Performance-Based Pavement Warranty Practices (2020)

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D-1 A P P E N D I X D Florida DOT Warranty Information Section 8.14 Value Added Features Available at: https://fdotwww.blob.core.windows.net/sitefinity/docs/default- source/construction/manuals/cpam/ newcleanchapters/chapter8s14.pdf?sfvrsn=2b67a861_2 8.14.1 PURPOSE To establish a standard administrative procedure for tracking and monitoring Value Added Features (VAF) for compliance with the contract specifications. The procedure sets forth the responsibilities for inspecting and accepting remedial work (RW) required to bring the features in compliance with the specifications. This procedure is primarily for the use of District Construction and Maintenance personnel responsible for monitoring and tracking VAF. In order to maximize the use of Department resources, the Department’s routine Maintenance Inspection Program should be utilized as much as possible for inspections to evaluate projects with Value Added Features. This procedure covers all VAF listed below. The VAF have certain procedural steps that are common to all, as well as steps that are unique to each. Therefore, the following includes one subsection for common procedural steps as well as individual subsections for each of the unique steps pertaining to the VAF. 8.14.2 AUTHORITY Sections 334.048(3) and 20.23(3)(a), Florida Statutes 8.14.3 REFERENCES The following contract specifications deal with Value Added Features (VAF): (1) Specification Section 338, Value Added Asphalt Pavement (2) Specification Section 338B, Value Added Reworked Asphalt Concrete Pavement (3) Specification Section 338C, Value Added Repaved Asphalt Concrete Pavement (4) Specification Section 355, Value Added Portland Cement Concrete Pavement (5) Specification Section 475, Value Added Bridge Components Design Build Only (6) Specification Section 570, Performance Turf (7) Specification Section 580, Landscape Installation (8) Specification Section 649, Galvanized Steel Strain Poles, Mast Arms and Monotube Assemblies (9) Specification Sections 701, 702, 709, 711 and 713 Traffic Stripes and Markings (10) Other Warranty Items 8.14.5 GENERAL The Districts will designate an individual or individuals from the Operations Center Offices/Residence Construction Offices (OCO/RCO) as the District Warranty Coordinator (DWC). This individual administers the warranty program for the District. The common procedural steps primarily cover the duties of the District Warranty Coordinator (DWC) that must take place prior to the steps unique to each feature. 8.14.6 COMMON PROCEDURE STEPS (1) The DWC shall develop and maintain a list of projects that have VAFs. The list should be updated by adding projects after award and execution of a project with value added features. The information gathered for each project should include, at a minimum, the identification of each VAF to be incorporated into the project and

D-2 Performance-Based Pavement Warranty Practices CIM system. The durations for the warranty period for a VAF are pre-loaded by the CIM system based on the warranty duration designated by the specifications. (2) Project personnel responsible for the administration of the project should identify and enter the required warranty data into the CIM system prior to or at final acceptance of the project. Information pertaining to the VAF is identified in the applicable specifications for the contract. The appropriate contact information for each VAF should include the Responsible Party (RP) for the feature as well as the maintenance and construction personnel involved in the administration of the project. Project personnel responsible for entering the warranty information shall notify the appropriate DWC once the information has been entered into the system. (3) The DWC shall review the VAF data entered into CIM by the project personnel for accuracy and completeness. The DWC shall ensure that any revisions are addressed correctly. The DWC will be responsible for the administration of the warranty throughout the warranty period. (4) The DWC will be responsible for coordinating with the District and SMO personnel responsible for performing inspections or evaluations of the VAFs. Warranty inspections for the VAF shall, at a minimum, be done at intervals as assigned by the CIM system. The CIM tracking system will automatically notify the DWC of upcoming warranty inspection needs. (5) The inspections results, for the interim and final inspections shall be input into the CIM tracking system. All comments, reports, and inspection documentation generated during the inspection may be input in the CIM using the General tabs located in the upper right corner of the Value Added Feature page. Additional guidance on the use of the CIM Tracking system is provided by the “VAF User Guide” located in the upper left corner of the Value Added Feature page. Upon completion of the interim or final inspection of the feature, the status of the inspection shall be entered into the system as “COMPLETED” or “ONGOING”. The warranty inspections status will be designated as “COMPLETED” when no deficiencies are found and “ONGOING” when deficiencies are detected. The “ONGOING” inspection status will remain until all deficiencies have been corrected. (6) The DWC will be responsible for coordinating the required remedial work performed by the RP and District personnel responsible for oversight and acceptance of the remedial work. (7) The DWC will coordinate a final inspection of the VAF to ensure that the final inspection occurs prior to the end of the warranty period. The Final inspection is defined in the contract and is to occur in advance of the warranty end date to allow for any administrative actions required under the warranty provisions for the feature. All notifications for required remedial actions shall be provided in writing to the RP prior to the end date of the warranty period. The DWC will document the RP’s receipt of the notification. If corrections are needed for the project, the DWC will manage and coordinate the RW for the feature in accordance with the specifications and this procedure. (8) duration specified in the VAF specifications. The DWC should review the Request for Proposal (RFP) and the Contractors Technical proposal to determine the actual items and durations covered by the warranty provisions of the contract. 8.14.7 DISPUTE RESOLUTION The Statewide Disputes Review Board (SDRB), as provided in the appropriate specification, shall be used to resolve disputes that arise on contracts which contain VAF. A SDRB will be used to resolve all disputes that may develop involving the administration and enforcement of the specifications. The determinations of a SDRB shall be binding on both the RP and the Department, with no right of appeal by either party. The RP will be responsible for requesting and scheduling the disputes review board hearing. The DWC will coordinate all aspects of the hearing on behalf of the Department. SDRB decisions shall be sent to the State Construction Office for review. All correspondence and documentation pertaining to the SDRB proceedings shall be input into the CIM tracking system. 8.14.8 FAILURE TO PERFORM Should the RP fail to timely submit and schedule a hearing before the SDRB, fail to satisfactorily perform the remedial work, or fail to compensate the Department for any remedial work performed by the Department which is determined to be the responsibility of the RP, the DWC, with concurrence from the DCE, shall provide notification contact information for all individuals responsible for administration and performance of the feature. Once a VAF has been identified based on the contract, it can be selected from the pre-defined drop down menu in the For Design Build Projects, the Contractor or the designated RP shall be responsible for the RW for the

