7LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC

7-1 Laws to be Observed.

7-1.1 General : Become familiar with and comply with all Federal, State, and Local

Rules and Regulations that control the action or operation of those engaged or employed in the work or that affect material used. Pay particular attention called to the safety regulations promulgated by the U.S. Department of Labor, Occupational Safety and Health Administratio n (OSHA). In addition, comply with Chapter 403, of the Florida Statutes, regarding control of air pollution. Direct special attention to that portion of Chapter 62-256, Rules of the Department of Environmental Protection, Florida Administrative Code, perta ining to open burning in land clearing operations. Where work or structures included in the Contract are in “Navigable Waters of the U.S.,” (reference 33 of the Code of Federal Regulations, Part 329); “Waters of the U.S.,” (reference 33 of the Code of Fede ral Regulations, Parts 323 and 328); or “Waters of the State,” (reference Part 4, Chapters 253 and 373 of the Florida Statutes and Section 62-340 of the Florida Administrative Code); comply with the regulatory provisions of Section 404 of the Federal Clean Water Act of 1977; Sections 9 and 10 of the Federal River and Harbor Act of 1899; Chapter 161 of the Florida Statutes; and any local authority having jurisdiction over such waters. Comply with Part IV, Chapter 378, of the Florida Statutes regarding land reclamation. Direct special attention to Chapters 62C-36 and 62C -39 of the Florida Administrative Code. Submit the Notice of Intent to Mine to: Department of Environmental Protection Collins Building 2051 East Dirac Drive Tallahassee, Florida 32310 -3760 with a copy to the Engineer. The Engineer will determine consistency with the environmental documents prior to commencement of mining. Obtain certification from the Construction Industry Licensing Board as required by Part I, Chapter 489, of the Florida S tatutes, regardless of exemptions allowed by subsection 489.103, prior to removing underground pollutant storage tanks. Dispose of tanks and pollutants in accordance with the requirements and regulations of any Federal, State, or local, agency having juris diction. Prior to building construction or renovation, submit current registrations or certifications issued by the Florida Construction Industry Licensing Board in accordance with Chapter 489, for the appropriate category of construction. Corporations must be registered with the State of Florida, Department of State, Division of Corporations, and hold a current State Corporate Charter Number in accordance with Chapter 607, Florida Statutes. The Contractor or the authorized subcontractor applying the roofing material must be licensed or be an approved dealer and applicator of the proposed roofing material. Indemnify, defend, and save harmless the Department and all of its officers, agents, and employees, in the amount of the Contract pri ce, against all claims or liability arising from or based on the violation of any such Federal, State, and Local Rules and Regulations, whether by himself or his employees. FY 2023-24 Return to Table of Contents The Contractor shall comply with all environmental permits, including measures identified in the National Pollutant Discharge Elimination System (NPDES) Stormwater Pollution Prevention Plan and Sediment and Erosion Control Plan for the work. The Contractor shall exert every reasonable and diligent effort to ensure that all labor empl oyed by the Contractor and his subcontractors for work on the project work harmoniously and compatibly with all labor used by other building and construction contractors now or hereafter on the site of the work covered by this Contract. Include this provis ion in all subcontracts, and require all subcontractors to include it in their subcontracts with others. However, do not interpret or enforce this provision so as to deny or abridge, on account of membership or non -membership in any labor union or labor or ganization, the right of any person to work as guaranteed by Article I, Section 6 of the Florida Constitution. Comply with Chapter 556 of the Florida Statutes during the performance of excavation or demolition operations. The Executive Order 11246 Elec tronic version, dated September 24, 1965 is posted on the Department’s website at the following URL address: https://fdotwww.blob.core.windows.net/sitefinity/docs/default - source/programmanagement/implemented/urlinspecs/files/deo112468a91904c88e94148b945699 82fdff3d2.pdf? sfvrsn=6b78d1d6_2 . Take responsibility to obtain the information posted on this website up through five calendar days before the opening of bids and comply with the provisions contained in Executive Order 11246. If the Department’s website cannot be accessed, contact the Department’s Specifications Office Web Coordinator at (850) 414-4101.

7-1.2 Plant Quarantine Regulations: The U.S. Department of Agriculture and the

Florida Department of Agriculture and Consumer Servi ces have issued quarantine regulations pertaining to control of the nematodes of citrus, Rule 5B-44, Florida Administrative Code, and other plant pests. Contact the local (or other available) representatives of the Animal and Plant Health Inspection Servic e of the U.S. Department of Agriculture, and the Division of Plant Industry of the Florida Department of Agriculture and Consumer Services to ascertain all current restrictions regarding plant pests that are imposed by these agencies. Keep advised of curre nt quarantine boundary lines throughout the construction period. These restrictions may affect operations in connection with such items as clearing and grubbing, earthwork, grassing and mulching, sodding, landscaping, and other items which might involve the movement of materials containing plant pests across quarantine lines. Obtain quarantine regulations and related information from the following: Animal and Plant Health Inspection Service U.S. Department of Agriculture 3029 Lake Alfred Road Winter Hav en, Florida 33881 Director, Division of Plant Industry Florida Department of Agriculture and Consumer Services Post Office Box 147100 Gainesville, Florida 32614 -7100

7-1.3 Introduction or Release of Prohibited Aquatic Plants, Plant Pests, or Noxious

Weeds: Do not introduce or release prohibited aquatic plants, plant pests, or noxious weeds into the project limits as a result of clearing and grubbing, earthwork, grassing and mulching, FY 2023-24 Return to Table of Contents sodding, landscaping, or other such activities. Immediately notify the E ngineer upon discovery of all prohibited aquatic plants, plant pests, or noxious weeds within the project limits. Do not move prohibited aquatic plants, plant pests, or noxious weeds within the project limits or to locations outside of the project limits w ithout the Engineer’s permission. Maintain all borrow material brought onto the project site free of prohibited aquatic plants, plant pests, noxious weeds, and their reproductive parts. Refer to Rule 5B-64 and Rule 5B-57, of the Florida Administrative Code for the definition of prohibited aquatic plants, plant pests, and noxious weeds.

