7LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC

SECTION 7 LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC

7-1Laws to be Observed

7-1.1General : 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 FloridaS 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 price, 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. 61 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 provision 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.

7-1.2Plant 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

7-1.3Introduction 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, 62 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.

7-1.4Compliance 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 Documents 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 guidelines are posted at the following URL address: https://fdotwww.blob.core.windows.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 permits 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 results 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.

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

precautions necessary for the protection of life, health, and general occupational welfare of all 63 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.

7-1.6Discov 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.

7-1.7Insecticides , 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 licenses, 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 being 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 Forest 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 organo-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 Applicator license in

accordance with Section 482.1562, F.S. Upon request, submit the current certificates to the

Engineer.

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

prohibits the U. S. Secretary of Transportation from 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 proposed 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 64FY 2023-24Return 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 responsibility 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.

7-1.9Florida 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 businesses

that are Contractors or subcontractors on Department contracts.

The limits of such advances under this program shall be as specified in

will be based 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 participating 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 case 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 is 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 made. 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 10 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.

7-2Permits and Licenses

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

Special Provision expanding this Subarticle, if any, procure all permits and licenses, pay all

charges and fees, and give all notices necessary and incidental to the due and lawful prosecution

of the work. 65FY 2023-24Return 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 regulatory 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 Contractor. 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.

7-2.2Work 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

characterized 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 their 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 regulatory 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 borrow areas, the Department will procure the necessary permits prior

to advertising for bids.

7-2.3As-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 the following information as a minimum:

locations (latitude and longitude), dimensions and elevations of all, including weirs, bleeders,

orifices, gates, pumps, pipes, and oil and grease skimmers. 66FY 2023-24Return to Table of Contents

locations, dimensions and elevations of all, including clean-outs, pipes, connections to control

structures and points of discharge to receiving waters.

identification number, dimensions, elevations, contours or cross-sections of all, sufficient to

determine stage-storage relationships of the storage area and the permanent pool depth and

volume below the control elevation for normally wet systems.

or cross-sections to determine contributing drainage areas, flow directions and conveyance of

runoff to the system discharge points.

cross-sections of systems utilized to divert off-site runoff around or through the new system.

major water control structure).

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 described 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 must 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.

7-3Patented 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.

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

Except as otherwise stipulated in these Specifications or as shown in the Plans, the

Department will furnish all rights-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 specific approval. 67FY 2023-24Return 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 materials for the Project or production of materials or products for the Project.

7-5Restoration 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 items are not

applicable.

7-6Sanitary 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.

7-7Control of the Contractor’s Equipment

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

street, to unreasonably interfere with traffic.

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

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

Motor Vehicle Manual (Trucking Manual), or

bridge by the Department or local authorities.

The governmental unit having jurisdiction over a particular road or bridge may

provide exceptions by special permit under the provisions of 7-7.3.

This restriction applies to all roads and bridges inside and outside the Contract

limits as long as these roads and bridges are open for public use. The Contractor may overload

roads and bridges which are to be demolished after they are permanently closed to the public.

The Contractor is responsible for all loss or damages resulting from equipment operated on a

structure permanently closed to the public.

7-7.3Crossings: Where it is necessary to cross an existing road 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. 68FY 2023-24Return to Table of Contents

7-7.4Protection 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.

7-7.5Contractor’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, resulting from the

following operations:

routing map CRN-2 located on the Office of Maintenance Over-Weight Dimension Permits

website at https://www.fdot.gov/maintenance/owod-permit-documents#BlanketAttachments.

Any pipe culvert(s) or box culvert(s) qualifying as a bridge under 1-3 is excluded

from the requirements above.

A completed bridge structure is a bridge structure in which all elemental

components comprising the load carrying assembly have been completed, assembled, and

connected in their final position. The components to be considered shall also include any related

members transferring load to any bridge structure.

The Contractor’s Engineer of Record shall determine the effect that equipment

loads have on the bridge structure and develop the procedures for using the loaded equipment

without exceeding the structure’s design load capacity.

Submit to the Department for approval the design calculations, layout drawings,

and erection drawings showing how the equipment is to be used so that the bridge structure will

not be overstressed. The Contractor’s Engineer of Record shall sign and seal the drawings and

the cover sheet of the calculations for the Department’s Record Set.

