of the concrete plant with a MnDOT Certified Concrete Plant Technician, representing the Producer. In order to obtain certification, complete the following: (1) The Producer will complete MnDOT Form 2163, Concrete Plant Contact Report, prior to the on-site inspection with the Department Representative. (1.1) A MnDOT Certified Concrete Plant Technician, representing the Producer, signs the Concrete Plant Contact Report certifying compliance with the Certified Ready Mix requirements and continual maintenance of the plant to assure that the plant can produce concrete meeting MnDOT Specifications. (1.2) A MnDOT Certified Concrete Plant Technician, representing the Department, signs the Concrete Plant Contact Report signifying that the plant complies with all requirements prior to concrete production. (2) Identify persons responsible for testing and overseeing plant operations on MnDOT Form 2163, Concrete Plant Contact Report. Provide their email, cell phone number, and MnDOT Technical Certification number. (3) Include a site map showing stockpile locations identified with the MnDOT pit number. (4) Provide cementitious and admixture samples. (5) Provide a computerized batching system capable of meeting the requirements of 2461.3.F.2, “Certificate of Compliance.” (6) Provide continuous access on-site to the Concrete Manual available from MnDOT’s website. (7) Supply a working email address, including an active internet connection, at the certified ready-mix plant. (8) Provide calibrated electronic scales for weighing materials. (9) Provide facilities in accordance with 1604, “Plant Inspection – Commercial Facility,” for the use of the plant technician in performing tests. The Department Representative will submit the completed Contact Report and current Certificate of Compliance to the MnDOT Concrete Engineer for final determination of certification. F.1.b Maintaining Plant Certification The Producer will maintain plant certification by: (1) Displaying the current Contact Report and site map in plain sight at all times. (2) Updating the Contact Report with any material or equipment changes and submitting to the Department. (3) Making Producer Plant QC Workbook and QC charts available electronically at all times. (4) Performing the responsibilities identified in 2461.3.F.4, “Contractor Quality Control.” (5) Supplying the following information at the request of the Engineer: (5.1) Approved mix design sheets, (5.2) Agency cementitious and admixture test results, (5.3) Agency verification gradation test results, 7 (5.4) Aggregate quality test results. (6) Keeping plant reports, charts, and supporting documentation on file at the plant site for 5 calendar years. F.1.c Certified Ready-Mix Plant Decertification The Concrete Engineer, with coordination from the Engineer, may decertify the plant and halt production of concrete under any of the following conditions: (1) Unauthorized procedural, material, or equipment changes made after the completion of the Concrete Plant Contact Report, (2) Failure to meet the required testing rates, (3) Failure to complete required documents, (4) Failure to provide competent MnDOT Certified Plant Technicians, (5) Disregard of any of the requirements of 2461.3.F, “Certified Ready-Mix Concrete,” or (6) Falsification of test records or certificates of compliance. F.2 Certificate of Compliance Provide a computerized Certificate of Compliance with each truckload of ready-mixed concrete at the time of delivery. The Department defines computerized to mean a document that records mix design quantities from load cells and meters. If the computer that generates the Certificate of Compliance malfunctions, the Engineer may allow the Contractor to finish any pours in progress if the Producer issues a handwritten MnDOT Form 0042, Certificate of Compliance with each load. The Engineer will not allow the Producer to begin new pours without a working computerized Certificate of Compliance. Provide a computerized Certificate of Compliance that includes all of the following information: (1) Name of the ready-mix concrete plant, (2) Name of the Contractor, (3) Date, (4) State Project Number (SP) or (SAP), (5) Bridge Number (if applicable), (6) Time concrete was batched, (7) Truck number, (8) Quantity of concrete in this load, (9) Running total of each type of concrete, each day for each project, (10) Type of concrete (MnDOT Mix Designation Number), (11) Cementitious materials using MnDOT Standard Abbreviations, (12) Admixtures using MnDOT Standard Abbreviations, (13) Aggregate sources using 5 digit State Pit Numbers, (14) Admixture quantity in fluid ounces per 100 lb of cementitious materials or ounces per cubic yard, (15) Batch weights in columns in accordance with Table 2461-12: (15.1) Print in order a through k. (15.2) Use formula to calculate weights. (15.3) Head columns with Standard Labels. 8 Table 2461-12 Standard Certificate of Compliance Labels Formula Letter Formula Standard Label a Ingredients (aggregate, cementitious, water, admixture type) — Ingredient b Product Source (MnDOT Standard Abbreviation) — Source c Total Moisture Factor (in decimals to 3 places) — MCFac d Absorption Factor (in decimals to 3 places) — AbsFac e Mix design oven dry (OD) weights, lb/cu. yd — OD f Absorbed moisture in the aggregates, lb/cu. yd (e × d) Abs g Saturated surface dry (SSD) weights for aggregates, lb/cu. yd) (e + f) SSD h Free moisture, lb/cu. yd (c - d) × e Free Mst i Target weights for one cubic yard of concrete, lb/cu. yd (g + h) CY Targ j Target batch weights, lb (cu. yd × i) [cu. m × i] Target k Actual batch weights, lb — Actual NOTE: Actual cubic yards batched may vary due to differences in air content, weight tolerances, specific gravities of aggregates, and other variables. (16) Total Water (Batch Water + Free Moisture) in pounds, (17) Water available to add [(Mix Design Water × Batch Size) – Total water] in gallons, (18) Space to note the water adjustment information, including: (18.1) Water in gallons added to truck at plant (filled in by Producer, enter zero if no water is added), (18.2) Water in gallons added to truck at the jobsite (filled in by Producer or Engineer, enter zero if no water is added), and (18.3) Total actual water in pounds (Total Water from Certificate of Compliance plus any additions). (19) The following information printed with enough room beside each item to allow the Engineer to record the test results: (19.1) Air content, (19.2) Air temperature, (19.3) Concrete temperature, (19.4) Slump, (19.5) Cylinder number, (19.6) Location or part of structure, (19.7) Time discharge, and (19.8) Signature of Inspector. (20) Location for the Producer signature, (21) For colored concrete, final color. F.3 Definitions The Department defines ready-mix concrete as one of the following: (1) Central-mixed concrete proportioned and mixed in a stationary plant and hauled to the point of placement in revolving drum agitator trucks or a truck mixer, or (2) Truck-mixed concrete proportioned in a stationary plant and fully mixed in truck mixers. Table 2461-13 defines commonly used certified ready-mix terms. 