9-1 Measurement of Quantities.
9-1.1 Measurement Standards: The Engineer will measure all work completed under
the Contract in accordance with the United States Standard Measures.
9-1.2 Method of Measurements: The Engineer will take all measurements horizontally
or vertically.
9-1.3 Determination of Pay Areas:
9-1.3 1 Final Calculation: When measuring items paid for on the basis of area of
finished work, where the pay quantity is designated to be determined by calculation, the Engineer will use lengths and widths in the calculations based on the station to stat ion dimensions shown in the Plans; the station to station dimensions actually constructed within the limits designated by the Engineer; or the final dimensions measured along the surface of the completed work within the neat lines shown in the Plans or des ignated by the Engineer. The Engineer will use the method or combination of methods of measurement that reflect, with reasonable accuracy, the actual surface area of the finished work as the Engineer determines.
9-1.3 2 Plan Quantity: When measuring item s paid for on the basis of area of
finished work, where the pay quantity is designated to be the plan quantity, the Engineer will determine the final pay quantity based on the plan quantity subject to the provisions of 9 -3.2. Generally, the Engineer will c alculate the plan quantity using lengths based on station to station dimensions and widths based on neat lines shown in the Plans.
9-1.4 Construction Outside Authorized Limits: The Engineer will not pay for surfaces
constructed over a greater area than au thorized, or for material that the Contractor has moved from outside of slope stakes and lines shown in the Plans, except where the Engineer provides written instruction for the Contractor to perform such work.
9-1.5 Truck Requirements : Provide all trucks with numbers and certify that all trucks
used have a manufacturer’s certification or permanent decal showing the truck capacity rounded to the nearest tenth of a cubic yard placed on both sides of the truck. This capacity will include the truck body only and any side boards added will not be included in the certified truck body capacity. Ensure the lettering and numbers are legible for identification purposes at all times.
9-1.6 Ladders and Instrument Stands for Bridge Projects: On bridge projects, in
order to facilitate necessary measurements, provide substantial ladders to the tops of piers and bents, and place and move such ladders as the Engineer directs. For bridge projects crossing water or marshy areas, supply fixed stands for instrument mounting and measurements, in accordance with the details stipulated in the Specifications for the project.
9-2 Scope of Payments.
9-2.1 Items Included in Payment: Accept the compensation as provided in the Contract
as full payment for furnishing all materials and for performing all work contemplated and embraced under the Contract; also for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encounter ed in the prosecution of the work until its final acceptance; also for all other costs incurred under the provisions of Division I. FY 2023-24 Return to Table of Contents For any item of work contained in the proposal, except as might be specifically provided otherwise in the basis of payment clause for the item, include in the Contract unit price (or lump sum price) for the pay item or items the cost of all labor, equipment, materials, tools and incidentals required for the complete item of work, including all requirements of the Section specifying such item of work, except as specifically excluded from such payments.
9-2.1 1 Fuel : The Department will, in the Contract Documents, provide an
estimated quantity for fuel requirements for diesel to cover the Work specified in the Contract. Price adjustments will be made only for the amount of diesel fuel estimated by the Department as required to complete the Contract. The requirement of fuel for each pay item is estimated by multiplying the Department’s standard fuel factor for that pay item by the quantity of that pay item. On Contracts with an original Contract Time in excess of 120 calendar days, the Department will make price adjustments on each applicable progress estimate to reflect increases or decreases in the price of diesel from those in effect during the month in which bids were received. The Contractor will not be given the option of accepting or rejecting these adjustments. Price adjustments for fuel will be made only when the current fuel price (CFP) varies by more than 5% from the price prevailing in the month when bids were rece ived (BFP), and then only on the portion that exceeds 5%. Price adjustments will be based on the monthly bulk average price for diesel as derived by the Department. These average indexes shall be determined by averaging bulk fuel prices on the first day of each month as quoted by major oil companies that are reasonably expected to furnish fuel for projects in the State of Florida. Average price indices for will be available on the Construction Office website before the 15th of each month, at the following URL: https://www.fdot.gov/construction/fuel -bit/fuel-bit.shtm. Payment will be based on the quantities shown on the progress estimate on all items for which established standard fuel factors are on a file maintained by the Department. Payment on progress estimates will be adjusted to reflect adjustments in the prices for diesel in accordance with the following: When fuel prices have decreased between month of bid and month of this progress estimate: Ai = Fi (Pi - 0.95 Pb) during a period of decreasing prices. Ai = Total dollar amount - positive or negative - of the cost adjustment for fuel used by the Contractor during the month “i.” Fi = Total g allons calculated as being used during the month. Pi = Average price for fuel prevailing during month “i.” Pb = Average price for fuel prevailing during the month “b” when bids were received on this Contract. When fuel prices have increased between month of bid and month of this progress estimate: Ai = Fi (Pi - 1.05 Pb) during a period of increasing prices. Ai = Total dollar amount - positive or negative - of the cost adjustment for fuel used by the Contractor during the mo nth “i.” Fi = Total gallons calculated as being used during the month. Pi = Average price for fuel prevailing during month “i.” Pb = Average price for fuel prevailing during the month “b” when bids were received on this Contract. FY 2023-24 Return to Table of Contents Payment wil l be made on the current progress estimate to reflect the index difference at the time Work was performed. Adjustments will be paid or charged to the Prime Contractor only. Any Contractor receiving an adjustment under this provision shall distribute the proper proportional part of such adjustment to subcontractors who perform applicable Work.