Florida DOT Warranty Information D-3 to the Statewide Warranty Coordinator in the State Construction Office (SCO) to initiate the appropriate action in accordance with the specifications. Upon notification by the District, the SCO will review and initiate the appropriate action pursuant to the terms of the contract. The SCO will review the contract as well as the information provided by the DWC and determine the appropriate action(s) to be taken in accordance with the terms of the contract. The SCO will initiate available administrative or contractual actions as a result of the RPs failure to perform the contract requirements for VAF. 8.14.9 VALUE ADDED ASPHALT PAVEMENT (Spec. Section 338) 8.14.9.1 Pavement Performance Monitoring Operations (1) The DWC will be responsible for coordinating inspections of the value added asphalt pavement at intervals as prescribed by the specifications. The CIM tracking system will automatically notify the DWC of the need for inspections at pre-determined intervals. The CIM system allows additional interim inspections to be scheduled on an as needed basis. Any comments or notations pertaining to observations made during the inspections should be entered into the system using the notes tab on the VAF page. All pertinent documentation pertaining to the inspection/evaluation of VAF shall be entered into the system under the “File” tab as attachments for the inspection. (2) District inspection personnel should perform periodic inspections by driving through the project and randomly stopping at locations to visually inspect the pavement for any distresses. Pavement deficiencies shall be classified and documented in accordance with the “Category of Pavement” as defined by the Valued Added Asphalt Pavement specifications. The frequency of inspections shall be performed annually (as a minimum). Inspection personnel shall document the inspection results with photographs or video recordings and with sufficient detail to allow the DWC to determine whether further evaluation is required. The inspection results shall be sent to the DWC for review and disposition to the appropriate parties. The DWC will coordinate with the appropriate District Materials Office personnel and other Department personnel as required. All pertinent information and documentation shall be input into the tracking system. When possible, document the location where photographs were taken. 8.14.9.2 Assessment of Pavement Distresses (1) The Department’s Pavement Condition Survey (PCS) Program, along with observations and inspections by Department personnel, will be used as the basis for determining the extent and magnitude of the pavement distresses that exceed the threshold values defined by the specification. The Department, as a function of Pavement Management Program, annually surveys all highways on the State Highway System. The survey is conducted normally in the outside lane only. The Pavement Management Office analyzes the Pavement Condition Survey information and develops a report annually, providing information for all asphalt warranty projects exceeding the rut threshold. The report is available at the following link: http://infonet.dot.state.fl.us/PavementManagement/OnlineReports/performanceInfo.htm The Department will perform annual inspections (as a minimum) to monitor the pavement performance throughout the warranty period. If deficiencies are observed during the inspections, the observations shall be documented with sufficient supporting documentation to enable the DWC to determine if further evaluation is required. The District may, based on the visual observations during the interim inspections or the analysis of the annual Pavement Condition Surveys, request a more detailed PCS by contacting the SMO or using the online request form at the following link: https://www.fdot.gov/materials/pavement/performance/pcs/index.shtm The DWC will be responsible for coordinating inspections during the warranty period. The DWC will notify the RP in writing when a PCS will be conducted. (2) If the survey is conducted at or near the end of the warranty period, the SMO or DMO should be contacted sufficiently in advance of the expiration date to allow the survey to be conducted and notification (if required) to the RP within the timeframes established in the contract that remedial work will be required. The RP must receive written notification of “Required Remedial Action” prior to the expiration of the warranty period. The

D-4 Performance-Based Pavement Warranty Practices DWC will document the RP’s receipt of notification. If no deficiencies are observed during the inspections (interim or final) the inspection result will be entered into the CIM tracking system as “COMPLETE” and no further action is required. All documentation produced as a result of the inspections shall be entered into the CIM tracking system. If the inspection reveals pavement deficiencies, the DWC will send a copy of the inspection report and all other documentation to the DMO for review. The DWC shall request the District Materials & Research Engineer (DMRE) to provide an assessment of the pavement distresses and provide recommendations as to whether remedial work is required and whether the remedial work is the responsibility of the RP. (3) The DWC will consult with the DMO and review the inspection information and the PCS (if performed) to determine whether immediate corrective work is required based on the type and severity of the pavement deficiencies. If the pavement distresses do not require immediate RW, the DWC will provide the RP with a copy of the results of the inspections (including the PCS if performed) for their review. The RP will be advised that the Department will monitor the pavement performance for the remainder of the warranty period and that RW will be required prior to the end date of the warranty period. Note: The DWC should review the contract specifications carefully and adhere to the specified timeframes within the specifications. 8.14.9.3 Remedial Work Required After review of the documentation and the recommendations of the DBE and DMRE, the DWC determines that RW is required, the DWC will immediately provide verbal or electronic notification (email) to the RP that RW will be required under the warranty provisions of the contract. The verbal or electronic notification shall be followed with written “Notice of Required Remedial Action” (Notice) to the RP by certified mail with the appropriate backup documentation including date of receipt of the Notice by the RP. The Notice shall be signed by the District Construction Engineer. The Statewide Warranty Coordinator in the SCO shall be copied on all correspondence pertaining to the remedial work. It is important to note that under Section 338 of the Standard Specifications, the Contractor may designate a RP for maintaining the Value Added Asphalt Pavement by using form Value Added Assumptions of Obligations by a Subcontractor as the Responsible Party, # 700-010-53. The Notice of Required Remedial Action shall request the RP provide the Department with its plan detailing how the RW will be accomplished and that repairs must begin within 45 calendar days of notification in accordance with the Value Added specifications. The RP will also be advised that, if they dispute the Departments findings, they are to provide written notification to the Department within 30 calendar days of receipt of the notification and to request a hearing before the SDRB. It will be the obligation of the RP to schedule and coordinate the hearing. A copy of the letter and accompanying documentation will be sent to the District Construction Office and the DWC will be responsible for coordination of the SDRB hearing or the RP’s performance of the required RW. 8.14.9.4 Responsible Party Not Responsible for Remedial Work (1) If the RW is determined not to be the responsibility of the RP, the DWC will refer the issue to the DCE or the DME for a determination as to how the RW work will be accomplished. The DWC will notify the RP (in writing), that it is not responsible for the RW. (2) When the Remedial Work is completed, the DWC will update the CIM tracking system with all appropriate information. (3) The DWC will send a copy of the updated records from the tracking system to the RP for information if requested. 8.14.9.5 Performance of the Remedial Work by the Responsible Party (1) The DWC (or designee) will be responsible for coordinating the inspection and oversight on behalf of the Department to ensure that the construction operations of the RW are in compliance with all provisions of the contract specifications. The DWC (or designee) will arrange for a qualified inspector to monitor the construction activities of the RP for acceptance of the RW. (2) If any RW is unacceptable, the RP shall be required to correct the deficiency to the satisfaction of the Engineer in accordance with the specifications. (3) When the RW is completed and accepted, the DWC shall notify the RP in writing of acceptance of the work and update the information in the CIM tracking system for the project.

