4-1 Intent of Contract.
The intent of the Contract is to provide for the construction and completion in every detail of the work described in the Contract. Furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Contract Documents. Upon execution of the Contract, conduct all written communication associated with the Contract using a paperless electronic means. When the Specification s require a submission of documentation, such documents must be submitted and exchanged electronically using the Department provided web -based collaboration site. All documents requiring a signature must be executed electronically by both parties in accordance with Chapter 668, Florida Statutes, and have the same force and effect as a written signature. All persons requiring access to the collaboration site shall be identified during the preconstruction conference. Persons may be added or removed during th e life of the Contract on an as needed basis. All signatories must acquire a digital signature certificate.
4-2 Work not covered by Standard Specifications.
Proposed construction and any contractual requirements not covered by these Standard Specification s may be covered by Contract Plan notes or by Supplemental Specifications or Special Provisions for the Contract, and all requirements of such Supplemental Specifications or Special Provisions shall be considered as a part of these Specifications.
4-3 Alteration of Plans or of Character of Work.
4-3.1 General : The Engineer reserves the right to make, at any time prior to or during the
progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial ch ange or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, sh all not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. The term “signi ficant change” applies only when:
1.The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or
2.A major item of work, as defined i n 1-3, is increased in excess of 125% or decreased below 75% of the original Contract quantity. The Department will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity in acco rdance with 4 -3.2 below. In the case of a decrease below 75% the Department will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity. In (1) above, the determination by the Engineer shall be conclu sive. If the determination is challenged by the Contractor in any proceeding, the Contractor must establish FY 2023-24 Return to Table of Contents by clear and convincing proof that the determination by the Engineer was without any reasonable basis.
4-3.2 Increase, Decrease or Alteration in th e Work: The Engineer reserves the right to
make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performanc e. Such alteration shall not constitute a breach of Contract, shall not invalidate the Contract or release the Surety. Notwithstanding that the Contractor shall have no formal right whatsoever to any extra compensation or time extension deemed due by the Contractor for any cause unless and until the Contractor follows the procedures set forth in 5 -12.2 for preservation, presentation and resolution of the claim, the Contractor may at any time, after having otherwise timely submitted a notice of intent to c laim or preliminary time extension request pursuant to 5 -12.2 and 8 -7.3.2, submit to the Department a request for equitable adjustment of compensation or time or other dispute resolution proposal. The Contractor shall in any request for equitable adjustmen t of compensation, time, or other dispute resolution proposal certify under oath and in writing, in accordance with the formalities required by Florida law, that the request is made in good faith, that any supportive data submitted is accurate and complete to the Contractor’s best knowledge and belief, and that the amount of the request accurately reflects what the Contractor in good faith believes to be the Department’s responsibility. Such certification must be made by an officer or director of the Contra ctor with the authority to bind the Contractor. Any such certified statements of entitlement and costs shall be subject to the audit provisions set forth in 5 -12.14. While the submittal or review of a duly certified request for equitable adjustment shall n either create, modify, nor activate any legal rights or obligations as to the Contractor or the Department, the Department will review the content of any duly certified request for equitable adjustment or other dispute resolution proposal , with any further action or inaction by the Department thereafter being in its sole discretion. Any request for equitable adjustment that fails to fully comply with the certification requirements will not be reviewed by the Department. The monetary compensation provided for below constitutes full and complete payment for such additional work and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs or profit for any such additional work beyond that expressly provided b elow. The Contractor shall be entitled to a time extension only to the extent that the performance of any portion of the additional work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. All time related costs for actual performance of such additional work are included in the compensation already provided below and any time extension entitlement hereunder will be without additional monetary compensation. The Contractor shall have no right to any monetary compensation or damages whatsoever for any direct or indirect delay to a controlling work item arising out of or in any way related to the circumstances leading up to or resulting from additional work (bu t not relating to the actual performance of the additional work, which is paid for as otherwise provided herein), except only as provided for under 5-12.6.2.1.
