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General Provisions (1-99)

1DEFINITIONS AND TERMS

FL · 2024 Standard SpecificationsBook pages 917View official source ↗

Division I

General Requirements and Covenants

1-1 General.

These Specifications are written to the bidder, prior to award of the Contract, and to the Contractor. Within Divisions I and II of the specifications, sentences that direct the Contractor to perform work are written in the active voice -imperative mood. These directions to the Contractor are written as commands. In the imperative mood, the subject “the bidder” or “the Contractor” is understood. All other requirements to be performed by others, with the exception of the Method of Measurement and the Basis of Payment Articles, have been written in the active voice, but not in the imperative mood. Sentences written in the active voice identif y the party responsible for performing the action. For example, “The Engineer will determine the density of the compacted material.” Certain requirements of the Contractor may also be written in the active voice, rather than active voice -imperative mood.

Division III — of the Specifications (Materials) is written in the passive voice writing style.

1-2 Abbreviations.

The following abbreviations, when used in the Contract Documents, represent the full text shown. AAN American Association of Nurserymen, Inc. AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AGC The Associated General Contractors of America, Inc. AGMA American Gear Manufacturers Association AIA American Institute of Architects AISI American Iron and Steel Institute ANSI American National Standards Institute, Inc. AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Ma terials AWG American Wire Gauge AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association CRSI Concrete Reinforcing Steel Institute EASA Electrical Apparatus Service Association EPA Environmental Protectio n Agency of the United States Government FDOT Florida Department of Transportation FHWA Federal Highway Administration FY 2023-24 Return to Table of Contents FSS Federal Specifications and Standards IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society IPCEA Insulated Power Cable Engineers Association ISO International Organization for Standards MASH AASHTO Manual for Assessing Safety Hardware MUTCD Manual on Uniform Traffic Control Devices NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NIST National Institute for Standards and Technology NOAA National Oceanic and Atmospheric Administration OSHA Occupational Safety and Health Administration SAE Society of Automotive Engin eers SI International System of Units SSPC Society of Protective Coatings UL Underwriters' Laboratories Each of the above abbreviations, when followed by a number or letter designation, or combination of numbers and letters, designates a specification, te st method, or other code or recommendation of the particular authority or organization shown. Use standards, specifications, test methods, or other codes as specified in the current edition at the time of the bid opening.

1-3 Definitions.

The following t erms, when used in the Contract Documents, have the meaning described . Advertisement. The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished, usually issued as “Notice to Contractors,” or “Notice t o Bidders.” Article. The numbered prime subdivision of a Section of these Specifications. Bidder. An individual, firm, or corporation submitting a proposal for the proposed work. Bridge. A structure, including supports, erected over a depression or over an obstruction such as water, highway or railway, or for elevated roadway, for carrying traffic or other moving loads, and having a length, measured along the center of the roadway, of more than 20 feet between the inside faces of end supports. A multiple -span box culvert is considered a bridge, where the length between the extreme ends of the openings exceeds 20 feet. Calendar day. Every day shown on the calendar, ending and beginning at midnight. FY 2023-24 Return to Table of Contents Contract. The term “Contract” means the entire and integ rated agreement between the parties thereunder and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract Documents form the Contract between the Department and the Contractor setting forth the obligations o f the parties thereunder, including, but not limited to, the performance of the Work and the basis of payment. Contract Bond. The security furnished by the Contractor and the surety as a guaranty that the Contractor shall fulfill the terms of the Contract and pay all legal debts pertaining to the construction of the project. Contract Claim (Claim). A written demand submitted to the Department by the Contractor in compliance with

5-12.3 seeking additional monetary compensation, time, or other adjus tments to the Contract, the

