5CONTROL OF THE WORK

SECTION 5 CONTROL OF THE WORK

5-1Plans and Working Drawings

5-1.1Contract Documents: Have available the Contract Documents on the worksite at

all times.

5-1.2Department’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:

The finished graded surface includes the completed grades of side slopes, unpaved shoulders, and the bottom of the base for flexible or rigid pavement.

5-1.3Alterations in Plans: The Department will issue, in wri ting, all authorized

alterations affecting the requirements and information given on the approved Plans.

5-1.4Shop Drawings:

5-1.4.1. Definitions: In addition to the definitions below, also refer to Section 1, Definitions and Terms.

girders, piles, precast columns, etc. to provide stability during construction activities.

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.

require the Contractor to design, detail and incorporate into the permanent works.

fabrication, geometry and fit -up for all steel members in accordance with the Plans.

permanent structure until it becomes self -supporting. Falsework inclu des steel or timber beams, FY 2023-24 Return to Table of Contents

girders, columns, bracing, piles and foundations, and any proprietary equipment including modular shoring frames, post shores, and adjustable horizontal shoring.

in its designated shape until it hardens. Formwork may be comprised of common materials such as wood or metal sheets, battens, soldiers and walers, ties, proprietary forming systems such as stay-in-place metal forms, and proprietary supporting bolts, hangers and brackets. Formwork may be either permanent formwork requiring a shop drawing submittal such as stay -in-place metal or concrete forms or may be temporary formwork which requires certification by the Specialty Engineer for Construction Affecting Public Safety and for Major and Unusual Structures.

this includes the following types of structures:

spans not satisfying the Category 1 conditions of FDOT Design Manual 266.4 .

tensioned substructures.

and mechanical components).

above structures.

required of the completed Contract.

responsible for conducting a review of all shop drawings regardless of whether the shop drawing is originated by th e Engineer of Record or by others. QA/QC Shop Drawing Check Prints shall consist of highlighting items that the EOR is able to verify based on the EOR’s plans and design information on each sheet reviewed. Each sheet shall be initialed by the reviewer. QA/ QC Shop Drawing Check Prints shall be submitted to the Department along with the stamped Shop Drawing.

materials and equipment, but not intended to support the structure.

produced by the contractor, supplier, manufacturer, subcontractor, or fabricator for prefabricated components. Shop drawings also include all working drawings, erection plans, associated trade literature, material cut -sheets, calculations, schedules, erection manuals, geometry control manuals and other manuals and similar documents submitted by the Contractor to define some portion of the project work. The type of work includes both permanent and temporary works as appropriate to the project. FY 2023-24 Return to Table of Contents

inclined support members. In this Section, this term is interchangeable with falsework.

winch equipment, form travelers, segment lifters, beam shifters, erection trusses, launching noses or similar items made purposely for construction of the structure. It does not apply to commonly available proprietary construction equipm ent such as cranes.

construction of the permanent works. This includes but is not limited to bracing, falsework, formwork, scaffolding, shoring, stability towers, strong -backs, count erweights, temporary earthworks, sheeting, cofferdams, and special erection equipment. 5-1.4.2 Shop Drawing Submittal and Review Requirements: See table below for shop drawing submittal and review requirements .

Table 5-1 Submittal and Review Requirements Shop Drawing for: Originated by Specialty Engineer Not Signed and Sealed Originated by Detailer Not Signed and Sealed Originated by Specialty Engineer Signed and Sealed Originated by Contractor’s EOR Signed and Seale d Requires Review, QA/QC Shop Drawing Check prints and disposition stamp by Design EOR Steel Fabrication Drawings Originator Reviewer Steel Erection Plan Originator Reviewer Geometry Control Manual Originator Reviewer Segmental Erection Manual Originator Reviewer Segmental Shop Drawings Reviewer Post-tensioning Mock-up Plan Originator Reviewer Post-tensioning Systems 1 Originator Reviewer Pretensioned Prestressed Concrete Products Containing FRP Bars or Strands Excluding Standard Piles and Sheet Piles Originator Reviewer FY 2023-24 Return to Table of Contents

Table 5-1 Submittal and Review Requirements Shop Drawing for: Originated by Specialty Engineer Not Signed and Sealed Originated by Detailer Not Signed and Sealed Originated by Specialty Engineer Signed and Sealed Originated by Contractor’s EOR Signed and Seale d Requires Review, QA/QC Shop Drawing Check prints and disposition stamp by Design EOR Temporary Works Affecting Public Safety 2 Originator Reviewer Demolition Plans of Bridges with Continuous Beams or Girders Where One Span Within the Unit is Over Traffic Originator Reviewer Prefabricated Bridge Elements and System Connection Mock - Up Plans Originator Reviewer Bridge Formwork Including SIP Forms Originator Reviewer Construction Equipment Placed on Existing Bridges Originator Reviewer Bridge components not fully detailed in the Plans, i.e. , post-tensioning details, handrails, temporary operating systems for movable bridges etc. Originator Reviewer Retaining Wall Systems Originator Reviewer FY 2023-24 Return to Table of Contents

Table 5-1 Submittal and Review Requirements Shop Drawing for: Originated by Specialty Engineer Not Signed and Sealed Originated by Detailer Not Signed and Sealed Originated by Specialty Engineer Signed and Sealed Originated by Contractor’s EOR Signed and Seale d Requires Review, QA/QC Shop Drawing Check prints and disposition stamp by Design EOR Precast Box Culverts Originator Reviewer Non-standard structures and components for drainage, lighting, signalization and signing Originator Reviewer Building structures Originator 3 Reviewer 4 Non-standard crash cushions and other nonstructural items Originator Reviewer Design and structural details furnished by the Contractor in compliance with the Contract Originator Reviewer Material or Product Cut - Sheets Originator Reviewer

over traffic). Also, does not include critical temporary walls that are fully detailed in the plans unless redesigned by the Contractor. Does not include specialized equipment if traffic is removed from under equipment while equipment is being loaded, launched, and while loads are being transported by equipment.

5-1.4.3 Schedule of Submittals: Prepare and submit a schedule of submittals that identifies the work for which shop drawings apply. For each planned submittal, define the type, and approximate number of drawings or other documents that are included and the planned submittal date, consid ering the processing requirements herein. Submit the schedule of submittals to the Department’s Shop Drawing Review Office and the Engineer of Record within 60 days of the start of the Contract, and prior to the submission of any shop drawings. FY 2023-24 Return to Table of Contents

Coordinate subsequent submittals with construction schedules to allow sufficient time for review, resubmittal and approval prior to beginning fabrication, as necessary. 5-1.4.4 Style, Numbering, and Material of Submittals: 5-1.4.4.1 Drawings: Submit all shop drawings that are necessary to complete the structure in compliance with the design shown in the Plans. Prepare all shop drawings using the same units of measure as those used in the Plans. Consecutively number each

sheet in the submittal series and indicate the total number in the series (i.e., 1 of 12, 2 of 12 . . .