9-2.1 2 Bituminous Material: Prepare a Contractor’s Certification of Quantities,
using the Department’s current approved form for Superpave Asphalt Base, Driveway Asphalt Base, Asphalt Treated Permeable Base, Superpave Asphaltic Concrete, Miscellaneous Asphalt Pavement , Asphalt Concrete Friction Course, and Asphalt Membrane Interlayer pay items. Submit this certification to the Engineer no later than Twelve O’clock noon Monday after the estimate cut -off or as directed by the Engineer, based on the quantity of asphalt produced and accepted on the roadway per Contract. Ensure the certification includes the Contract Number, Financial Project Identification (FPID) Numbe r, Certification Date and Number, the period the certification represents and the tons produced for each asphalt pay item. On Contracts having an original Contract Time of more than 365 calendar days, or more than 5,000 tons of asphalt concrete, the Dep artment will adjust the bid unit price for bituminous material, excluding cutback and emulsified asphalt to reflect increases or decreases in the Asphalt Price Index (API) of bituminous material from that in effect during the month in which bids were recei ved. The Contractor will not be given the option of accepting or rejecting this adjustment. Bituminous adjustments will be made only when the current API (CAPI) varies by more than 5% of the API prevailing in the month when bids were received (BAPI), and t hen only on the portion that exceeds 5%. The Department will determine the API for each month by averaging quotations in effect on the first day of the month at all terminals that could reasonably be expected to furnish bituminous material to projects i n the State of Florida. The API will be available on the Construction Office website before the 15th day of each month at the following URL: https://www.fdot.gov/construction/fuel -bit/fuel- bit.shtm. Payment on progress estimates will be adjusted to reflect adjustments in the prices for bituminous materials in accordance with the following: $ Adjustment = (ID)(Gallons) Where ID = Index Dif ference = [CAPI - 0.95(BAPI)] when the API has decreased between the month of bid and month of this progress estimate. Where ID = Index Difference = [CAPI - 1.05(BAPI)] when the API has increased between the month of bid and month of this progress esti mate. Payment will be made on the current progress estimate to reflect the index difference at the time work was performed. For asphalt concrete items payable by the ton or square yard, the number of gallons will be determined assuming a mix design w ith 6.25% liquid asphalt weighing 8.58 pounds per gallon . For asphalt concrete items payable by the cubic yard, the number of gallons will be determined assuming a mix design with 3% liquid asphalt weighing 8.58 pounds per gallon .
9-2.2 Non-Duplication of Payment : In cases where the basis of payment clause in these
Specifications relating to any unit price in the bid schedule requires that the unit price cover and be considered compensation for certain work or material essential to the it em, the Department FY 2023-24 Return to Table of Contents will not measure or pay for this same work or material under any other pay item that may appear elsewhere in these Specifications.
9-3 Compensation for Altered Quantities.