9 Table 2461-13 Certified Ready-Mix Terminology Term Definition Mix design water The maximum allowable water content for 1 cu. yd of concrete. Total moisture factor Factor used to determine total amount of water carried by a given wet aggregate. Absorption factor Factor used to determine the water contained within the pores of the aggregate and is held within the particles by capillary force. Free moisture The water that is carried on the surface of the aggregate that becomes part of the total water. Batch water Water actually batched into the truck by the batcher. Batch water includes potable water and clarified water. Total water Batch water added to free moisture. Total water may also include the water used in diluting admixture solutions. Temper water Water added in mixer to adjust slump. Total actual water The water in the concrete mixture at the time of placement from any source other than the amount absorbed by the aggregate. It includes all batch water placed in the mixer, free moisture on the aggregate and any water added to the ready mix truck prior to placement. Ready-Mix Producer or “Producer” Party that is producing the concrete for the Contract. It is understood that the Ready-Mix Producer is the agent of the Contractor. Water/Cement (w/c) Ratio W/C ratio is defined as the ratio of the total water weight to the total cementitious weight, which includes cement and supplementary cementitious materials. Real time The actual time during which something takes place. F.4 Contractor Quality Control (QC) The Producer’s daily responsibilities include the following: (1) Provide qualified personnel. (2) Maintain laboratory equipment within allowable tolerances. (3) Randomly spot check concrete batching to verify batch weights and tolerances. (4) Check the bins and piles for segregation, contamination, or interblending of the aggregates. (5) Check that mix trucks are clean, blades are not worn, and revolution counters are working properly. F.4.a Personnel The Producer will provide the following personnel: (1) Quality Control Plant Technician(s) to perform all testing and QC requirements of 2461. The QC Plant Technician shall hold a current MnDOT Concrete Plant Certification. (2) Quality Control Supervisor responsible for oversight of all QC testing and daily plant operations. The Quality Control Supervisor shall hold a current MnDOT Concrete Plant Certification and is required to remain on-site during concrete production or have cellular phone availability. (3) Quality Control Manager responsible for oversight of the Quality Control Supervisor and the certified ready-mix plant program. F.4.b Sampling and Testing Take aggregate, cementitious, and admixtures samples in accordance with ASTM D 3665, Section 5, at a rate defined in the Schedule of Materials Control. Perform sampling and testing in accordance with the Concrete Manual. The Engineer may oversee the QC sampling and testing process. 10 Perform gradation and moisture testing at the certified ready-mix plant site. Use mechanical shakers for sieve analysis. Provide equipment and perform calibrations meeting the requirements of the following: (1) AASHTO T 27, “Sieve Analysis of Fine and Coarse Aggregates,” (2) AASHTO T 255, “Total Moisture Content of Aggregate by Drying,” (3) AASHTO M 92, “Wire-cloth Sieves for Testing Purpose,” and (4) AASHTO M 231, “Weighing Devices Used in the Testing of Materials.” F.4.c Aggregate Gradations Complete the Concrete Aggregate Worksheet for each aggregate size and source. If a QC gradation fails, retest immediately documenting both results. If an additional QC test is required for that week, the Engineer will not allow a retest gradation as a substitute for a QC gradation. The Engineer will not allow a verification companion gradation as a substitute for a QC gradation. Identify QC companion samples with the following information: (1) Date (2) Test number (3) Time (4) Type of material (5) Plant (6) Sampling location F.4.d Moisture Content Determine the moisture content using the oven-dry method in the Concrete Manual. Moisture probes to determine moisture content in the aggregates are not allowed without the approval of the Concrete Engineer. Complete the Batching Report for each aggregate size and source. Observe the batch person enter moisture contents into the batching system. Verify the moisture contents were entered correctly on the Certificate of Compliance. F.4.e Concrete Ready-Mix Plant QC Workbook Complete the Concrete Ready-Mix Plant QC Workbook which includes all of the following documents: (1) Diary (2) Batching Report (3) Concrete Aggregate Worksheet (4) Weekly Concrete Aggregate Report (5) JMF Concrete Aggregate Worksheet (6) JMF Weekly Concrete Aggregate Report The Producer will maintain the Concrete Ready-Mix Plant QC Workbook in real time using their full name for the diary and each test performed. The Producer’s designated Quality Control Supervisor will review and submit to the Engineer and the Concrete Engineering Unit by the Tuesday immediately following the previous week’s production. F.4.f Aggregate Gradation Control Charts and Sample Log Complete the Aggregate Gradation Control Charts in real time for each aggregate size and aggregate source by recording Producer QC gradation and Verification Companion gradation results. These results are included in the moving average calculation. Complete Sample Log in real time for all samples taken as follows: 11 (1) Record all aggregate samples taken by the Agency. (2) Record cementitious and admixture samples taken by the Producer and picked up by the Agency. F.4.g Signing the Certificate of Compliance The Producer’s MnDOT Certified Concrete Plant Technician will: (1) Review the first Certificate of Compliance for each mix type, each day, for accuracy; and (2) Legibly hand sign the Certificate of Compliance at a location designated for Producer signature signifying agreement to the terms of this program and to certify that the materials comply with the requirements of the Contract; and (3) Print their name and write their MnDOT Technical Certification Number next to their signature. F.5 Agency Quality Assurance (QA) The Engineer’s responsibilities each time the plant is visited include the following: (1) Confirm the Concrete Ready-Mix Plant QC Workbook and Aggregate Gradation Control Charts are accurate and up-to-date. (2) Check Certificate of Compliance for completeness and accuracy. (3) Spot check concrete batching to verify batch weights and tolerances. (4) Check the bins and stockpiles for segregation, contamination, and interblending of the aggregates. (5) Obtain aggregate samples per Schedule of Materials Control. (6) Observe Producer’s Certified Technician obtain aggregate samples and run gradation and moisture tests when possible. (7) Verify cementitious and admixtures are certified and approved. (8) Collect cementitious and admixtures samples per the Schedule of Material Control. (9) Provide the following Agency test results to the Producer in a timely manner: (a) Cementitious Materials (b) Admixtures (c) Gradations (d) Coarse Aggregate Quality (10) If any equipment malfunctions, testing procedures or test results are questionable, or unusual activity is occurring during the plant visit perform the following: (a) Continue monitoring at the plant and document observations in the diary. (b) Investigate to determine the origin of the concern and document the resolution. (c) Contact Independent Assurance Inspector, Project Engineer or Concrete Engineering Unit when necessary. F.5.a Personnel The Department will provide MnDOT Certified Concrete Plant Technicians to perform all of the duties of 2461.3.F.5, “Agency Quality Assurance.” F.5.b Sampling and Testing The Engineer will: (1) Take all samples randomly in accordance with ASTM D 3665, Section 5, at a rate defined in the Schedule of Materials Control. (2) Perform all sampling and testing in accordance with the Concrete Manual. (3) Use mechanical shakers for sieve analysis. F.5.c Aggregate Gradations The Engineer will: (1) Complete the Weekly Ready-Mix Plant Report for each aggregate size and source. (2) Compare the Agency results with the Producer’s companion gradation result for compliance with lab/field tolerance in accordance with 2461.3.F.6.b, Lab Field Tolerance. 