Florida DOT Warranty Information D-5 8.14.10 VALUE ADDED REWORKED ASPHALT CONCRETE PAVEMENT (Spec. Section 338B) and VALUE ADDED REPAVED ASPHALT PAVEMENT (Spec. Section 338C) The administration of the warranty for Value Added Reworked Asphalt Concrete Pavement and Value Added Repaved Asphalt Concrete Pavement are similar to the administration of the Value Added Asphalt Pavement (Section 338) above, except that the Reworked and Repaved Asphalt Concrete Pavements are subject to a warranty period, and a warranty/maintenance bond, warranting the asphalt pavement for the duration of the warranty period. The DWC shall be responsible for the administration of the Warranty after final acceptance of the Contract. If during the warranty period, deficiencies are detected that require remedial repairs, the DWC will coordinate all such requests with the Statewide Warranty Coordinator in the State Construction Off ice. Should any administrative actions become necessary under the Warranty/Bond provisions of the Contract, the DWC shall contact the Statewide Warranty Coordinator prior to notification of the Contractor. Section 338 Value Added Asphalt Pavement https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/programmanagement/implemented/ specbooks/january2019/files/338-119.pdf?sfvrsn=d7eb46ce_2 338-1 Description. Construct Value Added Asphalt Pavement consisting of Asphalt Concrete Structural Course and Asphalt Concrete Friction Course, subject to a three year warranty period after final acceptance of the Contract in accordance with 5- 11. For purposes of this Specification, the Responsible Party, as designated herein, is responsible for performance of the Value Added Asphalt Pavement including continued responsibility for performing all remedial work associated with pavement distresses exceeding threshold values determined in accordance with this Section, and as to which notice was provided to the Responsible Party. The work specified in this Section will not be paid for directly, but will be considered as incidental to other Contract items. 338-2 Materials and Construction Requirements. Meet the following requirements: Hot Bituminous Mixtures - Plant, Methods, and Equipment ..................................................Section 320 Hot Bituminous Mixtures - General Construction Requirements ...........................................Section 330 Superpave Asphalt Concrete ...................................................................................................Section 334 Asphalt Concrete Friction Courses .........................................................................................Section 337 338-3 Responsible Party. Prior to any Value Added Asphalt Pavement being placed on the project, the Contractor shall designate a Responsible Party to accept responsibility for maintaining the Value Added Asphalt Pavement, when remedial work is required. When the scope of the asphalt work is only milling and resurfacing, and there is no construction of the embankment, subgrade, or base below the pavement included in the Contract, the Responsible Party may be either the Contractor or the Department approved subcontractor performing the Value Added Asphalt Pavement work. When the construction of the embankment, subgrade, or base below the pavement is included in the Contract, in addition to the construction of the Asphalt Concrete Structural Course and Asphalt Concrete Friction Course, the Contractor shall be considered as the Responsible Party. When the Responsible Party is a subcontractor, the subcontractor must be pre-qualified with the Department in the category of asphalt, and such designation must be made to the Department by the Contractor. The proposed subcontractor must execute and submit to the Department a form, provided by the Department, prior to or concurrent with the Contractor’s request to sublet any Value Added Asphalt Pavement work, stipulating that the subcontractor assumes all responsibility as the Responsible Party for the Value Added Asphalt Pavement within the three-year warranty period. Failure to timely designate the Responsible Party will result in the Contractor being the Responsible Party unless otherwise agreed to in writing by the Department.

D-6 Performance-Based Pavement Warranty Practices all the work or facilities within the project limits of the Contract will terminate in accordance with 5-11; with the sole exception that the obligations set forth in this Section for Value Added Asphalt Pavement will continue thereafter to be the responsibility of the Responsible Party as otherwise provided in this Section. 338-4 Statewide Disputes Review Board. The Statewide Disputes Review Board in effect for this Contract will resolve any and all disputes that may arise involving administration and enforcement of this Specification. The Responsible Party and the Department acknowledge that use of the Statewide Disputes Review Board is required, and the determinations of the Statewide Disputes Review Board for disputes arising out of this Specification will be binding on both the Responsible Party and the Department, with no right of appeal by either party. Meet the requirements of 8-3. 338-5 Pavement Evaluation and Remedial Work. 338-5.1 General: The Department’s Pavement Condition Survey Program, along with observations by the Engineer, will be used as the basis for determining the extent and the magnitude of the pavement distresses occurring on the project. In the event the level of distress exceeds any of the threshold values defined below, remedial work as described in 338-5.5 by the Responsible Party will be required. The Department will monitor the pavement for distresses and may require remedial action at any time. For evaluation purposes, the project will be subdivided into LOTs of 0.1 mile (0.16 km) per lane. When the segment is less than 0.1 mile (0.16 km), the segment will be called a partial LOT. For purposes of threshold values and remedial work, partial lots and lots will be treated as lots. The Department may conduct a Pavement Condition Survey of the value added pavement following the final acceptance of the project, and at intermediate times throughout the warranty period with findings provided when considered by the Department to be the obligation of the Responsible Party. The final survey, if determined by the Engineer to be necessary, will be conducted before the end of the warranty period with results provided to the Responsible Party for those conditions exceeding contract threshold values requiring remedial action that the Department believes to be an obligation of the Responsible Party. The Department will be responsible for all costs associated with the surveys. If the survey findings, intermediate or final, are to be disputed by the Responsible Party, written notification must be submitted to the Engineer within 30 calendar days of the date of receipt of the information from the Department. During the warranty period, the Responsible Party may monitor the project using nondestructive methods and may participate with the Department in the Pavement Condition Surveys upon request. The Responsible Party shall not conduct any coring, milling, or other destructive methods without prior approval by the Engineer. 338-5.2 Category 1 Pavement: For purposes of this Specification, “Category 1 Pavement” is defined as mainline roadways, access roads, and frontage roads with a design speed of 55 mph and greater. Threshold values and associated remedial work for Category 1 Value Added Asphalt Pavement are specified in Table 338-1. TABLE 338-1 Category 1 Pavements Type of Distress Threshold Values Remedial Work Rutting(1) Depth > 0.25 inch Remove and replace the distressed LOT(s) to the full depth of all layers and to the full lane width (2) Ride(3) RN < 3.5 Remove and replace the friction course layer for the full length and the full lane width of the distressed LOT(s)(4) Settlement / Depression(5) Depth ≥ 1/2 inch Propose the method of correction to the Engineer for approval prior to beginning remedial work Cracking (6) Cumulative length of cracking > 30 feet for Cracks > 1/8 inch Remove and replace the distressed LOT(s) to the full depth of all layers, and to the full lane width (7) Raveling and/or Delamination affecting the Friction Course(8) Any length Remove and replace the distressed area(s) to the full distressed depth and the full lane width for the full distressed length plus 50’ on each end Upon final acceptance of the Contract in accordance with 5-11, the Contractor’s responsibility for maintenance of

