confidential within the Department except that said documents may be used in court, arbitration, or other dispute resolution proceedings. Otherwise, said documents will not be made available to anyone outside the Department.
G.Cost and Escrow Instructions: The cost of the escrow documentation depository storage facility will be borne by the Department. The Department will provide escrow instructions to the document depository consistent with this subsection.
H.Payment: There will be no separate payment for compilation of the data, providing the container or the cost of verification of the Bid Document ation. All costs shall be included in the overall contract bid price. SECTION 104 SCOPE OF WORK :
104.01 Intent of Contract:
The intent of the contract is to provide for the construction and completion of the work to the satisfaction of the Department. The contractor shall furnish experienced supervision and labor, and all materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications and terms of the contract.
A.Covenant of Good Faith and Fair Dealing: This contract imposes an obligation of good faith and fair dealing in its performance and enforcement. The contractor and the Department, with a positive commitment to honesty and integrity, agree to the following mutual duties:
1.Each will function within the laws and statutes applicable to their duties and responsibilities.
2.Each will avoid hindering the other's performance.
3.Each will proceed to fulfill its obligations diligently.
4.Each will cooperate in the common endeavor of the contract. TABLE OF CONTENTS INDEX
B.Partnering: The Department encourages the foundation of a cohesive partnering with the contractor and its principal subcontractors and suppliers. This partnering is not a legal partnership as defined by Arizona law. Partnering will be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The obj ectives are effective and efficient contract performance and completion within budget, on schedule, and in accordance with the contract. The establishment of a partnering charter on a project will not change the legal relationship of the parties to the contract nor relieve either party from any of the terms of the contract. Any cost associated with effectuating partnering will be agreed to by the Department and the contractor and will be shared equally between them. To implement this partnering initiative prior to starting of work in accordance with the requirements of Subsection 108.02 of the specifications and prior to the preconstruction conference, the contractor's management personnel and the District Engineer will initiate a partnering development seminar/team building workshop. The Department and the contractor will make arrangements to determine attendees at the workshop, the agenda of the workshop, its duration, and its location. Persons required to be in attendance will be the Department‘s Construction Supervisor and key project personnel; the contractor's on -site project manager and key project supervision personnel of both the prime and principal subcontractors and suppliers. The project design engineers, FHWA , and key local government personnel will also be invited to attend as necessary. The contractors and the Department will also be required to have Regional/District and Corporate/State level managers on the project team. Follow -up workshops may be held periodically throughout the duration of the contract as agreed by the contractor and the Department.
104.02 Revisions to the Contract:
The Department reserves the right to revise the contract at any time. Such revisions shall neither invalidate the contract nor release the surety. The contractor agrees to complete the contract as revised. The contractor shall not proceed with work for which a revision to the contract is required without prior approval from the Engineer. Once approval is received, the contractor shall proceed with such direction immediately, whether the Engineer considers that the contract has been revised or not. It is the contractor's obligation to notify the Engineer in writing that a revision to the contract is necessary and provide such notification in accordance with Subsection
104.03 of the specifications. Whenever the
words notice, notification, request , or notify are used in this subsection, TABLE OF CONTENTS INDEX such notice or request shall be provided in accordance with the requirements of Subsection
104.03 of the specifications.
T he contract may only be revised by Supplemental Agreement. Supplemental Agreements will be issued for the following reasons only:
A.To accomplish extra work as defined in Subsection 101.02 of the specifications.
B.If a differing site condition is encountered as described below:
1.During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
2.Upon written notification, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be m ade and the contract modified in writing accordingly. The Engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
3.No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4.No contract adjustment will be allowed under this section for any effects caused on unchanged work.
C.If the work is suspended by order of the Engineer as provided below:
1.If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the TABLE OF CONTENTS INDEX Engineer, in writing, a request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the re asons and support for such adjustment .
2.Upon receipt, the Engineer will evaluate the contractor's request. If the Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the contract i n writing accordingly. The contractor will be notified of the Engineer's determination whether or not an adjustment of the contract is warranted.
3.No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed .
4.No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
D.If there are significant changes in the character of work as provided below:
1.The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project . Changes in quantities and alterations shall not invalidate the contract nor release the surety. The contractor agrees to perform the work as altered.
2.If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or, by affecting other work, cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the Engineer may determine to be fair and equitable. TABLE OF CONTENTS INDEX
3.If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided in the contract.
4.The term "significant change" shall be construed to apply only to the following circumstances:
a.When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction.
b.When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any adjusted unit price for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity. Any adjustment in contract unit price for a decrease in quantity below 75 percent shall apply only to the actual amount of work performed, except t hat the product of the adjusted unit price and the reduced quantity of work performed shall in no case exceed the product of the original contract unit price and 75 percent of the Bid Schedule quantity.
E.To revise the contract time in accordance with Subsection 108. 08 of the specifications. If the Supplemental Agreement is to provide for an increase or decrease in the contract price or time, such increases or decreases will be determined in accordance with Subsections
108.08 and 109.04 of the
specifications. 104. 03 Notification:
A.As required by these specifications or any time the contractor believes that the action of the Department, lack of action by the Department, or some other reason will result in or necessitate the revision of the contract, the Engineer must be notified immediately. If within two working days the identified issue has not been resolved between the Department and the contractor, the contractor shall provide a written notice. At a minimum the written notice shall provide a description of the nature of the issue, the time and date the problem was discovered, and if appropriate, the location of the issue. After initial written notice has been provided, the Engineer will proceed in accordance with Subsection
104.02 of the specifications. In addition to
proceeding in accordance with Subsection 104.02 of the specifications, the Department and the contractor must make every effort to resolve the issue identified in the initial notice TABLE OF CONTENTS INDEX through the partnering process. Only if the issue cannot be quickly resolved b y the partnering process will it be necessary for the contractor to proceed to the next step in this subsection.
B.Once the partnering issue resolution process has been exhausted or within seven calendar days of the date of the initial written notice, whichever is sooner, the contractor shall provide in writing the following information to the Engineer:
1.The date of occurrence and the nature and circumstances of the issue for which initial notice was given.
2.Name, title, and, activity of each Department represe ntative knowledgeable of the issue.
3.Identity of any documents and the substance of any oral communication related to the issue.
4.Basis for an assertion that work required is a change from the original contract work or schedule.
5.Identity of particular elements of contract performance for which additional compensation may be sought, including:
a.Pay item(s) that has been or may be affected by the issue.
b.Labor or materials, or both, that will be added, deleted or wasted by the problem and what equipment will be i dled or required.
c.Delay and disruption in the manner and sequence of performance that has been or will be caused.
d.Adjustments to contract price(s), delivery schedule(s), staging, and contract time estimated due to the issue.
e.Estimate of the time within which the Department must respond to the notice to minimize cost, delay, or disruption of issue.
6.The contractor’s written certification, under oath, attesting to the following:
a.The request is made in good faith. TABLE OF CONTENTS INDEX
b.Supportive data is accurate and complete to th e contractor’s best knowledge and belief .
c.The amount requested accurately reflects the contractor’s actual cost incurred. In complying with this request, the contractor shall use the Department’s certification form.
C.The failure of the contractor to comply with the requirements of this subsection constitutes a waiver of entitlement to additional compensation or a time extension.
D.Within 10 calendar days after the contractor's submission in accordance with subparagraph (B), the Engineer will respond in writing to the contractor to:
1.Confirm that a supplemental agreement is necessary and, when necessary, give appropriate direction for further performance, or
2.Deny that the contract has been revised and, when necessary, direct the contractor to proceed with the contract work, or
3.Advise the contractor that adequate information has not been submitted to decide whether (1) or (2) applies, and indicate the needed information and date it is to be received by the Engineer for further review. The Department will respond t o such additional information within 10 calendar days of receipt from the contractor.
104.04 Maintenance of Traffic:
Unless otherwise provided, the road, while being improved, shall be kept open to all traffic by the contractor. When requested by the contractor and approved by the Engineer, the contractor may bypass traffic over an approved detour route. Regardless of whether it is through or l ocal traffic, the contractor shall keep the portion of the project being used by traffic in such condition that traffic will be adequately accommodated. The contractor shall assume maintenance responsibility through the project at the time its operations begin using the highway or interrupt normal traffic operations. The contractor shall also provide and maintain in a safe condition temporary approaches or crossings and intersections with trails, roads, streets, businesses, parking lots, residences, garag es, and farms, but the contractor will not be required to remove snow. Before any detour is opened to traffic, the Engineer shall have been satisfied that traffic is able to proceed in a safe manner. TABLE OF CONTENTS INDEX
A.Detours: When the contract provides for the construction of detours, such detours, including any temporary drainage structures, base, and surfacing materials and accessory features, shall be constructed to the lines and grades established. When the use of detours is no longer required, any temporary structures and accessory features shall be removed and disposed of and the detour roadways shall be removed and the ground shall be restored, as nearly as practicable, to the condition existing prior to the construction of the detour. Payment for the construction of detours, their maintenance and their removal will be as specified in the Special Provisions.
