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April 23, 2010PREPARED BY: KS/PH/RN

SPECIFICATIONS PACKAGEFOR

FINANCIAL PROJECT ID(S). 240992-4-52-01, 240992-3-52-01, AND 422030-1-52-01FEDERAL FUNDS

DISTRICT FIVEVOLUSIA COUNTY

The 2010 Edition of the Florida Department of Transportation Standard Specifications isrevised as follows:

I hereby certify that this specifications package has been properly prepared by me, or under myresponsible charge, in accordance with procedures adopted by the Florida Department ofTransportation.

The official record of this package is the electronic file signed and sealed under Rule 61G 15-23.003, F.A.C.

Name: Robert Neil, P.E.Page(s): 1 - 222

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SPECIAL PROVISIONS ............................................................................................................. 4

EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK. ........................ 5 SCOPE OF WORK INTENT OF CONTRACT. ................................................................... 5 UNFORESEEABLE WORK. ................................................................................................... 6 REQUIREMENTS FOR FEDERAL JOBS COMPLIANCE WITH FHWA

1273............................................................................................................................... 6 UTILITY SCHEDULES. .......................................................................................................... 7 WAGE RATES FOR FEDERAL-AID PROJECTS................................................................. 7 PROSECUTION AND PROGRESS - BEGINNING WORK. ................................................ 8 PROSECUTION OF WORK REGIONAL DISPUTES REVIEW BOARD. ....................... 8 PROSECUTION OF WORK STATEWIDE DISPUTES REVIEW BOARD. ................... 11 PROSECUTION AND PROGRESS. ..................................................................................... 14 GRADED AGGREGATE BASE. .......................................................................................... 14 REPLACE GRATES. ............................................................................................................. 17 TRAFFIC STRIPES AND MARKINGS TWO REACTIVE COMPONENTS. ................ 18 PAINTED PAVEMENT MARKINGS FINAL SURFACE. .............................................. 20 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS APPLICATION. .............. 21

SUPPLEMENTAL SPECIFICATIONS ................................................................................... 22

002 PREQUALIFICATION OF BIDDERS. ..................................................................... 23 003 EXECUTION OF CONTRACT BOND. .................................................................... 23 004 SCOPE OF THE WORK. ........................................................................................... 24 006 DEFECTIVE MATERIALS. ...................................................................................... 25 007 LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC............... 25 009 MEASUREMENT AND PAYMENT. ....................................................................... 31 102 MAINTENANCE OF TRAFFIC. ............................................................................... 32 104 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND

WATER POLLUTION. ............................................................................................. 48 105 CONTRACTOR QUALITY CONTROL GENERAL REQUIREMENTS. .............. 53 110 CLEARING AND GRUBBING. ................................................................................ 56 120 EXCAVATION EMBANKMENT. ............................................................................ 56 125 EXCAVATION FOR STRUCTURES AND PIPE ACCEPTANCE

PROGRAM. ................................................................................................................ 57 234 SUPERPAVE ASPHALT BASE THICKNESS REQUIREMENTS. .................... 57 300 APPLICATION OF TACK COAT RATE OF APPLICATION. ............................ 58 320 PAVING EQUIPMENT. ............................................................................................ 58 330 HOT BITUMINOUS MIXTURES GENERAL CONSTRUCTION

REQUIREMENTS. ..................................................................................................... 59 334 SUPERPAVE ASPHALT CONCRETE..................................................................... 73 336 ASPHALT RUBBER BINDER. ................................................................................. 98 337 ASPHALT CONCRETE FRICTION COURSES. ................................................... 101 341 ASPHALT RUBBER MEMBRANE INTERLAYER. ............................................ 111 450 PRECAST PRESTRESSED CONCRETE CONSTRUCTION-

CONCRETE PLACEMENT. ................................................................................... 111 455 STRUCTURES FOUNDATION. ............................................................................. 112

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527 DETECTABLE WARNINGS ON WALKING SURFACES. ................................. 113 546 RUMBLE STRIPS. ................................................................................................... 115 560 COATING STRUCTURAL STEEL. ....................................................................... 116 563 ANTI-GRAFFITI COATING SYSTEM DESCRIPTION. ................................... 121 611 ACCEPTANCE PROCEDURES. ............................................................................ 121

650

VEHICULAR SIGNAL ASSEMBLIES INSTALLATION. ................................ 122

700 HIGHWAY SIGNING.............................................................................................. 122 701 AUDIBLE AND VIBRATORY PAVEMENT MARKINGS. ................................. 129 710 PAINTED PAVEMENT MARKINGS. ................................................................... 131 711 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS. .............................. 132 713 PERMANENT TAPE STRIPES AND MARKINGS. ............................................. 134 715 HIGHWAY LIGHTING SYSTEM. ......................................................................... 135 780 INTELLIGENT TRANSPORTATION SYSTEMS-GENERAL

REQUIREMENTS. ................................................................................................... 136 782 INTELLIGENT TRANSPORTATION SYSTEMSVIDEO

EQUIPMENT. .......................................................................................................... 138

785

INTELLIGENT TRANSPORTATION SYSTEMS INFRASTRUCTURE. ........... 150

916 BITUMINOUS MATERIALS.................................................................................. 172 919 GROUND TIRE RUBBER FOR USE IN ASPHALT RUBBER BINDER. ........... 177 932 NONMETALLIC ACCESSORY MATERIALS FOR CONCRETE

PAVEMENT AND CONCRETE STRUCTURES. ................................................. 177 962 STRUCTURAL STEEL AND MISCELLANEOUS METAL ITEMS

(OTHER THAN ALUMINUM). ............................................................................. 178 971 TRAFFIC MARKING MATERIALS. ..................................................................... 179 973 STRUCTURAL PLASTICS. .................................................................................... 190 975 STRUCTURAL COATING SYSTEMS. ................................................................. 194 990 TEMPORARY TRAFFIC CONTROL DEVICES AND MATERIALS. ................ 200 993 OBJECT MARKERS AND DELINEATORS. ........................................................ 204

APPENDICES ........................................................................................................................... 205

TECHNICAL SPECIAL PROVISIONS. ............................................................................. 206 633 INTELLIGENT TRANSPORTATION SYSTEMS FIBER OPTIC

CABLE AND INTERCONNECT207

THIS COMPLETES THIS SPECIFICATIONS PACKAGE..222

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SPECIALPROVISIONS

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EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK.(REV 3-7-06) (1-10)

ARTICLE 2-4 (Page 12) is deleted and the following substituted:2-4 Examination of Contract Documents and Site of Work.

Examine the Contract Documents and the site of the proposed work carefully beforesubmitting a proposal for the work contemplated. Investigate the conditions to be encountered, asto the character, quality, and quantities of work to be performed and materials to be furnishedand as to the requirements of all Contract Documents.

Direct all questions to the Department by posting them to the Departments website at thefollowing URL address: http://www2.dot.state.fl.us/construction/bidquestions.asp . TheDepartment will respond to questions posted to this site before 5:00 P.M. on the seventh calendarday prior to the bid opening. Questions posted after that time will not be responded to by theDepartment. For all questions posted before the deadline, the Department will provide and postresponses at the same website. Take responsibility to review and be familiar with all questionsand responses posted to this website up through five calendar days prior to the bid opening andto make any necessary adjustments in the proposal accordingly. If the Departments web sitecannot be accessed, contact Frank J. ODea, P.E. at frank.odea@dot.state.fl.us .

When, in the sole judgment of the Department, responses to questions require plansrevisions, specifications revisions and/or addenda, the Contracts Office will issue them asnecessary.

The Department does not guarantee the details pertaining to borings, as shown on the plans, to be more than a general indication of the materials likely to be found adjacent to holes bored at the site of the work, approximately at the locations indicated. The Contractor shallexamine boring data, where available, and make his own interpretation of the subsoilinvestigations and other preliminary data, and shall base his bid on his own opinion of theconditions likely to be encountered.

The bidders submission of a proposal is prima facie evidence that the bidder has madean examination as described in this Article.

SCOPE OF WORK INTENT OF CONTRACT.(REV 8-19-09) (FA 8-24-09) (1-10)

ARTICLE 4-1 (Page 19) is expanded by the following:

The Improvements under this Contract consist of intersection improvements for SR-5/SR-40, intersection improvements for SR-5/SR-430, and RRR improvements for SR-40 inVolusia County.

The summary of pay items for this project is listed in the plans.