12 of 12). Include on each sheet the following items as a minimum requirement: the complete

Financial Project Identification Number, Bridge Number(s), drawing title and number, a title

block showing the names of the fabricator or producer and the Contractor for which the work is

being done, the initials of the person(s) responsible for the drawing, the date on which the

drawing was prepared, the location of the item(s) within the project, the Contractor’s approval

stamp with date and initials, and, when applicable, the documents shall be signed and sealed by

the Specialty Engineer or Contractor’s Engineer of Record. A re-submittal will be requested

when any of the required information is not included.

Shop drawings shall be submitted in Portable Document Format

5-1.4.4.2 Other Documents: Submit PDF files of other documents such

as trade literature, catalogue information, calculations, and manuals formatted on sheets no larger

than 11 by 17 inches. Clearly label and number each sheet in the submittal to indicate the total

number of sheets in the series (i.e., 1 of 12, 2 of 12 . . . 12 of 12).

Prepare all documents using the same units of measure as the Plans

and include a Table of Contents cover sheet. List on the cover sheet the total number of pages

and appendices, and include the complete Financial Project Identification Number, a title

referencing the submittal item(s), the name of the firm and person(s) responsible for the

preparation of the document, the Contractor’s approval stamp with date and initials, and, when

applicable, the documents shall be signed and sealed by the Specialty Engineer or Contractor’s

Engineer of Record.

Submit appropriately prepared and checked calculations and

manuals that clearly outline the design criteria. Include on the internal sheets the complete

Financial Project Identification Number and the initials of the person(s) responsible for preparing

and checking the document.

Clearly label trade literature and catalogue information on the front

cover with the title, Financial Project Identification Number, date and name of the firm and

person(s) responsible for that document.

5-1.4.5 Submittal Paths:

5-1.4.5.1 General: Shop drawings are not required for items on the

Approved Products List used as intended in the relevant Standard Plans and Standard

Specifications. For non-prequalified items, determine the submittal path to be followed based

upon the identity of the Engineer of Record as shown adjacent to the title block on the structural

plan sheets, and on the key sheets of roadway plans, signing, and pavement marking plans,

and/or lighting plans. At the preconstruction conference, the Department will notify the

Contractor in writing of any changes in the submittal path and whether the Department’s or the

Consultant’s review stamp will signify an officially reviewed shop drawing.

of Record, submit shop drawings to the Resident Engineer and to the appropriate Department 37FY 2023-24Return to Table of Contents

Review Office. Include in the submittal other information such as catalog data, procedure

manuals, fabrication/welding procedures, and maintenance and operating procedures when

required by the work. Submit material certifications and material tests to the Resident Engineer.

Department, submit shop drawings to the consultant, the Resident Engineer and, when requested,

to the appropriate Department Review Office. Include in the submittal other documentation such

as catalog data, procedure manuals, fabrication/welding procedures, and maintenance and

operating manuals when required by the work. Submit material certifications and material tests

to the Resident Engineer.

5-1.4.5.2 Building Structures: Submit shop drawings and all

correspondence related to building structures, such as Rest Area Pavilions, Office Buildings, and

Maintenance Warehouses, to the Architect of Record and the Resident Engineer for review and

approval.

5-1.4.5.3 Contractor-Originated Design: Submit shop drawings and

applicable calculations to the Engineer of Record for review. The shop drawings and applicable

calculations must be signed and sealed by the Specialty Engineer or the Contractor’s Engineer of

Record. Submit in accordance with the requirements of 5-1.4.1 through 5-1.4.3, as appropriate.

5-1.4.5.4 Temporary Works: For Construction Affecting Public Safety,

submit to the Engineer of Record shop drawings and the applicable calculations for the design of

special erection equipment, bracing, falsework, scaffolding, etc. The shop drawings and

applicable calculations must be signed and sealed by the Specialty Engineer. Submit in

accordance with the requirements of 5-1.4.1through 5-1.4.3, as appropriate.

5-1.4.5.5 Demolition Plans of Bridges with Continuous Beams or

Girders when Traffic is Under Any of the Spans of the Unit During Demolition Activities:

For demolition plans of bridges with continuous beams or girders when traffic is placed under

any of the spans of the unit during demolition activities, the Specialty Engineer shall prepare

signed and sealed demolition plans and applicable calculations including a step-by-step sequence

of demolition, etc. Clearly denote any traffic restrictions for all demolition steps. Submit in

accordance with the requirements of 5-1.4. 1 through 5-1.4. 3, as appropriate.

5-1.4.5.6 Falsework Founded on Shallow Foundations: When vertical

displacement limits are provided in the Plans for falsework founded on shallow foundations such

as spread footings and mats, submit to the Engineer of Record shop drawings and applicable

calculations of the falsework system including subsurface conditions and settlement estimates.

The shop drawings and applicable calculations must be signed and sealed by the Specialty

Engineer. Submit in accordance with the requirements of 5-1.4.1through 5-1.4.3, as appropriate.

5-1.4.5.7 Formwork and Scaffolding: The Contractor is solely

responsible for the safe installation and use of all formwork and scaffolding. The Department

does not require any formwork or scaffolding submittals unless such work would be classified as

Construction Affecting Public Safety. For formwork, scaffolding, or other temporary works

affecting public safety; develop the required designs in accordance with the AASHTO Guide

Design Specifications for Bridge Temporary Works, the AASHTO Construction Handbook for

Bridge Temporary Works, and Chapter 11 of the Structures Design Guidelines (SDG) using

wind loads specified in the SDG.

5-1.4.5.8 Beam, Girder and Column Temporary Bracing: The

Contractor is solely responsible for ensuring stability of beams, girders and columns during all

handling, storage, shipping and erection. Adequately brace beams, girders and columns to resist 38FY 2023-24Return to Table of Contents

wind, weight of forms and other temporary loads, especially those eccentric to the vertical axis

of the products, considering actual beam geometry and support conditions during all stages of

erection and deck construction. At a minimum, provide temporary bracing at each end of each

beam or girder. Develop the required bracing designs in accordance with the AASHTO LRFD

Bridge Design Specifications (LRFD) and Chapter 11 of the SDG using wind loads specified in

the SDG. For information not included in the SDG or LRFD, refer to the AASHTO Guide

Design Specifications for Bridge Temporary Works and the AASHTO Construction Handbook

for Bridge Temporary Works.

For Construction Affecting Public Safety, when temporary bracing

requirements are shown in the Plans, submit plans and calculations signed and sealed by a

Specialty Engineer for the design of temporary bracing members and connections based on the

forces shown in the Plans. In addition, submit a written certification that construction loads do

not exceed the assumed loads shown in the Plans.

For Construction Affecting Public Safety, when temporary bracing

requirements are not shown in the Plans or an alternate temporary bracing system is proposed,

submit plans and calculations signed and sealed by a Specialty Engineer including the stability

analysis and design of temporary bracing members and connections.

5-1.4.5.9 Erection Plan, Geometry Control Manual and Erection

Manual: Submit, for the Engineer’s review, an Erection Plan that meets the specific

requirements of Sections 450, 452 and 460 and this section. Submit in writing for the Engineer’s

review, an Erection Manual and Geometry Control Manual that meets the specific requirements

of Section 462 and this Section. For all Erection Plans and Erection Manuals refer to Standard

Plans, Index 102-600 for construction activities not permitted over traffic. For construction

activities not covered in Index 102-600, clearly denote what additional construction steps are not

allowed over traffic.

