6-3. IFB 044-26-RM SUPPLEMENTAL SPECIFICATIONS.pdf

SUPPLEMENTAL SPECIFICATIONS

(Date of Last Revision: 08/12/2025)

These Supplemental Specifications amend Division I and Division II of the FY 2025-26 edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. All provisions of the Standard Specifications for Road and Bridge Construction that are not amended or supplemented remain in full force and effect. The Standard Specifications for Road and Bridge Construction are available as an eBook from the Florida Department of Transportation website:

http://www.fdot.gov/programmanagement/Implemented/SpecBooks/default.shtm.

The City modifies Division I and Division II of the Standard Specifications for Road and Bridge Construction in the following manner:

DIVISION I – GENERAL REQUIREMENTS AND COVENANTS

SECTION 1 – DEFINITIONS AND TERMS

Delete and substitute the following definitions in Article 1-3 Definitions:

Contract Documents.

The term “Contract Documents” includes: Notices/Instructions to Bidders, General Provisions, Special Provisions, Supplemental Specifications, Supplemental Information, Standard Specifications, Plans, Water and Sewer Specifications, Addenda or other information issued to prospective bidders prior to the receipt of bids, the Contractor’s Bid Proposal, MBE Utilization Summary, Bid Security Bond, Contract, Contract Bond, Contract Certification Form, Insurance Certifications, Field Orders, Construction Change Directives, and Change Orders, all of which are to be treated as one instrument whether or not set forth at length in the form of a contract.

Contractor’s Engineer of Record.

A Professional Engineer registered in the State of Florida, other than the Engineer of Record or their subcontracted consultant, who undertakes the design and drawing of components of the permanent work as part of a redesign or Cost Savings Initiative Proposal, or for repair designs and details of the permanent work. The Contractor’s Engineer of Record may also serve as the Specialty Engineer.

Any Corporation or Partnership offering engineering services must hold a Certificate of Authorization from the Florida Department of Business and Professional Regulation.

Department.

When this term is used it is synonymous with the City of Tallahassee, Florida.

Engineer.

The City Engineer of the City of Tallahassee, Florida, a City departmental engineer, or a City departmental project manager acting directly or through duly authorized representatives; such representatives acting within the scope of the duties and authority assigned to them.

Note: In order to avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that whenever anything is, or is to be done, if, as, or, when, or where “acceptable, accepted, approval, approved, authorized, condemned, considered necessary, contemplated, deemed necessary, designated, determined, directed, disapproved, established, given, indicated, insufficient, ordered, permitted, rejected, required, reserved, satisfactory, specified, sufficient, suitable, suspended, unacceptable, or unsatisfactory,” it shall be understood as if the expression were followed by the words “by the Engineer,” “to the Engineer,” or “of the Engineer.”

Holidays.

Days designated as holidays include, but are not limited to, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

Plans.

The plans, including reproductions thereof, issued by the Department showing the location, character, dimensions, and details of the work.

Proposal Form.

The official form or bid item sheets on which the Department requires formal bids to be prepared and submitted for the work.

Right-of-Way.

The land the Department has title to or right of use.

Special Event.

Any event, including but not limited to, a home football game of Florida State University or Florida

A&M University, a festival, fair, run or race, motorcade, parade, civic activity, cultural activity, charity or fund drive, sporting event, or similar activity designated in the Contract Documents.

Specialty Engineer.

A Professional Engineer registered in the State of Florida, other than the Engineer of Record or their subcontracted consultant, who undertakes the design and drawing preparation of components, systems, or installation methods and equipment for specific temporary portions of the project work or for special items of the permanent works not fully detailed in the plans and required to be furnished by the Contractor.

The Specialty Engineer may be an employee or officer of the Contractor or a fabricator, an employee or officer of an entity providing components to a fabricator, or an independent consultant.

A Specialty Engineer is qualified if they have the following qualifications:

(1) Registration as a Professional Engineer in the State of Florida.

(2) The education and experience necessary to perform the submitted design as required by the

Florida Department of Business and Professional Regulation.

Specifications.

The directions, provisions, and requirements contained herein, together with all stipulations contained in the Contract Documents, setting out or relating to the method and manner of performing the work, or to the quantities and qualities of materials and labor to be furnished under the Contract.

A. Standard Specifications: the Florida Department of Transportation Standard Specifications for Road and Bridge Construction; an electronic book, containing adopted requirements, setting out or relating to the method or manner of performing work, or to the quantities and qualities of materials and labor.

B. Supplemental Specifications: Approved additions and revisions to the Standard Specifications.

C. Special Provisions: Specific clauses that add to or revise the Standard Specifications or

Supplemental Specifications, setting forth conditions varying from or additional to the Standard Specifications or Supplemental Specifications applicable to a specific project.

Work Order.

A written agreement between the Contractor and the Department modifying the Contract within the limitations set forth in these Specifications.

Add the following definitions in Article 1-3 Definitions:

Approved Products List (Department’s Approved Products List, Department’s APL).

