SPECIFICATIONS_Waldo_at_3rd_Ave.pdf

CITY OF GAINESVILLE

Public Works Department

Technical Specifications

Financial Project ID 427326-5-58-01

SR24 (Waldo Rd) at NE 3rd Avenue Intersection Modification

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01 GENERAL

All described in these specifications supplement the work detailed in the following construction drawings:

• NE Waldo Road and 3rd Ave Safety Improvements dated March 10, 2026, prepared by JBPro.

• Waldo Road & 3rd Avenue Safety Improvements Signalization Plans dated February 19, 2026, prepared by England-

Thims & Miller, Inc.

The aforementioned construction drawing are hereby incorporated into these Contract Documents by reference. In the event any work conflicts with the aforementioned construction drawings and these Technical Specifications, the provision herein shall prevail.

All work shall be performed in accordance with the construction drawings and the FDOT Standard Specifications for Road and Bridge Construction, FY2023-2024 edition, except as provided for in these "Technical Specifications.” Deviation from these standards will be permitted only upon presentation of specific written authorization by the City.

Whenever, in the Florida Department of Transportation's Standard Specifications for Road and Bridge Construction, the following terms or their pronouns occur, they shall be defined as follows: Department of Transportation: City of Gainesville, Florida, or its duly authorized representative.

State Highway Engineer, State Transportation Engineer, District Engineer, Engineer of Materials and Tests, Engineer, Inspector:

The City of Gainesville City Engineer.

02 STANDARD DOCUMENTS

Construction shown on the construction drawing shall conform to the technical portions of the:

Florida Department of Transportation Standard Specifications for Road and Bridge Construction, FY 2023-24 edition, the Florida Greenbook, 2018 edition and the Americans with Disabilities Act Guidelines, except when otherwise indicated hereinafter.

The construction drawings reference Index Sheets and Standards which are the FDOT Standard Plans for Roadway and Bridge Construction, FY 2023-2024 edition.

References to Article Numbers, hereinafter, apply to the FDOT Standard Specifications for Road and Bridge Construction, FY 2023-24 edition.

All traffic control devices and procedures shall conform to the FDOT Standards and/or Federal Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), 2009 edition

03 MODIFICATIONS TO THE FDOT STANDARD SPECIFICATIONS

All work on the roadway portion of this Contract shall conform to the applicable specifications of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, FY 2023-24 edition, and the current edition of Supplemental Specifications thereto, except as modified and supplemented hereinafter or in the "Technical Specifications" section. The following shall be interpreted as additions unless otherwise noted. In the event that any information contained hereinafter or in the “Technical Specifications” section conflict with the FDOT Standard Specifications, the provisions contained herein shall prevail.

SECTION 1 DEFINITIONS AND TERMS

1-3 Definitions:

Calendar Day Contract Agreement in which contract time is specified in calendar days.

Contract Documents The term “Contract Documents” includes all documents listed in the Agreement, Paragraph 9.1.

Department

Shall be understood to be the City of Gainesville or authorized representative of the City.

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Final Completion

Final completion has been attained when the City confirms that the Work is complete, satisfactory, and acceptable in accordance with the Agreement. Final completion shall incorporate all requirements and conditions of “final acceptance” specified herein and in the applicable FDOT Standard Specifications.

Holidays

To Holidays listed, add Juneteenth and Christmas Eve Day.

Non-Working Day Weekends, holidays unless approval is granted by the City and any other time suspensions.

Substantial Completion

Substantial completion has been attained when all asphalt, sidewalk, handrail, guardrail, initial striping, structures, signage, signalization, beacons and final stabilization have been constructed and the City has inspected and accepted the work.

Supplemental Agreement

This term shall be understood to be Change Order or Field Order.

Working Day

Any day the Contractor performs work in accordance the Agreement. Saturdays, Sundays and City-designated holidays are generally not considered working days; unless prior approval is received from the City Engineer, work shall not be performed on weekends and holidays. If work is performed on weekends and holidays under a Working Day Contract, a working day shall be charged.