7-1.4 Compliance with Federal Endangered Species Act and other Wildlife

Regulations: The Federal Endangered Species Act requires that the Department investigate the potential impact to a threatened or endangered species prior to initiating an activity performed in conjunction with a highway construction project. If the Department’s invest igation determines that there is a potential impact to a protected , threatened or an endangered species, the Department will conduct an evaluation to determine what measures may be necessary to mitigate such impact. When mitigation measures and/or special conditions are necessary, these measures and conditions will be addressed in the Contract Document s or in permits as identified in 7 -2.1. In addition, in cases where certain protected , threatened or endangered species are found or appear within close pro ximity to the project boundaries, the Department has established guidelines t hat will apply when interaction with certain species occurs , absent of any special mitigation measures or permit conditions otherwise identified for the project. These guideline s are posted at the following URL address: https://fdotwww.blob.core.window s.net/sitefinity/docs/default - source/programmanagement/implemented/urlinspecs/files/endangeredwildlifeguidelines.pdf?sfvr sn=e27baf3f_2 . Take responsibility to obtain this information and take all actions and precautions necessary to comply with the conditions of these guidelines during all project activities. Prior to establishing any off -project activity in conjunction with a project, notify the Engineer of the proposed activity. Covered activities include but are not necessarily limited to borrow pits, concrete or asphalt plant sites, disposal sites, field of fices, and material or equipment storage sites. Include in the notification the Financial Project ID, a description of the activity, the location of the site by township, range, section, county, and city, a site location map including the access route, the name of the property owner, and a person to contact to arrange a site inspection. Submit this notification at least 30 days in advance of planned commencement of the off-site activity , to allow for the Department to conduct an investigation without delaying job progress. Do not perform any off -project activity without obtaining written clearance from the Engineer. In the event the Department’s investigation determines a potential impact to a protected, threatene d or endangered species and mitigation measures or permit s are necessary, coordinate with the appropriate resource agencies for clearance, obtain permits and perform mitigation measures as necessary. Immediately notify the Engineer in writing of the result s of this coordination with the appropriate resource agencies. Additional compensation or time will not be allowed for permitting or mitigation , associated with Contractor initiated off -project activities.

7-1.5 Occupational Safety and Health Requirements : The Contractor shall take all

precautions necessary for the protection of life, health, and general occupational welfare of all FY 2023-24 Return to Table of Contents persons, including employees of both the Contractor and the Department, until the Contractor has completed the work required u nder the Contract as provided in 5 -10 and 5-11. Comply at all times with applicable Federal, State, and local laws, provisions, and policies governing safety and health, including 29 CFR 1926, including all subsequent revisions and updates.

7-1.6 Discov ery of an Unmarked Human Burial: When an unmarked human burial is

discovered, immediately cease all activity that may disturb the unmarked human burial and notify the Engineer. Do not resume activity until specifically authorized by the Engineer.

7-1.7 Insecticides , Herbicides and Fertilizers :

7-1.7 1 Insecticides and Herbicides: Use products found on the following

website, http://state.ceris.purdue.edu/ , approved by the Flo rida Department of Agriculture and Consumer Services. The use of restricted products is prohibited. Do not use any products in the sulfonylurea family of chemicals. Herbicide application by broadcast spraying is not allowed. Procure any necessary licens es, pay all charges and fees, and give all notices necessary for lawful performance of the work. Ensure that all insecticides and herbicides are applied in accordance with Chapter 5E -9, Florida Administrative Code. Submit a copy of current certificates to the Engineer upon request. Ensure that employees who work with herbicides comply with all applicable Federal, State, and local regulations . Comply with all regulations and permits issued by any regulatory agency within whose jurisdiction work is b eing performed. Post all permit placards in a protected, conspicuous location at the work site. Acquire any permits required for work performed on the rights -of-way within the jurisdiction of National Forests in Florida. Contact the Local National Fores t Ranger District, or the United States Department of Agriculture (USDA) office for the proper permits and subsequent approval. Acquire all permits required for aquatic plant control as outlined in Chapter 62C -20, Florida Administrative Code Rules of the Florida Department of Environmental Protection. Contact the Regional Field Office of Bureau of Invasive Plant Management of the Florida Department of Environmental Protection for proper permits and subsequent approval. If application of synthetic organ o-auxin herbicides is necessary, meet the requirements of Chapter 5E-2, Florida Administrative Code.

7-1.7 2 Fertilizer: Ensure that all employees applying fertilizer, possess a current

Florida Department of Agriculture and Consumer Services Commercial A pplicator license in accordance with Section 482.1562, F.S. Upon request, submit the current certificates to the Engineer.

7-1.8 Compliance with Section 4(f) of the USDOT Act: Section 4(f) of the USDOT Act

prohibits the U. S. Secretary of Transportation f rom approving a project which requires the use of publicly owned land of a public park, recreation area or a wildlife and waterfowl refuge, or of any historic site of national, state, or local significance unless there is no prudent or feasible alternative to using that land and the program or project includes all possible planning to minimize the harm to the site resulting from the use. Before undertaking any off -project activity associated with any federally assisted undertaking, ensure that the propose d site does not represent a public park, recreation area, wildlife or waterfowl refuge, or a historic site (according to the results of the Cultural Resources FY 2023-24 Return to Table of Contents Survey discussed in 120 -6.2). If such a site is proposed, notify the Engineer and provide a description of the proposed off -site activity, the Financial Project ID, the location of the site by township, range, section, a county or city map showing the site location, including the access route and the name of the property. It is the Contractor’s respon sibility to submit justification for use of Section 4(f) property that is sufficient for the Florida Department of Transportation and the Federal Highway Administration to make a Section 4(f) determination. Submit this notification sufficiently in advance of planned commencement of the off -site activity to allow a reasonable time for the Engineer to conduct an investigation without delaying job progress. Do not begin any off -project activity without obtaining written clearance from the Engineer.