7-7.6Posting 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 hot 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.

7-8Structures over Navigable Waters

7-8.1Compliance 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 control over such waters. Do not obstruct navigation channels without

permission from the proper authority, and provide and maintain navigation lights and signals in 69FY 2023-24Return 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.

7-8.2Maintenance 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.

7-9Use 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 Contractor 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.

7-10Forest Protection

7-10.1Compliance 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, governing 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 for 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.

7-10.2Prevention and Suppression 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. 70FY 2023-24Return to Table of Contents

7-11Preservation of Existing Property

7-11.1General: 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, traffic 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. Unless 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 immediately 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 permanent 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 destroyed

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 fault 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.

7-11.2Failure to Restore 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, 71FY 2023-24Return to Table of Contents

provided that the Contractor, or his employees or agents, have not, through their own fault,

damaged such property.

7-11.3Contractor’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 the 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 project, 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.

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

notification of the flagging services and railroad right-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 include 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 available 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. 72FY 2023-24Return to Table of Contents

7-11.4.1.1 Florida East Coast Railway (FEC): Contact the FEC Signal

Office at 904-279-3182 and FEC 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, do not perform work within or adjacent to the railroad right-of-way

without a flagger present (including temporary 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 Contractor 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 fails 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 available 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 Roadway 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 Transportation

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. Schedule 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 73FY 2023-24Return 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 (CFRC) and SFRC: The

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

safety of railroad operations.

7-11.5Utilities:

7-11.5.1 Arrangements for Protection or Adjustment: Do not commence work

at points where the 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 that 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, losses, 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 determine 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 until 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 requirements 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 Meetings: 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. 74FY 2023-24Return 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.

7-12Responsibility for Damages, Claims, etc

7-12.1Contractor 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 intentional 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 the 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 terms or

provisions of this Contract.

7-12.2Guaranty 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 Contract. The Department’s final acceptance and payment

does not release the Contractor’s bond until all such claims are paid or released.

7-13Insurance

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

in accordance with Florida’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” or 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 operators or

other personnel who are employees of independent Contractors, sole proprietorships or partners

are covered by insurance required under Florida’s Workers' Compensation law.

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

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 Coverage 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 for 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 75FY 2023-24Return 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 failure 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.

7-13.3Insurance 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 and 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 shall 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.

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

on or in the vicinity 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.

7-14Contractor’s Responsibility for Work

The Contractor will take 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 Department, 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, and provided the report to the Department within

14 calendar days of receiving the report from law enforcement. Upon submission of the report to 76FY 2023-24Return 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 Contractor. 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 caused 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. The

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 treatments, 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 Department 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.

7-15Opening 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 pedestrian 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.

7-16Wage Rates 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 Wage Rate Tables) exist for Heavy,

Highway, and Building Construction Projects.

7-17Supplemental 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 Contract.

7-18Scales for Weighing Materials

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

use scales meeting the requirements of Chapter 531 of Florida Statutes, pertaining to 77FY 2023-24Return to Table of Contents

specifications, tolerances, and regulations, as administered by the Bureau of Weights and

Measures of the Florida Department of Agriculture.

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

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

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

level and vertical alignment, and fully protect them against contamination by dust, dirt, and other

matter that might affect their operation.

7-19Source 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.

7-20Regulations of Air Pollution from Asphalt Plants

7-20.1General: 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 Administrative

Code, and to any part of the State Implementation Plan applicable to the project. See also

110-9.2regarding burning of debris.

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

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

7-20.3Asphalt 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.

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

Chapter 62-210, Rules of the Department of Environmental Protection, Florida Administrative

Code. Provide the plant site with a valid permit as required under Chapter 62-210 prior to start of

work.

7-21Dredging and Filling

Section 370.033 of the Florida Statutes, requires that all persons, who engage in certain

dredge or fill activities in the 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 natural

resources. Obtain details as to the application of this law from the Department of Environmental

Protection.

7-22Available 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 expenditure 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 78FY 2023-24Return to Table of Contents

statement from 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 Department 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 for more than one year.

7-23Contractor’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.

7-24Disadvantaged Business Enterprise Program

7-24.1Disadvantaged 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.