9-3.1 General: When alteration in Plans or quantities of work no t requiring a
supplemental agreement as hereinbefore provided for are offered and performed, the Contractor shall accept payment in full at Contract unit bid prices for the actual quantities of work done, and no allowance will be made for increased expense , loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor, resulting either directly from such alterations, or indirectly from unbalanced allocation among the Contract items of overhead expense on the part of th e bidder and subsequent loss of expected reimbursement therefore, or from any other cause. Compensation for alterations in Plans or quantities of work requiring supplemental agreements shall be stipulated in such agreement, except when the Contractor proceeds with the work without change of price being agreed upon, the Contractor shall be paid for such increased or decreased quantities at the Contract unit prices bid in the Proposal for the items of work. If no Contract unit price is provided in the Contr act, and the parties cannot agree as to a price for the work, the Contractor agrees to do the work in accordance with 4 -3.2.
9-3.2 Payment Based on Plan Quantity :
9-3.2 1 Error in Plan Quantity: As used in this Article, the term “substantial
error” is d efined as the smaller of (1) or (2) below:
1.a difference between the original plan quantity and final quantity of more than 5%,
2.a change in quantity which causes a change in the amount payable of more than $5,000. On multiple job Contracts, changes made to an individual pay item due to substantial errors will be based on the entire Contract quantity for that pay item. Where the pay quantity for any item is designated to be the original plan quantity, the Department will revise such quanti ty only in the event that the Department determines it is in substantial error. In general, the Department will determine such revisions by final measurement, plan calculations, or both, as additions to or deductions from plan quantities. In the event t hat either the Department or the Contractor contends that the plan quantity for any item is in error and additional or less compensation is thereby due, the claimant shall submit, at their own expense, evidence of such in the form of acceptable and verifiable measurements or calculations. The Department will not revise the plan quantity solely on the basis of a particular method of construction that the Contractor selects. For earthwork items, the claimant must note any differences in the existing surfaces from that shown in the Plans that would result in a substantial error to the plan quantity, and must be properly documented by appropriate verifiable level notes, acceptable to both the Contractor and the Department, prior to disturbance of the existing su rface by construction operations. The claimant shall support any claim based upon a substantial error for differences in the existing surface by documentation as provided above.
9-3.2 2 Authorized Changes in Limits of Work: Where the Department
designate s the pay quantity for any item to be the original plan quantity and authorizes a plan change which results in an increase or decrease in the quantity of that item, the Department will revise the plan quantity accordingly. In general, the Department will d etermine such revisions by final measurement, plan calculations or both. FY 2023-24 Return to Table of Contents
9-3.2 3 Specified Adjustments to Pay Quantities: Do not apply the limitations
specified in 9 -3.2.1 and 9 -3.2.2 to the following:
1.Where these Specifications or Special Provisio ns provide that the Department determines the pay quantity for an item on the basis of area of finished work adjusted in accordance with the ratio of measured thickness to nominal thickness.
2.Where these Specifications provide for a deduction due to t est results falling outside of the allowable specified tolerances.
3.To payment for extra length fence posts, as specified in 550 -6.3.
9-3.3 Lump Sum Quantities :
9-3.3 1 Error in Lump Sum Quantity: Where the Department designates the
pay quantity fo r an item to be a lump sum and the Plans show an estimated quantity, the Department will adjust the lump sum compensation only in the event that either the Contractor submits satisfactory evidence or the Department determines and furnishes satisfactory evi dence that the lump sum quantity shown is in substantial error as defined in 9 -3.2.1.
9-3.3 2 Authorized Changes in Work: Where the Department designates the pay
quantity for an item to be a lump sum and the Plans show an estimated quantity, the Departme nt will adjust compensation for that item proportionately when an authorized plan change is made which results in an increase or decrease in the quantity of that item. When the Plans do not show an estimated plan quantity or the applicable specifications d o not provide adjustments for contingencies, the Department will compensate for any authorized plan change resulting in an increase or decrease in the cost of acceptably completing the item by establishing a new unit price through a supplemental agreement as provided in 4 -3.2.
9-3.4 Deviation from Plan Dimensions: If the Contractor fails to construct any item to
Plan or to authorized dimensions within the specified tolerances, the Engineer, at his discretion will: require the Contractor to reconstruct the work to acceptable tolerances at no additional cost to the Department; accept the work and provide the Contractor no pay; or accept the work and provide the Contractor a reduced final pay quantity or reduced unit price. The Department will not make reductions to final pay quantities for those items designated to be paid on the basis of original plan quantity or a lump sum quantity under the provisions of this Article unless such reduction results in an aggregate monetary change per item of m ore than $100, except that for earthwork items, the aggregate change must exceed $5,000 or 5% of the original plan quantity, whichever is smaller. If, in the opinion of the Engineer, the Contractor has made a deliberate attempt to take advantage of the con struction tolerances as defined in 120 -12.1 to increase borrow excavation in fill sections or to decrease the required volume of roadway or lateral ditch excavation or embankment, the Department will take appropriate measurements and will apply reductions in pay quantities. The Department will not use the construction tolerance, as defined in 120-12.1, as a pay tolerance. The construction tolerance is not to be construed as defining a revised authorized template.