5-1.4.5.10 Other Miscellaneous Design and Structural Details

Furnished by the Contractor in Compliance with the Contract: The Engineer of Record shall

review all shop drawings and the applicable calculations for miscellaneous design and structural

details as required by the Contract. The shop drawings and applicable calculations will be signed

and sealed by the Specialty Engineer. Submit in accordance with the requirements of 5-

1.4.1through 5-1.4.3, as appropriate.

5-1.4.6 Processing of Shop Drawings:

5-1.4.6.1 Contractor Responsibility for Accuracy and Coordination of

Shop Drawings: Coordinate, schedule, and control all submittals, with a regard for the required

priority, including those of the various subcontractors, suppliers, and engineers, to provide for an

orderly and balanced distribution of the work.

Coordinate, review, date, stamp, approve and sign all shop

drawings prepared by the Contractor or agents (subcontractor, fabricator, supplier, etc.) prior to

submitting them to the Engineer for review. Submittal of the drawings confirms verification of

the work requirements, units of measurement, field measurements, construction criteria,

sequence of assembly and erection, access and clearances, catalog numbers, and other similar

data. Indicate on each series of drawings the Specification section and sheet or drawing number

of the Plans to which the submission applies. Indicate on the shop drawings all deviations from

the Contract drawings and itemize all deviations in the letter of transmittal. Likewise, whenever a

submittal does not deviate from the Plans, clearly state so in the submittal. 39FY 2023-24Return to Table of Contents

Schedule the submission of shop drawings to allow for a

45 calendar day review period for all submittals associated with a category 2 bridge; tolling

components identified in the current FDOT General Tolling Requirements (GTR) Part 3; and the

tolling-related signing, DMS and ITS infrastructure. Schedule the submission of shop drawings

to allow for a 25 calendar day review period for all other items. The review period commences

upon the Engineer’s receipt of the valid submittal or valid re-submittal and terminates upon the

transmittal of the submittal back to the Contractor. A valid submittal includes all the minimum

requirements outlined in 5-1.4.4.

Submit shop drawings to facilitate expeditious review. The

Contractor is discouraged from transmitting voluminous submittals of shop drawings at one time.

For submittals transmitted in this manner, allow for the additional review time that may result.

Only shop drawings distributed with the approval stamps are valid

and all work that the Contractor performs in advance of approval will be at the Contractor’s risk.

Work affecting Public Safety may not be performed prior to approval of appropriate submittals

and work may not proceed at the Contractor’s risk.

5-1.4.6.2 Scope of Review by Engineer of Record: The Engineer of

Record’s review of the shop drawings is for conformity to the requirements of the Contract

Documents and to the intent of the design. The Engineer of Record’s review of shop drawings

which include means, methods, techniques, sequences, and construction procedures are limited

to the effects on the permanent works. The Engineer of Record’s review of submittals which

include means, methods, techniques, sequences, and construction procedures does not include an

in-depth check for the ability to perform the work in a safe or efficient manner.

5-1.4.6.3 Special Review by Engineer of Shop Drawings for

Construction Affecting Public Safety: The Engineer may request copies of shop drawings

related to Construction Affecting Public Safety for review and comment. When shop drawings

are requested, do not proceed with construction of the permanent works until receiving the

Engineer’s written approval.

5-1.4.7 Other Requirements for Shop Drawings for Bridges:

5-1.4.7.1 Shop Drawings for Structural Steel and Miscellaneous

Metals: Submit shop drawings for structural steel and miscellaneous metals. Shop drawings

shall consist of shop and erection drawings, welding procedures, and other working plans,

showing details, dimensions, sizes of material, and other information necessary for the complete

fabrication and erection of the metal work.

5-1.4.7.2 Shop Drawings for Concrete Structures: Submit shop

drawings for concrete components that are not cast-in-place and are not otherwise exempted

from submittal requirements. Also, submit shop drawings for all details that are required for the

effective execution of the concrete work and are not included in the Contract Documents such as:

special erection equipment, masonry layout diagrams, and diagrams for bending reinforcing

steel, in addition to any details required for concrete components for the permanent work.

5-1.4.7.3 Shop Drawings for Major and Unusual Structures: In

addition to any other requirements, within 60 days from the Notice to Proceed, submit

information to the Engineer outlining the integration of the Major and Unusual Structure into the

overall approach to the project. Where applicable to the project, include, but do not limit this

information to: 40FY 2023-24Return to Table of Contents

Contract. Clearly show the Milestone dates. (For example, the need to open a structure by a

certain time for traffic operations.)

individual structures are to be built, the sequence in which individual spans of girders or

cantilevers are erected, and the sequence in which spans are to be made continuous, and the order

that components are to be installed (such as mechanical and electrical devices in moveable

bridges).

that might impose restraints or otherwise affect the construction, and an outline of how to deal

with such obstacles while building the structure(s). (For example, obstacles might include road,

rail and waterway clearances, temporary diversions, transmission lines, utilities, property, and

the Contractor’s own temporary works, such as haul roads, cofferdams, plant clearances and the

like.)

relation to the structure, including clearances required for the operation of the equipment. (For

example, crane positions, operating radii and the like.)

conceptual outline of any special erection equipment. Provide the precise locations and details of

attachments, fixing devices, loads, etc. in later detailed submittals.

fabricated components, such as girders or concrete segments. Provide the precise details in later

detailed submittals.

intended approach.

Clearly and concisely present the above information on as few drawings as

possible in order to provide an overall, integrated summary of the intended approach to the

project. The Department will use these drawings for information, review planning, and to assess

the Contractor’s approach in relation to the intent of the original design. Submittal to and receipt

by the Engineer does not constitute any Department acceptance or approval of the proposals

shown thereon. Include the details of such proposals on subsequent detailed shop drawing

submittals. Submit timely revisions and re-submittals for all variations from these overall scheme

proposals.

5-1.4.8 Cost of Shop Drawings: Include the cost of shop drawings submittal in

the Contract prices for the work requiring the shop drawings. The Department will not pay the

Contractor additional compensation for such drawings.

5-1.5Certifications:

5-1.5.1 Special Erection Equipment: Prior to its use, ensure that the Specialty

Engineer personally inspects the special erection equipment and submits a written certification to

the Engineer that the equipment has been fabricated in accordance with the submitted drawings

and calculations. In addition, after assembly, ensure that the Specialty Engineer observes the

equipment in use and submits a written certification to the Engineer that such equipment is being

used as intended and in accordance with the submitted drawings and calculations. In each case,

the Specialty Engineer must sign and seal the letter of certification.

5-1.5.2 Falsework and Shoring Requiring Shop Drawings: After its erection or

installation but prior to the application of any superimposed load, ensure that a Specialty 41FY 2023-24Return to Table of Contents

Engineer or a designee inspects the falsework and certifies to the Engineer in writing that the

falsework has been constructed in accordance with the materials and details shown on the

submitted drawings and calculations. The letter of certification must be signed and sealed by the

Specialty Engineer. Where so directed in the shop drawings, ensure all welds are performed by

welders qualified under AWS D1.5 for the type of weld being performed.