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UNFORESEEABLE WORK.(REV 9-28-98) (1-10)

ARTICLE 4-4 (Page 30) is deleted and the following substituted:

4-4 Unforeseeable Work.When the Department requires work that is not covered by a price in the Contract andsuch work does not constitute a Significant Change as defined in 4-3.1, and the Departmentfinds that such work is essential to the satisfactory completion of the Contract within its intendedscope, the Department will make an adjustment to the Contract. Such adjustment will be made

by Work Order when the Contract Documents provide for Contingency Work. When theContract Documents do not provide for Contingency Work or the available funds forContingency Work are insufficient, such adjustment will be made by Supplemental Agreement.The cost of unforeseeable work will be a negotiated amount or, in lieu of negotiations or otheragreement, an amount based on material invoices, equipment costs, labor payrolls, and markups

provided in 4-3.2.

Contingency Work, as used in this Article, is defined as possible additional work requiredto satisfactorily complete the Contract within its intended scope.

REQUIREMENTS FOR FEDERAL JOBS COMPLIANCE WITH FHWA 1273.(REV 7-28-09) (FA 7-30-09) (1-10)

SUBARTICLE 7-1.1 (Pages 56-58) is expanded by the following:

The FHWA-1273 Electronic version, dated March 10, 1994 is posted on theDepartments website at the following URL addresswww.dot.state.fl.us/specificationsoffice/Implemented/URLinSpecs/Files/df1273.pdf . Takeresponsibility to obtain this information and comply with all requirements posted on this websiteup through five calendar days before the opening of bids.

Comply with the provisions contained in FHWA-1273 and certify monthlycompliance with the EEO provisions of FHWA-1273 (Section II. Nondiscrimination and SectionIII. Non-segregated Facilities).

In addition to the requirements of FHWA-1273, Section V, No. 2(b), includegender and race in the weekly annotated payroll records.

Federal Regulations (29 CFR 3.5) states that Social Security numbers andaddresses of employees shall not be included on submitted payrolls for contracts let after January18, 2009. In lieu of a Social Security number, an employee identifying number must be listed.The employer may use the last four digits of the Social Security number or another assignednumber as the employee identifying number.

If the Departments website cannot be accessed, contact the DepartmentsSpecifications Office Web Coordinator at (850) 414-4101.

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UTILITY SCHEDULES.(REV 8-27-01) (FA 4-14-05) (1-10)

SUBARTICLE 7-11.6.3 (Pages 69 and 70) is expanded by the following:

The utility work which will be accomplished concurrently with the highwayconstruction Contract will involve facilities owned by other agencies. Utility Schedules (UtilityRelocation and/or Work Schedules) for these agencies are posted on the Departments website atthe following URL address: ftp.dot.state.fl.us/permitsandorutilityworkschedules/ . Takeresponsibility to obtain this information and comply with all requirements posted on this websiteup through five calendar days before the opening of bids.

Where utility work must be coordinated with highway construction operations,the portion of the anticipated utility work period covering such concurrent work may or may not

begin on the day highway construction commences and may or may not be consecutive days.The anticipated scheduling of new work, adjustments and/or relocation work are

included on the Utility Schedules.

More precise scheduling to accomplish utility work in the most expeditiousmanner that is feasible will be established at the preconstruction conference as provided in 8-3.5.The Utility Schedules, shall be used in conjunction with the utility sheets included

in the roadway plans.If the Departments website cannot be accessed, contact the Departments

Specifications office Web Coordinator at (850) 414-4101.

WAGE RATES FOR FEDERAL-AID PROJECTS.(REV 1-3-03) (FA 5-16-03) (1-10)

ARTICLE 7-16 (Page 72) is expanded by the following:

For this Contract, payment of predetermined minimum wages applies.The U.S. Department of Labor Wage Rates applicable to this Contract are listed in Wage

Rate Decision Number(s) FL339 , as modified up through ten days prior to the opening of bids.Obtain the applicable General Decision(s) (Wage Tables) through the Departments

website and ensure that employees receive the minimum wages applicable. Review the GeneralDecisions for all classifications necessary to complete the project. Request additionalclassifications through the Engineers office when needed.

When multiple wage tables are assigned to a Contract, general guidance of their use andexamples of construction applicability is available on the Departments website. Contact theDepartments Wage Rate Coordinator before bidding if there are still questions concerning theapplicability of multiple wage tables. The URL for obtaining the Wage Rate Decisions iswww.dot.state.fl.us/construction/wage.htm .

Contact the Departments Wage Rate Coordinator at (850) 414-4492 if the Departmentswebsite cannot be accessed or there are questions.

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PROSECUTION AND PROGRESS - BEGINNING WORK.(REV 9-18-09) (1-10)

SUBARTICLE 8-3.3 (Page 82) is deleted and the following substituted:

8-3.3 Beginning Work: Notify the Engineer not less than five days in advance of the planned start day of work. Upon the receipt of such notice, the Engineer may give the Contractor Notice to Proceed and may designate the point or points to start the work. In the Notice toProceed, the Engineer may waive the five day advance notice and authorize the Contractor to

begin immediately. Notify the Engineer in writing at least two days in advance of the startingdate of important features of the work. Do not commence work under the Contract until after theDepartment has issued the Notice to Proceed. The Department will issue the Notice to Proceedwithin 20 calendar days, excluding Saturdays, Sundays and state holidays, after execution of theContract.

PROSECUTION OF WORK REGIONAL DISPUTES REVIEW BOARD.(REV 4-1-02) (FA 12-12-02) (1-10)

ARTICLE 8-3 (Pages 81-83) is expanded by the following new Subarticle:

8-3.7 Disputes Review Board: For this Contract, a Disputes Review Board will beavailable to assist in the resolution of disputes and claims arising out of the work on the Contract.

8-3.7.1 Purpose: The Board will provide special expertise to assist in andfacilitate the timely and equitable resolution of disputes, claims, and controversies between theDepartment and the Contractor in an effort to avoid construction delay and future claims.

It is not intended that the Department or the Contractor default on theirnormal responsibility to cooperatively and fairly settle their differences by indiscriminatelyassigning them to the Board. It is intended that the Board encourage the Department andContractor to resolve potential disputes without resorting to this alternative resolution procedure.

The Board will be used when normal Department-Contractor disputeresolution is unsuccessful. Either the Department or the Contractor may refer a dispute to theBoard. Referral to the Board should be initiated as soon as it appears that the normal disputeresolution effort is not succeeding. It is a condition of this Contract that the parties shall use theDispute Review Board. The Department and the Contractor agree that the submission of anyunresolved dispute or claim to the Board is a condition precedent to the Department or theContractor having the right to proceed to arbitration or litigation of such unresolved dispute orclaim. The Departments Claim Review Committee will not entertain any issues on this project.

The recommendations of the Board will not be binding on either theDepartment or the Contractor.

The Board will fairly and impartially and without regard to how or bywhom they may have been appointed, consider disputes referred to it and will provide writtenrecommendations to the Department and Contractor to assist in the resolution of these disputes.

8-3.7.2 Continuance of Work During Dispute: During the course of theDisputes Review Board process, the Contractor will continue with the work as directed by theEngineer in a diligent manner and without delay or otherwise conform to the Engineers decision

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or order, and will be governed by all applicable provisions of the Contract. Throughout any protested work, the Contractor will keep complete records of extra costs and time incurred. TheContractor will permit the Engineer and Board access to these and any other records needed forevaluating the dispute.

8-3.7.3 Membership: The Disputes Review Board will consist of members pre-

selected by the Engineer and the President of the Florida Transportation Builders Association(FTBA), and posted on the Departments Website.If during the life of the contract, a Board member has a discussion

regarding employment or entered into any agreement for employment after completion of thecontract with the Department, the Contractor or any subcontractor or supplier on the project,he/she shall immediately disclose this to the Contractor and the Department and shall bedisqualified from serving on the Board.

