Plans_H7147_KCTI_Stage_IV_SpecProv_9-28-23.pdf

Contracts and Specifications Special Provisions

BC: AECOM 040 MO 54 H714701C

September 2023 040-B(AUE)

STAGE IV (95%) DESIGN SUBMITTAL

SPECIAL PROVISIONS

FOR

ARIZONA PROJECT

040 MO 54 H7147 01C

040-B(AUE)

KINGMAN – ASH FORK HWY (I-40)

KINGMAN CROSSING BOULEVARD TRAFFIC INTERCHANGE

CONSTRUCT TRAFFIC INTERCHANGE

PROPOSED WORK:

The project is located in Mohave County, on Interstate 40, 1.5 miles east of the I-40/SR 66-Andy Devine traffic interchange, and extends from Milepost 54.46 to Milepost 55.85 within the City of Kingman. The work consists of a new traffic interchange, new bridges for the traffic interchange and 0.33 miles of new arterial street. Work will include grading and draining, constructing of AC Pavement, PCCP, concrete curb & gutter, sidewalk, pipe culverts, concrete box culverts, storm drain system, signing and pavement marking, lighting, fencing, guardrail, traffic signals and other miscellaneous work.

PROFESSIONAL ENGINEER SEALS:

These Special Provisions represent the combined efforts of the following organizations:

(1) AECOM Technical Services (2) ADOT Roadside Development

A representative of each organization has affixed their seal below, which attests that portions of these Special Provisions were prepared under their direction.

(1) AECOM Technical Services, Inc. (Civil, Drainage, Traffic, Structures, Utilities, Storm Water Pollution Prevention Plan (SWPPP)

(2) Arizona Department of Transportation Roadside Development (Seeding Specification)

(SPC00ST, 02/16/23)

SPECIFICATIONS:

The work embraced herein shall be performed in accordance with the requirements of the following separate documents:

Arizona Department of Transportation, Standard Specifications for Road and

Bridge Construction, Edition of 2021, Arizona Department of Transportation, Roadway Engineering Group, Construction

Standard Drawings, listed in the project plans, and available on the Department’s website, Arizona Department of Transportation, Traffic Group, Manual of Approved Signs, available on the Department’s website, Arizona Department of Transportation, Traffic Group, Traffic Control Design

Guidelines, 2019 Edition, available on the Department’s website, Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 edition and Arizona Supplement to the 2009 edition, dated January, 2012, The Proposal Pamphlet which includes the following documents:

These Special Provisions, Standard Federal Equal Employment Opportunity Construction Contract

Specifications (Executive Order 11246), July 1, 1978, Revised November 3, 1980 and Revised April 15, 1981, Title VI / Non-Discrimination Assurances, Appendix A Appendix E, Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity (Executive Order 11246), July 1, 1978, Revised November 3, 1980 and Revised April 15, 1981, Executive Order 2009-09, November 13, 2009, Bidding Schedule, Proposal, Surety (Bid) Bond, 12-1303, Certification With Regard to the Performance of Previous Contracts or Subcontracts, Subject to the Equal Opportunity Clause of Executive Order No. 99-4 and the Filing of Required Reports, Non-Federal Aid Projects, August 1, 2000, Certification With Respect to the Receipt of Addenda, Participation in Boycott of Israel Certification Form, Forced Labor of Ethnic Uyghurs Ban Certification Form, Rev. November 2022.

BID SUBMISSION:

In submitting a bid, the bidder shall completely execute the following documents:

Proposal, Bidding Schedule, Surety (Bid) Bond, 12-1303, Certification With Regard to the Performance of Previous Contracts or Subcontracts, Subject to the Equal Opportunity Clause of Executive Order No. 99-4 and the Filing of Required Reports, Non-Federal Aid Projects, August 1, 2000, Certification With Respect to the Receipt of Addenda, Participation in Boycott of Israel Certification Form, and

Forced Labor of Ethnic Uyghurs Ban Certification Form, Rev. November 2022.

PROPOSAL GUARANTY:

Each bidder is advised to satisfy itself as to the character and the amount of the proposal guaranty required in the Advertisement for Bids.

CONTRACT DOCUMENTS:

The bidder to whom an award is made will be required to execute a Performance Bond and a Payment Bond, each in 100 percent of the amount of the bid, an Insurance Certificate and the Contract Agreement.

A copy of these documents is not included in the Proposal Pamphlet; however, each bidder shall satisfy itself as to the requirements of each document.

The documents, approved by the Department of Transportation, Highways Division, are identified as follows:

Statutory Performance Bond, 12-1301, September, 1992

Statutory Payment Bond, 12-1302, September, 1992

Contract Agreement, 12-0912, August, 2000

Certificate of Insurance, 12-0100, June, 1998

A copy of each document may be obtained by making a request to Contracts & Specifications.