B.Maintenance of Traffic During Suspension of Work For the Winter Season: It is the responsibility of the contractor to request a suspension of the construction work for the winter season. The request shall be in writing. Prior to or during any suspension of the construction work for the winter season, the contractor shall make passable, place in a maintainable condition and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between the contractor and the Engineer for the temporary accommodation of traffic during the anticipated period of suspension. Thereafter, and until an order has been issued for the resumption of construction, the maintenance of the temporary route or line of travel agreed upon and all signs will be by and at the expense of the Department. When construction is resumed, the contractor shall replace or renew any work or materials lost or damaged because of such temporary use; shall remove to the extent ordered any work or materials necessary for the temporary maintenance by the Department and shall complete the work in every respect as though its prosecution has been continuous and without interferences. Such work and any additional work caused by such suspension, for reasons beyond the control of the contractor, will be paid for under the respective pay items or in accordance with the requirements of Subsection 109.04 of the specifications.
C.Maintenance Directed by the Engineer: The Engineer may determine that work is required to ensure the safety of the traveling public through the project site. If the Engineer orders maintenance for the benefit of the traveling public, the contractor will be paid for such maintenance under the respective pay items or in accordance with the requirements of Subsection
104.02 of the
specifications. Work considered under this specification includes, but is not limited to, sweeping, roadway and subgrade repair, safety feature repair, debris removal, repair of pedestrian features, and other work necessary to provide a smooth and safe traveled way. This work will be only that accomplished on portions of the roadway being used by the TABLE OF CONTENTS INDEX traveling public prior to construction improvements or after acceptance of a completed portion of the work. However, the contractor shall repair any damage caused by its operations at no additional cost to the Department.
104.05 Rights in and Use of Materials Found on the Work:
The contractor, with the approval of the Engineer, may use on the project such stone, gravel, sand, or other material determined suitable by the Engineer, as may be found in the excavation. The contractor will be paid both for the excavation of such materials at the corresponding contract unit price and for the pay item for which the excavated material is used. The contractor shall replace all of that portion of the excavation material so removed and used which was needed for use in the embankments, backfills, approaches, etc., with material acceptable to the Engineer at no additional cost to the Depar tment. No charge for the materials so used will be made against the contractor. The contractor shall not excavate or remove any material from within the highway location which is not within the grading limits, as indicated by the slope and grade lines, w ithout written authorization from the Engineer. Unless otherwise directed by the Engineer , the material from any existing structure may be used temporarily by the contractor in the erection of the new structure. Such material shall not be cut or otherwise damaged except with the approval of the Engineer.
104.06 Restoration of Surfaces Opened by Permit:
The right to construct or reconstruct any utility service in the highway or street or to grant perm its for same, at any time, is hereby expressly reserved by the Department for the proper authorities of the municipality in which the work is done. Any individual, firm , or corporation wishing to make an opening in the highway shall secure a permit from the Department. The contractor shall allow parties bearing such permits, and only those parties, to make openings in the highway. When ordered by the Engineer, the contractor shall make, in an acceptable manner, all necessary repairs due to such openings a nd such necessary work will be paid for as extra work or as provided in these specifications, and will be subject to the same conditions as original work performed.
104.07 Railway -Highway Provisions:
If the contractor elects to use crossings other than those shown on the project plans or described in the Special Provisions, the contractor shall make arrangements for the use of such crossings. All work to be performed by the contractor within the railroad right -of-way shall be performed at such times and in such a manner as not to interfere unnecessarily with the movement of trains or traffic upon TABLE OF CONTENTS INDEX the track of the railway company. The contractor shall use all care and precaution in order to avoid accidents, damage or unnece ssary delay or interference with the railway company's trains or other property.
104.08 Prevention of Air and Noise Pollution:
The contractor shall control, reduce, remove, or prevent air pollution in all its forms, including air contaminants, in the performance of the contractor's work. The contractor shall comply with the applicable requirements of A.R.S. 49-401 et seq. (Air Quality) and with the Arizona Administrative Code, Title 18, Chapter 2 (Air Pollution Control). The contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the contract. Each internal combustion engine used for any purpose on the work or related t o the work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the work without its muffler being in good working condition.
104.09 Prevention of Stormwater Pollution
The contractor shall take sufficient precautions, considering various conditions, to prevent pollution of waters of the United States ( WOTUS) and groundwater and to comply with the envir onmental commitments of the project. Any concrete waste shall be properly controlled to prevent overflow or discharge of wastewater from concrete waste management control measures. Where the project has the potential to discharge pollutants to WOTUS, pollution prevention control measures shall be installed and maintained as approved by the Engineer. Control Measures, as hereinafter referenced, shall be deemed to include control of erosion and mitigation of any resulting sediment. Control Measures may be temporary or permanent. At least 15 days prior to the start of ground disturbing activities, the contractor shall submit, for the Engineer's approval, a plan for prevention of erosion and pollution which includes all the Control Measures which the contractor proposes to implement during the construction of the project. Permanent Control Measures shall be performed at the earliest practicable time consistent with good construction practices. Temporary Control Measures are not meant to be performed in li eu of permanent work specified in the contract. TABLE OF CONTENTS INDEX Construction of drainage facilities as well as the performance of other contract work which will contribute to the control of erosion and sedimentation shall be carried out in conjunction with earthwork operations or as soon thereafter as possible. Except for that approved in writing by the Engineer, the contractor shall perform no clearing and grubbing or earthwork until the contractor's plan for prevention of erosion and pollution has been approved. If in th e opinion of the Engineer, clearing and grubbing, excavation, or other construction operations are likely to create an erosion problem because of the exposure of erodible earth material, the Engineer may limit the surface area to be disturbed until satisfactory control measures have been accomplished. The Engineer may order the contractor to provide immediate measures to control erosion and prevent pollution. At any time the contractor proposes to change its schedule of operations, the contractor shall review and update its plan for prevention of erosion and pollution and submit it to the Engineer for approval. The contractor shall not be entitled to additional compensation or an extension of contract time for any delays to the work because of the contractor's failure to submit an acceptable plan for prevention of erosion and pollution Control Measures specified in the contract which are to be accomplished under any of the various contract items will be paid for as specified under those items. The cost of any Control Measures which may be proposed by the contractor in its plan for prevention of erosion and pollution, in addition to that specified in the contract, will be considered as included in the prices bid for contract items.
104.10 Contractor's Responsibility for Work:
The contractor shall develop a plan for prevention of erosion and pollution for submission to the Engineer outlining the procedures the contractor proposes to use in the control and disposal of stormwater that falls on or flows into the work site. The plan shall include measures to prevent damage to surrounding properties. The contractor shall submit the plan a minimum of 15 calendar days prior to ground disturbing activities. Until final written acceptance of the project by the Engineer, the contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or f rom the non- execution of the work. The contractor shall rebuild, TABLE OF CONTENTS INDEX repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work as specified in Subsection 104.11 of the specifications. Except as specifically provided under Subsection 104.04(B) of the specifications, in case of suspension of work from any cause whatever, the contractor shall be responsible for the project and shall take such precautions as may be necessary to prevent damage to the project, provide for normal drainage and shall erect any necessary temporary structures, signs or other facilities at no additional cost to the Department.
104.11 Damage by Storm, Flood or Earthquake:
Attention is directed to Subsection
104.10 of the specifications,
Contractor's Responsibility for Work. In the event damage to the work is caused by a storm, flood, or earthquake which constitutes an "Occurrence," as hereinafter defined, the provisions of this subsection shall be applicable and the contractor may apply in writing to the Engineer for the State to pay or participate in the cost of repairing damage to the work from such cause or, in lieu thereof, and at the sole discretion of the Department, terminate the contract and relieve the contractor of further obligation to perform the work, subject to the following: (
A.Occurrence: "Occurrence" shall include:
1.To rnadoes;
2.E arthquakes in excess of a magnitude of 3.5 on the Richter Scale at the project site;
3.S torms and floods for which the Governor has proclaimed a state of emergency, when the damaged work is located within the territorial limits to which such proclamation is applicable; or
4.E vents which constitute catastrophic, unusual, sudden, and unforeseeable manifestation of the forces of nature, the effect of which could not have been prevented or minimized by reasonable human foresight and effort.
B.Application by Contractor: The contractor shall immediately begin performing emergency work necessary to provide for the safety and passage of public traffic, and such other emergency work necessary to mitigate damages to the facilities. The contractor's written request for the State to pay or to TABLE OF CONTENTS INDEX participate in the cost of rebuilding, repairing, restoring , or otherwise remedying the damage to the work caused by the occurrence shall be submitted to the Engineer. The repair work may begin prior to authorization by the Engineer, but the contractor shall keep accurate cost records of all such work performed.
C.Repair Work: Repair of damaged work under the provisions of this subsection shall be pursuant to a supplemental agreement specifying the repair work to be performed on the damaged facility. Repair work shall consist of restoring the in- place construction (for the purposes of this subsection erected f alsework and formwork shall be considered in- place construction) to the same state of completion to which such work had advanced prior to the Occurrence. Emergency work which the Engineer determines would have been part of the repair work if it had not previously been performed, will be considered to be part of said repair work. The Department reserves the right to make changes in the plans and specifications applicable to the portions of the work to be repaired, and if such changes will increase the cost of repairing the damage over the Engineer's estimate of the cost of repair without the changes, the contractor will be paid for such increased costs in accordance with Subsection 104.11(E) of the specifications. Nothing in this subsection shall be construed to relieve the contractor of full responsibility for the risk or injury, loss, or damage to materials not yet incorporated in the work and to materials, tools, and equipment (except erected falsework and formwork) used to perform the work, nor to relieve the contractor of its responsibility under Subsection 107.13 of the specifications, Responsibility for Damage Claims. The Department will only be responsible for any portion of the work accepted by the Engineer in accordance with Subsection 105.20 of th e specifications.