A list of products that have been approved by the Florida Department of Transportation for use on

State and Federal Highways.

Bid Security.

The security furnished by the bidder as guaranty that the bidder will enter into the Contract for the work if the Department accepts the proposal.

Construction Training Qualification Program (CTQP).

A Florida Department of Transportation program through which Construction technicians and contractors can receive training and become qualified to test materials to improve the quality of Florida's roads.

Department’s List of Producers with Accepted Quality Control Programs (Producers with Accepted Quality Control Programs).

A listing of participating material producers with Quality Control (QC) Programs that have been reviewed and approved by the State Materials Office of the Florida Department of Transportation.

Department’s Materials Manual A publication of the Florida Department of Transportation’s State Materials Office that contains the instructions needed to complete Quality Assurance and Materials Acceptance for Florida Department of Transportation contracts.

Department’s Nonstructural Concrete Production Facility Listing A listing by the Florida Department of Transportation of production facilities with Quality Control (QC)

Programs that have been reviewed and approved by the State Materials Office of the Florida Department of Transportation.

Department’s Production Facility Listing A listing by the Florida Department of Transportation of production facilities with Quality Control (QC)

Programs that have been reviewed and approved by the State Materials Office of the Florida Department of Transportation.

Department’s Website The Florida Department of Transportation’s website.

Design Standards (Department Design Standards).

The Florida Department of Transportation’s “Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System”.

District Materials Office.

One of the six district offices of the Florida Department of Transportation’s State Materials Office.

Materials Manual (Department’s Materials Manual).

A publication of the State Materials Office of the Florida Department of Transportation standardizing the use and acceptance of materials and sampling and testing procedures.

Materials Office (State Materials Office).

The Florida Department of Transportation State Materials Office (SMO), located in Gainesville, Florida, which sets the policies and procedures for the materials program that are carried out at the district level by six district materials offices that are located throughout the state.

Notices/Instructions to Bidders.

A document provided to prospective bidders that sets forth the requirements and procedures to be followed for the preparation and submittal of proposals for a competitive bid.

Structures Design Bulletins.

Publications by the Structures Design Office that provide information on changes in design policies or procedures.

Structures Design Guidelines (Department’s Structures Design Guidelines).

A publication by the Structures Design Office that sets forth the basic Florida Department of

Transportation design criteria that are exceptions to those included in the AASHTO/LRFD Bridge Design Specifications published by AASHTO for Load and Resistance Factor Design

Structures Design Office (SDO).

The Florida Department of Transportation Structures Design Office, located in Tallahassee, Florida, which provides design guidance and technical assistance for structural, geotechnical, mechanical and electrical issues related to structural design and construction

Qualified Products List (Department’s Qualified Products List, Departments QPL).

A list published and maintained by the State Specifications Office of the Florida Department of

Transportation of specific products and materials approved for use on Florida Department of Transportation facilities.

Delete the following definitions in Article 1-3 Definitions:

Contract Claim.

Contract Letting.

Developmental Specification.

Proposal Guaranty.

Secretary.

Supplemental Agreement.

Technical Special Provisions.

Unilateral Payment.

SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

Delete Article 2-1 Prequalification of Bidders and substitute the following:

Bidders must be prequalified in accordance with established policies and procedures of the City of Tallahassee. Requirements and instructions for pre-qualification may vary from project to project. Bidders will be advised of specific prequalification requirements in the Advertisement for each project.

Delete Article 2-2 Proposals.

Delete Article 2-4 Examination of Plans, Specifications, Special Provisions and Site of Work.

Delete Article 2-5 Preparation of Proposals.

Delete Article 2-6 Rejection of Irregular Proposals.

Delete Article 2-7 Guaranty to Accompany Proposals.

Delete Article 2-8 Delivery of Proposals.

Delete Article 2-9 Withdrawal or Revision of Proposals.

Delete Article 2-10 Opening of Proposals.

Delete Article 2-11 Disqualification of Bidders.

SECTION 3 – AWARD AND EXECUTION OF CONTRACT

Delete Section 3 in its entirety.

SECTION 4 – SCOPE OF THE WORK

Delete the second and third paragraphs of Article 4-1 Intent of Contract.

Delete the text of Article 4-2 Work not covered by Standard Specifications and substitute the following:

Construction of the work described in the Contract and any contractual requirements not covered by the Standard Specifications may be covered by Plan notes or by the Notices/Instructions to Bidders, General Provisions, Supplemental Specifications, or Special Provisions for the Contract, and all requirements of such Plan notes, Notices/Instructions to Bidders, General Provisions, Supplemental Specifications, and Special Provisions shall be considered as a part of these Specifications.

Delete Subarticle 4-3.1 General.

Delete Subarticle 4-3.2 Increase, Decrease or Alteration in the Work.

Delete Subarticle 4-3.4 Conditions Requiring a Supplemental Agreement or Unilateral Payment.

Delete Subarticle 4-3.5 Extra Work.