MATERIAL AND SITE INFORMATION:

Projects requiring materials, excavation, or site investigation may have additional information available concerning the material investigations of the project site and adjacent projects. This information, when available and applicable, may be examined in the Office of the Bridge Group-Geotechnical Services, located at 205 S. 17th Avenue, Phoenix, AZ 85007-3212. The contractor may contact Bridge Group at (602) 712-7481 to schedule an appointment to examine the information. This information will not be attached to the contract documents.

(NOGOAL, 06/09/16)

NONDISCRIMINATION:

Policy:

The contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract and the award of subcontracts and supply contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

(TITLEVI, 08/19/21)

STANDARD TITLE VI SPECIFIC ASSURANCES:

The Arizona Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

GENERAL REQUIREMENTS:

Local Agencies Standards:

The plans and these Special Provisions reference certain Standard Details promulgated by a local agency or agencies. Any local agency’s Standard Specifications referenced on the standard details shall not be used unless they are so designated by these Special Provisions.

All Portland cement concrete and aggregate base shall conform to ADOT Standard Specifications. Whenever reference is made to structural concrete and aggregate base in the local agency’s specifications, the reference shall be construed to mean Class S concrete and Class 2 aggregate base, respectively.

When not included in the project documents, copies of the latest Standard Specifications and Details for each local agency will be available on the local agency’s website.

BLM Material Sources:

If the contractor elects to pursue the use of material sources on BLM land under Title 30 Code of Federal Regulations, it is at the contractor’s sole risk, and the Department bears no responsibility for any delays or costs associated with the request to use material sources on BLM Land.

The Department will not request or pursue any “free-use permit” under Title 23 Code of Federal Regulations or any other arrangement with BLM on this project.

No extension in contract time or compensation will be granted for any attempt by the contractor to utilize BLM land.

Use of Prohibited Products:

The contractor shall not commit any of the following actions:

(1) Deliver, install, or include any prohibited product under this contract

(2) Propose to deliver, install, or include any prohibited product under this contract

(3) Enter into a new contract to procure or obtain any prohibited product.

For the purpose of this Section, “Prohibited Product” is defined as any telecommunication or video surveillance equipment, systems, or services produced by:

(1) Huawei Technologies Company

(2) ZTE Corporation

(3) Hytera Communications Corporation

(4) Hangzhou Hikivision Digital Technology Company

(5) Dahua Technology Company

(6) Any subsidiary or affiliate of the entities mentioned in this Section

The contractor shall identify the known subsidiaries and affiliates of the aforementioned from the following Website: https://umd.service-now.com/itsupport?id=kb_article_view&sysparm_article=KB0014132&sys_kb_id=28015 b70dbe0e3849382f1a51d96193f

Designated Staging Area:

A staging area has been identified on the plans for the contractors use. The staging area has been environmentally cleared to be used as a possible staging by the contractor subject to District approval. These sites; however, have certain restrictions and limitations, that the contractor shall be aware of prior to deciding to use them as a staging area, which include:

1. District shall approve locations of stage areas. District approval shall not be assumed in bid.

2. The contractor shall develop and obtain approval from ADOT on a Storm Water

Pollution Prevention Plan (SWPPP).

3. The contractor shall not excavate below existing ground within the limits of the staging area.

4. The contractor shall develop and obtain approval from ADOT on a plan and traffic control for ingress and egress from staging area.

5. The contractor shall be responsible for restoring all staging areas used during construction to a condition existing prior to the construction unless noted otherwise in the contract documents. The contractor shall video tape the area prior to construction activities to establish restoration conditions. A copy of the video tape shall be provided to the Engineer.

No measurement or direct payment will be made for any cost associated with using this location including videotaping and the restoration of staging areas and for the cost(s) associated with obtaining approvals and permits for site access; the cost being considered included in the price of the contract items.

Material Stockpile Areas:

Two material stockpiling areas have been identified on the plans for stockpiling surplus material generated from the project excavations. Surplus material shall be hauled to the two waste sites as identified on the plans or as directed by the Engineer. Any surplus material removed prior to the completion of the work specified in Section 203 of the Standard Specifications, which must subsequently be replaced, shall be at no additional cost to the Department.

The material stockpiling areas have been environmentally cleared to be used as a material stockpiling areas by the contractor subject to District approval. These sites;

however, have certain restrictions and limitations, that the contractor shall be aware of, which include:

1. The contractor shall develop and obtain approval from ADOT on a Storm Water Pollution Prevention Plan (SWPPP).

2. The locations of haul routes/roads shall be approved by the Engineer prior to construction of haul roads.

3. Haul routes shall minimize defacement of or injury to landscape features and vegetation.

4. Haul routes shall be obliterated, and the ground restored to a condition similar to or equal to that existing before such hauling was started. The contractor shall video tape the area prior to construction activities to establish restoration conditions. A copy of the video tape shall be provided to the Engineer.