Once established, the Board will remain active and in full force and effect.If, after the Department has made final acceptance of the project, there are unresolved disputesand claims remaining, the Disputes Review Board shall remain active and in full force and effectuntil the project is otherwise administratively closed by the Department following final payment

so that the Board may continue in operation until all unresolved disputes and claims are resolved.8-3.7.4 Procedure and Schedules for Disputes Resolution: Disputes will beconsidered as quickly as possible, taking into consideration the particular circumstances and thetime required to prepare detailed documentation. Steps may be omitted as agreed by theDepartment and the Contractor and the time periods stated below may be shortened in order tohasten resolution.

a. If the Contractor objects to any decision, action or order of theEngineer, the Contractor may file a written protest with the Engineer, stating clearly and in detailthe basis for the objection, within 15 days after the event.

b. The Engineer will consider the written protest and make his decision onthe basis of the pertinent contract provisions, together with the facts and circumstances involvedin the dispute. The Engineers decision will be furnished in writing to the Contractor within 15days after receipt of the Contractor s written protest.

c. This decision will be final and conclusive on the subject, unless awritten appeal to the Engineer is filed by the Contractor within 15 days of receiving the decision.Should the Contractor preserve its protest of the Engineers decision, the matter can be referredto the Board by either the Department or the Contractor.

d. Upon receipt by the Board of a written duly preserved protest of adispute, either from the Department or the Contractor, it will first be decided when to conduct thehearing.

e. Either party furnishing any written evidence or documentation to theBoard will furnish copies of such information to the other party a minimum of 15 days prior tothe date the Board sets to convene the hearing for the dispute. If the Board requests anyadditional documentation or evidence prior to, during, or after the hearing, the Departmentand/or Contractor will provide the requested information to the Board and to the other party.

f. The Contractor and the Department will each be afforded an opportunityto be heard by the Board and to offer evidence. Neither the Department nor the Contractor may

present information at the hearing that was not previously distributed to both the Board and theother party.

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g. The Boards recommendations for resolution of the dispute will begiven in writing to both the Department and the Contractor, within 15 days of completion of thehearings. In cases of extreme complexity, both parties may agree to allow additional time for theBoard to formulate its recommendations. The Board will focus its attention in the written reportto matters of entitlement and allow the parties to determine the monetary damages. If both parties

request, and sufficient documentation is available, the Board may make a recommendation ofmonetary damages.h. Within 15 days of receiving the Boards recommendations, both the

Department and the Contractor will respond to the other and to the Board in writing, signifyingeither acceptance or rejection of the Boards recommendations. The failure of either party torespond within the 15 day period will be deemed an acceptance of the Boards recommendations

by that party. If the Department and the Contractor are able to resolve the dispute with or withoutthe aid of the Boards recommendations, the Department will promptly process any requiredContract changes.

i. Should the dispute remain unresolved, either party may seekreconsideration of the decision by the Board only when there is new evidence to present. No

provisions in this Specification will abrogate the Contractor s responsibility for preserving aclaim filed in accordance with 5-12.Although both the Department and the Contractor should place

great weight on the Boards recommendation, it is not binding. If the Boards recommendationsdo not resolve the dispute, all records and written recommendations of the Board will beadmissible as evidence in any subsequent dispute resolution procedures.

8-3.7.5 Contractor Responsibility: The Contractor shall furnish to each Boardmember a set of all pertinent documents which are or may become necessary for the Board,except documents furnished by Department, to perform their function. Pertinent documents areany drawings or sketches, calculations, procedures, schedules, estimates, or other documentswhich are used in the performance of the work or in justifying or substantiating the Contractors

position. A copy of such pertinent documents must also be furnished to the Department.Except for its participation in the Boards activities as provided in the

construction Contract and in this Agreement, the Contractor will not solicit advice orconsultation from the Board or any of its members on matters dealing in any way with the

project, the conduct of the work or resolution of problems.8-3.7.6 Department Responsibilities: Except for its participation in the Boards

activities as provided in the construction Contract and in this Agreement, the Department willnot solicit advice or consultation from the Board or any of its members on matters dealing in anyway with the project, the conduct of the work or resolution of problems.

The Department shall furnish the following services and items:a. Contract Related Documents: The Department shall furnish each

Board member a copy of all Contract Documents, supplemental agreements, written instructionsissued by the Department to the Contractor, or other documents pertinent to the performance ofthe Contract and necessary for the Board to perform their function. A copy of such pertinentdocuments must also be furnished to the Contractor.

b. Coordination and Services: The Department, in cooperation withthe Contractor, will coordinate the operations of the Board. The Department, through the ProjectEngineer, will arrange or provide conference facilities at or near the Contract site and providesecretarial and copying services.

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8-3.7.7 Basis of Payment: A per day cost of $3,300.00 has been established bythe Department to reimburse the Contractor for providing compensation to the three members ofthe Disputes Review Board. This amount will be paid to the Contractor for each day of theDisputes Review Board. For each meeting, the Contractor shall compensate each DisputesReview Board member a sum of $1,100.00. Such payment will be full compensation to the

Board member for salary and all travel expenses (air fare, rental or personal automobile, motelroom, meals, etc.) related to membership on the Board. If an issue or set of issues requiresadditional time in meeting or in analyzing the issues, additional compensation on a per day basiscan be made, if authorized in advance by the Engineer. Payment shall be made by issuing a workorder against contingency funds set aside for this Contract.

The Department will pay all other non-salary and non-travel expensesrelated to operation of the Board. The Department will prepare and mail minutes and progressreports, will provide administrative services, such as conference facilities and secretarialservices, and will bear the cost of these services. If the Board desires special services, such aslegal consultation, accounting, data research, and the like, both parties must agree, and the costswill be shared by them as mutually agreed. Payment for non-salary and non-travel expenses and

the Departments share of special services shall be made by the Engineer in accordance withDepartment policy outside of this Contract.

PROSECUTION OF WORK STATEWIDE DISPUTES REVIEW BOARD.(REV 6-23-03) (FA 8-1-03) (1-10)

ARTICLE 8-3 (Pages 81-83) is expanded by the following new Subarticle:

8-3.8 Statewide Disputes Review Board: For this Contract, a Statewide DisputesReview Board will be available to assist in the resolution of disputes and claims arising out ofthe administration and enforcement of a specification when such specification specifically refersdisputes to this Board.

8-3.8.1 Purpose: The Board will provide special expertise to assist in andfacilitate the timely and equitable resolution of the disputes between the Contractor and theDepartment.

It is not intended that the Department or the Contractor default on theirnormal responsibility to cooperatively and fairly settle their differences by indiscriminatelyassigning them to the Board. It is intended that the Board encourage the Department andContractor to resolve potential disputes without resorting to this alternative resolution procedure.

The Board will be used when normal Department-Contractor disputeresolution is unsuccessful. Either the Department or the Contractor may refer a dispute to theBoard. Referral to the Board should be initiated as soon as it appears that the normal disputeresolution effort is not succeeding. It is a condition of this Contract that the parties shall use theStatewide Disputes Review Board. The Departments Claim Review Committee will notentertain any issues on this project.

The recommendations of the Board will be binding on both theDepartment and the Contractor.

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The Board will fairly and impartially and without regard to how or bywhom they may have been appointed, consider disputes referred to it and will provide writtenrecommendations to the Department and Contractor to assist in the resolution of these disputes.

8-3.8.2 Membership: The Statewide Disputes Review Board will consist ofmembers pre-selected by the Engineer and the President of the Florida Transportation Builders

Association (FTBA), and posted on the Departments Website.Members on the Board will be pre-qualified as experts of the type of work being referred to this Board.

If during the life of the contract, a Board member has a discussionregarding employment or entered into any agreement for employment after completion of thecontract with the Department, the Contractor or any subcontractor or supplier on the project,he/she shall immediately disclose this to the Contractor and the Department and shall bedisqualified from serving on the Board.

After the Department has made final acceptance of the project, if disputesarise, the Statewide Disputes Review Board shall be activated to hear and rule on the disputedissue.

8-3.8.3 Procedure and Schedules for Disputes Resolution: Disputes will beconsidered as quickly as possible, taking into consideration the particular circumstances and thetime required to prepare detailed documentation. Steps may be omitted as agreed by theDepartment and the Contractor and the time periods stated below may be shortened in order tohasten resolution.

a. If the Contractor objects to any decision, action or order of the Engineerresulting from the Engineers evaluation of the guaranteed product or performance period, theContractor may file a written protest with the Engineer, stating clearly and in detail the basis forthe objection, within 15 days after the event.

b. The Engineer will consider the written protest and make his decision onthe basis of the pertinent contract provisions, together with the facts and circumstances involvedin the dispute. The Engineers decision will be furnished in writing to the Contractor within 15days after receipt of the Contractor s written protest.

c. The Engineers decision will be final and conclusive on the subject,unless the Contractor files a written appeal to the Engineer within 15 days of receiving thedecision. Upon the Engineers receipt of the Contractors written appeal containing specific

protest of all or part of the Engineers decision, either the Department or the Contractor can referthe matter to the Board.

d. Upon receipt by the Board of a written duly preserved protest of adispute, either from the Department or the Contractor, it will first be decided when to conduct thehearing.

e. Either party furnishing any written evidence or documentation to theBoard will furnish copies of such information to the other party a minimum of 15 days prior tothe date the Board sets to convene the hearing for the dispute. If the Board requests anyadditional documentation or evidence prior to, during, or after the hearing, the Departmentand/or Contractor will provide the requested information to the Board and to the other party.

f. The Contractor and the Department will each be afforded an opportunityto be heard by the Board and to offer evidence. Neither the Department nor the Contractor may

present information at the hearing that was not previously distributed to both the Board and theother party.