Working Day Contract

Agreement in which contract time is specified in working days.

SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS

Delete this section. Processing of bid proposals shall be in accordance with the “Invitation to Bid” in the Invitation to Bid package.

SECTION 3 AWARD AND EXECUTION OF CONTRACT

Delete this section excluding the sections noted below. Awarding of bids shall be in accordance with the “Instruction to Bidders” in the Invitation to Bid package.

3-8 Audit of Contractor’s Records Upon execution of the Agreement, the City reserves the right to conduct an audit of the Contractor’s records pertaining to the project. The City or its representatives may conduct an audit, or audits, at any time prior to final payment, or thereafter pursuant to 5-13. The City may also require submittal of the records from either the Contractor or any subcontractor or material supplier. As the City deems necessary, records include all books of account, supporting documents, and papers pertaining to the cost of performance of the Work.

Retain all records pertaining to the Agreement for a period of not less than three years from the date of the Engineer’s final acceptance of the project, unless a longer minimum period is otherwise specified. Upon request, make all such records available to the City or its representative(s). For the purpose of this Article, records include but are not limited to all books of account, supporting documents, and papers that the City deems necessary to ensure compliance with the provisions of the Contract Documents.

If the Contractor fails to comply with these requirements, the City may disqualify or suspend the Contractor from bidding on or working as a subcontractor on future Agreements.

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Ensure that the subcontractors provide access to their records pertaining to the project upon request by the City.

Comply with Section 20.055(5), Florida Statutes, and incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

SECTION 4 SCOPE OF THE WORK

Delete this section excluding the following:

4-3 Alteration of Plans or Character of Work 4-3.1 General: The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Agreement, shall not invalidate the Agreement, nor release the Surety from any liability arising out of an Agreement or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Agreement.

The term “significant change” applies only when:

(1) The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

(2) A major item of work is defined as an increase in excess of 125% or decreased below 75% of the original Agreement quantity. The City will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Agreement item quantity in accordance with 4-3.2 below. In the case of a decrease below 75% the City will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity.

In (1) above, the determination by the Engineer shall be conclusive. If the determination is challenged by the Contractor in any proceeding, the Contractor must establish by clear and convincing proof that the determination by the Engineer was without any reasonable basis.

4-3.2 Increase, Decrease or Alteration in the Work: The Engineer reserves the right to make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performance. Such alteration shall not constitute a breach of Agreement, shall not invalidate the Agreement or release the Surety.

Notwithstanding that the Contractor shall have no formal right whatsoever to any extra compensation or time extension deemed due by the Contractor for any cause unless and until the Contractor follows the procedures set forth in 5-12.2 for preservation, presentation and resolution of the claim, the Contractor may at any time, after having otherwise timely submitted a notice of intent to claim or preliminary time extension request pursuant to 5-12.2 and 8-7.3.2, submit to the Engineer a request for equitable adjustment of compensation or time or other dispute resolution proposal.

The Contractor shall in any request for equitable adjustment of compensation, time, or other dispute resolution proposal certify under oath and in writing, in accordance with the formalities required by Florida law, that the request is made in good faith, that any supportive data submitted is accurate and complete to the Contractor’s best knowledge and belief, and that the amount of the request accurately reflects what the Contractor in good faith believes to be the City’s responsibility. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. Any such certified statements of entitlement and costs shall be subject to the audit provisions set forth in 5-12.14. While the submittal or review of a duly certified request for equitable adjustment shall neither create, modify, nor activate any legal rights or obligations as to the Contractor or the City, the City will review the content of any duly certified request for equitable adjustment or other dispute resolution proposal, with any further action or inaction by the City thereafter being in its sole discretion. Any request for equitable adjustment that fails to fully comply with the certification requirements will not be reviewed by the City.