5-1.5.3 Temporary Formwork: For Construction Affecting Public Safety and

for Major and Unusual Structures, prior to the placement of any concrete, ensure that a Specialty

Engineer or a designee inspects the formwork and submits a written certification to the Engineer

that the formwork has been constructed to safely withstand the superimposed loads to which it

will be subjected. The Specialty Engineer must sign and seal the letter of certification.

5-1.5.4 Erection: For Construction Affecting Public Safety, submit an erection

plan signed and sealed by the Specialty Engineer to the Engineer at least four weeks prior to

erection commencing. Include, as part of this submittal, signed and sealed calculations and

details for any falsework, bracing or other connection supporting the structural elements shown

in the erection plan. Unless otherwise specified in the Plans, erection plans are not required for

simple span precast prestressed concrete girder bridges with spans of 170 feet or less.

At least two weeks prior to beginning erection, conduct a Pre-erection

meeting to review details of the plan with the Specialty Engineer that signed and sealed the plan,

and any Specialty Engineers that may inspect the work and the Engineer.

After erection of the elements, but prior to opening of the facility below

the structure, ensure that a Specialty Engineer or a designee has inspected the erected member.

Ensure that the Specialty Engineer has submitted a written certification to the Engineer that the

structure has been erected in accordance with the signed and sealed erection plan.

For structures without temporary supports but with temporary girder

bracing systems, perform, as a minimum, weekly inspections of the bracing until all the

diaphragms and cross frames are in place. For structures with temporary supports, perform daily

inspections until the temporary supports are no longer needed as indicated in the erection plans.

Submit written documentation of the inspections to the Engineer within 24 hours of the

inspection.

5-1.6Request for Correction: For work that the Contractor constructs incorrectly or

does not meet the requirements of the Contract Documents, the Contractor has the prerogative to

submit an acceptance proposal to the Engineer for review and disposition. The acceptance

proposal shall describe the error or defect and either describe remedial action for its correction or

propose a method for its acceptance. In either case, the acceptance proposal shall address

structural integrity, aesthetics, maintainability, and the effect on Contract Time. The Department

will judge any such proposal for its effect on these criteria and for its effect on Contract

Administration.

When the Engineer judges that a proposal infringes on the structural integrity or

maintainability of the structure, the Contractor’s Engineer of Record will perform a technical

assessment and submit it to the Engineer for approval. Do not take any corrective action without

the Engineer’s written approval.

Carry out all approved corrective construction measures at no expense to the

Department.

Notwithstanding any disposition of the compensation aspects of the defective

work, the Engineer’s decision on the technical merits of a proposal is final. 42FY 2023-24Return to Table of Contents

5-1.7Request for Information: Submit Requests for Information in writing to the

Engineer to request clarification where a provision, detail or drawing in the Contract Documents

seems to have more than one meaning, have an unclear meaning, or have conflicts between Plans

and Specifications. A Request for Information is not considered a Notice of Claim. Notices of

Claim must be submitted in accordance with 5-12.2.

5-1.8Request for Modification: Where the Engineer allows the Contractor to make

modifications to the permanent works for the purposes of expediting the Contractor’s chosen

construction methods, the Contractor shall submit proposals to the Engineer for review and

approval prior to modifying the works. Submit proposals for minor modifications under the shop

drawing process. Indicate on all drawings the deviations from the Contract Documents and

itemize all deviations in the letter of transmittal. Major modifications must be submitted as a

Cost Savings Initiative Proposal.

Minor modifications are those items that, in the opinion of the Engineer, do not

significantly affect the quantity of measured work, or the integrity or maintainability of the

structure or its components.

The Engineer’s decision on the delineation between a minor and a major

modification and the disposition of a proposal is final.

5-2Coordination of Contract Documents

These Specifications, the Plans, Special Provisions, and all supplementary documents are

integral parts of the Contract; a requirement occurring in one is as binding as though occurring in

all. All parts of the Contract are complementary and describe and provide for a complete work.

In addition to the work and materials specified in the Specifications as being included in any

specific pay item, include in such pay items additional, incidental work, not specifically

mentioned, when so shown in the Plans, or if indicated, or obvious and apparent, as being

necessary for the proper completion of the work under such pay item and not stipulated as being

covered under other pay items.

In cases of discrepancy, the governing order of the documents is as follows:

Computed dimensions govern over scaled dimensions.

5-3Conformity of Work with Contract Documents

Perform all work and furnish all materials in reasonably close conformity with the lines,

grades, models, dimensions, and material requirements, including tolerances, as specified in the

Contract Documents.

In the event that the Engineer finds that the Contractor has used material or produced a

finished product that is not in reasonably close conformity with the Contract Documents, but that

the Contractor has produced reasonably acceptable work, the Engineer will determine if the

Department will accept the work in place. In this event, the Engineer will document the basis of

acceptance by Contract modification, which provides for an appropriate reduction in the Contract 43FY 2023-24Return to Table of Contents

price for such work or materials included in the accepted work as deemed necessary to conform

to the determination based on engineering judgment.

In the event that the Engineer finds that the Contractor has used material or produced a

finished product that is not in reasonably close conformity with the Contract Documents, and

that the Contractor has produced an inferior or unsatisfactory product, the Contractor shall

remove and replace or otherwise correct the work or materials at no expense to the Department.

For base and surface courses, the Department will allow the finished grade to vary as

much as 0.1 foot from the grade shown in the Plans, provided that the Contractor’s work meets

all templates and straightedge requirements and contains suitable transitions.

5-4Errors or Omissions in Contract Documents

Do not take advantage of any apparent error or omission discovered in the Contract

Documents, but immediately notify the Engineer in writing of such discovery. The Engineer will

then make such corrections and interpretations as necessary to reflect the actual spirit and intent

of the Contract Documents.

5-5Authority of the Engineer

Perform all work to the satisfaction of the Engineer.

The Director, Office of Construction will decide all questions, difficulties, and disputes,

of whatever nature, that may arise relative to the interpretation of the Plans, construction,

prosecution, and fulfillment of the Contract, and as to the character, quality, amount, and value

of any work done, and materials furnished, under or by reason of the Contract.

5-6Authority and Duties of Engineer’s Assistants

The Director, Office of Construction may appoint such assistants and representatives as

desired. These assistants and representatives are authorized to inspect all work done and all

materials furnished. Such inspection may extend to all or any part of the work and to the

manufacture, preparation, or fabrication of the materials to be used. Such assistants and

representatives are not authorized to revoke, alter, or waive any requirement of these

Specifications. Rather, they are authorized to call to the attention of the Contractor any failure of

the work or materials to meet the Contract Documents, and have the authority to reject materials

or suspend the work until any questions at issue can be referred to and decided by the Engineer.

The Engineer will immediately submit written notification to the Contractor of any such

suspension of the work, stating in detail the reasons for the suspension. The presence of the

inspector or other assistant in no way lessens the responsibility of the Contractor.

5-7Engineering and Layout

5-7.1Control Points Furnished by the Department: The Engineer will provide

centerline control points (Begin Project, End Project, PIs, PTs, etc.) and benchmarks at

appropriate intervals along the line of the project to facilitate the proper layout of the work.

Normally, the Engineer will furnish only one benchmark for water crossings. Preserve all

reference points and benchmarks that the Department furnishes.