Florida DOT Warranty Information D-7 Pot holes and Slippage Area(s)(8) Observation by Engineer Remove and replace the distressed area(s) to the full distressed depth and the full lane width for the full distressed length plus 50’ on each end Bleeding(9) Loss of surface texture due to excess asphalt, individual area ≥ 10 sf. Remove and replace the distressed area(s) to the full distressed depth and the full lane width for the full distressed length plus 50’ on each end (1) Rutting: Rut depth to be determined by Laser Profiler in accordance with the Flexible Pavement Condition Survey Handbook. For any LOT that cannot be surveyed by Laser Profiler, the rut depth will be determined manually in accordance with the Flexible Pavement Condition Survey Handbook, with the exception that the number of readings per LOT will be one every 20 feet. For a partial LOT, a minimum of three measurements not exceeding 20 feet apart will be made. When the average of the measurements obtained manually exceeds 0.30 inch or if any individual measurement exceeds 0.6 inch, remedial work will be required. (2) Remedial Work for Rutting: The Contractor may propose removal and replacement of less than the full depth of all layers by preparation and submittal of a signed and sealed engineering analysis report, demonstrating the actual extent of the distressed area(s). Remedial work must be performed in accordance with Table 338-1 unless approved otherwise by the Engineer. (3) Ride: Ride Number (RN) to be established by Laser Profiler in accordance with FM 5-549. (4) If the deficient ride is due to underlying asphalt layers; base, subgrade, or embankment which were constructed by the Responsible Party, propose the method of correction to the Engineer for approval prior to beginning the remedial work. (5) Settlement/Depression: Depth of the settlement/depression to be determined by a 6 foot manual straightedge. (6) Cracking: Beginning and ending of 1/8 inch cracking will be determined as the average of three measurements taken at one foot intervals. The longitudinal construction joint at the lane line will not be considered as a crack. (7) Remedial Work for Cracking: The Contractor may propose removal and replacement of less than the full depth of all layers by preparation and submittal of a signed and sealed engineering analysis report, demonstrating the actual extent of the distressed area(s). Remedial work must be performed in accordance with Table 338-1 unless approved otherwise by the Engineer. (8) Raveling, Delamination, Pot holes, Slippage: As defined and determined by the Engineer in accordance with the examples displayed at the following URL: http://www.fdot.gov/programmanagement/Implemented/URLinSpecs/Pavement.shtm (9) Bleeding: Bleeding to be defined and determined by the Engineer in accordance with the examples displayed at the following URL: http://www.fdot.gov/programmanagement/Implemented/URLinSpecs/Pavement.shtm 338-5.3 Category 2 Pavement: For purposes of this Specification, ”Category 2 Pavement” is defined as mainline roadways, access roads and frontage roads with a design speed less than 55 mph; approach transition and merge areas at toll booths; ramps; acceleration and deceleration lanes (including tapers); turn lanes; parking areas; rest areas; weigh stations; and agricultural inspection stations. Threshold values and associated remedial work for Category 2 Value Added Asphalt Pavement are specified in Table 338-2. TABLE 338-2 Category 2 Pavements Type of Distress Threshold Values Remedial Work Rutting(1) Measured by Laser Profiler: See Table 338-1 See Table 338-1 Manual Measurement: Avg. Depth > 0.4 inch Remove and replace 1.5 inch(1a) the full lane width for the area plus 50 feet Cracking Cumulative length of cracking > 300 feet for Cracks > 1/8 inch See Table 338-1 Surface Deterioration(2) See Table 338-1 See Table 338-1 Settlement/Depression(3) Depth ≥ 1/2 inch See Table 338-1 (1) Rutting: Rut depth to be determined by Laser Profiler in accordance with the Flexible Pavement Condition Survey Handbook. For any LOT that cannot be surveyed by the Laser Profiler, the rut depth will be determined manually in accordance with the Flexible Pavement Condition Survey Handbook, with the exception that the number of readings per LOT will be one every 20 feet. For partial LOT, minimum of three measurements not exceeding 20 feet apart will be checked. When the average of the measurements obtained manually exceeds 0.40 inch, or if any individual measurement exceeds 0.6 inch, remedial work will be required... (1a) If pavement has an open graded friction course, remove and replace 2.0 inches. (2) Surface Deterioration: As used in Table 338-2, Surface Deterioration includes Raveling and/or Delamination affecting the Friction Course; Pot holes; Slippage Area(s); and Bleeding; all as defined and footnoted in Table 338-1. (3) Settlement/Depression: Depth of the settlement/depression to be determined by a 6 foot manual straightedge. 338-5.4 Category 3 Pavement: For purposes of this Specification, “Category 3 Pavement” is defined as bicycle paths, walking paths, median crossovers, shoulders and other areas as determined by the Engineer. Threshold values and associated remedial work for Category 3 Value Added Asphalt Pavement are specified in Table 338-3.

D-8 Performance-Based Pavement Warranty Practices TABLE 338-3 Category 3 Pavements Type of Distress Threshold Values Remedial Work Rutting N/A N/A Cracking Cumulative length of cracking > 500 feet for Cracks > 1/8 inch See Table 338-1 Surface Deterioration (1) See Table 338-1 See Table 338-1 Settlement/Depression(2) Depth ≥ 1/2 inch See Table 338-1 (1) Surface Deterioration: As used in Table 338-3, Surface Deterioration includes Raveling and/or Delamination affecting the Friction Course; Pot holes; Slippage Area(s); and Bleeding; all as defined and footnoted in Table 338-1. Raveling of FC-5 for Category 3 Pavements is excluded from this requirement. (2) Settlement/Depression: Depth of the settlement/depression to be determined by a 6 foot manual straightedge. 338-5.5 Remedial Work: The Responsible Party will perform all necessary remedial work described within this Section at no cost to the Department. If the pavement distresses exceed threshold values and it is determined that the cause of the distress is due to the embankment, subgrade, base or other activities performed by the Contractor, the Responsible Party will be responsible for performing all remedial work associated with the pavement distress. Should an impasse develop in any regard as to the need for remedial work or the extent required, the Statewide Disputes Review Board will render a final decision by majority vote. Remedial work will not be required if any one of the following conditions is found to apply: a. Determination that the pavement thickness design as provided by the Department is deficient. The Department will make available a copy of the original pavement thickness design package and design traffic report to the Responsible Party upon request. The Responsible Party is responsible for performing all remedial work associated with the pavement distress if the pavement design is provided by the Contractor. b. Determination that the Accumulated ESALs (Number of 18 Kip Equivalent Single Axle Loads in the design lane) has increased by 25 percent or more than the Accumulated ESALs used by the Department for design purposes for the warranty period for the pavement design life. In calculating ESALs, the Average Annual Daily Traffic (AADT) will be obtained from the Department’s traffic count data and the T24 (Percent Heavy Trucks during a 24 hour period) will be obtained from the Department’s traffic classification survey data. c. Determination that the deficiency was due to the failure of the existing underlying layers that were not part of the Contract work. d. Determination that the deficiency was the responsibility of a third party or its actions, unless the third party was performing work included in the Contract. If a measured distress value indicates remedial action is required per Table 338-1, Table 338-2, and/or Table 338-3, the Responsible Party must begin remedial work within 45 calendar days of notification by the Department or a ruling of the Statewide Disputes Review Board. The Disputes Review Board will determine the allowable duration for the completion of the remedial work, but not to exceed 6 months. In the event remedial action is necessary and forensic information is required to determine the source of the distress, the Department may core and/or trench the pavement. The Responsible Party will not be responsible for damages to the pavement as a result of any forensic activities conducted by the Department. As applicable to distress criteria for rutting, ride, and cracking for Category 1 and Category 2 pavements, when two LOTs requiring remedial action are not separated by three or more LOTs not requiring remedial action, the remedial work shall be required for the total length of all such contiguous LOTs, including the intermediate LOTs not requiring remedial action. Additionally, for Category 1 and Category 2 pavements, where such areas of remedial action are required due to raveling, slippage or bleeding are separated by less than 1,000 feet, the remedial work will be required for the entire area contiguous to the distressed areas, including intermediate areas otherwise requiring no remedial action. The Responsible Party has the first option to perform all remedial work that is determined by the Department to be their responsibility. If, in the opinion of the Engineer, the problem poses an immediate danger to the traveling public and the Responsible Party cannot provide temporary mitigation for the defect within 4 hours of written notification