9-4 Deleted Work.
The Department will have the right to cancel the portions of the Contract relating to the construction of any acceptable item therein, by making an adjustment in payment to the Contractor of a fair and equitable amount covering the value of all cancelled work less all items of cost incurred prior to the date that the Engineer cancels the work. FY 2023-24 Return to Table of Contents
9-5 Partial Payments.
9-5.1 General: The Engineer will make partial payments on monthly estimates based on
the amount of work that the Contractor completes during the month (including delive ry of certain materials, as specified herein below). The Engineer will make approximate monthly payments, and the Department will correct all partial estimates and payments in the subsequent estimates and in the final estimate and payment. The Department will base the amount of such payments on the total value of the work that the Contractor has performed to the date of the estimate, based on the quantities completed and the Contract prices, less payments previously made and less any retainage withheld. Retainage will not be withheld until the percent of Contract Time used exceeds 75%. From that time forward, the Department will withhold retainage of 10% of the amount due on the current estimate as retainage when the percent of Contract Time used exceed s the percent of Contract amount earned by more than 15%. Contract amount is defined as the original Contract amount adjusted by approved supplemental agreements. Retainage will be determined for each job on multiple job Contracts. The Department will not accept Securities, Certificates of Deposit or letters of credit as a replacement for retainage. Amounts withheld will not be released until payment of the final estimate.
9-5.2 Unsatisfactory Payment Record: In accordance with Sections 255.05 and 337. 16
of the Florida Statutes, and the rules of the Department, the Department may disqualify the Contractor from bidding on future Department contracts if the Contractor’s payment record in connection with contract work becomes unsatisfactory.
9-5.3 Withhol ding Payment :
9-5.3 1 Withholding Payment for Defective Work: If the Department discovers
any defective work or material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity of any part of the completed work prio r to final acceptance, then the Department will not allow payment for such defective or questioned work until the Contractor has remedied the defect and removed any causes of doubt.
9-5.3 2 Withholding Payment for Failure to Comply: The Department will
withhold progress payments from the Contractor if he fails to comply with any or all of the following within 60 days after beginning work:
1.Comply with and submit required documentation relating to prevailing wage rate provisions, Equal Employment Oppo rtunity, On -The-Job Training, and Affirmative Action;
2.Comply with the requirement to report all necessary information, including actual payments to DBEs, all other subcontractors and major suppliers, through the Internet based Equal Opportunity Repor ting System;
3.Comply with or make a good faith effort to ensure employment opportunity for minorities and females in accordance with the required contract provisions for Federal Aid Construction Contracts, and
4.Comply with or make a good faith ef fort to meet On -The-Job Training goals. The Department will withhold progress payments until the Contractor has satisfied the above conditions. FY 2023-24 Return to Table of Contents
9-5.4 Release of Retainage After Acceptance: When the Contractor has furnished the
Department with all submi ttals required by the Contract, such as invoices, EEO reports, materials certifications, certification of materials procured, etc., (excluding Contractor’s letter of acceptance of final amount due and Form 21-A release) and the Engineer has determined that the measurement and computation of pay quantities is correct, the Department may reduce the retainage to $1,000 plus any amount that the Department elects to deduct for defective work as provided in 9 -5.3. The Department may deduct from payment estimate s any sums that the Contractor owes to the Department on any account. Where more than one project or job (separate job number) is included in the Contract, the Department will distribute the reduced retainage as provided in the first paragraph of this subarticle to each separate project or job in the ratio that the Contract value of the work for the particular job bears to the total Contract amount.
9-5.5 Partial Payments for Delivery of Certain Materials :
9-5.5 1 General: The Department will allow parti al payments for new materials
that will be permanently incorporated into the project and are stockpiled in approved locations in the project vicinity. Stockpile materials so that they will not be damaged by the elements and in a manner that identifies the project on which they are to be used. The following conditions apply to all payments for stockpiled materials:
1.There must be reasonable assurance that the stockpiled material will be incorporated into the specific project on which partial payment is made.