12 F.5.d Batch Weight Verification Each time the Engineer visits the plant, they will observe the actual water batched in a single load of concrete in accordance with the following: (1) Watching the ready-mix truck reverse the drum after washing, (2) Verifying use of the current moisture test, (3) Verifying that any additional water added to adjust the slump is recorded, and (4) Validating water weights on the load batched and comparing the total water with the design water. The Engineer will document the actual water batched on the Weekly Ready-Mix Plant Report. F.5.e Concrete Ready-Mix Plant QA Workbook The Engineer will complete the Concrete Ready-Mix Plant QA Workbook in real time which includes all of the following documents: (1) Diary (2) Weekly Certified Ready-Mix Plant Report (3) Concrete Aggregate Worksheet if gradation testing performed in the field (4) JMF Concrete Aggregate Worksheet if gradation testing performed in the field Submit to the Engineer and the Concrete Engineering Unit by the Thursday immediately following the previous week’s production. F.5.f Non-compliance with Certified Ready-Mix Plant Program If the Engineer observes the Producer not complying with the requirements of the Certified Ready- Mix Plant Program, the Engineer will perform the following: (1) Verbally notify and promptly email the Producer and the Concrete Engineer the list of observed deficiencies and provide a deadline to correct the non-compliance. (2) If non-compliance is not corrected by the deadline, notify the Contractor and Producer that concrete production is unauthorized in accordance with 1512, “Unacceptable and Unauthorized Work.” The Concrete Engineer will determine if the severity of the non-compliance results in decertification of the plant in accordance with 2461.3.F.1.c, “Certified Ready-Mix Plant Decertification.” S-176.15 MnDOT 2461.3.G.3.a shall be deleted and replaced with the following: G.3.a Delivery Time Beyond 90 Minutes If the haul time does not facilitate mixing and placing the concrete within 90 minutes, perform the following for each proposed concrete mix to extend the delivery time to 120 minutes. Extending the delivery time beyond 120 minutes will require additional testing at 30-minute intervals up to the maximum desired delivery time as directed by the Concrete Engineer. The Concrete Engineer will allow trial batching at an AASHTO accredited laboratory to pre- qualify the concrete mix in accordance with 2461.3.G.3.a(1), “Lab Trial Batching.” The Concrete Engineer may waive the lab trial batching requirement and allow only field trial batching of the proposed mix to extend the delivery time on an individual project in accordance with 2461.3.G.3.a(2), “Field Trial Batching.” Upon completion of the trial batching, provide the trial batching test results and proposed mix design to the Concrete Engineer. Submit the Contractor mix design in accordance with 2461.2.F.2.b, “Contractor Designed Concrete Mixes.” Final approval of the mixture is based on satisfactory field placement and performance. G.3.a(1) Lab Trial Batching 13 Contact the MnDOT Concrete Engineering Unit a minimum of 2 days before trial batching. Ensure the admixture manufacturer’s technical representative is present during the trial batching. Laboratory trial batch and test the proposed mix in accordance with the following: (1) After adding all admixtures to the concrete mixture, measure the slump, air content, unit weight, and temperature immediately after batching, at 90 minutes, and at 120 minutes (2) Fabricate concrete cylinders for compressive strength at 90 minutes and at 120 minutes (sets of 3). Test all of the cylinders for compressive strength at 28 days (3) Fabricate concrete cylinders for hardened air content testing at 90 minutes and at 120 minutes (sets of 5). Determine the hardened air content (ASTM C457) at a minimum of 7 days on 2 samples representing 90 minutes and 2 samples representing 120 minutes. Provide MnDOT with the other 6 samples for testing at their discretion. Retain any hardened concrete test specimens for a minimum of 90 days for MnDOT to examine at their discretion. Once accepted by the Concrete Engineer, the Department will consider the laboratory trial batching acceptable for use for five (5) years; unless the Concrete Engineer determines the material sources have changed significantly since the initial laboratory testing and acceptance. G.3.a(2) Field Trial Batching Submit a QC Plan for extending the delivery time beyond 90 minutes for review and approval to the Concrete Engineer a minimum of 2 days before field trial batching. The QC plan includes the proposed materials, batching sequences, anticipated timeline for admixture and/or water adjustments at the project site, delivery method and anticipated typical travel time to project site. The Contractor must demonstrate to the Engineer the ability to properly mix, control, and place the concrete in accordance with the proposed QC plan and the Contract. Perform field trial batching on the proposed mix in the presence of the Engineer in accordance with the following: (1) Batch a minimum 5 cubic yards of concrete utilizing the same materials and methods intended for use when supplying concrete placed into the permanent work (2) Maintain the ready-mix truck in transit; by either driving around the yard or on the roadway; and maintain the drum speed at 5 to 7 revolutions per minute for the entire 120 minutes (3) Measure the slump, air content, unit weight and temperature after making all admixtures and water adjustments to the concrete mixture at 90 minutes and 120 minutes (4) Fabricate concrete cylinders for compressive strength at 90 minutes and at 120 minutes (sets of 3). Test all of the cylinders for compressive strength at 7 days (5) Fabricate concrete cylinders for hardened air content testing at 90 minutes and at 120 minutes (sets of 2). Determine the hardened air content (ASTM C457) at a minimum of 7 days on 1 sample representing 90 minutes and 1 sample representing 120 minutes. Provide MnDOT with the other 2 samples for testing at their discretion. Retain any hardened concrete test specimens for a minimum of 90 days for MnDOT to examine at their discretion (6) Incorporate the trial batched concrete into other work with the approval of the Engineer 14 S-176.16 MnDOT 2461.3.G.5 through MnDOT 2461.3.G.5.d shall be deleted and replaced with the following: G.5 Concrete Strength G.5.a Concrete Cylinder Requirements The Contractor and Engineer will perform random sampling and testing in accordance with ASTM C172, C31, C39 and the Schedule of Materials Control. Anyone performing concrete strength testing of cylinders is required to hold one of the following current certifications: (1) ACI Concrete Strength Testing Technician Certification (2) MnDOT Strength Testing Technician Certification (3) WisDOT Strength Testing Technician Certification Anyone fabricating concrete cylinders or beams is required to hold either a current ACI Field 1 Technician Certification or a MnDOT Field 1 Technician Certification. G.5.b Standard Strength Cylinders All standard strength cylinders have a minimum 28-day compressive strength requirement unless modified elsewhere in the Contract. The Engineer will perform the following for standard strength cylinders: (1) Cast cylinders (sets of 3) for testing in accordance with the Schedule of Materials Control or as modified in the Contract (2) Mark cylinders for identification of the represented unit or section of concrete in accordance with the following: (1.1, 1.2, 1.3/ 2.1, 2.2, 2.3/ 3.1, 3.2, etc.). In order to differentiate between portions of a project, prefixes and suffixes are allowed (3) Complete the MnDOT Concrete Cylinder Identification Card including the results for air content, slump (if required), concrete, and air temperature testing from the same load G.5.b(1) Curing Standard Strength Cylinders Properly cure standard strength cylinders during each specified curing period in accordance with the following: (1) Initial curing period as immediately after final finishing for a period of up to 48 hours (2) Intermediate curing period as the time between specimen pickup from the initial curing site and delivery to the laboratory for final curing, Intermediate curing period is up to 7 days from the day of casting. Cure the standard strength cylinders in the Contractor provided moist curing environment (3) Final Curing Period as the time when cylinders are cured in the laboratory lasts a minimum of 21 days G.5.b(2) Moist Curing Environment At least 24 hours before concrete placement, provide moist curing environment(s) of adequate size and number, including ancillary equipment and materials, necessary to maintain moist curing environment(s) in accordance with ASTM C31, 2031, “Field and Office Laboratory,” and the following: For each separate moist curing environment: (1) Provide a calibrated waterproof digital temperature recording device that records the daily maximum and minimum ambient temperatures for the previous 7 days. (2) During the initial curing period, maintain the standard strength cylinders or beams in an ambient temperature range from 60°F to 80°F. (3) During the intermediate curing period, fully immerse the cylinders with lids in water maintained at a temperature from 60°F to 80°F. 15 The Engineer will monitor the daily temperatures of the