D.Idled Equipment and Remobilization: Unless otherwise agreed between the Engineer and the contractor, the cost of the work performed pursuant to this subsection will be determined in accordance with the provisions of Subsection 109.04 of the specifications. The cost of documented direct project costs including idled equipment at stand- by rates, remobilization costs, and direct project office overhead shall be included in the cost of emergency work. The contractor and Engineer will agree on equipment which is idle, inaccessible, unusable, or cannot be relocated to other projects. No profit or overhead will be paid for work covered by this paragraph.
E.Payment for Repair Work: The State will pay the cost of the repair work as determined in Subsection 109.04 of the specifications. TABLE OF CONTENTS INDEX
F.Termination of Contract: If the Department elects to terminate the contract, the termination and the det ermination of the total compensation payable to the contractor shall be governed by the provisions of Subsection 108.11 of the specifications.
104.12 Environmental Analysis:
The contractor shall prepare an environmental analysis for approval by the Engineer, under any of the following conditions:
A.If the contractor elects to provide material , in accordance with Section 1001 of the specifications, from a source that involves excavation,
B.If the contractor elects to use any site to set up a plant for the crushing or processing of base, surfacing , or concrete materials. The contractor may request an exemption from this requirement to provide an environmental analysis if all of the following conditions apply:
1.The site is exclusively used for the processing of materials,
2.The site will not be used for excavation of borrow material ,
3.The site was developed as a processing area on or before January 1, 1999,
4.The site is currently operating as a processing area, and
5.The plant is located within that portion of the site that was disturbed prior to January 1, 1999.
C.If the contractor requests that the Engineer approve access to controlled access highway at points other than legally established access points. The contractor may incorporate an existing environmental analysis approved after January 1, 1999, provided that the analysis is updated as necessary to be in compliance with current regulations and with the contractor’s planned activities. Regulatory changes, specificati on changes, or other reasons may preclude the approval of a materials source. The contractor acknowledges that the Department may refuse to approve a material source even if the Department had approved the source for other projects. TABLE OF CONTENTS INDEX The environmental analysis shall include all areas of proposed excavation, crushing, processing, and haul roads. For the purposes of Subsection 104.12 of the specifications, a haul road is defined as any road on material excavation, processing, or crushing sites, and any road between the respective site and a public highway that may be used by the contractor. The contractor shall promptly advise the Engineer that it is preparing the environmental analysis and shall submit it upon completion. The contractor should anticipate needing a minimum of 30 calendar days to prepare the environmental analysis. The contractor shall allow a minimum of 45 calendar days after submittal, or subsequent resubmittal, to the Department for the Department to review the environmental analysis and to consult with the appropriate jurisdictions and/or agencies. At the end of the review period, the Engineer will notify the contractor whether or not the environmental analysis is acceptable. If the approval of the environmental analysis causes a delay to a controlling activity of the project, the contractor may seek, and the Engineer may grant, an extension of time in accordance with the terms of Subsection
108.08 of the specifications. The time extension shall not
exceed 30 working days for a working -day contract, or 45 calendar days for a calendar -day project. The time extension will not be considered unless the contractor can show evidence of due diligence in pursuing the environmental analysis. No time extension will be granted for a fixed completion date contract. T he environmental analysis shall address all environmental effects, including, but not limited to, the following:
A.The location of the proposed source and haul road , and the distance from the source to either an existing highway or an established alignment of a proposed Federal, State, or County highway along with vicinity maps, sketches, or aerial photographs.
B.The ownership of the land.
C.The identity and location of nearby lakes, streams, parks, wildlife refuges, or other similar protected areas.
D.The former use, if known, of the source, and haul road and their existing condition.
E.The identification of present and planned future land use, zoning, etc., and an analysis of the compatibility of the removal of materials with such use.
F.The anticipated volume of material to be removed; the width, length, and depth of the excavation; the length and width of the haul road, and other pertinent features and the final TABLE OF CONTENTS INDEX condition in which the excavated area and haul road will be left, such as sloped sides, topsoil replaced, the area seeded, etc.
G.The archaeological survey of the proposed source prepared by a person who meets the Secretary of the Interior's Professional Qualification Standards (48 FR 44716) and possesses a current permit for archaeological survey issued by the Arizona State Museum (ASM). The survey shall be prepared in a State Historic Preservation Office standardized format. The survey shall identify all historic properties within the area of potential effect (APE), as defined by the National Historic Preservation Act (36 CFR 800.4). This includes the materials source, processing area, and the haul road. Additionally, the survey report shall identify the effects of the proposed source on any historic properties within the APE, and recommend measures to avoid, minimize, or mitigate those effects.
H.If the proposed source and haul road will utilize Prime and Unique Farm land or farm land of statewide importance, a description of such remaining land in the vicinity and an evaluation whether such use will precipitate a land use change.
I.A description of the visual surroundings and the impact of the removal of materials on the visual setting .
J.The effect on access, public facilities and adjacent properties, and mitigation of such effects.
K.The relocation of business or residences.
L.Procedures to minimize dust in pits and on haul roads and to mitigate the effects of such dust .
M.A description of noise receptors and procedures to minimize impacts on these receptors.
N.A description of the impact on the quality and quantity of water resulting from the materials operation shall be provided. The potential to introduce pollutants or turbidity to live streams or nearby water bodies shall be addressed. Measures to mitigate potential water quality impacts shall be coordinated through the EPA for sites located on tribal land, and ADEQ for sites located on non- tribal land .
O.A description of the impact on endangered or threatened wildlife and plants and their habitat. The analysis of potential impact to plants and wildlife shall be coordinated through the Arizona Game and Fish Department and US Fish TABLE OF CONTENTS INDEX and Wildlife Service. Compliance with the Arizona Native Plant Law shall be coordinated through the Arizona Commission of Agriculture and Horticulture.
P.A discussion of the effects of hauling activities upon local traffic and mitigating measures planned where problems are expected.
Q.A description of the permits required, such as zoning, health, mining, land use, flood plains (see Section 404 of the Clean Water Act), etc .
R.The effect of removing material or stockpiling material on stream flow conditions and the potential for adverse impacts on existing or proposed improvements within the flood plain which could result from these activities. Measures to mitigate potential water quality impacts shall be coordinated through the EPA for sites located on tribal land, and the ADEQ for sites located on non- tribal land. Guidance in preparing the environmental analysis is available on the Department’s website through the Environmental Planning Group, or by calling Environmental Planning Group at 602 -712- 7767.
104.13 Value Engineering Proposals by the Contractor:
Proposals may be submitted to the Engineer for modifying the plans, specifications, or other requirements of the contract for the sole purpose of reducing the total costs of construction without impairing in any manner the essential functions or characteristics of the project, including service life, economy of operations, ease of maintenance, benefits to the traveling public, desired appearance or design, and safety standards. After execution of the contract, an initiative may be recommended by the contractor. The initiative must be i dentified as a Value Engineering Proposal (VEP), and may include modifications to the plans or specifications, construction phasing or procedures, or other contract requirements. Any cost savings generated to the contract as a result of VEP offered by the contractor and approved by the Department will be shared equally between the contractor and the Department as specified in Subsection 104.13(D) of the specifications. Bid prices are not to be based on the anticipated approval of a VEP. If a VEP is rejected, the contract shall be completed in accordance with the original terms of the contract or as otherwise modified. Any decision whether to approve or accept a VEP shall be within the sole discretion of the Department. The Department will bear no liability TABLE OF CONTENTS INDEX for any delay in considering a VEP, the refusal to accept or approve such a proposal, or any other matter connected with a VEP.
A.Submittal and Review of VEP Concept or Idea:
1.The contractor shall initially submit a brief letter proposal with graphics to the Department to illustrate the concept or idea. The contractor shall indicate whether adequate time is available in its schedule for formal submittal and review prior to VEP implementation.
2.The Department will review the concept or idea and within 10 days of the contractor's initial submittal and inform the contractor in writing whether the concept or idea has merit and should be submitted as a formal VEP .
3.If the Department determines that the time for response indicated in the contractor’s letter proposal is insufficient for review, the Department may choose to evaluate the need for a noncompensable time extension to the contract. Its evaluation will be based on the additional time needed by the Department for its review and the effect on the contractor’s schedule occasioned by the added time. The need for such a time extension will be evaluated in accordance with Subsection
108.08 of the
specifications. (
B.Formal Submittal of the VEP: Within 30 days after the Department has determined the VEP concept or idea has merit, the contractor shall formally submit a proposal. The proposal shall include sufficient data for the Department to make an informed decision regarding the proposal and shall include, at a minimum, the following information:
1.A statement that the Proposal is submitted as a VEP .
2.A description of the difference between the existing contract and the proposed change and the advantages and disadvantages of each, including effects on service life, economy of operations, ease of maintenance, benefits to the traveling public, desired appearance, and safety.