The monetary compensation provided for below constitutes full and complete payment for such additional work and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs or profit for any such additional work beyond that expressly provided below. The Contractor shall be entitled to a time extension only to the extent that the performance of any portion of the additional work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. All time related costs for actual performance of such additional work are included in the compensation already provided below and any time extension entitlement hereunder will be without additional monetary

Page 6 - Technical Specifications – SR 24 (Waldo Rd) at NE 3rd Avenue Intersection Modification compensation. The Contractor shall have no right to any monetary compensation or damages whatsoever for any direct or indirect delay to a controlling work item arising out of or in any way related to the circumstances leading up to or resulting from additional work (but not relating to the actual performance of the additional work, which is paid for as otherwise provided herein), except only as provided for under 5-12.6.2.1.

4-3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing that extra work be done and, at the Engineer’s sole discretion, the Contractor will be paid pursuant to an agreed amount in a Change Order as outlined in the Agreement, Paragraph 25.3. In the event the Contractor must be paid in accordance with the Agreement, Paragraph 25.3.4, the following terms shall apply:

1. Labor and Burden: The Contractor will receive payment for actual costs of direct labor and burden for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager’s position, shall only be for the pro-rata time such supervisory personnel spent on the Agreement. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder.

Payment for burden shall be limited solely to the following:

Table 4-1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation benefits Actual Retirement benefits Actual

Workers Compensation

Rates based on the National Council on Compensation Insurance basic rate tables adjusted by Contractor’s actual experience modification factor in effect at the time of the additional work or unforeseen work.

Per Diem Actual but not to exceed State of Florida’s rate

Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.).

At the Pre-construction conference, certify to the Engineer the following:

a. A listing of on-site clerical staff, supervisory personnel and their pro-rated time assigned to the Agreement,

b. Actual Rate for items listed in Table 4-1,

c. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and,

d. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested.

Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work.

2. Materials and Supplies: For materials accepted by the Engineer and used on the project, the Contractor will receive the actual cost of such materials incorporated into the work, including

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Contractor paid transportation charges (exclusive of equipment as hereinafter set forth). For supplies reasonably needed for performing the work, the Contractor will receive the actual cost of such supplies.

3. Equipment: For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the “Rental Rate Blue Book” for the actual time that such equipment is in operation on the work, and 50% of the “Rental Rate Blue Book” for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the “Rental Rate Blue Book for Construction Equipment” as published by EquipmentWatch, a division of Informa Business Media, Inc., using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book.

Allowable Equipment Rates will be established as set out below:

a. Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%.

b. Allowable Hourly Operating Cost = Hourly Operating Cost x 100%.

c. Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly

Operating Cost.

d. Standby Rate = Allowable Hourly Equipment Rate x 50%.

The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project.

The City will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the City will pay for the time to perform this work at the rate for standby equipment.

Equipment may include vehicles utilized only by Labor, as defined above.

4. Indirect Costs, Expenses, and Profit: Compensation for all indirect costs, expenses, and profit of the Contractor, including but not limited to overhead of any kind, whether jobsite, field office, division office, regional office, home office shall be in accordance with the Agreement, Paragraph 25.3.4.

The Contractor will receive compensation for any premium for acquiring a bond for such additional or unforeseen work at the original Agreement bond rate paid by the Contractor; the Contractor shall provide documentation to the City demonstrating the bond rate paid in order to receive additional compensation for bond premiums. No compensation for bond premium will be allowed for additional or unforeseen work paid via initial contingency pay items.

4-3.2.2 Subcontracted Work: Compensation for additional unforeseen work performed by subcontractor shall be limited solely to that provided in 4-3.2.1 and the Agreement, Paragraph 25.3.4.

4-3.3 No Waiver Contract Changes made by the Engineer will not be considered to waive any provisions of the Agreement, nor may the Contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work actually performed. All work shall be performed as directed by the Engineer and in accordance with the Contract Documents.

