CITY OF TUCSON

AND

PIMA COUNTY

STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS

- 2003 -

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TABLE OF CONTENTS DIVISION 100 GENERAL PROVISIONS Section Page

101 Abbreviations and Terms ................................. 1 102 Bidding Requirements and Conditions ..................... 15 103 Award and Execution of Contract ......................... 24 104 Scope of Work ........................................... 27 105 Control of Work ......................................... 39 106 Control of Material ..................................... 57 107 Legal Relations and Responsibility to Public ............ 66 108 Prosecution and Progress ................................ 86 109 Measurement and Payment ................................. 98 110 Corrective Requirements For Deficiencies ................ 116 DIVISION 200 GRADING 201 Clearing and Grubbing ................................... . 129 202 Removal of Structures and Obstructions .................. . 132 203 Earthwork ............................................... 139 204 (Blank) 205 Roadway Grading ......................................... 157 206 Furnish Water Supply .................................... 159 207 Dust Palliative ......................................... 160 208 Separation Geotextile Fabric ............................ 161 DIVISION 300 SUBGRADE, SUBBASES AND BASES 301 Lime Treated Subgrade ................................... 164 302 Cement Treated Subgrade ................................. 171 303 Aggregate Base Course ................................... 179 304 Cement Treated Base ..................................... 182 305 (Blank) 306 Geogrid Base Reinforcement .............................. 188 307 Geocomposite Edge Drain ................................. 191 308 Lignin Sulfonate Treated Subgrade ....................... 194 DIVISION 400 SURFACE TREATMENTS AND PAVEMENTS 401-403 (Blank) 404 Bituminous Treatments ................................... 197 405 (Blank) 406 Asphaltic Concrete ...................................... 212 407-409 (Blank) 410 Asphalt-Rubber Stress-Absorbing Membrane ................ 235 411 (Blank) 412 Pavement Fabric Interlayer .............................. 239

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DIVISION 500 DRAINAGE FACILITIES 501 Drainage Pipe ........................................... 243 502 Structural Plate Pipe, Pipe-Arches, and Arches .......... 261 503 Concrete Catch Basins ................................... 264 504 (Blank) 505 Storm Drain and Utility Manholes ........................ 267 506 Underdrains ............................................. 272 508 Sanitary Sewer Pipe ..................................... 277 509 Sanitary Manholes ....................................... 302 510 Potable Water Systems ................................... 317 511 Reclaimed Water Systems ................................. 352 DIVISION 600 STRUCTURES 601 Concrete Structures ..................................... 363 602 Prestressing Concrete ................................... 388 603 Piling .................................................. 399 604 Steel Structures ........................................ 409 605 Steel Reinforcement ..................................... 417 606-608 (Blank) 609 Drilled Caissons ........................................ 424 610 Painting ................................................ 435 DIVISION 700 TRAFFIC CONTROL FACILITIES 701 Maintenance and Protection of Traffic ................... 441 702 Attenuation Devices ..................................... 469 703 (Blank) 704 Thermoplastic Stripes & Markings ........................ 472 705 Preformed Plastic Pavement Marking ...................... 480 706 Raised Pavement Markers ................................. 487 707 Tubular Marker (Flexible) ............................... 492 708 Painted Pavement Markings ............................... 495 709-729 (Blank) 730 General Requirements for Traffic Signal and Street Lighting Systems ........................................ 507 731 Structural Supports and Foundations for Traffic Signal and Street Lighting Systems ............................. 512 732 Electrical Material and Service ......................... 534 733 Signal Indications and Mounting Assemblies .............. 554 734 Traffic Signal Controller Assembly ...................... 567 735 Detectors ............................................... 599 736 Street and Sign Lighting ................................ 614 737 Incidental Electrical Work .............................. 627 DIVISION 800 ROADSIDE DEVELOPMENT 801 Landscape Excavation .................................... 631 802 Landscape Grading ....................................... 632 803 Landscape Borrow and Plating Material ................... 633 804 Topsoil ................................................. 637

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805 Seeding ................................................. 640 806 Trees, Shrubs and Plants ................................ 648 807 Landscaping Establishment ............................... 658 808 Landscape Irrigation System ............................. 663 809 (Blank) 810 Erosion Control and Pollution Prevention ................ 680 DIVISION 900 INCIDENTALS 901 Mobilization ............................................ 686 902 Chain Link Fence ........................................ 688 903 Wire Fence .............................................. 694 904 (Blank) 905 Guard Rail .............................................. 700 906 Cattle Guards ........................................... 706 907 (Blank) 908 Concrete Curbs, Gutters, Sidewalks and Driveways ........ 708 909 Survey Monuments ........................................ 713 910 Concrete Barriers ....................................... 715 911 (Blank) 912 Shotcrete ............................................... 720 913 Bank Protection ......................................... 726 914 Masonry Construction .................................... 735 915 Temporary Silt Fence .................................... 745 916 Embankment Curb ......................................... 748 917 Embankment Spillways, Embankment Down-Drains, Inlet and Outlets ............................................. 750 918-919 (Blank) 920 Soil Cement for Bank Protection, Linings and Grade Control Structures ................................ 752 921 (Blank) 922 Utility Concrete for Miscellaneous Construction ......... 762 923 Utility Installations Within Public Rights-Of-Way ....... 763 924-925 (Blank) 926 Engineer's Field Office ................................. 769 927-928 (Blank) 929 Boring & Jacking ........................................ 772 930 Incidental Items ........................................ 779 931 Decorative Concrete Pavement ............................ 780 932 Pavers .................................................. 782 933 Barricade Railing ....................................... 786 934 Post Barricades ......................................... 790 940 Removal of Asbestos Containing Material ................. 792 DIVISION 1000 MATERIALS 1001 Material Source ......................................... 812 1002 Paint ................................................... 814 1003 Reinforcing Steel ....................................... 824 1004 Structural Metal ........................................ 828 1005 Bituminous Materials for Surfacing ...................... 830 1006 Portland Cement Concrete ................................ 838 1007 Retro-Reflective Sheeting ............................... 859 1008 Prismatic Reflectors .................................... 861

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1009 Asphalt-Rubber Material ................................. 863 1010 Pipe Materials .......................................... 866 1011 Joint Materials ......................................... 884 1012 Guard Rail Materials .................................... 891 1013 Bearing Pads ............................................ 896 1014 Geosynthetics ........................................... 905 1015 Epoxy Materials ......................................... 917 1016 Packaged Dry Concrete and Mortar Materials .............. 921 1017 Non-Shrink Grout Materials .............................. 926

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SECTION 101 ABBREVIATIONS AND TERMS 101-1 GENERAL Titles and headings are for convenience of reference and have no bearing on the interpretation of these specifications. When a publication is specified, it refers to the most recent date of issue, including interim publications, before the date of advertisement for the Project, unless a specific date or year of issue is provided. In the contract, the words or equal, referring to a product, material, or process, mean equal as determined by the Agency. In the contract, the words as indicated or indicated mean as indicated or indicated on the project plans. 101-2 ABBREVIATIONS Wherever the following abbreviations are used in these Specific-ations, on the project plans or on the Standard Details, they are to be construed the same as the respective expressions represented: AAA Aluminum Alloy Association

AAMA Architectural Aluminum Manufacturer's Association

AAN American Association of Nurserymen

AAR Association of American Railroads

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute

ADEQ Arizona Department of Environmental Quality

ADOT Arizona Department of Transportation

AEC Arizona Electric Code

AGA American Gas Association

AGC Associated General Contractors of America

AIA American Institute of Architects

AIEE American Institute of Electrical Engineers

AISC American Institute of Steel Construction

AISI American Iron and Steel Institute

AITC American Institute of Timber Construction

ALS American Lumber Standards

AMCA Air Movement and Control Association

ANSI American National Standards Institute, Inc.