Florida DOT Warranty Information D-9 and restore the pavement to its original design condition within 72 hours of written notification, the Engineer has the authority to have the remedial work performed by other forces. Temporary mitigation includes the use of traffic control systems such as barricades, drums, or other approved devices to secure the area including lane closures if necessary, and constructing temporary repairs making it safe for the roadway user until the defect can be restored to its original design condition. The Responsible Party is responsible for all incurred costs of the work performed by other forces should the problem (remedial work) be determined to be the responsibility of the Responsible Party. Remedial work performed by other forces does not alter any of the requirements, responsibilities, or obligations of the Responsible Party. The Responsible Party must complete all remedial work to the satisfaction of the Engineer. Any disputes regarding the adequacy of the remedial work will be resolved by the Statewide Disputes Review Board. Approval of remedial work does not relieve the Responsible Party from continuing responsibility under the provisions of this Specification. Notify the Engineer in writing prior to beginning any remedial work. Meet the requirements of the Specifications when performing any remedial work. Perform all signing and traffic control in accordance with the current edition of the Department’s Standard Plans. Provide maintenance of traffic during remedial work at no additional cost to the Department. Lane closure restrictions listed in the original Contract will apply to remedial work. Written requests to obtain permission for lane closures for either forensic investigation or remedial work must be made to the Engineer 48 hours in advance of any lane closures. Do not perform any lane closures until written permission is given by the Engineer. If remedial work necessitates a corrective action to overlying asphalt layers, pavement markings, signal loops, adjacent lane(s), roadway shoulders, or other affected Contract work, perform these corrective actions using similar products at no additional cost to the Department. 338-6 Responsible Party’s Failure to Perform. Should the Responsible Party fail to timely submit any dispute to the Statewide Disputes Review Board, fail to satisfactorily perform any remedial work, or fail to compensate the Department for any remedial work performed by the Department and determined to be the Responsible Party’s responsibility in accordance with this Specification, the Department will suspend, revoke or deny the Responsible Party’s certificate of qualification under the terms of Section 337.16(d)(2), Florida Statutes, for a minimum of 6 months or until the remedial work has been satisfactorily performed (or full and complete payment for remedial work performed by others made to the Department), whichever is longer. Should the Responsible Party choose to challenge the Department’s notification of intent for suspension, revocation or denial of qualification and the Department’s action is upheld, the Responsible Party will have its qualification suspended for an additional minimum of 6 months. The remedial work is not an obligation of the Contractor’s bond required by Section 337.18, Florida Statutes. Section 355 Value Added Portland Cement Concrete Pavement Available at: https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/programmanagement/ implemented/specbooks/january2019/files/355-119.pdf?sfvrsn=7451013c_2 355-1 Description. Construct Value Added Portland Cement Concrete Pavement (Concrete Pavement), subject to a five year warranty period after final acceptance of the Contract in accordance with 5-11. This Section applies only to new pavements, including added lanes. Submit each mix design to the Engineer at least 14 days prior to any paving work. Perform all the associated work specified in this Section including continued responsibility for performing all remedial work associated with pavement distresses exceeding threshold values determined in accordance with this Section and as to which notice was provided to the Contractor. The work specified in this Section will not be paid for directly, but will be considered as incidental to other Contract items. 355-2 Materials and Construction Requirements. Meet the requirements of the following: Portland Cement Concrete.............................................................................. Section 346 Cement Concrete Pavement ........................................................................... Section 350 Grinding Concrete Pavement .......................................................................... Section 352

D-10 Performance-Based Pavement Warranty Practices 355-3 Statewide Disputes Review Board. The Statewide Disputes Review Board in effect for this Contract will resolve any and all disputes that may arise involving administration and enforcement of this Specification. The Contractor and the Department acknowledge that use of the Statewide Disputes Review Board is required, and the determinations of the Statewide Disputes Review Board for disputes arising out of this Specification will be binding on both the Contractor and the Department, with no right of appeal by either party. Meet the requirements of 8-3. 355-4 Pavement Evaluation and Remedial Work. 355-4.1 General: The Department’s Pavement Condition Survey Program along with observations by the Engineer will be used as the basis for determining the extent and the magnitude of the pavement distresses occurring on the project. In the event the level of distress exceeds any of the threshold values defined below, remedial work as described in 355- 5 by the Contractor will be required. The Department will monitor the pavement for distresses and may require remedial action at any time. The Department may conduct a Pavement Condition Survey of the value added pavement following the final acceptance of the project, and at intermediate times throughout the warranty period with findings provided when considered by the Department to be the obligation of the Contractor. The final survey, if determined by the Engineer to be necessary, will be conducted before the end of the warranty period with results provided to the Contractor for those conditions exceeding contract threshold values requiring remedial action that the Department believes to be an obligation of the Contractor. The Department will be responsible for all costs associated with the surveys. If the survey findings, intermediate or final, are to be disputed by the Contractor, written notification must be submitted to the Engineer within 30 calendar days of the date of receipt of the information from the Department. During the warranty period, the Contractor may monitor the pavement using nondestructive methods and may participate with the Department in the Pavement Condition Surveys upon request. Do not conduct any coring, milling or other destructive methods without prior approval by the Engineer. 355-4.2 Distress Indicators: The Department will use Ride, Spalling and Cracking, as distress indicators in accordance with the Rigid Pavement Condition Survey Handbook to evaluate the Concrete Pavement. Ride Number (RN) will be established by Laser Profiler in accordance with FM 5-549. For ride evaluation purposes, the project will be subdivided into lots of 0.1 mile (0.16 km) per lane and partial lots which are segments that are less than 0.1 mile (0.16 km). For the purposes of threshold values and remedial work, partial lots and lots will be treated as lots. 355-4.3 Threshold Values and Remedial Work: Threshold values and associated remedial work for the Concrete Pavement are specified in Table 355-1. TABLE 355-1. Concrete Pavement Threshold Values and Remedial Work Type of Distress Threshold Values Remedial Work Ride Ride Number < 3.50. Grind all deficient lots and partial lots in accordance with Section 352. Spalling in the wheel path Four areas in any lane mile exceeding 1 inch in width and exceeding 6 inches in length OR any single area exceeding 3 inches in width. Full depth slab replacement for a minimum of 6 feet in length and the full width of the slab in accordance with Section 353. Spalling outside the wheel path Four areas in any lane mile exceeding 1.5 inches in width and 12 inches in length OR any single area exceeding 3 inches in width and 12 inches in length. Full depth slab replacement for a minimum of 6 feet in length and the full width of the slab in accordance with Section 353. Cracking Four cracks in any mane mile with width exceeding 0.125 inch OR any crack exceeding 0.2 inch. Full depth slab replacement for a minimum of 6 feet in length and the full width of the slab in accordance with Section 353. Shattered Slab Cracking patterns that divide the slab into three or more segments. Full slab replacement in accordance with Section 353.