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g. The Boards recommendations for resolution of the dispute will begiven in writing to both the Department and the Contractor, within 15 days of completion of thehearings. The Board will focus its attention in the written report to matters of responsibility forrepairs of guaranteed work or performance period as provided for by the Contract Documents.

8-3.8.4 Contractor Responsibility: The Contractor shall furnish to each Board

member a set of all pertinent documents that are or may become necessary for the Board, exceptdocuments furnished by Department, to perform their function. Pertinent documents are anydrawings or sketches, calculations, procedures, schedules, estimates, or other documents whichare used in the performance of the work or in justifying or substantiating the Contractors

position. A copy of such pertinent documents must also be furnished to the Department.Except for its participation in the Boards activities as provided in the

construction Contract and in this Agreement, the Contractor will not solicit advice orconsultation from the Board or any of its members on matters dealing in any way with the

project, the conduct of the work or resolution of problems. 8-3.8.5 Department Responsibilities: Except for its participation in the Boards

activities as provided in the construction Contract and in this Agreement, the Department will

not solicit advice or consultation from the Board or any of its members on matters dealing in anyway with the project, the conduct of the work or resolution of problems.The Department shall furnish the following services and items:

a. Contract Related Documents: The Department shall furnish eachBoard member a copy of all Contract Documents, supplemental agreements, written instructionsissued by the Department to the Contractor, or other documents pertinent to the performance ofthe Contract and necessary for the Board to perform their function. A copy of such pertinentdocuments must also be furnished to the Contractor.

b. Coordination and Services: The Department, in cooperation withthe Contractor, will coordinate the operations of the Board. The Department, through the ProjectEngineer, will arrange or provide conference facilities at or near the Contract site and providesecretarial and copying services.

8-3.8.6 Basis of Payment: A per day cost of $3,300.00 has been established bythe Department to reimburse the Contractor for providing compensation to the three members ofthe Statewide Disputes Review Board. This amount will be paid to the Contractor for each day ofthe Statewide Disputes Review Board. For each meeting, the Contractor shall compensate eachStatewide Disputes Review Board member a sum of $1,100.00. Such payment will be fullcompensation to the Board member for salary and all travel expenses (air fare, rental or personalautomobile, motel room, meals, etc.) related to membership on the Board. If an issue or set ofissues requires additional time in meeting or in analyzing the issues, additional compensation ona per day basis can be made, if authorized in advance by the Engineer. Payment shall be made byissuing a work order against contingency funds set aside for this Contract.

The Department will pay all other non-salary and non-travel expensesrelated to operation of the Board. The Department will prepare and mail minutes and progressreports, will provide administrative services, such as conference facilities and secretarialservices, and will bear the cost of these services. If the Board desires special services, such aslegal consultation, accounting, data research, and the like, both parties must agree, and the costswill be shared by them as mutually agreed. The Engineer in accordance with Department policyoutside of this Contract shall make payment for non-salary and non-travel expenses and theDepartments share of special services.

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Sieve Size Percent by Weight Passing2 inch 100

1 1/2 inch 95 to 1003/4 inch 65 to 903/8 inch 45 to 75

No. 4 35 to 60 No. 10 25 to 45 No. 50 5 to 25

No. 200 0 to 10204-2.1.2 Liquid Limits and Plasticity Requirements : For Group 1 aggregates,

ensure that the fraction passing the No. 40 sieve has a Plasticity Index (AASHTO T 90) of notmore than 4.0 and a Liquid Limit (AASHTO T 89) of not more than 25, and contains not morethan 67% of its weight passing the No. 200 sieve.

For Group 2 aggregates, ensure that the material passing the No. 10 sieve has a sand equivalent (AASHTO T 176) value of not less than 28.

The Contractor may use graded aggregate of either Group 1 orGroup 2, but only use one group on any Contract. (Graded aggregate may be referred tohereinafter as aggregate.)

204-2.2 Reclaimed Concrete Aggregate Base Materials: Use reclaimed concreteaggregate base that meets the requirements of this Section after crushing and processing, thatwas produced from a source approved by the Department under Rule 14-103, FloridaAdministrative Code. The reclaimed concrete aggregate base supplier shall have Department ofEnvironmental Protection (DEP) permit requirements section 62-701.730 or be qualified as aclean debris source under DEP rules. The reclaimed concrete aggregate base shall consist ofcrushed concrete material derived from the crushing of hard Portland cement concrete.

204-2.2.1 Gradation : Meet the following gradation requirements:Sieve Size Percent by Weight Passing

2 inch 1003/4 inch 65 to 953/8 inch 40 to 85 No. 4 25 to 65

No. 10 20 to 50 No. 50 5 to 25

No. 200 0 to 10

204-2.2.2 Plasticity : Reclaimed concrete aggregate base shall not contain plasticsoils such that the minus 0.425 mm (No. 40) sieve material shall be non-plastic.

204-2.2.3 Limerock Bearing Ratio : Reclaimed concrete aggregate base shallhave a minimum limerock bearing ratio (LBR) of 120.204-2.2.4 Deleterious Substances : Reclaimed concrete aggregate base shall be

free of all materials that fall under the category of solid waste or hazardous materials as defined by the state or local jurisdiction. Reclaimed concrete aggregate base shall meet all Department ofEnvironmental Protection permit requirements which pertain to construction, demolition andrecycling of these materials. Reclaimed concrete aggregate base shall be substantially free fromother deleterious materials which are not classified as solid waste or hazardous materials.

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Reclaimed concrete aggregate base shall be asbestos free. The following limits shall not beexceeded:

Bituminous Concrete .................................................1% by weightBricks .........................................................................1% by weightWood and other organic substances ...........................0.1% by weight

Heavy Metals (except Lead) ......................................0.1% by weightLead............................................................................5 parts per millionReinforcing Steel and Welded Wire Fabric ...............0.1% by weightPlaster and gypsum board ..........................................0.1% by weight

204-3 Equipment.Provide equipment meeting the requirements of 200-3.

204-4 Transporting Aggregate.Transport aggregate as specified in 200-4.

204-5 Spreading Aggregate.Spread aggregate as specified in 200-5.

204-6 Compacting and Finishing Base.204-6.1 General: Meet the requirements of 200-7.1 with density requirements of 204-6.3.

204-6.1.1 Single-Course Base: Construct as specified in 200-6.1.1.204-6.1.2 Multiple-Course Base: Construct as specified in 200-6.1.2.

204-6.2 Moisture Content: Meet the requirements of 200-6.2.204-6.3 Density Requirements: Meet the requirements of 200-7.1, except after attaining

the proper moisture conditions, uniformly compact the material to a density of not less than100% of the maximum density as determined by FM 1-T 180. Ensure that the minimum densitythat will be acceptable at any location outside the traveled roadway (such as intersections,

crossovers, turnouts, etc.) is 98% of the maximum density.204-6.4 Correction of Defects: Meet the requirements of 200-6.4.204-6.5 Dust Abatement: Minimize the dispersion of dust from the base material during

construction and maintenance operations by applying water or other dust control materials.

204-7 Testing Surface.Test the surface in accordance with the requirements of 200-6.

204-8 Priming and Maintaining.Meet the requirements of 200-8.

204-9 Thickness Requirements.Meet the requirements of 200-6.3.

204-10 Calculations for Average Thickness of Base.Calculations for determining the average thickness of base will be made in accordance

with 285-7.

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204-11 Method of Measurement.204-11.1 General: The quantity to be paid for will be the area, in square yards,

completed and accepted.204-11.2 Authorized Normal Thickness Base: The surface area of authorized normal

thickness base will be calculated as specified in 9-1.3, omitting any areas not allowed for

payment under the provisions of 204-9 and omitting areas which are to be included for paymentunder 204-11.3. The area for payment, of authorized normal thickness base, will be the surfacearea determined as provided above, adjusted by adding or deducting, as appropriate, the area of

base represented by the difference between the calculated average thickness, determined as provided in 204-10, and the specified normal thickness, converted to equivalent square yards ofnormal thickness base.