As an exception to the above, for projects where the Plans do not show a

centerline or other survey control line for construction of the work (e.g., resurfacing, safety

modifications, etc.) the Engineer will provide only points marking the beginning and ending of

the project, and all exceptions. 44FY 2023-24Return to Table of Contents

5-7.2Furnishing of Stake Materials: Furnish all stakes, templates, and other materials

necessary for establishing and maintaining the lines and grades necessary for control and

construction of the work.

5-7.3Layout of Work: Utilizing the control points furnished by the Department in

accordance with 5-7.1, establish all horizontal and vertical controls necessary to construct the

work in conformity to the Contract Documents. Perform all calculations required, and set all

stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other

reference marks or points necessary to provide lines and grades for construction of all roadway,

bridge, and miscellaneous items.

When performing utility construction as part of the project, establish all horizontal

and vertical controls necessary to carry out such work.

5-7.4Specific Staking Requirements: When performing new base construction as part

of the project, set stakes to establish lines and grades for subgrade, base, curb, and related items

at intervals along the line of the work. If Automated Machine Guidance is utilized, set stakes as

needed. If Automated Machine Guidance is not utilized, set stakes no greater than 50 feet on

tangents and 25 feet on curves. Set grade stakes at locations that the Engineer directs to facilitate

checking of subgrade, base, and pavement elevations in crossovers, intersections, and irregular

shaped areas.

For bridge construction stakes and other control, set references at sufficiently

frequent intervals to ensure construction of all components of a structure in accordance with the

lines and grades shown in the Plans.

For projects where the Plans do not show a centerline or other survey control line

for construction of the work (resurfacing, safety modifications, etc.), provide only such stakes as

necessary for horizontal and vertical control of work items.

For resurfacing and resurfacing-widening type projects, establish horizontal

controls adequate to ensure that the asphalt mix added matches with the existing pavement. In

tangent sections, set horizontal control points at 100-foot intervals by an instrument survey. In

curve sections, set horizontal control points at 25-foot intervals by locating and referencing the

centerline of the existing pavement.

Establish by an instrument survey, and mark on the surface of the finished

pavement at 25-foot intervals, the points necessary for striping of the finished roadway. As an

exception, for resurfacing and resurfacing/widening projects, establish these points in the same

manner as used for horizontal control of paving operations. Mark the pavement with white paint.

If performing striping, the Engineer may approve an alternate method for layout of striping

provided that the Contractor achieves an alignment equal to or better than the alignment that

would be achieved using an instrument survey.

For projects that include temporary or permanent striping of “no passing zones”,

provide the location and length of these zones as shown in the Plans, except projects where the

vertical or horizontal alignment is new or altered from preconstruction alignment. For projects

that consist of new or altered vertical or horizontal alignment, the Department will provide the

location and length of the "no passing zones" during construction. For these projects, submit

written notification to the Engineer not less than 21 calendar days prior to beginning striping.

For all projects, set a station identification stake at each right-of-way line at 100-

foot intervals and at all locations where a change in right-of-way width occurs. Mark each of

these stakes with painted numerals, of a size readable from the roadway, corresponding to the

project station at which it is located. As an exception to the above, for projects where Plans do 45FY 2023-24Return to Table of Contents

not show right-of-way lines, set station identification stakes at locations and intervals appropriate

to the type of work being done. For resurfacing and resurfacing/widening projects, set station

identification stakes at 200-foot intervals.

5-7.5Personnel, Equipment, and Record Requirements: Employ only competent

personnel and use only suitable equipment in performing layout work. Do not engage the

services of any person or persons in the employ of the Department for performance of layout

work.

Keep adequate field notes and records while performing as layout work. Make

these field notes and records available for the Engineer’s review as the work progresses, and

submit to the Engineer at the time of completion of the project. The Engineer’s inspection,

checking, or acceptance of the Contractor’s field notes or layout work does not relieve the

Contractor of his responsibility to achieve the lines, grades, and dimensions shown in the

Contract Documents.

Prior to final acceptance of the project, mark, in a permanent manner on the

surface of the completed work, all horizontal control points originally furnished by the

Department.

5-7.6Global Navigation Satellite Systems (GNSS) Work Plan: If used, submit a

comprehensive written GNSS Work Plan to the Engineer for Department review and acceptance

at the preconstruction conference or at least 30 days before starting work using GNSS. Update

the plan as necessary during construction and notify the Department of all changes. The GNSS

Work Plan shall describe how GNSS enabled Automated Machine Guidance technology will be

integrated into other technologies employed on the project. At a minimum, the GNSS Work Plan

will include the following:

enabled Automated Machine Guidance and which portions will be constructed using

conventional survey methodology.

equipment.

formal training and field experience. Designate a single staff person as the primary contact for

GNSS technology issues.

showing control points enveloping the site.

used for site calibration and control points used to validate the site calibration. Describe the

frequency of site calibration and how site calibration will be documented. At a minimum, verify

the site calibration twice daily.

mechanical calibration and maintenance of construction and guidance equipment. Include the

frequency and type of verification performed to ensure the constructed grades conform to the

Contract Documents.

Keep on site and provide upon request, a copy of the project’s most up to date

GNSS Work Plan at the project site.

5-7.7Payment: Include the cost of performing layout work as described above in the

Contract unit prices for the various items of work that require layout. 46FY 2023-24Return to Table of Contents

5-8Contractor’s Supervision

5-8.1Prosecution of Work: Give the work the constant attention necessary to ensure the

scheduled progress, and cooperate fully with the Engineer and with other contractors at work in

the vicinity.

5-8.2Contractor’s Superintendent: Maintain a competent superintendent at the site at

all times while work is in progress to act as the Contractor’s agent. Provide a superintendent who

is a competent superintendent capable of properly interpreting the Contract Documents and is

thoroughly experienced in the type of work being performed. Provide a superintendent with the

full authority to receive instructions from the Engineer and to execute the orders or directions of

the Engineer, including promptly supplying any materials, tools, equipment, labor, and

incidentals that may be required. Provide such superintendence regardless of the amount of work

sublet.

Provide a superintendent who speaks and understands English, and maintain at

least one other responsible person who speaks and understands English, on the project during all

working hours.

5-8.3Supervision for Emergencies: Provide a responsible person, who speaks and

understands English, and who is available at or reasonably near the worksite on a 24-hour basis,

seven days a week. Designate this person as the point of contact for emergencies and in cases

that require immediate action to maintain traffic or to resolve any other problem that might arise.

Submit the phone numbers and names of personnel designated to be contacted in cases of

emergencies, along with a description of the project location, to the Florida Highway Patrol and

all other local law enforcement agencies.

5-9General Inspection Requirements

5-9.1Cooperation by Contractor: Do not perform work or furnish materials without

obtaining inspection by the Engineer. Provide the Engineer with safe means of access to the

work, so the Engineer can determine whether the work performed and materials used are in

accordance with the requirements and intent of the Contract Documents. For bridge projects with

construction operations accessible only by watercraft, provide safe passage and transport to

facilitate the Engineer’s inspection of the Work. If the Engineer so requests at any time before

final acceptance of the work, remove or uncover such portions of the finished work as directed.