Delete Subarticle 4-3.9 Cost Savings Initiative Proposal and substitute the following:

4-3.9 Cost Savings Initiative Proposal:

4-3.9.1 Intent and Objective:

(1) This Subarticle applies to any cost reduction proposal (hereinafter referred to as a Proposal) that the Contractor initiates and develops for the purpose of refining the Contract to increase cost effectiveness or significantly improve the quality of the end result. This Subarticle does not, however, apply to any such Proposal unless the Contractor identifies it at the time of its submission to the Department as a Proposal submitted pursuant to this Subarticle.

(2) The Department will consider Proposals that would result in net savings to the Department by providing a decrease in the cost of the Contract. Proposals must result in savings without impairing essential functions and characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design features. The Department will not recognize the Contractor’s correction of plan errors that result in a cost reduction, as a Proposal. Deletions of work, approved by the Engineer, that are the sole objective of the Proposal will include a cost sharing percentage with the Contractor as defined in Subarticle 4-3.9.7.

(3) The Department shall have the right to reject, at its discretion, and for any reason any Proposal submitted. The Department will not allow the substitution of another design alternate that is detailed in the plans, on which the Contractor could have bid, for the one on which the Contractor has bid, as a Proposal under this Subarticle. Pending the Department’s execution of a formal change order implementing an approved Proposal, the Contractor shall remain obligated to perform the work in accordance with the terms of the existing Contract. The Department may grant time extensions to allow for the time required to develop and review a Proposal.

4-3.9.2 Subcontractors: The Department encourages the Contractor to include the provisions of this Subarticle in Contracts with subcontractors and to encourage submission of Proposals from subcontractors. However, it is not mandatory to submit Proposals to the Department or to accept or transmit subcontractor proposed Proposals to the Department.

4-3.9.3 Data Requirements: As a minimum, submit the following information with each Proposal:

(1) a description of the difference between the existing Contract requirement, including any time extension request, and the proposed change, and the comparative advantages and disadvantages.

(2) separate detailed cost estimates for both the existing Contract requirement and the proposed change. Break down the cost estimates by pay item numbers indicating quantity increases or decreases and deleted pay items. Identify additional proposed work not covered by pay items within the Contract by using new pay item numbers. In preparing the estimates, include overhead, profit, and bond within pay items in the Contract. Separate pay item(s) for the cost of overhead, profit, and bond will not be allowed.

(3) an itemization of the changes, deletions or additions to plan details, plan sheets, design standards and specifications that are required to implement the Proposal if the Department adopts it.

Provide preliminary plan drawings sufficient to describe the proposed changes.

(4) engineering or other analysis in sufficient detail to identify and describe specific features of the Contract that must be changed if the Department accepts the Proposal with a proposal as to how these changes can be accomplished and an assessment of their effect on other project elements. The Department may require that engineering analyses be performed by a qualified consultant in the applicable class of work. Support all design changes that result from the Proposal with prints of drawings and computations signed and sealed by the Contractor’s Engineer of Record. Written documentation or drawings will be provided clearly delineating the responsibility of the Contractor’s Engineer of Record.

(5) the date by which the Department must approve the Proposal to obtain the total estimated cost reduction during the remainder of the Contract, noting any effect on the Contract completion time or delivery schedule.

(6) a revised project schedule that would be followed upon approval of the Proposal. This schedule would include submittal dates and time for Department reviews.

4-3.9.4 Processing Procedures: Submit two copies of each Proposal to the Engineer or their duly authorized representative. The Department will process Proposals expeditiously; however, the Department is not liable for any delay in acting upon a Proposal submitted pursuant to this Subarticle.

The Contractor may withdraw, in whole or in part, a Proposal not accepted by the Department within the period specified in the Proposal. The Department is not liable for any Proposal development cost in the case where the Department rejects, or the Contractor withdraws a Proposal.

The Engineer is the sole judge of the acceptability of a Proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the Department reserves the right to disregard the Contract bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted.

Prior to approval, the Engineer may modify a Proposal, with the concurrence of the Contractor, to make it acceptable. If any modification increases or decreases the net savings resulting from the Proposal, the Department will determine the Contractor’s fair share upon the basis of the Proposal as modified and upon the final quantities. The Department will compute the net savings by subtracting the revised total cost of all bid items affected by the Proposal from the total cost of the same bid items as represented in the original Contract.

Prior to approval of the Proposal that initiates the change order, provide acceptable Contract-quality plan sheets revised to show all details consistent with the Proposal design.

4-3.9.5 Computations for Change in Contract Cost of Performance: If the Proposal is adopted, the Contractor’s share of the net savings as defined hereinafter represents full compensation to the Contractor for the Proposal.

The Department will not include its costs to process and implement a Proposal in the estimate.

However, the Department reserves the right; where it deems such action appropriate, to require the Contractor to pay the Department's cost of investigating and implementing a Proposal as a condition of considering such proposal. When the Department imposes such a condition, the Contractor shall accept this condition in writing, authorizing the Department to deduct amounts payable to the Department from any monies due or that may become due to the Contractor under the Contract.