204-11.3 Authorized Variable Thickness Base: As specified in 200-10.3.

204-12 Basis of Payment.Price and payment will be full compensation for all work specified in this Section,

including dust abatement, correcting all defective surface and deficient thickness, removingcracks and checks and the additional aggregate required for such crack elimination.

Payment will be made under:Item No. 285- 7- Optional Base - per square yard.

REPLACE GRATES.(REV 2-3-94) (1-10)

ARTICLE 425-1 (Pages 442 and 443) is expanded by the following:

Remove existing grates, and furnish and place new grates in accordance with the detailsshown in the plans.

ARTICLE 425-8 (Pages 444 and 445) is expanded by the following:

Price and payment for replacing grates will be made at the Contract unit price each,including all cost of labor and materials required for furnishing and placing new grates, andremoving and stockpiling existing grates.

Payment will be made under:Item No. 425- 82- Replace Grate - each.

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TRAFFIC STRIPES AND MARKINGS TWO REACTIVE COMPONENTS.(REV 9-24-09) (1-10)

SECTION 709 (Pages 793 795) is deleted and the following substituted:

SECTION 709TRAFFIC STRIPES AND MARKINGS TWO REACTIVE COMPONENTS

709-1 Description.Apply Two Reactive Component traffic stripes and markings in accordance with the

Contract Documents.

709-2 Materials.709-2.1 Two Reactive Components: Use only Two Reactive Component materials

listed on the Qualified Products List (QPL) as an approved system and meet the requirements of971-1 and 971-8. The Engineer will take random samples of the materials in accordance with theDepartments Sampling, Testing and Reporting Guide schedule.

709-2.2 Reflective elements: Use only reflective elements recommended by themanufacturer that meet the requirements of 971-1.7 and are part of the system listed on theQualified Products List (QPL).

709-3 Equipment.Use equipment capable of applying the Two Reactive Component material to the

pavement. Use equipment which can produce varying width traffic stripes and which meets thefollowing requirements:

(a) capable of traveling at a uniform rate of speed, both uphill and downhill, to produce a uniform application of the Two Reactive Component material and capable offollowing straight lines and making normal curves in true arcs.

(b) capable of applying reflective elements to the surface of the completed stripe by an automatic reflective element dispenser attached to the striping machine such that thereflective elements are dispensed closely behind the installed line. Use a reflective elementdispenser equipped with an automatic cut-off control that is synchronized with the cut-off of thematerial and applies the reflective elements in a manner such that the reflective elements appearuniform on the entire traffic stripes and markings surface with, 50 to 60% embedment.

(c) capable of providing the manufacturers recommended mixing ratio betweenthe components in a thorough and consistent manner.

709-4 Application.

709-4.1 General: Remove existing pavement markings, such that scars or traces ofremoved markings will not conflict with new stripes and markings by a method approved by theEngineer.

Before applying traffic stripes and markings, remove any material by a methodapproved by the Engineer that would adversely affect the bond of the traffic stripes.

Offset longitudinal lines at least 2 inches from construction joints of portlandcement concrete pavement.

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Apply traffic stripes or markings only to dry surfaces, and when the ambient airand surface temperature is at least 40F and rising. Do not apply pavement markings when windsare sufficient to cause spray dust.

Apply striping to the same tolerances in dimensions and in alignment specified in710-5. When applying traffic stripes and marking over existing markings, ensure that not more

than 2 inches on either end and not more than 1 inch on either side of the existing line is visible.Apply the Two Reactive Component product to the pavement in accordance withthe manufacturers instructions or as directed by the Engineer.

Conduct field tests in accordance with FM 5-541. Remove and replace trafficstripes and markings not meeting the requirements of this Section at no additional cost to theDepartment.

Apply all final pavement markings prior to opening the road to traffic.709-4.2 Thickness: Apply traffic stripes and markings to attain a minimum wet film

thickness in accordance with the manufacturers recommendations as identified on the QPLsystem.

709-4.3 Retroreflectivity: Apply white and yellow traffic stripes and markings that will

attain an initial retroreflectivity of not less than 450 mcd/lxm2

and not less than 350 mcd/lxm2

,respectively for all longitudinal and transverse lines.Measure, record and certify on the Department approved form and submit to the

Engineer, the retroreflectivity of white and yellow pavement markings in accordance withFlorida Method FM-5-541.

The Department reserves the right to test the markings within 3 days of receipt ofthe Contractors certification. Failure to afford the Department opportunity to test the markingswill result in non-payment. The test readings should be representative of the Contractors striping

performance. If the retroreflectivity values measure below values shown above, the striping will be removed and reapplied at the Contractors expense.

709-4.4 Color: Use materials that meet the requirements of 971-1.709-4.5 Reflective elements: Apply reflective elements to all white and yellow traffic

stripes or markings, at the rates determined by the manufacturers recommendations as identifiedon the QPL system.

709-5 Contractors Responsibility for Notification. Notify the Engineer prior to the placement of the materials. Furnish the Engineer with the

manufacturers name and batch numbers of the materials and reflective elements to be used.Ensure that the approved batch numbers appear on the materials and reflective elements

packages.

709-6 Protection of Newly Applied Traffic Stripes and Markings.Do not allow traffic onto or permit vehicles to cross newly applied pavement markings

until they are sufficiently dry. Remove and replace any portion of the pavement markingsdamaged by passing traffic or from any other cause, at no additional cost to the Department.

709-7 Observation Period.Pavement markings are subject to a 180 day observation period under normal traffic. The

observation period shall begin with the satisfactory completion and acceptance of the work. The pavement markings shall show no signs of failure due to blistering, excessive cracking, chipping,discoloration, poor adhesion to the pavement, loss of reflectivity or vehicular damage. The

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retroreflectivity shall meet the initial requirements of 709-4.3. The Department reserves the rightto check the color and retroreflectivity any time prior to the end of the observation period.

Replace, at no additional expense to the Department, any pavement markings that do not perform satisfactorily under traffic during the 180 day observation period.

709-8 Corrections for Deficiencies.Deficiencies will be corrected by removal and reapplication of a 1.0 mile section centered

around the deficiency at no additional cost to the Department.

709-9 Method of Measurement.The quantities to be paid for under this Section will be as follows:

(a) The length, in net miles, of 6 inch Solid Traffic Stripe, authorized andacceptably applied.

(b) The total traversed distance in gross miles of 10-30 or 3-9 skip line. The actualapplied line is 25% of the traverse distance for 1:3 ratio. This equates to 1,320 feet of marking

per mile of single line.(c) The net length, in feet, of all other types of lines and stripes, authorized and

acceptably applied.(d) The area, in square feet, of Remove Existing Pavement Markings, acceptably

removed.

709-10 Basis of Payment.Prices and payments will be full compensation for all work specified in this Section,

including, all cleaning and preparing of surfaces, furnishing of all materials, application, curingand protection of all items, protection of traffic, furnishing of all tools, machines and equipment,and all incidentals necessary to complete the work. Final payment will be withheld until alldeficiencies are corrected.

Payment will be made under:Item No. 709 Two Reactive Components

Traffic Stripes, Solid per net mile.Traffic Stripes, Solid per foot.Traffic Stripes, Skip per gross mile.Traffic Stripe Two Reactive Components, Remove persquare foot.

PAINTED PAVEMENT MARKINGS FINAL SURFACE.(REV 2-11-09) (1-10)

SUBARTICLE 710-4.1.1 (of the Supplemental Specifications) is deleted and thefollowing substituted:

710-4.1.1 Final Surface: Painted Pavement Markings (Final Surface) will includeone application of painted pavement markings and one application of Retro-reflective PavementMarkers applied to the final surface meeting the requirements of Section 706.

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SUBARTICLE 710-11.2 (Pages 799 - 800). The first paragraph is deleted and the

following substituted:

710-11.2 Lump Sum Payment : When the item for Painted Pavement Markings (FinalSurface) is included in the proposal, price and payment will be full compensation for all workspecified in this Section, and retro-reflective pavement markers applied to the final surface inaccordance with Section 706.

THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS APPLICATION.(REV 2-11-09) (1-10)

SUBARTICLE 711-4.1 (of the Supplemental Specifications) is expanded by thefollowing:

Do not place thermoplastic traffic stripes and markings on newly constructed finalsurface courses prior to 30 calendar days after placement of the final surface course. TheEngineer may require longer cure periods. Provide temporary pavement markings during theinterim period if the road is open to traffic.