curing environments. Agency monitoring does not relieve the Contractor of the responsibility to maintain the water temperature as specified herein. If the Contractor fails to comply with the requirements shown here-in, the Engineer may delay concrete placement and will consider any concrete incorporated into the work as unauthorized in accordance with 1512.2, “Unauthorized Work.” The Engineer will consider any delays to the Contract resulting from unauthorized work as non-excusable in accordance with 1806.2.C, “Non-Excusable Delays.” All costs related to providing and maintaining moist curing environments is considered incidental. G.5.b(3) Transporting Cylinders After the initial curing period, the Engineer will both transport and further cure the cylinders using intermediate curing or final curing conditions. The Engineer will transport the cylinders from the initial curing site in accordance with the following: (1) Transport all grades of concrete except mass concrete (Grade MC) a minimum of 16 hours after casting (2) Transport mass concrete a minimum of at least 24 hours after casting (3) Transport high early strength concrete a minimum of at least 12 hours after casting (4) With securely placed tight fitting plastic caps on plastic molds, or by other methods to prevent moisture loss (5) Protected from jarring, bouncing, and freezing (6) No greater than 4 hours, unless cylinders are maintained in the moistened condition at ambient temperature of 60°F to 80°F G.5.b(4) Testing Cylinders The Engineer will perform compressive strength testing on the standard strength cylinders in accordance with ASTM C39 during the Departments normal laboratory operating hours. The Department will report the results in accordance with the Laboratory Manual. G.5.c Field Control Strength Cylinders The Engineer will use field control cylinders to determine when the sequence of construction operations is dependent upon the rate of concrete strength development. The Engineer will cast field control cylinders to determine when the concrete attains the required strength for desired field control limitations. In lieu of field control cylinders, the Engineer will allow the Contractor to submit a strength- maturity relationship curve for use in accordance with 2461.3.G.6, “Estimating Concrete Strength by the Maturity Method.” The Engineer will perform the following for field control strength cylinders: (1) Cast up to 3 field control cylinders per structure; the Contractor is responsible for any additional field control cylinders (2) Mark field control cylinders for identification of the represented unit or section of concrete in accordance with 2461.3.G.5.b, “Standard Strength Cylinders,” Note (2) (3) Complete the MnDOT Concrete Cylinder Identification Card including the results for air content, slump (if required), concrete, and air temperature testing from the same load G.5.c(1) Curing Field Control Cylinders Cure field control concrete cylinders in the same location and under the same conditions as the concrete structure or unit involved. 16 The Engineer will allow “Match Curing of Concrete Test Specimens” method in accordance with AASHTO R72 modified as follows: (1) Provide an apparatus that consist of a monitoring and heating system capable of maintaining concrete cylinders at a temperature no greater than 5°F above the temperature of the concrete at a specific location in the member. A satisfactory system to continually monitor the concrete temperatures may include a temperature sensor in the concrete structure or unit involved, a controller, special insulated cylinder molds with built-in heating systems, and a temperature sensor in the molds. (2) When the temperature exceeds 5°F or the temperature monitoring system fails, the Engineer will not accept field control cylinder results. G.5.c(2) Testing Cylinders The Engineer will perform compressive strength testing on the field control cylinders in accordance with ASTM C39 during the Departments normal laboratory operating hours. If Project scheduling requires testing outside of the Departments’ laboratories normal operating hours or the Department’s nearest laboratory is greater than 30 miles from the project; Provide certified and calibrated hydraulic cylinder-testing machine within 30 miles of the project and at a location approved by the Engineer. Test the field control cylinders in the presence of the Engineer in accordance with ASTM C39. G.5.d Strength Specimens for Concrete Paving Use flexural beams to determine strength or provide cylinders approved by the Engineer. Cast standard beams or cylinders for testing at 28 days. Cast a sufficient number of field control beams or field control cylinders to determine when the concrete attains the required strength for desired control limitations. Cure the standard beams or cylinders in accordance with 2461.3.G.5.b(1), “Curing Standard Strength Cylinders,” and 2461.3.G.5.b(2), “Moist Curing Environment,” except standard beams are cured in intermediate curing conditions until broken at 28 days. Cure the field control beams or cylinders in the same location and under the same conditions as the concrete pavement. The Engineer will test the flexural beams and record the results on MnDOT Form 2162, Concrete Test Beam Data. If using cylinders, the Engineer will submit cylinders and a completed identification card to the Department’s Laboratory. S-176.17 MnDOT 2461.3.G.5.e shall be deleted and replaced with the following: G.5.e Concrete Compressive Strength The Concrete Engineer defines a strength test as the average strength of three (3) cylinders fabricated from the same sample of concrete and cured in accordance with the 2461.3.5.a and 2461.3.G.5.d. The maximum allowable range between the individual cylinders in a strength test is 350 psi. The Concrete Engineer will remove all individual cylinder strengths that are more than 350 psi below the highest individual cylinder strength and recalculate the strength. The Engineer will review standard strength test results for acceptance in accordance with Table 2461-17 and 2461.3.G.5.f. 17 Table 2461-17 Acceptance Criteria for Standard Strength Cylinders Strength Test Moving average of 3 consecutive strength tests * f’c ≤ 5000 psi > (f’c – 500 psi) ≥ f’c f’c > 5000 psi > 0.90 * f’c ≥ f’c * If a project does not establish a moving average of 3 consecutive strength tests, use the average of 2 strength tests to determine acceptance. If there is only a single strength test, contact the Concrete Engineer for recommendation. S-176.18 MnDOT 2461.3.G.5.f shall be deleted and replaced with the following: G.5.f Non-Conforming Material If the Contractor places concrete not meeting the strength requirements of 2461.3.G.5.e, “Concrete Compressive Strength” into the work, the Engineer may not accept nonconforming concrete at the contract unit price. The Engineer will evaluate non-conforming strength results in accordance with the following: G.5.f(1) Strength Test ≤ 500 psi Below f’c If any strength test result shows a strength ≤ 500 psi below f’c and is not deficient due to erroneous/invalid strength tests as defined in 2461.3.G.5.f(4), “Moving Average Below f’c”, no additional investigation will occur and the Engineer will include the low strength test result in the moving average. G.5.f(2) Strength Test > 500 psi Below f’c If any strength test result shows a strength > 500 psi below f’c and is not deficient due to erroneous/invalid strength tests as defined in 2461.3.G.5.f(4), “Moving Average Below f’c”, the Engineer, in conjunction with the Concrete Engineer, will investigate to determine if the concrete has attained the critical load-carrying capacity. The investigation may consist of, but is not limited to reviewing the following: (A) Sampling and testing plastic concrete (B) Handling of cylinders (C) Cylinder curing procedures (D) Compressive strength testing procedures (E) Certificate of Compliances (F) Evaluation using Rebound Hammer (ASTM C803), Penetration Resistance (ASTM C805), or other method approved by the Concrete Engineer (G) Review of the design calculations for the concrete in question If it is determined that the concrete represented by the standard strength test has attained the critical load carrying capacity, the Engineer will include the strength test in the moving average calculation. If it is determined that the concrete has not attained the critical load carrying capacity, the Engineer will direct the Contractor to remove and replace concrete in accordance with 1503, “Conformity with Contract Documents,” and 1512, “Unacceptable and Unauthorized Work.” The Contractor may dispute the remove and replace order within 7 days of written notification by the Engineer. If the Contractor disputes the order, follow the dispute resolution coring procedure in accordance with 2461.3.G.5.f(3), “Dispute Resolution Coring for a Strength Test Failure.” G.5.f(3) Dispute Resolution Coring for a Strength Test Failure The Engineer and Contractor will mutually agree on an Independent Third Party to core and test the concrete in accordance with ASTM C42 and the following: (A) The Engineer will identify a minimum of three (3) locations for the Independent Third Party to core. (B) The Independent Third Party will take one (1) core at each location. 