4-3.7 Differing Site Conditions

During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract Documents, or if unknown physical conditions of an unusual nature

Page 8 - Technical Specifications – SR 24 (Waldo Rd) at NE 3rd Avenue Intersection Modification differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Documents are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the Contractor disturbs the conditions or performs the affected work.

Upon receipt of written notification of differing site conditions from the Contractor, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract Documents, an adjustment will be made, excluding loss of anticipated profits, and the Agreement will be modified in writing accordingly. The Engineer will notify the Contractor whether or not an adjustment of the Agreement is warranted.

The Engineer will not allow an adjustment for a differing site condition unless the Contractor has submitted the required written notice.

The Engineer will not allow an adjustment under this clause for any effects caused to any other City or non-City projects on which the Contractor may be working.

4-3.8 Changes Affecting Utilities

The Contractor shall be responsible for identifying and assessing any potential impacts to a utility that may be caused by the changes proposed by the Contractor, and the Contractor shall at the time of making the request for a change notify the City in writing of any such potential impacts to utilities.

City approval of a Contractor proposed change does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Documents, Design Plans (including Traffic Control Plans) or other Contract Documents and which effect a change in utility work different from that shown in the Utility Plans, joint project agreements or utility relocation schedules.

4-3.9 Cost Savings Initiative Proposal: Remains in its entirety.

SECTION 5 CONTROL OF THE WORK

Subsection 5-12 is replaced as follows:

5-12 Claims by Contractor:

5-12.1 General: When the Contractor deems that extra compensation or a time extension is due beyond that agreed to by the Engineer, whether due to delay, additional work, altered work, differing site conditions, breach of Agreement, or for any other cause, the Contractor shall follow the procedures set forth in the Agreement, Paragraphs 24 through 26 and herein for preservation, presentation and resolution of the claim.

Submission of timely notice of intent to file a claim, preliminary time extension request, time extension request, and the certified written claim, together with full and complete claim documentation, are each a condition precedent to the Contractor bringing any circuit court, arbitration, or other formal claims resolution proceeding against the City for the items and for the sums or time set forth in the Contractor’s certified written claim. The failure to provide such notice of intent, preliminary time extension request, time extension request, certified written claim and full and complete claim documentation within the time required shall constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to additional compensation or a time extension for such claim.

5-12.2 Notice of Claim:

5-12-2.1 Claims for Extra Work: Where the Contractor deems that additional compensation or a time extension is due for work or materials not expressly provided for in the Contract Documents or which is by written directive expressly ordered by the Engineer pursuant to 4-3, the Contractor shall submit written notification to the Engineer of the intention to make a claim and submit the claim within the time limits outlined in the Agreement, Paragraphs 25 and 26. The notice and claim shall expressly notify the Engineer that the Contractor intends to seek additional compensation and/or a time extension. If such written notification is not submitted and the Engineer is not afforded the opportunity for keeping strict account of actual labor, material, equipment, and time, the Contractor waives the claim for additional compensation or a time extension. Such notice by the Contractor, and the fact that the Engineer has kept account of the labor, Page 9 - Technical Specifications – SR 24 (Waldo Rd) at NE 3rd Avenue Intersection Modification materials and equipment, and time, shall not in any way be construed as establishing the validity of the claim or method for computing any compensation or time extension for such claim.

If the Contractor fails to submit a certificate of claim as described in 5-12.9, the City will so notify the Contractor in writing. The Contractor shall have five calendar days from receipt of the notice to resubmit the claim documentation, without change, with a certificate of claim as described in 5-12.9. Failure by the Contractor to comply with the five calendar day notice shall constitute a waiver of the claim.