4-3.9.6 Conditions of Acceptance for Major Design Modifications of Category 2 Bridges: A Proposal that proposes major design modifications of a category 2 bridge, as determined by the Engineer, shall have the following conditions of acceptance:

All bridge plans relating to the Proposal shall undergo an independent peer review conducted by a single independent engineering firm referred to for the purposes of this article as the Independent Review Engineer who is not the originator of the Proposal design. The independent peer review is intended to be a comprehensive, thorough verification of the original work, giving assurance that the design is in compliance with all Department requirements. The Independent Review Engineer’s comments, along with the resolution of each comment, shall be submitted to the Department. The Independent Review Engineer shall sign and seal the submittal cover letter stating that all comments have been adequately addressed and the design is in compliance with the Department requirements. If there are any unresolved comments the Independent Review Engineer shall specifically list all unresolved issues in the signed and sealed cover letter.

The Contractor shall designate a primary engineer responsible for the Proposal design and as such will be designated as the Contractors Engineer of Record for the Proposal design. The Department reserves the right to require the Contractor’s Engineer of Record to assume responsibility for design of the entire structure.

New designs and independent peer reviews shall be in compliance with all applicable Department, FHWA and AASHTO criteria requirements including bridge load ratings.

4-3.9.7 Sharing Arrangements: If the Department approves a Proposal, the Contractor shall receive up to 50% of the net reduction in the cost of the performance of the Contract. The net reduction in the cost of the performance of the Contract will be determined by subtracting the reasonable documented engineering costs, incurred by the Contractor to design and develop a Proposal, from the gross reduction in the cost of the performance of the Contract, based on a certified invoice from the Contractor’s Engineer of Record. The total engineering costs will be limited to 25% of the gross reduction in the cost of the performance of the Contract and shall not include any markup by the Contractor or any costs for engineering services performed by the Contractor.

If the Department determines that the parties identified in 337.11(17) Florida Statures have contributed to the reduction in the cost of the performance of the Contract, the Contractor’s share may be 45% of the net reduction.

If the Department approves a Proposal where deletions of work are the sole objective of the Proposal, the Contractor shall receive 14.5% of the net reduction in the cost of the performance of the Contract.

4-3.9.8 Notice of Intellectual Property Interests and Department’s Future Rights to a Proposal:

4-3.9.8.1 Notice of Intellectual Property Interests: The Contractor’s Proposal submittal shall identify with specificity any and all forms of intellectual property rights that either the Contractor or any officer, shareholder, employee, consultant, or affiliate, of the Contractor, or any other entity who contributed in any measure to the substance of the Contractor’s Proposal development, have or may have that are in whole or in part implicated in the Proposal. Such required intellectual property rights notice includes, but is not limited to, disclosure of any: issued patents, copyrights, or licenses; pending patent, copyright or license applications; and any intellectual property rights that though not yet issued, applied for or intended to be pursued, could nevertheless otherwise be subsequently the subject of patent, copyright or license protection by the Contractor or others in the future. This notice requirement does not extend to intellectual property rights as to stand-alone or integral components of the Proposal that are already on the Florida Department of Transportation’s Approved Products List or Standard Plans, or are otherwise generally known in the industry as being subject to patent or copyright protection.

4-3.9.8.2 Department’s Future Rights to a Proposal: Notwithstanding 7-3 nor any other provision of the Standard Specifications, upon acceptance of a Proposal, the Contractor hereby grants to the Department and its contractors (such grant being expressly limited solely to any and all existing or future Department construction projects and any other Department projects that are partially or wholly funded by or for the Department) a royalty-free and perpetual license under all forms of intellectual property rights to manufacture, to use, to design, to construct, to disclose, to reproduce, to prepare and fully utilize derivative works, to distribute, display and publish, in whole or in part, and to permit others to do any of the above, and to otherwise in any manner and for any purpose whatsoever do anything reasonably necessary to fully utilize any and all aspects of such Proposal on any and all existing and future construction projects and any other Department projects.

The Contractor shall hold harmless, indemnify and defend the Department and its contractors and others in privity therewith from and against any and all claims, liabilities, other obligations or losses, and reasonable expenses related thereto (including reasonable attorneys’ fees), which are incurred or are suffered by any breach of the foregoing grants, and regardless of whether such intellectual property rights were or were not disclosed by the Contractor pursuant to 4-3.9.8.1, unless the Department has by express written exception in the Proposal acceptance process specifically released the Contractor from such obligation to hold harmless, indemnify and defend as to one or more disclosed intellectual property rights.

Delete Article 4-4 Unforeseeable Work.

Expand Article 4-6 Final Cleaning Up of Right-of-Way by the following:

Depositing rubbish, construction debris, or spoils onto public or private property without the written approval of the Engineer is prohibited. For each occurrence the cost of clean up by City personnel and equipment will be deducted from the Contract Price. Materials not being used for current work tasks shall be stored or stockpiled in approved areas.