7-1.9 Florida Minority Business Loan Mobilization Program: The Loan Mobilization

Program is established by Section 288.706 of the Florida Statutes, and has as its goal to assist minority business enterprises by facilitating working capital loans to those eligible bu sinesses that are Contractors or subcontractors on Department contracts. The limits of such advances under this program shall be as specified in Section 288.706 of the Florida Statutes. In the case of a subcontractor, the amount of the advance will be ba sed on the subcontract unit prices, not the contract unit prices. All prime Contractor vendors shall be required to incorporate the designated loan mobilization payment procedures in subcontract agreements with minority business enterprise vendors partic ipating in this program and to cooperate in the release of designated loan mobilization payments to achieve the objective of providing working capital for minority business enterprise subcontract vendors. When the Contract has been awarded or, in the cas e of a subcontractor, a subcontract has been signed with the prime Contractor, application for participation in this program will be submitted in writing to the Engineer. Such application must be made prior to commencement of the work. If the application i s made on behalf of a subcontractor, it shall be considered incomplete if the subcontract with the unit prices of the work clearly delineated is not included in the submittal. When all applicable conditions have been met, approval for participation will be made by the Office of the Comptroller and the applicant will be notified of the approval action taken. Once approval has been obtained and the Notice to Proceed has been issued, disbursement of the monies will be made at the request of the applicant. The designated loan mobilization payment may be paid prior to the commencement of work on the Contract. However, if the work on the Contract has not commenced and the payment has not been made, then the Contract Time may not commence until the payment is m ade. All designated loan mobilization payments will be made payable jointly to the prime Contractor and the participating financial institution. When a subcontractor is the participant in the program, such payments shall be paid to the participant within 1 0 business days after receipt of the funds from the Department. Repayment of monies advanced through this program will be made after the value of the work accomplished by the participant reaches 50 percent. Contractors are encouraged to make weekly or bi -weekly payments to subcontractors participating in this program.

7-2 Permits and Licenses.

7-2.1 General: Except for permits procured by the Department, as incorporated by

Special Provision expanding this Subarticle, if any, procure all permits and licen ses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. FY 2023-24 Return to Table of Contents The Department will also acquire any modifications or revisions to an original permit incorporated by Special Provision to this Subarticle when the Contractor requires such modifications or revisions to complete the construction operations specified in the Plans or Special Provisions and within the right -of-way limits. Acquire all permits for work performed outside the right -of-way or easements for the project. In carrying out the work in the Contract, when under the jurisdiction of any environmental re gulatory agency, comply with all regulations issued by such agencies and with all general, special, and particular conditions relating to construction activities of all permits issued to the Department as though such conditions were issued to the Contracto r. Post all permit placards in a protected location at the worksite. In case of a discrepancy between any permit condition and other Contract Documents, the more stringent condition shall prevail.

7-2.2 Work or Structures in Navigable Waters of the U.S. , Waters of the U.S., and

Waters of the State: In general, one or more governmental agencies will exercise regulatory authority over work or structures, including related construction operations, in all tidal areas (channelward of the mean high water lines on the Atlantic and Gulf Coast); in the ocean and gulf waters to the outer limits of the continental shelf; in all rivers, streams, and lakes to the ordinary high water line; in marshes and shallows that are periodically inundated and normally characteriz ed by aquatic vegetation capable of growth and reproduction; in all artificially created channels and canals used for recreational, navigational, or other purposes that are connected to navigable waters; and in all tributaries of navigable waters up to the ir headwaters. Whenever the work under or incidental to the Contract requires structures or dredge/fill/construction activities in “Navigable Waters of the U.S.,” “Waters of the U.S.,” and “Waters of the State,” the Federal, State, county, and local regu latory agencies may require the Department to obtain a permit. For such dredge/fill /construction specified in the Plans to be accomplished within the limits of the project, or for any dredge/fill/construction within the limits of Department -furnished borr ow areas, the Department will procure the necessary permits prior to advertising for bids.

7-2.3 As-Built Drawings and Certified Surveys :

7-2.3 1 Surface Water Management Systems for Water Management

Districts: As a condition precedent to final acceptance of the project, submit to the Engineer the as-built drawings and a certified survey verifying the as -built conditions for all installed and constructed surface water management systems. The as -built drawings and certified survey must be PDF files in the same scale as the Plans, formatted on 11 inch by 17 inch sheets, and satisfy all the requirements and special conditions listed in the Water Management District’s Environmental Resource Permit (ERP) and any applicable local permit. The as-built drawings and certified survey must be signed and sealed by an appropriately licensed professional registered in the State of Florida. If the ERP does not contain specific requirements, submit as -built drawings with t he following information as a minimum:

7-2.3 2 Bridge Clearances for Projects under the Authority of a U .S. Coast

Guard Permit: As a condition precedent to final acceptance of the project , submit to the Engineer a certified survey verifying the as -built clearances de scribed in the U.S. Coast Guard Owner’s Certification of Bridge Completion. The certified survey must be signed and sealed by a Professional Engineer or Professional Surveyor and Mapper registered in the State of Florida.

7-2.3 3 Projects Under the Authority of a U.S. Army Corps of Engineers

Permit: As a condition precedent to final acceptance of the project, submit to the Engineer the as-built drawings and a certified survey verifying the as -built conditions . The as-built drawings and certified survey m ust be submitted in PDF files formatted in the same scale as the Plans, formatted on 11 inch by 17 inch sheets, and satisfy all of the requirements and special conditions listed in the U.S. Army Corps of Engineers permit. The as-built drawings and certified survey must be signed and sealed by a Professional Engineer or Professional Surveyor and Mapper registered in the State of Florida.

7-3 Patented Devices, Materials and Processes.

Include all royalties and costs arising from patents, trademarks, and copyrights, in any way involved in the work in the Contract price. Whenever using any design, device, material, or process covered by letters patent or copyright, obtain the right for such use by suitable legal agreement with the patentee or owner of the copyright. File a copy of such agreement with the Engineer. However, whether or not such agreement is made or filed as noted, the Contractor and the surety in all cases shall indemnify, defend, and save harmless, the Department from all claims for infringement by reason of the use of any such patented design, device, material, or process on work under the Contract, and shall indemnify the Department for all costs, expenses, and damages that it may be obliged to pay by reason of any such infringement, at any time during the prosecution or after the completion of the work.

7-4 Right-of-Way Furnished by the Department.

Except as otherwise stipulated in these Specifications or as shown in the Plans, the Department will furnish all r ights-of-way necessary for the proper completion of the work at no expense to the Contractor. Should Department -furnished areas for obtaining borrow material, contain limerock material do not remove such material from the pit unless the Engineer gives spe cific approval. FY 2023-24 Return to Table of Contents Use of Department owned right -of-way for the purpose of equipment or material storage, lay-down facilities, pre -cast material fabrication sites, batch plants for the production of asphalt, concrete or other construction related materials, or other similar activities, shall require advance written approval by the Department prior to making use of said Department owned right of way. Use of Department owned right of way for these purposes is expressly limited to the storage of equipment and ma terials for the Project or production of materials or products for the Project.