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SUPPLEMENTALSPECIFICATIONS

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002 PREQUALIFICATION OF BIDDERS.(REV 6-2-09) (FA 6-4-09) (1-10)

ARTICLE 2-1 (Pages 9 and 10). The fifth paragraph is deleted and the followingsubstituted:

A person or affiliate who has been placed on the convicted vendor list following aconviction for a public entity crime may not be awarded or perform work as a contractor,supplier, subcontractor, or consultant under a contract with any public entity, and may nottransact business with any public entity in excess of the threshold amount provided inSection 287.017 F.S., for Category Two. All restrictions apply for a period of 36 months fromthe date of placement on the convicted vendor list.

003 EXECUTION OF CONTRACT BOND.(REV 8-10-09) (FA 8-13-09) (1-10)

ARTICLE 3-6 (Page 18) is deleted and the following substituted:

3-6 Execution of Contract and Bond.Within 10 calendar days, excluding Saturdays, Sundays and state holidays, after receipt

of the Contract award, execute the necessary agreements to enter into a contract with theDepartment and return the agreement along with a satisfactory surety bond and documentationevidencing all insurance required by 7-13 to the Departments Contracts Office that awarded theContract. For each calendar day that the successful bidder is late in delivering to theDepartments Contracts Office all required documents in properly executed form, theDepartment will deduct one day from the allowable Contract Time as specified in 8-7.1. TheDepartment will not be bound by any proposal until it executes the associated Contract. TheDepartment will execute the Contract and bond in the manner stipulated in 2-5.1.

The Department will execute the Contract within 5 calendar days, excluding Saturdays,Sundays and state holidays, after receipt of the necessary agreements and bond from theContractor.

ARTICLE 3-7 (Page 18) is deleted and the following substituted:

3-7 Failure by Contractor to Execute Contract and Furnish Bond.

In the event that the bidder fails to execute the awarded Contract and to file an acceptable bond, as prescribed in 3-5 and 3-6, within 10 calendar days, excluding Saturdays, Sundays andstate holidays, of receipt of the Contract award, the Department may annul the award, causingthe bidder to forfeit the proposal guaranty to the Department; not as a penalty but in liquidationof damages sustained. The Department may then award the Contract to the next lowestresponsible bidder, re-advertise, or accomplish the work using day labor.

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004 SCOPE OF THE WORK.(REV 7-28-09) (FA 7-30-09) (1-10)

SUBARTICLE 4-3.9.6 (Pages 28 and 29) is deleted and the following substituted:

4-3.9.6 Conditions of Acceptance for Major Design Modifications ofCategory 2 Bridges: A VECP 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 VECP shall undergo an independent peerreview conducted by a single independent engineering firm referred to for the purposes of thisarticle as the Independent Review Engineer who is not the originator of the VECP design, and is

pre-qualified by the Department in accordance with Rule 14-75, Florida Administrative Code.The independent peer review is intended to be a comprehensive, thorough verification of theoriginal work, giving assurance that the design is in compliance with all Departmentrequirements. The Independent Review Engineers comments, along with the resolution of eachcomment, 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 andthe design is in compliance with the Department requirements. If there are any unresolvedcomments the Independent Review Engineer shall specifically list all unresolved issues in thesigned and sealed cover letter. The independent peer review will be paid for by the Contractor.

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

New designs and independent peer reviews shall be in compliance with allapplicable Department, FHWA and AASHTO criteria requirements including bridge loadratings.

ARTICLE 4-6 (Pages 30 and 31) is deleted and the following substituted:

4-6 Final Cleaning Up of Right-of-Way.Upon completion of the work, and before the Department accepts the work and makes

final payment, remove from the right-of-way and adjacent property all falsework, equipment,surplus and discarded materials, rubbish and temporary structures; restore in an acceptablemanner all property, both public and private, that has been damaged during the prosecution ofthe work; and leave the waterways unobstructed and the roadway in a neat and presentablecondition throughout the entire length of the work under Contract. Do not dispose of materials ofany character, rubbish or equipment, on abutting property, with or without the consent of the

property owners. The Engineer will allow the Contractor to temporarily store equipment, surplusmaterials, usable forms, etc., on a well-kept site owned or leased by the Contractor, adjacent tothe project. However, do not place or store discarded equipment, materials, or rubbish on such asite.

Shape and dress areas adjacent to the project right-of-way that were used as plant sites,materials storage areas or equipment yards when they are no longer needed for such purposes .Restore these areas in accordance with 7-11.1 and 7-11.2 . Grass these areas when the Engineerdirects.

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006 DEFECTIVE MATERIALS.(REV 8-5-09) (FA 8-11-09) (1-10)

ARTICLE 6-4 (Pages 54 and 55) is deleted and the following substituted:6-4 Defective Materials.

Materials not meeting the requirements of these Specifications will be considereddefective. The Engineer will reject all such materials, whether in place or not. Remove allrejected material immediately from the site of the work and from storage areas, at no expense tothe Department.

Do not use material that has been rejected and the defects corrected, until the Engineerhas approved the materials use. Upon failure to comply promptly with any order of the Engineermade under the provisions of this Article, the Engineer has the authority to have the defectivematerial removed and replaced by other forces and deduct the cost of removal and replacementfrom any moneys due or to become due the Contractor.

As an exception to the above, within 30 calendar days of the termination of the LOT orrejection of the material, the Contractor may submit a proposed scope of work to the Engineerfor an engineering or independent laboratory (as approved by the Engineer) analysis todetermine the disposition of the material. A Specialty Engineer, who is an independentconsultant, or the Contractors Engineer of Record as stated within each individual Section shall

perform any such analysis. Upon the Engineers approval of the scope of work submitted by theContractor, the engineering analysis must be completed and the report must be submitted to theEngineer within 45 calendar days, or other time frame as approved by the Engineer. The reportmust be signed and sealed by the Specialty Engineer. The Engineer will determine the finaldisposition of the material after review of the information submitted by the Contractor. Noadditional monetary compensation or time extension will be granted for the impact of any suchanalysis or review.

007 LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC.(REV 6-24-09) (FA 8-27-09) (1-10)

SUBARTICLE 7-1.4 (Page 59) is deleted and the following substituted:

7-1.4 Compliance with Federal Endangered Species Act and other WildlifeRegulations: The Federal Endangered Species Act requires that the Department investigate the

potential impact to a threatened or endangered species prior to initiating an activity performed inconjunction with a highway construction project. If the Departments investigation determinesthat there is a potential impact to a protected, threatened or an endangered species, theDepartment will conduct an evaluation to determine what measures may be necessary to mitigatesuch impact. When mitigation measures and/or special conditions are necessary, these measuresand conditions will be addressed on the plans or in permits as identified in 7-2.1.

In addition, in cases where certain protected, threatened or endangered speciesmay unexpectedly be found or appear within close proximity to the project boundaries, the

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Department has established guidelines that will apply when interaction with certain speciesoccurs, absent of any special mitigation measures or permit conditions otherwise identified forthe project.

These guidelines are posted at the following URL address:www.dot.state.fl.us/specificationsoffice/Implemented/URLinSpecs/Files/endangeredwildlifeguid

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

Prior to establishing any off-project activity in conjunction with a project, notifythe Engineer of the proposed activity. Covered activities include but are not necessarily limitedto borrow pits, concrete or asphalt plant sites, disposal sites, field offices, and material orequipment storage sites. Include in the notification the Financial Project ID, a description of theactivity, the location of the site by township, range, section, county, and city, a site location mapincluding the access route, the name of the property owner, and a person to contact to arrange asite inspection. Provide this notification sufficiently in advance of planned commencement of theoff-site activity, to allow a reasonable period of time for the Engineer to conduct an investigation

without delaying job progress.Do not perform any off-project activity without obtaining written clearance fromthe Engineer. In the event the Departments investigation determines a potential impact to a

protected, threatened or endangered species and mitigation measures or permits are necessary,coordinate with the appropriate resource agencies for clearance, obtain permits and performmitigation measures as necessary. Immediately notify the Engineer in writing of the results ofthis coordination with the appropriate resource agencies. Additional compensation or time willnot be allowed for permitting or mitigation, associated with Contractor initiated off-projectactivities.