2.The stockpiled material must be approved as meeting applicable specifications.
3.The total quantit y for which partial payment is made shall not exceed the estimated total quantity required to complete the project.
4.The Contractor shall submit to the Engineer certified invoices to document the value of the materials received. The amount of the par tial payment will be determined from invoices for the material up to the unit price in the Contract.
5.Delivery charges for materials delivered to the jobsite will be included in partial payments if properly documented.
6.Partial payments will no t be made for materials which were stockpiled prior to award of the Contract for a project.
9-5.5 2 Partial Payment Amounts: The following partial payment restrictions
apply:
1.Partial payments less than $5,000 for any one month will not be processed .
2.Partial payments for structural steel and precast prestressed items will not exceed 85% of the bid price for the item. Partial payments for all other items will not exceed 75% of the bid price of the item in which the material is to be used.
3.Partial payment will not be made for aggregate and base course material received after paving or base construction operations begin except when a construction sequence designated by the Department requires suspension of paving and base construction after t he initial paving operations, partial payments will be reinstated until the paving and base construction resumes.
9-5.5 3 Off Site Storage: If the conditions of 9 -5.5.1 are satisfied, partial
payments will be allowed for materials stockpiled in approved in -state locations. Additionally, FY 2023-24 Return to Table of Contents partial payments for materials stockpiled in approved out -of-state locations will be allowed if the conditions of 9 -5.5.1 and the f ollowing conditions are met:
1.Furnish the Department a Materials Bond stating the supplier guarantees to furnish the material described in the Contract to the Contractor and Department. Under this bond, the Obligor shall be the material supplier and t he Obligees shall be the Contractor and the Florida Department of Transportation. The bond shall be in the full dollar amount of the bid price for the materials described in the contract.
2.The following clauses must be added to the construction Contra ct between the Contractor and the supplier of the stockpiled materials: “Notwithstanding anything to the contrary, <supplier> will be liable to the Contractor and the Florida Department of Transportation should <supplier> default in the performance of this agreement.” “Notwithstanding anything to the contrary, this agreement, and the performance bond issued pursuant to this agreement, does not alter, modify, or otherwise change the Contractor’s obligation to furnish the materials described in this a greement to the Florida Department of Transportation.”
3.The agreement between the Contractor and the supplier of the stockpiled materials must include provisions that the supplier will store the materials and that such materials are the property of th e Contractor.
9-5.6 Certification of Payment to Subcontractors: The term “subcontractor,” as used
herein, includes persons or firms furnishing materials or equipment incorporated into the work or stockpiled for which the Department has made partial paymen t and firms working under equipment -rental agreements. The Contractor is required to pay all subcontractors for satisfactory performance of their Contracts before the Department will make a further progress (partial) payment. The Contractor shall also retu rn all retainage withheld to the subcontractors within 30 days after the subcontractor’s work is satisfactorily complete, as determined by the Department. Prior to receipt of any progress (partial) payment, the prime contractor shall certify that all subco ntractors having an interest in the Contract were paid for satisfactory performance of their Contracts and that the retainage is returned to subcontractors within 30 days after satisfactory completion of the subcontractor’s work. Submit this certification in the form designated by the Department. Within 30 days of the Contractor’s receipt of the final progress payment or any other payments thereafter, except the final payment, the Contractor shall pay all subcontractors and suppliers having an interest in the Contract for all work completed and materials furnished. The Department will honor an exception to the above when the Contractor demonstrates good cause for not making any required payment and submits written notification of any such good cause to bot h the Department and the affected subcontractors or suppliers within said 30 day period. The Contractor shall indemnify and provide defense for the Department when called upon to do so for all claims or suits against the Department, by third parties, per taining to Contractor payment or performance issues arising out of the Contract. It is expressly understood that the monetary limitation on the extent of the indemnification shall be the approved Contract amount, which shall be the original Contract amount as may be increased by subsequent Supplemental Agreements. FY 2023-24 Return to Table of Contents
9-6 Record of Construction Materials.
9-6.1 General: For all construction materials used in the construction of the project,
(except materials exempted by 9 -6.2), preserve for the Department’s in spection the invoices and records of the materials for a period of three years from the date of completion of the project. Apply this requirement when subcontractors purchase materials, and obtain the invoices and other materials records from the subcontra ctors. By providing the materials, the Contractor certifies that all invoices will be maintained for the required period.