3.A complete set of plans and specifications showing the proposed revisions relative to the original contract features and requirements supported by design computations as necessary for a thorough and expeditious evaluation. TABLE OF CONTENTS INDEX
4.A complete analysis indicating the final estimated costs and quantities to be replaced by the VEP compared to the new costs and quantities generated by the VEP .
5.A statement specifying the date by which a Supplemental Agreement adopti ng the VEP must be executed to obtain the maximum cost reduction.
6.A statement detailing the effect the VEP will have on the time for completing the contract .
7.A description of any previous use or testing of the VEP and the conditions and results. If the VE P was previously submitted on another Department project, indicate the date, contract number, and the action taken by the Department .
8.A detailed statement indicating the costs for developing the changes, along with the costs for preparing the value engineering joint proposal.
C.Conditions: Value Engineering Proposals will be considered only when all of the following conditions are met:
1.A VEP, approved or not approved by the Department, applies only to the contract on which it is submitted. A submitted VEP becomes the property of the Department. The VEP shall contain no restrictions imposed by the contractor on its use or disclosure. The Department has the right to use, duplicate, and disclose in whole or in part any data necessary for the ut ilization of the Proposal. The Department retains the right to use any accepted VEP or part thereof on other projects without obligation to the contractor. This provision is not intended to deny rights provided by law with respect to patented materials o r processes.
2.If the Department is already considering certain revisions to the contract or has considered or approved changes in the contract of a like nature on other contracts which are subsequently incorporated in a VEP, the Department may reject the VE P and may change the contract without obligation to the contractor .
3.The contractor shall have no claim for additional costs or delays resulting from the rejection of a VEP, including development costs, loss of anticipated profits, increased material or labor costs except as allowed in Subsection 104.13(D) of the specifications. TABLE OF CONTENTS INDEX
4.The Department will determine if a VEP qualifies for consideration and evaluation. It may reject any VEP that requires excessive time or costs for review, evaluation or investigation, or that is not consistent with the Department's design policies and cri teria for the project .
5.The Engineer will reject all or any portion of work performed under an approved VEP if unsatisfactory results are obtained. The Engineer will direct the removal of rejected work and require construction to proceed under the original contract requirements without reimbursement for rejected work performed under the VEP, or for its removal. Where modifications to the VEP are approved to adjust to field or other conditions, reimbursement will be limited to the total amount payable for t he work at the contract bid prices as if it were constructed under the original contract requirements. The rejection or limitation of reimbursement shall not constitute the basis of any claim against the Department for delay or for other costs.
6.The proposed work shall not contain experimental features but shall contain features that have been used under similar or acceptable conditions on other projects or locations acceptable to the Department .
7.VEPs will not be considered if equivalent options are already provided in the contract .
8.The savings generated by the VEP must be sufficient to warrant a review and processing. A savings resulting solely from the elimination or reduction in quantity of a single bid item will not be considered as a VEP. A savings resulting from the elimination or reduction in quantity of a bid item specified as part of a VEP will be considered.
9.A VEP changing the type of the pavement structure or the type or basic design of a bridge structure will not be considered. Changes in the pavement structural section or in structure design details may be considered with prior approval by the Materials or State Bridge Engineer. Changes to contingency items such as traffic control and dust palliative will not be considered if they are part of pre-determined lump sum contract amounts. Contingency items such as traffic control and dust palliative may be considered when they are reduced as part of a VEP to change scope, method, or procedure, provided they are specified as individual contract bid items . TABLE OF CONTENTS INDEX SECTI ON 104
10.Additional information needed to evaluate VEPs shall be provided in a timely manner. Untimely submittals of additional information will result in rejection of the VEP. Where design changes are proposed, the additional information could include results of field investigations and surveys, design computations, and field change sheets.
11.The contractor may submit VEPs for an approved subcontractor. Reimbursement will be made to the contractor. Subcontractors may not submit a VEP except through the contractor .
12.The contractor shall ensure the VEP is sealed by a Registered Engineer.
D.Acceptance, Rejection and Payment: Within 30 days of the contractor's formal submission of the VEP, the Department will accept or reject the VEP.
1.The contractor will be notif ied in writing by the Engineer as to whether the proposal has been accepted. The decision by the Department is final and shall not be subject to the provisions of Subsection 105.21 of the specifications.
2.If the VEP is rejected, the Department will share equally in the contractor's costs for developing and presenting the proposal, and the contractor will share equally in the cost to the Department for investigating and evaluating the proposal. A supplemental agreement will be executed to adjust the contract for the net increase or decrease in monies resulting from the contractor's development costs as listed above in Subsection 104.13(B)(8) of the specifications, and the Department's evaluation costs. The supplemental agreement will terminate the Department's review of the VEP.
3.If the VEP is accepted in whole or in part, the necessary contract modifications and contract price adjustments will be made by the execution of a supplemental agreement which will specifically state that it is executed pursuant to t he provisions of this subsection. The Department will be the sole judge of the acceptability of a VEP and of the estimated net savings in construction costs from the adoption of all or any part of the VEP.
4.The contractor shall continue to perform the work in accordance with the requirements of the contract until a supplemental agreement incorporating the VEP has been TABLE OF CONTENTS INDEX executed, or until the contractor has been given written acceptance or rejection by the Engineer.
5.The executed supplemental agreement shall i ncorporate the changes in the plans, specifications, or other requirements of the contract which are necessary to permit the VEP, or such part of it which has been accepted, to be put into effect, and shall include any conditions upon which the Department' s approval thereof is based. The executed supplemental agreement shall extend or decrease the contract time if required by the Department.
6.The executed supplemental agreement shall provide that the contractor be paid 50 percent of the net savings amount as reflected by the difference between the cost of the revised work and the cost of the related construction required by the original contract computed at contract bid prices. The net savings will take into account the contractor’s cost of developing the V EP and implementing the change, and reducing this amount by the Department’s cost for investigating and evaluating the VEP, including any ascertainable collateral costs to the Department. Such collateral costs may include increased costs for maintenance, operation, related work items, additional work items, or elements of related or additional work items.
7.The executed supplemental agreement shall also provide for the adjustment of contract prices. Contract prices shall be adjusted by subtracting the Depar tment's share of the accrued net savings.
8.The amount specified to be paid to the contractor in the executed supplemental agreement shall constitute full compensation to the contractor for the VEP and the performance of the work thereof pursuant to the said supplemental agreement.
104.14 Final Clean Up:
Before final acceptance, the highway, borrow , and local material sources, and all areas occupied by the contractor in connection with the work shall be cleaned of all rubbish, excess materials, temporary structures, and equipment, and all parts of the work shall be left in a condition acceptable to the Engineer. TABLE OF CONTENTS INDEX
104.15 Providing Magnetic Detection for Underground
Facilities:
A.General: All new underground utility facilities, including service connections, placed within ADOT right -of-way by the contractor must be magnetically detectable with standard locating instruments. The contractor shall place continuous detectable tracer wire with all those underground utility facilities that lack a continuous and integral metallic component capable of detection by standard locating instruments. Tracer wire will not be required for power cables and wires, telephonic or electronic communications (other than fiber optic lines), or for landscape irrigation lines smaller than 2 inches in diameter. For Salt River Valley Water Users Associ ation (S.R.V.W.U.A.) irrigation facilities, no tracer wire will be required if Salt River Project provides their own tracer system. Tracer wire will be required for non- metallic pipe such as corrugated high density polyethylene plastic pipe (HDPE), steel r einforced high density thermoplastic ribbed pipe, corrugated polypropylene plastic pipe (PP), vitrified clay pipe (VCP), and for polyvinyl chloride pipe (PVC) 2 inches in diameter and larger. Tracer wire will be required where the metallic component is encased within the pipe, such as reinforced concrete pipe (RCP), rubber gasket reinforced concrete pipe (RGRCP), and steel cylinder concrete pipe. Tracer wire will also be required for non- metallic cable, service connections, and other utility lines; fiber optic lines; empty duct banks and duct banks containing a utility that is not magnetically detectable, either before or after backfilling; and other facilities as determined by the Engineer. Cast iron and ductile iron pipes may be non- conductive because of site - specific soil conditions or construction configuration; as a consequence all new installations of cast iron and ductile iron pipes shall also be made detectable with tracer wire. For all other underground facilities, should the magnetic characteristic s be unknown, the contractor shall perform sufficient tests with standard locating instruments to determine whether tracer wire will be necessary, and provide the results to the Engineer. Such tests shall be performed prior to construction. The contractor shall also provide access points, as specified below, for all facilities that will receive tracer wire. TABLE OF CONTENTS INDEX
B.Materials: Tracer wire shall be solid copper wire, American Wire Gauge (AW G) No. 12 or larger. Tracer wire shall be coated with a minimum 30 mil polyethylene jacket designed specifically for buried use. Tracer wire shall conform to the specifications of the NEC, UL, and other applicable industry standards. Splices as required to promote continuity shall utilize sealed water tight connections. New access boxes shall be concrete pull boxes in accordance with Subsection 732- 2.03 of the specifications (Number 5 Pull Box, Traffic Standard T.S. 1- 1), except that the cover shall be marked with the name of the utility or type of facility. (
C.Construction Requirements: The contractor shall install tracer wire along the top of the entire length of the underground facilities. The tracer wire shall be attached to the facility at minimum intervals of not more than 20 feet, and shall be secured in such a manner that the wire remains firmly attached throughout the construction period. Tracer wire shall be made accessible along the facility through appropriate pull boxes or other means as approved by the Engineer. New or existing junction boxes or pull boxes included in the construction of conduit or other transmission facilities shall be utilized as access structures wherever possible. For sanitary and storm sewer pipe, tracer wire shall be constructed into the manhole at the pipe entry point, secured to the inside wall along the full length, and be accessible from above upon removal of the manhole cover. For water lines requiring tracer wire, the contractor shall provide access to the wire within the valve boxes. The contractor shall provide and install new access boxes for all tracer wire which cannot be terminated in a new or existing junction or pull box, or new manhole or valve box. Pull boxes shall be installed flush with the finished grade. Tracer wire shall be securely attached to the facility at each access point and extended vertically to the access box. The tracer wire shall be terminated with a minimum of 12 inches of slack above the bottom of the pull box. Tracer wire installed for each segment of underground utility shall be terminated at each access point within the pull box, junction box, manhole, or valve box. The contractor shall make no connections or splices of tracer wire across access points. New pull boxes installed exclusively for tracer wire shall be placed directly above the utility line in easily reachable areas. TABLE OF CONTENTS INDEX For facilities that cross ADOT right -of-way, tracer wire shall be made accessible at the right -of-way line at approved access points. For facilities placed longitudinally in ADOT right -of-way, access points shall be located between the right -of-way line and the outside edge of the shoulder or grader ditch, or back of sidewalk or curb and gutter as applicable. Access boxes installed exclusively for tracer wire shall be provided at intervals no greater than 2,000 feet or, as a minimum, at the point each line crosses ADOT right of way. If the utility line is placed outside the preferred location of the access box as described above, the box shall be located in the preferred location and tracer wire shall be installed in a suitable conduit and b rought up to the pull box. For jacking and boring, tracer wire shall be placed inside the jacked sleeve and attached to the utility facility Empty conduits and duct banks shall have a tracer wire attached to the outside of the facility. When sanitary sewer force mains are installed in ADOT right -of-way, tracer wire access shall be accomplished by attaching the wire to the outside of wet wells and terminating the wire in pull boxes (Number 5, Traffic Standard T.S. 1- 1) placed adjacent to the wet well.