After examination, restore the uncovered portions of the work to the standard required by the

Contract Documents. If the Engineer determines that the work so exposed or examined is

unacceptable, perform the uncovering or removal, and the replacing of the covering or making

good of the parts removed, at no expense to the Department. However, if the Engineer

determines that the work thus exposed or examined is acceptable, the Department will pay for

the uncovering or removing, and the replacing of the covering or making good of the parts

removed in accordance with Section 4-4.

5-9.2Failure of Engineer to Reject Work During Construction: If, during or prior to

construction operations, the Engineer fails to reject defective work or materials, whether from

lack of discovery of such defect or for any other reason, such initial failure to reject in no way

prevents the later rejection when such defect is discovered, or obligates the Department to final

acceptance. The Department is not responsible for losses suffered due to any necessary removals

or repairs of such defects.

5-9.3Failure to Remove and Renew Defective Materials and Work: If the Contractor

fails or refuses to remove and renew any defective materials used or work performed, or to make

any necessary repairs in an acceptable manner and in accordance with the requirements of the 47FY 2023-24Return to Table of Contents

Contract within the time indicated in writing, the Engineer has the authority to repair, remove, or

renew the unacceptable or defective materials or work as necessary, all at the Contractor’s

expense. The Department will obtain payment for any expense it incurs in making these repairs,

removals, or renewals, that the Contractor fails or refuses to make, by deducting such expenses

from any moneys due or which may become due the Contractor, or by charging such amounts

against the Contract bond.

5-9.4Inspection by Federal Government: When the United States Government pays a

portion of the cost of construction, its representatives may inspect the construction work as they

deem necessary. However, such inspection will in no way make the Federal Government a party

to the Contract.

5-10Final Inspection

5-10.1Maintenance until Acceptance: Maintain all Work until the Engineer has given

final acceptance in accordance with 5-11.

5-10.2Inspection for Acceptance: Upon submittal of written notification that all

Contract Work, or all Contract Work on the portion of the Contract scheduled for acceptance,

has been completed, the Engineer will make an inspection for acceptance. The inspection will be

made within seven days of such notification. If the Engineer finds that all work has been

satisfactorily completed, the Department will consider such inspection as the final inspection. If

any or all of the Work is found to be unsatisfactory, the Engineer will detail the remedial work

required to achieve acceptance. Immediately perform such remedial work. Subsequent

inspections will be made on the remedial work until the Engineer accepts all Work.

Upon satisfactory completion of the Work, the Department will submit written

notice of acceptance, either partial or final, to the Contractor.

Until final acceptance in accordance with 5-11, replace or repair any damage to

the accepted Work. Payment of such work will be as provided in 7-14.

5-10.3Partial Acceptance: At the Engineer’s sole discretion, the Engineer may accept

any portion of the Work under the provisions of 5-10.2.

5-10.4Conditional Acceptance: The Engineer will not make, or consider requests for

conditional acceptance of a project.

5-11Final Acceptance

When, upon completion of the final construction inspection of the entire project, the

Engineer determines that the Contractor has satisfactorily completed the work, the Engineer will

submit written notice of final acceptance to the Contractor.

5-12Claims by Contractor

5-12.1General: When the Contractor deems that extra compensation or a time extension

is due beyond that agreed to by the Engineer, whether due to delay, additional work, altered

work, differing site conditions, breach of Contract, or for any other cause, the Contractor shall

follow the procedures set forth herein for preservation, presentation and resolution of the claim.

Submission of timely notice of intent to file a claim, preliminary time extension

request, time extension request, and the certified written claim, together with full and complete

claim documentation, are each a condition precedent to the Contractor bringing any circuit court,

arbitration, or other formal claims resolution proceeding against the Department for the items

and for the sums or time set forth in the Contractor’s certified written claim. The failure to

provide such notice of intent, preliminary time extension request, time extension request, 48FY 2023-24Return to Table of Contents

certified written claim and full and complete claim documentation within the time required shall

constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to

additional compensation or a time extension for such claim.

5-12.2Notice of Claim:

5-12.2.1 Claims For Extra Work: Where the Contractor deems that additional

compensation or a time extension is due for work or materials not expressly provided for in the

Contract or which is by written directive expressly ordered by the Engineer pursuant to 4-3, the

Contractor shall submit written notification to the Engineer of the intention to make a claim for

additional compensation before beginning the work on which the claim is based, and if seeking a

time extension, the Contractor shall also submit a preliminary request for time extension

pursuant to 8-7.3.2 within ten calendar days after commencement of a delay and a request for

Contract Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of

the delay. If such written notification is not submitted and the Engineer is not afforded the

opportunity for keeping strict account of actual labor, material, equipment, and time, the

Contractor waives the claim for additional compensation or a time extension. Such notice by the

Contractor, and the fact that the Engineer has kept account of the labor, materials and equipment,

and time, shall not in any way be construed as establishing the validity of the claim or method

for computing any compensation or time extension for such claim. On projects with an original

Contract amount of $3,000,000 or less within 90 calendar days after final acceptance of the

project in accordance with 5-11, and on projects with an original Contract amount greater than

$3,000,000 within 180 calendar days after final acceptance of the project in accordance with

5-11, the Contractor shall submit full and complete claim documentation as described in 5-12.3

and duly certified pursuant to 5-12.9. However, for any claim or part of a claim that pertains

solely to final estimate quantities disputes the Contractor shall submit full and complete claim

documentation as described in 5-12.3 and duly certified pursuant to 5-12.9, as to such final

estimate claim dispute issues, within 90 or 180 calendar days, respectively, of the Contractor’s

receipt of the Department’s final estimate.

If the Contractor fails to submit a certificate of claim as described in

5-12.9, the Department will so notify the Contractor in writing. The Contractor shall have ten

calendar days from receipt of the notice to resubmit the claim documentation, without change,

with a certificate of claim as described in 5-12.9, without regard to whether the resubmission is

within the applicable 90 or 180 calendar day deadline for submission of full and complete claim

documentation. Failure by the Contractor to comply with the ten-calendar day notice shall

constitute a waiver of the claim.

5-12.2.2 Claims For Delay: Where the Contractor deems that additional

compensation or a time extension is due on account of delay, differing site conditions, breach of

Contract, or any other cause other than for work or materials not expressly provided for in the

Contract (Extra Work) or which is by written directive of the Engineer expressly ordered by the

Engineer pursuant to 4-3, the Contractor shall submit a written notice of intent to the Engineer

within ten days after commencement of a delay to a controlling work item expressly notifying

the Engineer that the Contractor intends to seek additional compensation, and if seeking a time

extension, the Contractor shall also submit a preliminary request for time extension pursuant to

8-7.3.2 within ten calendar days after commencement of a delay to a controlling work item, as to

such delay and providing a reasonably complete description as to the cause and nature of the

delay and the possible impacts to the Contractor’s work by such delay, and a request for Contract

Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of the delay. 49FY 2023-24Return to Table of Contents

On projects with an original Contract amount of $3,000,000 or less within 90 calendar days after

final acceptance of the project in accordance with 5-11, and on projects with an original Contract

amount greater than $3,000,000 within 180 calendar days after final acceptance of the project in

accordance with 5-11, the Contractor shall submit full and complete documentation as described

in 5-12.3 and duly certified pursuant to 5-12.9.