5. The contractor shall develop and obtain approval from ADOT on a plan and traffic control for ingress and egress from material stockpiling areas.

6. The area under the stockpiles shall be cleared and grubbed per Section 201 of the Standard Specifications.

7. The surplus material shall be placed and compacted in accordance with

Subsection 203-10 of the Standard Specifications.

8. The surplus material hauled to the stockpile site shall only contain clean earthen materials. The surplus material to be stockpiled shall not contain any vegetation, asphaltic concrete or concrete materials.

No measurement or direct payment will be made for any cost associated with constructing, removing and restoration of materials stockpile sites and haul roads, and for the cost(s) associated with obtaining approvals and permits for stockpile sites and haul roads; the cost being considered included in the price of the contract items.

Earthwork:

Temporary stockpiling of earthwork material may be required during construction phases.

No additional measurement or payment will be made for temporary stockpiling and handling earthwork material more than once. The cost of temporary stockpiling and additional handling of earthwork material more than once shall be considered as included in the cost of contract items. The maximum height of the temporary stockpiles shall not exceed 15 feet unless approved by the Engineer.

No measurement or direct payment will be made for excavation originating outside of the lines, dimensions and cross-sections shown on the project plans for roadway excavation and structural excavation, the cost being considered as included in the cost of contract items.

The existing pavement structural section, which includes asphaltic concrete and aggregate base, is included in the roadway excavation quantity. The removed pavement may be used in the roadway embankment in accordance with the requirements of Subsection 203-10.03(A).

Saw Cutting and Pavement Matching:

Saw cuts at the points of abutting existing bituminous pavements will be required where new construction shall match the grade of existing surfaces that are to remain where called for on the Project Plans or where designated by the Engineer.

Existing pavements, which are to be matched by pavement widening or pavement extension, shall be trimmed to a neat true line with straight vertical edges free from irregularities with a saw specifically designed for this purpose. No wheel cutting will be allowed. Saw cuts shall be made to a minimum depth of 1-1/2 inches and in all cases deep enough to insure a neat vertical joint.

The existing pavement shall be cut and trimmed after placement of the required ABC and just prior to placement of asphalt concrete for pavement widening or extension, and the trimmed edges shall be painted with a light coat of asphalt cement or emulsified asphalt immediately prior to constructing the new abutting asphalt concrete pavements.

No measurement or direct payment will be made for saw cutting, the cost being considered included in the price of other contract items.

Existing Access Control:

The contractor shall not be permitted to break any existing access control lines, within the project limits, without previously obtaining written permission from the Federal Highway Administration. The contractor may request, through ADOT, an approval, from the FHWA Arizona Division, for a temporary break in access control. Each approval shall be on a case by case basis.

Temporary Drainage:

The contractor shall be responsible for maintaining the temporary drainage facilities for the different phases of construction. No measurement or direct payment will be made for maintaining temporary drainage between roadway phasing and culvert installation including: temporary drainage ditches, temporary culverts, and other measures as required to prevent ponding and embankment scour, the cost being considered as included in the price of contract items.

Material Sources:

No Department-Furnished material or borrow sources have been established for this project. Materials sources shall be as specified in Section 1001 of the specifications.

Existing Right-of-Way Markers:

The contractor shall obliterate all existing right-of-way markers within the project limits where removal of existing R/W fence is shown, or as directed by the Engineer. Existing right-of-way “brass caps” shall be removed or rendered unreadable by marring the surface. Removal of the concrete footing will not be required. Witness posts shall be removed and become property of the contractor.

No separate measurement or payment will be made for obliteration of existing right-of-way markers, the cost being included in the price of contract items.

Detours:

Detours shall be constructed at the locations and in accordance with the details shown on the project plans. Payment for constructing detours will be made under the respective contract items. The contractor shall be responsible for maintaining detours in a manner approved by the Engineer.

The contractor shall assume responsibility for the design, construction, maintenance, and cost of temporary drainage facilities for contractor proposed detour changes or construction phasing changes which impact temporary drainage facility requirements.

The temporary surfacing shall be as shown on the Typical Sections.

At the time specified by the Engineer, the bituminous surfacing and base material shall be removed and disposed of or may be used as embankment material, in accordance with Section 203.

No measurement or direct payment will be made for the work of maintaining the detour, or excavating temporary ditches.

Coordination between contractors:

If the contractor’s operations come into conflict with construction activity on adjoining projects, such as I-40/US 93 West Kingman Traffic Interchange (Project H799301C);

Walnut Creek to Holy Moses Wash on Interstate 40 (Project F039201C); Holy Moses Wash to Rattlesnake Wash on Interstate 40 (Project F058501C); WB Bridge over Andy Devine near MP 53 (Project F029201C); and Interstate 40 Rancho Santa Fe Interchange (Project H681401C). The contractor shall coordinate operations with these adjoining projects in accordance with Subsection 105.09 of the Specifications. There will be no separate measurement or payment for these coordination efforts and such a conflict will not be regarded as the basis for a contract adjustment.

