Arizona Revised Statutes Title 28. Transportation § 28-7363. Design-build method of project delivery

A. Notwithstanding any other law, the department may use the design-build method of project delivery on a project if the department makes a determination in writing that it is appropriate and in the best interests of the department to use the design-build method of project delivery for that project, except that:

B. The estimated cost of the project shall not include the cost to procure any right-of-way or other cost of condemnation.  The cost to procure any right-of-way or other cost of condemnation remains at all times the responsibility of the department.  The department shall obtain all necessary rights-of-way.

C. The department is responsible for preparation and acquisition of all environmental documents, including the scope of any remediation and required clearances.

D. If construction of a design-build project involves railroad facilities, the railroad shall approve the use of the design-build delivery method before the department awards the design-build contract.

E. To ensure fair, uniform, clear and effective procedures that will deliver a quality project on time and within budget, the director, in conjunction with the appropriate and affected professionals and contractors, may adopt procedures for procuring a project using the design-build method of project delivery.

F. The provisions of §§ 28-6923 and 28-6924 relating to bid, performance and payment bonds and to change orders, progress payments, contract retentions, definitions and authority to award contracts apply to department design-build projects for transportation facilities pursuant to this article.