5-12.2.2 Claims For Delay: Where the Contractor deems that additional compensation or a time extension is due on account of delay, differing site conditions, breach of Agreement, or any other cause other than for work or materials not expressly provided for in the Contract Documents (Extra Work) or which is by written directive of the Engineer expressly ordered by the Engineer pursuant to 4-3, the Contractor shall submit a written notice of intent to the Engineer of the intention to make a claim and submit the claim within the time limits outlined in the Agreement, Paragraphs 25 and 26 for a delay to a controlling work item. The notice and claim shall expressly notify the Engineer that the Contractor intends to seek additional compensation and/or a time extension and provide a reasonably complete description as to the cause and nature of the delay and the possible impacts to the Contractor’s work by such delay.

If the Contractor fails to submit a certificate of claim as described in 5-12.9, the City will so notify the Contractor in writing. The Contractor shall have five calendar days from receipt of the notice to resubmit the claim documentation, without change, with a certificate of claim as described in 5-12.9. Failure by the Contractor to comply with the five calendar day notice shall constitute a waiver of the claim.

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, at the rates set forth in 4 3.2.1(1) and (3), and then only to the extent the Contractor could not reasonably mitigate such idleness.

If the Contractor provides the written notice of intent and the request for Contract Time extension in compliance with the aforementioned time and content requirements, the Contractor's claim for delay to a controlling work item will be evaluated as of the date of the elimination of the delay even if the Contractor's performance subsequently overcomes the delay. If the claim for delay has not been settled, the Contractor must also comply with 5-12.3 and 5-12.9 to preserve the claim.

5-12.3 Content of Claim: As a condition precedent to the Contractor being entitled to additional compensation or a time extension under the Contract Documents, for any claim, the Contractor shall submit a certified written claim to the City which will include for each individual claim, at a minimum, the following information:

1. A detailed factual statement of the claim providing all necessary dates, locations, and items of work affected and included in each claim;

2. The date or dates on which actions resulting in the claim occurred or conditions resulting in the claim became evident;

3. Identification of all pertinent documents and the substance of any material oral communications relating to such claim and the name of the persons making such material oral communications;

4. Identification of the provisions of the Contract Documents which support the claim and a statement of the reasons why such provisions support the claim, or alternatively, the provisions of the Contract Documents which allegedly have been breached and the actions constituting such breach;

5. A detailed compilation of the amount of additional compensation sought and a breakdown of the amount sought as follows:

a. documented additional job site labor expenses;

b. documented additional cost of materials and supplies;

c. a list of additional equipment costs claimed, including each piece of equipment and the rental rate claimed for each;

d. any other additional direct costs or damages and the documents in support thereof;

e. any additional indirect costs or damages and all documentation in support thereof.

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6. A detailed compilation of the specific dates and the exact number of calendar days sought for a time extension, the basis for entitlement to time for each day, all documentation of the delay, and a breakout of the number of days claimed for each identified event, circumstance or occurrence.

Further, the Contractor shall be prohibited from amending either the bases of entitlement or the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder, and any circuit court, arbitration, or other formal claims resolution proceeding shall be limited solely to the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder.

This shall not, however, preclude a Contractor from withdrawing or reducing any of the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder at any time.

5-12.4 Action on Claim: The Engineer will respond in writing within 30 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5-12.3. Failure by the Engineer to respond to a claim in writing within 30 days after receipt of a complete claim submitted by the Contractor in compliance with 5-12.3 constitutes a denial of the claim by the Engineer. If the Engineer finds the claim or any part thereof to be valid, such partial or whole claim will be allowed and paid for to the extent deemed valid and any time extension granted, if applicable, as provided in the Contract Documents. No circuit court or arbitration proceedings on any claim, or a part thereof, may be filed until after the terms of the Agreement, Paragraph 36 are met or after final acceptance per 5-11 of all work by the City or denial hereunder, whichever occurs last.