7-5 Restoration of Surfaces Opened by Permit.

Upon the presentation of a duly authorized and satisfactory permit that provides that all necessary repair work will be paid for by the party holding such permit, the Engineer may authorize the Contractor to allow parties bearing such permits to make openings in the highway. Upon the Engineer’s written order, perform, in an acceptable manner, all necessary repairs due to such openings, and such necessary work that the Engineer orders, subject to the same conditions as the original work performed. The Department will pay the Contractor for such work either under applicable Contract items or in accordance with 4 -4 when Contract ite ms are not applicable.

7-6 Sanitary Provisions.

The Contractor shall provide and maintain, in a neat and sanitary condition, such accommodations for the use of his employees as are necessary to comply with the requirements and regulations of the State and local boards of health. Commit no public nuisance.

7-7 Control of the Contractor’s Equipment.

7-7.1 Traffic Interference: Do not allow equipment, while it is on or traversing a road or

street, to unreasonably interfere with traffic.

7-7.2 Overloaded Equ ipment: Do not operate on any road, street or bridge including a

Department owned temporary bridge, any hauling unit or equipment loaded in excess of:

7-7.3 Crossings: Where it is necessary to cross an existing roa d or street, including

specifically the existing traveled lanes of a divided highway within the limits of the project, obtain permits from the Department, for crossing overloaded or oversized equipment. Cross existing roads or streets only at Engineer -designated points. The Engineer may require the Contractor to protect the pavement or Roadway at the crossing by using lumber, planks, or fill. Movement of equipment around the project site must be in accordance with requirements of the Standard Plans and not create an undue hazard to the traveling public or workers. Provide flagging and watchman service, or approved signal devices, for the protection of traffic at all such crossings, in accordance with an approved written plan for that activity. FY 2023-24 Return to Table of Contents

7-7.4 Protect ion from Damage by Tractor -Type Equipment: Take positive measures

to ensure that tractor -type equipment does not damage the road. If any such damage should occur, repair it without delay, at no expense to the Department and subject to the Engineer’s approval.

7-7.5 Contractor’s Equipment on Bridge Structures: The Contractor’s Engineer of

Record shall analyze the effect of imposed loads on bridge structures, including Department owned temporary bridges, within the limits of a construction contract, resultin g from the following operations:

7-7.6 Posting of the Legal Gross Vehicular Weight: Display the maximum legal gross

weight, as specified in the Florida Uniform Traffic Code, in a permanent manner on each side of any dump truck or dump type tractor -trailer unit hauling embankment material, construction aggregates, road base material, or h ot bituminous mixture to the project over any public road or street. Display the weight in a location clearly visible to the scale operator, in numbers that contrast in color with the background and that are readily visible and readable from a distance of 50 feet.

7-8 Structures over Navigable Waters.

7-8.1 Compliance with Federal and Other Regulations: When working on structures

in, adjacent to, or over, navigable waters, observe all regulations and instructions of Federal and other authorities having con trol over such waters. Do not obstruct navigation channels without permission from the proper authority, and provide and maintain navigation lights and signals in FY 2023-24 Return to Table of Contents accordance with the Federal requirements for the protection of the structure, of false work, and of navigation. When working on moveable bridges , requests for temporarily changing the operating requirements for the moveable bridge must be submitted in writing to the appropriate Coast Guard District Bridge Branch, 90 days before the start of any action. For all other bridges, notify the appropriate Coast Guard District Bridge Branch, at least 60 days prior to the start of any operations including construction and 30 days prior to any channel operations, closures, or opening restrictions. When work platforms are indicated in the permit for construction, submit work platform construction plans to the appropriate Coast Guard District for approval. Obtain approval prior to beginning construction on the platform.

7-8.2 Maintenance of Channel: Where the work includes the excavation of a channel or

other underwater areas to a required section, maintain the section from shoaling or other encroachment until final acceptance of the project. In the event of accidental blocking of the navigation channel, immediately notify the U.S. Coast Guard of the blockage and upon removal of the blockage.

7-9 Use of Explosives.

When using explosives for the prosecution of the work, exercise the utmost care not to endanger life or property, including new work. The Con tractor is responsible for all damage resulting from the use of explosives. Store all explosives in a secure manner in compliance with all laws and ordinances, and clearly mark all such storage places with the words: “DANGEROUS - EXPLOSIVES”. Place such storage in the care of a competent watchman. Where no local laws or ordinances apply, provide storage satisfactory to the Engineer and, in general, not closer than 1,000 feet from the road or from any building, camping area, or place of human occupancy. Notify each public utility company having structures in proximity to the site of the work of the intention to use explosives. Give such notice sufficiently in advance to enable the companies to take precautionary steps to protect their property from injury.

7-10 Forest Protection.

7-10.1 Compliance with State and Federal Regulations: In carrying out work within or

adjacent to State or National forests or parks, comply with all of the regulations of the State or Federal authority having jurisdiction, governin g the protection of and the carrying out of work in forests or parks, and observe all sanitary laws and regulations with respect to the performance of work in these areas. Keep the areas in an orderly condition, dispose of all refuse, and obtain permits fo r the construction, installation, and maintenance of any construction camps, living quarters, stores, warehouses, sanitary facilities, and other structures; all in accordance with the requirements of the forest or park official.

7-10.2 Prevention and Supp ression of Forest Fires: Take all reasonable precautions to

prevent and suppress forest fires. Require employees and subcontractors, both independently and at the request of forest officials, to do all reasonably within their power to prevent and suppress forest fires. Assist in preventing and suppressing forest fires, and make every possible effort to notify a forest official at the earliest possible moment of the location and extent of all fires. Extinguish the fire if practicable. FY 2023-24 Return to Table of Contents

7-11 Preservation of Existing Property.