If the Contractor fails to submit a certificate of claim as described in

5-12.9, the Department will so notify the Contractor in writing. The Contractor shall have ten

calendar days from receipt of the notice to resubmit the claim documentation, without change,

with a certificate of claim as described in 5-12.9, without regard to whether the resubmission is

within the applicable 90 or 180 calendar day deadline for submission of full and complete claim

documentation. Failure by the Contractor to comply with the ten-calendar day notice shall

constitute a waiver of the claim.

There shall be no Contractor entitlement to any monetary compensation or

time extension for any delays or delay impacts, whatsoever, that are not to a controlling work

item, and then as to any such delay to a controlling work item entitlement to any monetary

compensation or time extension shall only be to the extent such is otherwise provided for

expressly under 4-3 or 5-12, except that in the instance of delay to a non-controlling item of

work the Contractor may be compensated for the direct costs of idle labor or equipment only, at

the rates set forth in 4-3.2.1(1) and (3), and then only to the extent the Contractor could not

reasonably mitigate such idleness.

If the Contractor provides the written notice of intent, the preliminary

request for time extension, and the request for Contract Time extension in compliance with the

aforementioned time and content requirements, the Contractor's claim for delay to a controlling

work item will be evaluated as of the date of the elimination of the delay even if the Contractor's

performance subsequently overcomes the delay. If the claim for delay has not been settled, the

Contractor must also comply with 5-12.3 and 5-12.9 to preserve the claim.

5-12.3Content of Written Claim: As a condition precedent to the Contractor being

entitled to additional compensation or a time extension under the Contract, for any claim, the

Contractor shall submit a certified written claim to the Department which will include for each

individual claim, at a minimum, the following information:

locations, and items of work affected and included in each claim;

resulting in the claim became evident;

communications relating to such claim and the name of the persons making such material oral

communications;

statement of the reasons why such provisions support the claim, or alternatively, the provisions

of the Contract which allegedly have been breached and the actions constituting such breach;

breakdown of the amount sought as follows:

equipment and the rental rate claimed for each; 50FY 2023-24Return to Table of Contents

support thereof;

support thereof.

days sought for a time extension, the basis for entitlement to time for each day, all

documentation of the delay, and a breakout of the number of days claimed for each identified

event, circumstance or occurrence.

Further, the Contractor shall be prohibited from amending either the bases of

entitlement or the amount of any compensation or time stated for any and all issues claimed in

the Contractor’s written claim submitted hereunder, and any circuit court, arbitration, or other

formal claims resolution proceeding shall be limited solely to the bases of entitlement and the

amount of any compensation or time stated for any and all issues claimed in the Contractor’s

written claim submitted hereunder. This shall not, however, preclude a Contractor from

withdrawing or reducing any of the bases of entitlement and the amount of any compensation or

time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder

at any time.

5-12.4Action on Claim: The Engineer will respond in writing on projects with an

original Contract amount of $3,000,000 or less within 90 calendar days of receipt of a complete

claim submitted by a Contractor in compliance with 5-12.3, and on projects with an original

Contract amount greater than $3,000,000 within 120 calendar days of receipt of a complete claim

submitted by a Contractor in compliance with 5-12.3. Failure by the Engineer to respond to a

claim in writing within 90 or 120 days, respectively, after receipt of a complete claim submitted

by the Contractor in compliance with 5-12.3 constitutes a denial of the claim by the Engineer. If

the Engineer finds the claim or any part thereof to be valid, such partial or whole claim will be

allowed and paid for to the extent deemed valid and any time extension granted, if applicable, as

provided in the Contract. No circuit court or arbitration proceedings on any claim, or a part

thereof, may be filed until after final acceptance per 5-11 of all Contract work by the Department

or denial hereunder, whichever occurs last.

5-12.5Pre-Settlement and Pre-Judgment Interest: Entitlement to any pre-settlement

or pre-judgment interest on any claim amount determined to be valid subsequent to the

Department’s receipt of a certified written claim in full compliance with 5-12.3, whether

determined by a settlement or a final ruling in formal proceedings, the Department shall pay to

the Contractor simple interest calculated at the Prime Rate (as reported by the Wall Street

Journal as the base rate on corporate loans posted by at least 75% of the nation’s 30 largest

banks) as of the 60th calendar day following the Department’s receipt of a certified written claim

in full compliance with 5-12.3, such interest to accrue beginning 60 calendar days following the

Department’s receipt of a certified written claim in full compliance with 5-12.3 and ending on

the date of final settlement or formal ruling.

5-12.6Compensation for Extra Work or Delay:

5-12.6.1 Compensation for Extra Work: Notwithstanding anything to the

contrary contained in the Contract Documents, the Contractor shall not be entitled to any

compensation beyond that provided for in 4-3.2.

5-12.6.2 Compensation for Delay: Notwithstanding anything to the contrary

contained in the Contract Documents, the additional compensation set forth in 5-12.6.2.1 shall be

the Contractor’s sole monetary remedy for any delay other than to perform extra work caused by 51FY 2023-24Return to Table of Contents

the Department unless the delay shall have been caused by acts constituting willful or intentional

interference by the Department with the Contractor’s performance of the work and then only

where such acts continue after Contractor’s written notice to the Department of such

interference. The parties anticipate that delays may be caused by or arise from any number of

events during the term of the Contract, including, but not limited to, work performed, work

deleted, supplemental agreements, work orders, disruptions, differing site conditions, utility

conflicts, design changes or defects, time extensions, extra work, right-of-way issues, permitting

issues, actions of suppliers, subcontractors or other contractors, actions by third parties,

suspensions of work by the Engineer pursuant to 8-6.1, shop drawing approval process delays,

expansion of the physical limits of the project to make it functional, weather, weekends,

holidays, special events, suspension of Contract Time, or other events, forces or factors

sometimes experienced in construction work. Such delays or events and their potential impacts

on the performance by the Contractor are specifically contemplated and acknowledged by the

parties in entering into this Contract, and shall not be deemed to constitute willful or intentional

interference with the Contractor’s performance of the work without clear and convincing proof

that they were the result of a deliberate act, without reasonable and good-faith basis, and

specifically intended to disrupt the Contractor’s performance.

5-12.6.2.1 Compensation for Direct Costs, Indirect Costs, Expenses,

and Profit thereon, of or from Delay: For any delay claim, the Contractor shall be entitled to

monetary compensation for the actual idle labor (including supervisory personnel) and

equipment, and indirect costs, expenses, and profit thereon, as provided for in 4-3.2.1(4) and

solely for costs incurred beyond what reasonable mitigation thereof the Contractor could have

undertaken.

5-12.7Mandatory Claim Records: After submitting to the Engineer a notice of intent to

file a claim for extra work or delay, the Contractor must keep daily records of all labor, material

and equipment costs incurred for operations affected by the extra work or delay. These daily

records must identify each operation affected by the extra work or delay and the specific

locations where work is affected by the extra work or delay, as nearly as possible. The Engineer

may also keep records of all labor, material and equipment used on the operations affected by the

extra work or delay. The Contractor shall, once a notice of intent to claim has been timely filed,

and not less than weekly thereafter as long as appropriate, submit the Contractor’s daily records

to the Engineer and be likewise entitled to receive the Department’s daily records. The daily

records to be submitted hereunder shall be done at no cost to the recipient.