D.Testing: The contractor shall test all installed tracer wire, and all those facilities determined to be magnetically detectable without tracer wire, with standard locating instruments to verify conductivity, both before and after backfilling, and provide the results to the Engineer. The contractor shall install new tracer wire for those newly installed utilities that fail to be detectable, at no additional cost to the Department. Tracer wires that fail to test properly shall also be replaced at no additional cost to the Department.
E.Payment: No measurement or direct payment will be made for furnishing and installing tracer wires and access boxes, or for testing the installed wires or facilities. Such costs shall be considered as included in the cost of contract items.
104.16 Environmental Standard Work:
A.General: This Subsection contains the requirements of environmental standard work applicable to all projects. The contractor shall also comply with all applicable project specific requirements of environmental standard work as specified in the Special Provisions. TABLE OF CONTENTS INDEX
B.General Vegetation Protection Program: To prevent the introduction of invasive species seeds, all earthmoving and hauling equipment shall be washed prior to entering the construction site and the contractor shall inspect all construction equipment and remove all attached debris, including plant parts, soil and mud, prior to the equipment entering the construction site. To prevent invasive species seeds from leaving the site, the contractor shall inspect all construction and hauling equipment and remove all debris, including plant parts, soil and mud, prior to leaving the construction site. The contractor shall provide a letter to the Engineer at the preconstruction conference certifying that the contractor shall comply with the requirements to wash and inspect its equipment to ensure it is free of all debris, including plant parts, soil and mud, prior to arrival at the construction site. The contractor shall minimize ground disturbance to mai ntain vegetation in the work and auxiliary areas, such as staging, storage, and stockpiles areas, for the duration of the project to limit noxious or invasive species infestations.
C.General Clean Water Act Spill Prevention, Control and Countermeasures (SPCC): If the contractor is using, storing, transferring, or otherwise handling oils ( oils, greases, fuel, asphalt cement, asphalt derivatives) at the construction site, the contractor shall take appropriate actions to prevent spills and s hall be prepared to take corrective action in case of a spill. Any spills of oils to Waters of the United States (WOTUS) shall be immediately reported to the Engineer. Any other spills of oil, greater than 5 gallons volume shall be reported to the Engineer within 24 hours. Oil storage containers shall be positioned or located to prevent discharge from the storage site. The storage site shall be located so that it does not conflict with environmental avoidance areas or requirements specified in the contract documents for the project. The contractor shall furnish a secondary means of containment for the entire capacity of the largest single container and sufficient freeboard to contain precipitation from a two -year 24 -hour storm. Containment surfaces shall be sufficiently impervious to contain discharged oils. If the total above -ground storage of all oils as specified in EPA Rule 40 CFR Part 112 is in excess of 1,320 gallons, and where a spill has the potential to reach WOTUS, the contractor shall prepare and implement a project specific SPCC plan. The SPCC plan is required if the total above- ground storage capacity, including mobile re- fuelers stationed on- site, is greater than 1,320 gallons, regardless of the quantity of oils TABLE OF CONTENTS INDEX stored within. Containers wit h capacities less than 55 gallons do not need to be counted towards the total. The SPCC plan shall meet the requirements of 40 CFR 112 and shall be consistent with applicable federal, state, or local regulations and programs. If the total capacity of the above- ground storage is less than or equal to 10,000 gallons, the contractor may complete the Department’s SPCC plan template to prepare the SPCC plan. The template can be found at EPA’s website. If the total capacity is more than 10,000 gallons the cont ractor shall prepare a SPCC plan that is sealed by a professional engineer meeting the requirements of 40 CFR 112.3(d). The contractor shall submit the SPCC plan to the Engineer at the Preconstruction Conference. The Engineer will review the SPCC plan and return it as approved or rejected within 10 calendar days after receipt and identify any additional items to be included. The contractor shall then modify the SPCC, if necessary, for resubmittal to the Engineer within seven calendar days. The Engineer w ill review and return each subsequent review within seven calendar days after receipt. No on- site above- ground storage of oils in excess of 1,320 gallons shall commence until the Engineer approves the SPCC Plan for the project and it has been implemented by the contractor. In coordination with the Engineer, the contractor shall notify EPA as referenced in the SPCC plan, for any spills over 1,000 gallons to navigable waters or two discharges to navigable waters each more than 42 gallons within any 12 month period. Additionally, the contractor shall add a copy of the report with oil spill details to the SPCC Plan documentation for any reportable oil spills. The oil spill details shall include correction actions taken, cause of discharge, and additional preventive measures taken. A copy of the final SPCC plan, including spill reports, shall be provided to the Engineer within seven calendar days of substantial completion of the project.
D.Work within Waters of the United States: The contractor will not be allowed to conduct work within WOTUS that requires a Clean Water Act Section 404 permit unless there is a permit on file with the Department. If a Section 404 permit is on file, the type and the requirements of the permit will be specified in the Special Provisi ons. Mechanical equipment shall not be operated in WOTUS unless approved by the Engineer. Any construction activity including, but not limited to, temporary or permanent fill, staging, storing, parking, water disposal, material stockpiling shall not be allowed within WOTUS without a 404 permit allowing the activity. TABLE OF CONTENTS INDEX SECTION 105 Should a change of condition require the contractor to work within WOTUS when a permit is not on file, the contractor shall notify the Engineer in writing. After the Department has obtained the Section 404 permit and contractor has received approval from the Engineer, the contractor will be allowed to conduct the permitted scope of work within WOTUS. The contractor shall not conduct work that causes a discharge of dredged or fill material in the WOTUS until a permit is obtained. The Engineer will execute a supplemental agreement to cover the additional work, in accordance with Subsection
104.02 of the
specifications. (
E.The Biology Program: BIO- 2A: Migratory Bird Treaty Act: Although the Department has made a reasonable effort to identify all migratory birds and their nests that require protection in the project area prior to construction, nesting birds may inhabit the construction area and may be found during construction of the project. The contractor shall not harm or harass any migratory birds or their nests. If work occurs during the migratory bird breeding season and active migratory bird nests are found, the contractor shall stop work at that location and notify the Engineer. The Engineer will direct how to protect the nests and migratory birds. The contractor shall not resume work until it is so directed by the Engineer. In the event of a suspension of work the contractor shall refer to the provisions of Subsection
104.02 of the specifications.
S ECTION 105 CONTROL OF WORK:
105.01 Authority and Responsibility of the District
Engineer: The District Engineer is the State Engineer's direct representative in matters relating to construction activities within a defined area of the state. The District Engineer assigns a Resident Engineer to each of the projects within a District and is responsible to guide each Resident Engineer who administers a contract within the District. The District Engineer will assume the contractual responsibilities of the Resident Engineer if the position is vacated.
