9MEASUREMENT AND PAYMENT

SECTION 9 MEASUREMENT AND PAYMENT

9-1Measurement of Quantities

9-1.1Measurement Standards: The Engineer will measure all work completed under

the Contract in accordance with the United States Standard Measures.

9-1.2Method of Measurements: The Engineer will take all measurements horizontally

or vertically.

9-1.3Determination 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 station 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 items 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.

9-1.4Construction 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.

9-1.5Truck 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.

9-1.6Ladders 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.

9-2Scope of Payments

9-2.1Items 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 encountered in the prosecution of the work until its final acceptance; also for all other costs incurred under the provisions of Division I. 101 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. 102 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 .

9-2.2Non-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 103 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.

9-3Compensation for Altered Quantities

9-3.1General: 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.

9-3.2Payment Based on Plan Quantity :

9-3.2.1 Error in Plan Quantity: As used in this Article, the term “substantial

error” is defined as the smaller of (1) or (2) below:

of more than 5%,

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 quantity 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 that 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 surface 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

designates 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 determine such revisions by

final measurement, plan calculations or both. 104FY 2023-24Return 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:

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.

falling outside of the allowable specified tolerances.

9-3.3Lump Sum Quantities:

9-3.3.1 Error in Lump Sum Quantity: Where the Department designates the

pay quantity for 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 evidence

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 Department

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 do 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.

9-3.4Deviation 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 more 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 construction 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.

9-4Deleted 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. 105FY 2023-24Return to Table of Contents

9-5Partial Payments

9-5.1General: The Engineer will make partial payments on monthly estimates based on

the amount of work that the Contractor completes during the month (including delivery 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 exceeds 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.

9-5.2Unsatisfactory 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.

9-5.3Withholding 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 prior 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:

wage rate provisions, Equal Employment Opportunity, On-The-Job Training, and Affirmative

Action;

including actual payments to DBEs, all other subcontractors and major suppliers, through the

Internet based Equal Opportunity Reporting System;

opportunity for minorities and females in accordance with the required contract provisions for

Federal Aid Construction Contracts, and

goals.

The Department will withhold progress payments until the Contractor has

satisfied the above conditions. 106FY 2023-24Return to Table of Contents

9-5.4Release of Retainage After Acceptance: When the Contractor has furnished the

Department with all submittals 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 estimates 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.

9-5.5Partial Payments for Delivery of Certain Materials:

9-5.5.1 General: The Department will allow partial 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:

will be incorporated into the specific project on which partial payment is made.

specifications.

exceed the estimated total quantity required to complete the project.

document the value of the materials received. The amount of the partial payment will be

determined from invoices for the material up to the unit price in the Contract.

included in partial payments if properly documented.

stockpiled prior to award of the Contract for a project.

9-5.5.2 Partial Payment Amounts: The following partial payment restrictions

apply:

processed.

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.

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 the

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, 107FY 2023-24Return 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 following conditions are met:

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 the 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.

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 agreement to the Florida

Department of Transportation.”

stockpiled materials must include provisions that the supplier will store the materials and that

such materials are the property of the Contractor.

9-5.6Certification 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 payment 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

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 subcontractors 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 both 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, pertaining 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. 108FY 2023-24Return to Table of Contents

9-6Record of Construction Materials

9-6.1General: For all construction materials used in the construction of the project,

(except materials exempted by 9-6.2), preserve for the Department’s inspection 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 subcontractors. By providing the materials, the Contractor

certifies that all invoices will be maintained for the required period.

9-6.2Non-Commercial Materials: The provisions of 9-6.1 do not apply to materials

generally classed as non-commercial, such as fill materials, local sand, sand-clay, or local

materials used as stabilizer.

9-7Disputed 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 Department will release all other

amounts due, as provided in 9-8.

9-8Acceptance and Final Payment

9-8.1Acceptance and Final Payment Documents: Whenever the Contractor has

completely performed the work provided for under the Contract and the Engineer has performed

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 computations. 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.

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 payment 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 will

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 estimate and payment. The overpayment 109FY 2023-24Return to Table of Contents

refund check from the Contractor, if required, will be considered a part of any Acceptance Letter

executed.

hereinbefore.

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 gift 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.

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 does not

relieve the surety of any of its obligations under the bond.

pertaining to any wage-rate provisions.

to the Engineer.

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.

built drawings and certified surveys.

the Engineer.

9-8.2Review 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 Additional 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 Additional 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.

9-9Interest 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. 110FY 2023-24Return to Table of Contents

9-10Offsetting Payments

Contractor, is hereby made a part of this Contract:

Department for work done pursuant to a construction 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 demand, payment of the amount is not made within 60 days to the

Department.

breach of Contract by the Department. 111FY 2023-24Return to Table of Contents

Construction Details

GENERAL CONSTRUCTION OPERATIONS CONSTRUCTION EQUIPMENT -GENERAL REQUIREMENTS

100-1General

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.

100-2Equipment Condition and Approval

100-2.1Approval: 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.

100-2.2Maintenanc 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.

100-2.3Stationary Equipment: Screen all stationary equipment such as pumps,

compressors, generators, etc., from noise sensitive receivers if that equipment is to operate 112 FY 2023-24 Return to Table of Contents