9-6.2 Non-Commercial Materials: The provisions of 9 -6.1 do not apply to materials
generally classed as non -commercial, such as fill m aterials, local sand, sand -clay, or local materials used as stabilizer.
9-7 Disputed Amounts Due the Contractor.
The Department reserves the right to withhold from the final estimate any disputed amounts between the Contractor and the Department. The Depa rtment will release all other amounts due, as provided in 9 -8.
9-8 Acceptance and Final Payment.
9-8.1 Acceptance and Final Payment Documents: Whenever the Contractor has
completely performed the work provided for under the Contract and the Engineer has p erformed a final inspection and made final acceptance (as provided in 5 -10 and 5-11), and subject to the terms of 8 -11, the Engineer will prepare a final estimate showing the value of the work as soon as the Engineer makes the necessary measurements and co mputations. The Engineer will correct all prior estimates and payments in the final estimate and payment. The Department will pay the estimate, less any sums that the Department may have deducted or retained under the provisions of the Contract, as soon as practicable after final acceptance of the work, along with all executed supplemental agreements received after final acceptance. If the Contractor fails to furnish all required Contract Documents as listed in (1) through (9) below within 90 days of the Department’s offer of final payment or request for refund of overpayment, the Department may suspend the Contractor’s Certificate of Qualification under the provisions of Florida Administrative Code 14-22.
1.The Contractor has agreed in writing to accept the balance due or refund the overpayment, as determined by the Department, as full settlement of his account under the Contract and of all claims in connection therewith, or the Contractor, has through the use of the Qualified Acceptance Letter, accepted the balance due or refunded the overpayment, as determined by the Department, with the stipulation that his acceptance of such pa yment or the making of such refund does not constitute any bar, admission, or estoppel, or have any effect as to those payments in dispute or the subject of a pending claim between the Contractor and the Department. To receive payment based on a Qualified Acceptance Letter, define in writing the dispute or pending claim with full particular of all items of all issues in dispute, including itemized amounts claimed for all particulars of all items, and submit it as part of the Qualified Acceptance Letter. The Contractor further agrees, by submitting a Qualified Acceptance Letter that any pending or future arbitration claim or suit is limited to those particulars, including the itemized amounts, defined in the original Qualified Acceptance Letter, and that he w ill commence with any such arbitration claim or suit within 820 calendar days from and after the time of final acceptance of the work and that his failure to file a formal claim within this period constitutes his full acceptance of the Engineer’s final est imate and payment. The overpayment FY 2023-24 Return to Table of Contents refund check from the Contractor, if required, will be considered a part of any Acceptance Letter executed.
2.The Contractor has properly maintained the project, as specified hereinbefore.
3.The Contractor has fur nished a sworn affidavit to the effect that the Contractor has paid all bills and no suits are pending (other than those exceptions listed, if any) in connection with work performed under the Contract and that the Contractor has not offered or made any gif t or gratuity to, or made any financial transaction of any nature with, any employee of the Department in the performance of the Contract. Include with the listed tort liability exceptions, if any, evidence of adequate insurance coverage as required in 7 -13.
4.The surety on the Contract bond consents, by completion of their portion of the affidavit and surety release subsequent to the Contractor’s completion of his portion, to final payment to the Contractor and agrees that the making of such payment do es not relieve the surety of any of its obligations under the bond.
5.The Contractor has complied with and settled all requirements pertaining to any wage -rate provisions.
6.The Contractor has submitted all required mill tests and analysis reports to the Engineer.
7.The Contractor has furnished the Construction Compliance with Specifications and Plans Certification. Provide the Engineer with a notarized final certification of compliance with the requirements of Section 105 to accompany the final estimate. Certification must be on a form provided by the Engineer.
8.The Contractor has submitted and the Department has accepted all as- built drawings and certified survey s.
9.The Contractor has furnished all required manufacturers’ warranties t o the Engineer.