SECTION 5 – CONTROL OF THE WORK

Delete Subarticle 5-1.1 Contract Documents

Delete Definition 5-1.4.1.9 QA/QC Shop Drawing Check Prints

Delete Subarticle 5-1.4.2 Shop Drawing Submittal and Review Requirements and replace with the following:

5-1.4.2 Shop Drawing Submittal and Review Requirements: The Engineer will determine the appropriate level of review of each submittal and coordinate as needed.

Delete Subarticle 5-1.4.4 Style, Numbering, and Material of Submittals and replace with the following:

5-1.4.4 Style, Numbering, and Material of Submittals:

5-1.4.4.1 Drawings: Submit all shop drawings that are necessary to complete the structure in compliance with the design shown in the Plans. Prepare all shop drawings using the same units of measure as those used in the Plans. Consecutively number each sheet in the submittal series and indicate the total number in the series (i.e., 1 of 12, 2 of 12 . . . 12 of 12). Include on a cover sheet the following items as a minimum requirement:

1. Contractor' s approval stamp with date and initials, and,

2. When applicable, the documents shall be signed and sealed by the Specialty Engineer or Contractor' s Engineer of Record.

A re-submittal will be requested when any of the required information is not included.Shop drawings shall be submitted in Portable Document Format (PDF) files.

5-1.4.4.2 Other Documents: Submit PDF files of other documents such as trade literature, catalogue information, calculations, and manuals formatted on sheets no larger than 11 by 17 inches.

Clearly label and number each sheet in the submittal to indicate the total number of sheets in the series (i.e., 1 of 12, 2 of 12 . . . 12 of 12). Prepare all documents using the same units of measure as the Plans and include a Table of Contents cover sheet. List on the cover sheet the total number of pages and appendices, a title referencing the submittal item(s), the name of the firm and person(s) responsible for the preparation of the document, the Contractor' s approval stamp with date and initials, and, when applicable, the documents shall be signed and sealed by the Specialty Engineer or Contractor' s Engineer of Record.

Submit appropriately prepared and checked calculations and manuals that clearly outline the design criteria. Include on the internal sheets the initials of the person(s) responsible for preparing and checking the document.

Clearly label trade literature and catalogue information on the front cover with the title, date, and name of the firm and person(s) responsible for that document.

Delete Subarticle 5-1.4.5 Submittal Paths and replace with the following:

5-1.4.5 Submittal Paths: All construction shop drawings and other documents described in this section are to be submitted to the City Inspector.

Delete Article 5-2 Coordination of Contract Documents.

Delete the first paragraph of Article 5-3 Conformity of Work with Contract Documents and substitute the following:

Perform all work and furnish all materials in reasonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, as specified in the contract documents.

Delete Article 5-5 Authority of the Engineer.

Delete Article 5-6 Authority and Duties of Engineer’s Assistants.

Delete Subarticle 5-7.1 Control Points Furnished by the Department and substitute the following:

5-7.1 Control Points Furnished by the Department: The Engineer will provide control points (Begin Construction, End Construction, PIs, PTs, etc.) and benchmarks at appropriate intervals along the line of the project to facilitate the proper layout of the work. Preserve all reference points and bench marks that the Department furnishes.

At least three calendar days prior to the preconstruction conference, the Contractor will submit to the Engineer for approval a set of field notes signed and sealed by a Professional Surveyor and Mapper registered in the State of Florida verifying the control points and benchmarks provided by the Engineer and establishing the location, description and elevation of all additional reference points and bench marks to be used in constructing the project.

Should there be significant inconsistencies between the Contractor’s field notes and the control points and benchmarks provided by the Engineer, no shop drawings will be approved and no construction will begin until the inconsistencies have been satisfactorily resolved.

Expand Subarticle 5-7.5 Personnel, Equipment, and Record Requirements by the following:

All layout work shall be performed under the direct supervision of a State of Florida registered Professional Surveyor and Mapper (PSM).

Delete Subarticle 5-8.3 Supervision for Emergencies and substitute the following:

5-8.3 Supervision for Emergencies: Provide a responsible person, who speaks and understands English, and who is available at or reasonably near the worksite on a 24-hour basis, seven days a week.

Designate this person as the point of contact for emergencies and in cases that require immediate action to maintain traffic or to resolve any other problem that might arise. Submit to all local law enforcement agencies the names and phone numbers of all personnel designated to be contacted in cases of emergencies along with a description of the project and its location.

Delete the last sentence of Subarticle 5-9.1 Cooperation by Contractor and substitute the following:

However, if the Engineer determines that the work thus exposed or examined is acceptable, the Department will pay by Change Order for the uncovering or removing, and the replacing of the covering or making good of the parts removed.

Delete Article 5-10 Final Inspection and substitute the following:

5-10 Final Inspection.

5-10.1 Maintenance until Acceptance: Maintain all Work until the Engineer has given final acceptance in accordance with 5-11.

