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General Provisions (1-99)

5CONTROL OF THE WORK

FL · 2024 Standard SpecificationsBook pages 4062View official source ↗

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 girders, columns, bracing, piles and foundations, and any proprietary equipment including modular shoring frames, post shores, and adjustable horizontal shoring.
6.Formwork: Any structure or mold used to retain plastic or fluid concrete 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 certificat ion by the Specialty Engineer for Construction Affecting Public Safety and for Major and Unusual Structures.
7.Major and Unusual Structures: Bridges of complex design. Generally, this includes the following types of structures:
a.Bridges with an i ndividual span longer than 300 feet.
b.Structurally continuous superstructures with spans over 150 feet.
c.Steel box and plate girder bridges.
d.Concrete or steel straddle piers and straddle pier caps.
e.Steel truss bridges including proprietary pedestrian steel truss spans not satisfying the Category 1 conditions of FDOT Design Manual 266.4 .
f.Concrete segmental, post -tensioned girder bridges and post - tensioned substructures.
g.Cable stayed, extradosed or suspension bridges.
h.Arch bridges.
i.Tunnels.
j.All movable bridges (including specifically structural, electrical and mechanical components).
k.Rehabilitation, widening, lengthening or jacking of any of the above structures.
8.Permanent Works: All the permanent structures and parts thereof required of the completed Contract.
9.QA/QC Shop Drawing Check Prints: The Engineer of Record is 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.
10.Scaffolding: An elevated work platform used to support workers, materials and equipment, but not intended to support the structure.
11.Shop Dr awings: A shop drawing is a drawing or set of drawings 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 tempor ary works as appropriate to the project. FY 2023-24 Return to Table of Contents
12.Shoring: A component of falsework such as horizontal, vertical or inclined support members. In this Section, this term is interchangeable with falsework.
13.Special Erection Equipment: Includes launching gantries, beam and 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.
14.Temporary Works: Any temporary construction work necessary for the 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

1.Include integration details of the post -tensioning system.
2.Does not include formwork complying with Standard Plans, Index 102 -600 (concrete placement is not permitted directly 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.
3.In lieu of a Specialty Engineer, originator may be a licensed Architect.
4.In lieu of the Design Engine er of Record, the reviewer may be the Design Architect of Record.

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 indica te 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 C ontractor’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 inc luded. Shop drawings shall be submitted in Portable Document Format (PDF) files, formatted on sheets 11 by 17 inches.

5-1.4 4.2 Other Documents: Submit PDF files of other documents such

as trade literature, catalogue information, calculations, and m anuals 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 w ill 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.

1.When the Florida Department of Transportation is the Engineer of Record, submit shop drawings to the Resident Engineer and to the appropriate Department FY 2023-24 Return 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 proce dures when required by the work. Submit material certifications and material tests to the Resident Engineer.
2.When the Engineer of Record is a consultant hired by the 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 Arch itect 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 signe d 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 Engi neer 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 bri dges 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 Recor d 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 r equirements 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. Fo r 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 C hapter 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 FY 2023-24 Return 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 condition s 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 Constructio n 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 Plan s. 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 temporar y 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 spec ific 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 t he 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, includ ing 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. FY 2023-24 Return to Table of Contents Schedule the submission of shop drawings to allow for a 45 calendar day review p eriod 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 sub mittal 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 t his 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 re quirements 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 E ngineer 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 E ngineer 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 o f 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 s hop 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 addi tion 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 o utlining 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: FY 2023-24 Return to Table of Contents

1.The overall construction program for the duration of the Contract. Clearly show the Milestone dates. (For example, the need to open a structure by a certain time for traffic operations.)
2.The overall construction sequence. The order in which individual structures are to be built, the sequence in which individual spa ns 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).
3.The general location of any physi cal obstacles to construction 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, te mporary diversions, transmission lines, utilities, property, and the Contractor’s own temporary works, such as haul roads, cofferdams, plant clearances and the like.)
4.The approximate location of any special lifting equipment in relation to the struc ture, including clearances required for the operation of the equipment. (For example, crane positions, operating radii and the like.)
5.The approximate location of any temporary falsework, and the conceptual outline of any special erection equipment. Provide the precise locations and details of attachments, fixing devices, loads, etc. in later detailed submittals.
6.An outline of the handling, transportation, and storage of fabricated components, such as girders or concrete segments. Provide the p recise details in later detailed submittals.
7.Any other information pertinent to the proposed scheme or intended approach. Clearly and concisely present the above information on as few drawings as possible in order to provide an overall, integrate d 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 d oes 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 s cheme 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.