7-11.1 General: Preserve from damage all existing property within the project limits of

or in any way affected by the Work, the removal or destruction of which is not specified in the Plans. This applies to, but is not limited to, public and private property, public and private utilities (except as modified by the provisions of 7 -11.5), trees, shrubs, crops, sod, signs, monuments, fences, guardrail, pipe and underground structures, Intelligent Transportation Systems (ITS) facilities, traff ic control signals and devices, highway lighting, and public highways (except natural wear and tear of highway resulting from legitimate use thereof by the Contractor). Department owned underground facility locations shown in the Plans are approximate. U nless otherwise shown in the Plans, Department owned underground facilities will not be located by the Department nor through notification to "Sunshine 811". Locate all fiber optic cables. Provide a fiber optic cable locator in accordance with Section 633. Whenever the Contractor’s activities damage such existing property, immediately restore it to a condition equal to or better than that existing at the time such damage occurred, at no expense to the Department. Temporary repairs may be used to immediate ly restore ITS facilities and traffic control signals and devices. Permanent repairs to ITS facilities and traffic control signals and devices shall be made within 90 days of any temporary repairs and prior to final acceptance of the project. Submit perman ent ITS facility repair plans to the Engineer prior to beginning repair work. Protect existing bridges during the entire construction period from damage caused by the Work. Immediately repair, at no expense to the Department, all damage to existing bridges caused by the Work, prior to continuing the Work. The Department will not require the Contractor to provide routine repairs or maintenance for such structures. Direct special attention to the protection of all geodetic monuments, horizontal or vertical, and Public Land Survey Corners located within the project. If any geodetic monument or Public Land Survey Corner, located within the project, is at risk of being damaged or destroyed, immediately notify the Engineer. Locate and replace any damaged or d estroyed geodetic monuments or Public Land Survey Corners under the direction of a Professional Surveyor and Mapper registered in the State of Florida. Whenever the actions of a third party damage such existing property and is not otherwise due to any fa ult or activities of the Contractor, either restore it to a condition equal to or better than that existing at the time such damage occurred or provide access and coordinate with the Department’s maintenance Contractor in accordance with 8 -4.4 as directed by the Engineer. The Department will compensate the Contractor for the costs associated with the repairs for restoring the existing property in accordance with 4 -4. Theft and vandalism are considered damage caused by a third party .

7-11.2 Failure to Resto re Damaged Existing Property: In case of failure on the part of

the Contractor to restore such property, bridge, road or street, or to make good such damage or injury, the Engineer may, upon 48 hours notice, proceed to repair, rebuild, or otherwise restore such property, road, or street as may be deemed necessary, and the Department will deduct the cost thereof from any monies due or which may become due the Contractor under the Contract. Nothing in this clause prevents the Contractor from receiving proper compensation for the removal, damage, or replacement of any public or private property, not shown in the Plans, that is made necessary by alteration of grade or alignment. The Engineer will authorize such work, FY 2023-24 Return to Table of Contents provided that the Contractor, or his employee s or agents, have not, through their own fault, damaged such property.

7-11.3 Contractor’s Use of Streets and Roads :

7-11.3 1 On Systems Other than the State Highway System: When hauling

materials or equipment to the project over roads and bridges on th e State park road system, county road system, or city street system, and such use causes damage, immediately, at no expense to the Department, repair such road or bridge to as good a condition as before the hauling began. The Department may modify the above requirement in accordance with any agreement the Contractor might make with the governmental unit having jurisdiction over a particular road or bridge, provided that the Contractor submits written evidence of such agreement to the Engineer.

7-11.3 2 On the State Highway System: The Department is responsible for the

repair of any damage that hauling materials to the site causes to roads outside the limits of the project, that are either on the State highway system (roads under the jurisdiction of the Department) or specifically designated in the Plans as haul roads from Department -furnished material pits, except in the event damage is due to failure to comply with 7 -7.2. The Contractor is responsible for all damages to any road or bridge caused by the Contractor's failure to comply with 7-7.2.

7-11.3 3 Within the Limits of a Construction Project: The Department will not

allow the operation of equipment or hauling units of such weight as to cause damage to previously constructed elements of the pr oject, including but not necessarily limited to bridges, drainage structures, base course, and pavement. Do not operate hauling units or equipment loaded in excess of the maximum weights specified in 7 -7.2 on existing pavements that are to remain in place (including pavement being resurfaced), cement -treated subgrades and bases, concrete pavement, any course of asphalt pavement, and bridges. The Engineer may allow exceptions to these weight restrictions for movement of necessary equipment to and from its worksite, for hauling of offsite fabricated components to be incorporated into the project, and for crossings as specified in 7 -7.3.

7-11.4 Operations within Railroad Right -of-Way: Submit written advanced

notification of the flagging services and railroad r ight-of-way access required, construction timeframe, and duration to the Engineer and District Rail Office at least 45 calendar days prior to beginning any operation within the limits of the railroad right -of-way or the adjoining 15 feet. Operations includ e the movement of employees, equipment, and trucks in areas other than public crossings or any traffic signal work within 500 feet of a signalized at -grade railroad crossing. The Railroad Company will notify the District Rail Office when flaggers are avail able for use in project scheduling. No operations shall be conducted that affect railroad operations and property without written approval from the railroad.

7-11.4 1 Notification to the Railroad Company: Submit written notification to

the Engineer, District Rail Office and the authorized Railroad Representative at least 72 hours before beginning any operation within the limits of the railroad right -of-way; any operation requiring movement of employees, trucks, or other equipment across the tracks of the railroad company at locations other than an established public crossing; and any other work that may affect railroad operations or property. FY 2023-24 Return to Table of Contents

7-11.4 1.1 Florida East Coast Railway (FEC): Contact the FEC Signal

Office at 904 -279-3182 and FE C Railway at 1 -800-342-1131, ext. 2377 in addition to the requirements in Section 7 -11.4.1.

7-11.4 2 Contractor’s Responsibilities: Unless instructed otherwise in writing

by the Railroad Company, d o not perform work within or adjacent to the railroad rig ht-of-way without a flagger present (including t emporary lane closures, lane shifts or detours). Comply with requirements deemed necessary by the railroad company’s authorized representative to safeguard the railroad’s property and operations. The Cont ractor is responsible for all damages, delays, or injuries and all suits, actions, or claims brought on account of damages or injuries resulting from the Contractor’s operations within or adjacent to railroad company right -of-way. The work includes all items necessary to relieve the flagger from providing protective services. Costs incurred by the Railroad Company for Contractor -caused delays that adversely impact railway operations will be forwarded to the Contractor for payment. If the Contractor fail s to pay said cost, the Department will deduct the amount from payments owed to the Contractor.