4-3.2 1 Allowable Costs for Extra Work: The Engineer may direct in writing
that extra work be done and, at the Engineer’s sole discretion, the Contractor will be paid pursuant to an agreed Supplemental Agreement or in the following manner:
1.Labor and Burden: The Contractor will receive payment for actual costs of direct labor and burden for th e additional or unforeseen work. Labor includes foremen FY 2023-24 Return to Table of Contents actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager’s position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. Payment for burden shall be limited solely to the following: Table 4-1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation benefits Actual Retirement benefits Actual Workers Compensation Rates based on the National Council on Compensation Insurance basic rate tables adjusted by Contractor’s actual experience modification factor in effect at the time of the additional work or unforeseen work. Per Diem Actual but not to exceed State of Florida’s rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.). At the Pre -construction conference, certify to the Engineer the following:
a.A listing of on -site clerical staff, supervisory personnel and their pro -rated time assigned to the contract,
b.Actual Rate for items listed in Table 4-1,
c.Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and,
d.Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitut e a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work.
2.Materials and Supplies: For materials accepted by the Engineer and used on the project, the Contractor will receive the actual cost of such materials incorporated into the work, including Contractor paid transportation charges (exclusive of equipme nt as hereinafter FY 2023-24 Return to Table of Contents set forth). For supplies reasonably needed for performing the work, the Contractor will receive the actual cost of such supplies.
3.Equipment: For any machinery or special equipment (other than small tools), including fuel and lubrica nt, the Contractor will receive 100% of the “Rental Rate Blue Book” for the actual time that such equipment is in operation on the work, and 50% of the “Rental Rate Blue Book” for the time the equipment is directed to standby and remain on the project site , to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the “Rental Rate Blue Book for Construction Equipment” as published by EquipmentWatch, a division of Informa Business Media, Inc., using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the “Rental Rat e Blue Book. ” Allowable Equipment Rates will be established as set out below:
a.Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%.
b.Allowable Hourly Operating Cost = Hourly Operating Cost x 100%.
c.Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost.
d.Standby Rate = Allowable Hourly Equipment Rate x 50%. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when e quipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipm ent operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Department will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Department will pay for the time to perform thi s work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor, as defined above.
4.Indirect Costs, Expenses, and Profit: Compensation for all indirect costs, expenses, and profit of the Contractor, including but no t limited to overhead of any kind, whether jobsite, field office, division office, regional office, home office, or otherwise, is expressly limited to the greater of either ( a) or (b) below:
a.Solely a mark -up of 17.5% on the payments in ( 1) through ( 3), above.
1.Bond: The Contractor will receive compensation for any premium for acquiring a bond for such additional or unforeseen work at the original Contract bond rate paid by the Contractor. No compensation for bond premium will be allowed for additional or unforeseen work paid by the Department via initial contingency pay item. FY 2023-24 Return to Table of Contents
2.The Contractor will be allowed a markup of 10% on the first $50,000 and a markup of 5% on any amount over $50,000 on any subcontract directly related to the additi onal or unforeseen work. Any such subcontractor mark -up will be allowed only by the prime Contractor and a first tier subcontractor, and the Contractor must elect the markup for any eligible first tier subcontractor to do so.
b.Solely the formula set forth below and only as applied solely as to such number of calendar days of entitlement that are in excess of ten cumulative calendar days as defined below. BC AD= Where A = Original Contract Amount B = Original Contract Time C = 8% D = Average Overhead Per Day Cumulative Calendar Days is defined as the combined total number of calendar days granted as time extensions due to either extra work, excluding overruns to existing contract items, that e xtend the duration of the project or delay of a controlling work item caused solely by the Department, or the combined total number of calendar days for which a claim of entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined to be in favor of the Contractor. No compensation, whatsoever, will be paid to the Contractor for any jobsite overhead and other indirect impacts when the total number of calendar days granted for t ime extension due to delay of a controlling work item caused solely by the Department is, or the total number of calendar days for which entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ul timately determined in favor of the Contractor to be, equal to or less than ten calendar days and the Contractor also fully assumes all monetary risk of any and all partial or single calendar day delay periods, due to delay of a controlling work item cause d solely by the Department, that when combined together are equal to or less than ten calendar days and regardless of whether monetary compensation is otherwise provided for hereunder for one or more calendar days of time extension entitlement for each cal endar day exceeding ten calendar days. All calculations under this provision shall exclude weather days, Holidays, and Special Events. Further, for (a) or (b) above, in the event there are concurrent delays to one or more controlling work items, one or more being caused by the Department and one or more being caused by the Contractor, the Contractor shall be entitled to a time extension for each day that a controlling work item is delayed by the Department but shall have no right to nor receive any mone tary compensation for any indirect costs for any days of concurrent delay.