7-24.2Required 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 administration 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,

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

Program Plan:

executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all

aspects of contracting to the maximum extent feasible, outlining the various levels of

responsibility, and stating the objectives of the program. Circulate the policy statement

throughout the Contractor’s organization.

well as support staff, necessary and proper to administer the program, and a description of the

authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer

and staff are responsible for developing, managing, and implementing the program on a day-to- 79FY 2023-24Return to Table of Contents

day basis for carrying out technical assistance activities for DBEs and for disseminating

information on available business opportunities so that DBEs are provided an equitable

opportunity to participate in Contracts let by the Department.

which include, but are not limited to:

quantities, specifications, and delivery schedules, and for the preparation and presentation of

quotations.

inability to obtain bonding, financing, or technical assistance.

on contracting procedures and specific contracting opportunities in a timely manner, with such

programs being bilingual where appropriate.

Department.

agencies with programs for disadvantaged individuals for assistance in recruiting and

encouraging eligible DBE contractors to apply for certification with the Department.

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

Compliance System:

Department’s Website, actual payments (including retainage) made to DBEs for work performed

with their own workforce and equipment in the area in which they are certified. Report payments

made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE

construction material and major suppliers.

The Equal Opportunity Office will provide instructions on accessing this system.

Develop a record keeping system to monitor DBE affirmative action efforts which include the

following:

to DBEs;

to DBEs as a percentage of the total Contract amount;

and

Upon request, provide the records to the Department for review.

Maintain all such records for a period of five years following acceptance of final

payment and have them available for inspection by the Department and the Federal Highway

Administration.

7-24.5Counting DBE Participation 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 certified. When reporting DBE Commitments, only include the 80FY 2023-24Return 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 add DBEs not initially reported.

When a DBE participates in a contract, the value of the work is determined in

accordance with 49 CFR Part 26.55, for example:

DBE toward DBE goals. The entire amount of the contract that is performed by the DBE’s own

forces (including the cost of supplies, equipment and materials obtained by the DBE for the

contract work) will be counted as DBE credit.

charged by the DBE firm for providing a bona fide service, such as professional, technical,

consultant, or managerial services or for providing bonds or insurance specifically required for

the performance of a Department-assisted contract, toward DBE goals, provided that the

Department determines the fees to be reasonable and not excessive as compared with fees

customarily followed for similar services.

firm, the Department will count the value of the subcontracted work only if the DBE’s

subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count

toward DBE goals.

Department will count the portion of the dollar value of the contract equal to the distinct, clearly

defined portion of the work the DBE performs with its own forces toward DBE goals.

perform a commercially useful function (CUF) in the work of a contract may be counted toward

the voluntary DBE goal.

for execution of the work of the contract and is carrying out its responsibilities by actually

performing, managing, and supervising the work involved. To perform a commercially useful

function, the DBE must also be responsible, with respect to materials and supplies used on the

contract, for negotiating price, determining quality and quantity, ordering the material, and

installing (where applicable) and paying for the material itself.

provide written notice to the District Contract Compliance Office prior to issuance of the joint

check. The Contractor must also provide a copy of the notice to the DBE subcontractor and

maintain a copy with the project records.

function, the Department will evaluate the amount of work subcontracted, industry practices,

whether the amount the firm is to be paid under the contract is commensurate with the work it is

actually performing and the DBE credit claimed for its performance of the work, and other

relevant factors.

limited to that of an extra participant in a transaction, contract, or project through which funds

are passed in order to obtain the appearance of DBE participation.

of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater 81FY 2023-24Return to Table of Contents

portion of the work of a contract than would be expected on the basis of normal industry practice

for the type of work involved, the DBE has not performed a commercially useful function.

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

subcontractors.