5-10.2 Inspection for Acceptance: Upon notification that all Contract Work has been completed, the Engineer will make an inspection for acceptance and will perform such tests as the Engineer may deem necessary of the Work. The inspection will be made within seven days of the notification. If the Engineer finds that all work has been satisfactorily completed, the Department will consider such inspection as the final inspection. If any or all of the Work is found to be unsatisfactory, the Engineer will detail the remedial work required to achieve acceptance. Immediately perform such remedial work.

Subsequent inspections and tests will be made on the remedial work until the Engineer accepts all Work.

Until final acceptance in accordance with 5-11, replace or repair any damage to the accepted Work.

Payment of such work will be as provided in 7-14.

5-10.3 Partial or Conditional Acceptance: The Engineer will not make, or consider requests for partial or conditional acceptance of any portion of the Work.

Delete the text of Article 5-11 Final Acceptance and substitute the following:

When, upon completion of the final inspection of the entire project, the Engineer determines the Contractor has satisfactorily completed the Work, all required testing has been successfully passed, and the Contractor has submitted acceptable as-built record drawings and all other records as required by the Specifications, the Engineer will give the Contractor written notice of final acceptance.

Delete the third paragraph of Subarticle 5-12.2.2 Claims For Delay and substitute the following:

There shall be no Contractor entitlement to any monetary compensation or time extension for any delays or delay impacts, whatsoever, that are not to a controlling work item, and then as to any such delay to a controlling work item, entitlement to any monetary compensation or time extension shall only be to the extent such is otherwise provided for expressly under 4-3 or 5-12, except that in the instance of delay to a non-controlling item of work the Contractor may be compensated for the direct costs of idle labor or equipment only, and then only to the extent the Contractor could not reasonably mitigate such idleness.

Delete Subarticle 5-12.6.1 Compensation for Extra Work and substitute the following:

5-12.6.1 Compensation for Extra Work: Notwithstanding anything to the contrary contained in the Contract Documents, the Contractor shall not be entitled to any compensation beyond the actual costs of direct labor and burden for personnel actually engaged in the work, materials and supplies accepted by the Engineer and incorporated into the work, the rental costs of machinery or special equipment (other than small tools), including fuel and lubricant, for the actual time the equipment is in operation on the work or is directed to standby on the project site, and a reasonable allowance for indirect costs, expenses, and profit.

Delete Subarticle 5-12.6.2.1 Compensation for Direct Costs, Indirect Costs, Expenses, and Profit thereon, of or from Delay and substitute the following:

5-12.6.2.1 Compensation for Direct Costs, Indirect Costs, Expenses, and Profit thereon, of or from Delay: For any delay claim, the Contractor shall only be entitled to monetary compensation for the actual idle labor (including supervisory personnel) and equipment, and indirect costs, expenses, and profit thereon, and solely for costs incurred beyond what reasonable mitigation thereof the Contractor could have undertaken.

SECTION 6 – CONTROL OF MATERIALS

Delete the first sentence of Subarticle 6-1.2 Sampling and Testing and substitute the following:

Use a sample identification and tracking system to provide related information and attach such information to each sample.

Delete Subarticle 6-1.3.1 Manufacturer Material Certification and substitute the following:

6-1.3.1 Manufacturer Material Certification: Submit material certifications for all materials to the Engineer for approval when required by the Specifications. Materials will not be considered for payment when not accompanied by a material certification.

Delete the second, third, and fourth paragraphs of Subarticle 6-1.3.1.1 Approved Product List.

Delete Item 5 of Subarticle 6-4.1 Engineering Analysis and substitute the following:

5. Proposed qualified testing laboratories.

Delete Subarticle 6-5.1 Source of Supply–Convict Labor (Federal-Aid Contracts Only).

Delete Subarticle 6-5.2.1 Steel and Iron.

SECTION 7 – LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC

Delete the last paragraph of Subarticle 7-1.1 General and substitute the following:

If the Department’s website cannot be accessed, contact the Florida Department of Transportation’s Specifications Office Web Coordinator at (850) 414-4101.

Delete the second paragraph of Subarticle 7-1.4 Compliance with Federal Endangered Species Act and other Wildlife Regulations and substitute the following:

In addition, in cases where certain protected, threatened or endangered species may unexpectedly be found or appear within close proximity to the project boundaries, the Florida Department of Transportation has established guidelines that will apply when interaction with certain species occurs, absent of any special mitigation measures or permit conditions otherwise identified for the project.

Delete Subarticle 7-1.9 Florida Minority Business Loan Mobilization Program.

Expand Subarticle 7-2.1 General by the following:

On projects where the approximate total area of land disturbance equals or exceeds one acre, the Contractor shall complete and file with the Florida Department of Environmental Protection a Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, and shall pay the appropriate permit fee. The Contractor shall be responsible for meeting all regulatory requirements of the NPDES permit for the entire project. Information about Florida’s NPDES program, Generic Permit, and forms may be obtained from the following FDEP website:

http://www.dep.state.fl.us/water/stormwater/npdes.

Delete Subarticle 7-2.3 As-Built Drawings and Certified Surveys and substitute the following:

7-2.3 As-Built Record Drawings.