Florida DOT Warranty Information D-11 355-5 Remedial Work. Perform all necessary remedial work described in this Section at no cost to the Department. Should an impasse develop in any regard as to the need for remedial work or the extent required, the Statewide Disputes Review Board will render a final decision by majority vote. Remedial work will not be required if any one of the following conditions is found to apply: 1. Determination that the pavement thickness design as provided by the Department is deficient. The Department will make available a copy of the original pavement thickness design package and design traffic report to the Contractor upon request. The Contractor will be responsible for performing all remedial work associated with the pavement distress if the pavement design is provided by the Contractor. 2. Determination that the Accumulated ESALs (Number of 18 Kip Equivalent Single Axle Loads in the design lane) have increased by 25% or more than the Accumulated ESALs used by the Department for design purposes for the warranty period for the pavement design life. In calculating ESALs, the Average Annual Daily Traffic (AADT) will be obtained from the Department’s traffic count data and the T24 (Percent Heavy Trucks during a 24 hour period) will be obtained from the Department’s traffic classification survey data. 3. Determination that the deficiency was due to the failure of the existing underlying layers that were not part of the Contract work. 4. Determination that the deficiency was the responsibility of a third party or its actions, unless the third party was performing work included in the Contract. If a measured distress value indicates remedial action is required per Table 355-1, begin remedial work within 45 calendar days of notification by the Department or a ruling of the Statewide Disputes Review Board. The Statewide Disputes Review Board will determine the allowable duration for the completion of the remedial work, but not to exceed 6 months. If remedial action is necessary and forensic information is required, it is the responsibility of the Contractor to determine the source of the distress. The Contractor will not be responsible for damages to the pavement as a result of any forensic activities conducted at the discretion of the Engineer. As applicable to distress criteria for ride, when two lots requiring remedial action or a partial lot and a lot are not separated by three or more lots not requiring remedial action, the remedial work shall be required for the total length of all such contiguous lots and partial lots, including the intermediate lots not requiring remedial action. The Contractor has the first option to perform all remedial work, as determined by the Department. If, in the opinion of the Engineer, the problem poses an immediate danger to the traveling public and the Contractor cannot provide temporary mitigation for the defect within 4 hours of written notification and restore the pavement to its original design condition within 72 hours of written notification, the Engineer has the authority to have the remedial work performed by other forces. Temporary mitigation includes the use of traffic control systems such as barricades, drums, or other approved devices to secure the area including lane closures if necessary, and constructing temporary repairs making it safe for the roadway user until the defect can be restored to its original design condition. The Contractor is responsible for all incurred costs of the work performed by other forces should the problem (remedial work) be determined to be the responsibility of the Contractor. Remedial work performed by other forces does not alter any of the requirements, responsibilities or obligations of the Contractor. Complete all remedial work to the satisfaction of the Engineer. Any disputes regarding the adequacy of the remedial work will be resolved by the Statewide Disputes Review Board. Approval of remedial work does not relieve the Contractor from continuing responsibility under the provisions of this Specification. Notify the Engineer in writing prior to beginning any remedial work. Meet the requirements of the Specifications when performing any remedial work. Perform all signing and traffic control in accordance with the Standard Plans. Provide maintenance of traffic during remedial work at no additional cost to the Department. Lane closure restrictions listed in the original Contract will apply to remedial work. Written requests to obtain permission for lane closures for either forensic investigation or remedial work must be made to the Engineer 48 hours in advance of any lane closures. Do not perform any lane closures until written permission is given by the Engineer. If remedial work necessitates a corrective action to the pavement markings, adjacent lanes, or roadway shoulders, perform these corrective actions using similar products at no cost to the Department.

D-12 Performance-Based Pavement Warranty Practices 355-6 Failure to Perform. Failure to timely submit any dispute to the Statewide Disputes Review Board, failure to satisfactorily perform any remedial work, or failure to compensate the Department for any remedial work performed by the Department and determined to be the Contractor’s responsibility in accordance with this Specification, the Department will suspend, revoke or deny the Contractor’s certificate of qualification under the terms of Section 337.16(d)(2), Florida Statutes, for a minimum of 6 months or until the remedial work has been satisfactorily performed (or full and complete payment for remedial work performed by others made to the Department), whichever is longer. Should the Contractor choose to challenge the Department’s notification of intent for suspension, revocation or denial of qualification and the Department’s action is upheld, the Contractor will have its qualification suspended for an additional minimum of 6 months. The remedial work is not an obligation of the Contractor’s bond required by Section 337.18, Florida Statutes. Florida Statutes Section 337-18 Available at: https://www.flsenate.gov/Laws/Statutes/2017/337.18 337.18 Surety bonds for construction or maintenance contracts; requirement with respect to contract award; bond requirements; defaults; damage assessments. (1)(a) A surety bond shall be required of the successful bidder in an amount equal to the awarded contract price. However, the department may choose, in its discretion and applicable only to multiyear maintenance contracts, to allow for incremental annual contract bonds that cumulatively total the full, awarded, multiyear contract price. For a project for which the contract price is $250,000 or less, the department may waive the requirement for all or a portion of a surety bond if it determines the project is of a noncritical nature and nonperformance will not endanger public health, safety, or property. If the Secretary of Transportation or the secretary’s designee determines that it is in the best interests of the department to reduce the bonding requirement for a project and that to do so will not endanger public health, safety, or property, the department may waive the requirement of a surety bond in an amount equal to the awarded contract price for a project having a contract price of $250 million or more and, in its place, may set a surety bond amount that is a portion of the total contract price and provide an alternate means of security for the balance of the contract amount that is not covered by the surety bond or provide for incremental surety bonding and provide an alternate means of security for the balance of the contract amount that is not covered by the surety bond. Such alternative means of security may include letters of credit, United States bonds and notes, parent company guarantees, and cash collateral. The department may require alternate means of security if a surety bond is waived. The surety on such bond shall be a surety company authorized to do business in the state. All bonds shall be payable to the department and conditioned for the prompt, faithful, and efficient performance of the contract according to plans and specifications and within the time period specified, and for the prompt payment of all persons defined in s. 713.01 furnishing labor, material, equipment, and supplies for work provided in the contract; however, whenever an improvement, demolition, or removal contract price is $25,000 or less, the security may, in the discretion of the bidder, be in the form of a cashier’s check, bank money order of any state or national bank, certified check, or postal money order. The department shall adopt rules to implement this subsection. Such rules shall include provisions under which the department shall refuse to accept bonds on contracts when a surety wrongfully fails or refuses to settle or provide a defense for claims or actions arising under a contract for which the surety previously furnished a bond. (b) Before beginning any work under the contract, the contractor shall maintain a copy of the payment and performance bond required under this section at its principal place of business and at the job-site office, if one is established, and the contractor shall provide a copy of the payment and performance bond within 5 days after receiving a written request for the bond. A copy of the payment and performance bond required under this section may also be obtained directly from the department by making a request pursuant to chapter 119. A claimant has a right of action against the contractor and surety for the amount due him or her, including unpaid finance charges due under the claimant’s contract. The action may not involve the department in any expense.