5-12.5 Pre-Settlement and Pre-Judgment Interest: Entitlement to any pre-settlement or pre-judgment interest on any claim amount determined to be valid subsequent to the City’s receipt of a certified written claim in full compliance with 5-12.3, whether determined by a settlement or a final ruling in formal proceedings, the City shall pay to the Contractor simple interest calculated at the Prime Rate (as reported by the Wall Street Journal as the base rate on corporate loans posted by at least 75% of the Nation’s 30 largest banks) as of the 60th calendar day following the City’s receipt of a certified written claim in full compliance with 5-12.3, such interest to accrue beginning 60 calendar days following the City’s receipt of a certified written claim in full compliance with 5-12.3 and ending on the date of final settlement or formal ruling.

5-12.6 Compensation for Extra Work or Delay:

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 that provided for in 4-3.2.

5-12.6.2 Compensation for Delay: Notwithstanding anything to the contrary contained in the Contract Documents, the additional compensation set forth in 5-12.6.2.1 shall be the Contractor’s sole monetary remedy for any delay other than to perform extra work caused by the City unless the delay shall have been caused by acts constituting willful or intentional interference by the City with the Contractor’s performance of the work and then only where such acts continue after Contractor’s written notice to the City of such interference. The parties anticipate that delays may be caused by or arise from any number of events during the term of the Agreement, including, but not limited to, work performed, work deleted, supplemental agreements, Contract Documents, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right-of-way issues, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, suspensions of work by the Engineer shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, special events, suspension of Contract Time, or other events, forces or factors sometimes experienced in construction work. Such delays or events and their potential impacts on the performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Agreement, and shall not be deemed to constitute willful or intentional interference with the Contractor’s performance of the work without clear and convincing proof that they were the result of a deliberate act, without reasonable and good-faith basis, and specifically intended to disrupt the Contractor’s performance.

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 be entitled to monetary compensation for the actual idle labor (including supervisory personnel) and equipment, and indirect costs, expenses, and profit thereon, as provided for in 4-3.2.1(4) and solely for costs incurred beyond what reasonable mitigation thereof the Contractor could have undertaken.

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5-12.7 Mandatory Claim Records: After submitting to the Engineer a notice of intent to file a claim for extra work or delay, the Contractor must keep daily records of all labor, material and equipment costs incurred for operations affected by the extra work or delay. These daily records must identify each operation affected by the extra work or delay and the specific locations where work is affected by the extra work or delay, as nearly as possible. The Engineer may also keep records of all labor, material and equipment used on the operations affected by the extra work or delay.

The Contractor shall, once a notice of intent to claim has been timely filed, and not less than weekly thereafter as long as appropriate, submit the Contractor’s daily records to the Engineer and be likewise entitled to receive the City’s daily records. The daily records to be submitted hereunder shall be done at no cost to the recipient.

5-12.8 Claims For Acceleration: The City shall have no liability for any constructive acceleration of the work, nor shall the Contractor have any right to make any claim for constructive acceleration nor include the same as an element of any claim the Contractor may otherwise submit under this Agreement. If the Engineer gives express written direction for the Contractor to accelerate its efforts, such written direction will set forth the prices and other pertinent information and will be reduced to a written Contract Document promptly. No payment will be made on a Supplemental Agreement for acceleration prior to the City’s approval of the documents.

5-12.9 Certificate of Claim: When submitting any claim, the Contractor shall certify under oath and in writing, in accordance with the formalities required by Florida law, that the claim is made in good faith, that the supportive data are accurate and complete to the Contractor’s best knowledge and belief, and that the amount of the claim accurately reflects what the Contractor in good faith believes to be the City’s liability. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor.