5-1.5 Certifications:

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 acco rdance 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 acco rdance 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 applicati on of any superimposed load, ensure that a Specialty FY 2023-24 Return 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 Engine er 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 sup porting 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 pri or 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 un til 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.

5-1.6 Request 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 prop osal 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 infr inges 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. FY 2023-24 Return to Table of Contents

5-1.7 Request 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. Notice s of Claim must be submitted in accordance with 5 -12.2.

5-1.8 Request 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 t he 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 tho se 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.

5-2 Coordination 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 bindi ng 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 i tems 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:

1.Special Provisions.
2.Technical Special Provisions.
3.Plans.
4.Standard Plans.
5.Developmental Specifications.
6.Supplemental Specifications.
7.Standard Specifications. Computed dimensions govern over scaled dimensions.

5-3 Conformity 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 Doc uments, 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 FY 2023-24 Return 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 us ed 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 straig htedge requirements and contains suitable transitions.

5-4 Errors 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 disc overy. The Engineer will then make such corrections and interpretations as necessary to reflect the actual spirit and intent of the Contract Documents.

5-5 Authority of the Engineer.

Perform all work to the satisfaction of the Engineer. The Director, Off ice 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.

5-6 Authority 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 authorit y 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 rea sons for the suspension. The presence of the inspector or other assistant in no way lessens the responsibility of the Contractor.

5-7 Engineering and Layout.

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

centerline control po ints (Begin Project, End Project, PIs, PTs, etc.) and benchmark s 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 benchmark s 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., resurfa cing, safety modifications, etc.) the Engineer will provide only points marking the beginning and ending of the project, and all exceptions. FY 2023-24 Return to Table of Contents

5-7.2 Furnishing 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.

5-7.3 Layout 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 lin es 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.

5-7.4 Specific Staking Requirem ents: 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, t he 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 inc lude 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 p rior 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 FY 2023-24 Return 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.

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

personnel and use only suitable equipment in per forming 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 f or 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 r esponsibility 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.

5-7.6 Global 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 M achine Guidance technology will be integrated into other technologies employed on the project. At a minimum, the GNSS Work Plan will include the following:

1.Designate which portions of the Contract will be done using GNSS enabled Automated M achine Guidance and which portions will be constructed using conventional survey methodology.
2.Describe the manufacturer, model, and software version of the GNSS equipment.
3.Provide information on the qualifications of Contractor staff. Include formal training and field experience. Designate a single staff person as the primary contact for GNSS technology issues.
4.Describe how project control will be established. Include a list and map showing control points enveloping the site.
5.Describe site calibration proced ures. Include a map of the control points 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.
6.Describe the Contractor's quality control procedures for verifying mechanical calibration and maintenance of construction and guidance equipment. Include the frequency and type of verification performed to ensure the constructed grades c onform 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 .

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

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

5-8 Contractor’s Supervision.

5-8.1 Prosecution 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.

5-8.2 Contractor’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 prop erly 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.

5-8.3 Supervision 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.

5-9 General Inspection Requirements.

5-9.1 Cooperation 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 wi th 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 th at 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.

5-9.2 Failure 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.

5-9.3 Failure 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 FY 2023-24 Return to Table of Contents Contract within the time indicated in writing, the Engineer has th e 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 Con tractor 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.

5-9.4 Inspection 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.

5-10 Final Inspection.

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

final acceptance in accordance with 5 -11.

5-10.2 Inspection 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 ach ieve 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, eith er 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.

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

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

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

conditional acceptance of a project.

5-11 Final 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 .

5-12 Claims by Contractor.

5-12.1 General: 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 a ny 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, FY 2023-24 Return to Table of Contents certified written claim and full and complete claim documentation withi n 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.

5-12.2 Notice of Claim:

5-12.2 1 Claims For Extra Work: Where the Contra ctor 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 ke pt 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 accordan ce 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 Contracto r 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 docum entation, 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 Contra ctor 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 o f 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 writte n 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. FY 2023-24 Return to Table of Contents On projects with an original Contract amount of $3,000,000 o r 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 wri ting. 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 comp ensation 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 complia nce 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 sub sequently 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.