7-25On-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 requirements 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-Preconstruction Trainee Evaluation Meeting and the goal will be distributed

among the work classifications based on the following criteria:

allowance of less than 275 calendar days.

number of trainees shall be established in accordance with the following chart:

Estimated Contract Amount Trainees Required

$2,000,000 or less 0

Over $2,000,000 to $4,000,000 2

Over $4,000,000 to $6,000,000 3

Over $6,000,000 to $12,000,000 5

Over $12,000,000 to $18,000,000 7

Over $18,000,000 to $24,000,000 9

Over $24,000,000 to $31,000,000 12

Over $31,000,000 to $37,000,000 13

Over $37,000,000 to $43,000,000 14

Over $43,000,000 to $49,000,000 15

Over $49,000,000 to $55,000,000 16

Over $55,000,000 to $62,000,000 17

Over $62,000,000 to $68,000,000 18

Over $68,000,000 to $74,000,000 19

Over $74,000,000 to $81,000,000 20

Over $81,000,000 to $87,000,000 21

Over $87,000,000 to $93,000,000 22

Over $93,000,000 to $99,000,000 23

Over $99,000,000 to $105,000,000 24

Over $105,000,000 to $112,000,000 25 82FY 2023-24Return to Table of Contents

Estimated Contract Amount Trainees Required

Over $112,000,000 to $118,000,000 26

Over $118,000,000 to $124,000,000 27

Over $124,000,000 to $130,000,000 28

Over $130,000,000 to *

*One additional trainee per $6,000,000 of estimated Construction Contract amount over

$130,000,000

Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed

later in this Section, a Banking Certificate will be validated at this meeting allowing credit to the

Contractor for previously banked trainees. Banked credits of prime Contractors working as

Subcontractors may be accepted for credit. The Contractor’s Project Manager, the Construction

Project Engineer and the Department’s District Contract Compliance Manager will attend this

meeting. Within ten days after the Post-Preconstruction Training Evaluation Meeting, the

Contractor shall submit to the Department for approval an On-The-Job Training Schedule

indicating the number of trainees to be trained in each selected classification and the portion of

the Contract Time during which training of each trainee is to take place. This schedule may be

subject to change if any of the following occur:

missed by 14 or more days;

termination

The revised schedule will be resubmitted to and approved by the Department’s District

Contract Compliance Manager.

The following criteria will be used in determining whether or not the Contractor has

complied with this Section as it relates to the number of trainees to be trained:

completes training on this Contract. Credit for trainees, over the established number for this

Contract, will be carried in a “bank” for the Contractor and credit will be allowed for those

surplus trainees in subsequent, applicable projects. A “banked” trainee is described as an

employee who has been trained on a project, over and above the established goal, and for which

the Contractor desires to preserve credit for utilization on a subsequent project.

Department’s approved training program on another contract and continues training in the same

job classification and completes their training on a different contract.

available in their classification, is given the greatest practical amount of training on the contract

regardless of whether or not the trainee completes training.

On-The-Job Training Schedule, if the Contractor can demonstrate that a good faith effort to

provide training in that classification was made.

involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action.

Training and upgrading of minorities, women and economically disadvantaged persons

toward journeyman status is a primary objective of this Section. Accordingly, the Contractor

shall make every effort to enroll minority trainees and women (e.g., by conducting systematic 83FY 2023-24Return to Table of Contents

and direct recruitment through public and private sources likely to yield minority and women

trainees) to the extent such persons are available within a reasonable area of recruitment. If a

non-minority male is enrolled into the On-The-Job Training Program, the On-The-Job Training

Notification of Personnel Action Form notifying the District Contract Compliance Manager of

such action shall be accompanied by a disadvantaged certification or a justification for such

action acceptable to the Department’s District Contract Compliance Manager. The Contractor

will be given an opportunity and will be responsible for demonstrating the steps that it has taken

in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with

this Section. This training is not intended, and shall not be used, to discriminate against any

applicant for training, whether a minority, woman or disadvantaged person.

No employee shall be employed as a trainee in any classification in which they have

successfully completed a training course leading to journeyman status, or have been employed as

a journeyman. The Contractor may satisfy this requirement by including appropriate questions in

the employee application or by other suitable means. Regardless of the method used, the

Contractor’s records should document the findings in each case.

The minimum length and type of training for each classification will be as established at

the Post-Preconstruction Trainee Evaluation Meeting and approved by the Department.

Graduation to journeyman status will be based upon satisfactory completion of a Proficiency

Demonstration set up at the completion of training and established for the specific training

classification, completion of the minimum hours in a training classification range, and the

employer’s satisfaction that the trainee does meet journeyman status in the classification of

training. Upon reaching journeyman status, the following documentation must be forwarded to

the District Contract Compliance Office:

standard established for the classification signed by representatives of both the Contractor and

the Department.