5-12.10 Non-Recoverable Items: The parties agree that for any claim the City will not have liability for the following items of damages or expense:

1. Loss of profit, incentives or bonuses;

2. Any claim for other than extra work or delay;

3. Consequential damages, including, but not limited to, loss of bonding capacity, loss of bidding opportunities, loss of credit standing, cost of financing, interest paid, loss of other work or insolvency;

4. Acceleration costs and expenses, except where the City has expressly and specifically directed the

Contractor in writing “to accelerate at the City’s expense”; nor

5. Attorney fees, claims preparation expenses and costs of litigation.

5-12.11 Exclusive Remedies: Notwithstanding any other provision of this Agreement, the parties agree that the City shall have no liability to the Contractor for expenses, costs, or items of damages other than those which are specifically identified as payable under 5-12. In the event any legal action for additional compensation, whether on account of delay, acceleration, breach of Agreement, or otherwise, the Contractor agrees that the City’s liability will be limited to those items which are specifically identified as payable in 5-12.

5-12.12 Settlement Discussions: The content of any discussions or meetings held between the City and the Contractor to settle or resolve any claims submitted by the Contractor against the City shall be inadmissible in any legal, equitable, arbitration or administrative proceedings brought by the Contractor against the City for payment of such claim.

5-12.13 Personal Liability of Public Officials: In carrying out any of the provisions of the Agreement or in exercising any power or authority granted to the Engineer or any of their respective employees or agents, there shall be no liability on behalf of any employee, officer or official of the City for which such individual is responsible, either personally or as officials or representatives of the City. It is understood that in all such matters such individuals act solely as agents and representatives of the City.

5-12.14 Auditing of Claims: All claims filed against the City shall be subject to audit at any time following the filing of the claim, whether or not such claim is part of a suit pending in the Courts of this State. The audit may be performed, at the City’s sole discretion, by employees of the City or by any independent auditor appointed by the City, or both.

The audit may begin after ten days written notice to the Contractor, subcontractor, or supplier. The Contractor, subcontractor, or supplier shall make a good faith effort to cooperate with the auditors. As a condition precedent to recovery on any claim, the Contractor, subcontractor, or supplier must retain sufficient records, and provide full and reasonable access to such records, to allow the City’s auditors to verify the claim and failure to retain sufficient records of the claim or failure to provide full and reasonable access to such records shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. Further, and in addition to such audit access, upon the Contractor submitting a written claim, the City shall have the right to request and receive, and the Contractor shall have the affirmative obligation to submit to the City any and all documents in the possession of the Contractor

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Without limiting the generality of the foregoing, the Contractor shall upon written request of the City make available to the City’s auditors, or upon the City’s written request, submit at the City’s expense, any or all of the following documents:

1. Daily time sheets and foreman’s daily reports and diaries;

2. Insurance, welfare and benefits records;

3. Payroll register;

4. Earnings records;

5. Payroll tax return;

6. Material invoices, purchase orders, and all material and supply acquisition contracts;

7. Material cost distribution worksheet;

8. Equipment records (list of company owned, rented or other equipment used);

9. Vendor rental agreements and subcontractor invoices;

10. Subcontractor payment certificates;

11. Canceled checks for the project, including, payroll and vendors;

12. Job cost report;

13. Job payroll ledger;

14. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals;

15. Cash disbursements journal;

16. Financial statements for all years reflecting the operations on this project;

17. Income tax returns for all years reflecting the operations on this project;

18. All documents which reflect the Contractor’s actual profit and overhead during the years this Agreement was being performed and for each of the five years prior to the commencement of this Agreement;

19. All documents related to the preparation of the Contractor’s bid including the final calculations on which the bid was based;

20. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim;

21. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents that establish which time periods and individuals were involved, and the hours and rates for such individuals.

SECTION 6 CONTROL OF MATERIALS

Prior to ordering of materials, provide a material submittal for approval by the City for all materials & products that will be incorporated into the project. This shall include all materials included on the Approved Products List.

6-5 Products and Source of Supply.

6-5.1 Source of Supply–Convict Labor: Do not use materials that were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict-made materials for Federal-aid highway construction projects before July 1, 1987.