4-3.2 2 Subcontracted Work: Compensation for the additional or unforeseen
work performed by a subcontractor shall be limited solely to that provided for in 4 -3.2.1 (1), (2),
3.and (4)(a). In addition, the Contractor compensation is expressly limited to the greater of the total provided in either 4 -3.2.1(4)(a) or (4)(b), except that the Average Overhead Per -Day calculation is as follows: FY 2023-24 Return to Table of Contents BCAsDs= Where As = Original Contract Amount minus Original Subcontract amounts(s)* B = Original Contract Time C = 8% Ds = Average Overhead Per -Day * deduct Original Subcontract Amount(s) of subcontractor(s) performing the work The subcontractor may receive compensation for any premium for acquiring a bond for the additional or unforeseen work; provided, however, that such payment for additional subcontractor bond will only be paid upon presentment to the Department of clear and convincing proof that the subcontractor has actually submitted and paid for separate bond premiums for such additional or unforeseen work in such amount and that the subcontractor was required by the Contractor to acquire a bond. The Contractor shall require the subcont ractor to submit a certification, in accordance with 4 -3.2.1 (1), as part of the cost proposal and submit such to the Engineer. Such certification must be made by an officer or director of the subcontractor with authority to bind the subcontractor. Timely certification is a condition precedent to any right of the Contractor to recover compensation for such subcontractor costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor o f any right to recover such subcontractor costs.
4-3.3 No Waiver of Contract: Changes made by the Engineer will not be considered to
waive any of the provisions of the Contract, nor may the Contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantit ies and the quantities of work actually performed. All work shall be performed as directed by the Engineer and in accordance with the Contract Documents.
4-3.4 Conditions Requiring a Supplemental Agreement or Unilateral Payment: A
Supplemental Agreement o r Unilateral Payment will be used to clarify the Plans and Specifications of the Contract; to provide for unforeseen work, grade changes, or alterations in the Plans which could not reasonably have been contemplated or foreseen in the original Plans and Specifications; to change the limits of construction to meet field conditions; to provide a safe and functional connection to an existing pavement; to settle documented Contract claims; to make the project functionally operational in accordance with the inte nt of the original Contract and subsequent amendments thereto. A Supplemental Agreement or Unilateral Payment may be used to expand the physical limits of the project only to the extent necessary to make the project functionally operational in accordance with the intent of the original Contract. The cost of any such agreement extending the physical limits of the project shall not exceed $100,000 or 10% of the original Contract price, whichever is greater. Perform no work to be covered by a Supplemental Agreement or Unilateral Payment before written authorization is received from the Engineer. The Engineer’s written authorization will set forth sufficient work information to allow the work to begin. The work FY 2023-24 Return to Table of Contents activities, terms and conditions will be reduce d to written Supplemental Agreement or Unilateral Payment form promptly thereafter. No payment will be made on a Supplemental Agreement or Unilateral Payment prior to the Department’s approval of the document.
4-3.5 Extra Work: Extra work authorized in wr iting by the Engineer will be paid in
accordance with the formula in 4 -3.2. Such payment will be the full extent of all monetary compensation entitlement due to the Contractor for such extra work. Any entitlement to a time extension due to extra work will be limited solely to that provided for in 4 -3.2 for additional work.
4-3.6 Connections to Existing Pavement, Drives and Walks: Generally adhere to the
limits of construction at the beginning and end of the project as detailed in the Plans. However, if the Engineer determines that it is necessary to extend the construction in order to make suitable connections to existing pavement, the Engineer will authorize such a change in writing. For necessary connections to existing walks and drives that are not indicated in the Plans, the Engineer will submit direction regarding the proper connections in accordance with the Standard Plan s.