105.02 Authority and Responsibility of the Resident Engineer:
The Resident Engineer is the State Engineer's direct representative in matters relating to construction activities and is responsible for the administration and satisfactory completion of the contract. The Resident Engineer is authorized to determine the acceptability and quality of materials furnished and work performed. TABLE OF CONTENTS INDEX SECTION 105 The Resident Engineer is authorized to approve supplemental agreements to the contract. After execution of the c ontract, the Resident Engineer shall be contacted to resolve all questions pertaining to interpretation of the plans and specifications, alterations of the contract, and contractor compensation. The Resident Engineer will have the authority to suspend the work in whole or in part due to: failure of the contractor to correct conditions unsafe for the workers or the general public; failure to carry out provisions of the contract; and failure to carry out orders. The Resident Engineer may suspend the work due to adverse weather conditions, conditions considered adverse to the prosecution of the work, or any other condition or reason deemed to be in the public interest.
105.03 Plans and Working Drawings:
The plans will show details of all structures, the lines, grades, typical cross sections of the roadway and the location and design of all structures. The contractor shall keep one set of project plans available at the project site at all times. The plans shall be supplemented by such working drawings as are necessary to control the work adequately. Working drawings shall be furnished by the contractor and shall include such detailed plans as may be required to control the work adequately and are not included in the plans furnished by the Department. Working drawings which consist of detailed plans, diagrams, etc. shall not be prepared until the elevations, lengths, geometrics, etc., have been verified with the Engineer. Working drawings which include drawings for falsework, shoring, soldier piles, and other major temporary support structures shall be prepared by and bear the seal and signature of a Professional Engineer. Minor support structures as defined in Subsection 601- 1 of the specifications are exempt from this requirement. Falsework submittals will not be required for single and multiple barrel concrete box culverts with a clear span of 12 feet or less. This exempti on does not relieve the contractor of the responsibility for providing adequate and safe falsework systems for these structures. The contractor's schedule of work shall allow a sufficient period of time for the working drawing approval process as follows: First Submission: 15 Working days or one working day per drawing, whichever is greater ; Second Submission: 10 Working days or 1/2 working day per drawing, whichever is greater. TABLE OF CONTENTS INDEX SECTION 105 The time period as shown above shall be doubled for submittals involving falsework or post -tensioning. The contractor shall allow a minimum of three months for the review of any working drawing submitted for structures involving railroads. In the event that the contractor's first submission does not meet ADOT standards for shop detail drawings or engineering design drawings and specifications, as determined by the Department, the entire submission will be returned without review and will be recorded as the first submission, and when resubmitted will be subject to the same ti me requirements as the first submission. The contractor shall submit at least one copy of the material submitted to the Engineer directly to the appropriate departmental office in Phoenix so that the time necessary for the required approval may be shortened. The Engineer will specify which departmental office is to receive the copy. The Department will endeavor to return corrected and/or approved drawings with a minimum of delay. In order to expedite the approval of critical drawings, the contractor shoul d indicate in its submittal the order of preference for review and return of drawings and submit all drawings in the order of their importance. All working drawings will be reviewed by the Eng ineer for conformance with the design intent of the contracts. Following the Engineer's review of each submittal of working drawings, the Engineer shall respond in writing to the contractor as follows: (A) "APPROVED," which means approved for construction, fabrication or manufacture, subject to the provision that the work shall be in accordance with the requirements of the contract. Final acceptance of the work shall be contingent upon such compliance; (B) "APPROVED AS NOTED," which means unless otherwise noted on the drawings approved for construction, fabrication or manufacture, subject to the provision that the work shall be carried out in compliance with all annotations or corrections indicated and in accordance with requirements of the contract. Final accept ance of work shall be contingent upon such compliance. If also marked "RESUBMIT," approval as noted is valid, and a corrected submittal of the drawings is required; or (C) "DISAPPROVED," which means that deviations from the requirements of the contract exist in the submittal such that no work based on such drawings shall be constructed, fabricated, or manufactured. The contractor shall revise the drawing in compliance with the Engineer's annotations and TABLE OF CONTENTS INDEX SECTION 105 pursuant to all requirements of the contract and shall resubmit the working drawings to the Engineer for another review. The Engineer's approval of the contractor's working drawings shall not relieve the contractor from responsibility for errors in dimensions, for successful completion of the work, or in confor ming with the requirements of the plans and specifications nor for responsibility for damage claims as defined in Subsection 107.13 of the specifications. The contractor shall be responsible for the correctness of its plans and for shop fits and field connections, although the plans may have been approved. Any work done or materials ordered or delivered prior to the approval of such working drawings shall be at the sole risk of the contractor. All working drawings or prints shall be 22 inches in height and 34 inches in length. There shall be 1 1/4- inch margins on the left and right sid es, and 3/4 -inch margins on the top and bottom. A blank space, 4 inches wide by 3 inches high, shall be left inside the margin in the lower right hand corner. All drawings shall be made in such a manner that clear and legible copies can be made from them . When half -size copies are required, they shall be provided on standard 11 by 17 inch sheets. A set of drawings, in a format t hat allows for suitable reproduction, shall be submitted to the Engineer electronically for review. In addition to the electronic submission, the Engineer may request up to three hard copies. Upon completion of the review, the Engineer will stamp the drawings in accordance with item A, B, or C listed above and return a copy to the contractor. Drawings requiring a resubmittal shall be revised in accordance with the Engineer's annotations, after being verified by the contractor, and resubmitted as described above. This resubmittal process shall continue until all corrections and revisions have been made and are acceptable to the Engineer. No changes shall be made by the contractor to any working drawing after it has been approved by the Engineer. The cost of furni shing all working drawings shall be considered as included in the contract unit price for one or more of the contract items.
105.04 Conformity with Plans and Specifications:
All work performed and all materials furnished shall be in reasonably close conformity to the lines, grades, cross sections, dimensions, and material requirements, including tolerances shown on the plans or indicated in the specifications. The Engineer will determine the limits of reasonably close conformity in each individual case and the Engineer's judgment shall be final and conclusive. Where specific provisions regarding quality control standards are set forth elsewhere in the contract , they shall be controlling. TABLE OF CONTENTS INDEX SECTION 105 The Engineer's failure to discover or reject materials or work not in accordance with the contract during the progress of work shall not be considered an acceptance of the work or materials, or a waiver of defects. Neither the failure to properly perform inspections, tests or approvals required by the contract documents nor the activities or duties to the Engineer in the administration of this contract shall relieve the contractor from its obligation to perform the work in stri ct accordance with the contract. In the event the Engineer finds the materials furnished, work performed or the finished product in which the materials are used not within reasonably close conformity with the plans and specifications but that reasonably acceptable work meeting the design purpose has been produced, the Engineer will determine the conditions under which the work will be accepted and allowed to remain in place, unless there are other provisions in the contract that provide for this determinati on. Where this determination is made by the Engineer, rather than contract provisions, the Engineer will document the basis of acceptance by contract modification. The modification will provide for an appropriate adjustment in the contract price for such work or materials as necessary to support this determination. In the event the Engineer finds the materials furnished, work performed, or the finished product in which the materials are used or the work performed are not in reasonably close conformity wit h the plans and specifications and have resulted in work which is not reasonably acceptable, the work or materials shall be removed and replaced or otherwise corrected by the contractor at no additional cost to the Department. The contractor shall bear all the costs of providing the burden of proof that the nonconforming work is reasonable and adequately addresses the design purpose. The contractor shall bear all risk for continuing with nonconforming work until it is accepted. The Engineer may impose conditions for acceptance of the nonconforming work. The contractor shall bear all costs for fulfilling the conditions. The decisions whether the product satisfies the design purpose, whether the nonconforming work is reasonably acceptable, and the conditions for acceptance are within the sole discretion of the Engineer.
105.05 Restricted Performance Specifications:
When the work is performed under a restricted performance specification, the target values specified shall be considered to be the values strived for and from which any deviation is allowed. It is the intent of the specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically TABLE OF CONTENTS INDEX SECTION 105 possible to the prescribed target value or to the middle porti on of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When either a maximum and minimum value or both are specified, the production and processing of the material and the performance of the work shall be so controlled that material or work will not be preponderantly of borderline quality or dimension. The Engineer will determine acceptability of materials or construction as outlined in the applicable sections of the specifications.
105.06 Coordination of Plans, Specifications, and Special Provisions:
The Special Provisions, the Plans, the Standard Specifications, and all supplementary documents are essential parts of the contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy or conflict, the order in which they govern shall be as follows:
A.Supplemental Agreements
B.Special Provisions
C.Project Plans
D.Standard Drawings
E.Standard Specifications Where dimensions on the plans are given or can be computed from other given dimensions they shall govern over scaled dimensions. The contractor shall take no advantage of any error or omission in the plans, estimated quantities, or specifications. In the event the contractor discovers an error or omission, it shall immediately notify the Engineer in accordance with Subsection
104.03 of the specifications.