SUBARTICLE 7-11.4 (Page 67) is deleted as the following is substituted:

7-11.4 Traffic Signs, Signal Equipment, Highway Lighting and Guardrail: Protect allexisting roadside signs, signal equipment, highway lighting and guardrail, for which permanentremoval is not indicated, against damage or displacement. Whenever such signs, signalequipment, highway lighting or guardrail lie within the limits of construction, or wherever sodirected by the Engineer due to urgency of construction operations, take up and properly storethe existing roadside signs, signal equipment, highway lighting and guardrail and subsequentlyreset them at their original locations or, in the case of widened pavement or roadbed, at locationsdesignated by the Engineer.

If the Department determines that damage to such existing traffic signs, signalequipment, highway lighting or guardrail is caused by a third party(ies), and is not otherwise dueto any fault or activities of the Contractor, the Department will, with the exception of anydamage resulting from vandalism, compensate the Contractor for the costs associated with therepairs. Repair damage caused by vandalism at no expense to the Department.

Payment for repairs will be in accordance with 4-3.4.

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ARTICLE 7-25 (Pages 7680) is deleted and the following substituted:

7-25 On-The-Job Training Requirements.As part of the Contractors equal employment opportunity affirmative action program,

training shall be provided as follows:The Contractor shall provide on-the-job training aimed at developing full

journeymen in the type(s) of trade or job classification(s) involved in the work. In the event theContractor subcontracts a portion of the contract work, he/she shall determine how many, if any,of the trainees are to be trained by the subcontractor provided, that the Contractor shall retain the

primary responsibility for meeting the training requirements imposed by this Section. TheContractor shall apply the requirements of this Section to such subcontract. Where feasible, 25%of apprentices or trainees in each occupation shall be in their first year of apprenticeship ortraining.

The number of trainees will be estimated on the number of calendar days of thecontract, the dollar value, and the scope of work to be performed. The trainee goal will befinalized at a Post-Preconstruction Trainee Evaluation Meeting and the goal will be distributedamong the work classifications based on the following criteria:

1) Determine the number of trainees on Federal Aid Contract:(a) No trainees will be required for contracts with a contract time

allowance of less than 225 calendar days.(b) If the contract time allowance is 225 calendar days or more, the

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

Estimated Contract Amount Trainees RequiredUnder $1,000,000 0

Over $1,000,000 to $4,000,000 2Over $4,000,000 to $6,000,000 3

Over $6,000,000 to $12,000,000 5Over $12,000,000 to $18,000,000 7Over $18,000,000 to $24,000,000 9Over $24,000,000 to $31,000,000 12Over $31,000,000 to $37,000,000 13Over $37,000,000 to $43,000,000 14Over $43,000,000 to $49,000,000 15Over $49,000,000 to $55,000,000 16Over $55,000,000 to $62,000,000 17Over $62,000,000 to $68,000,000 18Over $68,000,000 to $74,000,000 19

Over $74,000,000 to $81,000,000 20Over $81,000,000 to $87,000,000 21Over $87,000,000 to $93,000,000 22Over $93,000,000 to $99,000,000 23

Over $99,000,000 to $105,000,000 24Over $105,000,000 to $112,000,000 25Over $112,000,000 to $118,000,000 26Over $118,000,000 to $124,000,000 27

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Estimated Contract Amount Trainees RequiredOver $124,000,000 to $130,000,000 28

Over $130,000,000 to **One additional trainee per $6,000,000 of estimated Construction Contract amount over$130,000,000

Further, if the Contractor or subcontractor requests to utilize banked trainees as discussedlater in this Section, a Banking Certificate will be validated at this meeting allowing credit to theContractor for previously banked trainees. Banked credits of prime Contractors working asSubcontractors may be accepted for credit. The Contractors Project Manager, the ConstructionProject Engineer and the Departments District Contract Compliance Manager will attend thismeeting. Within ten days after the Post-Preconstruction Training Evaluation Meeting, theContractor shall submit to the Department for approval an On-The-Job Training Scheduleindicating the number of trainees to be trained in each selected classification and the portion ofthe contract time during which training of each trainee is to take place. This schedule may besubject to change if the following occur:

1. When a start date on the approved On-The-Job Training Schedule has beenmissed by 14 or more days;

2. When there is a change(s) in previously approved classifications;3. When replacement trainees are added due to voluntary or involuntary

terminationThe revised schedule will be resubmitted to and approved by the Departments District

Contract Compliance Manager.The following criteria will be used in determining whether or not the Contractor has

complied with this Section as it relates to the number of trainees to be trained:1. Full credit will be allowed for each trainee that is both enrolled and

satisfactorily completes training on this Contract. Credit for trainees, over the established numberfor this Contract, will be carried in a bank for the Contractor and credit will be allowed forthose surplus trainees in subsequent, applicable projects. A banked trainee is described as anemployee who has been trained on a project, over and above the established goal, and for whichthe Contractor desires to preserve credit for utilization on a subsequent project.

2. Full credit will be allowed for each trainee that has been previously enrolled inthe Departments approved training program on another contract and continues training in thesame job classification for a significant period and completes his/her training on this Contract.

3. Full credit will be allowed for each trainee who, due to the amount of workavailable in his/her classification, is given the greatest practical amount of training on thecontract regardless of whether or not the trainee completes training.

4. Full credit will be allowed for any training position indicated in the approvedOn-The-Job Training Schedule, if the Contractor can demonstrate that he/she has made his/her agood faith effort to provide training in that classification.

5. No credit will be allowed for a trainee whose employment by the Contractor isinvoluntarily terminated unless the Contractor can clearly demonstrate good cause for this action.

The Contractor shall, as far as is practical, comply with the time frames established in theapproved On-The-Job Training Schedule. When this proves to be impractical, a revised scheduleshall be submitted and approved as provided above.

Training and upgrading of minorities, women and economically disadvantaged personstoward journeyman status is a primary objective of this Section. Accordingly, the Contractor

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shall make every effort to enroll minority trainees and women (e.g., by conducting systematicand direct recruitment through public and private sources likely to yield minority and womentrainees) to the extent such persons are available within a reasonable area of recruitment. If anon-minority male is enrolled into On-The-Job Training, the On-The-Job Training Notificationof Personnel Action Form notifying the District Contract Compliance Manager of such action

shall be accompanied by a disadvantaged certification or a justification for such actionacceptable to the Departments District Contract Compliance Manager. The Contractor will begiven an opportunity and will be responsible for demonstrating the steps that he has taken in

pursuance thereof, prior to a determination as to whether the Contractor is in compliance withthis Section. This training is not intended, and shall not be used, to discriminate against anyapplicant for training, whether a minority, woman or disadvantaged person.

No employee shall be employed as a trainee in any classification in which he/she hassuccessfully completed a training course leading to journeyman status, has been employed as a

journeyman, or has had extensive experience in the classification being considered for training.The Contractor shall satisfy this requirement by including appropriate questions in the employeeapplication or by other suitable means. Regardless of the method used, the Contractors records

should document the findings in each case.The minimum length and type of training for each classification will be as established atthe Post-Preconstruction Trainee Evaluation Meeting and approved by the Department.Graduation to journeyman status will be based upon satisfactory completion of a ProficiencyDemonstration set up at the completion of training and established for the specific trainingclassification, completion of the minimum hours in a training classification range, and theemployers satisfaction that the trainee does meet journeyman status in the classification oftraining. Upon reaching journeyman status, the following documentation must be forwarded tothe District Contract Compliance Office:

Trainee Enrollment and Personnel Action FormProficiency Demonstration Verification Form indicating completion of each

standard established for the classification signed by representatives of both the Contractor andthe Department; and,

A letter stating that the trainee has sufficiently progressed in the craft and is being promoted to journeyman status.

The Department and the Contractor shall establish a program that is tied to the scope ofthe work in the project and the length of operations providing it is reasonably calculated to meetthe equal employment opportunity obligations of the Contractor and to qualify the averagetrainee for journeyman status in the classifications concerned, by at least, the minimum hours

prescribed for a training classification. Furthermore, apprenticeship programs registered with theU.S. Department of Labor, Bureau of Apprenticeship and Training, or with a Stateapprenticeship agency recognized by the Bureau and training programs approved but notnecessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau ofApprenticeship and Training shall also be considered acceptable provided it is beingadministered in a manner consistent with the equal employment obligations of Federal Aidhighway construction contract. Approval or acceptance of a training schedule shall be obtainedfrom the Department prior to commencing work on the classifications covered by the program.

A voluntary On-The-Job Training Program is available to a Contractor which has beenawarded a state funded project. Through this program, the Contractor will have the option totrain employees on state funded projects for banked credit as discussed previously in this

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provision, to be utilized on subsequent Federal Aid Projects where training is required. ThoseContractors availing themselves of this opportunity to train personnel on state funded projectsand bank trainee hours for credit shall comply with all training criteria set forth in this Sectionfor Federal Aid Projects; voluntary banking may be denied by the Department if staff is notavailable to monitor compliance with the training criteria.