4-3.7 Differing Site Conditions: During the progress of the work, if subsurface or latent
physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and g enerally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the Contractor disturbs the conditions or performs the affected work. Upon receipt of written notification of differing site conditions from the Contractor, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. The Engineer will notify the Contractor whether or not an adjustment of the Contract is warranted. The Engineer will not allow a Contract adjustment for a differing site condition unless the Contractor has submitted the required written notice. The Engineer will not allow a Contr act adjustment under this clause for any effects caused to any other Department or non -Department projects on which the Contractor may be working.
4-3.8 Changes Affecting Utilities: The Contractor shall be responsible for identifying
and assessing any pot ential impacts to a utility that may be caused by the changes proposed by the Contractor, and the Contractor shall at the time of making the request for a change notify the Department in writing of any such potential impacts to utilities. Department appr oval of a Contractor proposed change does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Specifications, Design Plans (including Traffic Control Plans) or other Contract Documents and which effect a change in utility work different from that shown in the Utility Plans, joint project agreements or utility rel ocation schedules.
4-3.9 Cost Savings Initiative Proposal :
4-3.9 1 Intent and Objective:
FY 2023-24 Return to Table of Contents
1.This Subarticle applies to any cost reduction proposal (hereinafter referred to as a Proposal) that the Contractor initiates and develops for the purpose of r efining the Contract to increase cost effectiveness or significantly improve the quality of the end result. A mandatory Cost Savings Initiative Workshop will be held prior to Contract Time beginning for the Contractor and Department to discuss potential Pr oposals. This mandatory workshop can only be eliminated if agreed to in writing by both the Contractor and Department. This Subarticle does not, however, apply to any such proposal unless the Contractor identifies it at the time of its submission to the De partment as a proposal submitted pursuant to this Subarticle.
2.The Department will consider Proposals that would result in net savings to the Department by providing a decrease in the cost of the Contract. Proposals must result in savings without impa iring essential functions and characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design features. The Department will not recognize the Contractor’s correction of plan er rors that result in a cost reduction, as a Proposal. Deletions of work, approved by the Engineer which are not directly associated with or integral to a Proposal will be handled as full credits to the Department for the work deleted.
3.The Department shall have the right to reject , at its discretion , any Proposal submitted that proposes a change in the design of the pavement system or that would require additional right -of-way. Pending the Department’s execution of a formal supplemental agreement implem enting an approved Proposal, the Contractor shall remain obligated to perform the work in accordance with the terms of the existing Contract. The Department may grant time extensions to allow for the time required to develop and review a Proposal.
4.For potential Proposals not discussed at the Cost Savings Initiative Workshop, a mandatory concept meeting will be held for the Contractor and Department to discuss the potential Proposal prior to development of the Proposal. This mandatory meeting can only be eliminated if agreed to in writing by both the Contractor and Department.
4-3.9 2 Subcontractors: The Department encourages the Contractor to include
the provisions of this Subarticle in Contracts with subcontractors and to encourage submission of Proposals from subcontractors. However, it is not mandatory to submit Proposals to the Department or to accept or transmit subcontractor proposed Proposals to the Department.
4-3.9 3 Data Requirements: As a minimum, submit the following information
with each Proposal:
1.a description of the difference between the existing Contract requirement, including any time extension request, and the proposed change, and the comparative advantages and disadvantages.
2.separate detailed cost estimates for both th e existing Contract requirement and the proposed change. Break down the cost estimates by pay item numbers indicating quantity increases or decreases and deleted pay items. Identify additional proposed work not covered by pay items within the Contract, by using pay item numbers in the Basis of Estimates Manual. In preparing the estimates, include overhead, profit, and bond within pay items in the Contract. Separate pay item(s) for the cost of overhead, profit, and bond will not be allowed.