7-11.4 2.1 CSXT: Comply with the Construction Submission Criteria of

the CSXT Public Project Information document and Construction Requirements sections of the CSXT Pipeline and Wireline Design and Construction Specifications prior to beginning work. These documents are av ailable at the following URL: https://www.fdot.gov/programmanagement/Implemented/URLinSpecs/CSXT.shtm . Perform no work within the limits of the railroad right -of-way on CSXT holidays (except with permission of CSXT for emergencies such as natural disasters). CSXT holidays are New Year’s Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, Christmas Day, and New Year’s Eve. Holidays falling on Saturday are observed on Friday and those falling on Sunday are observed on Monday.

7-11.4 2.2 Norfolk Southern (NS): Comply with the NS Special

Provisions for Protection of Railway Interests (Appendix E) and the Construction Requirements (Appendix 4.3) of the NS Public Projects Manual document prior to beginning and during all work. These documents are available at the following URL: http://www.nscorp.com/content/dam/nscorp/ship/shipping -tools/Public_Projects_Manual.pdf .

7-11.4 2.3 FEC: Complete the On -Track Contractor Roadw ay Worker

Training Course for FEC Railway. Contact FEC Railway at 1 -800-342-1131 for training information.

7-11.4 2.4 South Florida Rail Corridor (SFRC): Complete the On -

Track Contractor Roadway Worker Training Course for South Florida Regional Transpor tation Authority (SFRTA) Railway. Contact SFRTA at 954 -788-7920 for training information.

7-11.4 3 Watchman or Flagging Services: The railroad company will furnish

protective services (i.e., watchman or flagging services) to ensure the safety of railroad operations during certain periods of the project. The Department will reimburse the railroad company for the cost thereof. Schedul e work that affects railroad operations so as to minimize the need for protective services by the railroad company. Submit construction schedules and schedule changes to the Engineer and District Rail Office which include an estimated start date, weekly construction schedule, daily FY 2023-24 Return to Table of Contents hours of operation, and the calendar day duration for which flagging services will be necessary to perform work activities within railroad right -of-way in accordance with 8 -3.2.

7-11.4 3.1 Central Florida Rail Corridor (CFR C) and SFRC : The

Department will furnish protective services (i.e., watchman or flagging services) to ensure the safety of railroad operations.

7-11.5 Utilities:

7-11.5 1 Arrangements for Protection or Adjustment: Do not commence work

at points where th e construction operations are adjacent to utility facilities until all necessary arrangements have been made for removal, temporary removal, relocation, de -energizing, deactivation or adjustment with the utility facilities owner to protect against damage t hat might result in expense, loss, disruption of service, or other undue inconvenience to the public or to the owners. The Contractor is solely and directly responsible to the owners and operators of such properties for all damages, injuries, expenses, los ses, inconveniences, or delays caused by the Contractor’s operations. Do not request utility removal, temporary removal, relocation, de - energizing, deactivation, or adjustment when work can be accomplished within the utility work schedules. In the event that removal, temporary removal, relocation, de -energizing, deactivation, or adjustment of a utility or a particular sequence of timing in the relocation of a utility is necessary and has not been addressed in a utility work schedule, the Engineer will de termine the necessity for any such utility work. Coordinate such work as to cause the least impediment to the overall construction operations and utility service. The Department is not responsible for utility removal, temporary removal, relocation, de -energizing, deactivation, or adjustment work where such work is determined not necessary by the Engineer or done solely for the benefit or convenience of the utility owner or its contractor, or the Contractor.

7-11.5 2 Cooperation with Utility Owners: Cooperate with the owners of all

underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner, that duplication or rearrangement work may be reduced to a minimum, and that services rendered by the utility owners will not be unnecessarily interrupted. In the event of interruption of water or other utility services as a result of accidental breakage, exposure, or lack of support, promptly notify the proper authority and cooperate with the authority in the prompt restoration of service. If water service is interrupted and the Contractor is performing the repair work, the Contractor shall work continuously until the service is restored. Do not begin work around fire hydrants u ntil the local fire authority has approved provisions for continued service.

7-11.5 3 Utility Adjustments: Certain utility adjustments and reconstruction

work may be underway during the progress of the Contract. Cooperate with the various utility construction crews who are maintaining utility service. Exercise due caution when working adjacent to relocated utilities. The Contractor shall repair all damage to the relocated utilities resulting from his operations at no expense to the Department. The require ments of 7 -11.1 and

7-11.5 2 outline the Contractor’s responsibility for of protecting utility facilities. The Department

will include in the Contract the utility authorities who are scheduled to perform utility work on the project.

7-11.5 4 Weekly Meeti ngs: Conduct weekly meetings on the job site with all the

affected utility companies and the Engineer in attendance to coordinate project construction and utility relocation. Submit a list of all attendees one week in advance to the Engineer for approval. FY 2023-24 Return to Table of Contents Submit the approved Work Progress Schedule and Work Plan for the project, as specified in 8 -3.2, to document the schedule and plan for road construction and utility adjustments. When utility relocations no longer affect construction activities, the Contractor may discontinue the meetings with the Engineer’s approval.

7-12 Responsibility for Damages, Claims, etc.

7-12.1 Contractor to Provide Indemnification: The Contractor shall indemnify and

hold harmless the Department, its officers and employees from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or in tentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the construction Contract. It is specifically agreed between the parties executing this Contract that it is not intended by any of th e provisions of any part of the Contract to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries or property damage pursuant to the ter ms or provisions of this Contract.

7-12.2 Guaranty of Payment for Claims: The Contractor guaranties the payment of all

just claims for materials, supplies, tools, or labor and other just claims against him or any subcontractor, in connection with the Cont ract. The Department’s final acceptance and payment does not release the Contractor’s bond until all such claims are paid or released.

7-13 Insurance.

7-13.1 Workers’ Compensation Insurance: Provide Workers’ Compensation Insurance

in accordance with Flori da’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” o r employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include oper ators or other personnel who are employees of independent Contractors, sole proprietorships or partners are covered by insurance required under Florida’s Workers' Compensation law.