Environmental Mitigation Measures: TO BE UPDATED ONCE CE IS APPROVED

The following project-specific mitigation measures are not subject to change without prior written approval from ADOT Environmental Planning. The contractor shall follow all the requirements of the permits specified herein and comply with the project specifications.

• The contractor shall develop a Noxious and Invasive Plant Species Treatment and Control Plan in accordance with the requirements in the contract documents. Plants to be controlled shall include those listed in the State and Federal Noxious Weed and the State Invasive Species list in accordance with State and Federal Laws and Executive Orders. The plan and associated treatments shall include all areas within the project right of way and easements as shown on the project plans. The treatment and control plan shall be submitted to the Engineer for review and approval prior to implementation by the contractor.

• Prior to the start of ground-disturbing activities, the contractor shall arrange for and perform the control of noxious and invasive species in the project area

• To prevent the introduction of invasive species seeds, the contractor shall inspect all earthmoving and hauling equipment at the storage facility. All vehicles and equipment shall be washed and free of all attached plant/vegetation and soil/mud debris prior to entering the construction site.

• To prevent invasive species seeds from leaving the site, the contractor shall inspect all construction equipment and remove all attached plant/vegetation and soil/mud debris prior to leaving the construction site.

• An approved contractor shall develop and implement a Lead-Based Paint

Removal and Abatement Plan for the removal of the lead-based paint, Toxicity Characteristic Leaching Procedure testing of the generated waste stream, and proper disposal of the waste stream derived from the removal of any lead-based road striping paint identified within the project limits. The contractor shall select a lead abatement contractor that meets the qualification requirements specified within the special provisions and as approved by the Engineer. The contractor shall follow all applicable federal, state, and local codes and regulations, including Arizona Department of Transportation Standard Specifications for Road and Bridge Construction (2008 Edition), related to the treatment and handling of lead-based paint.

• The contractor shall submit a Lead-Based Paint Removal and Abatement

Plan for the removal of pavement striping within the project limits to the Engineer and the Arizona Department of Transportation Environmental Planning hazardous materials coordinator (602.920.3882 or 602.712.7767) for review and approval at least 10 working days prior to paint stripe removal.

• No pavement marking obliteration shall occur until the Lead-Based Paint

Removal and Abatement Plan is approved by the Arizona Department of Transportation Environmental Planning hazardous materials coordinator and implemented.

• If suspected hazardous materials are encountered during construction, work shall cease at that location and the Engineer will be notified. The Engineer will contact the Arizona Department of Transportation Environmental Planning hazardous materials coordinator (602.920.3882 or 602.712.7767) immediately, and make arrangements for assessment, treatment and disposal of those materials.

(101DEFN, 04/21/22)

SECTION 101 DEFINITIONS AND TERMS:

101.02 Definitions:

Acceptance: of the Standard Specifications is hereby deleted:

Characteristic: of the Standard Specifications is revised to read:

A measurable or an observable property of a material, product, or item of construction.

City, County, Township, or Town: of the Standard Specifications is hereby deleted:

Contract Bonds (Performance Bond and Payment Bond): the title and text of the Standard Specifications is revised to read:

Contract Bonds:

Surety Bonds that include Performance Bond and Payment Bond.

Highway, Street, or Road: of the Standard Specifications is revised to read:

A general term denoting a public way for purposes of travel, vehicular, pedestrian or by other means, including the entire area within the right-of-way.

Roadbed: of the Standard Specifications is revised to read:

The graded portion of a highway, prepared as a foundation for the pavement structure and shoulders.

Roadside Development: of the Standard Specifications is revised to read:

Activities which provide for the preservation of landscape materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching and the placing of other ground covers; or such planting and other improvements as may increase the effectiveness and enhance the appearance of the highway.

State: of the Standard Specifications is revised to read:

The State of Arizona, acting through its authorized representatives.

SECTION 104 SCOPE OF WORK:

104.04 Maintenance of Traffic: of the Standard Specifications is modified to add:

(D) Roadway Closures and Lane Restrictions:

Construction Time Windows:

Traffic Restrictions and Closures:

No closures except “Allowable Closures” will be allowed unless otherwise directed by the Engineer. Two lanes of traffic in each direction on I-40 shall be maintained with the exception of “Allowable Closures”.

A nighttime closure on I-40 is defined as from 8:00 PM to 5:00 AM the following day.

Weekends are defined as from 8:00 PM on Friday through 5:00 AM the following Monday.