105. 07 Cooperation by Contractor: The contractor shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, the Engineer's Inspectors, and other contractors in every way possible. The contractor shall have on the work at all times, as the contractor's agent, a competent superintendent capable of reading and thoroughly understanding the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive instructions from the Engineer. The superintendent shall have full authority to execute orders or directions of the Engineer without delay and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. A superintendent shall be furnished irrespective of the amount of work subcontracted. TABLE OF CONTENTS INDEX SECTION 105
105.08 Cooperation with Utility Companies:
The Department will notify all utility companies, all pipe line owners or other parties affected and endeavor to have all necessary adjustments of the public or private utility fixtures, pipe lines and other appurtenanc es within or adjacent to the limits of construction, made as soon as practicable. Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted will be moved by the owners at their expense, unless otherwise provided for in the Special Provisions or noted on the project plans. The contract will indicate various utility items, some of which will be relocated or adjusted by the utility owner, including the date by which the work is expected to be completed, and other utility items which shall be relocated or adjusted by the contractor. It is understood and agreed that the contractor has considered in its bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the project plans or described in the Special Provisions. The contractor shall make every effort to cooperate fully with each utility company and shall understand that delays to its operations may necessarily occur. If, through the failure of the utility owners to relocate or adjust their facilities as provided for in the contract, the contractor sustains loss which could not have been avoided by the judicious handling of forces, equipment and plant or by reasonable revision in the contractor's schedule of operations, any revisions to the contract price or time will be provided in accordance with Subsections
104.02 and 108.08 of the
specifications. 105. 09 Cooperation Between Contractors: The Department reserves the right at any time to contract for and perform other or additional work on or near the work covered by the contract. When separate contracts are awarded within the limits of any one project, each contractor shall conduct its work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. If requested by the Engineer, each contractor shall furnish the Engineer with written evidence that the contractor has made the necessary arrangements with the other TABLE OF CONTENTS INDEX SECTION 105 contractors for the successful prosecution of the work for the benefit of all parties. Each contractor involved shall assume all liability, financial or otherwise, in connection with its contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay or loss experienced by it or other contractors because of the presence and operations of other contractors working within the limits of the same project. The contractor shall arrange its work and shall place and dispose of the materials being used so as not to interfere with the operations of the other contractors within the limits of the same project and on adjoining projects. The contractor shall join the contractor's work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.
105.10 Construction Stakes, Lines, and Grades:
Unless the contract provides for construction survey and layout by the contractor, the Engineer will set construction stakes establishing lines, slopes, and continuous profile grade in road work and center line and bench marks for bridge work, culvert work, protective and accessory structures and appurtenances and will furnish the contractor with all necessary information relating to lines, slopes, and grades. These stakes and marks will constitute the field control by and in accordance with which the contractor shall establish other necessary controls and perform the work. During the course of construction the contractor shall submit requests for staking. The Department will not be responsible for staking delays unless the Engineer is provided 10 calendar days notice before beginning work on an item and thereafter 48 hours not ice that stakes are needed. When the contractor is aware of errors or suspects that there are errors in the staking, the contractor shall bring them to the attention of the Engineer prior to beginning any work on the basis of the errors. The contractor shall take no advantage of any staking error. The contractor shall be held responsible for the preservation of all stakes and marks and if any of the construction stakes or marks have been carelessly or willfully destroyed or disturbed by the contractor, the cost of replacing them will be charged against it and will be deducted from the payment for the work. The Department will be responsible for the accuracy of lines, slopes, grades, and other engineering work which it provides under this subsection. TABLE OF CONTENTS INDEX SECTION 105 The contractor shall be responsible to maintain all existing monumentation, including section line, right -of-way, and roadway monumentation. Monumentation disturbed by construction activities shall be re- established at no additional cost to the Department. Monumentation shall be re- establi shed in accordance with Subsection 925- 3.02 of the specifications.
105.11 Authority and Responsibility of Project Supervisor
and Inspectors: The primary responsibility of Inspectors is to accurately document the work detailed in the plans and specifications. The documentation will include the level or degree of conformance of the work with the plans and specifications. The Inspectors are also responsible for requiring conformance with plans and specifications and are authorized to reject work or materials not in conformance with plans and specifications. An Inspector has neither the authority to issue instructions contrary to the plans and specifications nor to alter or waive the provisions of the contract. The Resident Engineer may appoint a Project Supervisor who will serve as Lead Inspector. Unresolved contractor and Inspector disputes relative to interpretation of plans and specifications or acceptability of work or materials will be escalated to the Resident Engineer.
105.12 Inspection of Work:
All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. The contractor shall schedule its operations to allow a reasonable amount of time for engineering inspection of the work. In most cases, inspection will be completed in eight work hours or less. The contractor shall not be entitled to additional compensation or an extension of contract time for delay resulting from such inspections. The Engineer shall perform the inspection as expeditiously as possible in order that the work might progress in an orderly and continuous manner. Additional inspection costs incurred due to contractor errors shall be at no additional cost to the Department. The contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as directed by the TABLE OF CONTENTS INDEX SECTION 105 Engineer. After examination, the contractor shall restore said portions of the work to the standard required by the plans and specifications. Should the work thus exposed or examined prove acceptable, payment for uncovering or removal and replacement of the covering or making good of the parts removed will be made in accordance with the requirements of Subsection
104.02 of the specifications. Should the
work so exposed or examined prove unacceptable, the uncovering or removal and replacement of the covering or making good of the parts removed, shall be at no additional cost to the Department. A ny work done or materials used without inspection by the Engineer may be ordered removed and replaced at no additional cost to the Department unless the Engineer failed to inspect after having been given a minimum of 48 hours notice in writing that the work was to be performed. Failure to reject any defective work or materials shall not in any way prevent later rejection when such defect is discovered nor obligate the Engineer to final acceptance. When any unit of government, political subdivision, utility, or any railroad corporation is to pay a portion of the cost of the work covered by the contract, its respective representatives shall have the right to inspect the work. Such inspection shall in no sense make any unit of government, political subdivision or any railroad corporation a party to the contract and shall in no way interfere with the rights of either party to the contract.
105.13 Removal of Unacceptable and Unauthorized Work:
All work wh ich does not conform to the requirements of the contract will be considered as unacceptable work unless otherwise determined to be acceptable in accordance with the requirements of Subsection
105.04 of
the specifications. U nacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause found to exist prior to the final acceptance of the work shall be removed immediately and replaced in an acceptable manner. No work shall be done without lines and grades having been previously established. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the project plans or as given, except as herein specified or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at no additional cost to the Department. Upon failure on the part of the contractor to comply with any order of the Engin eer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs from any monies due the contractor. TABLE OF CONTENTS INDEX SECTION 105
105.14 Load Restrictions:
The contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. A pamphlet, Sizes and Weights of Vehicles and Loads upon Highways, is avail able from the Department’s Motor Vehicle Division. A special permit will not relieve the contractor of liability for damage which may result from hauling of material or moving of equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or the roadway or to any other type of construction will not be permitted. Hauling of materials over the subgrade or the base course or surface course under construction shall be limited as dire cted by the Engineer. No loads will be permitted on a Portland cement concrete pavement, base or structure before the expiration of the curing period. The contractor shall be responsible for all damage done by the contractor's hauling equipment. In no case shall legal load limits be exceeded unless permitted in writing by the Engineer.
105.15 Maintenance During Construction:
The contractor shall maintain the work during construction and until the project is accepted except as otherwise specified in Subsection 104. 04(C) of the specifications. T his maintenance shall constitute continuous and effective work prosecuted day by day with adequate equipment and forces to the end that the roadway or structures are kept in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be considered as included in the contract unit price for one or more of the contract items.
105.16 Failure to Maintain Roadway or Structure:
If at any time the contractor fails to comply with the provisions of Subsection 105.15 of the specifications, the Engineer will immediately notify the contractor of such noncompliance. If the contractor fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the Engineer may immediately proceed to maintain the project and the entire cost of this maintenance will be deducted from monies due or to become due the contractor. TABLE OF CONTENTS INDEX SECTION 105
105.17 Furnishing Right -of-Way:
The Department will be responsible for the securing of all necessary rights -of-way in advance of construction. Any exceptions will be indicated in the contract.
105.18 Opening Sections of Project to Traffic:
The Engineer may order certain sections of work to be opened to traffic before completion or acceptance of the work. Opening these sections shall not constitute acceptance of the work or waiver of any contract provisions. On those sections opened to traffic, the cost of maintaining the roadway to accommodate traffic will be at the Department's expense and the contractor will be compensated for costs incurred under Subsection 104. 04 of the specifications. The Engineer will decide which maintenance is required. Compensation for additional expense and additional time if any, shall be set forth in a Supplemental Agreement for those sections of the project ordered opened to traffic if the opening is not due to the fault or inactivity of the contractor. I f the contractor is late in completing features of the work according to the contract or progress schedule, the Engineer will give written notification establishing a time period for completing these features. If the contractor fails to complete or make a reasonable effort to complete the work according to the written notification, the Engineer may order all or a portion of the project opened to traffic. The contractor shall not be relieved of liability or responsibility for maintaining the work and shall conduct the remaining construction operations with minimum interference to traffic without additional compensation for the added cost of the work. Damage to the project that is not attributable to traffic shall be repaired at no additional cost to the Department. The removal of rock or mud slides shall be done on a basis determined by the Engineer before removal.
105.19 Substantial Completion:
The project is substantially complete and liquidated damages will no longer be assessed when all of the following have occurred:
A.All lanes of traffic of the completed project are finished and accepted and traffic can move unimpeded through the project at the posted speed;
B.All signage is in place and accepted;
C.All guardrails, drainage devices, ditches, excavation and embankment have been accepted; and TABLE OF CONTENTS INDEX SECTION 105
D.The only work left for completion is incidental, away from the paved portion of the highway, and does not affect the safety or convenience of the traveling public. The decision whether the project is substantially complete is within the sole discretion of the Engineer.