Florida DOT Warranty Information D-13 (c) A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 90 days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with a notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his or her labor, materials, or supplies shall deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. An action by a claimant, except a laborer, who is not in privity with the contractor for the labor, materials, or supplies may not be instituted against the contractor or the surety unless both notices have been given. Notices required or permitted under this section may be served in any manner provided in s. 713.18. (d) An action must be instituted by a claimant, whether in privity with the contractor or not, against the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond within 365 days after the final acceptance of the contract work by the depa rtment. A claimant may not waive in advance his or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party’s costs, as allowed in equitable actions. (e) When a contractor has furnished a payment bond pursuant to this section, he or she may, when the department makes any payment to the contractor, serve a written demand on any claimant who is not in privity with the contractor for a written statement under oath of his or her account showing the nature of the labor or services performed to date, if any; the materials furnished; the materials to be furnished, if known; the amount paid on account to date; the amount due; and the amount to become due, if known, as of the date of the statement by the claimant. Any such demand to a claimant who is not in privity with the contractor must be served on the claimant at the address and to the attention of any person who is designated to receive the demand in the notice to the contractor served by the claimant. The failure or refusal to furnish the statement does not deprive the claimant of his or her rights under the bond if the demand is not served at the address of the claimant or directed to the attention of the person designated to receive t he demand in the notice to contractor. The failure to furnish the statement within 60 days after the demand, or the furnishing of a false or fraudulent statement, deprives the claimant who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a claimant and none of the information regarding the account has changed since the claimant’s last response to a demand, the failure or refusal to furnish such statement does not deprive the claimant of his or her rights under the bond. The negligent inclusion or omission of any information deprives the claimant of his or her rights under the bond to the extent that the contractor can demonstrate prejudice from such act or omission by the claimant. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed before the date the demand for statement of account is received by the claimant. (f) The bonds provided for in this section are statutory bonds. The provisions of s. 255.05 are not applicable to bonds issued pursuant to this section. (2) The department shall provide in its contracts for the determination of default on the part of any contractor for cause attributable to such contractor. The department shall have no liability for anticipated profits for unfinished work on a contract which has been determined to be in default. Every contract let by the department for the performance of work shall contain a provision for payment to the department by the contractor of liquidated damages due to failure of the contractor to complete the contract work within the time stipulated in the contract or within such additional time as may have been granted by the department. The contractual provision shall include a reasonable estimate of the damages that would be incurred by the department as a result of such failure. The department shall establish a schedule of daily liquidated damage

D-14 Performance-Based Pavement Warranty Practices charges, based on original contract amounts, for construction contracts entered into by the department, which schedule shall be incorporated by reference into the contract. The department shall update the schedule of liquidated damages at least once every 2 years, but no more often than once a year. The schedule shall, at a minimum, be based on the average construction, engineering, and inspection costs experienced by the department on contracts over the 2 preceding fiscal years. The schedule shall also include anticipated costs of project-related delays and inconveniences to the department and traveling public. Anticipated costs may include, but are not limited to, road user costs, a portion of the projected revenues that will be lost due to failure to timely open a project to revenue-producing traffic, costs resulting from retaining detours for an extended time, and other similar costs. Any such liquidated damages paid to the department shall be deposited to the credit of the fund from which payment for the work contracted was authorized. (3) In addition to the provision for payment to the department by the contractor of liquidated damages due to the failure of the contractor to complete the project within the time stipulated in the contract or within such additional time as may have been granted by the department, the department may also recover from the contractor amounts paid by the department for damages suffered by third parties as a result of the contractor’s failure to complete the project within the time stipulated in the contract or within such additional time as may have been granted by the department, unless the failure to timely complete the project was caused by the department’s act or omission. However, nothing herein shall create a cause of action against the department, or against a contractor by an abutting property owner or business entity, where none has previously existed. (4)(a) If the department determines and adequately documents that the timely completion of any project will provide a substantial benefit to the public health, safety, or welfare; will limit the disruptive effect of construction on the community; or is cost beneficial on a revenue-producing project, the contract for such project may provide for an incentive payment payable to the contractor for early completion of the project or critical phases of the work and for additional damages to be assessed against the contractor for the completion of the project or critical phases of the work in excess of the time specified. All contracts containing such provisions shall be approved by the head of the department or his or her designee. The amount of such incentive payment or such additional damages shall be established in the contract based on an analysis of the cost savings to the traveling public or revenue projections for a revenue-producing project. Any liquidated damages provided for under subsection (2) and any additional damages provided for under this subsection shall be payable to the department because of the contractor’s failure to complete the contract work within the time stipulated in the contract or within such additional time as may have been granted by the department. (b) The department shall adopt rules to implement this subsection. Such rules shall include procedures and criteria for the selection of projects on which incentive payments and additional damages may be provided for by contract. (5) Such bonds shall be subject to the additional obligation that the principal and surety executing the same shall be liable to the state in a civil action instituted by the department or any officer of the state authorized in such cases, for double any amount in money or property the state may lose or be overcharged or otherwise defrauded of, by reason of any wrongful or criminal act, if any, of the contractor, the contractor’s agent, or employee.

Florida DOT Warranty Information D-15 Project Administration Process for Valued Added Asphalt Pavement during Warranty Period

D-16 Performance-Based Pavement Warranty Practices EXPLANATION OF FLOW CHART STEPS for DURING WARRANTY PERIOD PROJECT ADMINISTRATIVE PROCESS FOR VALUE ADDED ASPHALT PAVEMENT (1) Project Final Acceptance – The Value Added Asphalt Pavement (VAAP) specification of the contract take affect once final acceptance of the construction project is issued to the Contractor. (2) Project Administrator (PA) Notifies the District Warranty Coordinator (DWC) – After Final Acceptance is issued, the PA notifies the DWC that a new VAAP project must be added to the list of Pavement Evaluation Survey (PES) Tracking System. When the list is updated by the DWC, a copy is sent to the State Pavement Evaluation Section (SPES) of State Materials Office (SMO) in Gainesville for information. (3) DWC Initiates and Coordinates Performance Monitoring Visually and by PES Tracking System – DWC inspection team must check the VAAP list and PES tracking system prior to initiating and coordinating the pavement performance inspection to determine which projects are in the third year warranty period or have the distresses so that the inspection can focus on those projects first. In general, the engineers/inspectors shall drive through the project and randomly stop at several locations to visually inspect the pavement for any distresses with a length of 200 feet each time. For the projects having distress records, the evaluation shall concentrate on those deficiencies first. (4) Distress Observed (PES and/or Visual or Flag)? YES – If PES and/or inspection team or other users discover pavement deficiencies, the findings shall be documented and reported to DWC. Go to Step 5. NO – If no deficiencies are discovered by PES and/or inspection team or other users, go to Step 21. (5) DWC Notifies DBE to Assess Distress – DWC will send a copy of the Distress Report to District Bituminous Engineer (DBE) and request DBE to assess the distresses in detail to determine if the distress requires Remedial Work (RW). Go to Step 6. (6) Is IMMEDIATE Remedial Work Needed? YES – If the DBE determines that the need for RW is urgent or is an emergency in which case prompt action by the Department and the Responsible Party (RP) must be taken. Go to Step 7. NO – If the DBE determines that the need for RW is not an emergency, go to Step 11. (7) RP Responsible? YES – If the DBE determines that the need for RW is urgent or is an emergency and the RP is responsible for the RW. DBE must notify DWC about his/her determination. Go to Step 8. NO – The DBE determines that the need for RW is urgent or is an emergency and the RP is not responsible for the RW. Go to Step 9. (8) DWC Notifies State Construction Office (SCO) – DWC shall E-mail the detailed information of distresses and project information including name of RP, contact person, phone number, and E-mail address and mailing address to SCO as soon as possible. Got to Step 18. (9) DBE Notifies DWC of Findings and Recommendations – Since RP is not responsible for the RW, DBE must notify the DWC about the evaluation of distresses in detail and provide recommendations for the RW. Go to Step 10. (10) Florida DOT Handles the Remedial Work – DWC must handle the urgent RW in accordance with Florida DOT’s regulations and procedures as soon as possible. Go to Step 25. (11) Is Detailed PES Required? YES – If DBE determines that the need for RW is not an emergency but a detailed PES for the project is required. Go to Step 12. NO – If the DBE determines that the need for RW is not an emergency and a detailed PES for the project is not required. Go to Step 16. (12) DBE Notifies DWC – If DBE determines that the need for RW is not an emergency but a detailed PES for the project is required, DBE must notify the DWC.