The contractor shall provide to the Engineer all information necessary for lane closures at least two weeks prior to closure activities so the Engineer can coordinate notification of the traveling public. The contractor shall confirm the lane closures with the Engineer one day prior to beginning work on each closure. No temporary concrete barrier will be allowed on I-40 between October 15th and April 15th. Temporary concrete barrier used for temporary lane closures will be allowed during these dates but shall be removed and the roadway placed in a normal operating configuration at least 48-hours prior to any winter storm event forecast. See the liquidated damages identified in Section 108.09 for not meeting the time windows specified herein. Normal operating configuration is defined as all mainline lanes, ramp lanes, and shoulders are open to traffic as they were prior to the start of any work.

Allowable Closures

• During nights and weekends, the contractor may close one lane on I-40 at a time and shall maintain two lanes in the opposite direction.

No closures or traffic restrictions will be allowed during recognized holidays as defined below unless otherwise directed by the Engineer. Holidays are defined as 12:00 PM of the last working day prior to the holiday or major event until 5:00 AM of the first working day following the holiday. When holiday falls on Tuesday, the Monday before the holiday is considered part of the holiday. When the holiday falls on a Thursday, the Friday following the holiday is considered part of the holiday.

RECOGNIZED HOLIDAYS

• New Year’s Day

• Civil Rights Day

• Presidents Day

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas

(104SWDEQ, 02/10/20)

104.09 Prevention of Landscape Defacement; Protection of Streams, Lakes and Reservoirs: the title and text of the Standard Specifications is revised to read:

104.09 Prevention of Stormwater Pollution:

(A) General:

The contractor shall follow the requirements of Section 402 of the Clean Water Act (CWA), 33 USC 1251 and other water quality regulations. The CWA regulates discharge of pollutants into the waters of the United States and provides quality standards for surface waters. Section 402 of the CWA provides stormwater pollution prevention regulations.

ADEQ’s Aquifer Protection Permit (APP) Program regulates temporary concrete washout facilities. The APP Type 1 Permit (APP 1.12) applies only when projects disturb one or more acres and are covered under the Arizona Department of Environmental Quality Construction General Permit.

The contractor shall minimize ground disturbance to the natural surroundings. No ground disturbing activities shall occur until all applicable permits have been obtained. The applicable permit requirements must always be met.

The contractor shall provide adequate information to the contractor’s personnel, including employees of any subcontractors, to ensure that all personnel understand requirements of the applicable permits that are relevant to their job functions.

(B) Clean Water Act, Section 402, Arizona Pollutant Discharge

Elimination System (AZPDES):

(1) General Requirements:

The contractor shall be responsible for preparing and processing all documents and implementing the requirements of the Arizona Pollutant Discharge Elimination System (AZPDES) “General Permit for Discharge from Construction Activities to the Waters of the United States,” for pollution prevention issued by the Arizona Department of Environmental Quality (ADEQ). That document is hereinafter referred to as the Construction General Permit (CGP) and is available on ADEQ’s website.

The work shall include providing, installing, and maintaining, temporary and permanent pollution prevention control measures and removing and disposing of temporary pollution prevention control measures. Control Measures, as hereinafter referenced, shall be deemed to include pollution prevention control as described in the CGP. Control Measures may be temporary or permanent.

The contractor’s schedule shall allow sufficient time for the following submittal, review, and approval times:

Table 104-1 Submittal, Review, and Approval Timeframes

Contractor submittal of Erosion Control Coordinator (ECC) qualifications

By the pre-construction conference

Department review and approval of ECC qualifications within seven calendar days of receipt

Department review and approval of subsequent submittals (if required) within seven calendar days of receipt

Contractor submittal of SWPPP to Engineer By the pre-construction conference Department review and approval of subsequent submittals (if required) within seven calendar days of receipt

Engineer/contractor joint review of SWPPP within 10 calendar days after contractor submittal of SWPPP with ADOT approval of the ECC

Approved Notice of Intent (NOI) submittal and review times as described in the CGP

No increase in contract time will be granted for the contractor’s failure to provide acceptable submittals within the specified timeframes.

(2) Stormwater Pollution Prevention Plan (SWPPP):

The SWPPP shall include all information and permit requirements specified in the CGP, and shall also be consistent with applicable state or local programs.

Unless otherwise approved by the Engineer and documented in the SWPPP, the contractor shall not expose a surface area of greater than 750,000 square feet to erosion through clearing and grubbing, or excavation and filling operations within the project limits until temporary or permanent Control Measures for that portion of the project have been installed and accepted by the Engineer.

The contractor shall indicate each 750,000 square-foot sub-area in the SWPPP, along with proposed Control Measures for each sub-area. The SWPPP shall also include the sequence of construction for each sub-area, and installation of the required temporary or permanent Control Measures.

The contractor shall give installation of permanent Control Measures priority over reliance on temporary measures. Permanent Control Measures and drainage structures shall be installed as soon as possible in the construction sequencing of the project, preferably concurrent with construction of the related sub-area or drainage device.