3.an itemizat ion of the changes, deletions or additions to plan details, plan sheets, Standard Plan s and Specifications that are required to implement the Proposal if the Department adopts it. Submit preliminary plan drawings sufficient to describe the proposed changes. FY 2023-24 Return to Table of Contents
4.engineering or other analysis in sufficient detail to identify and describe specific features of the Contract that must be changed if the Department accepts the Proposal with a proposal as to how these changes can be accomplished and an assessment of their effect on other project elements. The Department may require that engineering analyses be performed by a prequalified consultant in the applicable class of work. Support all design changes that result from the Proposal with drawings and computatio ns signed and sealed by the Contractor’s Engineer of Record. Written documentation or drawings will be submitted clearly delineating the responsibility of the Contractor’s Engineer of Record.
5.the date by which the Department must approve the Proposal to obtain the total estimated cost reduction during the remainder of the Contract, noting any effect on the Contract completion time or delivery schedule.
6.a revised project schedule that wou ld be followed upon approval of the Proposal. This schedule would include submittal dates and review time for the Department and Peer reviews.
4-3.9 4 Processing Procedures: Submit Proposal s to the Engineer or his duly
authorized representative. The Depa rtment will process Proposals expeditiously; however, the Department is not liable for any delay in acting upon a Proposal submitted pursuant to this Subarticle. The Contractor may withdraw, in whole or in part, a Proposal not accepted by the Department wi thin the period specified in the Proposal. The Department is not liable for any Proposal development cost in the case where the Department rejects or the Contractor withdraws a Proposal. The Engineer is the sole judge of the acceptability of a Proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the Department reserves the right to disregard the Contract bid prices if, in the judgment of the Engine er, such prices do not represent a fair measure of the value of work to be performed or to be deleted. Prior to approval, the Engineer may modify a Proposal, with the concurrence of the Contractor, to make it acceptable. If any modification increases or decreases the net savings resulting from the Proposal, the Department will determine the Contractor’s fair share upon the basis of the Proposal as modified and upon the final quantities. The Department will compute the net savings by subtracting the revis ed total cost of all bid items affected by the Proposal from the total cost of the same bid items as represented in the original Contract. Prior to approval of the Proposal that initiates the supplemental agreement, submit acceptable Contract -quality pl an sheets revised to show all details consistent with the Proposal design.
4-3.9 5 Computations for Change in Contract Cost of Performance: If the
Proposal is adopted, the Contractor’s share of the net savings as defined hereinafter represents full compe nsation to the Contractor for the Proposal. The Department will not include its costs to process and implement a Proposal in the estimate. However, the Department reserves the right, where it deems such action appropriate, to require the Contractor to p ay the Department's cost of investigating and implementing a Proposal as a condition of considering such proposal. When the Department imposes such a condition, the Contractor shall accept this condition in writing, authorizing the Department to deduct amo unts payable to the Department from any monies due or that may become due to the Contractor under the Contract. FY 2023-24 Return to Table of Contents
4-3.9 6 Conditions of Acceptance for Major Design Modifications of
Category 2 Bridges: A Proposal that proposes major design modifications of a category 2 bridge, as determined by the Engineer, shall have the following conditions of acceptance: All bridge Plans relating to the Proposal shall undergo an independent peer review conducted by a single independent engineering firm referred to for the purposes of this article as the Independent Review Engineer who is not the originator of the Proposal design, and is pre -qualified by the Department in accordance with Rule 14 -75, Florida Administrative Code. The independent peer review is intended to be a comprehensive, thorough verification of the original work, giving assurance that the design is in compliance with all Department requirements. The Independent Review Engineer’s comments, along with the resolution of each comment, shall be submitted to the Department. The Independent Review Engineer shall sign and seal the submittal cover letter stating that all comments have been adequately addressed and the design is in compliance with the Department requirements. If there are any unresolved comments the Independent Review Engineer shall specifically list all unresolved issues in the signed and sealed cover letter. The Contractor shall designate a primary engineer responsible for the Proposal design and as such will be designated as the Contractors Engineer of Record for the Proposal design. The Department reserves the right to require the Contractor’s Engineer of Record to assume responsibility for design of the entire structure. New designs and independent peer reviews shall be in co mpliance with all applicable Department, FHWA and AASHTO criteria requirements including bridge load ratings.