Florida DOT Warranty Information D-17 (13) DWC Requests SPES to Perform LOT by LOT PES – Based on DBE’s information, DWC provides the detailed project information to the SPES and requests for a LOT-by-LOT PCS. (14) SPES provides PES Results to DWC – After the completion of the LOT-by-LOT PCS, the SPES provides the survey results to the DWC. (15) DWC/DBE Reviews Results – The DWC works together with DBE to review the PCS results and go to Step 16. (16) Is Remedial Action Required? YES – DBE determines that RW is needed. Go to Step 17. NO – DBE determines that the RW is not needed or the RW can be deferred. Go to Step 20. (17) RP Responsible? YES – DWC and DBE determine that RP is responsible for the RW. DWC shall E-mail the detailed information of distresses, locations of the distresses and project information including name of RP, contact person, phone number, E-mail address, and mailing address to SCO as soon as possible. Go to Step 18. NO – DWC and DBE determine that RP is not responsible for the RW. Go to Step 19. (18) SCO Notifies RP to Work – After receiving DWC’s E-mail, SCO must provide information about the type of distress and the location of the distress to the RP and require the RP to begin the RW in compliance with the specifications. Got to Step 26. (19) Florida DOT Handles the RW – DWC must handle the RW in accordance with Florida DOT’s regulations and procedures as soon as possible. Go to Step 31. (20) DBE Notifies DWC of Findings and Recommendations – DBE determines that the RW is not needed or the RW can be deferred. DBE notifies DWC about his/her findings and recommendations how to handle the distresses. Go to Step 25. (21) End of Guaranteed Period? YES – If no deficiencies are discovered by PES and/or inspection team or other users and DWC finds out that the project is at the end of guaranteed period. Go to Step 22. NO – If no deficiencies are discovered by PES and/or inspection team or other users and DWC finds out that the project is not at the end of guaranteed period. Go to Step 25. (22) Any Lingering Corrections Needed? YES – The project is at the end of guaranteed period. DWC reviews the PES Tracking System and DBE also performs a final field review. It is found that some lingering corrections are needed for this project. Go to Step 23. NO – The project is at the end of guaranteed period. DWC reviews the PES Tracking System and DBE also performs a final field review. It is decided that no any lingering correction is needed for this project. Go to Step 24. (23) Go to 17 – Go to Step 17(RP responsible?). (24) DWC Deletes Project from Tracking System – When the warranty period is ended, DWC deletes the project from the tracking system. (25) Continue Monitoring – Since the project is still in the warranty period, the performance of the pavement shall be continuously monitored. Go back to Step 3. (26) RP Agrees? (For Immediate Danger, RP Agrees to Work in 72 Hours?) YES – The RP agrees with SCO request and proceeds with the process of doing the RW. For Immediate danger, the RP agrees to start the RW in 72 hours. NO – The RP does not agree that he is responsible for the RW. Go to Step 36. (27) RP Submits Proposed Correction(s) & Duration Prior to Starting – Prior to starting the RW, RP submits the proposed work plan including duration of the RW to the DWC for approval. Go to Step 28. (28) DWC/DBE/RP Agree? YES – DWC, DBE agree with RP’s proposed work plan. Go to Step 29. NO – DWC and DBE do not approve RP’s proposed work plan. Got to Step 33.

D-18 Performance-Based Pavement Warranty Practices (29) RP Performs Remedial Work – The RP proceeds with the RW in compliance with the approved work plan and the DWC provides inspection services to oversee the RW thru final inspection. Go to Step 30. (30) DBE Approves Work? YES – DBE approves the RW. Go to Step 31. NO – DBE does not approve the RW. DWC requests RP to rework the RW. Go back to Step 29. (31) End of Guaranteed Period? YES – The project is at the end of guaranteed period. Go to Step 32. NO – The project is not at the end of guaranteed period. Go back to Step 25. (32) DWC Deletes Project from Tracking System – When the warranty period is ended, DWC deletes the project from the tracking system. (33) SDRB Ruling – The SDRB will resolve the disputes and provides the determination to both parties. Go to Step 34. (34) RP Follows Ruling? YES – The RP agrees with the SDRB’s ruling. Go to Step 29. NO – The RP does not agree with SDRB’s ruling. Go to Step 35. (35) Florida DOT shall Suspend, Revoke or Deny RP’s Certification – The RP fails to perform RW well enough to pass the final inspection and refuses to perform additional work so his certification to perform future Department construction work is suspended or revoked for a minimum of 6 months or until the RW has been satisfactorily performed, whichever is longer. (36) RW is Urgent? YES – The RW is urgent. Go to Step 37. NO – The RW is not urgent. Go to Step 38. (37) Florida DOT Hires Others & Charges RP – DWC hires other Contractor to complete the RW and charges the RP for all incurred costs of the RW. Go to Step 38. (38) RP Disputes Responsibility? YES – The RP disputes the responsibility of the RW. Go to Step 39. NO – The RP does not dispute the responsibility of the RW. Go to Step 27. (39) RP Takes Issues to SDRB – The RP shall submit the dispute issues to the SDRB in accordance with the requirements of specifications. Go to Step 40. (40) SDRB Ruling? For RP – SDRB determines that RP is not responsible for the RW. Go to Step 41. For Florida DOT – SDRB determines that RP is responsible for the RW. Go to Step 42. (41) No Charge to RP – Since RP is not responsible for the RW, the Florida DOT will not charge the RP. Go to Step 31. (42) DWC Charges RP – Since RP is responsible for the RW, the DWC charges the RP for all incurred costs of the RW. Go to Step 43. (43) RP Agrees to Pay? YES – RP agrees to pay the charges. Go to Step 31. NO – RP refuses to pay the costs of RW. Go to Step 44. (44) Florida DOT Shall Suspend, Revoke or Deny RP’s Certification – The RP refuses to pay the costs of RW so his certification to perform future Department construction work is suspended or revoked for a minimum of 6 months or until the RW has been satisfactorily performed, whichever is longer.