The project plans may include erosion/sediment control plans and details along with a Control Measure Index Sheet (CMIS) to assist the contractor in preparing the SWPPP.

The contractor and the contractor’s ECC, or other qualified designee, as described in Subsection 104.09(B)(3), shall review the contract documents, and prepare the SWPPP for review by the Engineer. The contractor shall use the Department’s SWPPP Template to prepare the SWPPP. The template is available on the Department’s Water Resources website.

The SWPPP shall specify the mechanism whereby revisions may be proposed by the contractor or the Engineer throughout the project and incorporated into the plan, including the review and approval procedure. The Engineer and contractor shall jointly approve and sign each revision to the SWPPP before implementation. Any revisions made by the contractor to amend the approved SWPPP will require two to seven calendar days for review.

The contractor shall prepare the SWPPP for the Engineer’s review including all information specified herein. The contractor shall submit the SWPPP to the Engineer at the preconstruction conference.

Within 10 calendar days of the SWPPP submittal, the Engineer and contractor will jointly review the contractor’s SWPPP. The contractor shall include any additional revisions directed by the Engineer. The SWPPP shall meet the terms and conditions of the CGP and be compatible with construction sequencing and maintenance of traffic plans.

When agreement has been reached, the Engineer and contractor’s ECC will sign the SWPPP. The Engineer's signature will constitute approval of the SWPPP. Upon approval of the SWPPP, the contractor and the Engineer shall each file a Notice of Intent (NOI) as specified in Subsection 104.09(B)(6). The Engineer will provide a copy of the Department’s NOI to the contractor to be included in the SWPPP.

The SWPPP shall be maintained in accordance with the CGP. A current copy shall be maintained at a location approved by the Engineer and amended as necessary from the time the contractor files its NOI until the NOT is submitted. The SWPPP shall be available for inspection by entities identified in the CGP, and for use by the Engineer.

No condition of the CGP or the SWPPP shall release the contractor from any responsibilities or requirements under other environmental statutes or regulations.

In accordance with the CGP, the Engineer and the contractor shall confirm the frequency of inspections appropriate for the project. The contractor shall identify the frequency in the SWPPP. The contractor shall inform the Engineer when each inspection will be performed a minimum of 72 hours in advance so the Engineer can jointly perform the inspection if desired.

The contractor shall monitor rainfall on the site with a commercially manufactured rain gauge accurate to within 0.10 inches of rain. Rainfall records shall be maintained in the

SWPPP.

(3) Erosion Control Coordinator (ECC):

The contractor shall designate an erosion control coordinator (ECC) to be responsible for approval and implementation of the SWPPP, as well as all other applicable requirements of the CGP. The contractor’s ECC shall have the qualifications described in Subsection 104.09(B)(4).

The contractor shall not assume that the person proposed as ECC will be accepted by the Department merely because the experience and education requirements listed herein have been met.

After approval, the contractor shall designate the ECC as a duly authorized representative of the contractor in accordance with, and as defined in, the CGP. Documentation of the delegation of a duly authorized representative shall be included as part of the SWPPP.

The ECC shall be capable of identifying existing and predictable effects of the contractor's operations, and shall have complete authority to direct the contractor’s personnel and equipment to implement the requirements described herein, including prompt placement of corrective measures to minimize or eliminate pollution and damage to downstream watercourses. Corrective measures shall be completed in the timeframe required by the CGP and included in the SWPPP as required by the CGP.

The ECC shall at all times be aware of the contractor’s work activities, schedule, and effect of the work on the environment. Should the ECC not be present at the project site on a full-time basis, the contractor shall establish procedures to ensure that its ECC is promptly notified of any damage or displacement of the required erosion control measures, whether from construction, vandalism, or other causes.

The contractor bears all risks and liabilities for the failure of its ECC to properly implement the requirements of the CGP.

Failure of the contractor to properly maintain the Control Measures required in the approved SWPPP may be cause for the Engineer to reject the ECC and issue a stop work order, as specified in Subsection 104.09(B)(7).

(4) ECC Certification Requirements:

The ECC shall have successfully completed the mandatory two-day (16 hour) “Erosion Control Coordinator” training class (hereinafter referred to as the training class) provided by the Associated General Contractors (Arizona Chapter), phone (602) 252-3926. No other training can be substituted.

The training class certification is valid for three years. Within 60 days of the end of the three year period, in order to maintain the training class certification, the ECC shall successfully complete either a six-hour “Erosion Control Coordinator Refresher” class (hereinafter referred to as the refresher class), also provided by the Associated General Contractors (Arizona Chapter), or the two-day training class specified above. The refresher class will be required every three years thereafter, prior to the expiration date listed on the previous certificate. Should more than three years (and 60 day grace period) elapse from completion of either the training class or refresher class, the contractor’s ECC will be required to successfully complete the two-day training class in order to again be eligible for consideration.