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APA American Plywood Association

APHA American Public Health Association

ARA American Railway Association

AREA American Railway Engineering Association

ARS Arizona Revised Statutes

ARTBA American Road and Transportation Builders Association

ASA American Standards Association

ASCE American Society of Civil Engineers

ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers

ASHVE American Society of Heating and Ventilating Engineers

ASLA American Society of Landscape Architects

ASLD Arizona State Land Department

ASME American Society of Mechanical Engineers

ASRE American Society of Refrigerating Engineers

ASSE American Society of Sanitary Engineering

ASTM American Society for Testing and Materials

AWG American Wire Gauge

AWI Architectural Woodwork Institute

AWPA American Wood Preservers' Association

AWPI American Wood Preservers' Institute

AWS American Welding Society

AWWA American Water Works Association

AZI American Zinc Institute

CFR Code of Federal Regulations

CISPI Cast Iron Soil Pipe Institute

CPI Clay Pipe Institute

CRA California Redwood Association

CRSI Concrete Reinforcing Steel Institute

CS Commercial Standards

DBE Disadvantaged Business Enterprise

EIA Electronic Industries Association

FCC Federal Communications Commission

Fed Spec Federal Specifications (See FSS)

FGJA Flat Glass Jobber's Association

FHWA Federal Highway Administration

FM Factory Mutual

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FSS Federal Specifications and Standards, General Services Administration

IAL Independent Approved Laboratory

IAPMO International Association of Plumbing and Mechanical Officials

IEEE Institute of Electrical and Electronic Engineers

IES Illuminating Engineering Society

IMSA International Municipal Signal Association

IPCEA Insulated Power Cable Engineer's Association

IRI Industrial Risk Insurers

ISA Instrument Society of America

ITE Institute of Transportation Engineers

MUTCD Manual on Uniform Traffic Control Devices

NAAMM National Association of Architectural Metal Manufacturers

NBFU National Board of Fire Underwriters'

NBS National Bureau of Standards

NCMA National Concrete Masonry Association

NCPI National Clay Pipe Institute

NCPRC National Clay Pipe Research Corporation

NESC National Electrical Safety Code

NEMA National Electrical Manufacturer's Association

NFPA National Fire Protection Association

NIST National Institute for Standards and Technology (U.S. Department of Commerce)

NLMA National Lumber Manufacturer's Association

NSF National Sanitation Foundation

OSHA Occupational Safety and Health Administration

PCA Portland Cement Association

PLP Plastic Laminate Producers

PS Product Standard, Product Standard Section U.S. Department of Commerce

PUESR Pacific Utilities Electrical Service Requirements

RMA Radio Manufacturer's Association

SAE Society of Automotive Engineers

SHA State Highway Agency

SSPC Steel Structures Painting Council

SWPPP Stormwater Pollution Prevention Plan

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TCA Tile Council of America

UBC Uniform Building Code

UL Underwriters' Laboratories, Inc.

UPC Uniform Plumbing Code

USS United States Standard

WCLA West Coast Lumberman's Association

WCLIB West Coast Lumber Inspection Bureau

WIA Woodwork Institute of Arizona

WWPA Western Wood Products Association 101-3 TERMS Whenever in these specifications or in other contract documents the following terms are used, the intent and meaning shall be interpreted as follows: Acceptance - Activities performed by the Agency or its designated representative to determine the quality and acceptability of the materials and workmanship incorporated into the project. Addendum - A revision to the Contract Documents made available to Bidders after advertisement of, but prior to the opening of, bids for a contract. Advertisement for Bids - The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished. Agency - The governmental body for whom the construction is being done, either by permit or contract. Aggregate - Inert material such as sand, gravel, broken stone, crushed stone or a combination thereof. Amendment - Refer to Addendum. As-Built Plans - Plans annotated by the contractor or Engineer and kept current with the progress of the work which clearly show the work constructed and any variations from the as-bid plans. Award - The acceptance by the Agency of a bid to do work or furnish materials. Backfill - Material placed in an excavated space to fill such space. Bedding - Material placed in the area of an excavated trench from the bottom to the springline of the pipe or conduit.

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Bid - The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. Bid Bond - The security furnished with a bid to guarantee that the bidder shall enter into the contract if the bid is accepted. Bidder - An individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture submitting a bid. Bid Document - The document which describes the construction and its location, the quantities and kinds of work to be performed or materials to be furnished, a schedule of items for which unit bid prices are invited, and any SPECIAL PROVISIONS or requirements which vary from or are not included in the STANDARD SPECIFICATIONS. Bid Form - The approved form on which the Agency requires bids to be prepared and submitted for the work, commonly called the bidding schedule. Bidding Schedule - The prepared schedule, included as a part of the bid document, containing the estimated quantities of the pay items for which unit bid prices are invited. Blue Stake - The centralized contact point for scheduling the field location of utility lines within the limits of the project. Board of Directors - The Pima County Board of Supervisors sitting as a special Board as provided for and acting under the authority of the laws of the State of Arizona. Board of Supervisors - The Pima County Board of Supervisors. Bond Issue Project - A project financed from bonds issued by the City, County or Town pledging credit or a revenue resource. Bridge - A structure, including supports, erected over a depression or an obstruction, such as a highway, railway or water and having a track or passageway for carrying traffic or other moving loads as well as an opening, measured along the center of the roadway, of more than 20 feet (6.1 meters) between undercopings of abutments or extreme ends of openings for multiple boxes. Bridge Length - The greater dimension of a structure measured along the center of the roadway between the backs of abutment backwalls or between ends of the bridge floor. Bridge Roadway Width - The clear width of structure measured at right angles to the center of the roadway between the bottom face of curbs or, if curbs are not used, between the inner faces of parapet or railing.

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Budget Project - A project financed by funds from General Tax levies and shared revenue funds set aside in the annual budget adopted by the Council or Board of Supervisors. Calendar Day - Any day shown on the calendar, beginning at midnight, extending for a 24 hour period, and ending at midnight. Change Order - A written order, issued by the Engineer to the contractor, to make changes in the work or to perform additional work, and establishing the conditions for payment or adjustment in the time of completion. Channel - A natural or artificial watercourse. City - A municipal corporation, organized and existing under and by virtue of the laws of the State of Arizona. Compensable Delay - Refer to Delay. Complete-in-Place - Complete-in-place means that the payment shall be full compensation for all work necessary to complete that portion of the contract in its entirety to the satisfaction of the Engineer, in accordance with the requirements of the plans and specifications. When the basis of payment states the work shall be paid for complete-in-place it shall be the contractor's responsibility to determine the elements necessary to complete the work. When the basis of payment includes a list of elements associated with the complete-in-place work, the list shall not be construed to limit the work to the listed elements. Conduit - A pipe used for receiving and protecting wire(s) or cable(s). Construction Easement - A right to use or control property outside of the established right-of-way limits for a designated project. Contract Agreement - The written agreement between the Agency and the contractor setting forth the obligations of the parties thereunder, including, but not limited to, the performance of the work, the furnishing of labor and materials and the basis of payment. Contract Amount - The total amount to be paid the contractor for completion of the work specified in the Contract Documents within the contract time and to the satisfaction of the Engineer. Contract Documents - The Contract Documents include the advertise-ment for bids, bid document, contract agreement and contract bond, certificate of insurance, Standard Specifications, supplemental specifications, SPECIAL PROVISIONS, project plans, Standard Details and any supplemental agreements or change orders that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.