4-3.9 7 Sharing Arrangements: If the Department approves a Proposal, the
Contractor shall receive 50% of the net reduction in the cost of perfor mance of the Contract as determined by the final negotiated agreement between the Contractor and the Department. The net reduction will be determined by subtracting from the savings of the construction costs the reasonable documented engineering costs incu rred by the contractor to design and develop a Proposal. The reasonable documented engineering costs will be paid by the Department. Engineering costs will be based on the consultant’s certified invoice and may include the costs of the Independent Review E ngineer in 4 -3.9.6. The total engineering costs to be subtracted from the savings to determine the net reduction will be limited to 25% of the construction savings and shall not include any markup by the Contractor or the costs for engineering services per formed by the Contractor.
4-3.9 8 Notice of Intellectual Property Interests and Department’s Future
Rights to a Proposal:
4-3.9 8.1 Notice of Intellectual Property Interests: The Contractor’s
Proposal submittal shall identify with specificity any and all forms of intellectual property rights that either the Contractor or any officer, shareholder, employee, consultant, or affiliate, of the Contractor, or any other entity who contributed in any measure to the substance of the Contractor’s Proposal develo pment, have or may have that are in whole or in part implicated in the Proposal. Such required intellectual property rights notice includes, but is not limited to, disclosure of any issued patents, copyrights, or licenses; pending patent, copyright or lice nse applications; and any intellectual property rights that though not yet issued, applied for or intended to be pursued, could nevertheless otherwise be subsequently the subject of patent, copyright or license protection by the Contractor or others in the future. This notice requirement does not extend to intellectual property rights as to stand -alone or integral components of the FY 2023-24 Return to Table of Contents Proposal that are already on the Department’s Approved Product List (A PL) or Standard Plans, or are otherwise generally known i n the industry as being subject to patent or copyright protection.
4-3.9 8.2 Department’s Future Rights to a Proposal: Notwithstanding
7-3 nor any other provision of the Standard Specifications, upon acceptance of a Proposal, the
Contractor hereby grant s to the Department and its contractors (such grant being expressly limited solely to any and all existing or future Department construction projects and any other Department projects that are partially or wholly funded by or for the Department) a royalty -free and perpetual license under all forms of intellectual property rights to manufacture, to use, to design, to construct, to disclose, to reproduce, to prepare and fully utilize derivative works, to distribute, display and publish, in whole or in part, a nd to permit others to do any of the above, and to otherwise in any manner and for any purpose whatsoever do anything reasonably necessary to fully utilize any and all aspects of such Proposal on any and all existing and future construction projects and an y other Department projects. Contractor shall hold harmless, indemnify and defend the Department and its contractors and others in privity therewith from and against any and all claims, liabilities, other obligations or losses, and reasonable expenses related thereto (including reasonable attorneys’ fees), which are incurred or are suffered by any breach of the foregoing grants, and regardless of whether such intellectual property rights were or were not disclosed by the Contractor pursuant to 4 -3.9.8.1, unless the Department has by express written exception in the Proposal acceptance process specifically released the Contractor from such obligation to hold harmless, indemnify and defend as to one or more disclosed intellectual property rights.
4-4 Unforeseeable Work.
When the Department requires work that is not covered by a price in the Contract and such work does not constitute a “Significant Change” as defined in 4 -3.1, and the Department finds that such work is essential to the satisfactory completi on of the Contract within its intended scope, the Department will make an adjustment to the Contract. The Engineer will determine the basis of payment for such an adjustment in a fair and equitable amount.
4-5 Rights in and Use of Materials Found on the Si te of the Work.
4-5.1 Ownership and Disposal of Existing Materials: Take ownership and dispose of
all materials that are not designated as the property of other parties, in both roadway and structures, found on the right -of-way, and all material in struct ures designated for removal. Such materials do not include earth or other excavated material required for the construction of the project. During construction, the Contractor may use materials from existing structures that are required to be removed and th at are designated to remain the property of the Department. Do not cut or otherwise damage such material during removal unless the Engineer gives permission to do so. Store material in an accessible location as the Engineer directs. The Department is not responsible for the quality or quantity of any material salvaged.