105.20 Acceptance:
A.Partial Acceptance: If at any time during the prosecution of the project the contractor completes a unit or portion of the project, the contractor may submit a written request to the Engineer to make inspection of that unit. The Engineer will approve or disapprove the request within five working days. If approved, and the Engineer finds upon inspection that the unit has been satisfactorily completed in complianc e with the contract, the Engineer may accept that unit as being completed and the contractor may be relieved of further responsibility for that unit. Such partial acceptance shall in no way void or alter any of the terms of the contract.
B.Final Acceptance: Upon notice from the contractor that the entire project is substantially complete, the Engineer will make an inspection. If all construction provided for and contemplated by the contract is found completed to the Engineer's satisfaction, that inspection will constitute the final inspection and the Engineer will make the final acceptance and notify the contractor in writing of this acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory or not complete, the Engineer will give the contractor written notice of the unsatisfactory or incomplete work and the contractor shall immediately correct such work. In such case, the Engineer will also give the contractor written notice as to whether or not the work is substantially complete. In addition, final acceptance will not be made until all completed plans and working drawings as required in Subsection 105.03 of the specifications have been submitted and deemed acceptable by the Engineer. Upon completion and correction of the work, as called for by the Engineer's notice, the above procedures will be repeated until the Engineer gives notice of substantial completion and final acceptance, separately or together. TABLE OF CONTENTS INDEX SECTION 105
105.21 Administrative Process for the Resolution of
Contract Disputes: The notice provision set forth in Subsection
104.03 of the specifications
is a contractual obligation assumed by the contractor in executing the contract. The contractor understands that it will be forever barred from recovering against the Department if it fails to give notice of any act or failure to act, by the Engineer, or the happening of any event, thing, or occurrence, in accordance with Subsection 104.03 of the specifications. T he administrative process for the resolution of disputes is sequential in nature and is composed of the following steps: Step I. Review by the Resident Engineer; Step II. Review by the District Engineer; Step III. Review by the State Engineer. Except as provided in this subsection, no dispute will be accorded a particular level of review unless the dispute has been reviewed at the preceding level and the contractor rejects the decision in writ ing within the time period specified. Unless specifically requested by the Department, the submission of additional information by the contractor at any step of the review process shall cause the process to revert to Step I. If at any step in the process a dispute is resolved, the contractor must sign a supplemental agreement which sets for the resolution of the dispute and includes an unconditional release as to any and all matters arising from the dispute. The contractor shall also notify the Resident Engineer in writing that all documentation in support of the dispute has been provided to the Resident Engineer and that the administrative review process should begin. No formal action will be taken by the Resident Engineer until this written notification is received. The documentation provided to the Resident Engineer shall serve as the basis for evaluating the contractor's position regarding the dispute throughout the administrative process. As a minimum, the information described in Subsection 104.03 of the specifications must accompany each dispute. If the following information applies, it shall also be provided in addition to the information required by Subsection 104.03 of the specifications: (
A.If the dispute relates to a decision of the Engineer which the contract leaves to the Engineer's discretion or as to which the contract provides that the Engineer's decision is final, the contractor shall set out in detail all facts supporting its contention that the decision of the Engineer was not supported by any evidence. TABLE OF CONTENTS INDEX SECTION 105
B.If additional compensation is sought, the contractor shall submit the exact amount sought broken down into the following categories:
1.Direct Labor
2.Direct Materials
3.Equipment
4.Job Overhead
5.General and Administrative Overhead
6.Subcontractor's Work [broken down as (1), (2), (3) and
4.above]
7.Other categories as specified by the contractor.
C.If additional compensation or a time extension is sought, the contractor shall certify the above information in accordance with Subsection 104.03(B)(6) of the s pecifications. T he Resident Engineer will render a written decision regarding the matter in dispute within 10 calendar days of receipt of the contractor's notification that the dispute resolution process should begin. The contractor shall, upon receipt of the decision by the Resident Engineer, either accept or reject the decision in writing. If the contractor does not reject the Resident Engineer's decision within 15 calendar days of its receipt, the contractor will be deemed to have accepted the decision, the dispute will be considered withdrawn from the administrative process, and there will be no further administrative remedy. If the contractor rejects the decision of the Resident Engineer, the dispute will be forwarded by the Resident Engineer to the Di strict Engineer. The District Engineer will, within 15 calendar days of receipt of the dispute information from the Resident Engineer, schedule and hold a meeting to review the dispute with the contractor. This time limit may be extended by mutual agreement of the parties. The District Engineer will, within 15 calendar days of the meeting, issue a written decision, with justification, regarding the dispute. The contractor shall, within 15 calendar days of receipt of the decision, either accept or reject it in writing. If the contractor does not reject the District Engineer's decision within 15 calendar days, the contractor will be deemed to have accepted the decision and the dispute will be considered withdrawn from the administrative process and there will be no further administrative remedy. TABLE OF CONTENTS INDEX SECTION 105 If the contractor rejects the decision of the District Engineer, the District Engineer will forward the dispute to the State Engineer. The State Engineer will, within 15 calendar days of receipt of the dispute information from the District Engineer, schedule and hold a meeting with the contractor. This time limit may be extended by mutual agreement of the parties. The State Engineer will, within 15 calendar days of the meeting, issue a written decision, with justification, regarding the dispute. The contractor shall, within 15 calendar days of the receipt of the decision of State Engineer, either accept or reject it in writing. If the contractor does not reject the State Engineer's decision within 15 calendar days, the contractor will be deemed to have accepted the decision, the dispute will be considered withdrawn from the administrative process, and there will be no further administrative remedy. If the contractor rejects the decision of State Engineer, there will be no further automatic review of the dispute.
D.The decision of the State Engineer in relation to the contractor's claim shall be final unless the contractor com mences arbitration or litigation as follows:
1.Where the amount in controversy is $200,000 or less, the contractor's sole legal remedy shall be arbitration as prescribed in Subsection
105.22 of the specifications.
(2 ) Where the amount in controversy is more than $200,000, the contractor’s sole remedy shall be to initiate litigation pursuant to A.R.S . Section 12- 821 et seq.
E.If the contractor is not satisfied with the decision of the State Engineer, and prior to filing for arbitration or litigation, the contractor may request a non- binding mediation by filing a request for mediation in writing with the Engineer. The Engineer will then arrange for a mutually agreeable mediator. Such request for mediation shall be made withi n 30 calendar days from the date of the State Engineer's decision as provided for in this subsection. In connection with the mediation, each party shall bear its own costs, attorneys fees, and expert fees. Any fees and expenses assessed by the mediator shall be borne equally by the parties.
105.22 Arbitration of Claims and Disputes:
If the contractor elects to invoke its right to arbitration, the contractor shall file a Demand for Arbitration in writing with the American Arbitration Association or United States Arbitration and Mediation of Arizona, and serve a copy thereof upon the State Engineer. Such TABLE OF CONTENTS INDEX SECTION 105 Demand for Arbitration shall be made by the contractor within 30 calendar days of the date of the State Engineer's decision as provided for in Section 105.21 of the specifications above, unless a mediation process is already underway, in which case the Demand for Arbitration shall be made within 30 days of the termination of the mediation process. The scope of the arbitration proceeding shall be restricted and limited to the matters presented to the State Engineer upon which the decision or determination was made and shall include no other matters. All arbitration of claims shall be conducted in Phoenix, Arizona, in accordance with the rules of the arbitration service hearing the dispute. The decision or award of the arbitrator shall be supported by substantial evidence and, in writing, contain the basis for the decision or award and findings of fact. The decision or award by the arbitrator when made shall be final and nonappealable except as provided in A.R.S . Section 12-1512. Both the contractor and the Department shall be bound by the Arbitration Award for all purposes and judgment may be entered upon it in accordance with applicable law in the Superior Court of Arizona in and for the County of Maricopa. For the purposes of this subsection, a claim for adjustment in compensation shall mean an aggregate of operative facts which give rise to the rights which the contractor seeks to enforce. That is to say, a claim under this subsection is defined as the event, transaction or set of facts that give rise to a claim for compensation, costs, expenses or damages. In making a determination whether the amount in controversy is $200,000 or less, the parties shall not consider, quantify or take into account any requested extensions of contract time, or the release or remission of liquidated damages previously assessed, under Subsection 108. 08 and 108.09 of the specifications. A ny contractor having a claim, adjustment or dispute for an amount in excess of $200,000 may waive or abandon the dollar amount of any such claim in excess of $200,000 so as to bring the claim, adjustment or dispute within the scope and coverage of this subsection, provided that the amount allowed to any such contractor by the arbitration award shall not exceed $200,000. Various damages claimed by the contractor for a single claim may not be divided into separate proceedings to create claims within the $200,000 limit. The claim shall be submitted to a single arbitrator who shall be selected by the parties from a list of arbitrators furnished by the arbitration service. Each party shall alternately strike names from the list until only one name remains. The person whose name thus remains on the list of arbitrators is their first choice, but if that person is not available to serve, the two persons whose names were last stricken are acceptable, with the one whose name was last stricken being the first alternate. Unless agreed to otherwise, the parties shall select the arbitrator within 10 calendar days after each has received a copy of the list of arbitrators. TABLE OF CONTENTS INDEX
Source: Arizona Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages – of 1,296.