In addition, the contractor’s ECC shall have documented experience equal to a minimum of one year from either of the following two categories:

(a) Experience in the implementation of SWPPPs. The ECC’s experience shall demonstrate full-time responsibility for directly supervising construction personnel in the installation, inspection, and maintenance of pollution prevention measures.

(b) Experience in stabilization of disturbed areas in environments similar to those on the project.

The contractor’s documentation shall provide details indicating the types of relevant experience and shall provide the number of months of each type of experience to be considered for approval.

The contractor’s documentation shall also indicate that the proposed ECC has completed the training class or refresher class. To be considered for approval, the contractor’s documentation shall include a copy of the proposed ECC’s certification.

(5) Acceptance of ECC and SWPPP:

The contractor shall submit documentation indicating the qualifications of the ECC to the Engineer for approval no later than the pre-construction conference. The Engineer will review the proposed candidate’s information within seven calendar days. The contractor may begin development of the SWPPP prior to approval of the ECC. However no clearing, grubbing, earthwork, or other work elements that may be subject to the requirements of the CGP shall be started until the ECC has been approved, the SWPPP finalized and implemented, the NOI completed and filed, and the CGP authorization received by the contractor and the Engineer. If sampling is required, the SWPPP and SAP shall also be reviewed and approved by ADEQ prior to ground disturbance by the contractor.

(6) Notice of Intent:

After the project SWPPP has been approved by the Engineer, the Engineer and the contractor will each complete separate Notice of Intent (NOI) forms for the project. The contractor shall submit the NOI to ADEQ as required by the CGP.

Unless notified otherwise by ADEQ, the contractor will be authorized to begin implementation of the approved SWPPP seven calendar days after acknowledgement of receipt of both NOIs by ADEQ or whenever an authorization certificate is issued by ADEQ, whichever occurs first.

(7) Non-Compliance:

The Engineer may reject the contractor’s ECC if, in the opinion of the Engineer, the conditions of the CGP or the SWPPP are not being fulfilled. Rejection of the contractor’s ECC shall be for failure to complete any of the following:

(a) Should the Engineer determine that the SWPPP is not being properly implemented; the contractor will be notified in writing of such deficiencies. The contractor’s ECC shall fully implement, to the satisfaction of the Engineer, the requirements of the approved SWPPP within three working days.

(b) Should any corrective measures required in the CGP not be completed within the time periods specified therein, the Engineer will notify the contractor in writing. The contractor’s ECC shall complete all required corrective measures within two calendar days of such notification, except that direct inflows of sediment into a watercourse shall be corrected within 24 hours.

(c) Should the Engineer determine that routine maintenance of the project’s Control Measures is not being adequately performed; the contractor will be notified in writing. Within three working days, the contractor’s ECC shall demonstrate, to the satisfaction of the Engineer that such steps have been taken to correct the problem.

In the event of the ECC’s failure to comply with the CGP or any of the above requirements, the Engineer will direct the contractor to stop all affected work and propose a new ECC as soon as possible. However, all Control Measures specified in the SWPPP shall be maintained at all times. No additional work on construction items affected by the SWPPP will be allowed until a new ECC has been approved by the Engineer. The contractor will not be allowed compensation or an extension of contract time for any delays to the work because of the failure of the contractor’s ECC to properly fulfill the requirements of the

SWPPP.

(8) Notice of Termination:

Upon written approval of the Engineer, the contractor shall complete and submit a Notice of Termination (NOT) to the Engineer for approval. After approval by the Engineer, the contractor shall submit the NOT to ADEQ.

The NOT shall be submitted as described in the CGP.

A copy of the SWPPP and the NOT shall be provided to the Engineer within seven days of the contractor receiving acknowledgement from ADEQ. The copies may be either electronic or hard copies.

(C) Aquifer Protection Requirements (Concrete Washout Facilities):

If the contractor’s work requires the use of temporary concrete washout facilities, the contractor shall comply with the requirements of ADEQ’s APP Type 1 Permit (APP 1.12).

APP 1.12 covers wastewater to an impoundment from washing concrete from trucks, pumps, and ancillary equipment. The contractor shall address concrete washout activities in the project SWPPP.

(D) Measurement and Payment:

Measurement and payment for work specified in the SWPPP will be made in accordance with the requirements of Section 810. Control Measures specified in the contract which are to be accomplished under any of the other various contract items will be paid for as specified under those items.

If a force account pay item for Control Measures is included in the bidding schedule, the contractor may be reimbursed for such additional Control Measures proposed by the contractor but not included with the plans or specifications. Such additional Control Measures must be approved in writing by the Engineer before use. Items for Control Measures approved by the Engineer will be paid in accordance with Subsection 109.04(D). No measurement or payment will be made for such additional items not approved by the Engineer.