entitlement or impact of which is disputed by the Department. Contract Documents. The term “Contract Documents” includes: Advertisement for Proposal, Proposal, Certification as to Publication and Notice of Advertisement for Pro posal, Appointment of Agent by Nonresident Contractors, Noncollusion Affidavit, Warranty Concerning Solicitation of the Contract by Others, Resolution of Award of Contract, Executed Form of Contract, Performance Bond and Payment Bond, Specifications, Plans (including revisions thereto issued during construction), Estimated Quantities Report, Standard Plans, Addenda, or other information mailed or otherwise transmitted to the prospective bidders prior to the receipt of bids, work orders and supplemental agre ements, all of which are to be treated as one instrument whether or not set forth at length in the form of contract. Note: As used in Sections 2 and 3 only, Contract Documents do not include work orders, and supplementary agreements. As used in Section 2 only, Contract Documents also do not include Resolution of Award of Contract, Executed Form of Contract, and Performance and Payment Bond. Contract Letting. The date that the Department opened the bid proposals. Contract Time. The number of calendar days allowed for completion of the Contract work, including authorized time extensions. Contractor. The individual, firm, joint venture, or company contracting with the Department to perform the work. Contractor’s Engineer of Record . A Professional Engineer registered in the State of Florida, other than the Engineer of Record or his subcontracted consultant, who undertakes the design and drawing of components of the permanent structure as part of a redesign or Cost Savings Initiative Proposal, or for repair FY 2023-24 Return to Table of Contents designs and details of the permanent work. The Contractor’s Engineer of Record may also serve as the Specialty Engineer. The Contractor’s Engineer of Record must be an employee of a pre -qualified firm. The firm shall be pre -qualified in accordance with the Rules of the Department of Transportation, Chapter 14 -75. Any Corporation or Partnership offering engineering services must hold a Certificate of Authorization from the Florida Department of Business and Professional Regulation. As an alternate to being an employee of a pre -qualified firm, the Contractor’s Engineer of Record may be a Department -approved Specialty Engineer. For items of the permanent work declared by the State Construction Office to be ”major” or “structural”, the work performed by a Department-approved Specialty Engineer must be checked by another Department -approved Specialty Engineer. An individual Engineer may become a Department -approved Specialty Engineer if the individual meets the Professional Engineer experience requirements set forth within the individual work groups in Chapter 14 -75, Rules of the Department of Transportation , Florida Administrative Code . Department -approved Specialty Engineers are listed on the State Construction Website. Department -approved Specialty Engineers will not be authorized to perform redesigns or Cost Savings Initiative Proposal designs of items fully detailed in the Plans. Controlling Work Items. The activity or work item on the critical path having the least amount of total float. The controlling item of work will also be referred to as a Critical Activity. Culverts. Any structure not classified as a bridge that provides an opening under the ro adway. Delay. Any unanticipated event, action, force or factor which extends the Contractor’s time of performance of any controlling work item under the Contract. The term “delay” is intended to cover all such events, actions, forces or factors, whether s tyled “delay”, “disruption”, “interference”, “impedance”, “hindrance”, or otherwise, which are beyond the control of and not caused by the Contractor, or the Contractor’s subcontractors, materialmen, suppliers or other agents. This term does not include “e xtra work”. Department. State of Florida Department of Transportation. Developmental Specification. See definition for Specifications. Engineer. The Director, Office of Construction, acting directly or through duly authorized representatives; such representatives acting within the scope of the duties and authority assigned to them. Note: In order to avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that whenever anything is, or is to be done, if, as, or, when, or where “acceptable, accepted, approval, approved, authorized, condemned, considered necessary, contemplated, deemed necessary, designated, determined, directed, disapproved, established, FY 2023-24 Return to Table of Contents given, indicated, insufficient, orde red, permitted, rejected, required, reserved, satisfactory, specified, sufficient, suitable, suspended, unacceptable, or unsatisfactory,” it shall be understood as if the expression were followed by the words “by the Engineer,” “to the Engineer,” or “of th e Engineer.” Engineer of Record. The Professional Engineer or Engineering Firm registered in the State of Florida that develops the criteria and concept for the project, performs the analysis, and is responsible for the preparation of the Plans and Specif ications. The Engineer of Record may be Departmental in - house staff or a consultant retained by the Department. The Contractor shall not employ the Engineer of Record as the Contractor’s Engineer of Record or as a Specialty Engineer. Equipment. The machi nery and equipment, together with the necessary supplies for upkeep and maintenance thereof, and all other tools and apparatus necessary for the construction and acceptable completion of the work. Estimated Quantities Report. The Estimated Quantities Repo rt contains pay item and quantity information for the project. When the Plans do not adequately describe quantity related information, refer to the Estimated Quantities Report. Extra Work. Any “work” which is required by the Engineer to be performed and which is not otherwise covered or included in the project by the existing Contract Documents, whether it be in the nature of additional work, altered work, deleted work, work due to differing site conditions, or otherwise. This term does not include a “del ay”. Federal, State, and Local Rules and Regulations. The term “Federal, State and Local Rules and Regulations” includes: any and all Federal, State, and Local laws, bylaws, ordinances, rules, regulations, order s, permits, or decrees including environment al laws, rules, regulations, and permits. Highway, Street, or Road. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right -of-way. Holidays. Days designated by the State Legislature or Cabinet as holidays, which include, but are not limited to, New Year’s Day, Martin Luther King’s Birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day and the following Friday, and Christmas Day. Inspector. An authorized representativ e of the Engineer, assigned to make official inspections of the materials furnished and of the work performed by the Contractor. FY 2023-24 Return to Table of Contents Laboratory. The official testing laboratory used by the Department. Major Item of Work. Any item of work having an original C ontract value in excess of 5% of the original Contract amount. Materials. Any substances to be incorporated in the work under the Contract. Median. The portion of a divided highway or street separating the traveled ways for traffic moving in opposite dir ections. Plans. The plans sheets and digital models (2D and 3D) provided as contract documents, including reproductions thereof, showing the location, character, dimensions, and details of the work. Proposal (Bid, Bid Proposal). The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. Proposal Form. The official form or the electronically generated bid item sheets on which the Department requires formal bids to be prepared a nd submitted for the work. Proposal Guaranty . The security furnished by the bidder as guaranty that the bidder will enter into the Contract for the work if the Department accepts the proposal. Request for Correction. A document initiated by the Contracto r proposing a method for correction of work that is not in compliance with the Contract Documents. The Request for Correction is submitted to the Engineer for review and disposition. Request for Information. A document initiated by the Contractor that is submitted to the Engineer for interpretation of a Contract Document provision, the meaning of which is not clear to the Contractor. The Request for Information is submitted to the Engineer for review and disposition. Request for Modification. A document i nitiated by the Contractor requesting to modify the Contract Documents, that is submitted to the Engineer for review and disposition. Right-of-Way. The land that the Department has title to, or right of use, for the road and its structures and appurtenanc es, and for material pits furnished by the Department. FY 2023-24 Return to Table of Contents Roadbed. The portion of the roadway occupied by the subgrade and shoulders. Roadway. The portion of a highway within the limits of construction. Secretary. Secretary of Transportation, State of Flor ida Department of Transportation, acting directly or through an assistant or other representative authorized by him; the chief officer of the Department of Transportation. Section. A numbered prime division of these Specifications. Special Event. Any event, including but not limited to, a festival, fair, run or race, motorcade, parade, civic activity, cultural activity, charity or fund drive, sporting event, or similar activity designated in the Contract Documents. Special Provisions. See definition for Specifications. Specialty Engineer. A Professional Engineer registered in the State of Florida, other than the Engineer of Record or his subcontracted consultant, who undertakes the design and drawing preparation of components, systems, or installation methods and equipment for specific temporary portions of the project work or for special items of the permanent works not fully detailed in the Plans and required to be furnished by the Contractor. The Specialty Engineer may also provide desig ns and details, repair designs and details, or perform Engineering Analyses for items of the permanent work declared by the State Construction Office to be “minor” or “non -structural”. For items of work not specifically covered by the Rules of the Depart ment of Transportation, a Specialty Engineer is qualified if he has the following qualifications:

1.Registration as a Professional Engineer in the State of Florida.
2.The education and experience necessary to perform the submitted design as required by the Florida Department of Business and Professional Regulation. Specifications. The directions, provisions, and requirements contained herein, together with all stipulations contained in the Contract Documents, setting out or relating to the method and manner of performing the work, or to the quantities and qualities of materials and labor to be furnished under the Contract. Standard Specifications: “Standard Specifications for Road and Bridge Construction” an electronic book, applicable to all Department Contracts containing adopted requirements, setting out or relating to the method or manner of performing work, or to the quantities and qualities of materials and labor. Supplemental Specifications: Approved additions and revisions to the Standard Specifications, applicable to all Department Contracts. FY 2023-24 Return to Table of Contents Special Provisions: Specific clauses adopted by the Department that add to or revise the Standard Specifications or supplemental specifications, setting forth condition s varying from or additional to the Standard Specifications applicable to a specific project. Technical Special Provisions: Specifications , of a technical nature, prepared, signed, and sealed by an Engineer registered in the State of Florida other than t he State Specifications Engineer or his designee, that are made part of the Contract as an attachment to the Contract Documents. Developmental Specification: A specification developed around a new process, procedure, or material. Standard Plans. “Standard Plans for Road and Bridge Construction”, an electronic book describing and detailing aspects of the Work. Where the term Design Standards appears in the Contract Documents, it will be synonymous with Standard Plans. Standard Specifications. See definit ion for Specifications. State. State of Florida. Subarticle. A headed and numbered subdivision of an Article of a Section of these Specifications. Subgrade. The portion of the roadbed immediately below the base course or pavement, including below the cu rb and gutter, valley gutter, shoulder and driveway pavement. The subgrade limits ordinarily include those portions of the roadbed shown in the Plans to be constructed to a design bearing value or to be otherwise specially treated. Where no limits are show n in the Plans, the subgrade section extends to a depth of 12 inches below the bottom of the base or pavement and outward to 6 inches beyond the base, pavement, or curb and gutter. Substructure. All of that part of a bridge structure below the bridge seat s, including the parapets, backwalls, and wingwalls of abutments. Superintendent. The Contractor’s authorized representative in responsible charge of the work. Superstructure. The entire bridge structure above the substructure, including anchorage and anchor bolts, but excluding the parapets, backwalls, and wingwalls of abutments. Supplemental Agreement . A written agreement between the Contractor and the Department, and signed by the surety, modifying the Contract within the limitations s et forth in these Specifications. FY 2023-24 Return to Table of Contents Supplemental Specifications . See definition for Specifications. Surety. The corporate body that is bound by the Contract Bond with and for the Contractor and responsible for the performance of the Contract and for paymen t of all legal debts pertaining thereto. Technical Special Provisions. See definition for Specifications. Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders and bicycle lanes. Unilateral Payment. A payment of m oney made to the Contractor by the Department pursuant to Section 337.11(12), Florida Statutes (2009), for sums the Department determines to be due to the Contractor for work performed on the project, and whereby the Contractor by acceptance of such payment does not waive any rights the Contractor may otherwise have against the Department for payment of any additional sums the Contractor claims are due for the work. Work. All labor, materials and incidentals required to execute and complete the requirement s of the Contract including superintendence, use of equipment and tools, and all services and responsibilities prescribed or implied. Work Order. A written agreement between the Contractor and the Department modifying the Contract within the limitations s et forth in these Specifications. Funds for this agreement are drawn against the Initial Contingency Pay Item or a Contingency Supplemental Agreement. Working Day. Any calendar day on which the Contractor works or is expected to work in accordance with the approved work progress schedule. FY 2023-24 Return to Table of Contents SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS

2-1 Prequalification of Bidders.

Except as noted below, prequalify with the Department to be eligible to bid. The Department publishes regulations covering prequalification of Bidders under separate cover. The Department does not require the Bidder to be a prequalified Contractor if bidding construction contracts of $250,000 or less, or if constructing buildings. In addition, at its sole discretion, the Department may waive prequalification requirements on contracts of $500,000 or less. For construction contracts requiring prequalificati on, file an application for qualification using the Department ’s online prequalification application system , giving detailed information with respect to financial resources, equipment, past record, personnel, and experience. For qualified applicants, the D epartment will issue a certificate fixing the types of work and the aggregate amount of work that the Department allows the prequalified Bidder to have under contract at any one time. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit the following:

1.A bid on a Contract to provide any goods or services to a public entity.
2.A bid on a Contract with a public entity for the construction or repair of a public building o r public work.
3.Bids on leases of real property to a public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a contractor, supplier, s ubcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F.S., for Category Two. All restrictions apply for a period of 36 months from the date of placement on the convicted vendor list. All prequalified Contractors bidding on any Contract must certify their total dollar amount of Work Underway and submit Form 375 -020-39 or a spreadsheet in a similar format prior to submitting a bi d. This information must be submitted at least once during the month the bid is due via the “Work Underway” link in the Contractor Pre -Qualification System.

2-2 Proposals.

2-2.1 Obtaining Proposal Forms: Obtain Proposal Forms under the conditions

stipulated in the Advertisement. The Advertisement states the location and description of the work to be performed; the estimate of the various quantities (if applicable); the pay items of work to be performed (if applicable); the Contract Time; the amount of Proposal Guaranty; and the date, time, and place of the opening of Proposals. The Plans, Specifications and other documents designated in the Advertisement are part of the Proposal, whether attached or not. Upon advertising , the Department will make the Proposal Forms available for download as an electronic file from the Online Ordering System o r provide the Proposal Forms on portable electronic media as stipulated in the Advertisement . This file contains the information to be used by the Bidder , who has ordered and obtained the Proposal Forms , to submit the Proposal. FY 2023-24 Return to Table of Contents

Source: Florida Standard Specifications for Road and Bridge Construction, 2024 Edition. Pages 917 of 1,299.