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Contract Bond - The approved form of security, extended by the contractor and the contractor's surety or sureties, guaranteeing complete execution of the contract and all supplemental agreements and/or change orders pertaining thereto and the payment of all legal debts arising from the construction of the project. Contract Time - The number of working days or calendar days allowed for completion of the contract, including authorized time extensions. If a specified completion date is shown in the bid documents in lieu of the number of working or calendar days, the contract time expires on that date, and the construct shall be completed on or before that date. Contractor - The individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture, entering into a contract with the contracting Agency for performance of the prescribed work. Council - The city or town Council which, by law, constitutes the legislative body of the entity. County - Pima County, organized under, and existing by virtue of the laws of the State of Arizona. Culvert - Any structure not classified as a bridge which provides an opening under the roadway. Day - Unless otherwise designated, day shall be understood to mean a calendar day. Deficiency - Departure from, or noncompliance with, specified criteria. Delay - Any event, action, force or factor that causes the length of time needed to perform the work to increase. (A) Compensable Delay - An excusable delay for which the

contractor may be entitled to additional compensation. (B) Excusable Delay - A delay to the contract or a milestone

completion date which was unforeseeable and beyond the contractors control for which a time extension may be granted.

(C) Noncompensable Delay - An excusable delay for which the

contractor may be entitled to an extension of time without additional compensation.

(D) Nonexcusable Delay - A delay to the contract or milestone

completion date that was reasonably foreseeable or within the control of the contractor for which no compensation or time extension will be granted.

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Engineer - The city, county or town Engineer, appointed by the Council or Board of Supervisors, acting directly or through the Engineer's duly authorized representative, who is responsible for engineering supervision of the construction. Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work. Excusable Delay - Refer to Delay. Extra Work - Work to be performed by the contractor not provided for in the contract as awarded but found essential to the satisfactory completion of the project. Force Account - Work paid for on a time and materials basis pursuant to Subsection 109-5. Grade Stakes - Any stake used to establish a plan elevation on the ground. Highway, Street or Road - A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. Holiday - The legal holidays recognized by the particular city, county or town with whom the contract has been executed. Improvement District Project - A project financed, either in part or whole, by assessments against the property included in a special assessment district authorized under ARS Title 48, Chapter 4, Article II. Independent Approved Laboratory - A testing laboratory which has been approved by the Engineer to perform testing and which has been determined by the Engineer to be free from any conflict of interest. Inspector - The Engineer's authorized representative assigned to make detailed inspections of contract performance. Item (Pay Item) - A detail of work for which separate payment is made under the contract. Laboratory - The testing laboratory of the Agency or any other testing laboratory which is certified or approved by the Agency. Liquidated Damages - A specified monetary amount set forth in the contract as a reasonable estimate of the Agencys damages caused by the contractors failure to substantially complete the contract within the contract time.

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Lump Sum - The price bid by the contractor as a single amount for a complete contract item as defined by the specifications, or a price proposed by a contractor for a single amount for the performance of extra work. Materials - Any substances specified for use in the construction of the project and its appurtenances. Median - The portion of the highway, street, or road which separates the traveled roadway from traffic flowing in opposite directions. Neat Lines - The lines defining the sides of an excavation to be paid for. Noncompensable Delay - Refer to Delay. Nonexcusable Delay - Refer to Delay. Notice of Award - Written notice to the contractor stating that the bid submitted to the contracting Agency has been accepted. Notice to Proceed - Written notice to the contractor stating that the contractor is to commence work on the project and specifying the date on which the contract time begins. Or Equal - The equality of material, equipment and/or method, offered by the contractor, supplier, or manufacturer in lieu of the material, equipment and/or method specified in the contract documents. The Engineer shall be the sole judge as to whether a product is equal for the purpose of a particular project. Pavement Structure - The combination of subbase, base course, and/or surface course placed to support the traffic load. Subgrade: The prepared and compacted soil immediately below

the pavement structure and extending to such depth as will affect the structural design.

Subgrade Treatment: Modification of roadbed material by

stabilization. Subbase: One or more layers of specified or selected

materials, of designed thickness, placed on the subgrade to support a base course.

Base Course: One or more layers of specified materials, of

designed thickness, placed on a subbase course or a subgrade to support a surface course.

Surface Course: One or more layers of pavement structure

designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion and the disintegrating effects of climate. The top layer is sometimes called a "wearing course."

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Payment Bond - The security provided by the contractor solely for the protection of claimants supplying labor and materials to the contractor or to subcontractors of the contractor. Performance Bond - The security provided by the contractor solely for the protection of the contracting Agency and conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof. Permit - The license to progress construction in public rights- of-way or easements as issued by the Agency holding title to the right-of-way or easement. Plans - The official project plans, Standard Details and working drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, and details of the work to be performed. All such documents are to be considered as a part of the plans whether or not they are reproduced in the bid document. Standard Details: Drawings approved for repetitive use,

showing details to be used where appropriate. Project Plans: Specific details and dimensions peculiar to

the work which are supplemented by the Standard Details insofar as they may apply.

Working Drawings: Supplemental design sheets, shop drawings,

or similar data which the contractor is required to submit to the Engineer such as stress sheets, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, computations or any other supplementary data required of the contractor.

Professional Engineer - The term Professional Engineer or Registered Professional Engineer means a person who has been granted registration in one or more of the branches of engineering by the Arizona State Board of Technical Registration for Architects, Assayers, Engineers, Geologists, Landscape Architects and Land Surveyors, and is authorized to practice professionally in the State of Arizona. If a branch of engineering is included in the title, such as Professional Civil Engineer, registration in that branch shall be required. Profile Grade - The trace of a vertical plane corresponding to the top surface of the proposed wearing surface or finished channel grading, usually along the longitudinal center line of the roadbed or channel. Profile grade means either elevation or gradient of such trace according to the context. Project - The specific coordinated construction or similar undertaking identified by a single project number and bid and awarded as one contract. On occasion two or more projects may be bid and awarded as a single project.

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Project Plans - The official plans of the project. Refer to definition of Plans. Purchased Service - A purchased service is a minor portion of work not provided for in the contract, which may be accomplished by the use of specialized labor or equipment not normally utilized by either the contractor or a subcontractor. The cost of the purchased service is invoiced to either the contractor or a subcontractor as a purchased service. Quality Control - Contractor or supplier techniques and activities that are performed or conducted to fulfill the contract requirements. Reasonably Close Conformity - Reasonably close conformity means compliance with reasonable and customary manufacturing and construction tolerances where working tolerances are not specified. Where working tolerances are specified, reasonably close conformity means compliance with such working tolerances. Without detracting from the complete and absolute discretion of the Engineer to insist upon such tolerances as establishing reasonably close conformity, the Engineer may accept variations beyond such tolerances as reasonably close conformity where they will not materially affect the value or utility of the work and the interests of the Agency. Registered Land Surveyor - A person who has been granted registration in Land Surveying by the Arizona State Board of Technical Registration for Architects, Assayers, Engineers, Geologists, Landscape Architects and Land Surveyors, and who is authorized to practice professionally in the State of Arizona. Right-of-Way - A general term, denoting land, property or interest therein, usually in a strip, acquired for or devoted to transportation or other public works purposes. Roadbed - The graded portion of a highway within top and side slopes, prepared as a foundation for the pavement structure and shoulders. Roadside - A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside. Roadside Development - Those items necessary to the complete highway 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; such suitable planting and other improvements as may increase the effectiveness and enhance the appearance of the highway. Roadway - That portion of a highway, street, or road right-of-way required for construction, limited by the outside edges of slopes, including ditches, channels and all structures pertaining to the work.

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Shoulder - The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use and, for lateral support of base and surface courses. Sidewalk - That portion of the roadway primarily constructed for the use of pedestrians. SPECIAL PROVISIONS - Additions and revisions to the Standard Specifications covering conditions and requirements peculiar to an individual project. Specifications - The compilation of provisions and requirements for the performance of prescribed work. Specified Completion Date - The date on which the contract work is specified to be completed. Standard Details - Drawings approved for repetitive use, showing details to be used where appropriate. Standard Specifications - A book of specifications approved for general application and repetitive use. State Highway Agency - Refer to Agency. Structures - Bridges, culverts, catch basins, drop inlets, retaining walls, manholes, endwalls, buildings, sewers, service pipes, under drains, foundation drains, and other features which may be encountered in the work. Subcontractor - An individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture, to which the contractor sublets a part of the Contract. Subgrade - The road bed materials beneath the pavement structure. The top prepared surface of the subgrade is called the finished subgrade elevation. Substructure - All of that part of the structure below the bearings of simple and continuous spans, skewbacks for arches, or tops of footings of rigid frames, together with the backwalls, wingwalls, and wing protection railings. Superintendent - The contractor's authorized representative in responsible charge of the work. Superintendent of Streets - The individual duly appointed by the Council or Board of Supervisors, as provided by A.R.S. 48-501, 48-571 and 48-901. Superstructure - All that part of a structure above the bearings of simple and continuous spans, skewbacks or arches, or top of footings of rigid frames; excluding backwalls, wingwalls and wing protection railings.

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Supplemental Agreement - A written agreement made and entered into by and between the Agency and the contractor covering work not otherwise provided for; revisions in or amendments to the terms of the contract; or conditions specifically prescribed in the specifications as requiring a supplemental agreement. Such supplemental agreement shall become a part of the Contract when approved and properly executed. Supplemental Specifications - Additions and revisions to the Standard Specifications that are adopted subsequent to issuance of the printed book. Supplier - One who fabricates, or processes an item off the project site, and who may or may not deliver this to the project. For purposes of this definition, a supplier shall not include one who establishes a fabricating process or facility expressly for use of the project, whether on or off the project site; or one who performs work on the project site that is incorporated into the project. Surety - The corporate body bound with and for the contractor, for the full and complete performance of the Contract and for payment of all debts pertaining to the work. Town - A municipal corporation, organized and existing under and by virtue of the laws of the State of Arizona. Township or District - A subdivision of the county used to designate or identify the location of the proposed work. Traveled Way - The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. Unbalanced Bid (Materially) - A bid that generates a reasonable doubt that award to the bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Agency. Unbalanced Bid, (Mathematically) - A bid containing lump sum or unit bid prices that do not reflect reasonably anticipated actual costs plus a reasonable proportionate share of the bidders anticipated profit, overhead costs and other indirect costs and which, in the judgement of the Agency, would allow the bidder to receive an advantage from any quantity overrun or underrun. Unit Prices - The price bid by the contractor for one unit of work, as defined by the specifications. Work - Work shall mean the furnishing of all labor, materials, equipment and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the Contract. Working Day - A calendar day, exclusive of Saturdays, Sundays and Agency recognized holidays, on which weather and other conditions not under the control of the contractor permit construction

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operations to proceed for the major part of the day with the normal working force engaged in performing the controlling item or items of work which would be in progress at that time. Working Drawings - Supplemental design sheets, shop drawings, or similar data which the contractor is required to submit to the Engineer such as stress sheets, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, computations or any other supplementary data required of the contractor. Work Order - A written order, signed by the Engineer, of a contractual status requiring performance by the contractor without negotiation of any sort. 101-3.01 Repetition of Expressions. In order to avoid cumbersome and needless repetition of such phrases as "to the Engineer" and "by the Engineer" throughout the specifications, it shall be understood that when an order, instruction, decision, exercise of judgement or other similar action is indicated, such order, instruction, decision, exercise of judgement or other similar action will be issued, given, made by or reserved to the Engineer. 101-3.02 Interpretation of terms. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural; and words in the plural number include the singular. 101-3.03 Titles; Headings. The titles or headings of sections and subsections are intended for convenience of reference and shall not be considered as having any bearing on their interpretation.

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SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS 102-1 ADVERTISEMENTS FOR BIDS Projects are advertised in a newspaper of general circulation within Pima County, Arizona. The bidder may obtain information regarding the specific newspaper and advertisement period from the appropriate Agency. A copy of the advertisement for bids is also bound in each bid document. The advertisement for bids may contain the following information: Project number and name. Date, time and place of public opening of bids. Location and length of project. General description of work, principal items and approximate

quantities. Specified contract time (working days, calendar days or fixed

date(s)) for completion of contract work. Statement of bid requirements. Date, time and place of the prebid conference. Manner in which project plans and specifications may be

obtained and the cost of same. Type and amount of bid bond. Number of days after bid opening within which the contract

will be awarded, if awarded. Number of days that the successful bidder has to return the

signed contract, bonds and certificates of insurance. 102-2 PREQUALIFICATION OF BIDDERS The advertisement for bids may require the bidder to file an experience questionnaire, a confidential financial statement and proof of licensure pursuant to state statute prior to submitting a bid. 102-3 SUSPENSION FROM BIDDING The Agency may suspend any person and any subsidiary or affiliate of any person from further bidding to the Agency and from being a subcontractor to a contractor with the Agency or a supplier to the Agency if that person or any officer, director, employee or agent of that person is convicted of a crime involving any of the following elements or activities:

Entering into any contract, combination, conspiracy or other unlawful act in restraint of trade or commerce; Knowingly and willfully falsifying, concealing, or covering up a material fact by trick, scheme, or device; Making false, fictitious, or fraudulent statements or representations; Making or using a false writing or document knowing it to contain a false, fictitious, or fraudulent statement or entry;

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Misrepresentation or false statement on any application for bonding; Misrepresentation or false statement on any application for prequalification; or

Under this Subsection, a person means any individual, partnership, corporation, association or other entity formed for the purpose of doing business as a contractor, subcontractor or supplier. 102-4 CONTENTS OF BID DOCUMENT Upon request, the Agency shall furnish the prospective bidder a bid document. This document shall state the location and description of the contemplated construction and shall show the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished and shall have a schedule of items for which unit bid prices are invited. The bid document shall state the time in which the work must be completed, the type and amount of the bid bond and the date, time and place of the opening of bids. The document shall also include any Special Provisions or requirements which vary from or are not included in the Standard Specification. All papers bound with or attached to the bid document are considered a part thereof and shall not be detached or altered when the bid is submitted. The project plans, specifications, Standard Details and other items designated in the bid document, shall be considered a part of the bid whether attached or not. Each and every provision of law and clause required by law to be inserted in the contract shall be deemed to be inserted herein, and the contract shall be read and enforced as though it were included herein. The project plans and bid document are available at the price per set indicated in the advertisement for bids. 102-5 ISSUANCE OF BIDS The Agency reserves the right to disqualify a bidder or refuse to issue a bid document for any of the following reasons: Lack of competency and adequate machinery, plant and other

equipment, as revealed by the financial statement and experience questionnaires addressed in Subsection 102-2.

Uncompleted work which, in the judgment of the Agency,

might hinder or prevent the prompt completion of additional work if awarded.

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Failure to pay or settle satisfactorily, all bills due for labor and material on former contracts in force at the time of issuance of a proposal bid document.

Failure to comply with any qualification regulations of

the Agency. Default under previous contracts. Unsatisfactory performance on previous work. Entering into any contract, combination, conspiracy, or other

unlawful act in restraint of trade or commerce. Knowingly and willfully falsifying, concealing, or covering

up a material fact by trick, scheme, or device. Making false, fictitious, or fraudulent statements or

representations. Making or using a false writing or document knowing it to

contain a false, fictitious, or fraudulent statement or entry.

Misrepresentation or false statement on any application for

bonding. Misrepresentation or false statement on any application for

prequalification. Lack of sufficient ability or integrity to complete the

contract. Failure to hold all licenses required by law for the work to

be performed. 102-6 INTERPRETATION OF QUANTITIES IN BIDDING SCHEDULE The quantities appearing in the bidding schedule, except as provided elsewhere, are approximate only and are prepared for the comparison of bids. Payment to the contractor shall be made only for the actual quantities of work performed and accepted or materials furnished in accordance with the requirements of the contract. The scheduled quantities of work to be done and materials to be furnished may each be increased, decreased or omitted as provided in Subsection 104-2. 102-7 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The Agency shall prepare project plans and Special Provisions in accordance with acceptable engineering standards, giving such directions as will enable any competent contractor to carry them out. The bidder shall carefully examine the site of the proposed work, including material pits and haul routes, the bid documents, project plans, Standard Details, Standard Specifications, Special Provisions and contract forms before submitting a bid. The

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submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the bid documents. Submission of a bid shall be conclusive evidence that the bidder has reviewed the federal, state and local laws, ordinances, rules and regulations that may affect the performance of the work and is aware of the limitations, conditions, and restrictions that may be placed on the work by other agencies with regulatory jurisdiction, whether or not stated within the Contract Documents. Where the Agency has made investigations of site conditions including subsurface conditions in areas where work is to be performed under the contract, or in other areas, some of which may constitute possible local material sources, such investigations are made only for the purpose of study and design. Where such investigations have been made, bidders may, upon written request, inspect the records of the Agency as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records shall be made at the office of the Agency having control of the work. The records of such investigations are not a part of the contract and are shown solely for the convenience of the bidder. It is expressly understood and agreed that the Agency assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the Agency in its use thereof and there is no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records thereof are representative of those existing throughout such areas, or any part thereof, or that unlooked for developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered. When a log of test borings or other record of geotechnical data obtained by the Agency's investigation of subsurface conditions is included with the contract documents, it is expressly understood and agreed that the record does not constitute a part of the contract, represents only the opinion of the Agency as to the character of the materials or the conditions encountered by it in its investigations, is included in the plans only for the convenience of bidders and its use is subject to all of the conditions and limitations set forth in this Subsection. In some instances, the information from such site investigations considered by the Agency to be of possible interest to bidders has been compiled as "Materials Information." The "Materials Information" is not a part of the contract and is furnished solely for the convenience of bidders. It is understood and agreed that the fact that the Agency has compiled the information from such investigations as "Materials Information" and has exhibited or furnished to the bidders such "Materials Information" shall not be

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construed as a warranty or guarantee, express or implied, as to the completeness or accuracy of such compilations and the use of such "Materials Information" shall be subject to all of the conditions and limitations set forth in this Subsection. When contour maps were used in the design of the project, the bidders may inspect such maps and, if available, they may obtain copies for their use. When an earthwork mass diagram is included with the contract plans, it is expressly understood and agreed that the mass diagram does not constitute a part of the contract, and represents only an opinion of the Agency as to the swell or shrinkage of excavated material and the direction and quantities of haul. It is included in the plans only for the convenience of bidders and its use is subject to all of the conditions and limitations set forth in this Subsection. The availability or use of information described in this Subsection is not to be construed in any way as a waiver of the provisions of the first paragraph in this Subsection and a bidder is cautioned to make such independent investigation and examination as the bidder deems necessary to satisfy itself as to conditions to be encountered in the performance of the work and, with respect to possible local material sources, the quality and quantity of material available from such property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the specifications. No information derived from such inspection of records, investigations, or compilation thereof made by the Agency or obtained from the Engineer, or the Engineer's assistants, shall in any way relieve the bidder from any risk or from properly fulfilling the terms of the contract. The bidder shall take no advantage of any apparent error or omission in the plans, bid schedule items, estimated quantities, specifications or other contract documents. In the event the bidder discovers such an apparent error or omission or be in doubt as to their meaning, the bidder shall immediately notify the Agency, in writing, requesting a clarification or interpretation as appropriate. Any clarification or interpretation deemed necessary by the Agency shall be issued to all prospective bidders in the form of an Addendum. Any Addendum so issued shall form a part of the contract documents. No oral clarifications or interpretations shall be made to any bidder regarding the contents of the contract documents. The Agency shall not be bound by and a bidder shall not rely on any oral statement interpreting or clarifying the contract documents made by the Engineer or any employee or agent of the Agency.

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102-8 PREPARATION OF BID The bidder shall submit the bid only upon the forms furnished by the Agency. No consideration shall be given to any purported bids on other forms, or to any request to modify or change a bid, regardless of whether such request is submitted orally, by wire, by letter, over the telephone, or by other similar means. The bidder shall specify a unit price in figures for each pay item for which a quantity is given in the bidding schedule and shall also show the amount extended as the product of the quantity and unit price for each bid item in the column provided for that purpose. In the event that more than two decimal places are used in representing a unit price, all digits beyond the second decimal place will be truncated and the extended amount for the affected item(s) and the total bid will be recomputed accordingly. The total amount of the bid shall be obtained by adding the amounts of the several items. All of the figures shall be in ink or typed. In case of a discrepancy between a unit price and the amount extended, the unit price shall govern. All revisions or corrections to figures on the bidding schedule shall be initialed in ink by an authorized officer or agent of the bidder. When an item in the bid contains a choice to be made by the bidder, the bidder shall indicate a choice in accordance with the specifications for that particular item and thereafter no further choice shall be permitted. All signatures required on the bidder's bid documents shall be signed in ink. The bidder shall clearly show his or her name, post office address and signature. All signatures on the bid documents shall be by individuals duly authorized to bind the business entity or firm. In addition, the following shall be completed by the bidder in the bid unless otherwise indicated in the Agencys advertisement for bids. (A) Signature of the bidder acknowledging receipt of the bid document and all Addenda and agreeing that the bid includes the listed Addenda received with or after receipt of the bid document and that the listed addenda were considered in preparing the bid. (B) Inclusion of the bidder's Arizona State Contractors License number and classification. (C) A list of all subcontractors and suppliers intended to be used on the project, and the type of the work to be subcontracted to each. (D) Any other requirements indicated by the Agencys Special Provisions.

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The complete bid document shall be submitted and the bid sheets shall not be separated from the remainder of the document. Bid documents are not transferable. 102-9 AFFIDAVIT AND CERTIFICATION FORMS Each bidder shall certify on behalf of the person, firm, association, or corporation submitting the bid, that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. This certification shall be on the form provided in the bid document and sworn to by the bidder before a person who is authorized by the laws of the State to administer oaths. The required forms for the affidavit and the certification with respect to receipt of addendums are included in the bid document and shall be completed and signed in ink by each bidder. 102-10 REJECTION OF BIDS Bids may be rejected if they show unauthorized alteration of words or figures, unauthorized conditional or uncalled for alternate bids, obviously unbalanced bids, any authorized alteration of words or figures or erasures not initialed by the person or persons signing the bid or a submission of any kind which may tend to make the bid incomplete, indefinite or ambiguous as to its meaning. The Agency reserves the right to waive such minor irregularities as to form or substance and to accept the bid if doing so would be in the best interest of the taxpayers or improvement district participants funding the project. Bids may be rejected for any of the following reasons: If the bid or bidding schedule is on a form other than that

furnished by the Agency. If the bidder or surety fails to sign the bid bond, unless a

certified or cashier's check is submitted with the bid. If the bidder fails to sign the bid document. If the bidding schedule does not contain a unit price for

each pay item listed except in the case of authorized alternate pay items.

If the bidder fails to meet the required goal for

Disadvantaged Business Enterprises (DBE) as may be established in the Special Provisions or show good faith effort as determined by the Agency.

If the bidder fails to sign and notarize (if notarization

is required) the non-collusion affidavit form.

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In addition, the bid may be rejected for non-compliance with any of the items listed in Subsection 102-5 or if the bid is deemed to be unbalanced. An unbalanced bid is as defined in Subsection 101-3. 102-11 DELIVERY OF BIDS Each bid, together with the required bid bond, shall be placed in an envelope bearing the project name, number and date and time of closing as specified in the Advertisement for Bids. The envelope shall be sealed. All bids shall be submitted prior to the time and at the place specified in the advertisement for bids. Bids received after the time set for opening the bids shall be returned to the bidder unopened. The contractor shall be issued a receipt at the time of bid submittal indicating the time and date of the submittal. 102-12 BID BOND A bid bond in the form of a certified or cashier's check or surety bond in an amount not less than that specified by Arizona Revised Statute (ARS) Section 34.201 shall accompany the bid. The bidder is advised to review the character and the amount of the bid bond specified in the Advertisement for Bids. Surety bonds shall be accepted only on the form acceptable to the Agency and only from corporate sureties duly authorized to do business in Arizona. Surety bonds shall be signed by the bidder and by the surety with a current Power of Attorney attached. 102-13 WITHDRAWAL OF BIDS A bidder will be permitted to withdraw a bid unopened after it has been submitted to the Agency, provided the request, in writing, is received by the Agency prior to the time specified for the opening of bids. 102-14 COMBINATION OR CONDITIONAL BIDS If the Agency so elects, a bid document may be issued for projects in combination or separately so that bids may be submitted either on the combination or on separate units of combination. The Agency reserves the right to make awards on combination bids or separate bids to the best advantage of the Agency. No combination bids, other than those specifically set up in the bid document issued by the Agency, shall be considered. Separate contacts shall be written for each individual project included in the combination. Conditional bids shall be considered when so stated in the Special Provisions.

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102-15 PUBLIC OPENING OF BIDS Bids shall be opened and read aloud at the time and place indicated in the Advertisement for Bids. Bidders, their authorized agents and other interested parties are invited to be present. 102-16 Licensing It is the responsibility of the bidder to determine whether it has the appropriate contracting licenses to perform the work. The Agency will make the award, if any, to the lowest responsible bidder who has the proper licenses. For all projects except Federal-aid funded projects, the bidder must have the proper licenses at the time the bid is submitted to the Agency. On Federal-aid funded projects, the bidder is not required to have the licenses at the time of bidding, but it must procure the licenses before award can be made, and no later than 60 days after the date bids are opened. Licensing information is available from the Arizona Registrar of Contractors.

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SECTION 103 AWARD AND EXECUTION OF CONTRACT 103-1 CONSIDERATION OF BIDS After the bids are opened and read aloud, they shall be compared on the basis of the sum of the products of the quantities shown in the bidding schedule multiplied by the unit bid prices shown in the bidding schedule. In the event of a discrepancy between unit bid prices and extensions, the unit bid price shall govern. The results of such comparisons shall be available to the public. The right is reserved to reject any or all bids, to waive technicalities or to advertise for new bids if, in the judgement of the Agency, the best interests of the Agency will be promoted thereby. 103-2 AWARD OF CONTRACT The award of contract, if awarded, shall be made by the Agency, within the time period, or any extension of such time period, specified in the Invitation to Bid, to the lowest responsible and qualified bidder whose bid complies with all the requirements prescribed. The successful bidder shall be notified that the bid has been accepted and that the successful bidder has been awarded the contract by: (A) Written notice mailed to the address shown in the bidder's bid for Bond Issue or Budget Projects, and, (B) Publication in accordance with the requirements of the Arizona Revised Statutes for Improvement District Projects. The notice of award letter may be withheld pending receipt by the Agency of concurrence by any participating entity or for other good cause. At any time after completion of the period set forth above for award of contract, the successful bidder may, by letter, notify the Engineer of the Agency's failure to issue a notice of award letter. If the notice of award letter has not been issued within ten days from the date that the successful bidder's letter has been filed with the Agency, the successful bidder shall have the right to withdraw the bid without forfeiture of the bidder's bid bond. 103-3 CANCELLATION OF AWARD The Agency reserves the right to cancel the award of any contract at any time, before the execution of the contract by all parties, without any liability against the Agency. 103-4 RETURN OF BID BOND Bid bonds in the form of certified or cashiers checks or surety bonds shall be returned immediately following the opening and

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checking of bids, except for the bid bond of the lowest qualified bidder; however, the Agency may also retain the bid bond of the second lowest qualified bidder at its discretion. Bid bonds in the form of certified or cashier's checks or surety bonds that have been retained shall be returned promptly upon completion of both of the following actions: The award of contract. The filing with the Agency of satisfactory bond, insurance

and contract forms executed by the bidder. 103-5 BONDS Concurrent with the execution of the contract, the successful bidder shall furnish each of the following bonds to the Agency; each bond shall be 100 percent of the total contract amount. (A) Performance Bond. A Performance Bond which shall be conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof. Such bond shall be solely for the protection of the Agency awarding the contract. (B) Payment Bond. A Payment Bond for the sole protection of claimants supplying labor (inclusive of all workmen's compensation, occupational disease and unemployment compensation premiums), or materials to the contractor or subcontractors in the prosecution of the work provided for in the contract. The bonds shall be written or countersigned by an authorized representative of a surety company or companies duly authorized to do business in the State of Arizona, as by law required and which are also acceptable to the Agency. The bonds shall have attached the power of attorney of the signing official. A required form of bonds may be provided by the Agency. Each bond shall include a provision allowing the prevailing party in a suit on such bond to receive, as part of the judgment, such reasonable attorney's fees as may be fixed by the court. 103-6 CONTRACTOR'S INSURANCE; INDEMNIFICATION The contractor shall carry all insurance required by the Standard Specifications together with any additional insurance which may be required by the Agency as specified in the Special Provisions. Concurrent with the execution of the contract, the contractor shall furnish the Agency with certificates of insurance for the types of insurance and minimum coverage limits specified in Subsection 107-18. Neither the contractor nor any subcontractor shall commence work under a contract until the Agency has accepted all required insurance coverage.

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The contractor shall indemnify, defend and hold harmless the Agency, its officers, employees, agents and representatives, from any suit, action, proceeding, demand, loss, damage, expense, cost or claim of any character or nature, including attorney's fees and costs of litigation, which may be brought, made or incurred on account of loss or damage to any property or for injuries to or death of any person, caused by, arising out of or contributed to by, in whole or in part, any alleged act, omission, professional error, fault, mistake or negligence of the contractor, its employees, agents or representatives, or subcontractors, their employees, agents or representatives, in connection with or incident to the performance of the work, or arising out of Workmen's Compensation claims, Unemployment Compensation claims or Unemployment Disability Compensation claims of employees of the contractor or its subcontractors or claims under similar such laws or obligations or arising out of the failure of the contractor or those acting under contractor to conform to any statute, ordinance, regulation or court decree. The contractor shall indemnify, defend and hold harmless any county or incorporated city or town within the limits of which the work is performed, and any jurisdiction or entity issuing permits for any work included in the project, and its officers, employees and agents, all in the same manner and to the same extent as provided in the above paragraph. The contractor's obligations to indemnify, defend and hold harmless under this Subsection shall not extend to any liability caused by the sole negligence of the Agency or its employees. 103-7 EXECUTION OF CONTRACT The contract shall be signed by the successful bidder and returned, together with satisfactory bonds and insurance certificates within the time period specified in the Invitation to Bid. The Agency shall execute the contract within the time period specified in the Invitation to Bid. No contract shall be considered as effective until it has been fully executed by all the parties thereto. 103-8 FAILURE TO EXECUTE CONTRACT Failure of the contractor to execute a contract, and file satisfactory contract bonds as provided herein, within the calendar day periods after the date of the notice of award letter as specified in Subsection 103-7, shall be just cause for the cancellation of the award and may be cause for the forfeiture of the bid bond, which shall become the property of the Agency, not as a penalty, but in liquidation of damages. Award may then be made to the next lowest responsible bidder, or the work may be re-advertised or abandoned, as the Agency may decide.

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SECTION 104 SCOPE OF WORK 104-1 INTENT OF CONTRACT The intent of the contract is to provide for the construction and completion, in every detail, of the work to the satisfaction of the Agency. 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. 104-2 ALTERATIONS OF CONTRACT 104-2.01 By the Agency. The Agency reserves the right to make, at any time during the progress of the work, alterations to the contract as a result of changes in the details of construction, increases or decreases in quantities of items of work, subsurface or latent physical conditions discovered during construction or due to unplanned work which was not originally contemplated. Such alterations shall not invalidate the contract nor release the surety, and the contractor shall perform the work as altered the same as if it had been a part of the original contract. The contract price shall be equitably adjusted, if warranted, to account for any alteration in accordance with the terms of this Subsection, and the contract time shall be equitably adjusted in accordance with the terms of Subsection 108-8. The scope of any alteration and the terms of the equitable adjustment, if any, affecting contract price or contract time, shall be agreed to by the Agency and the contractor and evidenced in a supplemental agreement executed by both parties. In order to avoid delay to the project, the Agency may issue to the contractor a written directive to proceed with the alteration before a final agreement on the equitable adjustment to the contract prices or time is reached. Payment for alterations or modifications to the contract shall be in accordance with Subsection 109-3. 104-2.02 Due to Physical Conditions. Should the contractor encounter or the Agency discover during the progress of the work subsurface or latent physical conditions at the site including archaeological or cultural features as noted in Subsection 107-6, differing materially from those indicated in the contract or unknown physical conditions at the site of an unusual nature (that is, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract), the contractor shall immediately notify the Engineer in writing of such conditions before they are disturbed. If such conditions are further disturbed after discovery and notification, and prior to an investigation by the Engineer, the contractor waives any claim for equitable adjustment due to the differing site conditions. The Engineer shall investigate such conditions as expeditiously as possible, in order that the work may continue to progress in an orderly and continuous manner.

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Any adjustment in compensation or contract time because of a change or changes resulting from one or more of the conditions described in the foregoing paragraph shall be made in accordance with the requirements of this Subsection 104-2. 104-2.03 Due to Work Not Conforming to the Requirements of the Contract. If, instead of requiring corrections or removal of work not conforming to the requirements of the contract, the work is determined to be acceptable in accordance with the requirements of Subsection 105-3 and Section 110, a change order shall be issued incorporating the necessary revisions in the contract, including an appropriate reduction in the contract price. Such a change order shall not require the signature or approval of the contractor. Such acceptance of defective work shall not constitute a waiver of any other work required under this contract. 104-2.04 Due to Failure to Prosecute Work. If the contractor fails to prosecute the work in accordance with the contract, including requirements of the progress schedule, the Agency may correct these deficiencies after three days of having given written notice to the contractor. The costs of these remedies shall be charged against the contractor. A change order may be issued to make the necessary changes in the contract and to make an appropriate reduction in the contract price. Such a change order shall not require the signature or approval of the contractor. This remedy shall not prejudice the Agency's use of any other remedy which the Agency may be entitled to use. 104-3 EXTRA WORK The contractor shall perform unplanned work for which there is no price included in the contract whenever the Engineer deems it necessary or desirable in order to complete the work as contemplated. The contractor shall furnish a written, detailed cost analysis for the extra work, itemizing labor, equipment, materials and anticipated production rates. The contractor shall be allowed a markup for overhead and profit for work performed in accordance with supplemental agreements resulting from alteration of the contract. Except as provided in Subsection 109-5(B) Force Account Work, the maximum allowable markup for the prime contractor shall be 15 percent for work performed by the prime contractor and 5 percent for work performed by subcontractors. In no event shall the cumulative amount paid for overhead, profit or other markups claimed for any work performed by the prime contractor or sub-contractors exceed 20 percent of the cost of the work. At the sole option of the Engineer, the equitable adjustment to the contract price may be determined in accordance with the provisions of Subsection 109-5(B). Any adjustment in contract time because of such change or changes shall be made in accordance with the requirements of Subsection 108-8. Such work shall be performed in accordance with the specifications and as directed by the Engineer. Extra work shall not involve work beyond the project limits except as may be considered necessary to complete the project satisfactorily.

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104-4 NOTIFICATION (A) As required by these specifications or any time the contractor believes that the action of the Agency, lack of action by the Agency, or for some other reason will result in or necessitate the revision of the contract, the Engineer must be notified immediately. If within three working days the identified issue has not been resolved between the Agency 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 104-2. If the issue cannot be quickly resolved the contractor will proceed to the next step in this subsection. (B) Within seven calendar days of the date of the initial written notice 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 Agency representative

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 idled 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; and (e) Estimate of the time within which the Agency must respond

to the notice to minimize cost, delay, or disruption of issue.

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(6) The contractors written certification, under oath, attesting to the following:

(a) The request is made in good faith. (b) Supportive data is accurate and complete to the

contractors best knowledge and belief. (c) The amount requested accurately reflects the

contractors actual cost incurred. (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 contractors 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 indicated the needed information and date it is to be received by the Engineer for further review. The Agency will respond to such additional information within 10 calendar days of receipt from the contractor.

104-5 MAINTENANCE OF TRAFFIC Work considered under this Subsection 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. The work herein listed shall be paid for as provided in Subsections 701-4.01 and 701-5.01. Unless otherwise provided, a road, while being improved, shall be kept open to all vehicular and pedestrian traffic by the contractor in accordance with the provisions of Subsection 701-3.01. Traffic shall be kept on a paved surface unless otherwise approved by the Engineer. When so requested by the contractor and approved by the Engineer, the contractor may bypass traffic over an approved paved detour route conforming to the requirements of Subsection 701-3.04. Regardless of whether it is through or local traffic, the contractor shall keep the portion of the project being used by traffic in such condition that traffic shall be adequately accommodated. The contractor shall assume maintenance responsibility through the project at the time its operations begin using the roadway or interrupt normal traffic

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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, garages and farms so as to accommodate both vehicular and pedestrian traffic. Before any detour is opened to traffic, the Engineer shall have been satisfied that traffic is able to proceed in a safe manner. The contractor shall bear all expense of maintaining traffic over a road being improved as well as constructing, maintaining and subsequently removing contractor requested detours, approaches, crossings, intersections, and other features as may be necessary, without direct compensation except as provided below. (A) Maintenance of Traffic During Suspension of Work. Prior to or during any extended suspension of the construction work, 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 necessary 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 lane of travel agreed upon as well as all signs shall be by, and at the expense of, the Agency. 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 Agency, and shall complete the work in every respect as though its prosecution has been continuous and without interference. Such work and any additional work caused by such suspension, for reasons beyond control of the contractor, shall be paid for under the respective pay items or in accordance with the requirements of Subsection 109-5. (B) Maintenance Directed by the Engineer. If the Engineer orders maintenance beyond that required by the contract for the benefit of the traveling public, the contractor shall be paid for such maintenance under the respective pay items or in accordance with the requirements of Subsection 104-2. The Engineer shall be the sole judge of work to be classed as maintenance beyond that required by the contract. Work considered under this Subsection 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 shall only pertain to that accomplished on portions of the roadway being used by the traveling public prior to commencement of construction improvements or after acceptance of a completed portion of the work.

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104-6 MAINTENANCE OF THE PROJECT SITE Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the contractor shall keep the work area clean and free from rubbish, excess materials and debris generated by construction activities. All existing improvements (including, but not limited to, paved parking areas decomposed granite and plastic sheeting, irrigation systems, sidewalks, curb, grass areas as indicated on the plans, and property corners) disturbed or damaged by the contractor shall be repaired and/or replaced by the contractor. The cost of such repair and/or replacement shall be incidental to the project. It is the responsibility of the contractor to become thoroughly familiar with all visible features of the site before preparing its proposal. The contractor shall employ all appropriate methods and procedures required to prevent any dust nuisance resulting from the project. Dust control measures shall be maintained at all times. Dust control measures shall include, but not be limited to the following: (1) The contractor shall apply water to all traffic areas and

loose soil areas when necessary to minimize visual emissions. (2) All work/haul roads, including routes used by work site

commuter traffic, must be maintained to prevent or minimize visible emissions. Vehicle speed shall be limited to 15 mph within the construction area.

(3) The contractor responsible for acquiring the Air Quality

Activity Permit shall assure that appropriate measures are taken to prevent or minimize visible emissions during non-working hours. These measures may include:

Keeping stockpiles low, wet and/or covered; Wetting and controlling traffic on grade areas; Using fencing and/or barricades; Scheduling extra watering. (4) The contractor shall cease all dust producing activities

when steady wind speeds exceed 25 miles per hour as confirmed by the National Weather Service. The contractor shall increase the frequency of watering to prevent or minimize wind blown dust during gusting wind conditions or when wind speeds are below 25 miles per hour.

(5) The contractor shall maintain a daily Dust Control Plan

Check List as provided by Pima County Department of Environmental Quality, to track emission control methods.

(6) The contractor shall use sprinklers and or hoses in

locations not accessible to water trucks.

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(7) The contractor shall use hoses to wet the face of stockpiles during loading operations to prevent or minimize visible emissions. When not being used, stockpiles shall be wetted sufficiently to form a crust sufficient to prevent or minimize visible emissions.

(8) The contractor shall be required to use an adequate

quantity of water at each dust producing project activity to prevent or minimize visible emissions.

(9) Track-out of dust producing materials by vehicles leaving

the site shall be controlled by the contractor. The method(s) used by the contractor to prevent track-out shall be documented on the Dust Control Plan Check List.

Gravel pads or paving at access points or washing of wheels are

recommended. Other methods may be approved by the engineer. Gravel pads should be constructed with course aggregate 1 inch

(25 millimeters) to 3 inches (75 millimeters) in diameter and should be laid 6 inches (150 millimeters) thick. The minimum dimension of the stabilized access area shall be 50 feet (15.2 meters) by 30 feet (9.1 meters).

Presoaking may be used in lieu of some of the above requirements if approved by the Engineer. 104-7 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK The contractor, with the approval of the Engineer, may use on the project such excess stone, gravel, sand or other material determined suitable by the Engineer as may be found in the required excavation. Unless otherwise specified, all other items specified to be removed shall become the property of the contractor and shall be removed from the site. The contractor shall 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, at no additional cost to the Agency and with material acceptable to the Engineer, all of that portion of the excavation material so removed and used which was needed for use in the embankments, backfills, approaches etc. No charge for the materials so used shall be made against the contractor. The contractor shall not excavate or remove any material from within the project limits which is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the Engineer. Unless otherwise provided, 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.

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104-8 FINAL CLEAN UP Before final acceptance, the project, any 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. 104-9 VALUE ENGINEERING PROPOSALS The contractor may submit to the Engineer proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the total cost of construction without impairing, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operations, ease of maintenance, desired appearance or design and safety standards. After execution of the contract, a proposal may be recommended by the contractor. The proposal must be identified 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 Agency will be shared equally between the contractor and the Agency as specified in Subsection 104-9(D).

Bid prices are not to be based on the anticipated approval of a VEP. If a VEP is rejected, the work 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 Agency. The Agency will bear no liability 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: (1) The contractor shall initially submit a brief letter

proposal with graphics to the Agency to illustrate the VEP concept. The contractor shall provide an estimate of the time required to prepare a formal submittal as well as the time to be provided for review by the Agency. The contractor shall also indicate whether adequate time is available in its schedule for the formal submittal and Agency review of the VEP prior to its implementation.

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(2) The Agency will review the concept and within 10 days of the contractors initial submittal inform the contractor, in writing, whether the concept has merit and should be submitted as a formal VEP.

(3) If the Agency determines that the time indicated in the

contractors letter proposal is insufficient for its review or to otherwise meet the schedule, the Agency may choose to evaluate the need for a noncompensable time extension to the contract. Its evaluation will be based on the time required to prepare the VEP submittal and any additional time needed by the Agency for its review and the effect on the contractors schedule occasioned by the added time. The need for such a time extension will be evaluated in accordance with Subsection 108-8.

(B) Formal Submittal of the VEP: Within 30 days after the Agency has determined the VEP concept has merit, the contractor shall formally submit a proposal. The proposal shall include sufficient data for the Agency 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, 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.

(4) A comp