9-8.2 Review of Engineer’s Final Estimate: The Department may review the Engineer’s
final estimate and make changes as necessary. If changes are made, the Contractor will be so notified in writing in the “Notification of Findings Due to Ad ditional Review”. This notification letter will detail the changes made as a result of the review, and will stipulate the actions to be taken by the Department and those required by the Contractor. The issuance of a “Notification of Findings Due to Additio nal Review” will not impact the requirements of 9 -8.1, above. Complete the required actions and submit the signed “Notification of Findings Due to Additional Review” to the Department within the timeframe specified in 9 -8.1. If the “Notification of Findings Due to Additional Review” is received after the time has expired in 9 - 8.1, submit to the Department within 30 days signifying agreement or disagreement with the findings. For disagreement items, submit a full explanation including the items and amount. For any claim or part of a claim that pertains solely to the “Notification of Findings Due to Additional Review” disputes, submit full and complete claim documentation as described in 5 - 12.3 as to such claim dispute issues within 90 days of receipt of the notification. Failure to submit the signed notification or to submit such claim documentation within the time frames specified may result in suspension of the Contractor’s Certificate of Qualification under the provisions of Florida Administrative Code 14-22.
9-9 Interest Due on Delayed Payments.
The Department will determine and pay any interest due the Contractor for delays in final payment in accordance with Section 337.141 of the Florida Statutes. FY 2023-24 Return to Table of Contents
9-10 Offsetting Payments.
Section 337.145 of the Florida Statutes, providing for offsetting payments to the Contractor, is hereby made a part of this Contract:
1.After settlement, arbitration, or final adjudication of any claim of the Department for work done pursuant to a construct ion contract with any party, the Department may offset such amount from payments due for work done on any construction contract, excluding amounts owed to subcontractors, suppliers, and laborers, which it has with the party owing such amount if, upon deman d, payment of the amount is not made within 60 days to the Department.
2.Offsetting any amount pursuant to (1) above shall not be considered a breach of Contract by the Department. FY 2023-24 Return to Table of Contents
Division II
Construction Details GENERAL CONSTRUCTION OPERATIONS SECTION 100 CONSTRUCTION EQUIPMENT -GENERAL REQUIREMENTS
100-1 General.
Unless restricted to a specific type by the Contract Documents or the Engineer, the Contractor may perform the work using equipment, tools, machinery, etc., of his own choosing. Provide a unique alphanumeric identification number on all equipment (other than small tools) used on the project. This number shall be a minimum of 2 inches high and appear on both sides of the equipment. Place the number in such a manner so as to contrast sharply in color with the background on which it is placed. Ensure that the number, which may be painted or otherwise permanently affixed to the equipment, is clearly legible at all times . Upon submittal of Notice of Intent to Claim or Preliminary Time Extension Request, submit in accordance with 5 -12.2, a list showing all equipment (other than small tools) for which the Contractor may request compensation, it’s identification number with serial number, manufacturer, year manufactured, model and description. Update this list to account for equipment moving to or from the project and submit certification weekly, by close of business on Friday, the equipment, its unique number and the dates a nd hours that the equipment was assigned to this project for the proceeding week. No compensation will be made for any equipment used during any time period when the said equipment is not listed in the weekly certification. Failure to submit this information in the time specified may result in the Engineer withholding all Contract Payments until receipt of such information. Note that facilities to be constructed under the Contract are adequate to support only their design loads in their completed constructi on stage. If the Contractor’s equipment or procedures during construction damage any part of the facility, the Contractor will replace or repair it as directed by the Engineer at no expense to the Department.
100-2 Equipment Condition and Approval.
100-2.1 Approval: Provide on site and in due time prior to its need, in working
condition, all equipment to be used in construction of the project, subject to approval or disapproval by the Engineer. Use only factory recommended exhaust mufflers on internal combustion engines. Remove from the job, alter, or repair equipment which is disapproved by the Engineer. Ensure that the number of units, the sizes, etc., of the equipment on hand are adequate to complete the work within the Contract Time.
100-2.2 Maintenanc e: Consistent with public interest, safety, and good practice,
maintain all equipment, tools, and machinery used in a satisfactory working condition throughout the period they are on the job site. Also, provide adequate equipment maintenance procedures to promote continuous satisfactory working condition and minimize noise pollution caused by construction equipment.
100-2.3 Stationary Equipment: Screen all stationary equipment such as pumps,
compressors, generators, etc., from noise sensitive receivers if that equipment is to operate FY 2023-24 Return to Table of Contents
Source: Florida Standard Specifications for Road and Bridge Construction, 2024 Edition. Pages 109–119 of 1,299.