18 (C) The Independent Third Party will complete all coring within 14 days of notification of the low strength concrete. (D) The Contractor is responsible for ensuring the core holes are repaired. The Engineer, in conjunction with the Concrete Engineer, will review the core test results and evaluate in accordance with Table 2461-18, providing all other concrete tests meet requirements. Table 2461-18 Evaluation of Core Test Results Core (average of 3 cores) Test Results: Engineer considers concrete: Cost of Coring and Testing: Resolution: ≥ 85% of f’c and No individual core is < 75% of f’c Acceptable to remain in place Agency No monetary reduction for single strength test failure. < 85% of f’c Unacceptable Contractor Remove and replace concrete in accordance with 1503, “Conformity with Contract Documents,” and 1512, “Unacceptable and Unauthorized Work,” as directed by the Engineer, in conjunction with the Concrete Engineer. G.5.f(4) Moving Average Below f’c If the moving average of three (3) consecutive strength tests is less than the required f’c, the Concrete Engineer will review the strength test results and determine if a new mix design is required. The Concrete Engineer, in conjunction with the Engineer, will remove any strength test results from the moving average if the following occurs: (A) After investigation, the deficient concrete strength is found to be caused by improper handling, curing, or testing of the cylinder; (B) Cylinders kept in the field longer than 7 days that negatively impact the moving average calculation; (C) The suspect concrete was removed and replaced; (D) Dispute resolution coring identified the concrete acceptable to remain in place. For the quantity of non-conforming concrete not meeting the moving average of three (3) consecutive strength tests, the Engineer will make determinations regarding the disposition, payment, or removal of the concrete in accordance with Tables 2461-19. Table 2461-19 All Concrete Grades Moving average of 3 consecutive strength tests Monetary Reduction for Moving Average Failure * > 98.0% of f’c No deductions for the materials placed as approved by the Engineer. 93.0% to 98.0% of f’c $20.00 per cubic yard or 10% of the Contractor-provided invoice for quantity represented by test that brought moving average into non-conformance 19 Table 2461-19 All Concrete Grades Moving average of 3 consecutive strength tests Monetary Reduction for Moving Average Failure * 87.5% to < 93.0% of f’c $50.00 per cubic yard or 25% of the Contractor-provided invoice for quantity represented by test that brought moving average into non-conformance < 87.5% of f’c Remove and replace concrete in accordance with 1503, “Conformity with Contract Documents,” and 1512, “Unacceptable and Unauthorized Work,” as directed by the Engineer. If the Engineer, in conjunction with the Concrete Engineer, determines the concrete can remain in place, the Engineer will adjust the concrete at a reduction of $100.00 per cubic yard or 50% of the Contractor-provided invoice for quantity represented by test that brought moving average into non-conformance. S-176.19 MnDOT 2461.3.G.6 through 2461.3.G.6.e shall be deleted and replaced with the following: G.6 Estimating Concrete Strength by the Maturity Method The Engineer will allow the maturity method to determine development of concrete strength to open to traffic loading or form removal. Use of this method requires the establishment of a relationship between concrete strength and the computed maturity index (using the Nurse-Saul method) for a specific concrete mixture. Use this method, in accordance with this Specification and the “Estimating Concrete Strength by the Maturity Method” procedure available from the MnDOT Concrete Engineering website to estimate the in-place strength of the concrete. G.6.a Development of Strength-Maturity Relationship The Engineer will allow development of the maturity curve in a laboratory, at the concrete plant or at the project site. Determine the strength development criteria based on the type of concrete in accordance with the following: (1) For concrete pavement: 2301.3.O, “Opening Pavement to Traffic” (2) For concrete pavement repairs: 2302.3.B.4, “Opening to Construction Equipment and Traffic” (3) For concrete structures: 2401.3.G, “Concrete Curing and Protection” (4) For sidewalks, driveway entrances and curb and gutter, a minimum of 3000 psi is required Until an acceptable strength-maturity relationship (maturity curve) is established and approved by the Engineer, use concrete beams or cylinders to open to traffic loading or form removal. G.6.a(1) Procedure Develop the strength-maturity relationship (maturity curve) to estimate concrete strength in accordance the “Estimating Concrete Strength by the Maturity Method” procedure available from the MnDOT Concrete Engineering Website and the following: (A) Cast and cure 12 beams or 15 cylinders, plus 2 additional beams or cylinders to embed temperature sensors (B) Establish the maturity curve using the Concrete Maturity-Strength Development form. (C) Test three (3) strength specimens at testing ages specified in Table 2461-20 for the type of concrete work. 20 Table 2461-20 Chronological Testing Ages of Strength Specimens Type of Concrete Testing Ages * Concrete Pavement as defined in 2301, “Concrete Pavement” Test at least two (2) sets of strength specimens before and the remaining sets after the anticipated opening strength Normal Strength Concrete as defined in 2461, “Structural Concrete” 1, 3, 7, 14 and 28 days High-Early (HE) Concrete as defined in 2461, “Structural Concrete” 12 hours, 1, 2, 7 and 28 days Ultra High-Early (UHE) Concrete per Contract 3, 4 and 8 hours, 1 and 14 days * The Contractor may adjust the testing ages if approved by the Engineer, in conjunction with the Concrete Engineer. G.6.a(2) Equipment Provide the following equipment for determining the maturity: (1) Maturity meter or temperature sensor and data logger with a secure means of collecting, measuring, recording and storing temperature data that is unalterable (2) Beam or cylinder molds for development of the maturity curve and other concrete making and testing equipment G.6.a(3) Estimating In-Place Strength Using Maturity Place concrete maturity meters or temperature sensors within the concrete in accordance with Table 2461-21. Table 2461-21 Maturity Meter or Temperature Sensor Placement and Frequency Maturity Application Placement Frequency Concrete Paving Embed at approximately mid-depth and approximately 18 (but no less than 12) inches from the edge of the pavement. Place one for each day within the last hour of placement. Place additional sensors as necessary. Full Depth Concrete Pavement Repairs Embed at approximately mid-depth and approximately 18 (but no less than 12) inches from the edge of the pavement. Place one for each day within the last hour of placement. Place additional sensors as necessary. Partial Depth Concrete Repairs Embed at least 2 inches from the surface. Place one for each day within the last hour of placement. Place additional sensors as necessary. Sidewalk, Driveway Entrances, Curb and Gutter Embed at approximately mid-depth and approximately 18 (but no less than 12) inches from the edge of