7-2.3.1 General: Prior to final inspection, the Contractor shall submit to the Engineer complete as-built record drawings as specified herein.

7-2.3.2 Depiction of Completed Work: The Contractor shall employ a Florida licensed

Professional Surveyor and Mapper (PSM) who shall obtain field measurements during and after construction of the actual locations, dimensions, and elevations of all constructed work; including those items of work that will become concealed or inaccessible. The survey shall be based on the horizontal control and vertical datum used to prepare the Plans, as verified by the preconstruction survey. The vertical datum and all benchmarks shall be shown on the as-built record drawings, including new benchmarks that were established for collecting as-built information.

The as-built record drawings shall be prepared by the PSM who obtained the field measurements, and shall meet the applicable minimum technical standards for a general survey per subsection 5J- 17.051, F.A.C. The as-built record drawings must describe and show the locations, dimensions, and alignments of all constructed work located both inside and outside public rights-of-way, property boundaries, and easements. Water and sanitary sewer construction is not required to be shown when that work is depicted on separate as-built record drawings. The as-built record drawings shall be prepared for plotting on 22” x 34” sheets.

In addition to displaying the constructed work, the as-built record drawings shall show all rights-of-way, property boundaries, and easements; and all significant natural and manmade features within a minimum distance of 25 feet beyond the limits of the constructed work or beyond the rights-of-way, property boundaries, and easements, whichever is the most distant. The PSM may use the preconstruction survey drawing files that were used to produce the Plans to display such information, but all existing features within the limits of the constructed work that have been removed or altered by construction, including contour lines representing conditions that existed prior to construction, shall be deleted from the drawing files.

At a minimum, the information listed below must be included in the as-built record drawings. The Engineer may require additional information based on project specific conditions or other requirements of the Contract Documents.

Stormwater: All major components of stormwater systems shall be located and described. Each drainage structure shall be located and described in a table placed on the drawings in near proximity to the structure that includes type, size (including structure bottom), and elevations, including invert elevations of all connecting pipes and culverts. Pipes and culverts shall be located and identified by size, shape, material type, elevations, and lengths. Ditches shall be located and described by top and bottom widths and elevations, side slopes, and lengths. Cross sections and details may be required to properly depict the work. Ditch armoring shall be located and described by material type. The limits of the top and bottom of each stormwater pond shall be described by locations and elevations. Pond and site grading shall be depicted by contour lines. Cross sections may be required to define side slopes. Contours lines used to show site grading and grading of ditches and stormwater ponds shall be provided at the same vertical intervals as the Plans.

Roadway: Describe all constructed roadways, sidewalks, curb ramps, driveways, and other hardscape features by location, material, type, elevations, etc. Roadways shall be located by back of curb and/or edge of pavement, including medians and islands, at intervals required to describe horizontal geometry. The spacing of points must not exceed 25 feet. Elevations shall be shown along the centerlines, backs of curbs, and edges of pavement at intervals required to describe vertical geometry.

Profiles, cross sections, and details may be included as required to properly depict the work. Identify by location, size, and type, all pavement markings and roadway signage. Describe by location, type, and length, all handrail, guardrail, fence, etc.

Landscape / Irrigation / Lighting: At a minimum, each installed tree shall be described by location, botanical name, common name, and caliper. All landscaped areas shall be located and described. The installed locations of irrigation systems must be shown. All automatic and manual valves, hose bibs or quick couplers, wire splices, and pressurized mainline locations shall be shown with actual field dimensions and referenced for easy location in the field. Installed locations of roadway lighting systems must be shown, including all street and trail light poles, street lighting conduit (including all sleeves under the roadway), pull or junction boxes, power distribution or load centers, and landscape lighting components. Information, at a minimum, must include the location, size, and type of appurtenance.

7-2.3.3 Certification Requirements: Each as-built record drawing shall display the survey date;

the name, certificate of authorization number, street and mailing address, and phone number of the business entity; and the name and license number of the PSM. If the PSM is practicing independently, each as-built record drawing shall display the survey date, and the name, license number, street and mailing address, and phone number of the PSM. Each as-built record drawings shall be signed, dated, and sealed by the PSM in accordance with subsection 5J-17.062, F.A.C. The following certification shall appear on each sheet of the drawings:

I hereby certify that the as-built survey shown hereon meets the Standards of Practice for Land Surveying in the State of Florida (F.A.C. 5J-17.051), pursuant to Section 472.027, F.S., and that all improvements shown hereon have been constructed at the horizontal and vertical locations shown. The undersigned surveyor has not been provided current title opinions or abstracts of matters affecting titles or boundaries of the properties shown hereon. It is possible there are deeds of record, unrecorded deeds, easements, or other instruments that could affect the boundaries. The mapped features of this survey may have been integrated with mapped features surveyed by others. The undersigned surveyor is responsible only for the mapped features of the constructed improvements.