5-12.8Claims for Acceleration: The Department shall have no liability for any

constructive acceleration of the work, nor shall the Contractor have any right to make any claim

for constructive acceleration nor include the same as an element of any claim the Contractor may

otherwise submit under this Contract. If the Engineer gives express written direction for the

Contractor to accelerate its efforts, such written direction will set forth the prices and other

pertinent information and will be reduced to a written Contract Document promptly. No payment

will be made on a Supplemental Agreement for acceleration prior to the Department’s approval

of the documents.

5-12.9Certificate of Claim: When submitting any claim, the Contractor shall certify

under oath and in writing, in accordance with the formalities required by Florida law, that the

claim is made in good faith, that the supportive data are accurate and complete to the

Contractor’s best knowledge and belief, and that the amount of the claim accurately reflects what 52FY 2023-24Return to Table of Contents

the Contractor in good faith believes to be the Department’s liability. Such certification must be

made by an officer or director of the Contractor with the authority to bind the Contractor.

5-12.10Non-Recoverable Items: The parties agree that for any claim the Department

will not have liability for the following items of damages or expense:

loss of bidding opportunities, loss of credit standing, cost of financing, interest paid, loss of other

work or insolvency;

and specifically directed the Contractor in writing “to accelerate at the Department’s expense”;

nor

5-12.11Exclusive Remedies: Notwithstanding any other provision of this Contract, the

parties agree that the Department shall have no liability to the Contractor for expenses, costs, or

items of damages other than those which are specifically identified as payable under 5-12. In the

event any legal action for additional compensation, whether on account of delay, acceleration,

breach of contract, or otherwise, the Contractor agrees that the Department’s liability will be

limited to those items which are specifically identified as payable in 5-12.

5-12.12Settlement Discussions: The content of any discussions or meetings held

between the Department and the Contractor to settle or resolve any claims submitted by the

Contractor against the Department shall be inadmissible in any legal, equitable, arbitration or

administrative proceedings brought by the Contractor against the Department for payment of

such claim. Dispute Resolution Board, State Arbitration Board and Claim Review Committee

proceedings are not settlement discussions, for purposes of this provision.

5-12.13Personal Liability of Public Officials: In carrying out any of the provisions of

the Contract or in exercising any power or authority granted to the Secretary of Transportation,

Engineer or any of their respective employees or agents, there shall be no liability on behalf of

any employee, officer or official of the Department for which such individual is responsible,

either personally or as officials or representatives of the Department. It is understood that in all

such matters such individuals act solely as agents and representatives of the Department.

5-12.14Auditing of Claims: All claims filed against the Department shall be subject to

audit at any time following the filing of the claim, whether or not such claim is part of a suit

pending in the Courts of this State. The audit may be performed, at the Department’s sole

discretion, by employees of the Department or by any independent auditor appointed by the

Department, or both. The audit may begin after ten days written notice to the Contractor,

subcontractor, or supplier. The Contractor, subcontractor, or supplier shall make a good faith

effort to cooperate with the auditors. As a condition precedent to recovery on any claim, the

Contractor, subcontractor, or supplier must retain sufficient records, and provide full and

reasonable access to such records, to allow the Department’s auditors to verify the claim and

failure to retain sufficient records of the claim or failure to provide full and reasonable access to

such records shall constitute a waiver of that portion of such claim that cannot be verified and

shall bar recovery thereunder. Further, and in addition to such audit access, upon the Contractor

submitting a written claim, the Department shall have the right to request and receive, and the

Contractor shall have the affirmative obligation to submit to the Department any and all

documents in the possession of the Contractor or its subcontractors, materialmen or suppliers as 53FY 2023-24Return to Table of Contents

may be deemed relevant by the Department in its review of the basis, validity or value of the

Contractor’s claim.

Without limiting the generality of the foregoing, the Contractor shall upon written

request of the Department make available to the Department’s auditors, or upon the

Department’s written request, submit at the Department’s expense, any or all of the following

documents:

acquisition contracts;

used);

journals together with all supporting documentation pertinent to entries made in these ledgers

and journals;

project;

project;

overhead during the years this Contract was being performed and for each of the five years prior

to the commencement of this Contract;

including the final calculations on which the bid was based;

documents which support the amount of damages as to each claim;

for items of the claim including, but not limited to, labor, benefits and insurance, materials,

equipment, subcontractors, and all documents that establish which time periods and individuals

were involved, and the hours and rates for such individuals.

5-13Recovery Rights, Subsequent to Final Payment

The Department reserves the right, if it discovers an error in the partial or final estimates,

or if it discovers that the Contractor performed defective work or used defective materials, after

the final payment has been made, to claim and recover from the Contractor or his surety, or both,

by process of law, such sums as may be sufficient to correct the error or make good the defects in

the work and materials. 54FY 2023-24Return to Table of Contents SECTION 6 CONTROL OF MATERIALS

6-1Acceptance Criteria

6-1.1General: Acceptance of materials is based on the following criteria. All

requirements may not apply to all materials. Use only materials in the work that meet the requirements of these Specifications. The Engineer may inspect and test any material, at points of production, distribution and use.

6-1.2Sampling and Testing: Use the Department’s current sample identification and

tracking system to provide related information and attach the information to each sample. Restore immediately any site from which material has been removed for sampling purposes to the pre-sampled condition with materials and construction methods used in the initial construction, at no additional cost to the Department. Ensure when a material is delivered to the location as described in the Contract Documents, there is enough material delivered to take samples, at no expense to the Department. 6-1.2.1 Pretest by Manufacturers: Submit certified manufacturer’s test results to the Engineer for qualification and use on Department projects. Testing will be as specified in the Contract Documents. The Department may require that manufacturers submit samples of materials for independent verification purposes. 6-1.2.2 Point of Production Test: Test the material during production as specified in the Contract Documents. 6-1.2.3 Point of Distribution Test: Test the material at Distribution facilities as specified in the Contract Documents. 6-1.2.4 Point of Use Test: Test the material immediately following placement as specified in the Specifications. After delivery to the project, the Department may require the retesting of materials that have been tested and accepted at the source of supply, or may require the testing of materials that are to be accepted by manufacturer certification. The Department may reject all materials t hat, when retested, do not meet the requirements of these Specifications.

6-1.3Certification:

6-1.3.1 Manufacturer Material Certification: Submit material certifications for all materials to the Engineer for approval when required by the S pecifications. Materials will not be considered for payment when not accompanied by a m aterial certification. Sample material certification forms are available on the Department’s website at the following URL: https://www.fdot.gov/materials/administration/resources/library/publications/certifications/sampl eforms.shtm . Ensure that the material certification follows the format of the sample form, is submitted on the manufacturer’s letterhead and is signed by a legally responsible person employed by the manufacturer. 6-1.3.1.1 Appro ved Product List: This list provides assurance to Contractors, consultants, designers, and Department personnel that specific products and materials are approved for use on Department facilities. The Department will limit the Contractor’s use of products a nd materials that require use of APL items to those listed on the APL effective at the time of placement. Where the terms Qualified Products List (QPL) appear in the Contract Documents, they will be synonymous with Approved Product List ( APL). 55 FY 2023-24 Return to Table of Contents