Use materials that were produced prior to July 2, 1991, by convicts on Federal-aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to:

1. Materials produced by convicts on parole, supervised release, or probation from a prison or,

2. Materials produced in a qualified prison facility.

The amount of such materials produced for Federal-aid highway construction during any 12 month period shall not exceed the amount produced in such facility for use in such construction during the 12 month period ending July 1, 1987.

6-5.2 Source of Supply: Comply with Section 70914 of Public Law No. 117-58, §§ 70901-52, also known as the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58, which includes the Build America, Buy America Act (BABA). Domestic compliance for all affected products will be listed on the APL.

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6-5.2.1 Steel and Iron: Use steel and iron manufactured in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through the final shaping and coating. If a steel or iron product is taken outside the United States for any manufacturing process, it becomes foreign source material. When using steel or iron materials as a component of any manufactured product (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply. Foreign steel and iron may be used when the total actual cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work.

Submit a certification from the manufacturer of steel or iron, or any product containing steel or iron, stating that all steel or iron furnished or incorporated into the furnished product was produced and manufactured in the United States or a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual cost). Submit each such certification to the Engineer prior to incorporating the material or product into the project. Prior to the use of foreign steel or iron materials on a project, submit invoices to document the actual cost of such material, and obtain the Engineer’s written approval prior to incorporating the material into the project.

6-5.2.2 Manufactured Products: Use Manufactured Products that are consumed in, incorporated into, or affixed to an infrastructure project that are manufactured in the United States, in accordance with BABA requirements and applicable waivers.

6-5.2.3 Construction Materials: Use non-ferrous metals, plastic and polymer- based products, glass, lumber, and drywall articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project that are manufactured in the United States, in accordance with BABA requirements.

6-5.2.4 Exemptions to Build America, Buy America: Temporary devices, equipment, and other items removed at or before the completion of the project are exempt from BABA funding eligibility requirements.

Aggregates, cementitious materials, and aggregate binding agents or additives are exempted from BABA funding eligibility requirements.

6-5.3 Contaminated, Unfit, Hazardous, and Dangerous Materials: Do not use any material that, after approval and/or placement, has in any way become unfit for use. Do not use materials containing any substance that has been determined to be hazardous by the State of Florida Department of Environmental Protection or the U.S. Environmental Protection Agency (EPA). Provide workplaces free from serious recognized hazards and to comply with occupational safety and health standards, as determined by the U.S. Department of Labor Occupational Safety and Health Administration (OSHA).

SECTION 7 LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC

Compliance with FHWA 1273: The FHWA-1273 Electronic version, dated October 23, 2023 is posted on the FDOT’s website at the following URL address https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/programmanagement/implemented/urlinspecs/files/fhwa_1273_revised-10-23-23.pdf?sfvrsn=d7604d20_1 df.

Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids.

Comply with the provisions contained in FHWA-1273.

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

7-1.4 Compliance with Federal Endangered Species Act and other Wildlife Regulations The Federal Endangered Species Act requires that the City investigate the potential impact to a threatened or endangered species prior to initiating an activity performed in conjunction with a highway construction project. If the City’s investigation determines that there is a potential impact to a protected, threatened or an endangered species, the City will conduct an evaluation to determine what measures may be necessary to mitigate such impact. When mitigation measures and/or special conditions are necessary, these measures and conditions will be addressed in the Contract Documents or permits.

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In addition, in cases where certain protected, threatened or endangered species are found or appear within close proximity to the project boundaries, the City 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.

These guidelines are posted at the following URL address:

https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/programmanagement/implemented/urlinspecs/files/endangeredwildlifeguidelines.pdf?sfvrsn=e27baf3f_2.

Take responsibility to obtain this information and take all actions and precautions necessary to comply with the conditions of these guidelines during all project activities.

Prior to establishing any off-project activity in conjunction with a project, notify the Engineer of the proposed activity.

Covered activities include but are not necessarily limited to borrow pits, concrete or asphalt plant sites, disposal sites, field offices, and material or equipment storage sites.