It is the intention of these provisions that training is to be provided in the constructioncrafts rather than clerk-typists or secretarial type positions. Training is permissible in positionssuch as office engineers, estimators, etc., where the training is oriented toward constructionapplications. Training in the laborer classification may be permitted provided that significant andmeaningful training is provided and approved by the District Contract Compliance Office. Someoffsite training is permissible as long as the training is an integral part of an approved training

program and does not compromise a significant part of the overall training.When approved in advance by the District Contract Compliance Manager, credit will be

given for training of persons in excess of the number specified herein under the current contractor a Contractor will be allowed to bank trainees who have successfully completed a training

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

approval of the Departments District Contract Compliance Manager. This credit will be giveneven though the Contractor may receive training program funds from other sources, providedsuch other source do not specifically prohibit the Contractor from receiving other form ofcompensation. Credit for offsite training indicated above may only be made to the Contractorwhere he does one or more of the following and the trainees are concurrently employed on aFederal Aid Project; contributes to the cost of the training, provides the instruction to the traineeand pays the trainees wages during the offsite training period.

No credit shall be given to the Contractor if either the failure to provide the requiredtraining, or the failure to hire the trainee as a journeyman for a period ample enough to allow theemployee time to gain experience in the training classification or failure to continue training theemployee time to gain experience in the training classifications is caused by the Contractor andevidences a lack of good faith on the part of the Contractor in meeting the requirements of thisSection.

The Contractor shall compensate the trainee at no less than the laborer rate established inthe Contract at the onset of training. This compensation rate will be increased to the

journeymans wage for that classification upon graduation from the training program.The Contractor shall furnish the trainee a copy of the program he will follow in providing

the training. The Contractor shall provide each trainee with a certification showing the type andlength of training satisfactorily completed. The Contractor shall enroll a trainee in one trainingclassification at a time to completion before the trainee can be enrolled in another classificationon the same project.

The Contractor shall maintain records to document the actual hours each trainee isengaged in training on work being performed as a part of this Contract.

The Contractor shall submit to the District Contract Compliance Manager a copy of anOn-The-Job Training Notification of Personnel Action form no later than seven days after theeffective date of the action when the following occurs: a trainee is transferred on the project,transferred from the project to continue training on another contract, completes training, isupgraded to journeyman status or voluntary terminates or is involuntary terminated from the

project.

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The Contractor shall furnish to the District Contract Compliance Manager a copy of aMonthly Time Report for each trainee. The Monthly Time Report for each month shall besubmitted no later than the tenth day of the subsequent month. The Monthly Time Report shallindicate the phases and sub-phases of the number of hours devoted to each.

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

Timekeeper, trainees will not be approved for the On-The-Job Training Program.Painters, Electricians, and Mechanics are identified as crafts under-utilized by minorities.All training classifications except Laborers are identified as under-utilized by females.

Priority selection should also include those crafts under-utilized and/or void of minoritiesand/or female by that particular companys workforce.

If the Contractor does not select a training classification that has been targeted as anunder-utilized craft, and those classifications can be used for the selection of training for this

project, the On-The-Job Training Schedule will not be approved unless written justification forexceptions is attached.

009 MEASUREMENT AND PAYMENT.(REV 7-25-06) (FA 7-27-06) (1-10)

SUBARTICLE 9-2.1.1 (Pages 96 and 97) is deleted and the following substituted:

9-2.1.1 Fuels : The Department will, in the Contract Documents, provide an estimatedquantity for fuel requirements for gasoline and diesel to cover the work specified in the Contract.Price adjustments will be made only for the amount of gasoline and diesel fuel estimated by theDepartment as required to complete the Contract. The requirement of each type of fuel for each

pay item is estimated by multiplying the Departments standard fuel factor for that pay item bythe quantity of that pay item. On Contracts with an original Contract Time in excess of 120calendar days, the Department will make price adjustments on each applicable progress estimateto reflect increases or decreases in the price of gasoline and diesel from those in effect during themonth in which bids were received. The Contractor will not be given the option of accepting orrejecting these adjustments. Price adjustments for these fuels will be made only when the currentfuel price (CFP) varies by more than 5% from the price prevailing in the month when bids werereceived (BFP), and then only on the portion that exceeds 5%.

Price adjustments will be based on the monthly bulk average price for gasand diesel as derived by the Department. These average indexes shall be determined byaveraging bulk fuel prices on the first day of each month as quoted by major oil companies thatare reasonably expected to furnish fuel for projects in the State of Florida. Average price indicesfor gasoline and diesel will be available on the Construction Office website before the 15th ofeach month, at the following URL:www.dot.state.fl.us/construction/fuel&Bit/Fuel&Bit.htm .

Payment will be based on the quantities shown on the progress estimate onall items for which established standard fuel factors are on a file maintained by the Department.

Payment on progress estimates will be adjusted to reflect adjustments inthe prices for gasoline and diesel in accordance with the following:

When fuel prices have decreased between month of bid and month of this progress estimate:

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Ai = Fi (Pi - 0.95 Pb) during a period of decreasing prices.Ai = Total dollar amount - positive or negative - of the cost

adjustment for each kind of fuel used by the Contractor during the month i.Fi = Total gallons calculated as being used during the month.Pi = Average price for fuel prevailing during month i.

Pb = Average price for fuel prevailing during the month b when bids were received on this Contract.When fuel prices have increased between month of bid and month of this

progress estimate:Ai = Fi (Pi - 1.05 Pb) during a period of increasing prices.Ai = Total dollar amount - positive or negative - of the cost

adjustment for each kind of fuel used by the Contractor during the month i.Fi = Total gallons calculated as being used during the month.Pi = Average price for fuel prevailing during month i.Pb = Average price for fuel prevailing during the month b when

bids were received on this Contract.

Payment will be made on the current progress estimate to reflect the indexdifference at the time work was performed.Adjustments will be paid or charged to the Prime Contractor only. Any

Contractor receiving an adjustment under this provision shall distribute the proper proportional part of such adjustment to subcontractors who perform applicable work.

102 MAINTENANCE OF TRAFFIC.(REV 8-4-09) (FA 8-11-09) (1-10)

SECTION 102 (Pages 109126) is deleted and the following substituted:

SECTION 102MAINTENANCE OF TRAFFIC

102-1 Description.Maintain traffic within the limits of the project for the duration of the construction period,

including any temporary suspensions of the work. Construct and maintain detours. Providefacilities for access to residences, businesses, etc., along the project. Furnish, install and maintaintraffic control and safety devices during construction. Furnish and install work zone pavementmarkings for maintenance of traffic in construction areas. Provide any other special requirementsfor safe and expeditious movement of traffic specified on the plans. Maintenance of Trafficincludes all facilities, devices and operations as required for safety and convenience of the publicwithin the work zone.

Do not maintain traffic over those portions of the project where no work is to beaccomplished or where construction operations will not affect existing roads. Do not obstruct orcreate a hazard to any traffic during the performance of the work, and repair any damage toexisting pavement open to traffic.

Include the cost of any work that is necessary to meet the requirements of the ContractDocuments under the MOT pay item, when there is not a pay item provided.

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102-2 Materials.Meet the following requirements:

Bituminous Adhesive ..........................................Section 970Temporary Retroreflective Pavement MarkersSection 990Paint ................................................................Section 971

Removable Tape .................................................Section 990Glass Spheres ......................................................Section 971Temporary Traffic Control Device Materials .....Section 990Retroreflective and Nonreflective Sheetingfor Temporary Traffic Control Devices ..............Section 994

102-2.1 Temporary Traffic Control Devices: Use only the materials meeting therequirements of Section 990, Section 994, Design Standards and the MUTCD.

102-2.2 Detour: Provide all materials for the construction and maintenance of alldetours.

102-2.3 Commercial Materials for Driveway Maintenance: Provide materials of the

type typically used for base, including recycled asphalt pavement material, and having stabilityand drainage properties that will provide a firm surface under wet conditions.

102-3 Specific Requirements.102-3.1 Beginning Date of Contractors Responsibility: Maintain traffic starting the

day work begins on the project or on the first day Contract time is charged, whichever is earlier.102-3.2 Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor in

accordance with Section 105. Provide the Worksite Traffic Supervisor with all equipment andmaterials needed to set up, take down, maintain traffic con