4-5.2 Ornamental Trees and Shrubs: Take ownership of all ornamental trees or shrubs
existing in the right -of-way that are required to be removed for the construction operations and which are not specifically designated in the Plans to be reset, or to be removed by others prior to the construction operations. FY 2023-24 Return to Table of Contents
4-6 Final Cleaning Up of Right -of-Way.
Upon completion of the work, and before the Department accepts the work and makes final payment, remove from the right -of-way and adjacent property all falsework, equipment, surplus and discarded materials, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, that has been damaged during the prosecu tion of the work; and leave the waterways unobstructed and the roadway in a neat and presentable condition throughout the entire length of the work under Contract. Do not dispose of materials of any character, rubbish or equipment, on abutting property, wi th or without the consent of the property owners. The Engineer will allow the Contractor to temporarily store equipment, surplus materials, usable forms, etc., on a well -kept site owned or leased by the Contractor, adjacent to the project. However, do not place or store discarded equipment, materials, or rubbish on such a site. Shape and dress areas adjacent to the project right -of-way that were used as plant sites, materials storage areas or equipment yards when they are no longer needed for such purposes . Restore these areas in accordance with 7 -11.1 and 7 -11.2. Grass these areas when the Engineer directs. FY 2023-24 Return to Table of Contents SECTION 5 CONTROL OF THE WORK
5-1 Plans and Working Drawings.
5-1.1 Contract Documents: Have available the Contract Documents on the worksite at
all times.
5-1.2 Department’s Plans: Plans consist of general drawings showing such details as are
necessary to give a comprehensive idea of the construction contemplated. In general, roadway plans will show alignment, profile grades, typical sections and general plan view details. Cross sectional views maybe provided or created from provided surface models. In general, structure plans will show in detail all dimensions of the work contemplated. When the structure plans do not show the dimensions in detail, they will show general features and such details as are necessary to give a comprehensive idea of the structure. Elevations and B.M. Datum shown are North American Vertical Datum 1988 (NAVD-1988), National Geodetic Vertical Datum of 1929 (NGVD-1929), or other datum as noted in the Plans. The existing surface is a combination of the following:
1.The natural ground or the original ground line,
2.The bottom of the existing pavement,
3.The bottom of existing features removed by clearing and grubbing,
4.The bottom of the exist ing base, if the base is to be removed, The finished graded surface includes the completed grades of side slopes, unpaved shoulders, and the bottom of the base for flexible or rigid pavement.
5-1.3 Alterations in Plans: The Department will issue, in wri ting, all authorized
alterations affecting the requirements and information given on the approved Plans.
5-1.4 Shop Drawings:
5-1.4 1. Definitions: In addition to the definitions below, also refer to Section 1,
Definitions and Terms.
1.Bracing: Temporary structural member(s) placed between beams, girders, piles, precast columns, etc. to provide stability during construction activities.
2.Construction Affecting Public Safety: Construction that may jeopardize public safety such as structures and construction operations spanning over or adjacent to functioning vehicular roadways, pedestrian walkways, railroads, navigable waterways and walls supporting fill sections or excavations immediately adjacent to functioning roadways. Construction Affecting Public Safety may also apply to the construction or demolition of a bridge with continuous beams or girders if traffic is being placed under one of the spans within the unit. It does not apply to those areas of the site outside the limits of normal public access. Adjacent as used above applies to any project or property where normal construction operations could impact functioning vehicular roadways, pede strian walkways, railroads, and navigable waterways.
3.Contractor Originated Designs: Items which the Contract Documents require the Contractor to design, detail and incorporate into the permanent works.
4.Detailer: The steel detailer that prepares the steel shop drawings for the fabrication, geometry and fit -up for all steel members in accordance with the Plans.
5.Falsework: Any temporary construction work used to support the permanent structure until it becomes self -supporting. Falsework inclu des steel or timber beams, FY 2023-24 Return to Table of Contents
Source: Florida Standard Specifications for Road and Bridge Construction, 2024 Edition. Pages 28–39 of 1,299.