7-2.3.4 Submittal Requirements: The Contractor shall submit one electronic copy of the as-built record drawings certified by the PSM. The Contractor must also provide AutoCAD® drawings of all as-built information required herein, including the plot configuration and pen table files required to produce printed copies, and one copy of the as-built drawings in Adobe® Acrobat® PDF format. Drawings submitted for review purposes shall be in Adobe® Acrobat® PDF format.

7-2.3.5 Basis of Payment: When direct payment for work under this Section is not provided for in the proposal, all work specified in this Section shall be considered incidental to and included in the other items of the Contract. When direct payment for work under this Section is provided, the Contract price shall be full compensation for all work specified in this Section.

Partial payment will be allowed for field measurements obtained during construction prior to submittal ot the as-built record drawings. The Contractor shall submit to the Engineer copies of invoices from the PSM to document the value of the work performed.

Payment for the work under this Section, when provided for directly, shall be made under:

Item No. 101-2- As-Built Record Drawings – lump sum

Delete the last sentence of Subarticle 7-5 Restoration of Surfaces Opened by Permit and substitute the following:

The Department will pay the Contractor for such work either under applicable Contract items or by Change Order when Contract items are not applicable.

Delete the first sentence of Subarticle 7-7.5 Contractor’s Equipment on on Bridge Structures and substitute the following:

The Contractor’s Engineer of Record shall analyze the effect of imposed loads on bridge structures, including Florida Department of Transportation owned temporary bridges, within the limits of the construction contract, resulting from the following operations:

Delete Section 4.b of Subarticle 7-7.5 Contractor’s Equipment on on Bridge Structures and substitute the following:

Less than 90,000 lbs crossing bridge structures listed on the overweight routing map CRN-2 located on the Florida Department of Transportation Office of Maintenance Over-Weight Dimension Permits website at https://www.fdot.gov/maintenance/owod-permit-documents#BlanketAttachments.

Expand Subarticle 7-11.1 General by the following:

The Contractor will put forth every reasonable effort to minimize disruption and disturbance of adjacent properties. All trees, landscaping, etc., within permanent easements and temporary construction easements are to remain, unless noted otherwise on the drawings or by the Engineer, and are to be protected to the maximum extent practicable. The Contractor will be solely liable for damage within permanent easements and temporary construction easements and on properties adjacent to work zones.

The Contractor will exercise due care in the removal of existing fences to maintain security at the effected properties and to ensure the safety of pets, animals and children. If, in the opinion of the Engineer, removal of a fence will result in a reduction in security or safety, a temporary fence will be installed as directed by the Engineer prior to the removal. The temporary fence will remain in place until permanent fencing is installed.

Delete the last paragraph of Subarticle 7-11.1 General.

Delete Subarticle 7-11.3.2 On the State Highway System and substitute the following:

7-11.3.2 On the State Highway System: The Contractor 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 on the State highway system caused by the Contractor's failure to comply with 7-7.2.

Expand Subarticle 7-11.5.1 Arrangements for Protection or Adjustment by the following:

Utilities in the Tallahassee area have adopted the following uniform color code to indicate the locations and route of utility lines:

Color Utility Red Electric Power Lines, Cables, Conduit and Lighting Cables Yellow Gas, Oil, Steam, Petroleum or Gaseous Materials Orange Communication, Alarm or Signal Lines, Cables or Conduits

Blue Potable Water Purple Reclaimed Water, Irrigation and Slurry Lines Green Sanitary Sewer, Storm Sewer or Other Drain Lines

The Contractor shall verify location and status and coordinate with the applicable utility owner(s) before commencing work where construction operations are adjacent to utility facilities.

Add the following new Subarticle:

7-11.5.5 Tree Removal or Trimming Near Power Lines: Where trees overhang or are within ten feet of overhead power lines, exercise due care when pruning or removing limbs and trees so as to not damage any poles, wires, or other facilities. In the event of damage to the City’s electric facilities during tree clearing operations, it shall be the responsibility of the Contractor to pay for the repair of any damage. Payment shall be made to the City Electric Department prior to disbursement of any subsequent payments to the Contractor.

Prior to beginning any work near energized overhead electric lines, notify the City Electric Utility Forester at (850) 891-5181 for approval of those persons that will be trimming, pruning, cutting, removing, or topping trees near City electric power lines.

Persons topping, pruning, trimming or cutting trees within ten feet of energized power lines must be “Line Clearance Tree Trimmers” certified in accordance with OSHA 29 CFR part 1910.269, as published in the following URL website:

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9868.

Delete Article 7-13 Insurance.

Delete the third and fourth paragraphs of Article 7-14 Contractor’s Responsibility for Work.

Delete the fifth paragraph of Article 7-14 and substitute the following:

Theft and vandalism are considered damage caused by an unknown third party.

Delete Article 7-16 Wage Rates for Federal-Aid Projects.

Delete Article 7-17 Supplemental Agreements.

Delete Article 7-22 Available Funds.

Delete Article 7-23 Contractor’s Motor Vehicle Registration.

Delete Article 7-24…