the pavement. Place one for each day within the last hour of placement. Place additional sensors as necessary. Concrete Structures Attach to the reinforcing steel near the edge of the exposed surface using a non-metallic fastener. Place at least two for each concrete element. The computed maturity results from each sensor will only apply to concrete placed under the following conditions: (1) The same mix designation and the same project as the test location (2) Placed on the same day and on, before, or within 50 feet after placement of the sensor (3) Cured under conditions similar to those of the test location 21 Record the maturity index (or temperature readings and calculate the maturity index) on the Maturity-Field Data form or as approved by the Concrete Engineer. G.6.b Opening to Traffic Loading or Form Removal Prior to opening the concrete to traffic loading or removal of the forms, submit the maturity index results to the Engineer. The Engineer will review and verify the maturity index has reached the required TTF of the maturity curve developed for that concrete mix. G.6.c Validation of Strength-Maturity Relationship for Continued Use When utilizing the maturity method on the project, perform a strength-maturity test for each mix used to ensure the concrete strength correlates with the current maturity-strength relationship (maturity curve) as follows: (1) Notify the Engineer at least 24 hours in advance of the specimen casting for the validation testing. (2) The Contractor or their Representative is responsible for casting, curing and testing three (3) beams or cylinders plus one additional beam or cylinder to embed the sensor. Cast the validation specimens at the concrete plant or at the project site. (a) If the maturity curve was initially developed in a laboratory, perform a validation strength-maturity test on the first day of concrete placement. (b) For slipform concrete paving utilizing a dedicated portable batching plant, perform a validation strength-maturity test once every fifteen (15) calendar days during plant production. (c) For all other concrete, if the maturity curve was developed greater than thirty (30) calendar days before the start of construction or has not been validated for thirty (30) calendar days, perform a validation strength-maturity test on the first day of concrete placement. The Concrete Engineer will allow a single validation strength-maturity test fabricated at the concrete plant to validate a maturity curve used on multiple projects. Validation strength-maturity tests fabricated at the project site only validate the maturity curve for that project. (3) The Contractor or representative is responsible for providing the curing environment for the specimens in accordance with the “Estimating Concrete Strength by the Maturity Method” procedure available from the MnDOT Concrete Engineering website. (4) Perform the validation testing as close as practically possible to the maturity value determined to represent the opening, loading or form removal strength criteria. Record the results of the tests on the Concrete Maturity-Strength Validation form and provide to the Engineer within 24 hours of the test completion. (5) If a specimen is obviously defective (i.e., out of round, not square, damaged due to handling), discard the specimen. If an individual specimen is greater than 10 percent for cylinders or 15 percent for beams outside the average of three specimens, consider the specimen defective and discard. When two of the specimens are defective, evaluate a new batch, unless additional acceptable specimens are available. The Engineer may direct additional validation testing as necessary. The Engineer will review the validation strength-maturity test results and determine if the validation testing confirms the maturity curve in accordance with Table 2461-22. Table 2461-22 Evaluation of Validation Strength-Maturity Test Results If the actual strength- maturity test falls: Result Action Within the 10% limits of the maturity curve Maturity curve verified Continue using the current maturity curve 22 Table 2461-22 Evaluation of Validation Strength-Maturity Test Results If the actual strength- maturity test falls: Result Action > 10% higher than the maturity curve The Department will not consider the maturity curve verified, but will continue to allow use of the maturity curve. Develop a new maturity curve at the discretion of the Contractor. > 10% lower than the maturity curve The maturity curve will no longer be acceptable. 1. Develop a new maturity curve. 2. The Engineer will not allow the maturity method for that concrete mix until a new maturity curve is developed. G.6.d Changes in Concrete Mixture Perform a validation strength-maturity test in accordance with 2461.3.G.6.c, “Verify Strength- Maturity Relationship,” if any of the following changes occur: (1) Change in mixture proportions greater than 5% by weight (2) Increase in the water-cementitious materials ratio by more than 0.02 (3) Change in the cementitious source (4) Change in the class of coarse aggregate material Evaluate validation strength-maturity test results in accordance with Table 2461-22. G.6.e Maturity Meter Calibration Calibrate maturity meters yearly to ensure proper operation and temperature sensing in accordance with the “Estimating Concrete Strength by the Maturity Method” procedure available from the MnDOT Concrete Engineering website. S-176.20 The first paragraph of MnDOT 2461.3.G.8 has been deleted and replaced with the following: Maintain the air content of Type 3 general concrete at the specified target of 6.5 percent (+2.0 percent and −1.5 percent) of the measured volume of the plastic concrete in accordance with 1503, “Conformity with Contract Documents,” unless otherwise modified in the Contract. Maintain the air content of Type 3AGrout at the specified target of 10.0 percent (-2.0 percent and no maximum). 1 SPECIAL PROVISIONS - SP2018 BOOK Created October 20, 2017 Last Revision by CO Special Provisions: 12/08/20 S-297 (3131) INTERMEDIATE AGGREGATE FOR PORTLAND CEMENT CONCRETE NEW WRITE-UP 04/09/20 SP2018-252 MnDOT 3131 is modified with the following: S-297.1 MnDOT 3131.1 is deleted and replaced with the following: Provide intermediate aggregate for use in portland cement concrete. S-297.2 Delete the first sentence from MnDOT 3131.2.B and replace with the following: The Concrete Engineer classifies intermediate aggregate as 100 percent of the material passing the 1/2 inch sieve meeting the requirements of 3137.2.B. S-297.3 MnDOT 3131.2.D, 3131.2.D.1, 3131.2.D.2 and 3131.2.D.3 are deleted and replaced with the following: D Quality Provide CIA in accordance with 3137.2.D. Provide FIA, CS and FS in accordance with 3126.2.B. S-297.4 MnDOT 3131.2.E is deleted and replaced with the following: E Gradation Proportion intermediate aggregates with other aggregate fractions to comply with a specification requirement. Intermediate aggregates do not have individual sieve gradation requirements. S-297.5 MnDOT 3131.3.B is deleted and replaced with the following: B Intermediate Aggregate Test Methods When proportioning CIA with a coarse aggregate to meet the specified limits of ASTM #67 gradation, sample and test CIA in accordance with Table 3137-6 using a minimum sample size equivalent to CA-70 per the Schedule of Materials Control. Sample and test all other CIA intermediate aggregates in accordance with Table 3126-5. Sample and test FIA, CS and FS in accordance with Table 3126-5. 