7-13.2 Commercial General Liability Insurance: Carry Commercial General Li ability

insurance providing continuous coverage for all work or operations performed under the Contract. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Cover age Form (ISO Form CG 00 01) as filed for use in the State of Florida. Cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 f or each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Contract, and may not be shared with or diminished by claims unrelated to the contract. The policy/ies and coverage described herein may be subject to a deductible. Pay all deductibles as required by the policy. No policy/ies or coverage described herein may contain or be subject to a FY 2023-24 Return to Table of Contents Retention or a Self -Insured Retention. Prior to the execution of the Contract, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or f ailure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have.

7-13.3 Insuranc e Required for Construction at Railroads: When the Contract includes

the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right -of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right -of-way, you shall, in addition to the insurance coverage required pursuant to 7 -13.2 above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to subsection 7 -13.2 above . At the preconstruction conference , and at all renewal periods which occur prior to final acceptance of the work, both the Department an d the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates s hall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have.

7-13.4 Insurance for Protection of Utility Owners: When the Contract involves work

on or in the v icinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the policy/ies procured pursuant to subsection 7 -13.2 above.

7-14 Contractor’s Responsibility for Work.

The Contractor will t ake charge and custody of the Work and take every necessary precaution against damage to the Work, by the action of the elements or from any other cause whatsoever, until the Department’s final acceptance of the Work. The Contractor will rebuild, repair, restore, and make good, all damage to any portion of the Work occasioned by any of the above causes before final acceptance of the Contract. The Department will have no obligation to pay any reimbursement for damage caused by the execution or nonexecution of the Work by the Contractor or its sub ‐contractors, or damage the Contractor was negligent in preventing. For damage to installed material caused by third parties, the Contractor may pursue recovery from the third party or seek reimbursement from the De partment, but not both. The Department will not reimburse the Contractor for repair costs due to damage to installed material caused by known third parties unless the Contractor has contacted law enforcement within 14 days of the damage, filed a report, an d provided the report to the Department within 14 calendar days of receiving the report from law enforcement. Upon submission of the report to FY 2023-24 Return to Table of Contents the Department, the Department solely retains the right to pursue recovery from the known third party. If damage to installed material is caused by a known third party, the Department will reimburse the Contractor for costs associated with the repair after reducing the amount of the repair cost by a $2000.00 deductible for each occurrence, borne solely by the Contrac tor. If the Department is successful in recovery, the Contractor may be reimbursed proportionally, up to the amount of the deductible. If damage to installed material other than guardrail, guardrail transitions and end treatments, and crash cushions is c aused by an unknown third party, the Department will reimburse the contractor for 50% of the cost of the repair after reducing the amount of the repair cost by a $2000.00 deductible for each occurrence, borne solely by the Contractor. Repair costs for damage to guardrail, guardrail transitions and end treatments, and crash cushions installed as part of the work caused by unknown third parties will be reimbursed at the manufacturer’s/distributor’s invoice price for the new materials/parts plus 20% markup. Th e 20% markup is compensation for all necessary work, including but not limited to labor, equipment, supplies and profit , as authorized by the Engineer . Payment for any additional MOT required for the repair of guardrail, guardrail transitions and end treat ments, and crash cushions installed as part of the work will be paid for under the appropriate MOT pay item . Repair cost will be determined in accordance with 4 -4. Theft and vandalism are considered damage caused by an unknown third party. The Departmen t may, at its discretion, reimburse the Contractor for the repair of damage to the Work not caused by a third party and due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to Acts of God, of the public enemy, or of governmental authorities.

7-15 Opening Sections of the Project to Traffic.

Whenever any section of the project is in acceptable condition for use, the Engineer may direct the Contractor to open it to vehicular or p edestrian traffic. The Department’s direction to open a section of the project does not constitute an acceptance of the project, or any part thereof, or waive any Contract provisions. Perform all necessary repairs or renewals, on any section of the project thus opened to traffic under direction from the Engineer, due to defective material or work or to any cause other than ordinary wear and tear, pending completion and the Engineer’s acceptance of the project, at no expense to the Department.

7-16 Wage Rate s for Federal -Aid Projects.

For all projects that include Federal -aid participation, the Special Provisions contain requirements with regard to payment of predetermined minimum wages. Predetermined Wage Rate Decisions (U.S. Department of Labor provided Wa ge Rate Tables) exist for Heavy, Highway, and Building Construction Projects.

7-17 Supplemental Agreements.

Section 337.11 of the Florida Statutes as amended, which prescribe certain limitations on the use of supplemental agreements, are a part of the Con tract.

7-18 Scales for Weighing Materials.

7-18.1 Applicable Regulations: When determining the weight of material for payment,

use scales meeting the requirements of Chapter 531 of Florida Statutes, pertaining to FY 2023-24 Return to Table of Contents specifications, tolerances, and regulation s, as administered by the Bureau of Weights and Measures of the Florida Department of Agriculture.

7-18.2 Base for Scales: Place such scales on a substantial horizontal base to provide

adequate support and rigidity and to maintain the level of the scales.

7-18.3 Protection and Maintenance: Maintain all scale parts in proper condition as to

level and vertical alignment, and f ully protect them against contamination by dust, dirt, and other matter that might affect their operation.

7-19 Source of Forest Products.

As required by Section 255.2575 of the Florida Statutes, where price, fitness and quality are equal, and when available, use only timber, timber piling, or other forest products that are produced and manufactured in the State of Florida. This provision does not apply to Federal -aid projects.

7-20 Regulations of Air Pollution from Asphalt Plants.

7-20.1 General: Perform all work in accordance with all Federal, State, and local laws

and regulations regarding air pollution and burning. In particular, pay attention to Chapters 62- 210 and 62 -256, Rules of the Department of Environmental Protection, Florida Administrati ve Code, and to any part of the State Implementation Plan applicable to the project. See also

110-9.2 regarding burning of debris.

7-20.2 Dust Control: Control dust during the storage and handling of dusty materials by

wetting, covering, or other means as approved by the Engineer.

7-20.3 Asphalt Material: Use only emulsified asphalt, unless otherwise stated in the

Plans and allowed by Chapter 62-210, Rules of the Department of Environmental Protection, Florida Administrative Code. Store and handle asphalt materials and components so as to minimize unnecessary release of hydrocarbon vapors.