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

entitled to additional compensation or a time exten sion 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:

1.A detailed factual statement of the claim providing all necessary dates, locations, and items of work affected and included in each claim;
2.The date or dates on which actions resulting in the claim occurred or conditions resulting in the claim became evident;
3.Identification of all pertinent documen ts and the substance of any material oral communications relating to such claim and the name of the persons making such material oral communications;
4.Identification of the provisions of the Contract which support the claim and a statement of the reaso ns why such provisions support the claim, or alternatively, the provisions of the Contract which allegedly have been breached and the actions constituting such breach;
5.A detailed compilation of the amount of additional compensation sought and a breakdown of the amount sought as follows:
a.documented additional job site labor expenses;
b.documented additional cost of materials and supplies;
c.a list of additional equipment costs claimed, including each piece of equipment and the rental rate claimed for each; FY 2023-24 Return to Table of Contents
d.any other additional direct costs or damages and the documents in support thereof;
e.any additional indirect costs or damages and all documentation in support thereof.
6.A detailed compilation of the specific dates and the exact number of calendar 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 identifie d 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 her eunder, 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 he reunder at any time.

5-12.4 Action 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 wi ll 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.

5-12.5 Pre-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 reporte d 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 inter est 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.

5-12.6 Compensation 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: Notwithstandi ng 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 FY 2023-24 Return to Table of Contents the Department unless the delay sha ll 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. Th e 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 C ompensation 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 indi rect 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.

5-12.7 Mandatory 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 reco rds. The daily records to be submitted hereunder shall be d one at no cost to the recipient.

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

constructive acceleration of the work, nor shall the Contractor have any right to ma ke 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 d irection 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.

5-12.9 Certificate 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 FY 2023-24 Return 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 wit h the authority to bind the Contractor.

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

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

1.Loss of profit, incentives or bonuses;
2.Any claim fo r other than extra work or delay;
3.Consequential damages, including, but not limited to, loss of bonding capacity, loss of bidding opportunities, loss of credit standing, cost of financing, interest paid, loss of other work or insolvency;
4.Accelera tion costs and expenses, except where the Department has expressly and specifically directed the Contractor in writing “to accelerate at the Department’s expense”; nor
5.Attorney fees, claims preparation expenses and costs of litigation.

5-12.11 Exclus ive 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 paya ble in 5-12.

5-12.12 Settlement 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, e quitable, 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 pur poses of this provision.

5-12.13 Personal 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 employee s 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.

5-12.14 Auditing 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 pa rt 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 m ust 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 re quest 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 FY 2023-24 Return 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 wri tten request , submit at the Department’s expense, any or all of the following documents:

1.Daily time sheets and foreman’s daily reports and diaries;
2.Insurance, welfare and benefits records;
3.Payroll register;
4.Earnings records;
5.Payroll tax return;
6.Material invoices, purchase orders, and all material and supply acquisition contracts;
7.Material cost distribution worksheet;
8.Equipment records (list of company owned, rented or other equipment used);
9.Vendor rental agreements and subcontractor invoices;
10.Subcontractor payment certificates;
11.Canceled checks for the project, including, payroll and vendors;
12.Job cost report;
13.Job payroll ledger;
14.General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals;
15.Cash disbursements journal;
16.Financial statements for al l years reflecting the operations on this project;
17.Income tax returns for all years reflecting the operations on this project;
18.All documents which reflect the Contractor’s actual profit and overhead during the years this Contract was being pe rformed and for each of the five years prior to the commencement of this Contract;
19.All documents related to the preparation of the Contractor’s bid including the final calculations on which the bid was based;
20.All documents which relate to eac h and every claim together with all documents which support the amount of damages as to each claim;
21.Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insur ance, materials, equipment, subcontractors, and all documents that establish which time periods and individuals were involved, and the hours and rates for such individuals.

5-13 Recovery Rights, Subsequent to Final Payment.

The Department reserves the rig ht, 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 b oth, by process of law, such sums as may be sufficient to correct the error or make good the defects in the work and materials. FY 2023-24 Return to Table of Contents SECTION 6 CONTROL OF MATERIALS

6-1 Acceptance Criteria.

6-1.1 General: 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.

6-1.2 Sampling 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.

6-1.3 Certification:

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). FY 2023-24 Return to Table of Contents

Source: Florida Standard Specifications for Road and Bridge Construction, 2024 Edition. Pages 4062 of 1,299.