No measurement or payment will be made to the contractor for time spent in preparing, reviewing, and revising the SWPPP, the SAP, or providing other required documentation, the cost being considered as included in the price of contract items. No measurement or payment will be made for inspections, training of personnel, the contractor’s erosion control coordinator, the contractor's pollution prevention practices and requirements, or maintenance of the Control Measures during a suspension of work, the costs being considered as included in contract items.

No measurement or payment will be made, except as specified below for external laboratory testing, for labor, equipment, and materials required in the SAP, the cost being considered to be included in contract items.

If an item is included on the bidding schedule for Construction Monitoring (Laboratory Testing), the contractor will be reimbursed for those samples tested, as required in the approved SAP, by an accredited laboratory approved by the Arizona Department of Health Services. The contractor will be reimbursed for the invoice amount of each required test, plus an additional markup of ten percent of the invoice amount. No measurement or payment will be made for in-field testing and related equipment, the cost being considered to be included in contract items.

No measurement or payment will be made for temporary concrete washout facilities, the cost being considered to be included in contract items.

Unless otherwise specified, no measurement or payment will be made for maintenance of temporary and permanent Control Measures, the cost being considered as included in contract items.

104.10 Contractor's Responsibility for Work: of the Standard

Specifications is revised to read:

The contractor shall implement the requirements of the CGP for pollution prevention due to stormwater runoff during construction, as specified above in Subsection 104.09, Prevention of Stormwater Pollution.

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 from the nonexecution of the work. The contractor shall rebuild, 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. No reimbursement shall be made for work necessary due to the contractor's failure to comply with the requirements of the

SWPPP.

Except as specifically provided under Subsection 104.04, 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 and provide for normal drainage. The contractor shall maintain Control Measures in working order during any stoppage of work. Based on the nature of the work stoppage, the contractor and the Engineer shall determine the maintenance requirements. The contractor shall comply with the CGP including inspection of the project.

(104ENVIR, 06/17/21)

104.12 Environmental Analysis: the fifth and sixth paragraphs of the

Standard Specifications are revised to read:

If the contractor elects to do an environmental analysis and use any site, source, or access for the reasons listed above, they choose to do so at their own risk. It is the contractor’s responsibility to exercise due diligence when selecting these sites and areas.

The contractor shall bear all costs associated with the use of proposed sites, sources, and accesses.

The contractor shall promptly advise the Engineer that it is preparing the environmental analysis and shall submit to the Engineer for review and consultation. The Department will review the submittal and send it to the appropriate agencies and/or jurisdictions for consultation or return it to the contractor for revision. The contractor shall allow a minimum of 60 calendar days after submittal, or subsequent resubmittals, 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 due to the Department’s actions in the aforementioned review process, 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 the delay resulting due to the Department’s actions in the review process. A time extension request will not be considered or granted for any other reason. No time extension will be granted for a fixed completion date contract.

104.12 Environmental Analysis: the items (G) and (O) of the seventh paragraph of the Standard Specifications is revised to read:

(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 (SHPO) 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. The survey report shall be prepared by the contractor in accordance with SHPO and ASM formatting style for the Historic Preservation Specialist’s initial review. After the initial review, the Department will consult with the landowner, SHPO, and Tribes for a minimum of 35 days for the final approval of the survey report.

(O) A description of the impact on federally or state protected or other agency-specific special status wildlife and plants and their habitat, as defined in ADOT’s consultant biological procedures on the Department’s website. Compliance with the Arizona Native Plant Law shall be coordinated through the Arizona Commission of Agriculture and Horticulture.

104.12 Environmental Analysis: the eighth paragraph of the Standard

Specifications is revised to read:

Guidance and forms for preparing the environmental analysis are available on the Department’s website through the Environmental Planning Group, or by calling Environmental Planning Group at 602-712-7767.

(106DMAT, 02/15/11)

SECTION 106 - CONTROL OF MATERIALS: of the Standard Specifications is modified to add:

106.15 Domestic Materials and Products:

Steel and iron materials and products used on all projects shall comply with the current “Buy America” requirements of 23 CFR 635.410.

All manufacturing processes to produce steel and iron products used on this project shall occur in the United States. Raw materials used in manufacturing the steel and iron products may be foreign or domestic. Steel or iron not meeting these requirements may be used in products on this project provided that the invoiced cost to the contractor for such steel products incorporated into the work does not exceed either one-tenth of one percent of the total (final) contract cost or $2,500, whichever is greater.

Any process which involves the application of a coating to iron or steel shall occur in the United States. These processes include epoxy coating, galvanizing, painting, or any other coating which protects or enhances the value of covered material.

The requirements specified herein shall only apply to steel and iron products permanently incorporated into the project.