The Department and the Contractor shall establish a program that is tied to the scope of

the work in the project and the length of operations providing it is reasonably calculated to meet

the equal employment opportunity obligations of the Contractor and to qualify the average

trainee for journeyman status in the classifications concerned, by at least, the minimum hours

prescribed for a training classification. Furthermore, apprenticeship programs registered with the

U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State

apprenticeship agency recognized by the Bureau and training programs approved but not

necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of

Apprenticeship and Training shall also be considered acceptable provided it is being

administered in a manner consistent with the equal employment obligations of Federal Aid

highway construction contract. Approval or acceptance of a training schedule shall be obtained

from the Department prior to commencing work on the classifications covered by the program.

A voluntary On-The-Job Training Program is available to a Contractor which has been

awarded a state funded project. Through this program, the Contractor will have the option to

train employees on state funded projects for “banked credit” as discussed previously in this

provision, to be utilized on subsequent Federal Aid Projects where training is required. Those

Contractors availing themselves of this opportunity to train personnel on state funded projects

and bank trainee hours for credit shall comply with all training criteria set forth in this Section 84FY 2023-24Return to Table of Contents

for Federal Aid Projects; voluntary banking may be denied by the Department if staff is not

available to monitor compliance with the training criteria.

It is the intention of these provisions that training is to be provided in the construction

crafts rather than clerk-typists or secretarial type positions. Training is permissible in lower level

management positions such as office engineers, estimators, etc., where the training is oriented

toward construction applications. Training in the laborer classifications, except

Common/General Laborer, may be permitted provided that significant and meaningful training is

provided and approved by the District Contract Compliance Office.

When approved in advance by the District Contract Compliance Manager, credit will be

given for training of persons in excess of the number specified herein under the current contract

or a Contractor will be allowed to bank trainees who have successfully completed a training

program and may apply those trainees to a training requirement in subsequent project(s) upon

approval of the Department’s District Contract Compliance Manager. This credit will be given

even though the Contractor may receive training program funds from other sources, provided

such other source do not specifically prohibit the Contractor from receiving other form of

compensation. Offsite training is permissible as long as the training is an integral part of an

approved training program and does not compromise a significant part of the overall training.

Credit for offsite training indicated above may only be made to the Contractor when it does one

or more of the following and the trainees are concurrently employed on a Federal Aid Project:

The Contractor shall compensate the trainee at no less than the laborer rate established in

the Contract at the onset of training. The compensation rate will be increased to the

journeyman’s wage upon graduation from the training program for the remainder of the time the

trainee works in the classification in which they were trained.

The Contractor shall furnish the trainee a copy of the program they will follow in

providing the training. The Contractor shall provide each trainee with a certification showing the

type and length of training satisfactorily completed. The Contractor shall enroll a trainee in one

training classification at a time to completion before the trainee can be enrolled in another

classification on the same project.

The Contractor shall maintain records to document the actual hours each trainee is

engaged in training on work being performed as a part of this Contract.

The Contractor shall submit to the District Contract Compliance Manager a copy of an

On-The-Job Training Notification of Personnel Action form no later than seven days after the

effective date of the action when the following actions occur: a trainee is transferred on the

project, transferred from the project to continue training on another contract, completes training,

is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the

project.

The Contractor shall furnish to the District Contract Compliance Manager a copy of a

Monthly Time Report for each trainee. The Monthly Time Report for each month shall be

submitted no later than the tenth day of the subsequent month. The Monthly Time Report shall

indicate the phases and sub-phases of the number of hours devoted to each proficiency.

Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, and

Timekeeper classifications will not be approved for the On-The-Job Training Program. 85FY 2023-24Return to Table of Contents

The number of trainees may be distributed among the work classifications on the basis of

the Contractor’s needs and the availability of journeymen in the various classifications within a

reasonable area of recruitment.

The Contractor will have fulfilled the responsibilities of this Specification when

acceptable training has been provided to the trainee as specified above. 86FY 2023-24Return to Table of Contents SECTION 8 PROSECUTION AND PROGRESS

8-1Subletting 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.

8-2Work 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 Engineer, submit payrolls from the lessor with the names of the operators shown thereon. 87 FY 2023-24 Return to Table of Contents