7-20.4 Asphalt Plants: Operate and maintain asphalt plants in accordance with

Chapter 62-210, Rules of the Department of Environmental Protection, Florida Administrativ e Code. Provide the plant site with a valid permit as required under Chapter 62-210 prior to start of work.

7-21 Dredging and Filling.

Section 370.033 of the Florida Statutes, requires that all persons, who engage in certain dredge or fill activities in t he State of Florida, obtain a certificate of registration from the Florida Department of Environmental Protection, Tallahassee, Florida 32301, and that they keep accurate logs and records of all such activities for the protection and conservation of the na tural resources. Obtain details as to the application of this law from the Department of Environmental Protection.

7-22 Available Funds.

For Contracts in excess of $25,000 or a term for more than one year, comply with the following provisions of Chapter 339 of the Florida Statutes: The Department will not, during any fiscal year, expend money, incur any liability, or enter into any Contract that, by its terms, involves the expenditures of money in excess of the amounts budgeted as available for expenditur e during such fiscal year. If the Department enters into such a Contract, verbal or written, in violation of this subsection, such Contract is null and void, and the Department will not make any payments thereon. The Department will require a FY 2023-24 Return to Table of Contents statement fro m the Department ’s comptroller that funds are available prior to entering into any such Contract or other binding commitment of funds. Nothing herein contained prevents the Department from executing Contracts for a period exceeding one year, but the Depart ment will make such Contracts executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. The Department will incorporate this paragraph verbatim in all Contracts in excess of $25,000 or having a term fo r more than one year.

7-23 Contractor’s Motor Vehicle Registration.

The Contractor shall provide the Department with proof that all motor vehicles operated or caused to be operated by such Contractor are registered in compliance with Chapter 320 of the Florida Statutes. Submit such proof of registration on Department Form 700-010-52. The Department will not make payment to the Contractor until the required proof of registration is on file with the Department. If the Contractor fails to register any motor vehicle that he operates in Florida, pursuant to Chapter 320 of the Florida Statutes, the Department may disqualify the Contractor from bidding, or the Department may suspend and revoke the Contractor’s certificates of qualification.

7-24 Disadvantaged Bu siness Enterprise Program.

7-24.1 Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of

the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract.

7-24.2 Required Contract and Subcontract DBE Assurance Language: In accordance

with 49 CFR 26.13 (b), the Contract FDOT signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: “The Contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administrat ion of DOT -assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate , which may include, but is not limited to,

7-24.3 Plan Requirements: Include the following in the DBE Affirmative Action

Program Plan:

7-24.4 DBE Records and Reports: Submit the following through the Equal Opportunity

Compliance System:

7-24.5 Counting DBE Partici pation and Commercially Useful Functions:

49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE . DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certi fied. When reporting DBE Commitments, only include the FY 2023-24 Return to Table of Contents dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously reported or to a dd DBEs not initially reported . When a DBE participates in a contract, the value of the work is d etermined in accordance with 49 CFR Part 26.55, for example:

7-24.6 Prompt Payments : Meet the requirements of 9 -5 for payments to all DBE

subcontrac tors.

7-25 On-The-Job Training Requirements.

As part of the Contractor’s equal employment opportunity affirmative action program, training shall be provided as follows: The Contractor shall provide On -The-Job Training aimed at developing full journeymen in the type of trade or job classification involved in the work. In the event the Contractor subcontracts a portion of the contract work, it shall determine how many, if any, of the trainees are to be trained by the subcontractor provided, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this Section . Ensure that, when feasible, 25% of trainees in each occupation are in their first year of training. The Contractor shall incorporate the r equirements of this Section into such subcontract. The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and the scope of work to be performed. The trainee goal will be finalized at a Post -Preconstruct ion Trainee Evaluation Meeting and the goal will be distributed among the work classifications based on the following criteria:

8-1 Subletting or Assigning of Contracts.

Do not, sell, transfer, assign or otherwise dispose of the Contract or Contracts or any portion thereof, or of the right, title, or interest therein, without written consent of the Department. If the Contractor chooses to sublet any portion of the Contract , the Contractor must submit a written request to sublet work on the Certification of Sublet Work form developed by the Department for this purpose. With the Engineer’s acceptance of the request, the Contractor may sublet a portion of the work, but shall p erform with its own organization work amounting to not less than 40% of the total Contract amount. The Certification of Sublet Work request will be deemed acceptable by the Department, for purposes of the Department’s consent, unless the Engineer notifies the Contractor within 5 business days of receipt of the Certification of Sublet Work that the Department is not consenting to the requested subletting. Include in the total Contract amount the cost of materials and manufactured component products, and the ir transportation to the project site. For the purpose of meeting this requirement the Department will not consider off -site commercial production of materials and manufactured component products that the Contractor purchases, or their transportation to th e project, as subcontracted work. If the Contractor sublets a part of a Contract item, the Department will use only the sublet proportional cost in determining the percentage of subcontracted normal work. Execute all agreements to sublet work in writing and include all pertinent provisions and requirements of the Contract. All other agreements must be in writing and reference all applicable Contract provisions. Upon request, submit to the Department a copy of the subcontract and agreement. The subletting of work does not relieve the Contractor or the surety of their respective liabilities under the Contract. The Department recognizes a subcontractor only in the capacity of an employee or agent of the Contractor, and the Engineer may require the Contractor to remove the subcontractor as in the case of an employee.

8-2 Work Performed by Equipment -Rental Agreement.

The limitations set forth in 8 -1, concerning the amount of work that may be sublet, do not apply to work performed by equipment -rental agreement. However, for any work proposed to be performed by equipment -rental agreement, notify the Engineer in writing of such intention before using the rented equipment, and indicate whether the equipment will be rented on an operated or non -operated basis. Inclu de with the written notice a listing and description of the equipment and a description of the particular work to be performed with such equipment. As an exception to the above requirements, the Department will not require written notice for equipment to b e rented (without operators) from an equipment dealer or from a firm whose principal business is the renting or leasing of equipment. The operators of all rented equipment, whether rented on an operated or a non -operated basis, are subject to all wage rat e requirements applicable to the project. When renting equipment without operators, the Contractor shall carry the operators on his own payroll. For equipment that is rented on an operated basis, and when required by the Contract or requested by the Engine er, submit payrolls from the lessor with the names of the operators shown thereon. FY 2023-24 Return to Table of Contents