1 SPECIAL PROVISIONS - SP2018 BOOK Created October 20, 2017 Last Revision by CO Special Provisions: 12/08/20 S-298 (3137) COARSE AGGREGATE FOR PORTLAND CEMENT CONCRETE NEW WRITE-UP 01/04/19 SP2018-252.1 MnDOT 3137 is modified as follows: S-298.1 MnDOT 3137.2.D shall be deleted and replaced with the following: D Quality Provide coarse aggregate in accordance with 3137.2.D.1, 3137.2.D.2 or 3137.2.D.3 and the following: For fractions greater than or equal to 1 in, base quality requirements on the individual result. For fractions that have 100 percent passing the 1 in sieve: (1) When using a single aggregate, base quality requirements on the individual result. (2) When proportioning aggregates, base quality requirements on the composite result. Prior to proportioning, each individual fraction must meet the requirements of 3137.2.D.1. (2.1) If proportioning for 3137.2.D.2, each individual fraction must also meet 3137.2.D.2(g) and 3137.2.D.2(i). (2.2) If proportioning for 3137.2.D.3, each individual fraction must also meet 3137.2.D.3(a) and 3137.2.D.3(b) modified to a maximum percent carbonate by weight of 35.0%. The Concrete Engineer may reject the proposed aggregate proportions if the composite result is of borderline quality in accordance with 1503, Conformity with Contract Documents. Refer to Tables 2461-5, 2461-6, 2461-7 and 2462-6 to determine the coarse aggregate quality specification for the intended use. S-298.2 Table 3137-4 shall be deleted and replaced with the following: Table 3137-4 Coarse Aggregate Designation for Concrete, percent by weight passing square opening sieves Coarse Aggregate Designation 2 3 4 7 8 Sieve Sizes ASTM #67* ASTM #7* ASTM #89 CA-70 CA-80 2 in - - - - - 1½ in - - - - - 1 in 100 - - - - ¾ in 90 – 100 100 - - - 5/8 in - - - 100 - ½ in - 90 – 100 100 85 – 100 - ⅜ in 20 – 55 40 – 70 90 – 100 50 – 100 100 No.4 0 – 10 0 – 15 20 - 55 0 – 25 55 – 95 No.8 - - 5 – 30 - - No.16 - - 0 – 10 - - No.50 - - 0 - 5 - 0-5 *ASTM #67 and ASTM #7 Gradations are MnDOT Modified. 1 SPECIAL PROVISIONS - SP2018 BOOK Created October 20, 2017 Last Revision by CO Special Provisions: 02/26/21 S-217 (2521) CONCRETE WALK (ADA) REVISED 01/25/19 SP2018-189 This work shall consist of constructing Concrete Walk, including necessary Subgrade Preparation, and Grading as indicated in Standard Plan Sheet No.5-297.250 (Sheet 2 of 6) and in accordance with the provisions of MnDOT 2112, 2521, other Contract provisions, and the following: S-217.1 CONSTRUCTION REQUIREMENTS (A) Concrete Walk – The walk shall be constructed as detailed in the Plan and conform to the requirements of MnDOT 2521, Walks. The minimum continuous and unobstructed clear width of a pedestrian access route shall be 4.0 ft. All new or reconstructed sidewalk widths shall match or exceed in place sidewalk and in no case shall it be less than 5.0 ft. in width except at locations where obstructions cannot be moved or at driveways where slopes exceed the maximum allowable grades. The cross slope of the sidewalk or trail shall not exceed 2%, and shall be measured across the entire surface width of the sidewalk or trail. Curb ramps shall meet or exceed existing sidewalk and trail widths, and the curb openings. Any architectural elements that do not maintain a consistent flat smooth surface shall not be used within the PAR. In areas where the sidewalk is to be constructed around fixed structures and the grade has been changed, the sidewalk shall be finished around these structures to the satisfaction of the Engineer at no additional cost. When greater than 50 ft. of continuous sidewalk runs are constructed the contractor shall saw cut all joints. To avoid corner breaks, all walk edges shall be formed and constructed perpendicular to the back of curb and gutter sections and concrete structures for a one foot minimum distance. All existing signs shall be salvaged and reinstalled as directed by the Engineer or as indicated in the Plan. (B) Grading – If not otherwise detailed in the Plan, all fill sections shall be graded flush with the top of walk for a minimum 18 inches from the edge of walk and then down at a maximum 1:3 slope to existing terrain. The Contractor shall blend in the toe of fill slope and adjacent areas so as not to adversely affect drainage. (C) Landings – An initial landing is the first required landing of a pedestrian ramp. All initial landings required at the top of a ramped sloped surface (>2% longitudinal slope), shall be formed and placed separately in an independent concrete pour. This does not include initial landings placed at roadway grade such as depressed corners, parallel ramps, rural flat landings, or flat cut-throughs. Secondary landings consist of all landings beyond the initial landing. These secondary landings do not require a separate landing pour. Whenever possible the entire landings should be placed in a single concrete placement, and shall be constructed as a single plane surface having no grade breaks. If single concrete placement this is not possible due to construction staging, follow requirements for dowel bar placement and tie adjacent landings together. Architectural elements such as brick pavers, concrete stamping, and multiple colored concrete placements shall be kept outside the curb ramps and curb ramp landings. Wet casting or drill and grouting of reinforcement bars will be required in accordance with the details shown in Standard Plan 5-297.250 Sheet 6 of 6. If wet casting of reinforcement the bars shall be installed 2 through holes in the forms, with a form height at least equal to the walk thickness of the formed concrete shown in the plans. These bars shall be deformed and shall be installed with 2” minimum concrete cover. When not accounted for in the Plan, payment for the reinforcing steel will be made under Item 2301.602 (Drill & Grout Reinforcement Bar (Epoxy Coated)) by the Each at the Predetermined Price of $10.00 per bar furnished and installed. All necessary subgrade preparation and aggregate base placement for the entire ramp construction limit shall be done before the initial landing is constructed at each location. S-217.2 METHOD OF MEASUREMENT Measurement of Concrete Walk will be by top surface area. S-217.3 BASIS OF PAYMENT Payment will be under Item 2521.618 (Concrete Walk) at the Contract bid price per square foot, including the area of walk under the truncated domes, which shall be compensation in full for all costs of furnishing, and installing the required material. In areas where Directional Curb is constructed, the triangular area that is behind the projected back of curb line will be paid for as Concrete Walk at the Contract bid price for Item 2521.618 (Concrete Walk). All excavation or borrow including hauling or disposal that is necessary to meet the walk grades in the Contract shall be incidental unless specifically provided for in the Plan. If common borrow requirements exceed 8 cubic yards (CV) at any individual site/quadrant, than the common borrow required at that location and not specifically accounted for in the Plan will be paid for at $20 per cubic yard (CV). If the Plan calls for payment of Aggregate Base and/or other Grading items for a pedestrian facility, then payment will only be made for the locations specifically provided for in the Plan. All salvaging and reinstalling of signs as a result of concrete walk construction shall be incidental unless specifically provided for in the Plan. 1 SPECIAL PROVISIONS - SP2018 BOOK Created October 20, 2017 Last Revision by CO Special Provisions: 02/26/21 S-219 (2531) CONCRETE CURB AND GUTTER (ADA) SP2018-190 This work shall consist of constructing Concrete Curb and Gutter and the necessary Aggregate Base in accordance with the provisions of MnDOT 2531, other Contract provisions, and the following: S-219.1 CONSTRUCTION REQUIREMENTS Concrete Curb and Gutter - The curb and gutter shall be constructed to meet the details in the Plan. The transition from the existing curb and gutter section to the new curb and 24 inch gutter section should occur between 5 feet – 10 feet of the zero height curb. Curb shall be poured at 3% inflow around the radius or at a minimum distance of 10 feet from any zero height curb section when machine placed. The gutter inslope shall be constructed as detailed in the Plans. The gutter inslope transitions shall occur outside of the zero height curb area. The proposed gutter width shall be modified as necessary so as not to protrude into the adjacent travel lane with approval from the Engineer. At all locations where new curb and gutter meets existing curb and gutter, place saw cut to leave a minimum 3 feet of in place curb and gutter between an existing joint and the proposed saw cut. If the 3 foot minimum cannot be maintained, place the saw cut over the existing joint. If construction joints are utilized within a quadrant radius Reinforcement bars shall be installed per Standard Plans 5-297.250 (Sheet 6 of 6). When not accounted for in the Plan, payment for these bars will be made under Item 2301.602 (Drill & Grout Reinforcement Bar (Epoxy Coated)) by the Each at the Predetermined Price of $10.00 per bar furnished and installed. The Contractor must form, at a minimum, the top 1.5 inches of the gutter face. The Contractor shall not use the existing roadway edge as a form for the top 1.5 inches of the gutter face unless approved by the Engineer. If the gutter flow line in front of the proposed curb ramp exceeds 2.0% slope, the flow line should be adjusted to 2% or less if feasible while following the roadway criteria as per Standard Plans 5-297.250 (Sheet 6 of 6). The bituminous patch in front of the truncated domes should be 1% minimum to 5% maximum measured perpendicular to the flow line. In no case shall a newly constructed curb and gutter flow line exceed 8% unless the roadway profile exceeds 8%. The Contractor shall not alter any existing drainage patterns unless called for in the plans or approved by the Engineer. The Contractor shall construct a contraction joint through the curb and gutter section at the bottom of the curb height transitions where the curb height equals zero inches. If any curb and gutter joints fall within the PAR, they shall meet MnDOT 2521.3C. When constructing directional curb where truncated domes are placed perpendicular to the path of travel, the concrete between the grade break/edge of truncated domes and the gutter toe shall be constructed integral. S-219.2 METHOD OF MEASUREMENT Measurement of Concrete Curb and Gutter will be by the linear foot measured at the face of the curb. S-219.3 BASIS OF PAYMENT Payment will be under Item 2531.603 (Concrete Curb and Gutter) at the Contract bid price per linear foot, which shall be compensation in full for all costs of furnishing and installing the required material including Aggregate Base. 1 SPECIAL PROVISIONS - SP2018 BOOK Created October 20, 2017 Last Revision by CO Special Provisions: 02/26/21 S-220 (2531) CONCRETE CURB DESIGN V (ADA) SP2018-191 This work shall consist of constructing Concrete Curb Design V of varying heights up to 8 inches as detailed in the Plan and in accordance with the provisions of MnDOT 2531, other Contract provisions, and the following: S-220.1 CONSTRUCTION REQUIREMENTS The Concrete Curb Design V shall be constructed as detailed in the Plan. Concrete Curb Design V may be constructed independent of or integral to the adjacent sidewalk. The bottom elevation of the Concrete Curb Design V shall match the bottom elevation of the adjacent sidewalk slab. When the Concrete Curb Design V is constructed independent of the sidewalk, the portion of the Concrete Curb Design V that will have new concrete walk placed against it shall be clean so as to maximize bonding between the walk and Concrete Curb Design V. The joint locations in the curb shall align with the joint locations in the adjacent concrete walk. The locations requiring the use of Concrete Curb Design V will solely be determined in the Plans or in the field by the Engineer. Any Concrete Curb Design V that is constructed without pre approval of the Engineer will be considered unauthorized work for which no compensation will be made and may be removed at the Engineer’s discretion. The height and length of the Concrete Curb Design V to be constructed shall be recommended by the Contractor and approved by the Engineer before the Concrete Curb Design V is constructed. S-220.2 METHOD OF MEASUREMENT Measurement will be by the linear foot of Concrete Curb Design V constructed measured at the face of curb. Curb height shall be measured from the top of the adjacent concrete walk to the top of the curb. S-220.3 BASIS OF PAYMENT Payment will be under Item 2531.603 (Concrete Curb Design V) at the Contract bid price per linear foot, which shall be compensation in full for all costs of performing the work as specified. All pedestrian concrete approach noses adjacent to the pedestrian ramp will be paid as 2 feet of Concrete Curb Design V. The pedestrian concrete approach nose adjacent the roadway curb and gutter shall be included in the payment for linear foot curb and gutter. Any additional Concrete Curb Design V beyond the quantity provided in the Plan, will be paid for at $20 per linear foot. Lengths of Concrete Curb Design V that never reach 3 inch height will be paid for as Concrete Walk. 1 SPECIAL PROVISIONS - SP2018 BOOK Created October 20, 2017 Last Revision by CO Special Provisions: 02/26/21 S-221 (2531) TRUNCATED DOMES SP2018-192 This work consists of furnishing and installing Truncated Dome Systems (detectable warning surfaces) at pedestrian curb ramps in compliance with the Public Rights-of-Way Accessibility Guidelines (PROWAG). Truncated domes shall provide a visual contrast to the concrete ramp of either dark on light or light on dark. This work shall be performed in accordance with the applicable MnDOT Standard Specifications, these Special Provisions, details in the Plan, and the following: S-221.1 CONSTRUCTION REQUIREMENTS The Contractor shall select a truncated dome product from the approved products list at http://www.dot.state.mn.us/products/detectablewarningsurfaces/index.html. The truncated domes shall be placed in concrete and shall be pressed firmly into the concrete to the point that concrete fills the vent holes on the truncated dome plates. No cutting of truncated domes will be allowed unless approved by the Engineer. No more than one cut dome per pedestrian ramp is allowed and any cut sections used shall not be less than 2 SF of surface area. All cut edges shall be ground to a smooth surface leaving no sharp edges or burrs. If using coated colored truncated domes they shall not be cut. Any swelling of the concrete that occurs around the truncated domes must be screeded off and the surrounding concrete shall be finished flush with the truncated dome plate edge. The finished installation of the truncated domes plates and the ramp surface plane shall have no surface deviations over 3/16 inches. To ensure that the truncated domes are well seated in concrete, the Contractor should provide a 3 inch minimum border around the edges of the truncated domes. The Contractor will be allowed to interchange 9 foot 5 inch and 10 foot radial truncated domes when either is called for in the Plan. If the Contractor does make a substitution, the Contractor will be required to modify the curb line radius to match the truncated domes and meet the detectable edge requirements shown on Standard Plan Sheet No. 5-297.250 (Sheet 4 of 6). The Contractor will be allowed to adjust plan locations of zero inch height curb up to 6 inches laterally to make field fit adjustments for radial truncated domes placement. S-221.2 METHOD OF MEASUREMENT Square or rectangular truncated dome area will be measured by the square foot. Radial Truncated domes will be measured along the long cord and multiplied by 2 feet to compute S.F. S-221.3 BASIS OF PAYMENT Payment will be under Item 2531.618 (Truncated Domes) at the Contract bid price per square foot, which shall be compensation in full for furnishing and installation of truncated domes. If additional radial domes are required and not called for in the plans they will be paid for at 4 square feet per each additional plate. 05/14/2021 Kaplan Insurance Agency, Inc. 3555 Plymouth Blvd. Suite 118 Plymouth, MN 55447 License #: 40020697 Charles Nelson (763)746-5000 (763)746-5577 Charles@KaplanInsuranceAgency.com 00004803-1326016 64 Standard Sidewalk, Inc PO Box 490504 Minneapolis, MN 55449 The Hanover Insurance Group 31534 A OBXD494169 02/01/2021 02/01/2022X X X 2,000,000 300,000 10,000 2,000,000 4,000,000 4,000,000 The Hanover Insurance Group 41840 B AWXD494153 02/01/2021 02/01/2022 X 1,000,000 The Hanover Insurance Group 31534 A OBXD494169 02/01/2021 02/01/2022XX 5,000,000 5,000,000 The Hanover Insurance Group 41840 B W2XD491663 02/01/2021 02/01/2022 Y X 500,000 500,000 500,000 The Hanover Insurance Group 31534 A OBXD494169 02/01/2021 02/01/2022Property BPP 45,000 City of Columbia Heights is an additional insured as required by written contract per form 391-1107 Workers Comp: Owners are excluded City of Columbia Heights Public Works Department 637 38th Ave NE Columbia Heights, MN 55421 (CRN) Printed by CRN on May 14, 2021 at 08:46AM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE