2024C007-240008-JOC CONTRACT FPS-STORM DRAIN.PDF
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JOB ORDER CONTRACT
BETWEEN
FLOOD CONTROL DISTRICT of MARICOPA COUNTY
AND
FPS CIVIL, LLC
FOR
STORM DRAIN REPAIR AND REPLACEMENT
FCD CONTRACT NO. 2024C007
Serial # 240008
AGENDA NO. C-69-24-
Contract No. 2024C007
Page 2 of 22
FLOOD CONTROL DISTRICT of MARICOPA COUNTY
CONTRACT NO. 2024C007
TABLE OF CONTENTS
ARTICLE I - STORM DRAIN REPAIR AND REPLACEMENT ..................3
ARTICLE II - CONTRACT DOCUMENTS ...............................................3
ARTICLE III - TIME OF COMPLETION .................................................3
ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE ........4
ARTICLE V - PAYMENTS .......................................................................4
ARTICLE VI -TERMINATION ................................................................4
ARTICLE VII - NEGOTIATION CLAUSE ................................................5
ARTICLE VIII - COMPLIANCE WITH LAWS .........................................5
ARTICLE IX – INFLUENCE ....................................................................6
ARTICLE X - DEBARMENT AND SUSPENSION……………………………….…..6
ARTICLE XI - SBE PROGRAM ...............................................................7
ARTICLE XII - ANTI-DISCRIMINATION PROVISION: ..................... 7
ARTICLE XIII – INDEMNIFICATION……………………………………….7
ARTICLE XIV - INSURANCE REQUIREMENTS…………………………….7
SIGNATURE PAGE ............................................................................ 10
STATUTORY PAYMENT BOND .......................................................... 11
STATUTORY PERFORMANCE BOND ................................................. 12
CERTIFICATE OF INSURANCE ......................................................... 13
NO COLLUSION AFFIDAVIT ............................................................. 14
VERIFICATION OF LICENSE ............................................................ 15
AFFIDAVIT OF COMPLIANCE ........................................................... 16
SBE PARTICIPATION REPORTING FORM ........................................ 17
CERTIFICATE OF PERFORMANCE AND PAYMENT OF ALL CLAIMS .. 18
ON CALL CONSTRUCTION PAYMENT REQUEST ............................... 19
EXHIBIT A – STORM DRAIN REPAIR AND REPLACEMENT
EXHIBIT B – FEE SCHEDULE
Contract No. 2024C007
Page 3 of 22
CONTRACT NO. 2024C007
Job Order Contract for Storm Drain Repair and Replacement
The Flood Control District of Maricopa County, hereinafter called the DISTRICT, is
desirous of having Job Order Contract for STORM DRAIN REPAIR AND REPLACEMENT
performed when requested by the District through a specific Work Assignment for those
services more fully described in Exhibit A, General Storm Drain Repair and Replacement,
and Exhibit B, Unit Price List; and FPS Civil, LLC hereinafter called “CONTRACTOR”,
with its principal offices located at 22849 N. 19th Avenue Suite 120, Phoenix AZ
85027 & (602-708-7377) is desirous of performing said services;
THIS AGREEMENT, made and entered into this __________ day of ________________,
20 ___, by and between the District acting by and through its BOARD OF DIRECTORS,
and CONTRACTOR.
WITNESSETH: The contract term will be for a period of five (5) consecutive year(s).
The overall construction cost shall not exceed five million dollars ($5,000,000.00)
per contract year, maximum $2,000,000 limit per individual project task order
and no splitting work assignments. Furthermore, the total possible not-to-exceed
fee earned for the entire contract duration is twenty-five Million Dollars and no cents
(25,000,000.00). Complete and satisfactory performance of work under this contract in
accordance with the Storm Drain Repair and Replacement and the detailed Scope(s) of
Work in the manner and at the times hereinafter provided, and of the other covenants
and agreements herein contained, hereby agrees for himself, heirs, executors,
administrators, successors, and assigns as follows:
ARTICLE I - STORM DRAIN REPAIR AND REPLACEMENT: The
CONTRACTOR, under the general supervision of the District Director, shall perform
Storm Drain Repair and Replacement as are necessary for the Work Assignment and
according to the directions and designated standards of the COUNTY, and in accordance
with Exhibit A, General Storm Drain Repair and Replacement. It is understood and agreed
that the COUNTY’s authorized representative shall be the District Director or his/her duly
authorized representative, hereinafter called the “Agent”. For purposes of this contract,
the Agent’s duly authorized representative shall be the Project Manager and he/she shall
be the sole contact for administering this contract.
CONTRACTOR shall provide services, and complete in a workmanlike and substantial
manner and to the satisfaction of the District Director, project Storm Drain Repair and
Replacement assignments for the District and furnish at its own cost and expense all
necessary machinery, equipment, tools, apparatus, and labor to complete the work in the
most substantial and workmanlike manner according to the Specifications and Work
Assignment on file with the District, and such modifications of the same and other
directions that may be made by the District as provided herein. The CONTRACTOR shall
meet periodically with the District Agent so as to keep the District informed of the
progress of the work in accordance with each work assignment.
ARTICLE II - CONTRACT DOCUMENTS: The Contract Documents (Plans,
Specifications, Addenda, if any, Affidavits, Performance Bond, Payment Bond, Certificates
of Insurance, and Change Orders, if any) are by this reference made a part of this
Contract and shall have the same effect as though all of the same were fully inserted
herein.
ARTICLE III - TIME OF COMPLETION: CONTRACTOR further covenants and
agrees at its own proper cost and expense, to complete all work for the construction of
assigned Storm Drain Repair and Replacement and to completely construct the same and
provide the services therein, as called for by this agreement free and clear of all claims,
Contract No. 2024C007
Page 4 of 22
liens, and charges whatsoever, in the manner and under the conditions specified within
the time, or times, stated in the Work Assignment.
ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE: Within
the guidelines set forth in Exhibit A, General Storm Drain Repair and Replacement, a
detailed Storm Drain Repair and Replacement will be developed for each Work
Assignment and incorporated herein by reference, and if applicable, a Small Business
Enterprise goal will be established. A not-to-exceed fee will be negotiated for each
Work Assignment consistent with Exhibit B, Unit Price List.
The CONTRACTOR shall complete all work in accordance with the provisions of Exhibit
A, General Storm Drain Repair and Replacement and the detailed Storm Drain Repair
and Replacement as negotiated for each specific Work Assignment. Performance for a
Work Assignment shall commence only upon receipt of the Agent’s written notice to
proceed. Work Assignments may be issued at any time during the term of this Contract.
This Contract will remain in full force and effect during the performance of any Work
Assignment.
This contract shall be effective for a period of five (5) years from the Board award date
with no annual renewals.
ARTICLE V – PAYMENTS: For and in consideration of the satisfactory
performance of the work herein embraced as set forth in the Contract Documents,
which are a part hereof, and in accordance with the directions of the DISTRICT,
through its Engineer and to its satisfaction, the DISTRICT agrees to pay the said
CONTRACTOR the amount earned, computed from actual quantities of work
performed and accepted, or materials furnished at the price listed on the Work
Assignment Proposal made a part hereof, and to make such payment in accordance
with the requirements of A.R.S. Sec. 34-607, as amended. CONTRACTOR agrees to
discharge its obligations and make payments to its subcontractors and suppliers in
accordance with A.R.S. Sec. 34-607.
The DISTRICT does not guarantee any minimum or maximum fee during the period
of this contract, and Contractor, in accepting this contract, does not anticipate any
minimum or maximum fee. Market escalations in material costs may be reviewed by
DISTRICT upon written request from Contractor at annual anniversary date of contract.
The DISTRICT shall pay the CONTRACTOR in full for each Work Assignment upon
satisfactory completion and acceptance by the DISTRICT, provided the Contractor
returns the executed Certificate of Performance furnished by the Agent. Should an
assignment require more than thirty (30) days to complete, the Contractor may invoice
progress payments based on DISTRICT approved monthly progress reports and
subject to the limitations set forth in the Storm Drain Repair and Replacement
negotiated for each Work Assignment.
Upon completion of each Work Assignment under this contract, the CONTRACTOR will
furnish to the DISTRICT an executed Certificate of Performance. The Certificate of
Performance must be notarized.
Contract No. 2024C007
Page 5 of 22
ARTICLE VI - TERMINATION: The COUNTY hereby gives notice that pursuant
to A.R.S. Sec. 38-511 A, this contract may be canceled without penalty or further
obligation within three years after execution if any person significantly involved in
initiation, negotiation, securing, drafting or creating the contract on behalf of the
DISTRICT is, at any time while the contract or any extension of the contract is in effect,
an employee or agent of any other party to the contract in any capacity or a Contractor to
any other party of the contract with respect to the subject matter of the contract.
Cancellation under this section shall be effective when written notice from the
Transportation Director of the DISTRICT is received by all of the parties to the contract.
In addition, the DISTRICT may recoup any fee or commission paid or due to any person
significantly involved in initiation, negotiation, securing, drafting or creating the contract
on behalf of the DISTRICT from any other party to the contract arising as a result of the
contract.
ARTICLE VII - NEGOTIATION CLAUSE: Recovery of damages related to
expenses incurred by CONTRACTOR for a delay for which the DISTRICT is responsible,
which is unreasonable under the circumstances and which was not within the
contemplation of the parties to the contract, shall be negotiated between CONTRACTOR
and the DISTRICT. This provision shall be construed so as to give full effect to any
provision in the contract, which requires notice of delays, provides for arbitration or other
procedure for settlement or provides for liquidated damages.
ARTICLE VIII - COMPLIANCE WITH LAWS: CONTRACTOR is required to
comply with all Federal, State and local ordinances and regulations. CONTRACTOR'S
signature on this contract certifies compliance with the provisions of the I-9 requirements
of the Immigration Reform Control Act of 1986 for all personnel that CONTRACTOR and
any subcontractors employ to complete this project. It is understood that the DISTRICT
shall conduct itself in accordance with the provisions of the Maricopa County Procurement
Code.
The CONTRACTOR warrants that it is in compliance with A.R.S. §41-4401 and further
acknowledges:
(1)
That the CONTRACTOR and its sub-contractors, if any, warrant their
compliance with all federal immigration laws and regulations that relate to their
employees and their compliance with A.R.S. §23-214, subsection A;
(2)
That a breach of a warranty under subsection 1 above, shall be deemed a
material breach of the contract that is subject to penalties up to and including
termination of the contracts;
(3)
That the contracting government entity retains the legal right to inspect the
papers of any CONTRACTOR or sub-contractor employee who works on the
contract to ensure that the CONTRACTOR or sub-contractor is complying with
the warranty provided under subsection 1 above and that the CONTRACTOR
Contract No. 2024C007
Page 6 of 22
agrees to make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an inspection.
(4)
That nothing herein shall make any CONTRACTOR or sub-contractor an
agent or employee of the contracting government entity.
ARTICLE IX – INFLUENCE: - As prescribed in Article 12, of the Maricopa County
Procurement Code, any effort to influence an employee or agent to breach the Maricopa
County Ethical Code of Conduct or any unethical conduct, may be grounds for Disbarment
or Suspension under Article 9 of the Maricopa County Procurement Code.
An attempt to influence includes, but is not limited to:
A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy, that is offered or given with the intent to influence a decision, obtain a contract,
garner favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by
the Maricopa County Procurement Code, any remedy in equity or in the law, or any
remedy provided by this contract.
ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY COUNTY
PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT SERVICES, IS ALLOWED
DURING THE SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN REGARDS
TO PRE-EXISTING BUSINESS WITH THE COUNTY. ANY COMMUNICATIONS REGARDING
THE SOLICITATION, ITS PARTICIPANTS OR ANY DOCUMENTATION PRIOR TO THE
CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM
THE EVALUATION PROCESS.
ARTICLE X-CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the contractor/bidder) certifies to the best
of his or her knowledge and belief, that the contractor/bidder, and its principals:
1)
Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal Department or
agency;
2)
Have not within 3-year period preceding this solicitation/contract been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
Contract No. 2024C007
Page 7 of 22
3)
Are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the offenses
enumerated in this paragraph of this certification; and
4)
Have not within a 3-year period preceding this solicitation and/or agreement had
one or more public transactions (Federal, State or local) terminated for cause of default.
Should the contractor/bidder not be able to provide this certification, a comprehensive
explanation as to why should be attached to its bid.
The contractor/bidder agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower
tier covered transactions related to this contract.
ARTICLE XI - SBE PROGRAM: It is Maricopa County’s policy to endeavor to
ensure in every way possible that small business participation firms shall have the
opportunity to provide professional services, materials, and contractual services to the
County in a nondiscriminatory manner.
ARTICLE XII - ANTI-DISCRIMINATION PROVISION: CONTRACTOR agrees
not to discriminate against any employee or applicant for employment because of race,
age, color, religion, sex, disability, or national origin, and further agrees not to engage in
any unlawful employment practices. CONTRACTOR further agrees to insert the
foregoing provision in all subcontracts hereunder.
FORCED LABOR
By submitting a bid for this solicitation and/or entering into a contract as a result of this
solicitation, contractor agrees to comply with all applicable portions of Arizona Revised
Statutes Section 35-394. Contracting; procurement; prohibition; written certification;
remedy; termination; exception; definitions. Contractor certifies that it does not currently,
and agrees for the duration of the contract, that it will not use:
The forced labor of ethnic Uyghurs in the People’s Republic of China.
Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China.
Any contractors, subcontractors or suppliers that use the forced labor or any good or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
If contractor becomes aware during the term of the agreement that contractor is not in
compliance with this paragraph, the contractor shall notify the County within five business
days after becoming aware of the noncompliance. If the contractor fails to provide a
written certification to the County that the contractor has remedied the noncompliance
within 180 days after notifying the County of its noncompliance, then the agreement
terminates, except that if the agreement termination date occurs before the end the 180
day period, the agreement terminates on the agreement termination date.
Contract No. 2024C007
Page 8 of 22
ARTICLE XIII - INDEMNIFICATION: To the fullest extent permitted by
law, CONTRACTOR shall defend, indemnify, and hold harmless DISTRICT,
MARICOPA COUNTY and its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses and expenses, including, but
not limited to, attorney fees, court costs, expert witness fees, and the cost of appellate
proceedings, relating to, arising out of, or alleged to have resulted from the negligent
acts, errors, omissions or mistakes relating to the performance of this Contract.
CONTRACTOR’S duty to defend, indemnify and hold harmless DISTRICT, MARICOPA
COUNTY and its agents, representatives, officers, directors, officials, and employees
shall arise in connection with any claim, damage, loss or expense that is attributable to
bodily injury, sickness, disease, death, or injury to, impairment, or destruction of
property, including loss of use resulting there from, caused by any negligent acts,
errors, omissions or mistakes in the performance of this Contract including any person
for whose acts, errors, omissions or mistakes CONTRACTOR may be legally liable.
The amount and type of insurance coverage requirements set forth herein will in no
way be construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of COUNTY.
ARTICLE
XIV
- INSURANCE
REQUIREMENTS:
CONTRACTOR,
at
CONTRACTOR'S own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona
licensing, the stipulated insurance may be purchased from a company or companies,
which are authorized to do business in the State of Arizona, provided that said
insurance companies meet the approval of DISTRICT. The form of any insurance
policies and forms must be acceptable to DISTRICT.
All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of
DISTRICT, constitute a material breach of this Contract.
CONTRACTOR’S insurance shall be primary insurance as respects DISTRICT and any
insurance or self-insurance maintained by DISTRICT shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the DISTRICTS right to
coverage afforded under the insurance policies.
The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to DISTRICT under such policies. CONTRACTOR
shall be solely responsible for the deductible and/or self-insured retention and
DISTRICT, at its option, may require CONTRACTOR to secure payment of such
Contract No. 2024C007
Page 9 of 22
deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
The DISTRICT reserves the right to request and to receive, within 10 working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. The DISTRICT shall not be obligated, however, to review such policies
and/or endorsements or to advise CONTRACTOR of any deficiencies in such policies
and endorsements, and such receipt shall not relieve CONTRACTOR from, or be
deemed a waiver of DISTRICT’S right to insist on strict fulfillment of CONTRACTOR’S
obligations under this Contract.
The insurance policies required by this Contract, except Workers’ Compensation, and
Errors and Omissions, shall name The DISTRICT, its agents, representatives, officers,
directors, officials and employees as Additional Insureds.
The policies required hereunder, except Workers’ Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
DISTRICT, its agents, representatives, officers, directors, officials and employees for
any claims arising out of CONTRACTOR’S work or service.
CONTRACTOR is required to procure and maintain the following coverages indicated
by a checkmark:
Commercial General Liability
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage,
personal injury, products and completed operations and blanket contractual coverage,
and shall not contain any provision which would serve to limit third party action over
claims. There shall be no endorsement or modification of the CGL limiting the scope of
coverage for liability arising from explosion, collapse, or underground property damage.
Automobile Liability
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the
CONTRACTOR’S owned, hired, and non-owned vehicles assigned to or used in
performance of the CONTRACTOR’S work or services under this Contract.
Workers’ Compensation
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of CONTRACTOR’S employees engaged in the performance
of the work or services under this Contract; and Employer’s Liability insurance of not
less than $1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
Contract No. 2024C007
Page 10 of 22
CONTRACTOR waives all rights against DISTRICT and its agents, officers, directors
and employees for recovery of damages to the extent these damages are covered by
the Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by CONTRACTOR pursuant to this agreement.
CERTIFICATES OF INSURANCE
Prior to commencing work or services under this Contract, CONTRACTOR shall furnish
DISTRICT with Certificates of Insurance in a form acceptable to DISTRICT, or formal
endorsements as required by the Contract in the form provided by the County, issued
by CONTRACTOR’S insurer(s), as evidence that policies providing the required
coverages, conditions and limits required by this Contract are in full force and effect.
Such certificates shall identify this contract number and title.
In the event any insurance policy (ies) required by this contract is (are) written on a
“claims made” basis, coverage shall extend for two years past completion and
acceptance of CONTRACTOR’S work or services and as evidenced by annual
Certificates of Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent
to DISTRICT fifteen (15) days prior to the expiration date.
CANCELLATION AND EXPIRATION NOTICE
Insurance required herein shall not expire, be canceled, or materially changed without
thirty (30) days prior written notice to DISTRICT.
(END OF SECTION)
Contract No. 2024C007
Page 11 of 22
IN WITNESS WHEREOF: Five (5) identical counterparts of this Contract, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
parties hereinabove named, on the date and year first above written.
FPS Civil, LLC
By:
Warren France
Printed Name
Signature
Title: President
Date: April 2, 2024
82-5263272
Tax Identification Number
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED BY:
ACCEPTED AND APPROVED:
Chief Engineer and General Manager Date
Chairman, Board of Directors Date
ATTEST:
Clerk of the Board
Date
LEGAL REVIEW
Approved as to form and within the powers
and authority granted under the laws of the
State of Arizona to the Flood Control
DISTRICT of Maricopa County.
FLOOD CONTROL DISTRICT GENERAL COUNCIL
Date
DocuSign Envelope ID: B655F609-82E9-4C59-BC30-4365B11D2F05
4/2/2024
4/2/2024
Contract No. 2024C007
Page 12 of 22
STATUTORY PAYMENT BOND
PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISED
STATUTES (Penalty of this bond must be 100% of the Work Assignment
amount)
KNOW ALL MEN BY THESE PRESENTS:
That,
(hereinafter called
the Principal), As Principal, and
a
corporation organized and existing under the laws of the State of
,
with its principal office in the City of
(hereinafter called
the Surety), as Surety, are held and firmly bound unto Maricopa County (hereinafter called
the Obligee), in the amount of ($_________________________) themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the Principal has entered into a certain written contract with the
Obligee, dated the
day of
, 20
, for 2024C007, Job Order
Contract for, Work Assignment No. _____, which contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal promptly pays all monies due to all persons supplying labor or materials to
the Principal or the Principal's subcontractors in the prosecution of the work provided
for in the contract, this obligation is void. Otherwise it remains in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Title 34, Chapter 6, Article 1, of the Arizona Revised Statutes, and all liabilities on this
bond shall be determined in accordance with the provisions, conditions and limitations
of Title 34, Chapter 6, Article 1, Arizona Revised Statutes, to the same extent as if it
was copied at length in this Agreement.
The prevailing party in a suit on this bond shall recover as a part of the judgment
reasonable attorney's fees that may be fixed by the court or a judge thereof.
Witness our hands this
day of
, 20
.
PRINCIPAL
SEAL
BY:
AGENT OF RECORD, STATE OF AZ
AGENT ADDRESS
SURETY
SEAL
BOND NUMBER:
BY:
Contract No. 2024C007
Page 13 of 22
STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISED
STATUTES (Penalty of this bond must be 100% of the Work Assignment
amount)
KNOW ALL MEN BY THESE PRESENTS:
That,
(hereinafter called
the Principal), as Principal, and
a
corporation
organized and existing under the laws of the State of
, with its principal
office in the City of
(hereinafter
called the Surety), as Surety, are held and firmly bound unto Maricopa County,
(hereinafter called the Obligee) in the amount of ($_________________________)
for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has entered into a certain written contract with the
Obligee, dated the
day of
, 20
, for 2024C007, Job Order
Contract for , Work Assignment No. _____, which contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall faithfully perform and fulfill all the undertakings, covenants,
terms, conditions and agreements of said contract during the original term of said
contract and any extension thereof, with or without notice to the Surety, and during the
life of any guaranty required under the contract, and shall also perform and fulfill all the
undertakings, covenants, terms, conditions, and agreements of any and all duly
authorized modifications of said contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; then the above obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Title 34, Chapter 6, Article 1, of the Arizona Revised Statutes, and all liabilities on this
bond shall be determined in accordance with the provisions of said Title, Chapter, and
Article, to the extent as if it was copied at length herein.
The prevailing party in a suit on this bond shall be entitled to such reasonable
attorney's fees as may be fixed by a judge of the court.
Witness our hands this
day of
, 20
.
___________________________________
PRINCIPAL
SEAL
______________________________
AGENT OF RECORD, STATE OF AZ
By: _________________________________
______________________________
AGENT ADDRESS
___________________________________
SURETY
SEAL
BOND NUMBER: _________________
BY: _________________________________
Contract No. 2024C007
Page 14 of 22
Flood Control District of Maricopa County
CERTIFICATE OF INSURANCE
CONTRACT NO 2024C007
PROJECT TITLE: Job Order Contract for Storm Drain Repair and Replacement
NAME AND ADDRESS OF INSURANCE AGENCY:
*COMPANIES AFFORDING COVERAGES:
Company
Letter
A
Company
Letter
B
Company
Letter
C
NAME AND ADDRESS OF INSURED:
Company
Letter
D
Company
Letter
E
Company
Letter
F
This certificate of insurance certifies that policies of insurance listed below have been issued to the insured named above and are in full force at this
time.
*CO.
LTR.
TYPE OF INSURANCE
POLICY
NUMBER
EFFECTIVE
DATE
(MM/DD/Y
Y)
EXPIRATION
DATE
(MM/DD/YY)
LIMITS
GENERAL LIABILITY:
COMMERCIAL GENERAL LIABILITY
: Claims Made : Occur
: PREMISES OPERATIONS
: BLANKET CONTRACTURAL
: BROAD FORM PROPERTY
DAMAGE
: PERSONAL INJURY
: PRODUCTS AND COMPLETED
OPERATIONS HAZARD
: XCU HAZARDS
: INDEPENDENT CONTRACTORS
: OWNER’S AND CONTRACTOR’S
PROTECTIVE LIABILITY
GENERAL AGGREGATE
PRODUCTS/COMPLETED
OPERATIONS AGGREGATE
EACH OCCURRENCE
$4,000,000
$2,000,000
$2,000,000
AUTOMOBILE LIABILITY:
: ANY AUTO
: ALL OWNED AND NON-OWNED
AUTOS
Combined Single Limit
Bodily Injury
Property Damage
Per person/Per accident
$2,000,000
$2,000,000
$2,000,000
$2,000,000
: EXCESS LIABILITY
: Umbrella Form
: Other than Umbrella Form
Each occurrence
Aggregate
$
$
: WORKERS’ COMPENSATION
AND EMPLOYERS’ LIABILITY
STATUTORY LIMITS AND
EMPLOYER’S LIABILITY:
EACH ACCIDENT
DISEASE: EACH EMPLOYEE
DISEASE: POLICY LIMIT
$1,000,000
$1,000,000
$1,000,000
: PROFESSIONAL LIABILITY
: OTHER:
Except for Workers’ Compensation and Professional Liability Insurance, the Maricopa County, and
their agents, representatives, officers, Directors, Officials, and employees are named as Additional
Insured’s.
Except for Workers’ Compensation and Professional Liability Insurance, Flood Control District of Maricopa County (District), Maricopa County and their agents,
representatives, officers, Directors, Officials, and employees are named as Additional Insured’s on those types of policies described herein which are required to
be furnished by this contract entered into between the insured and the District. To the extent provided in Contract, insured shall hold harmless the District from
liability arising out of any services provided or duty performed by insured as required by statute, law, purchase order or otherwise required, with the exception
of liability for loss or damage resulting from the sole negligence of the District, its agents, employees, or indemnities. It is agreed that any insurance available to
the named insured shall be primary of other sources that may be available. It is further agreed that no policy shall expire, be cancelled, or materially changed to
affect the coverage available to the District without thirty (30) days written notice to the District. THIS CERTIFICATE IS NOT VALID UNLESS
COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
2801 WEST DURANGO STREET
PHOENIX, ARIZONA 85009
DATE ISSUED:
AUTHORIZED REPRESENTATIVE
Contract No. 2024C007
Page 15 of 22
NO COLLUSION AFFIDAVIT
BY CONTRACTOR
CERTIFYING THAT THERE WAS NO COLLUSION
IN SUBMITTING FOR CONTRACT
STATE OF ARIZONA
)
)§
COUNTY OF MARICOPA
)
being first duly sworn, deposes and says:
That he is
of
(Title)
(Name of Business)
submitting on Contract No. 2024C007 for the construction of Job Order Contract for
Storm Drain Repair and Replacement in the County of Maricopa, State of Arizona.
That, in connection with the above-mentioned project, neither he, nor anyone associated
with the aforesaid business, has, directly or indirectly, participated in any collusion,
entered into any contract, combination, conspiracy or other act in restraint of trade or
commerce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended.
(Signature of Affiant)
Subscribed and sworn to before me this
day of
, 20
.
My Commission Expires:
(Notary Public)
Contract No. 2024C007
Page 16 of 22
VERIFICATION OF LICENSE
Pursuant to A.R.S. § 32-1169, I hereby state that I hold a current contractor's license, duly
issued by the office of the Registrar of Contractors for the State of Arizona, said license
has not been revoked, that the license number, classification, and expiration date is:
;
that my privilege license number (as required by A.R.S. § 42-1305) is:
; and
that, if any exemption to the above licensing requirements is claimed;
(1) The basis for the claimed exemption is:
and;
(2) The names(s) and license number(s) of any general, mechanical, electrical, or
plumbing contractor(s) to be employed on the work are:
IT IS UNDERSTOOD THAT THE FILING OF AN APPLICATION CONTAINING FALSE OR
INCORRECT INFORMATION CONCERNING AN APPLICANT'S CONTRACTOR'S LICENSE OR
PRIVILEGE LICENSE WITH THE INTENT TO VOID SUCH LICENSING REQUIREMENTS IS
UNSWORN FALSIFICATION PUNISHABLE ACCORDING TO A.R.S. § 13-2704.
DATE
SIGNATURE OF LICENSEE
COMPANY
Contract No. 2024C007
Page 17 of 22
AFFIDAVIT OF COMPLIANCE
AFFIDAVIT BY CONTRACTOR CERTIFYING COMPLIANCE WITH HOUSE BILL 2745, CHAPTER
152 REQUIRING USE OF E-VERIFY
STATE OF
)
)§
County of
)
being first duly sworn, deposes and says:
That he/she is
of
bidding on Contract No. 2024C007, JOC – Storm Drain Repair and Replacement, in
the County of Maricopa, State of Arizona.
That, in connection with the above-referenced project, the contractor warrants that it is in
compliance with A.R.S. §41-4401 and further acknowledges that the contractor and its sub-
contractors, if any, warrant their compliance with all federal immigration laws and regulations
that relate to their employees and their compliance with A.R.S. §23-214, subsection A;
(Signature of Affiant)
Subscribed and sworn to before me this
day of_____
, 20
.
(Notary Public)
My Commission Expires
Contract No. 2024C007
Page 18 of 22
MARICOPA COUNTY SBE PARTICIPATION REPORTING FORM
This form is to be submitted with each pay application or invoice. Any pay application
or invoice without this form attached is subject to rejection as not being a completed
pay application or invoice pursuant to the terms of the contract.
_____________________________
2024C007/240008
Name of Prime Consultant/Contractor
Contract No.
________________________
_______________________________
Contact Person
Project No.
_________
_
$
Street Address
Amount of this Pay Application/Invoice
_____________________________
City, State, ZIP
Complete
below
with
information
on
the
SBE
firms
utilized
as
subconsultants/subcontractors for this pay application/invoice. If work was self-
performed and your firm, as the prime, is an SBE firm pursuant to A.R.S. § 41-1001, et
seq., then you may list your firm as the SBE firm.
SBE Firm Name
SBE Firm Address
Type of Work
Performed
$ Pd to SBE this
App/Inv
$
$
$
$
$
$
$
$
$
$
□ A mark in this box certifies that no SBE firms were utilized as the prime,
subconsultant or subcontractor with respect to this pay application/invoice.
Date: ___________________
________________________________________
Signature
___________________________________________
Printed Name & Telephone Number
Contract No. 2024C007
Page 19 of 22
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Certificate of Performance and Payment of ALL Claims
PROJECT NAME: JOC – STORM DRAIN REPAIR AND REPLACEMENT
, hereby certifies to the Flood Control District (FCD) of
(Name of Signer)
Maricopa County that all lawful claims for labor, rental of equipment, material used, and any other claims
by ________________ or its subconsultants in connection with the project described in FCD Contract
2024C007 have been paid.
____________________________________ understands that with receipt of payment for any previously
invoiced amounts, plus any retained monies, this is a settlement of all claims of every nature and kind
against FCD arising out of the performance of FCD Contract 2024C007 relating to the material,
equipment and work covered in and required by the contract.
The undersigned hereby certifies that to his/her knowledge, no contractual disputes exist in regard to this
contract and that he/she has no knowledge of any pending or potential claims in regard to this contract.
Upon submission of this document and a separate invoice for any retained funds to Flood Control District
Maricopa County, invoice processing will be completed within sixty (60) calendar days.
State of Arizona
)
)§
County of Maricopa
)
Signed this _______ day of
, 20
.
Signature
Title
Subscribed and Sworn to before me this
day of
, 20
.
Notary Public
My Commission Expires:
Contract No. 2024C007
Page 20 of 22
SUBCONTRACTOR LISTING
The following is a listing of Subcontractors and material suppliers (including any minority and
women-owned business enterprises participation) that may to perform the work outlined in this
Contract. Although this list will not be considered a final commitment on the Contractor's part,
any Subcontractor changes from those listed must have the District’s written approval before the
commencement of Subcontractor work on site.
The contractor certifies that subcontractor selection has been conducted in accordance with the
approved subcontractor selection plan (attached), and that the Contractor will perform, with its
organization, construction work that amounts to not less than Fifty percent (50%) of the total
Contract price for construction.
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
___________________________________
(Signature)
Contract No. 2024C007
Page 21 of 22
FLOOD CONTROL DISTRICT
ON CALL CONSTRUCTION PAYMENT REQUEST
Submit to:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Attention: Contracts Branch Services
2801 West Durango Street
Phoenix, Arizona 85009-6357
CONTRACTOR’S NAME: ______________________________________ DATE:__________________
CONTRACTOR’S ADDRESS:___________________________________________________________
PROJECT NAME: _______________________________ PAYMENT REQUEST NO.:______________
CONTRACT No.:_______________________________ WORK ASSIGNMENT NO.:_____________
Work Assignment
TIME PERIOD_________ TO ____________ FCD Project Manager:_______________________
A.
CONTRACTOR’S CONTRACT DATA
1.
Maximum Contract Amount
$_______________
2.
Prior Contract Work Assignments
$_______________
3.
Total Remaining Contract Amount
(A.1 minus A.2 minus B.1)
$_______________
B.
CONTRACTOR’S NTE FEE, THIS CONTRACT ASSIGNMENT
1.
NTE Fee, this Contract Work Assignment
$_______________
2.
Requested Payment: (Attach Backup Documentation)
1.____________________ 3._____________________ 5.____________________
2.____________________ 4._____________________ 6.____________________
3.
Total Fee Earned To Date, This Contract Work Assignment
$_______________
C.
PAYMENT REQUEST DATA
1.
Less Prior Payments, This Contract Work Assignment
$_______________
2.
Total Payment Request (B.3 minus C.1)
$_______________
3.
Net Payment Request
$_______________
Submitted by: _____________________________________________________ Date: ____________
Contractor
Payment Request Verification: ________________________________________ Date: ____________
FCD Project Manager
Approval to Pay: ___________________________________________________ Date: ____________
FCD Division Manager
Contract No. 2024C007
Page 22 of 22
TO THE: Flood Control District of Maricopa County:
WHEREAS,
, an
corporation, located at
(company name)
(Name of State)
____________________________________________________ is required to execute certain documents that are necessary for the
(address)
prompt and efficient execution of the corporate business.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of
that the
parties named below be authorized to execute and sign on behalf of said corporation the following numbered and named documents.
1. Proposal
2. Contract
3. Bond
4. Claims
5. Change Orders
6. Payment Requests
7. Other (identify)
.
The powers and duties herein granted shall be and is hereby granted for the duration of the contract for the consultation of services, or
until express notice of revocation has been duly given in writing, whichever is the lesser period.
Dated and passed by the Board of Directors this
day of
, 20
.
___
___
____
____
_______
PRINT NAME (SIGNATURE OF PERSONS AUTHORIZED TO SIGN) (TITLE) (DOCUMENT NO. [see above])
CERTIFICATION
STATE OF
______ )
)§
COUNTY OF
___________
)
I,
, of
, a corporation, do
hereby certify that the above is a true and correct copy of a resolution adopted by the Board of Directors of said corporation, at a meeting
of said board held on
, 20
, and that the same is in full force and effect at this time.
DATED:
(OFFICER OF CORPORATION)
(Seal of Corporation)
STATE OF ________________
)
)§
COUNTY OF ______________)
This instrument was acknowledged before me this
day of
, 20
By
, appearing before the undersigned Notary Public, and stated that he executed such
instrument on behalf of said corporation for the purpose and consideration therein expressed.
(NOTARY PUBLIC)
My Commission Expires:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION $
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
2/27/2024
Lovitt & Touché A Marsh and McLennan Agency, LLC
8605 E. Raintree Drive, Suite 200
Scottsdale AZ 85260
Michelle Dickason
602-956-2250
mdickason@lovitt-touche.com
Amerisure Insurance Company
19488
FPSCIVIL
Amerisure Mutual Insurance Company
23396
FPS Civil, LLC
22849 North 19th Avenue, Suite 120
Phoenix AZ 85027
1583421604
A
X
1,000,000
X
300,000
X
5,000
15,000
1,000,000
2,000,000
X
X
Y
Y
CPP21232370001
5/1/2023
5/1/2024
2,000,000
A
1,000,000
X
Y
Y
CA2123230001
5/1/2023
5/1/2024
B
X
5,000,000
X
Y
CU21232380002
5/1/2023
Y
5/1/2024
5,000,000
X
10,000
B
X
N
Y
WC21232390002
5/1/2023
5/1/2024
1,000,000
1,000,000
1,000,000
The above-indicated Additional Insured and Waiver of Subrogation (WOS) are provided with respects to General Liability, Automobile Liability, Workers’
Compensation (WOS only) when required in a written and executed contract. Such coverage afforded by these policies for the benefit of the additional
insured(s) is primary and any other coverage maintained by such additional insured(s) shall be non-contributory when required in a written and executed
contract.
30 Days Notice of Cancellation applies for material reduction in coverage, non-renewal or cancellation; 10 days notice for non-payment.
Storm Drain Repair and Replacement Job Order Contract, FCD Contract No. 2024C007 Serial 240008.
Flood Control District of Maricopa County
2801 W. Durango Street
Phoenix AZ 85009
CHANGES OR NOTES IN RED
ITEM #
DESCRIPTION
UNIT
PRICE
104 - 1
CQC Testing Allowance
LS
17,250.00
$
105 - 1
Partnering Allowance
LS
5,750.00
$
105 - 2
Construction Staking Allowance
LS
57,500.00
$
105 - 3
Utility Relocation Allowance
LS
$15,000
Assumed 1" Water line service 4ft to 8ft deep outside of roadway 20ft or less
107 - 1
AZDES/SWPPP Permits Allowance
107 - 1
Less that or equal to 1 Acre
AC
4,025.00
$
Per Acre, includes SWPPP and implementation
107 - 1
1 - 50 Acres
AC
2,587.50
$
Per Acre, includes SWPPP and implementation
107 - 1
Greater than 50 acres
AC
1,150.00
$
Per Acre, includes SWPPP and implementation
107 - 2
Public Information and Notification Allowance
LS
7,500.00
$
Assuming one partnering meeting and one set of Flyers or similar communication
107 - 3
Project Signs Allowance
LS
4,600.00
$
107 - 4
Restricted Areas Delineation
LF
3.16
$
100 ft minimum
107 - 5
Water Management Plan Preparation Allowance
LS
39,790.00
$
107 - 6
Water Management Plan Implementation Allowance
LS
39,790.00
$
108 - 1
Construction Work Plan Allowance
LS
5,750.00
$
201 - 1
Clearing and Grubbing
AC
5,750.00
$
Assuming the acre in question has 5% or less shrub coverage for removal.
202 - 1
Mobilization
%
5%
Amount to be 5 percent of the project contract as per spec.
203 - 1
Temporary Access Allowance
SY (LS)
17.25
$
Assumes gravel O&M Road
206 - 1
Foundation Surface Preparation
SY
17.83
$
Changed unit of measurement to SY
ALL 211 codes Backfill assumed less than 100CY if greater price will decrease
-
$
211 - 1
Common Fill (95% Compaction Min.)
CY
26.45
$
Assuming fill material is onsite
211 - 2
Embankment Fill (FCDMC Std. Det. 200-1)
CY
37.95
$
Assuming fill material is onsite
211 - 3
Structural Fill (95% Compaction Min.)
CY
49.45
$
Assuming fill material is onsite
211 - 4
Select/Import Fill (Low PI of 15 or Less)
CY
69.00
$
Assuming pit is within 15 miles of job site
211 - 5
Landscape Fill (90% Compaction Typical)
CY
63.25
$
Assuming pit is within 15 miles of job site
211 - 6
Filter Aggregate
CY
86.25
$
Purchase and place
310 - 1
4-inch Aggregate Base Course (ABC) Maintenance Road (Chip Seal, FCDMC Std. Det.
SY
182.85
$
4-inch Aggregate Base Course (ABC) Maintenance Road (asphalt)
310 - 2
1/4-inch Decomposed Granite (DG)
SY
57.50
$
Assumes 2" thick
310 - 3
Untreated Base
TON
37.95
$
Assuming non lime treated ABC within 30 miles of pit Material ONLY
344 - 1
Decomposed Granite Road Surface
SY
109.25
$
Assumes 4" thick with no soil stabilizer, compaction included
344 - 2
Embankment/Slope Rockmulch (FCD Std. Det. 555-2)
CY
132.25
$
Purchase and place
345 - 1
Adjust Manhole Frame & Cover (MAG Det. No. 422-2)
EA
3,392.50
$
Assumed existing frame and cover reused less than 5 quantity greater than 5 price could decrease
350 - 2
Remove Reinforced Concrete Pipe
LF
-
$
350 - 2
Pipe Size 12" - 60" Remove Reinforced Concrete Pipe
LF
327.75
$
Assumes a maximum depth of 8ft. Additional costs may apply if the pipe is buried deeper.
350 - 2
Pipe Size 61" - 84" Remove Reinforced Concrete Pipe
LF
684.25
$
Assumes a maximum depth of 12 ft. Additional costs may apply if the pipe is buried deeper.
350 - 3
Remove Culvert Pipe
LF
-
$
350 - 3
Remove Culvert Pipe Size 24"
LF
115.00
$
Assumes a maximum depth of 8ft. Assumes CMP
350 - 3
Remove Culvert Pipe Size 36"
LF
138.00
$
Assumes a maximum depth of 8ft. Assumes CMP
350 - 3
Remove Culvert Pipe Size 54"
LF
184.00
$
Assumes a maximum depth of 8ft. Assumes CMP
350 - 4
Remove Existing Sanitary Sewer Pipe
LF
201.25
$
Assumes 8" VCP at 8 ft maximum depth
350 - 5
Remove Concrete Headwall
EA
5,750.00
$
Assumes standard size of 9 ft by 3 ft solid grouted block headwall
350 - 6
Remove Concrete Apron
SF
17.25
$
Assumes 6" maximum thickness
350 - 7
Remove Existing Manhole
EA
17,250.00
$
Assumes maximum depth of 12 ft
350 - 8
Remove Existing Catch Basin
EA
4,485.00
$
Assumes single catch basin
401 - 1
Traffic Control Allowance
AL
10,000.00
$
Assumed single lane or shoulder work for a period of 1 month Changed unit of measurement to
allowance
STORM DRAIN REPAIR & REPLACEMENT BID ITEM LIST -2024C007-FPS Civil
405 - 1
Survey Marker/Brass Cap (MAG Det. No. 120, Type 'A')
EA
1,437.50
$
Excludes survey
405 - 2
Survey Marker/Brass Cap (MAG Det. No. 120, Type 'B')
EA
862.50
$
Excludes survey
430 - 6
Landscaping Hydroseed Mix A
AC
16,698.00
$
Includes tilling
430 - 7
Landscaping Hydroseed Mix B
AC
16,698.00
$
Includes tilling
430 - 8
Landscaping Hydroseed Mix C
AC
16,698.00
$
Includes tilling
430 - 9
Landscaping Hydroseed Mix D
AC
16,698.00
$
Includes tilling
430 - 18
Rock Staining (Natina)
SF
14.09
$
430 - 19
Fence Staining (Natina)
LF
19.55
$
430 - 20
RCC/Concrete Staining (Natina)
SF
19.84
$
430 - 21
Metal Handrail Staining (Natina)
LF
17.54
$
440 - 1
Drip Irrigation System
LS
5,750.00
$
1 acre or less
440 - 2
Landscape Irrigation System
LS
11,500.00
$
1 acre or less
440 - 3
Irrigation Control System (Calsense)
EA
13,800.00
$
8 Station one antenna equipment purchase only
440 - 4
Irrigation Control System (LEIT Solar)
EA
1,955.00
$
10 station equipment purchase only
440 - 5
2-inch Water Service Tap & Meter
EA
2,875.00
$
440 - 6
2-inch Backflow Preventer Reduced Pressure
EA
4,025.00
$
505 - 1
Reinforced Concrete Channel Liner (6-in Min.)
SY
201.25
$
505 - 2
Reinforced Concrete Channel Liner (8-in Min.)
SY
247.25
$
505 - 4
Reinforced Concrete Headwall (MAG Det. No. 501-3)
EA
40,250.00
$
For smallest pipe size, price to increase depending on pipe size
505 - 5
Reinforced Concrete Headwall (MAG Det. No. 501-4)
EA
40,250.00
$
For smallest pipe size, price to increase depending on pipe size
505 - 6
Reinforced Headwall with Drop Inlet (MAG Det. No. 501-5)
EA
57,500.00
$
For smallest pipe size, price to increase depending on pipe size
505 - 7
Catch Basin Single (MAG Det. No. 537 Modified with Raised Inlet FCDMC Std. Det. 537-
EA
8,625.00
$
Assumed 3'x3'x3' box
505 - 8
Catch Basin Double (MAG Det. No. 537 Modified with Raised Inlet FCDMC Std. Det. 537-
1)
EA
12,075.00
$
Assumed 6'x3'x3' box
505 - 9
Curb Opening Catch Basin (MAG Det. No. 533–1 Type D)
EA
8,625.00
$
Assumed L=3 and V=3
505 - 10
Concrete Encasement (MAG Det. No. 404-3)
CY
345.00
$
Including reinforcement (changed unit of measurement to CY)
505 - 11
Flared End Section (MAG Det. No. 545)
EA
8,625.00
$
Assuming 30" flared end section
505 - 12
Reinforced Masonry Headwall (MAG Det. No. 501-1)
LF
172.50
$
505 - 13
Reinforced Concrete Box Culverts, Single Barrel (ADOT Std. Det. SD 6.01)
TBN
-
$
505 - 14
Reinforced Concrete Box Culverts, Double Barrel (ADOT Std. Det. SD 6.02)
TBN
-
$
505 - 17
Concrete Pipe Collar (MAG Det. No. 505)
EA
1,150.00
$
12-48" larger pipe sizes will increase in price
505 - 23
Concrete Pipe Point Repair
EA
1,150.00
$
505 - 25
Fiber-Reinforced Concrete Channel Liner (6-in Min.)
SY
224.25
$
less than 100ft longer runs will decrease price
505 - 26
Fiber-Reinforced Concrete Channel Liner (8-in Min.)
SY
270.25
$
less than 100ft longer runs will decrease price
505 - 27
Cure-in-place Pipe (CIPP) Liner
LF
345.00
$
100 ft minimum
507 - 1
Concrete Drop Structure
EA
51,750.00
$
For smallest pipe size, price to increase depending on pipe size
507 - 2
Concrete Sidewash Drop Structure
EA
40,250.00
$
For smallest pipe size, price to increase depending on pipe size
515 - 2
Bollard Type 1 (MAG Det. No. 140, 6" Diameter)
EA
977.50
$
bare steel no coating
515 - 3
Trash Rack (MAG Det. No. 502-1)
EA
10,005.00
$
galvanized coating
515 - 4
Access Barrier (ADOT Std. Det. C-13.75)
EA
10,580.00
$
galvanized coating
517 - 1
Sluice Gate and Appurtenances
EA
8,625.00
$
12" with 6 foot stem wall mounted Price increases with larger sizes
520 - 1
Tubular Steel Ornamental Fence (Dwg ST9)
FT
115.00
$
Painted and installed
610 - 1
6-inch Ductile Iron Pipe (DIP) Waterline
LF
287.50
$
Dig, lay, backfill assumed 4ft deep Backfill to subgrade only
610 - 2
8-inch Ductile Iron Pipe (DIP) Waterline
LF
460.00
$
Dig, lay, backfill assumed 4ft deep Backfill to subgrade only
610 - 3
12-inch Ductile Iron Pipe (DIP) Waterline
LF
614.10
$
Dig, lay, backfill assumed 4ft deep Backfill to subgrade only
610 - 4
Vertical Realignment for Water Main Dtl 25
LF
402.50
$
Assumes 6" pipe @ 2ft vertical realignment
610 - 5
Relocated Existing Water Main (COG Std. Det. G-642)
LF
431.25
$
Assumed under 20 feet with soft copper 30" min cover
610 - 6
Gate Valve with Box & Cover (COP Std. Det. P-1391)
EA
3,938.75
$
Assumes 6" valve
610 - 7
Fire Hydrant (MAG Det. No. 360)
EA
9,829.05
$
615 - 1
Relocate Existing Sewer Service (MAG Det. No. 440)
LF
345.00
$
Assumed 4-6" at 4 ft cover
615 - 2
Cap Existing Sanitary Sewer Line (MAG Det. No. 427)
EA
402.50
$
Assumed 4-6" at 4 ft cover
615 - 3
Encased Pipe for Canal Crossings (MAG Det. No. 402)
LF
230.00
$
Assumed 4-6" at 4 ft cover with rebar cage and 3000PSI concrete
618 - 1
12-inch Reinforced Concrete Pipe & Installation
LF
247.25
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 2
18-inch Reinforced Concrete Pipe & Installation
LF
505.98
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 3
24-inch Reinforced Concrete Pipe & Installation
LF
549.70
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 4
30-inch Reinforced Concrete Pipe & Installation
LF
603.75
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 5
36-inch Reinforced Concrete Pipe & Installation
LF
647.21
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 6
48-inch Reinforced Concrete Pipe & Installation
LF
906.07
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 7
54-inch Reinforced Concrete Pipe & Installation
LF
920.00
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 8
60-inch Reinforced Concrete Pipe & Installation
LF
1,035.00
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 9
66-inch Reinforced Concrete Pipe & Installation
LF
1,471.64
$
Assumes a maximum depth of 12 ft with no hard dig.
618 - 10
72-inch Reinforced Concrete Pipe & Installation
LF
1,960.08
$
Assumes a maximum depth of 12 ft with no hard dig.
618 - 11
Reinforced Concrete Arch Pipe & Installation
LF
563.48
$
Assumes 14" x 23" pipe size, price increases depending on pipe size
618 - 12
12-inch HDPE Pipe & Installation
LF
212.75
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 13
24-inch HDPE Pipe & Installation
LF
373.75
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 14
36-inch HDPE Pipe & Installation
LF
414.00
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 15
48-inch HDPE Pipe & Installation
LF
537.05
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 16
60-inch HDPE Pipe & Installation
LF
589.95
$
Assumes a maximum depth of 8ft with no hard dig.
618 - 17
Flap Gate (< 36-inches)
EA
1,150.00
$
Assumes 18" corrugated pipe install
618 - 18
Flap Gate (> 36-inches)
EA
5,750.00
$
Assumes 42" corrugated pipe install
618 - 19
Plug Existing Storm Drain (MAG Det. No. 427)
EA
862.50
$
Assumes 24" pipe size, price to increase according to pipe size
618 - 20
Prefabricated Tee
EA
25,151.20
$
48" prefab concrete Tee
625 - 1
Concrete Manhole (MAG Det. No. 420-1)
EA
25,875.00
$
Assumes a maximum depth of 10ft with no hard dig.
625 - 2
Manhole Base & Shaft (MAG Det. Nos. 520 & 522)
EA
20,125.00
$
Assumes a maximum depth of 10ft with no hard dig.
625 - 3
Drop Sewer Connection (MAG Det. No. 426)
EA
17,250.00
$
630 - 1
Air Relief Valve
EA
8,625.00
$
Miscellaneous Work
MISC
To Be Negotiated
TBN
*
The amount to be paid for work items not included in Unit Price List shall be negotiated
between the contractor and the District.
*
This should be clearly identified as "To be Negotiated" (TBN) or "Miscellaneous (Misc)
work".
EXHIBIT A
SCOPE OF WORK
CONTRACT FCD 2024C007
JOB ORDER CONTRACT
STORM DRAIN REPAIR AND REPLACEMENT
GENERAL
Under the Director's general supervision, the Contractor shall perform storm drain installation
and replacement services. In addition, the contractor shall perform preconstruction-related
services such as design review, constructability review, and cost estimates for contracted Work
Assignments according to the directions and designated standards of the District.
It is understood and agreed that the District’s authorized representative shall be the Director or
their duly authorized representative.
The contractor for construction services is recommended; however, it is not required to be
registered to perform design services under A.R.S. Title 32, Chapter 1 if the person or firm
performing the design services on behalf of the contractor is appropriately documented.
The contractor for construction services shall be licensed to perform construction under A.R.S.
Title 32, Chapter 10.
The firm performing the construction shall be licensed under the laws of the State of Arizona to
perform the Work at the time of proposal submission and be familiar with and comply with all
applicable laws, statutes, ordinances, building codes, rules, and regulations, and lawful orders
of public authorities in performing the Work, including but not limited to, environmental laws and
A.R.S. Title 34, as amended.
The amount of work requested during the contract's life is unknown; the least amount is zero,
and the maximum amount is limited to the "not-to-exceed" amount of each work assignment.
SERVICES
Storm drain repair and replacement services may include, but are not limited to, supplying all
labor, material, and equipment on an as-needed basis for storm drain repair and replacement
services, The following are some examples:
Slip line installation, installation and repairs of various pipe materials and box culverts,
point repairs to multiple pipe materials and box culverts, installation/repair of manholes,
catch basins, confined space work capabilities, repair and fabrication of trash racks,
access barriers, railings, fencing.
Other services such as maintenance, modification, operation, pre-construction, design, post-
construction as-builts, financial, and other related services may be required. They will be
negotiated at individual Work Assignment phases.
Before the issuance of a work assignment, the Contractor shall perform pre-construction-related
services to ensure a smooth project delivery and to work out any constructability matters during
the design phase. The pre-construction activities include design reviews, constructability
reviews, investigations, stakeholder coordination, comment resolution, negotiation of unit item
costs, preparation of a construction work plan, preparation of an emergency action plan,
creation of project schedules, and all project coordination. Additionally, a visit to the jobsite with
District personnel shall be conducted before the issuance of the Work Assignment. This allows
the Contractor to ask questions concerning the Work Assignment, take measurements, and
address any requirements. The contractor understands and agrees that this pre-construction
effort and any work performed before issuance of a work assignment will be completed at the
Contractor’s own expense and does not guarantee any future work.
WORK ASSIGNMENTS
Each Work Assignment mutually agreed upon and issued by the District will define specific
requirements. The Contractor shall not be required to accept any Work Assignment, it being the
intent that both parties must mutually agree to any particular work before a Work Assignment may
be issued.
All construction work shall conform to the Uniform Standard Specifications for Public Works
Construction published by the Maricopa Association of Governments (MAG) 2023 Revision to the
2020 Edition (or the year indicated in the Work Assignment documents) together with this General
Scope of Work, and the Work Assignment documents (plans and special provisions).
Work Assignments shall be undertaken only upon issuing a written notice to proceed. Work
Assignments shall set forth the following:
1.
Contract number and Work Assignment identification
2.
The agreed description of work, including the location, list of work items, and applicable
special provisions and drawings.
3.
The agreed period of performance and a work schedule
4.
The place of performance
5.
The calculated total price for the work to be performed.
6.
Fee proposal signed by the Contractor
7.
Approval Signatures by the District
Work Assignments will be at various locations throughout Maricopa County and at District
structures outside Maricopa County. Each Work Assignment shall provide a description and
parameters for completing the work.
An onsite review of the site with District personnel shall be conducted before issuance of the
Work Assignment. This allows the Contractor to ask questions concerning the Work
Assignment, take measurements, and address any requirements. Work shall be performed once
the negotiated Work Assignment has been approved by District staff.
PAYMENTS
Due to the wide range and variety of potential projects expected to be performed under this
contract, an entire menu of anticipated scope items could be more practical to list. Materials and
other direct costs will be negotiated per work assignment. No Work Assignment shall exceed
$2,000,000 in total cost. All Combined Work Assignments shall not exceed $5,000,000 during
any contract year. Payments will be made for the services per the General Scope of Work and
the Detailed Scope of Work as negotiated for each Work Assignment.
Payment for individual work assignments will be based on unit prices that do not exceed the unit
prices identified in the Unit Price List of Exhibit B.
The amount of each work assignment shall be the summation of the total amounts calculated for
each item of the work assignment. The total amount for each item shall be the work assignment
quantity times the unit price. Payment for each work assignment will be the calculated total
amount for completed and accepted quantities of each item.
The unit prices identified in the Unit Price List, Exhibit B, shall include all direct and indirect
costs associated with each work assignment of this Job Order Contract. The unit prices shall
incorporate adjustments for the following:
•
Direct labor, material, and equipment costs
•
Contractor’s jobsite General Conditions
•
Contractor's home office overhead and profit
•
Subcontractors' overhead and profit
•
Insurance
•
All costs associated with bonding (specifically including bond premiums)
•
Employee payroll taxes, insurance, and fringe benefits
•
Business taxes, contributions, memberships, corporate headquarters support (legal,
financial, etc.)
•
Disposal of all waste and excess material
•
Closeout for the total contract and each work assignment
•
Jobsite clean-up and site restoration
•
Compliance with environmental laws (costs associated with performing work in
compliance with county, state, and federal regulations, including obtaining any
necessary licenses and permits, reporting requirements, etc.)
•
Compliance with safety, health, and sanitation laws and specifications (i.e., Contractor’s
jobsite safety plan, face and clothing protection, etc.)
•
Project management and supervision
•
Quality control, construction water, and material testing
•
Management and equipment expenses
•
Depreciation of equipment
•
Interest associated with the funding of equipment and payroll
•
Job Submittal preparation
•
Permits, licenses and fees
•
Other business risks (i.e., risk of a lower than expected contract dollar value, high
inflation cost, and poor subcontractor performance and re-performance).
The amount to be paid for work items not included in Exhibit B, Unit Price List, shall be
negotiated between the Contractor and the District.
ORDER OF PRECEDENCE
In the event a conflict exists between the Contract Documents of any Work Assignment, the
order of precedence shall be as follows:
1. Work Assignment Project Specifications
2. Work Assignment Project Plans
3. Work Assignment Project Technical Memorandums
4. FCD Standard Details
5. MCDOT Supplement to MAG Uniform Standard Specifications and Details for Public
Works Construction
6. MAG Uniform Standard Specifications for Public Works Construction
7. MAG Uniform Standard Details for Public Works Construction
8. JOC Contract Exhibit A (This General Scope of Work and its Special Provisions)
SUPPLEMENTARY GENERAL
CONDITIONS
JOB ORDER CONTRACT FCD 2024C007
Storm Drain Repair and Replacement
August 2018
Prepared by:
Flood Control District of Maricopa County
Engineering Division
2801 West Durango Street
Phoenix, AZ 85009
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
SUPPLEMENTARY GENERAL CONDITIONS
Job Order Contract FCD 2024C007
Page 3 of 27
Supplementary General Conditions
TABLE OF CONTENTS
SECTION 101 – ABBREVIATIONS AND DEFINITIONS ...................................................................... 4
SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS ....................................................... 4
SECTION 103 – AWARD AND EXECUTION OF CONTRACT .............................................................. 5
SECTION 104 – SCOPE OF WORK ...................................................................................................... 5
SECTION 105 – CONTROL OF WORK ............................................................................................... 11
SECTION 106 – CONTROL OF MATERIALS ..................................................................................... 16
SECTION 107 – LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC ................................. 19
SECTION 108 – COMMENCEMENT, PROSECUTION AND PROGRESS ......................................... 25
SECTION 109 – MEASUREMENTS AND PAYMENTS ..................................................................... 26
SECTION 110 – NOTIFICATION OF CHANGED CONDITIONS AND DISPUTE
RESOLUTION ........................................................................................................... 27
Job Order Contract FCD 2024C007
Page 4 of 27
Supplementary General Conditions
SUPPLEMENTARY GENERAL CONDITIONS
SPECIFICATIONS
Except as otherwise amended in these Supplementary General Conditions and the Construction
Special Provisions, projects performed under this Contract shall be constructed in accordance with all
applicable Maricopa Association of Governments (MAG) Uniform Standard Specifications and
Uniform Standard Details, dated 2012, and including revisions through 2018; Maricopa County
Department of Transportation (MCDOT) English Supplement to the MAG Uniform Standard
Specifications and Details for Public Works Construction, dated 2011; Manual On Uniform Traffic
Control Devices For Streets And Highways, 2009 Edition, ADOT Standard Specifications for Road and
Bridge Construction and Standard Details. All references herein to MAG refer to the Uniform Standard
Specifications for Public Works Construction by the Maricopa Association of Governments 2012
edition, including all revisions through 2018.
SECTION 101 – ABBREVIATIONS AND DEFINITIONS
Subsection 101.2 – Definitions and Terms:
1)
Change the definition of the phrase "Board of Supervisors" to, “the Board of Directors of the Flood
Control District of Maricopa County acting under the authority of the laws of the State of Arizona.”
2)
Change the definition of the phrase "Budget Project" to, “a project financed by funds set-aside in
the annual budget or otherwise approved by the Board of Directors of the Flood Control District
of Maricopa County.”
3)
Add to the definition of the phrase "Construction Documents," the phrase "Supplementary General
Conditions." The terms “Contract Documents” and “Construction Documents” shall be used
interchangeably throughout these Specifications.
4)
Change the definition of the term "Engineer" to, “the person appointed by the Board of Directors
of the Flood Control District of Maricopa County to the office of Chief Engineer and General
Manager of the Flood Control District of Maricopa County acting directly or through its authorized
representative, the Division Manager of Planning and Project Management Division of the Flood
Control District of Maricopa County.”
5)
Change the definition of the term "Owner" to, “the Flood Control District of Maricopa County,
acting through its legally constituted officials, officers, or employees.”
6)
Whenever the word "District" is used in these Specifications, it shall mean the Flood Control
District of Maricopa County.
7)
Add the definition of the term “Landscape Architect” as “an individual designated by the Engineer
to review the landscape elements of the work.”
SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS
Subsection 102.6 – Subcontractors' List:
Add the following:
A complete list of Subcontractors that are to be employed on the Project shall be submitted with the
Statement of Qualifications, on the List of Subcontractors’ Form provided in the Request for
Job Order Contract FCD 2024C007
Page 5 of 27
Supplementary General Conditions
Proposals. No change of the Subcontractors named therein will be made unless first approved in
writing by the Flood Control District of Maricopa County.
SECTION 103 – AWARD AND EXECUTION OF CONTRACT
Subsection 103.6 – Contractor's Insurance:
Add the following:
Concurrently with the execution of the contract, Contractor shall furnish a Certificate of Insurance,
using the included Certificate that names the additional insureds as set out in the Certificate. The
Certificate shall also name the additional insureds as Certificate Holders. The types of insurance and
the limits of liability shall be as indicated on the form provided.
Subsection 103.6.1(D) – Additional Insured:
Add the following:
Include the Flood Control District of Maricopa County as additional insured as indicated on the
included Certificate of Insurance Form.
Subsection 103.6.2 – Indemnification of the Contracting Agency Against Liability:
Add the following:
Additionally, the Contractor shall execute the Indemnification found in the Contact Documents. The
Contractor expressly agrees to hold the Flood Control District of Maricopa County harmless under
same terms and conditions as the District.
SECTION 104 – SCOPE OF WORK
Subsection 104.1.1 – General:
Delete paragraph two of this Subsection and replace with the following:
This Contract and its designated documents, whether taken separately or together, are to be
interpreted according to full intent, meaning, and spirit, and shall be deemed to mutually explain each
other and to be descriptive of any materials to be furnished and the work to be performed under this
Contract. In the event a conflict exists between the Contract Document the order of precedence listing
descending order shall be as follows:
•
Change Orders
•
Contract Agreement
•
Work Assignment Agreement
•
Supplementary General Conditions
•
Construction Special Provisions
•
Project Plans
•
MAG Uniform Standard Specifications and Uniform Details
•
Manual on Uniform Traffic Control Devices for Streets and Highways
•
Maricopa County Department of Transportation (MCDOT) English Supplement to the MAG
Uniform Standard Specifications and Details for Public Works Construction, dated 2011
•
ADOT Standard Specifications for Road and Bridge Construction and Standard Details
Add the following:
All water, including construction and potable, lighting, temporary electric power, heat, and telephone
service shall be arranged and provided for as per the requirements of the work by the Contractor at
the Contractor’s expense.
Job Order Contract FCD 2024C007
Page 6 of 27
Supplementary General Conditions
Dust control and noise will be of great concern to the adjacent neighborhoods. The Contractor shall
take extreme care while excavating and transporting material and shall minimize dust. The Contractor
will take all necessary steps to avoid excessive noise, and will abide by all local jurisdiction
requirements for allowable working hours. Night work will not be allowed within residential areas.
The Flood Control District of Maricopa County and Contractor shall have weekly meetings at times
agreed upon during the pre-construction meeting. Additional meetings may be held prior to
commencement of major work elements, if required by the Engineer. The Engineer's approval shall be
obtained before commencing work.
The Contractor shall maintain access for homes and businesses adjacent to a Project site at all times.
All construction activities may occur in areas that are subject to flooding. Flows can occur at any
time. The Contractor will remove all of their equipment from the construction area whenever flows
could occur that would inundate the equipment or equipment storage areas. Protection from flooding
of Contractor’s equipment, construction items to be furnished by the Contractor and the work area is
the Contractor’s responsibility.
Any excavated material in excess of what is needed for a Project becomes property of the Contractor
and Contractor shall remove the excavated material from the Project site and dispose of it at a site
approved by the Engineer.
Electronic MicroStation (.dgn) CADD files of the Project will be provided to the Contractor for reference
for each Project Work Assignment. The Owner and its design consultant assume no responsibility for
data supplied in electronic format. Such data is provided for convenience only and the Contractor
accepts full responsibility for verifying the accuracy and completeness of the data. The information
on the plans shall take precedence over the electronic files should there be any discrepancy between
the two. If there is any discrepancy between the plans and the electronic files, the Contractor shall
bring it to the Engineer’s attention immediately to determine if corrections to the plans or files are
necessary.
Native Plants:
Removal of any protected native plant material shall follow applicable federal, state and local
regulations. This is of particular importance as it applies to cacti, such as saguaro and barrel cacti.
The laws governing removal, salvage, or destruction of native plant material are found in Arizona
Revised Statutes: Title 3, Chapter 7, “Arizona Native Plants”. The Owner is responsible for filing the
“Notice of Intent to Clear Land”, or the “Application for Arizona Protected Native Plants and Wood
Removal”, whichever is appropriate, with the Arizona Department of Agriculture.
Birds and Other Wildlife Species of Concern:
All birds, except pigeons, house sparrows, european starlings, doves and quail, are protected by the
Migratory Bird Treaty Act (16 U.S.C. 703-712; Chapter 128; as amended). It is especially important to
avoid disturbing active bird nests (those with eggs or hatchlings present) during Arizona’s breeding
bird season (roughly February through June in Maricopa County, however an individual nest is only
active for thirty (30) to forty-five (45) days). Additionally, burrowing owls are present in many project
sites where vegetation is sparse. The District, in advance of construction, will have a biologist assess
the potential impact of the Project on bird species and where necessary, has taken action to minimize
the impact. However, it is the responsibility of the Contractor to be aware of the existence of nesting
birds and burrowing owls, and to notify the Engineer immediately if they are found within the Project
Job Order Contract FCD 2024C007
Page 7 of 27
Supplementary General Conditions
limits. The Contractor will also notify the Engineer in advance of any planned removal of vegetation
where such birds or owls may be present.
Burrowing Owls:
Burrowing owls are protected under the federal Migratory Bird Act, therefore it is illegal to harm,
harass, pursue, take, capture, or kill any migratory bird, nest, or egg. The District will make its best
effort to relocate the owls out of the Project area prior to commencement of the Contract, but some
may remain and/or return to their burrows and nesting areas. The District has contracted with Bob
Fox, a wildlife rehabilitation specialist, to relocate the owls. The Contractor shall keep Bob Fox and
the Engineer apprised of the Project schedule and notify them two (2) weeks prior to commencing
excavation, backfilling or stockpiling of material in a new Project area, so that Bob Fox can survey for
owls and relocate any that remain, to avoid injuring and disturbing the owls because of the
construction activities. If the Contractor discovers a burrowing owl habitat or owl(s) during
construction, he shall stop construction immediately without disturbing the habitat or owl(s), and
notify the Engineer and Bob Fox. Bob Fox can be reached at (480) 595-5047.
Gila Monsters and Desert Tortoises:
Most wildlife species are able to move away from on-coming construction activity, although some
incidental loss of underground-dwelling small mammals and reptiles can be expected. However, two
species are of concern in the state, the Gila monster, and the desert tortoise. Because the presence
of these two species is not always obvious during a biological assessment, the Arizona Game and
Fish Department has guidelines for handling these two species when encountered at construction
projects.
Tortoises found during construction that are actually moving in harm’s way (such as in front of a
dozer) may be picked up and moved only in accordance with the guidelines.
http://www.azgfd.gov/hgis/pdfs/Tortoisehandlingguidelines.pdf
Gila Monsters are venomous and should not be touched. While the guidelines aim mostly at home
owners, the best thing to do if a Gila Monster is in harm’s way at a project site is to notify the Engineer
who will get AZGFD or their designated wildlife handler out there to relocate the animal. The guide in
the link below has some important information about rattlesnakes and other animals.
http://www.azgfd.gov/w_c/documents/LWVR.pdf
Inspection and Testing:
The Contractor will be responsible for all quality control for each Project Work Assignment and will
provide the Engineer with copies of the results of all tests performed by the Contractor Quality Control
(CQC). The Owner and Engineer will provide quality assurance for the Project.
Quality Control (QC) refers to those actions taken by the Contractor, and those parties charged with
the procurement and installation of manufactured materials, and the placement and compaction of
the soil materials, which provide a means to determine and sometimes quantify the characteristics of
the product. The results of a quality control program are compared to the Special Provisions of other
contractual or regulatory requirements for each Project Work Assignment. During each aspect of the
handling of these materials, quality control is provided by the manufacturer, fabricator, or installer of
the materials, or the supplier and earthworks contractor for the soils, to ensure that the materials and
Job Order Contract FCD 2024C007
Page 8 of 27
Supplementary General Conditions
workmanship conform to the plans and Special Provisions. The Contractor and his suppliers and
manufacturers retain quality control responsibility.
Quality Assurance (QA) is a planned and systematic pattern of all means and actions intended to
provide adequate confidence that the materials and procedures conform to the plans and Special
Provisions, and any applicable regulatory requirements for each Project Work Assignment. The Owner
or their designated representative provides quality assurance.
Failing test results are the responsibility of the Contractor and any retesting shall be at the Contractor’s
expense. Failing tests are tests that do not meet the minimum requirements identified in the Special
Provisions for either quality assurance or quality control testing.
Payment for preparation of an approved CQC Plan and performance of CQC testing will be on a lump
sum basis and shall be full compensation for supplying and furnishing all materials, equipment,
facilities, services and performing all work necessary to complete the work. Partial payments may be
issued monthly based upon the progress of work and actual cost invoices as determined by the
Engineer. The total of all partial payments for CQC Plan and Testing shall not exceed the lump sum
amount shown in the fee schedule for this item.
ITEM 104-1 CQC PLAN AND TESTING ALLOWANCE
Subsection 104.1.2 – Maintenance of Traffic:
Add the following:
For each Project Work Assignment, all traffic and/or control devices shall be provided, maintained
and/or controlled as specified in Part VI of the Manual of Uniform Traffic Control Devices, 2009 Edition
(U.S. Department of Transportation, Federal Highway Division), and the manual/policies of the agency
in which work is being performed. In all cases during construction, access will be provided for
emergency vehicles, trash collection, and school buses as required. The Contractor will notify schools,
trash collection, emergency services, etc. at least thirty (30) calendar days in advance of implementing
the traffic control plans that may affect their activities. Full closure of any public road or multi-use
trail is not permitted during the construction of this Project without prior approval of the Engineer or
agency in which the work is being performed in. The Contractor shall refer to Section 401 of the Special
Provisions.
Subsection 104.1.3 – Cleanup and Dust Control:
Add the following:
(A) It is the Contractor’s responsibility to minimize dust during all phases of each Project Work
Assignment by taking all precautions necessary. In the event that it is determined by the Engineer
that control of dust is not sufficient, the work will be terminated until the issue is resolved to the
satisfaction of the Engineer. The Owner will not be responsible for any costs or construction
delays incurred for termination or suspension of work due to insufficient dust control measures.
(B) Salvage material shall be stored at designated areas.
(C) Materials not salvaged shall be disposed of properly at a location and in a manner acceptable to
the Engineer.
(D) The Contractor at all times shall keep the premises free from accumulation of waste materials
or rubbish caused by his operations. At the completion of the work, the Contractor shall remove
all equipment, tools, and surplus materials. The Contractor shall completely clean the premises,
removing and disposing of all debris and rubbish, and cleaning all stains, spots, marks, dirt,
smears, etc.
Job Order Contract FCD 2024C007
Page 9 of 27
Supplementary General Conditions
Subsection 104.2 – Alteration of Work:
Add the following:
Cost estimates or pricing proposals shall be itemized to include direct labor by man-hours, individual
craft, hourly wage rate and verifiable labor burden. Other direct costs shall include rental and operator
rates for rented or owned equipment, material trucking expenses and other costs clearly identified and
directly allocable to contract performance. Material costs shall be itemized by item description,
quantity(s) for each item, unit price per item, including applicable sales tax markup, and extended total
price per item.
The Contractor shall provide copies of material supplier quote sheets, invoices or purchase orders, as
appropriate. In the case of a conflict between the unit price and the extended total for a specific item,
the unit price will govern.
Unless otherwise authorized or directed by the Engineer, lump sum cost estimates or price proposals
shall be rejected and returned to the Contractor for itemization as described above. Failure of the
Contractor to submit properly itemized cost estimates or price proposals shall not constitute an
excusable delay.
Subsection 104.2.1 – By the Contracting Agency:
Add the following:
The Flood Control District of Maricopa County may at any time, by written order, and without notice to
the sureties, if any, make changes within the general scope of this contract in any one or more of the
following:
A)
Drawings, designs, or specifications;
B)
Method or manner of performance of the work;
C)
Owner-furnished facilities, equipment, materials, services, or site; and/or
D)
Directing acceleration in the performance of the work.
Any other written order from the Flood Control District of Maricopa County that causes a change shall
be treated as a change order under this section provided that the Contractor gives the Flood Control
District of Maricopa County written notification within two (2) working days after receipt of such
direction stating:
A)
The date, nature, and circumstances of the conduct regarded as a change;
B)
The particular elements of the contract performance for which the Contractor is seeking an
equitable adjustment under this section, including any price or schedule adjustments; and
C)
The Contractor’s estimate of the time by which the Flood Control District of Maricopa County
must respond to the Contractor’s notice to minimize cost, delay, or disruption of
performance.
The Contractor shall diligently continue performance of this contract to the maximum extent possible
in accordance with its provisions. Except as provided in this section, no order, statement, or conduct
of the Flood Control District of Maricopa County shall be treated as a change or entitle the Contractor
to an equitable adjustment. If any change under this section causes an increase or decrease in the
Contractor’s cost of, or the time required for, the performance of any part of the work under this
contract, the Flood Control District of Maricopa County shall make an equitable adjustment and
modify the contract in writing. The equitable adjustment shall not include increased costs or time
extensions for delay resulting from the Contractor’s failure to provide notice or to diligently continue
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Supplementary General Conditions
performance. No proposal for the Contractor for an equitable adjustment shall be allowed if asserted
after final payment under this contract.
Subsection 104.2.4 – At the Contractor’s Request:
Add the following:
Cost Estimate or Price Proposals:
The Contractor and any lower-tier subcontractors shall submit itemized cost estimates or price
proposals for any owner-directed change order or Contractor-initiated claim.
Cost estimates or pricing proposals shall be itemized to include direct labor by man-hours, individual
craft, hourly wage rate, and verifiable labor burden. Other direct costs shall include rental and operator
rates for rented or owned equipment, material trucking expenses and other costs clearly identified and
directly allocable to contract performance. Material costs shall be itemized by item description,
quantity for each item, unit price per item, including applicable sales tax markup, and extended total
price per item. The Contractor shall provide copies of material supplier quote sheets, invoices or
purchase orders, as appropriate.
Lump sum cost estimates or price proposals shall be rejected and returned to the Contractor for
itemization as described above. Failure of the Contractor to submit properly itemized cost estimates
or price proposals shall not constitute an excusable delay.
Add the Following Subsection:
Subsection 104.2.6 – Value Engineering:
The Contractor is encouraged to or may be required to review, develop, prepare, and submit value
engineering change proposals (VECPs).
The VECP shall include the following:
1) A description of the difference between the existing contract requirement and that proposed,
the comparative advantages and disadvantages of each, a justification when an item’s
function or characteristics are being altered, and the effects of the change on the end item’s
performance.
2) A list and analysis of the contract requirements that must be changed if the VECP is accepted,
including any suggested specification revision.
3) A separate, detailed cost estimate for the affected portions of the existing contract
requirements and the VECP. The cost reduction associated with the VECP shall take into
account the Contractor’s allowable development and implementation costs, including any
amount attributable to subcontracts.
4) A description and estimate of costs the Owner may incur implementing the VECP, such as
test and evaluation and operating and support costs. This is an estimate based only on the
Contractor’s understanding of additional efforts to be expended by the Owner, should the
VECP be accepted. The Owner will determine the final cost.
5) A prediction of any effects the proposed change would have on collateral costs to the agency,
i.e., costs of operation or maintenance.
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Supplementary General Conditions
6) A statement of the time by which a contract modification accepting the VECP must be issued
in order to achieve the maximum cost reduction, noting any effect on the contract completion
time or delivery schedule.
Any VECP may be accepted, in whole or in part, through continuous coordination between the
Contractor and Flood Control District of Maricopa County.
SECTION 105 – CONTROL OF WORK
Subsection 105.1 – Authority of the Engineer:
Add the following Subsection:
Subsection 105.1.1 – Engineer's Evaluation:
The Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal
made pursuant to Subsections 105.3.1 and 106.4 of the Supplementary General Conditions. The
Engineer will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed,
or utilized without the Engineer's prior written acceptance that will be evidenced by either a Change
Order or an approved Shop Drawing. The Flood Control District of Maricopa County may require the
Contractor to furnish at the Contractor's expense a special performance guarantee or other surety
with respect to any "or-equal" or substitute.
The Engineer will record time required by the Engineer and Engineer's Consultants in evaluating
substitutes proposed or submitted by the Contractor pursuant to subparagraphs 105.3.1 and 106.4(B)
and in making changes in the Construction Documents (or in the provisions of any other direct
contract with Owner for work on the Project) occasioned thereby. Whether or not the Engineer accepts
a substitute item so proposed or submitted by the Contractor, the Contractor shall reimburse the Flood
Control District of Maricopa County for the charges of the Engineer and the Engineer's Consultants for
evaluating each such proposed substitute item.
All submissions (plans, specifications, etc.) prepared and/or submitted by the Contractor that involves
an engineering change to the original construction plan and specifications shall be sealed by an
Engineer registered in the State of Arizona.
Subsection 105.2 – Plans and Shop Drawings:
Add the following paragraphs:
Shop drawings means drawings, submitted to the Engineer by the Contractor pursuant to the contract,
showing in detail (i) the proposed fabrication and assembly of structural elements and (ii) the
installation (i.e., form, fit and attachment details) of materials or equipment. It includes drawings,
diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test
data, and similar materials furnished by the Contractor to explain in detail specific portions of the work
required by the contract.
Product Data is information on manufactured items, either stock or modified, and includes descriptive
literature, operating data, performance curves, certified dimensional drawings, wiring or schematic
control diagrams, piping, instrumentation, parts lists, and operating, maintenance and lubrication
manuals.
Subsection 105.3 – Conformity with Plans and Specifications:
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Supplementary General Conditions
Add the following Subsection:
105.3.1 - Substitute Construction Methods or Procedures:
If a specific means, method, technique, sequence or procedure of construction is shown or indicated
and expressly required by the Construction Documents, the Contractor may furnish or utilize a
substitute means, method, technique, sequence or procedure of construction acceptable to the
Engineer. The Contractor shall submit sufficient information to allow the Engineer, in the Engineer's
sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by
the Construction Documents. The procedure for review by Engineer will be similar to that provided in
subparagraph 106.4(B).
Subsection 105.5 – Cooperation of Contractor:
Add the following Subsection:
Subsection 105.5.1 – Partnering:
The Flood Control District of Maricopa County intends to encourage the foundation of a partnering
relationship with the Contractor and its subcontractors. This partnering relationship will be structured
to draw on the strength of each organization to identify and achieve reciprocal goals. The objectives
are effective and efficient contract performance, intended to achieve completion within budget, on
schedule, and in accordance with plans and specifications.
This partnering relationship will be bilateral in makeup. Any cost associated with effectuating partnering
will be covered by the Unit Item and limited by this specification. An initial partnering workshop may be
scheduled prior to the Notice to Proceed for each Project Work Assignment, and may be required to
be facilitated by a third party competent in the fundamentals of partnering, and mutually acceptable
to Contractor and Flood Control District of Maricopa County.
The Contractor shall be responsible for scheduling, coordinating, and hiring the third party facilitator,
and planning all of the partnering meetings in consultation with the Engineer. The Contractor shall
obtain specific prior written approval of the Flood Control District of Maricopa County for all initial
partnering workshop expenditures with the exception of facilitator and facility costs. The Flood Control
District of Maricopa County shall be responsible to notify and coordinate attendance at the partnering
meetings by other agencies. To achieve the desired partnering relationships, the Contractor shall
encourage attendance by its major subcontractors on a Project. Follow-up workshops shall be held
periodically throughout the duration of the contract as agreed to by the Contractor and Flood Control
District of Maricopa County. Any expenditure requested for these follow-up meetings shall require the
specific prior written approval of the Flood Control District of Maricopa County.
An integral aspect of partnering is the resolution of disputes in a timely, professional, and non-
adversarial manner. Alternative dispute resolution (ADR) methodologies will be encouraged in place
of the more formal dispute resolution procedures. ADR will assist in promoting and maintaining an
amicable working relationship to preserve the partnering relationship. ADR in this context is intended
to be a voluntary, non-binding procedure available for use by the parties to this contract to resolve any
dispute that may arise during performance.
Payment for the Partnering Allowance will be made on a lump sum basis. Partial payments may be
issued upon the progress of work based on invoices of actual costs as determined by the Engineer.
No Prime Contractor mark-up will be allowed. The cost for attendance at partnering meetings shall
be incidental to the Project and no payment will be made for personnel time in attendance. The total
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Supplementary General Conditions
of all partial payments for Partnering Allowance shall not exceed the lump sum amount shown in the
fee schedule for this item.
ITEM 105-1 – PARTNERING ALLOWANCE
Add the following Subsection:
Subsection 105.5.2 – Pre-Construction Meeting:
After notice-to-proceed of each Project Work Assignment, a pre-construction meeting shall be
scheduled at a location and time (prior to mobilization and start of construction) to be agreed upon
between the Flood Control District of Maricopa County and the Contractor. The Contractor shall make
all necessary arrangements to have key personnel of his company and of his principal subcontractors
present at the meeting. Each representative shall have authority to make commitments and act for his
firm.
The purpose of the pre-construction meeting is to discuss any specific concerns or potential problems
that the Contractor is aware of, to provide general information appropriate to the contract, to identify
responsible individuals for various functions within each organization, and to develop tentative dates
for the start of construction. The Contractor shall submit to the Engineer during the pre-construction
meeting the following documents:
•
Preliminary work schedule/sequence of construction;
•
Preliminary traffic control plan and Contractor contract;
•
Emergency telephone numbers;
•
Signature Authority/Authorization letter;
•
Name and telephone number of the Certified Safety Professional;
•
Preliminary copies of the NOI and SWPPP as per Subsection 107.2.1;
•
Estimated billing schedule;
•
Shop Drawings;
•
Manufacturer’s certification of all materials;
•
Material data safety sheets;
•
Preliminary survey layout, staking and excavation plans;
•
Contractor bid item cost breakdown as noted in the Special Provisions;
•
Proposed pavement mix design composition; and
•
Any other required documents as specified in the SGC’s and SP’s.
The pre-construction meeting will cover topics such as critical elements of the work schedule,
payment application and processing of invoices. Additionally, a scheduled start date for the work will
be determined.
The Contractor shall be responsible to take minutes of the pre-construction meeting and distribute
copies to all meeting participants. The meeting minutes shall be distributed within forty-eight (48)
hours of the meeting. At the subsequent construction progress meeting, the minutes will be attested
or revised, as appropriate. The cost for attendance at the pre-construction meeting, and preparation
and distribution of meeting minutes shall be incidental to a Project and no extra payment will be made.
Add the following Subsection:
Subsection 105.5.3 –Construction Progress Meetings:
Construction progress meetings may need to be scheduled weekly, or as considered necessary by the
Flood Control District of Maricopa County. If required by the Engineer, the Contractor shall make all
arrangements to have key personnel of his company and of his principal subcontractors present at all
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Supplementary General Conditions
progress meetings; representatives shall have authority to make commitments and act for their firms.
The Contractor shall assume full responsibility to act for and commit any subcontractor employed by
the Contractor, whether or not such subcontractor is represented at the meeting.
During the construction progress meeting the Flood Control District’s representative will act as
chairman and will advise the Contractor of any administrative matters connected with the contract.
The Contractor shall submit for review his two-week rolling schedule. The Contractor’s representative
at these meetings shall be prepared to discuss and resolve construction problems and concerns,
material delivery, and vendor data submittals status, construction progress as measured against the
Contractor's accepted construction schedule and the Contractor’s short range construction activities
as provided on his two (2) week rolling schedule. The Contractor shall not be relieved of his
responsibility to fulfill all of the terms of the contract as a result of any inferences drawn or
suggestions made available at these meetings.
The Contractor shall be responsible to take minutes of the construction progress meetings and
distribute copies to all meeting participants. The meeting minutes shall be distributed within forty-
eight (48) hours of the meeting. At the subsequent construction progress meeting, the minutes will
be attested or revised, as appropriate. The cost for attendance at meetings, and preparation and
distribution of meeting minutes shall be incidental to the Project and no extra payment will be made.
Subsection 105.6 - Cooperation with Utilities:
Add the following:
For each Project, an attempt has been made to determine the location of all underground utilities,
drainage pipes, and structures; however, if unexpected conflicts are encountered in the field, the
Contractor shall be responsible for scheduling and coordinating the construction at these locations
with the concerned utility companies so that they can relocate their facilities prior to or concurrent
with the installation of the proposed improvements.
The location of the underground and overhead utilities as shown on the plans is based on the best
available information. However, it shall be the Contractor’s responsibility to field-verify all utility
locations and to coordinate in a timely manner with the pertinent utility companies so that any
obstructing utility installation can be adjusted without causing any delay in the Contractor’s project
schedule, including performing utility locating operations in advance of the work location as
necessary. In addition, the Flood Control District of Maricopa County will not consider additional
compensation requests from the Contractor to perform any potholing, utility company coordination,
etc. needed to locate and/or verify utility locations, adjust contract work items as necessary to avoid
utility line conflicts, cooperate with utilities in adjusting schedule as needed to allow for utility
company work, relocations, etc. The Contractor’s bid shall allow for/include the above
coordination/work/adjustments.
There also exists the strong likelihood that other abandoned older and undocumented underground
utility and irrigation lines exist within the project area. Contractor shall contact Arizona Blue Stake
(telephone number 602-263-1100) a minimum of two (2) working days before beginning any
underground work. In addition, Blue Stake notification(s) shall be maintained on a current basis.
All existing utilities, unless otherwise noted shall be protected-in-place (PIP). Should Contractor's
operations result in damage to any utility the location of which has been brought to its attention, he
shall assume full responsibility for such damage.
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Supplementary General Conditions
The Contractor shall ensure that utility interruptions are kept to a minimum. The Contractor shall
notify the Engineer and affected landowners of utility interruptions at least two (2) days in advance of
any interruptions or as required by the utility company and Contractor shall ensure all utilities are
connected and operable by the end of the workday that the interruption occurs.
It shall be the responsibility of the Contractor to verify the location of all utilities prior to any
construction activities in a particular area where such facilities exist. All existing overhead and
underground utilities shall be protected-in-pace unless otherwise noted on the plans, these
Supplementary General Conditions and/or Special Provisions.
At all times during construction, the Contractor shall comply with all laws, ordinances, rules,
regulations, and safety requirements, including, but not limited to, the National Electric Safety Code
and the Occupational Safety and Health Standards for General Industry when working in the vicinity
of utilities.
Note: The cost for the repair of any damage to utilities, and any loss of revenue due to the loss of
service of a utility that is in any way caused by the Contractor’s actions shall be the sole responsibility
of the Contractor at no cost to the Project, Flood Control District of Maricopa County, or Engineer.
Payment for the Unforeseen Utility Service Line Relocation Allowance will be made on a lump sum
basis. Partial payments may be issued upon completion of work based on invoices of actual costs as
determined by the Engineer. The total of all partial payments for Unforeseen Utility Service Line
Relocation Allowance shall not exceed the lump sum amount shown in the fee schedule for this item.
ITEM 105-2 UNFORESEEN UTILITY SERVICE LINE RELOCATION ALLOWANCE
Add the following Subsection:
Subsection 105.6.3 – Construction Water:
The cost for construction water from any source is considered incidental to a Project. Any cost for
installing meters, monthly service charges, fees, permits, obtaining, transporting, distributions and use
of water for construction activities will be the sole responsibility of the Contractor. No payment of any
kind will be made for construction water.
Subsection 105.7 – Cooperation Between Contractors:
Add the following:
The Contractor shall coordinate and cooperate with other contractors and subcontractors working in
the Project area. There may be capital improvement projects and private development projects
constructed in the immediate vicinity of the Project, during the same time period as the Project
construction.
Subsection 105.8 - Construction Stakes, Lines, and Grades:
Delete this Subsection and replace with the following:
The Contractor must obtain in advance the approval of the Engineer to begin construction of any
channel, basin, embankment or drainage features. Before such construction can begin the Contractor
will perform a survey check of existing ground elevations at the upstream and downstream ends of a
Project and provide such survey to the Engineer for review. This survey will be compared against the
plan and finished grade elevations required at the upstream and downstream end of a Project to
ensure that the Project features can be constructed as shown in the plans and will match the design
elevations without the need to make any adjustments in the profile and grade.
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Supplementary General Conditions
A)
The Engineer will furnish a Benchmark, which the Contractor will use to set line and grade for all
construction. All other surveying required for the Project shall be the Contractor's responsibility.
The Engineer will not set any construction stakes. The Contractor shall be held responsible for
the preservation of all stakes and marks.
B)
Before any construction work is started, the Contractor shall perform all base surveys and cross
sections of existing conditions that may be required as a basis for quantity determination. Cross
sections shall be performed at a minimum of fifty (50) foot stations, at angle points, and the
beginning and ending of curves.
C)
It is mandatory that prior to the commencement of any construction activities, the Contractor and
the Engineer field verify Project control identified on the plans. The physical location and
description will be verified. The horizontal and vertical monument data relative to the assigned
datums will be verified using conventional electronic measurement techniques. Traditional field
notes will be compiled and the original field notes will be provide to the Engineer. Such field
verification will not be accomplished solely using GPS technology and equipment.
D)
Record Drawings for each Project shall be prepared by the Contractor utilizing red-line working
drawings maintained on the Project site by the Contractor. The paper red-line working drawings
shall be maintained by the Contractor in a current condition at all times, and updated at least
weekly until completion of the work and shall be available for review by the Engineer and the
Engineer of Record at all times. The final red-line working drawings shall be provided by the
Contractor to the Engineer or Flood Control District of Maricopa County prior to Project close out
and prior to the final contract payment. Final Project Work Assignment payment may be delayed
if it is found that the red-line working drawings are incomplete or inaccurate, and until appropriate
corrections are made by the Contractor to the red-line working drawings.
E)
Final surveyor as-built drawings sealed by a Land Surveyor registered in the State of Arizona may
need to be provided by the Contractor to the Engineer for review and approval prior to a Project
close out. Final Project Work Assignment payment may be delayed if it is found that the surveyor
as-built drawings are incomplete or inaccurate, and until appropriate corrections are made. The
sealed as-built drawings shall be prepared on durable bond paper.
Payment for the Construction Staking will be made on a lump sum basis and shall be full
compensation for supplying and furnishing all materials, survey stakes, control, and services and
performing all work necessary to complete the work.
ITEM 105-3 CONSTRUCTION STAKING
Subsection 105.11 - Source of Materials and Quality:
Delete the first sentence of paragraph two and replace with the following:
No work shall be done without lines and grades having been established by the Contractor.
SECTION 106 – CONTROL OF MATERIALS
Subsection 106.1 - Source of Materials and Quality:
Add the following:
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Supplementary General Conditions
Select Material, Aggregate Base, Mineral Aggregate, concrete, steel products and pipe shall be
obtained from commercial sources. Contractor shall pay all royalties, or any other charges or
expenses, incurred in connection with the securing and hauling of the material. Contractor will be
required to furnish Engineer with a list of its proposed commercial sources prior to use, and shall
present certificates stating that the material produced from any commercial sources is in accordance
with the MAG Uniform Standard Specifications and the Contract Documents.
Subsection 106.2 – Samples and Tests of Materials:
Add the following:
The Contractor is responsible for all quality control in accordance with these Supplementary General
Conditions, Special Provisions and Construction Documents. The locations (station, elevation, offset
from construction centerline) of all field quality control testing shall be recorded by the Contractor and
submitted to the Engineer in accordance with the Special Provisions.
The Contractor shall be required to calibrate all material testing apparatus outlined in these
specifications, or which may be required for quality control testing, in accordance with the
requirements of the equipment manufacturer.
Subsection 106.4 - Trade Names and Substitutions:
Delete this subsection in its entirety and replace with the following:
Whenever an item of material or equipment is specified or described in the Construction Plans by
using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, and quantity required. Unless the specification
or description contains or is followed by words such as, “equivalent”, "or-equal" or “or equivalent” no
substitution is permitted. Other items of material or equipment from other suppliers or manufacturers
may be accepted by Engineer under the following circumstances:
A)
"Or-Equal": If in the Engineer's sole discretion an item of material or equipment proposed by the
Contractor is functionally equal to that named and sufficiently similar so that no change in related
work will be required, it may be considered by the Engineer as an "or-equal" item, in which case
review and approval of the proposed item may, in the Engineer's sole discretion, be accomplished
without compliance with some or all of the requirements for acceptance of proposed substitute
items.
B)
Substitute Items: If in the Engineer's sole discretion an item does not qualify as an "or-equal"
item under subparagraph 106.4 (A), it will be considered a proposed substitute item. The
Contractor shall submit sufficient information as provided below to allow the Engineer to
determine that the item of material or equipment proposed is essentially equivalent to that named
and an acceptable substitute therefore. The procedure for review by the Engineer will include the
following and may be supplemented in the Special Provisions. The Engineer may decide what is
appropriate under the circumstances. The Engineer will not accept any requests from anyone
other than the Contractor for review of proposed substitute items of material or equipment.
If the Contractor wishes to furnish or use a substitute item of material or equipment, the
Contractor shall first make written application to the Engineer for acceptance thereof, certifying
that the proposed substitute will perform adequately the functions and achieve the results called
for by the general design, be similar in substance to that specified and be suited to the same use
as that specified. The application will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice the Contractor's achievement of completion
on time, whether or not acceptance of the substitute for use in the Work will require a change in
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Supplementary General Conditions
any of the Construction Documents (or in the provisions of any other direct contract with the
Owner for work on the Project) to adapt the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with the work is subject to payment of any
license fee or royalty.
All variations of the proposed substitute from that specified will be identified in the application
and available maintenance, repair and replacement service will be indicated. The application will
also contain an itemized estimate of all costs or credits that will result directly or indirectly from
acceptance of such substitute, including costs of redesign and claims of other Contractors
affected by the resulting change, all of which will be considered by the Engineer in evaluating the
proposed substitute. The Engineer may require the Contractor to furnish additional data about
the proposed substitute.
C)
Contractor's Expense: All data to be provided by the Contractor in support of any proposed
"or-equal" or substitute item will be at the Contractor's expense.
D)
If the final placement of a product will remain the property of the municipality or utility and/or
owned by the municipality or utility, that entity is responsible for issuing written approval for any
equivalent or “or-equal” products. The Contractor or Supplier will submit to that entity the request
and documentation for written approval of a product substitution. The Contractor will provide
the entity’s written approval to the Engineer at the Pre-Construction Meeting.
Subsection 106.5 – Storage of Materials:
Add the following:
The Contractor shall obtain approval of the Engineer when using private property to park and service
equipment and store materials for use. The Contractor shall obtain prior written approval of the
property owner for such use and submit a copy of the approval to the Engineer prior to use of the
property.
The Contractor will monitor on a daily basis all activities within the Contractor Work Area (CWA),
whether on Flood Control District of Maricopa County or private property, that may result in the leakage
of oils, fuels, etc., which may contaminate soils, and promptly report any suspected leaks to the
Engineer. The Contractor will be solely responsible at his cost to correct and clean up any such
leakage or other related problems.
The Contractor shall grade all construction yards, easements and limits of construction which are
disturbed by construction or construction related activities to the lines and grades shown on the plans;
or as a minimum, where no line or grade is shown, to a condition similar to or better than the pre-
existing condition.
The Contractor understands that use of District property, or private property, for a CWA is solely at his
own risk. No compensation will be made to the Contractor for any damage to or loss of equipment
and/or other valuables with the CWA.
Add the following Subsection:
Subsection 106.5.1 – Contractor Access:
The Contractor shall have rights to access those lands shown in the plans as being within the Project
boundary. Access generally will be at the section line roads along the Project. The Contractor shall
not use private property to access the Project area without first obtaining written permission of the
property owner, and providing evidence of such permission to the Engineer.
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Supplementary General Conditions
SECTION 107 – LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC
Subsection 107.2 - Permits:
Delete this Subsection in its entirety and replace with the following:
The Contractor shall obtain all permits and licenses, including those required by a City, Town, State of
Arizona, Maricopa County, U.S. Government, or any other local or federal agency, and shall pay all
charges, fees, taxes and provide all notices necessary and incidental to due and lawful prosecution of
the work. Permits for earth moving may be obtained from Air Pollution Control, Maricopa County
Department of Environmental Management, 2406 South 24th Street, Suite E-214, Phoenix, Arizona
85034, telephone number 602-506-6700. It is the responsibility of the Contractor to verify permit
application fees.
Add the following Subsection:
Subsection 107.2.1 - AZPDES Permit Requirements:
A)
This Project is subject to the Arizona Pollutant Discharge Elimination System (AZPDES) storm
water requirements for construction sites under the Arizona Department of Environmental Quality
(ADEQ) General Permit for Arizona and the Maricopa County Storm Quality Management
Regulation. Under provisions of the State and County permits, the Contractor shall be designated
as permittee, and shall take all necessary measures to assure compliance with the AZPDES
General Permit for Arizona as well as all other applicable Federal, State and local laws,
ordinances, statutes, rules and regulations pertaining to storm water discharge.
As the permittee, the Contractor is responsible for preparing, in a manner acceptable to the ADEQ,
all documents required by this regulation, including but not necessarily limited to:
1) Storm Water Pollution Prevention Plan (SWPPP) for the Project, including certification of
compliance form. Contractor shall be required to develop, implement, update, and revise the
SWPPP, as necessary, in order to assure compliance with the ADEQ permit requirements.
The SWPPP shall be retained on the Project site at all times during construction.
2) Notice of Intent (NOI) to assure compliance with the AZPDES General Permit for Arizona,
including certification of signatures.
3) Notice of Termination (NOT) of coverage under AZPDES General Permit for Arizona.
B) Preliminary copies of the NOI and the SWPPP shall be submitted to Owner during the pre-
construction meeting and shall be subject to review by Owner prior to implementation.
C) The Contractor shall submit the completed and duly signed NOI forms to ADEQ no later than seven
(7) business days after the contract award. Proof of the submittal date must be provided to the
Owner. If the work is within one-quarter (¼) mile of an Impaired or Unique Water, the SWPPP needs
to be submitted with the NOI to ADEQ. If the location is farther away than that, no SWPPP needs
to be submitted to ADEQ but it still must be available on site.
D) If the work has the potential to discharge to a municipal separate storm sewer system (MS4), the
Contractor shall also forward a copy of the completed NOI to the owner/operator of the MS4
system at the time it is submitted to ADEQ. Whenever the owner/operator changes or another is
added during the construction project, the Contractor shall submit a copy of the completed NOI to
be authorized under this permit to the new owner/operator.
E) When the discharge is to an Impaired or Unique Water or is in or near endangered species habitat
as identified by ADEQ's smart NOI permitting system, applicants are not authorized under this
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Supplementary General Conditions
permit for a minimum of thirty-two (32) business days following the receipt of the NOI and SWPPP.
ADEQ may notify operators within this timeframe that there is cause for SWPPP amendment, or
denial of coverage as specified in Parts 1.D.5 and 1.D.6 of the general permit. If notification is not
received in the thirty-two (32) business day time-frame, the Contractor may assume coverage
under this permit according to ADEQ requirements. Contractor must notify Owner of the status of
the NOI prior to commencing work. The applicant shall submit the NOI (application) to:
Arizona Department of Environmental Quality
Water Permits Section/Stormwater NOI (5415B-3)
1110 W. Washington Street
Phoenix, Arizona 85007
Failure by the Contractor (or Subcontractors of any tier) to submit NOI’s within the mandated time
frame shall result in delay of the construction start date, and no claim for extension of time will
be granted for such delay. A copy of the completed NOI shall be posted at the construction site
and a copy of the general permit and SWPPP should be on-site at all times.
F) Inspections of all storm water pollution control devices on the Project shall be performed by
Contractor every seven (7) days or at least once every fourteen (14) calendar days, and also within
twenty-four (24) hours of the end of a storm event of one-half (0.50) inches or greater as required
under provisions of the AZPDES General Permit for Arizona. A reduced inspection frequency may
be used provided the conditions in Part IV.H.2. of the general permit have been met.
Contractor shall prepare reports on such inspections and retain the reports for a period of three
(3) years after permit coverage expires or is terminated. Inspection reports shall be submitted
monthly to Owner along with progress payment requests. Additionally, Contractor shall maintain
all storm water pollution control devices on the Project in proper working order, which shall
include cleaning and/or repair during the duration of the Project.
G)
The Contractor warrants that its employees and Subcontractors of any tier and their employees
shall at all times comply with all applicable laws, ordinances, statutes, rules and regulations set
forth by all federal, state and local governments and the ADEQ in connection with AZPDES
Permitting requirements and laws and regulations pertaining to air, groundwater, and surface
water quality. Fines and penalties imposed by the ADEQ against Owner or the Contractor for
Contractor's failure to comply with any of the requirements of AZPDES General Permit of Arizona
shall be borne by the Contractor.
H)
Upon each Project completion, acceptance and demobilization, Contractor shall submit its
completed, duly executed NOT form to the ADEQ at the address listed in Section (C) above,
thereby terminating all AZPDES permit coverage for a Project. Contractor shall then surrender to
Owner copies of the SWPPP, inspection information and all other documents prepared and
maintained by the Contractor in compliance of the AZPDES General Permit. Contractor shall
retain the originals of such documents for a period of three (3) years following the completion of
a Project.
I)
The Lump Sum price for the SWPPP shall include all material, labor, and all other costs relating
to the preparation, installation and maintenance of the SWPPP during Project construction,
including assuring proper operation of the pollution control devices installed, and all
maintenance, cleaning, and disposal costs associated with clean-up and repair following storm
events, runoff or releases on the Project. The Lump Sum price for the SWPPP shall be inclusive
of all costs, and the Contractor shall make no additional claims under any other specification
Job Order Contract FCD 2024C007
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Supplementary General Conditions
provision of these documents, including Changed Conditions. Payment of fifty percent (50%) for
this bid item shall be made at the beginning of the Project, and the remaining payment made
upon final completion and acceptance of the Project, as per MAG Subsection 109.7.
J)
Copies of all required forms and guidance for preparing the SWPPP are available in the "Drainage
Design Manual for Maricopa County, Volume III Erosion Control." The manual is available at the
Flood Control District, 2801 West Durango Street, Phoenix, Arizona 85009 and is available on the
District website at http://www.fcd.maricopa.gov/Pub/manuals/erosionControl.apsx. For
appropriate guidance and forms as provided by ADEQ the Contractor should refer to the ADEQ
website at: http://www.adeq.state.az.us/environ/water/permits/stormwater.html#const.
Payment for AZPDES / SWPPP permit requirements shall be made on the basis of lump sum for all
work described in Subsection 107.2 .1 of these Supplementary General Conditions.
ITEM 107-1 AZPDES / SWPPP PERMITS
Subsection 107.4 - Archeological Reports:
Add the following:
Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the
Contractor, or any person working on his/her behalf, shall be immediately reported to the Engineer.
The Contractor shall suspend all operations in the immediate area of such discovery until written
authorization to proceed is issued by the Engineer.
An evaluation of the discovery will be made by authorized personnel and the Engineer to determine
appropriate actions to prevent the loss of significant cultural or scientific resources. The Contractor
shall prevent his employees from trespassing on, removing, or otherwise disturbing such resources.
Subsection 107.5 – Safety, Health & Sanitation Provisions:
Add the following:
The entire construction site shall be considered a "Hard Hat Area" and all personnel in the area will be
required to wear a hard hat. This includes all Contractor personnel and Subcontractor’s employees.
Add the following Subsection:
Subsection 107.5.3 - Compliance with the Arizona Communication Standard:
The Flood Control District of Maricopa County will provide the Contractor with Material Safety Data
Sheets (MSDS) for any products known to exist on the site that are deemed to be health hazards. The
Contractor will provide a copy of Owner-provided MSDS to all Subcontractors.
The Contractor will provide the Flood Control District of Maricopa County and all Subcontractors with
MSDS for any products that have or are deemed health hazards that will be brought onto the site or
created on the site either by Contractor or by any Subcontractors.
The Contractor will provide the Flood Control District of Maricopa County with a statement certifying
that all personnel (Contractor and Subcontractor) employed by Contractor or by a Subcontractor on
the job site have received the required Hazard Communication Standard training.
Subsection 107.6 – Public Convenience and Safety:
Add the following:
The work area is within and adjacent to areas of public use, including roadways and businesses. The
Contractor shall provide protection measures, including, but not limited to, temporary fencing, as
required to ensure the safety of the public in areas adjacent to the work area.
Job Order Contract FCD 2024C007
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Supplementary General Conditions
Add the following Subsection:
Subsection 107.6.3 - Public Information and Notification:
Informing the public on a regular basis of construction activities and associated disruptions and
inconveniences will be extremely important on this Project. The Contractor shall employ a specialty
public information service as a subcontractor to provide the community relations program for the
Project as described herein. Contractor shall work closely with his subcontractor in developing and
carrying out the community relations program. Contractor shall submit a history of the
subcontractor's qualifications and experience in public information services at the pre-construction
conference for acceptance by the Engineer. The community relations program shall be designed to
run the full length of calendar days in the contract for this Project. The program will include but not
be limited to:
1)
Distributing a pre-construction information letter to all residents, businesses, etc. within one-half
mile of the Project site, in all directions, or as agreed to by the Engineer. All printed materials
must be in English and Spanish.
2)
Printing and distribution of public notices and/or newsletters (at least monthly) as required or as
directed by the Engineer. All printed materials must be in both English and Spanish as agreed to
by the Engineer.
3)
All public involvement and information activities will be in accordance with the Flood Control
District of Maricopa County “Public Involvement and Public Information Guidelines, Latest Edition
(August 2006)”, a copy of which can be obtained from the Flood Control District Public
Involvement Office at 602-506-2983.
The Contractor will use these or other means to inform the local citizens of necessary operations
which create high noise levels, street closures, limited access, water and sewer service disruption,
detour locations, haul route and material delivery routes, hours of construction and disruption of bus,
trash, school bus and other delivery/pick-up routes.
The Contractor may be required to furnish a private line telephone to be used solely for receiving
incoming calls from local citizens with questions or complaints concerning construction operations
or procedures for a project. The Contractor shall publish this phone number and maintain a twenty-
four (24) hour answering service. The answering service must be fluent in both English and Spanish
and shall be operated by Contractor personnel during all hours that work is being performed on the
job site. The Contractor shall maintain a log of incoming calls, responses, and action taken that shall
be submitted to the Engineer weekly and/or upon request.
Prior to the start of work, the Contractor may be required to notify, by letter, all affected businesses
and residents of construction plans and schedules within the geographic area identified above. In
addition, all schools and emergency services which serve the geographic area will also be notified
even though they may be located outside the geographic area described above. The letter shall
contain, as a minimum, the following information:
1. Name of Contractor;
2. Contractor twenty-four (24) hour telephone complaint number;
3. Brief description of the Project;
4. Name of Contractor Project superintendent;
5. Name of Engineer;
Job Order Contract FCD 2024C007
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Supplementary General Conditions
6. Name of area supervisor;
7. Construction schedule including anticipated work hours;
8. Traffic regulations including lane restrictions; and
9. City/Town Project Manager phone number
If required for a project, the Contractor shall submit a Public Information and Notification Plan to the
Engineer at the pre-construction meeting. No payments shall be made for this item until the Engineer
approves the plan.
The plan and work which is eligible for reimbursement shall include: meetings with impacted
businesses, schools, emergency services, residents, etc.; scheduling; preparation and distribution of
newsletter at least monthly; and maintaining a twenty-four (24) hour telephone hot line for complaints.
In the Temporary Construction Easement areas, the Contractor shall meet with residents and property
owners in advance of construction activities to coordinate relocations or confinement of livestock,
installation of temporary fencing, construction activities and schedule, and restoration of fencing and
gates. Any upgrades to existing fencing and gates that are restored for such properties arranged by
the owners and Contractor shall be at no additional cost to the Flood Control District of Maricopa
County, unless approved in writing by the Engineer.
The Contractor shall submit a final report/evaluation of the Public Information and Notification
process performed for this Project. This report shall be submitted before the Contractor receives final
payment.
Payment for the Public Information and Notification Allowance will be made on a lump sum basis.
Partial payments may be issued upon the progress of work based on invoices of actual costs as
determined by the Engineer. No Prime Contractor mark-up will be allowed. The total of all partial
payments for Public Information and Notification Allowance shall not exceed the lump sum amount
shown in the fee schedule for this item.
ITEM 107-2 PUBLIC INFORMATION AND NOTIFICATION ALLOWANCE
Add the following Subsection:
Subsection 107.6.4 - Project Signs:
Contractor may be required to provide and install Project information signs, at locations to be
determined by the Engineer, at the start of construction to inform the public of a forthcoming Project,
construction dates, and suggested alternate travel routes. Signs shall be located at the downstream
end and at the upstream end of the Project. The other sign shall be placed on the major north-south
mile streets in both directions of traffic. In any case, the Engineer at any time may ask the Contractor
to remove and relocate the signs as he/she deems appropriate. Project signs shall include the names
of all agencies participating in the Project. The signs shall be in English and Spanish and include the
24-hour hotline complaint telephone number. Signs shall be constructed in accordance with the
Project Sign Information drawing to be provided to the Contractor at the pre-construction meeting.
The signs shall be installed at the location(s) approved by the Engineer. The Contractor shall maintain
the signs as necessary, and update the information as requested by the Engineer.
Payment for Project Signs Allowance shall be made on the basis of actual costs incurred not to exceed
the lump sum allowance indicated the fee schedule.
Job Order Contract FCD 2024C007
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Supplementary General Conditions
ITEM 107-3 PROJECT SIGNS ALLOWANCE
Subsection 107.8 – Use of Explosives:
Delete this subsection in its entirety and replace with the following:
The use of explosives will NOT be permitted for any construction activities on the Project.
Subsection 107.9 - Protection and Restoration of Property and Landscape:
Add the following:
Under no circumstances shall the disposal of debris from construction operations create a blemish
on the landscape. Material, which is to be stockpiled or disposed of off-site, shall not encroach on
running or intermittent streams, or other waters of the U.S. unless the Contractor has obtained the
appropriate permits in accordance with applicable state and federal regulations.
The Contractor shall protect-in-place all existing structures and other features along the Project
corridor and as may be identified on the plans, including but not limited to existing utilities, mail boxes,
chain link fences, irrigation facilities, roadways, traffic signs, fencing, block walls, signs, railroad, and
other structures and features near construction activities and existing vegetation outside of the right-
of-way limits.
The Contractor will grade all Temporary Construction and Permanent Easement areas, and Project
areas which are disturbed during construction to the lines and grades shown on the plans, or as a
minimum, where no lines and grades are shown, to a condition similar to or better than the pre-existing
condition. Any disturbed areas resulting from the construction activities shall be appropriately re-
vegetated upon completion of the Project.
Areas and features shown on the plans as restricted areas shall not be encroached upon by the
Contractor. The Restricted Areas will be shown on the Project plans identified as “Project limits” and
are areas to be protected during construction. Any encroachment into these areas by the Contractor
may result in penalties to the Contractor from the Engineer. The Contractor will be responsible for
replacement of any habitat within the restricted areas that is disturbed during construction to the
satisfaction of the Engineer. Prior to any activities, the Contractor shall schedule with a minimum
seven (7) days advance notice a field demarcation of the restricted areas with the owner’s
representative. The Contractor shall provide labor and materials to delineate these areas, as directed
by the owners representative, and shall maintain these through construction. These areas will be
delineated using two (2) strands of one-quarter (¼”) inch yellow rope, flagging, and steel T posts to
accurately delineate the area. This delineation shall be maintained during the duration of the Project,
and shall be reset by the Contractor if washed out or otherwise damaged.
Payment for the Restricted Areas Delineation will be made on a lump sum basis and shall include full
compensation for supplying and furnishing all materials, equipment, tools, and services necessary to
complete the work. Partial payments may be issued upon the progress of work based on invoices of
actual costs as determined by the Engineer. No Prime Contractor mark-up will be allowed. The total
of all partial payments for Restricted Areas Delineation shall not exceed the lump sum amount shown
in the fee schedule for this item.
ITEM 107-4 – RESTRICTED AREAS DELINEATION
Subsection 107.10 - Contractor's Responsibility for Work:
Add the following:
Job Order Contract FCD 2024C007
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Supplementary General Conditions
Contractor shall maintain dust control measures at all times during the Project. This is especially
important along the Project in the vicinity of residential areas. The Engineer reserves the right to direct
the Contractor to maintain dust control measures. Contractor shall take all necessary action to
protect the public from the construction work area. The Contractor will also notify the Engineer of any
unauthorized personnel in the Project area, including the presence of the general public.
Contractor is advised that work may be subject to storm water flows of varying amounts and shall be
responsible for controlling and handling storm water and other flows throughout the construction site,
both surface drainage and channel flows. Contractor shall take all necessary precautions to protect
his/her work from damage that may be caused by such runoff and ponding.
Management of surface flows, subsurface flows, and groundwater within the Project limits will be
necessary in order to construct a Project. The Contractor may be required to develop a plan for each
Project Work Assignment for such water management and submit it to the Engineer for review.
Payment for Storm Water Management will be made on a lump sum basis and shall include full
compensation for all equipment, labor, materials, and restoration of any disturbed areas. No payment
will be made for providing excavation protective works for items such as dewatering. The cost thereof
shall be included in the price for the construction or installation of the items to which said excavation
protective works are incidental or appurtenant. Partial payments may be issued upon the progress of
work based on invoices of actual costs as determined by the Engineer. No Prime Contractor mark-up
will be allowed. The total of all partial payments for Storm Water Management shall not exceed the
lump sum amount shown in the fee schedule for this item.
ITEM 107-5 STORM WATER MANAGEMENT
SECTION 108 – COMMENCEMENT, PROSECUTION AND PROGRESS
Subsection 108.1 - Notice to Proceed:
Add the following:
(C) For each Project Work Assignment, prior to beginning of mobilization work, the Contractor shall
prepare and submit a Project Construction Work Plan for review and approval by the Engineer.
The Construction Work Plan shall describe in detail the means and methods of work, level of
effort, safety plan, access plan, and project schedule. Mobilization work shall not be initiated
until the Work Plan has been approved by the Engineer.
Payment for the Work Plan Allowance will be made on the basis of Lump Sum amount.
ITEM 108-1 CONSTRUCTION WORK PLAN ALLOWANCE
Subsection 108.2 - Subletting of Contract:
Add the following:
For this Project, the Contractor shall perform, with its own organization, work amounting to fifty
percent (50%) or more of the total contract cost.
Subsection 108.4 - Contractor's Construction Schedule:
Delete this Subsection in its entirety and replace with the following:
Contractor shall submit a proposed cost loaded Critical Path Method (CPM) work schedule to
Engineer at the pre-construction meeting for review before starting work using a software program
Job Order Contract FCD 2024C007
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Supplementary General Conditions
that is acceptable to the Engineer. The Contractor shall supply the Engineer with a copy of the
scheduling software and valid license for use during construction. The Contractor shall submit 2-week
look-ahead schedules to Engineer at the weekly coordination meeting. The Contractor shall be
responsible for the preparation and submittal to the Engineer, fully updated Project schedules on a bi-
monthly basis.
Contractor shall be solely responsible for the planning, scheduling and execution of the work to assure
timely completion of the Project.
Add the following Subsection:
Subsection 108.4.1 - Contractor's Billing Schedule:
The Contractor shall furnish the Engineer an Estimated Billing Schedule, which shall include the
estimated amount of each billing for the total Project at the pre-construction conference, and
thereafter at monthly intervals as agreed to between the Contractor and Engineer.
Subsection 108.5 - Limitation of Operations:
Add the following:
The normal workweek shall be forty (40) hours, Monday through Friday, and the work hours will be
determined at the pre-construction meeting. This does not imply that this contract can be completed
on time utilizing normal working hours. The Contractor shall furnish sufficient forces and shall work
such hours including overtime operations as necessary to ensure the completion of the work within
the time required. No night work will be allowed on this Project unless approved by the Engineer.
Subsection 108.9 - Failure to Complete on Time:
Add the following:
The actual cost per calendar day incurred by the District for Administrative and Inspection Services on
this Project will be added to the daily charges as shown in MAG TABLE 108-1, LIQUIDATED DAMAGES,
and will be deducted from money due or to become due to the Contractor for each and every calendar
day that work shall remain incomplete after the time specified for the completion of the work in the
proposal, or as adjusted by the Engineer. Nothing contained in this provision shall prohibit the Owner
from deducting from money due or to become due to the Contractor for any other costs incurred by
the Owner directly attributable to the delay in completing this contract.
SECTION 109 – MEASUREMENTS AND PAYMENTS
Subsection 109.1 – Measurement of Quantities:
Add the following:
The term “Neat Lines” as used in the Special Provisions shall be: the line or plane defining the limits
of work, particularly in excavation and/or fill placement of earth or rock. Excavation and/or fill
placement beyond the neat lines are not entitled to payment unless authorized in advance by the
Engineer.
Subsection 109.2 - Scope of Payment:
Add the following:
In addition to the contained provisions, the work under this section shall consist of preparatory work
and operations, including but not limited to, the movement of personnel, equipment, supplies and
incidentals to the Project site, the establishment of all offices, buildings and other facilities necessary
for work on the Project, and for all other work operations that must be performed and costs incurred
prior to beginning work on the various items on the Project site.
Job Order Contract FCD 2024C007
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Supplementary General Conditions
The “complete-in-place” rate shall include but not necessarily be limited to all labor, material and
equipment costs for preparation, installation, construction, modification, alteration or adjustment of
the items, which shall include all costs for salaries and wages, all payroll additives to cover employee
benefits, allowances for vacation and sick leave, company portion of employee insurance, social and
retirement benefits, all payroll taxes, contribution and benefits imposed by any applicable law or
regulation and any other direct or indirect payroll-related costs. The rate shall also include but not
necessarily be limited to all costs for indirect charges or overhead, mileage, travel time, subsistence,
materials, freight charges for material to Contractor’s facility or Project site, equipment rental,
consumables, tools, insurance to the levels specified in Section 103.6 CONTRACTOR’S INSURANCE,
all applicable taxes, as well as Contractor’s fee and profit. This rate shall further include all site clean-
up costs and hauling of construction debris to disposal sites designated by the Engineer.
It is the responsibility of the Contractor to contact all municipalities in the area to determine if they
will charge Contractor sales taxes or any fees for work on this Project. The Contractor shall pay any
such taxes or fees.
Delete the second and third paragraphs of (B) and replace with the following:
For each Project Work Assignment, the final payment will be made to the Contractor by the Flood
Control District of Maricopa County within thirty (30) days following receipt of the As-Built plans, and
Certificate of Performance. If payment will be longer than thirty (30) days as aforesaid, the Flood
Control District of Maricopa County will provide Contractor specific written findings for reasons
justifying the delay in payment.
Subsection 109.10 – Payment for Mobilization/Demobilization:
Delete this subsection in its entirety and replace with the following:
The work under this section shall consist of preparatory work and operations, including but not limited
to, the movement of personnel, equipment, supplies and incidentals to the Project site; and for all other
work and operations that must be performed and costs incurred prior to beginning work on various
items on the Project site. The payment basis, details and schedule for Mobilization/Demobilization
will be at the discretion of the Flood Control District of Maricopa County. Refer to Section 202 of the
Special Provisions for additional information.
SECTION 110 – NOTIFICATION OF CHANGED CONDITIONS AND DISPUTE RESOLUTION
Keep this Section in its entirety:
The Contractor and Flood Control District of Maricopa County shall follow the established rules of the
latest revisions/updates to MAG Uniform Standard Specifications.
Job Order Contractor
for the Flood Control
District of Maricopa
County
SERIAL # 240008-JOC
CONTRACT # 2025C003-2024C010
Due Date: Thursday, January 25, 2024
Due Time: 2:00 p.m.
AZ ROC # 320430
22849 N 19th Ave Ste 120, Phoenix, AZ 85027 | Phone (602) 708-7377 | www.fpscivil.com
January 25, 2024
Corry Slama, County Procurement Supervisor
Paul Shamrock, Procurement Officer
Maricopa County Office of Procurement Services
320 W. Lincoln Street, Suite 700
Phoenix, AZ 85003
RE: Statement of Qualifications
Job Order Contractor for the Flood Control District of Maricopa County
Bid Number 240008-JOC
Dear Selection Committee Members:
The Flood Control District of Maricopa County (FCDMC) is in need of an experienced successful Job Order
Contractor (JOC) team with a commitment to partnering and demonstrated success on multiple JOC’s. The FPS
Civil, LLC (FPS) team provides that successful experience on previous projects for the FCDMC. The FPS Team
has provided earthwork, concrete, storm drain, and surface improvements for numerous projects to demonstrate
our expertise, professionalism, reliability and partnering attitude to be the best choice for your JOC.
▶Experienced Team: The FPS team has a combined 254 years of management experience to dedicate
to the FCDMC including recent management hires.
▶Local Resources: FPS has all of the available resources to provide the right equipment and crews to
be ready for your projects.
▶Process and Facility Knowledge: The FPS team has worked directly with FCDMC personnel and
knows what is required for successful projects. We know your facilities and understand what is expected
to ensure their integrity.
▶Banking and Bonding Strength: FPS has strong banking and bonding relationships to ensure financial
stability and bonding capacity for your JOC.
▶Proven Partner: FPS understands what it takes to be a valued member of the project team and deliver
successful projects. In addition to storm drain, earthwork, concrete structures and surface treatment
experience, FPS brings an industry leading safety record with ZERO loss time and recordable incidents
in 2023, efficient and effective pre-construction and price modeling, and proven ability to self-perform
lending added assurances to your project’s success.
▶General Contractor Arizona License: FPS Civil, LLC is an Arizona Limited Liability Company. Our
firm holds a KA Dual Engineering License with the Arizona Registrar of Contractors, License 320430.
A copy of our current license is referenced in the appendix and attachments section of this proposal.
We sincerely appreciate the opportunity to present our Statement of Qualifications for the Flood Control
District of Maricopa County Job Order Contract. If you have any questions, please feel free to contact me at
WFrance@FPSCivil.com or 602-721-3628.
Sincerely,
Warren France
President
1) ) Prior Experience
Prior Experience
1.1 City of Tempe Underground Utility JOC - Contract held from 07/2019 to Current
a) Average number of projects, projects completed, average cost per project.
The FPS team proposed for your JOC has been part of numerous JOC projects working for various agencies across the
Phoenix metropolitan area since 2004; this includes working with the Flood Control District of Maricopa County on prior
and current projects.
JOC’s and projects similar in nature to your solicitation are listed below in detail:
c) Services provided.
d) Construction phase cost estimating experience.
f) Budget estimate, the estimate, and the final contract amount for each project.
g) Construction quality.
h) Construction schedule.
j) Claims resolution with subcontractors, vendors and material suppliers.
i) Firms approach to potential problems or solved actual problems as early and as rapidly as practicable.
k) Quality and productive interaction between the firm and major participants.
1
FPS Civil has never filed a claim or had a claim filed against us. Open communication was always key. We deal openly
and honestly with all of our vendors and subcontractors and provided all project expectations prior to finalized pricing.
The Tempe JOC averages 9 projects per year including emergency work. The average cost per project is $505,000
This JOC varies from small water valve and service replacements at a cost of $50,000 to medium size project including
manholes, vaults, transmission main replacements at a cost of $1,500,000 to a large scale project at $5,430,000.
During the pre-construction phase, FPS offers open book cost modeling, estimating, and design services including value
engineering, constructability and scheduling and final design review.
During the construction phase FPS regularly self performs up to 100% of projects as required. If specialized subcontractors
are needed, we have a strong team of qualified partners. We can also incorporate quality control, survey, and engineering
during construction and in post construction closeout.
FPS provides open book GMP’s including detailed break down of labor, equipment, materials, and overhead costs. All
estimating and scheduling milestones are communicated in the preconstruction phase to ensure the owner’s needs are
met. Multiple GMP’s are provided for early procurement as needed.
Open book pricing is provided with detailed description including man hours, equipment and material cost and
subcontractor proposals. Allowances can be used to provide protection from cost overruns if unknowns are encountered.
The budget starts with agreed upon unit rates and quantities for a specific job order. Underruns result in money being
returned to the owner at the completion of the project. There are no change orders unless additional work is requested
by the owner.
Construction quality is maintained with a thorough understanding of plans, details, specifications and knowledge of the
owner’s preferences. One of FPS’s quality control managers supervises all activities.
Issue resolution is achieved by our commitment to always partner with the owner. Issues are resolved at the field level
by on-site supervisors to avoid escalation. FPS has never encountered the need to escalate any issues.
All project stakeholders are invited to weekly meetings to review progress and any upcoming challenges. Our commitment
for all projects is to have open and transparent communication throughout the entire project. We hold ourselves and our
subcontractors accountable to meet the project’s schedule and quality requirements.
Erich Bonz, Senior Civil Engineer, City of Tempe, Erich_Bonz@tempe.gov, (480) 350-5827
Jim Cooper, Engineering CM, City of Tempe, James_Cooper@tempe.gov, (480) 662-6852
All projects have been completed within the original project schedule and most completed ahead of schedule.
b) Size, schedule, budget and complexity of each project.
e) Process to establish price and keep the project costs within estimate.
l) Client References.
1.2 Maricopa County Flood Control District East Maricopa Floodway Low Flow Channel - Germann
Rd. to Power Rd
2
a) Average number of projects, projects completed, average cost per project.
c) Services provided.
d) Construction phase cost estimating experience.
f) Budget estimate, the estimate, and the final contract amount for each project.
g) Construction quality.
h) Construction schedule.
j) Claims resolution with subcontractors, vendors and material suppliers.
i) Firms approach to potential problems or solved actual problems as early and as rapidly as practicable.
k) Quality and productive interaction between the firm and major participants.
FPS Civil has never filed any claims or had any claims filed against us. Open communication was always key. We deal
openly and honestly with all of our vendors and subcontractors and provided all project specific scopes and requirements
prior to getting pricing from them for the work.
This project was a design-bid-build at a cost of $2,935,074.
This project consisted of the placement of 12,363 LF of reinforced concrete low flow channel, 16,307 CY of excavation
and 98,184 SY of fine grading plus 81,700 SY of hydro mulch. This project was completed ahead of scheduled completion
date.
Excavation, survey and compaction for the channel was performed to exacting specifications. Environmental controls
for dust and storm water management were implemented continuously. Post completion dust palliatives were added to
ensure soil stability for the future.
This was a unit cost project with phasing being necessary for water management issues.
FPS was awarded this project based on being the lowest responsible bidder.
Budget estimate was provided at bid time to establish contract value. Change orders were provided for additional work
requested by the owner.
Construction quality was maintained with a thorough understanding of plans, details, and specifications. Quality control
(QC) was provided for all soil densities and concrete placement and quality assurance (QA) confirmed results.
Issue resolution is achieved by our commitment to always partner with the owner. Issues were resolved at the field
level by on-site supervisors to avoid any escalation.
All project stakeholders were invited to weekly meetings to review progress and any upcoming challenges. Our
commitment to the project was to have open and transparent communication. We hold our subcontractors accountable
to meet the project’s schedule and quality requirements. There were no complaints made to the public information
hotline.
John Rodriguez (formerly FCDMC), John.Rodriguez@mesaaz.gov, (602) 526-9354
Mike Stanley, Construction Associate Project Manager, FCDMC, Mike.Stanley@Maricopa.Gov, (602) 980-0451
This project was completed 30% ahead of schedule by 89 days.
b) Size, schedule, budget and complexity of each project.
e) Process to establish price and keep the project costs within estimate.
l) Client References.
2
1.3 Maricopa County Flood Control District East Maricopa County Floodway Low Flow Channel -
Guadalupe Rd. - Ray Rd.
3
a) Average number of projects, projects completed, average cost per project.
c) Services provided.
d) Construction phase cost estimating experience.
f) Budget estimate, the estimate, and the final contract amount for each project.
g) Construction quality.
h) Construction schedule.
j) Claims resolution with subcontractors, vendors and material suppliers.
i) Firms approach to potential problems or solved actual problems as early and as rapidly as practicable.
k) Quality and productive interaction between the firm and major participants.
FPS Civil has never filed any claims or had any claims filed against us. Open communication was always key. We deal
openly and honestly with all of our vendors and subcontractors and provided all project specific scopes and requirements
prior to getting pricing from them for the work.
This project was a design-bid-build at a cost of $6,459,568.
This project consisted of the placement of 17,254 LF of reinforced concrete low flow channel, 19,354 CY of channel
excavation, 380 SY of surface treatments, 74,890 SY of hydro mulch, as well as multiple access nodes, side drains, and
side inlets. This project was completed ahead of schedule by 210 days and $100,000 under budget.
Emergency action plan for stormwater management and construction phasing plans along with excavation, survey and
compaction for the channel was performed to exacting specifications. Environmental controls for dust and storm water
management were implemented continuously. Post completion dust palliatives were added to ensure soil stability for
the future.
This was a unit cost project with phasing being necessary for water management issues.
FPS was awarded this project based on being the lowest responsible bidder. FPS was nearly $100,000 under budget
due to minimal allowance expenditures.
Budget estimate was provided at bid time to establish contract value.
Construction quality was maintained with a thorough understanding of plans, details, and specifications. Quality control
(QC) was provided for all soil densities and concrete placement and quality assurance (QA) confirmed results.
Issue resolution is achieved by our commitment to always partnering with the owner. Issues are resolved at the field
level by on-site supervisors to avoid escalation.
All project stakeholders are invited to weekly meetings to review progress and any upcoming challenges. Our commitment
in all projects is to have open and transparent communication throughout the entire project. We hold our subcontractors
accountable to meet the project’s schedule and quality requirements.
Mike Stanley, Construction Associate Project Manager, FCDMC, Mike.Stanley@Maricopa.gov, (602) 980-0451
Steve Tethford, Steven.Theford@Maricopa.gov, (602) 525-0615
This project was completed 61% ahead of the allowable contract time by 210 days.
b) Size, schedule, budget and complexity of each project.
e) Process to establish price and keep the project costs within estimate.
l) Client References.
1.4 Maricopa County Flood Control District Sun City Drains Improvements
4
a) Average number of projects, projects completed, average cost per project.
c) Services provided.
d) Construction phase cost estimating experience.
f) Budget estimate, the estimate, and the final contract amount for each project.
g) Construction quality.
h) Construction schedule.
j) Claims resolution with subcontractors, vendors and material suppliers.
i) Firms approach to potential problems or solved actual problems as early and as rapidly as practicable.
k) Quality and productive interaction between the firm and major participants.
FPS Civil has never filed any claims or had any claims filed against us. Open communication was always key, we deal
openly and honestly with all of our vendors and subcontractors and provided all project specific scopes and requirements
prior to getting pricing from them for the work.
This project was a design-bid-build at a cost of $3,482,161.
This project included installation of 5,110 LF of 60” and 54” HDPE storm drain, concrete structures and manholes to
convert an open channel to an underground drainage system along Grand Ave and the BNSF Railroad in Sun City. This
project was completed $454,502 under budget and ahead of the anticipated completion date.
630 CY of channel excavation and grading, placement of inlet structures, survey, engineering, construction, quality
control, dust abatement, storm water pollution prevention.
This was a unit cost project with phasing being necessary for water management issues.
FPS was awarded this project based on being the lowest responsible bidder. Construction costs were $454,502 under
the contract value due to minimal allowance expenditures.
Budget estimate was provided at bid time to establish contract value.
Construction quality is maintained through conformance of plans, details, and specifications. One of FPS’s quality
control managers supervises all activities.
Issue resolution is achieved by our commitment to always partnering with the owner. Issues are resolved at the field level
by on-site supervisors to avoid escalation.
All project stakeholders are invited to weekly meetings to review progress and any upcoming challenges. Our commitment
in all projects is to have open and transparent communication throughout the entire project. We hold our subcontractors
accountable to meet the project’s schedule and quality requirements.
This project was completed 34% ahead of schedule by 91 days.
b) Size, schedule, budget and complexity of each project.
e) Process to establish price and keep the project costs within estimate.
l) Client References.
Vincent Chan, Design Engineer, FCDMC, Vincent.Chan@Maricopa.gov, (602) 506-3076
Gary Kaye, CM, FDCMC, Gary.Kaye@Maricopa.gov, (602) 919-6665
1.5 Maricopa County Drainage Structure Cleaning Services JOC - Contract held from 07/2021 to Current
5
a) Average number of projects, projects completed, average cost per project.
c) Services provided.
d) Construction phase cost estimating experience.
f) Budget estimate, the estimate, and the final contract amount for each project.
g) Construction quality.
h) Construction schedule.
j) Claims resolution with subcontractors, vendors and material suppliers.
i) Firms approach to potential problems or solved actual problems as early and as rapidly as practicable.
k) Quality and productive interaction between the firm and major participants.
FPS Civil has never filed any claims or had any claims filed against us. Open communication was always key, we deal
openly and honestly with all of our vendors and subcontractors and provided all project specific scopes and requirements
prior to getting pricing from them for the work.
The Maricopa County JOC averages 3 projects per year including some emergency work. The average cost per project
is $214,604.
This JOC focused on drainage structure cleaning services at a cost of $214,604 per project.
Storm drain culvert cleaning and repair, scupper and catch basin cleaning and repairs, drywell cleaning, traffic control,
video inspection and utility locating.
Initial contract established unit pricing per LF of culvert or structure cleaning. Phasing of work is cooperatively established
through environmental clearances and priority of the owner’s needs.
Open book pricing is provided with detailed description including man hours, equipment and material cost and
subcontractor proposals. Allowances are used for traffic control per MAG Spec. Section 109.4.6
The estimate starts with agreed upon unit rates and quantities for a specific job order. Individual items not needed result
in money being returned to the owner at the completion of the project. There are no change orders unless additional
work is requested by the owner.
Construction quality is maintained with a thorough understanding of plans, details, and specifications, along with owner
approval of cleanliness and functionality. One of FPS’s quality control managers supervises all activities.
Issue resolution is achieved by our commitment to always partnering with the owner. Issues are resolved at the field level
by on-site supervisors to avoid escalation.
All project stakeholders are invited to weekly meetings to review progress and any upcoming challenges. Our commitment
in all projects is to have open and transparent communication throughout the entire project. We hold our subcontractors
accountable to meet the project’s schedule and quality requirements.
All projects are completed within the original project schedule and most are completed ahead of schedule.
b) Size, schedule, budget and complexity of each project.
e) Process to establish price and keep the project costs within estimate.
l) Client References.
Mark Sanchez, Civil Engineering Specialist, MCDOT, Mark.Sanchez@Maricopa.gov, (602) 679-1490
Gilbert Yslava, Maintenance Supervisor, MCDOT, Gilbert.yslava@Maricopa.gov, (602) 506-0806
2) Project Team
Project Team
Warren France
Principle in Charge
Kyle Paul
Superintendent/ Quality
Control
Josh France
Pre-Construction/ Construction
Manager
Victor Marquez
Superintendent
a. PROPOSED JOC PROJECT TEAM
The key personnel shown in the organizational chart below will be your JOC team from the beginning through
project closeout providing value in both preconstruction and construction phases. This unique and dedicated
team will provide knowledge and capabilities that can’t be matched; truly providing the Flood Control District
of Maricopa County with innovative and cost saving solutions. The team members all have JOC experience
in all of the projects referenced in the prior experience (section 1) of the SOQ. Additional qualifications and
individual employee experience is available in each of the team members resumes attached in the appendix.
Team Members
Current
Workload
Projected
Workload
Warren France
50%
100% Availability
Josh France
50%
100% Availability
Kyle Paul
50%
100% Availability
Chris Balke
25%
100% Availability
Gabriela Casillas
25%
100% Availability
Francisco Palmer
25%
100% Availability
Andrew Durda
15%
100% Availability
Karen Kneisley
33%
100% Availability
Victor Marquez
50%
100% Availability
Bryan Mitchell
50%
100% Availability
Wade Mitchell
50%
100% Availability
b. CURRENT AND PROJECTED WORKLOADS
6
Bryan Mitchell
Superintendent
Wade Mitchell
Superintendent
FPS Current JOC
Contracts
Warren France
President
Josh France
Pre-Construction/
Construction Manager
Kyle Paul
Superintendent/
Quality Control
Chris Balke
Project Manager
Gabriela Casillas
Project Manager
Francisco Palmer
Safety/ Environmental
Manager
Andrew Durda
Estimator
Karen Kneisley
Project Engineer
Victor Marquez
Superintendent
Bryan Mitchell
Superintendent
Wade Mitchell
Superintendent
City of Tempe Underground Utility JOC
City of Tempe Underground Utility JOC
X
X
X
X
X
X
X
X
X
X
X
City of Chandler Sewer Manhole Rehabilitation J
City of Chandler Sewer Manhole Rehabilitation JOC
OC
X
X
X
X
X
X
Maricopa County Drainage Structure Cleaning
Maricopa County Drainage Structure Cleaning
Services JOC
Services JOC
X
X
X
X
X
X
X
X
X
City of Tempe Large Diameter Valve JOC
City of Tempe Large Diameter Valve JOC
X
X
X
X
X
X
X
X
City of Chandler City-Wide Building & Facility
City of Chandler City-Wide Building & Facility
Maintenance & Repair Services JOC
Maintenance & Repair Services JOC
X
X
X
X
X
X
X
X
City of Phoenix Large Valve Repair & Replacement JOC
City of Phoenix Large Valve Repair & Replacement JOC
X
X
X
X
X
X
X
X
Karen Kneisley
Project Engineer
Gabriela Casillas
Project Manager
Chris Balke
Project Manager
Andrew Durda
Estimator
Francisco Palmer
Safety/ Environmental Manager
c. TEAM DEDICATION – The team referenced above will have 100% availability to be dedicated to this JOC as
needed.
7
City of Tempe
Underground
Utility JOC
MCFCD East
Maricopa
Floodway Low
Flow Channel
- Germann Rd.
to Power Rd
MCFCD East
Maricopa
County
Floodway Low
Flow Channel-
Guadalupe Rd.
- Ray Rd.
MCFCD Sun
City Drains
Improvement
MCDOT
Structure
Cleaning
Services JOC
Warren France
Principle in Charge
Josh France
Pre-Construction/ Construction
Manager
Kyle Paul
Superintendent/ Quality
Control
Chris Balke
Project Manager
Gabriela Casillas
Project Manager
Francisco Palmer
Safety/ Environmental
Manager
Andrew Durda
Estimator
Karen Kneisley
Project Engineer
Victor Marquez
Superintendent
Bryan Mitchell
Superintendent
Wade Mitchell
Superintendent
Comparable Scopes on Current Projects
Concrete Placement
Concrete Placement
and Repair Services
and Repair Services
Earthwork Services and
Earthwork Services and
Debris Removal
Debris Removal
Storm Drain Repair and
Storm Drain Repair and
Replacement
Replacement
Surface Treatment and
Surface Treatment and
Installation Services
Installation Services
Key Team and Projects Worked On Together
d. TEAM PROJECT COMPLETION – Our project team has worked together previously on many successful projects.
Below are referenced some of those which are also indicated in the prior experience projects.
We are excited to
partner with the
Maricopa County
Flood Control
District on your
JOC.
8
3) Subcontractor Selection Plan
Subcontractor Selection Plan
FPS will provide the Flood Control District of Maricopa County with proposed pre-qualified subcontractors for approval.
FPS has a history of strong working relationships with many qualified subcontractors and suppliers that have contributed
to the success of anticipated FCD improvement construction projects.
Our 3-step subcontractor selection plan is available for review by the Flood Control District of Maricopa County at any
time and recommends selections based upon qualifications and price with Flood Control District approval. With
our tailored subcontractor selection plan, the FCDMC will benefit as FPS will ensure the best value, quality performance,
and local participation. Also, due to market conditions, FPS is eager to work with the FCDMC to determine long-lead
items that can be procured early during pre-construction. Then, due to FPS’ relationship with many subcontractors, FPS
can procure any materials or supplies needed during pre-construction and ensure price-locking and early procurement
packages.
d. Reference contacts are located in the appendix.
4) Project Management Plan
Project Management Plan
FPS’ proven project management approach focuses on the importance of open communication and proactive partner
involvement for every JOC project from the design and pre-construction phases through final completion. We have
found that there is great benefit in establishing partnering objectives by defining mutual goals for all stakeholders; to
create a line of communication to encourage team building that will in turn, create an environment for efficient decision
making and effective issue resolution. The FPS project team will utilize experience gained through prior partnering
achievements to consider all of the stakeholders’ concerns and requirements. The project team detailed on section 2,
page 6 within, will be the same key members the FCDMC can expect to see involved throughout every JOC project as
needed, building a strong foundation of trust and partnership.
The FPS team has significant experience with Job Order Contracts; the elements below are critical to a successful
relationship with the overall project team:
Scope of Work Review/Site Visit:
Meet with key stakeholders to discuss the project and/or schedule a site visit to review the project. Determine if plans are
necessary; smaller projects can be performed with a statement of work and standard details if available. The purpose
of this process is to define the work proposed, risk, and to collaborate on how best to tackle this project to ensure the
desired end result is achieved.
Design/Constructability Review/ Value Engineering:
FPS will work with engineering/designers to develop quality plans and specifications. We are familiar with the District’s
design process and we have a clear understanding of your expectations since we have worked with the Flood Control
District on many past successful projects.
Budget & Schedule Development:
Schedule and budget go hand in hand in developing an accurate scope of work. We have an experienced team that can
produce accurate and open book pricing with little to no plans. In addition, we will work with the District to define special
events, peak flows, and other maintenance operations to minimize disruptions. We will always recommend cost savings
and value engineering ideas throughout every project.
1. Pre-Qualification
•Safety record
•Owner involvement/approval
•Past performance
•Quality and reputation
•Claim history
•Bonding and insurance
capacity
• Financial history
2. Bid Process
•Invite 3-5 qualified local subs/
suppliers
•Provide bid documents
•Verify full scope capture
•Interview qualified subs/suppliers
•Receive and evaluate team input
•Award subcontract
3. Post Award
•Verify quality daily
•Monitor safety performance
•Track schedule
•Evaluate performance
•Review results with project
team
•Hold accountable
a. and b.
c. Qualified subcontractors have worked with FPS up to 5 years.
e. FPS Civil will perform with its own firm a minimum of 50% of the total contract value.
9
Preconstruction/ Weekly Meetings:
Proactive coordination, constant communication, and good scheduling minimizes impacts to construction projects; we
ensure that proper preconstruction and/or weekly meetings take place. At the preconstruction meeting, we will address
and understand expectations and deliverables required; those will be tracked and measured so that we can meet all
project objectives.
Management & Performance of Work:
FPS will always provide a positive attitude, flexibility, and innovation with the services we provide. We have a broad
history performing JOC work with multiple governmental agencies and utilize several software systems to ensure proper
document controls are in place throughout the life of the project. We will provide our knowledge and experience to
ensure your projects are performed on time, as expected, and with the utmost quality for every project.
JOC WORK FLOW PROCESS
Figure A: Our proven turn-key processes keep the
project flowing from beginning to a successful
project closeout.
a. PROCEDURE TO SELECT
SUBCONTRACTORS
When the scope of a job order includes work to be
subcontracted, invitations to bid will be extended to
3 to 5 qualified subcontractors who have been pre-
qualified from their past performance, safety record,
claims/financial history, bonding and insurance
capacity, financial history and approval by the owner.
Bids will be evaluated for completeness of scope,
availability to meet anticipated schedule and price.
Written subcontracts will be awarded to selected
firms that include language for insurance and legal
worker requirements. Management of subcontractors
will include compliance monitoring of all contract
documents, compliance with all safety, security and
environmental requirements and quality assurance.
b. SCHEDULE MANAGEMENT AND CONTROL
PROCESS
Schedule management and control processes are
dependent on the project and its individual needs. Our
team will seek to understand the District’s constraints
and build a schedule around the work that will be
adhered to in strict accordance. This schedule will
include critical path items, subcontractor work, and
will address critical submittals that may have long lead
items associated with them. This will help our team
ensure we meet all project timelines established.
IN ADDITION: In our experience, today’s market for
both subcontractors and suppliers is improving
from where it was this time last year. Most
material suppliers have been able to improve
their lead times in 2024. To our benefit, FPS
has over 40 years of established relationships
with multiple suppliers and subcontractors that
have allowed us to work through most supply
chain issues without skipping a beat. We utilize
Building Connected software to ensure maximum
opportunity is provided to all subcontractors
needed for each project.
Figure A
POTIENTAL SUBCONTRACTORS & SUPPIERS
POTIENTAL SUBCONTRACTORS & SUPPIERS
Preconstruction
Review Meeting
Kick Off Meeting
with Stakeholders
Notice to Proceed
Open Book Estimate
Submitted and Reviewed
Value
Engineering
Project
Close Out
Contract Work
Completed
Design/ Constructability
Review
Site Visit
Schedule
Submitted and
Reviewed
Contracts and Bonds
Executed
Submittals for
Review/ Approval
Work Plans
Submitted
10
5) Budget and Scope Management Capability
Budget and Scope Management Capability
a. BUDGET MANAGEMENT AND CONTROL PROCESS
Budget management and control will be a collaborative process between FPS and FCDMC project management. Prior
to execution of the Job Order Contract, a fee schedule will be negotiated to include direct labor hourly rates, hourly
equipment usage rates including mobilization, and percentage of overhead and profit. With these pre-approved rates
each job order proposal is a matter of determining the negotiated hours to complete each task and any materials
and subcontractors needed. Following our JOC Work Flow Process in section 4 allows budget costs to be developed
throughout the design. Value engineering and constructability options are presented to demonstrate cost and schedule
savings. Formal proposals are presented in an open book format to show where every penny on the project is spent.
Final review and approval of the proposal proceeds the formal job order and bond followed by the Notice to Proceed. All
quantities, cost and test results are gathered daily. At the specified billing date, pay application quantities are reviewed
with FCDMC Field Inspectors for accuracy prior to submitting for payment.
6) Team Approach Capability
Team Approach Capability
a. EXPERIENCE WITH OWNER PERSONNEL
Our team had frequent and regular interaction with designers, managers and inspectors including: Don Rerick, Sam
Hanna, Mike Stanley, Vincent Chan, Gary Kaye, Redd Franks, Chris Hersey, Erik Arntz, Josh Jones, Steven Thetford
and other Maricopa County representatives. The outcome of our interaction is a true team partnering relationship
characterized by honesty, transparency and timely responses during preconstruction and construction on our past
projects.
7) Expedited Completion of Project
Expedited Completion of Project
a. PRACTICES TO SAVE TIME
At FPS our approach to expediting the completion of each Job Order is rooted in disciplined planning from the beginning.
Detailed schedules with all work activities are generated and shared with FCDMC managers prior to construction to
demonstrate sequence and duration of the project. Pre-activity Meetings, Work Plans, Job Task Analysis and Pre-Task
Plans provide the necessary information to ensure efficiency and eliminate potential delays. Most FCDMC projects are
identified to be in high risk areas for flood events. Proper steps are taken to eliminate the risk of construction activities
causing any disturbance to necessary flows in flood channels, spillways, levees and drainage areas.
b. RESOURCES TO SAVE TIME
Our experienced Superintendents and field crews, using FPS’s work planning tools listed below, document the steps to
save time completing each project.
IN ADDITION: Our team does have examples of excellence highlighting our partnering approach: “FPS was willing
to meet prior to NTP to review owner’s expectations and lessons learned on other projects, and ensure that
their means and methods would result in a high quality project. We were pleased to contract with this firm on
several other projects, where lessons learned were applied, saving project partners money, and time during
construction.” - John Rodriguez, formerly FCDMC
1. Detailed Critical Path Schedule is developed and presented to meet FCDMC’s expectations and potential
weather impact using Microsoft Project.
2. Resource Availability will ensure that all necessary materials, labor, and equipment are available on time to
ensure no delays. FPS uses Microsoft To Do software.
3. Project Work Plans provide an overview of the risks and controls to complete the project on budget and
schedule. Management of labor, equipment and material resources provides verification that all resources will
be available when needed.
4. Job Task Analysis is a more detailed view of the major tasks required for the project. For instance, pipe
installation, concrete demolition and removal, channel lining replacement or fence repair/ replacement.
5. Pre-Task Plan is a written daily plan for each crew that lists the steps, risks and controls for production including
required tools, supplies, specialized safety equipment to be ready on-hand to eliminate delays and additional
costs. Additionally, production and quality goals for the crews are established for the day.
c. PROJECT TIME SAVINGS EXAMPLES
Many projects referred to in “Section 1. Prior Experience” included time savings. Some time savings were captured in
our original schedule while other projects experienced schedule compression due to increased efficiencies and field
creativity. See Attachment 1 in the appendix for project time savings achieved for all FPS projects listed.
Recent completed projects for the FCDMC were completed on an average of 42% ahead of schedule.
IN ADDITION: FCDMC facilities often cross or are adjacent to roadways or private property. Working in this
proximity generally requires review and permitting by agencies that can impact schedules in addition to taking
account local businesses or schools within close proximity. FPS takes a proactive approach to identify other
jurisdiction needs and has experience and relationships that help to minimize delays.
8) Safety
Safety
a. SAFETY INFORMATION
FPS is proud to state that as a company we have worked over 350,000 manhours with only ONE recordable and ZERO
lost time incidents. The FPS team takes pride in completing all tasks safely. FPS has been awarded the Safety Gold
Award by Highwire for three consecutive years. This award is presented to companies that register the highest safety
score in the Safety Assessment Program administered by Highwire.
We ensure the safety of the public and our employees by conducting daily Pre-Task Planning meetings to review safety
topics, identify safety hazards, and review safety procedures for every work activity. Daily and weekly safety meetings
are led by both the Superintendent and the Safety/ Environmental Manager.
OSHA Training Certification
•
All FPS Safety Managers are OSHA 500 Certified
•
OSHA 30 training for Supervisors and OSHA 10 training for Foremen is provided.
Safety Record – Please see page 46-47 in the appendix for the past two years OSHA logs.
Safety and Health Plan – Please see pages 50-65 in the appendix for FPS Civil Safety and Health Plan.
Drug Free Workplace – Please reference pages 66-71 in the appendix for FPS’s Drug Free Workplace program.
“FPS Civil, LLC has done a remarkable job of implementing a strong
safety management system. In addition to keeping employees safe, safety
performance of this caliber should reduce their insurance premiums.”
- Garrett Burke, CEO of Highwire
11
Experienced JOC Contractor
Self-performance Capability
Innovated Solutions Provider
Commiteed to Partnering
12
WHY SELECT FPS CIVIL?
WHY SELECT FPS CIVIL?
WE DON’T
JUST BUILD
PROJECTS
WE BUILD
RELATIONSHIPS!
Attachments
a) General Contractor Arizona License
b) Resumes
c) References (Attachment 1)
d) Legal Worker Certification (Attachment 2)
e) Surety Bond
f) Proposal Exceptions (if any)
g) Non-Collusion Affidavit (Attachment 4)
h) Scope of Work Checklist (Attachment 6)
i) Subcontractor Listing (Attachment 7)
j) OSHA Logs
k) FPS Health and Safety Plan
l) FPS Drug Free Workplace
m) Addendum 1
n) Addendum 2
o) Addendum 3
p) Addendum 4
Page 16
Pages 17-37
Pages 38-39
Page 40
Pages 41-43
Page 44
Page 45
Pages 46-47
Pages 48-49
Pages 50-65
Pages 66-71
Pages 72-74
Pages 75-76
Pages 77-78
Pages 79-80
RESUMES
Warren France
President & Co-Owner of FPS Civil
With over 39 years of progressive industry experience, Warren’s
career includes the overall management and administration of a
highly respected Arizona based heavy highway/ industrial civil
contractor. A particular area of focus has been the development of a
top down safety culture that achieved nearly 4,000,000 man hours
without a loss time incident over a 6 year period. His strengths are
apparent in his strong reputation as a collaborative team leader,
known for responding specifically to the needs of each client. Warren
oversees our Project Management teams and is very involved with
all construction projects underway. He assists and oversees all
aspects of the organization.
YEARS OF INDUSTRY EXPERIENCE:
39 years
EDUCATION:
Psychology & Sociology, B.S.
Hanover College
Education, M.S. Equivalent
Arizona State University
TRAINING & CERTIFICATIONS:
Alliance for Construction Excellence
(ACE) APDM Courses
First Aid & CPR
Lockout/Tagout Authorized
SWPPP Basic Training
OSHA 500 Certification
DDI Leadership Training
DiSC Leadership Workshop
Maricopa County Air Quality #310
MEMBERSHIPS:
Construction Management
Association of America, Arizona
Chapter
RESUME PAGE 1
EXPERIENCE
City of Tempe Underground Utility Construction JOC (Tempe,
AZ)
The FPS team has served as the City of Tempe’s job order
contractor for underground utility construction since 2014. This
JOC varies from small emergency water line repairs to large
scale multi-jurisdictional water and sewer repairs including the
emergency repair of a 24” steel cylinder transmission main on
the US 60 at McClintock Dr. shown above. This waterline break
caused the emergency closure of the US 60 for several days as
FPS worked around the clock to repair and re-open the freeway.
Other work orders include vault construction waterline, fire
hydrant, and butterfly or gate valve repairs and replacement along
with disinfection, temporary bypass and hydrostatic testing. The
greatest challenge associated with this project stemmed from
the inability to get a complete shut down of the water flow due
to the inoperable valves. After several days of attempts going
over a mile from the actual break, a manageable reduction in
water flow was finally achieved. To allow for better inspection
and maintenance in the future, vaults with by-pass lines and
inspection ports were built on either side of the US 60.
MCFCD East Maricopa Floodway Low Flow Channel - Germann
Rd. to Power Rd (Maricopa County, AZ)
The East Maricopa Floodway Low Flow Channel was a design-
bid-build project for an agency, at the time, that was a new client
for FPS Civil. In addition to the physical improvements that were
completed, strong bonds and mutual respect were built through
open communication and integrity. The project was completed
with the highest of quality and in half of the original contract time.
Work included the construction of 12,367 LF of concrete low flow
channel, 82,000 SY of hydro mulch and grouted rip rap, plus
partnering and value engineering for the design and construction
of the Rittenhouse Road drainage channel tie-in.
RESUME PAGE 2
MCFCD East Maricopa Floodway Low Flow Channel -
Guadalupe Rd. - Ray Rd. (Maricopa County, AZ
FPS installed 17,254 LF of concrete low flow channel. Other
major items included 19,412 CY of channel excavation, 48,400
SY of hydro mulch, ABC maintenance road, access ramps,
access nodes, along with dust control, storm water management
from significant rain events and flow from near farms.
MCFCD Sun City Drains Improvement (Maricopa County, AZ)
This project included installation of 5,110 LF of 60” and 54” HDPE
storm drain concrete structures and manholes to convert an
open channel to an underground drainage system along Grand
Ave and the BNSF Railroad in Sun City.
MCDOT Drainage Structure Cleaning Services JOC (Maricopa
County, AZ)
This project includes the rehabilitation and cleaning of multiple
drainage structures throughout Maricopa County. Sizes range
from 8” to 90” round, elliptical and box culverts. Catch basins
and scuppers are also included traffic control, utility locating and
video inspection may also be performed.
ADDITIONAL MAJOR PROJECTS
•
City of Chandler Sewer Main and Manholes Rehabilitation
JOC
•
City of Tempe Large Diameter Valve JOC
•
City of Chandler City Wide Building & Facility Maintenance
& Repair Services JOC
•
City of Mesa Westwood Improvements CMAR
•
City of Phoenix Large Valve Replacement and Repairs JOC
•
City of Peoria Reclaimed Waterline Segment 2
•
City of Peoria Reclaimed Waterline Segment 3
•
City of Mesa Lehi SRP Service Line
•
MCDOT William Charles Vulture Mine Recreation Area
•
City of Peoria 75th Avenue Waterline
•
MCFCD (Rummel) Oak Street Basin and Storm Drains
•
MCFCD McMicken Dam Outlet Channel Phase 2
Josh France
Vice President & Co-Owner of FPS Civil
With over 23 years of progressive industry experience, Josh
France has grown up in the construction industry. After graduating
with a B.A. in Economics from the University of Utah, Josh started
his career in construction as a laborer and worked his way up
the ranks. His career focus has been in the Industrial, Sitework,
and Street and Road construction segments. Josh’s attention
to detail, understanding of field civil construction and ability to
manage multiple trades and employees on projects will make
him an invaluable asset to the organization. Josh oversees and
leads all pre-construction & estimating efforts.
YEARS OF INDUSTRY EXPERIENCE:
23 years
EDUCATION:
Economics, B.A.
University of Utah
TRAINING & CERTIFICATIONS:
OSHA 30-Hour
OSHA Confined Space Entry
Competent Person
Excavation, Fall Protection
Asbestos Abatement Training
Fire Protection Contractor
Maricopa County Air Quality #310
First Aid & CPR
Lock Out Tagout
DDI Leadership Training
DiSC Leadership Workshop
EXPERIENCE
City of Tempe Underground Utility Construction JOC (Tempe,
AZ)
The FPS team has served as the City of Tempe’s job order
contractor for underground utility construction since 2014. This
JOC varies from small emergency water line repairs to large
scale multi-jurisdictional water and sewer repairs including the
emergency repair of a 24” steel cylinder transmission main on
the US 60 at McClintock Dr. shown above. This waterline break
caused the emergency closure of the US 60 for several days as
FPS worked around the clock to repair and re-open the freeway.
Other work orders include vault construction waterline, fire
hydrant, and butterfly or gate valve repairs and replacement along
with disinfection, temporary bypass and hydrostatic testing. The
greatest challenge associated with this project stemmed from
the inability to get a complete shut down of the water flow due
to the inoperable valves. After several days of attempts going
over a mile from the actual break, a manageable reduction in
water flow was finally achieved. To allow for better inspection
and maintenance in the future, vaults with by-pass lines and
inspection ports were built on either side of the US 60.
MCFCD East Maricopa Floodway Low Flow Channel - Germann
Rd. to Power Rd (Maricopa County, AZ)
The East Maricopa Floodway Low Flow Channel was a design-
bid-build project for an agency, at the time, that was a new client
for FPS Civil. In addition to the physical improvements that were
completed, strong bonds and mutual respect were built through
open communication and integrity. The project was completed
with the highest of quality and in half of the original contract time.
Work included the construction of 12,367 LF of concrete low flow
channel, 82,000 SY of hydro mulch and grouted rip rap, plus
partnering and value engineering for the design and construction
of the Rittenhouse Road drainage channel tie-in.
RESUME PAGE 1
RESUME PAGE 2
MCFCD East Maricopa Floodway Low Flow Channel -
Guadalupe Rd. - Ray Rd. (Maricopa County, AZ)
FPS installed 17,254 LF of concrete low flow channel. Other
major items included 19,412 CY of channel excavation, 48,400
SY of hydro mulch, ABC maintenance road, access ramps,
access nodes, along with dust control, storm water management
from significant rain events and flow from near farms.
MCFCD Sun City Drains Improvement (Maricopa County, AZ)
This project included installation of 5,110 LF of 60” and 54” HDPE
storm drain concrete structures and manholes to convert an
open channel to an underground drainage system along Grand
Ave and the BNSF Railroad in Sun City.
MCDOT Drainage Structure Cleaning Services JOC (Maricopa
County, AZ)
This project includes the rehabilitation and cleaning of multiple
drainage structures throughout Maricopa County. Sizes range
from 8” to 90” round, elliptical and box culverts. Catch basins
and scuppers are also included traffic control, utility locating and
video inspection may also be performed.
ADDITIONAL MAJOR PROJECTS
•
City of Chandler Sewer Main and Manholes Rehabilitation
JOC
•
City of Tempe Large Diameter Valve JOC
•
City of Chandler City Wide Building & Facility Maintenance
& Repair Services JOC
•
City of Mesa Westwood Improvements CMAR
•
City of Phoenix Large Valve Replacement and Repairs JOC
•
City of Peoria Reclaimed Waterline Segment 2
•
City of Peoria Reclaimed Waterline Segment 3
•
City of Mesa Lehi SRP Service Line
•
MCDOT William Charles Vulture Mine Recreation Area
•
City of Peoria 75th Avenue Waterline
•
MCFCD (Rummel) Oak Street Basin and Storm Drains
•
MCFCD McMicken Dam Outlet Channel Phase 2
Kyle Paul
Vice President & Co-Owner of FPS Civil
With over 19 years of progressive industry experience, Kyle Paul
has grown up in the construction industry. Kyle began his career
as a Laborer and steadily worked his way up the construction
ladder. Kyle Paul is able to effectively manage and oversee
multiple projects at any given time through completion. Kyle
provides a unique hands-on approach to provide customers with
a project that is delivered on time, under budget, and with the
best quality the entire team can be proud of. Kyle has mechanical
piping and welding experience, a career focus in industrial and
water facilities, has experience working on landfill and mining
projects, and is well versed and experienced with engines,
mechanical, equipment and vehicle repairs. Kyle oversees and
manages all field (job) operations as well as our equipment fleet
operations.
YEARS OF INDUSTRY EXPERIENCE:
19 years
TRAINING & CERTIFICATIONS:
OSHA 30-Hour
OSHA Confined Space Entry
Competent Person
Excavation, Fall Protection
Asbestos Abatement Training
Maricopa County Air Quality #310
First Aid & CPR
Lock Out Tagout
RESUME PAGE 1
EXPERIENCE
City of Tempe Underground Utility Construction JOC (Tempe,
AZ)
The FPS team has served as the City of Tempe’s job order
contractor for underground utility construction since 2014. This
JOC varies from small emergency water line repairs to large
scale multi-jurisdictional water and sewer repairs including the
emergency repair of a 24” steel cylinder transmission main on
the US 60 at McClintock Dr. shown above. This waterline break
caused the emergency closure of the US 60 for several days as
FPS worked around the clock to repair and re-open the freeway.
Other work orders include vault construction waterline, fire
hydrant, and butterfly or gate valve repairs and replacement along
with disinfection, temporary bypass and hydrostatic testing. The
greatest challenge associated with this project stemmed from
the inability to get a complete shut down of the water flow due
to the inoperable valves. After several days of attempts going
over a mile from the actual break, a manageable reduction in
water flow was finally achieved. To allow for better inspection
and maintenance in the future, vaults with by-pass lines and
inspection ports were built on either side of the US 60.
MCFCD East Maricopa Floodway Low Flow Channel - Germann
Rd. to Power Rd (Maricopa County, AZ)
The East Maricopa Floodway Low Flow Channel was a design-
bid-build project for an agency, at the time, that was a new client
for FPS Civil. In addition to the physical improvements that were
completed, strong bonds and mutual respect were built through
open communication and integrity. The project was completed
with the highest of quality and in half of the original contract time.
Work included the construction of 12,367 LF of concrete low flow
channel, 82,000 SY of hydro mulch and grouted rip rap, plus
partnering and value engineering for the design and construction
of the Rittenhouse Road drainage channel tie-in.
RESUME PAGE 2
MCFCD East Maricopa Floodway Low Flow Channel -
Guadalupe Rd. - Ray Rd. (Maricopa County, AZ
FPS installed 17,254 LF of concrete low flow channel. Other
major items included 19,412 CY of channel excavation, 48,400
SY of hydro mulch, ABC maintenance road, access ramps,
access nodes, along with dust control, storm water management
from significant rain events and flow from near farms.
MCFCD Sun City Drains Improvement (Maricopa County, AZ)
This project included installation of 5,110 LF of 60” and 54” HDPE
storm drain concrete structures and manholes to convert an
open channel to an underground drainage system along Grand
Ave and the BNSF Railroad in Sun City.
MCDOT Drainage Structure Cleaning Services JOC (Maricopa
County, AZ)
This project includes the rehabilitation and cleaning of multiple
drainage structures throughout Maricopa County. Sizes range
from 8” to 90” round, elliptical and box culverts. Catch basins
and scuppers are also included traffic control, utility locating and
video inspection may also be performed.
ADDITIONAL MAJOR PROJECTS
•
City of Chandler Sewer Main and Manholes Rehabilitation
JOC
•
City of Tempe Large Diameter Valve JOC
•
City of Chandler City Wide Building & Facility Maintenance
& Repair Services JOC
•
City of Mesa Westwood Improvements CMAR
•
City of Phoenix Large Valve Replacement and Repairs JOC
•
City of Peoria Reclaimed Waterline Segment 2
•
City of Peoria Reclaimed Waterline Segment 3
•
City of Mesa Lehi SRP Service Line
•
MCDOT William Charles Vulture Mine Recreation Area
•
City of Peoria 75th Avenue Waterline
•
MCFCD (Rummel) Oak Street Basin and Storm Drains
•
MCFCD McMicken Dam Outlet Channel Phase 2
RESUME PAGE 1
Chris Balke
Project Manager
With over 20 years of progressive industry experience, Chris
spent 12 years of his professional career as a Civil Engineering
inspector at MCDOT. He has experience in contract adminstration,
pre-construction, job cost management, roadway infrastructure,
underground infrastructure, and project management. He has
worked closely with many municipalities throughout Arizona
and has knowledge in a variety of software programs including
scheduling, and billing programs. Chris has built a respectable
network of professional relationships with many suppliers and
vendors that host a wealth of options to choose from which allow
for the best result for lead time esitmates. Chris ia a very vaulable
team member at FPS Civil.
YEARS OF INDUSTRY EXPERIENCE:
20 years
TRAINING & CERTIFICATIONS:
ATSSA
OSHA 30
CPR / First Aid / AED Training
Competent Person
Excavation, Fall Protection
EXPERIENCE
City of Tempe Underground Utility Construction JOC (Tempe,
AZ)
The FPS team has served as the City of Tempe’s job order
contractor for underground utility construction since 2014. This
JOC varies from small emergency water line repairs to large
scale multi-jurisdictional water and sewer repairs including the
emergency repair of a 24” steel cylinder transmission main on
the US 60 at McClintock Dr. shown above. This waterline break
caused the emergency closure of the US 60 for several days as
FPS worked around the clock to repair and re-open the freeway.
Other work orders include vault construction waterline, fire
hydrant, and butterfly or gate valve repairs and replacement along
with disinfection, temporary bypass and hydrostatic testing. The
greatest challenge associated with this project stemmed from
the inability to get a complete shut down of the water flow due
to the inoperable valves. After several days of attempts going
over a mile from the actual break, a manageable reduction in
water flow was finally achieved. To allow for better inspection
and maintenance in the future, vaults with by-pass lines and
inspection ports were built on either side of the US 60.
MCDOT Drainage Structure Cleaning Services JOC (Maricopa
County, AZ)
This project includes the rehabilitation and cleaning of multiple
drainage structures throughout Maricopa County. Sizes range
from 8” to 90” round, elliptical and box culverts. Catch basins
and scuppers are also included traffic control, utility locating and
video inspection may also be performed.
ADDITIONAL MAJOR PROJECTS
•
City of Chandler Sewer Main and Manholes Rehabilitation JOC
•
City of Mesa Westwood Improvements CMAR
•
City of Phoenix Large Valve Replacement and Repairs JOC
•
City of Peoria Reclaimed Waterline Segment 3
•
MCFCD McMicken Dam Outlet Channel Phase 2
RESUME PAGE 1
Gabriela Casillas
Project Manager
With over 6 years of progressive industry experience, Gabriela
has experience in survey, pre-construction, and project
management. She has completed alternative delivery projects
from initial preconstruction phase to close out. She has extensive
knowledge in Bluebeam, Microsoft Project, and On Screen
Takeoffs. Mrs. Casillas has previous worked experience on JOC,
and Hard Bid projects for MCDOT, ADOT, Payson Airport, BNSF,
the City of Buckeye and many more. She is a great asset to the
team and will ensure the best quality outcome for your project
without breaking the bank.
YEARS OF INDUSTRY EXPERIENCE:
6 years
EDUCATION:
B.S in Urban Planning
Minor in Sustainability
Arizona State University
TRAINING & CERTIFICATIONS:
Erosion Control Coordinator (ECC)
Certification -Arizona Chapter Associated
General Contractors
OSHA 10 - OSHA Safety Training Institute
CPR / First Aid / AED Training
EXPERIENCE
MCFCD East Maricopa Floodway Low Flow Channel - Germann
Rd. to Power Rd (Maricopa County, AZ)
FPS installed 17,254 LF of concrete low flow channel. Other
major items included 19,412 CY of channel excavation, 48,400
SY of hydro mulch, ABC maintenance road, access ramps,
access nodes, along with dust control, storm water management
from significant rain events and flow from near farms.
MCFCD Sun City Drains Improvement (Maricopa County, AZ)
This project included installation of 5,110 LF of 60” and 54” HDPE
storm drain concrete structures and manholes to convert an
open channel to an underground drainage system along Grand
Ave and the BNSF Railroad in Sun City.
ADDITIONAL MAJOR PROJECTS
•
City of Chandler Sewer Main and Manholes Rehabilitation JOC
•
City of Chandler City Wide Building & Facility Maintenance
& Repair Services JOC
•
MCDOT William Charles Vulture Mine Recreation Area
•
MCFCD (Rummel) Oak Street Basin and Storm Drains
With over 21 years of progressive industry experience, Mr.
Palmer has worked for highly respected heavy highway/industrial
civil contractors in the State of Arizona. Mr. Palmer has a strong
reputation as a collaborative safety team leader, known for
ensuring the safety of employees, customers, subcontractors,
and the general public on every job site. The types of projects
he has overseen and managed include civil infrastructure, water/
wastewater, street & road improvements, underground utility and
manhole construction, mass excavation, landfill, mining, and
solar construction projects both in Arizona and in other States
such as California, Colorado, Minnesota, New Mexico, North
Carolina, and Texas.
Francisco Palmer
Safety/ Environmental Manager
YEARS OF INDUSTRY EXPERIENCE:
21 years
EDUCATION:
Applied Health Science, B.S.
Arizona State University
TRAINING & CERTIFICATIONS:
First Aid & CPR
Competent Person (Soils) & (LOTO)
EPA Maricopa County Storm Water
Pollution Protection Plan Inspector
Confined Space Procedure & Rescue
Instructor
Heavy Equipment Safety & Operation
Instructor (MSHA)
Heavy Equipment Qualifier (MSHA)
Industrial Truck Instructor
LOTO Instructor
OSHA 10/30 / OSHA 500 / OSHA 510
Maricopa County Air Quality #310
Comprehensive
Trench & Excavation Safety
Instructor
RESUME PAGE 1
EXPERIENCE
City of Tempe Underground Utility Construction JOC (Tempe,
AZ)
The FPS team has served as the City of Tempe’s job order
contractor for underground utility construction since 2014. This
JOC varies from small emergency water line repairs to large
scale multi-jurisdictional water and sewer repairs including the
emergency repair of a 24” steel cylinder transmission main on
the US 60 at McClintock Dr. shown above. This waterline break
caused the emergency closure of the US 60 for several days as
FPS worked around the clock to repair and re-open the freeway.
Other work orders include vault construction waterline, fire
hydrant, and butterfly or gate valve repairs and replacement along
with disinfection, temporary bypass and hydrostatic testing. The
greatest challenge associated with this project stemmed from
the inability to get a complete shut down of the water flow due
to the inoperable valves. After several days of attempts going
over a mile from the actual break, a manageable reduction in
water flow was finally achieved. To allow for better inspection
and maintenance in the future, vaults with by-pass lines and
inspection ports were built on either side of the US 60.
MCFCD East Maricopa Floodway Low Flow Channel - Germann
Rd. to Power Rd (Maricopa County, AZ)
The East Maricopa Floodway Low Flow Channel was a design-
bid-build project for an agency, at the time, that was a new client
for FPS Civil. In addition to the physical improvements that were
completed, strong bonds and mutual respect were built through
open communication and integrity. The project was completed
with the highest of quality and in half of the original contract time.
Work included the construction of 12,367 LF of concrete low flow
channel, 82,000 SY of hydro mulch and grouted rip rap, plus
partnering and value engineering for the design and construction
of the Rittenhouse Road drainage channel tie-in.
RESUME PAGE 2
MCFCD East Maricopa Floodway Low Flow Channel -
Guadalupe Rd. - Ray Rd. (Maricopa County, AZ)
FPS installed 17,254 LF of concrete low flow channel. Other
major items included 19,412 CY of channel excavation, 48,400
SY of hydro mulch, ABC maintenance road, access ramps,
access nodes, along with dust control, storm water management
from significant rain events and flow from near farms.
MCFCD Sun City Drains Improvement (Maricopa County, AZ)
This project included installation of 5,110 LF of 60” and 54” HDPE
storm drain concrete structures and manholes to convert an
open channel to an underground drainage system along Grand
Ave and the BNSF Railroad in Sun City.
MCDOT Drainage Structure Cleaning Services JOC (Maricopa
County, AZ)
This project includes the rehabilitation and cleaning of multiple
drainage structures throughout Maricopa County. Sizes range
from 8” to 90” round, elliptical and box culverts. Catch basins
and scuppers are also included traffic control, utility locating and
video inspection may also be performed.
ADDITIONAL MAJOR PROJECTS
•
City of Chandler Sewer Main and Manholes Rehabilitation JOC
•
City of Tempe Large Diameter Valve JOC
•
City of Chandler City Wide Building & Facility Maintenance
& Repair Services JOC
•
City of Mesa Westwood Improvements CMAR
•
City of Phoenix Large Valve Replacement and Repairs JOC
•
City of Peoria Reclaimed Waterline Segment 2
•
City of Peoria Reclaimed Waterline Segment 3
•
City of Mesa Lehi SRP Service Line
•
MCDOT William Charles Vulture Mine Recreation Area
•
City of Peoria 75th Avenue Waterline
•
MCFCD (Rummel) Oak Street Basin and Storm Drains
•
MCFCD McMicken Dam Outlet Channel Phase 2
Andrew Durda
Estimator
With over 23 years of progressive industry experience, Andrew
has experience in survey, pre-construction, project management
and estimating. Andrew is proficient with many estimating
programs and holds relationships with many suppliers and
vendors that allow for the best outcomes for final numbers and
lead time estimates. Mr. Durda holds a Bachelor’s of Science
in Economics and Construction Management with Arizona State
University. He is a very valuable team member at FPS Civil.
YEARS OF INDUSTRY EXPERIENCE:
23 years
EDUCATION:
Bachelor’s of Science in
Construction Management
Bachelor’s of Science in
Economics
Arizona State University
TRAINING & CERTIFICATIONS:
OSHA 30-Hour
RESUME PAGE 1
EXPERIENCE
City of Tempe Underground Utility Construction JOC (Tempe,
AZ)
The FPS team has served as the City of Tempe’s job order
contractor for underground utility construction since 2014. This
JOC varies from small emergency water line repairs to large
scale multi-jurisdictional water and sewer repairs including the
emergency repair of a 24” steel cylinder transmission main on
the US 60 at McClintock Dr. shown above. This waterline break
caused the emergency closure of the US 60 for several days as
FPS worked around the clock to repair and re-open the freeway.
Other work orders include vault construction waterline, fire
hydrant, and butterfly or gate valve repairs and replacement along
with disinfection, temporary bypass and hydrostatic testing. The
greatest challenge associated with this project stemmed from
the inability to get a complete shut down of the water flow due
to the inoperable valves. After several days of attempts going
over a mile from the actual break, a manageable reduction in
water flow was finally achieved. To allow for better inspection
and maintenance in the future, vaults with by-pass lines and
inspection ports were built on either side of the US 60.
MCFCD East Maricopa Floodway Low Flow Channel - Germann
Rd. to Power Rd (Maricopa County, AZ)
The East Maricopa Floodway Low Flow Channel was a design-
bid-build project for an agency, at the time, that was a new client
for FPS Civil. In addition to the physical improvements that were
completed, strong bonds and mutual respect were built through
open communication and integrity. The project was completed
with the highest of quality and in half of the original contract time.
Work included the construction of 12,367 LF of concrete low flow
channel, 82,000 SY of hydro mulch and grouted rip rap, plus
partnering and value engineering for the design and construction
of the Rittenhouse Road drainage channel tie-in.
RESUME PAGE 2
MCFCD East Maricopa Floodway Low Flow Channel -
Guadalupe Rd. - Ray Rd. (Maricopa County, AZ
FPS installed 17,254 LF of concrete low flow channel. Other
major items included 19,412 CY of channel excavation, 48,400
SY of hydro mulch, ABC maintenance road, access ramps,
access nodes, along with dust control, storm water management
from significant rain events and flow from near farms.
MCFCD Sun City Drains Improvement (Maricopa County, AZ)
This project included installation of 5,110 LF of 60” and 54” HDPE
storm drain concrete structures and manholes to convert an
open channel to an underground drainage system along Grand
Ave and the BNSF Railroad in Sun City.
MCDOT Drainage Structure Cleaning Services JOC (Maricopa
County, AZ)
This project includes the rehabilitation and cleaning of multiple
drainage structures throughout Maricopa County. Sizes range
from 8” to 90” round, elliptical and box culverts. Catch basins
and scuppers are also included traffic control, utility locating and
video inspection may also be performed.
ADDITIONAL MAJOR PROJECTS
•
City of Chandler Sewer Main and Manholes Rehabilitation JOC
•
City of Tempe Large Diameter Valve JOC
•
City of Chandler City Wide Building & Facility Maintenance
& Repair Services JOC
•
City of Mesa Westwood Improvements CMAR
•
City of Phoenix Large Valve Replacement and Repairs JOC
•
City of Peoria Reclaimed Waterline Segment 2
•
City of Peoria Reclaimed Waterline Segment 3
•
City of Mesa Lehi SRP Service Line
•
MCDOT William Charles Vulture Mine Recreation Area
•
City of Peoria 75th Avenue Waterline
•
MCFCD (Rummel) Oak Street Basin and Storm Drains
•
MCFCD McMicken Dam Outlet Channel Phase 2
Karen Kneisley
Project Engineer
With over 13 years of progressive industry experience, Karen has
worked deliberately with the field and management team. Her
years of experience and reputation make her a great asset to our
team. She has worked in many areas including assistant project
manager, safety coordinator, accounts payable and receivable,
estimating assistant, senior planning consultant and contract
negotiation. Ms. Kneisley communicates project submittals and
open communication between all parties of her projects to ensure
no mishaps and a smooth project completion.
YEARS OF INDUSTRY EXPERIENCE:
13 years
EDUCATION:
Apollo Career Center
Accounting and Marketing Management
Mesa Community College
Business Management
TRAINING & CERTIFICATIONS:
Series 6 & Series 63 License
First Aid & CPR
Performance Management
Essentials of Leadership
RESUME PAGE 1
EXPERIENCE
City of Tempe Underground Utility Construction JOC (Tempe,
AZ)
The FPS team has served as the City of Tempe’s job order
contractor for underground utility construction since 2014. This
JOC varies from small emergency water line repairs to large
scale multi-jurisdictional water and sewer repairs including the
emergency repair of a 24” steel cylinder transmission main on
the US 60 at McClintock Dr. shown above. This waterline break
caused the emergency closure of the US 60 for several days as
FPS worked around the clock to repair and re-open the freeway.
Other work orders include vault construction waterline, fire
hydrant, and butterfly or gate valve repairs and replacement along
with disinfection, temporary bypass and hydrostatic testing. The
greatest challenge associated with this project stemmed from
the inability to get a complete shut down of the water flow due
to the inoperable valves. After several days of attempts going
over a mile from the actual break, a manageable reduction in
water flow was finally achieved. To allow for better inspection
and maintenance in the future, vaults with by-pass lines and
inspection ports were built on either side of the US 60.
MCFCD East Maricopa Floodway Low Flow Channel -
Guadalupe Rd. - Ray Rd. (Maricopa County, AZ)
FPS installed 17,254 LF of concrete low flow channel. Other
major items included 19,412 CY of channel excavation, 48,400
SY of hydro mulch, ABC maintenance road, access ramps,
access nodes, along with dust control, storm water management
from significant rain events and flow from near farms.
MCDOT Drainage Structure Cleaning Services JOC (Maricopa
County, AZ)
This project includes the rehabilitation and cleaning of multiple
drainage structures throughout Maricopa County. Sizes range
from 8” to 90” round, elliptical and box culverts. Catch basins
and scuppers are also included traffic control, utility locating and
video inspection may also be performed.
ADDITIONAL MAJOR PROJECTS
•
City of Tempe Large Diameter Valve JOC
•
City of Mesa Westwood Improvements CMAR
•
City of Peoria Reclaimed Waterline Segment 2
•
City of Peoria Reclaimed Waterline Segment 3
•
City of Mesa Lehi SRP Service Line
•
City of Peoria 75th Avenue Waterline
RESUME PAGE 2
Victor Marquez
Superintendent
With over 24 years of heavy and civil industry experience, Victor
has worked in many areas in the construction field from labor,
operator, foreman and all the way up to Superintendent. He has
the experience and knowledge first hand to know what it takes to
manage and drive a successful project from initiation to completion.
Victor supervises his team with strategy and daily planning to
ensure safety and work progress is effective at all times.
YEARS OF INDUSTRY EXPERIENCE:
24 years
TRAINING & CERTIFICATIONS:
OSHA 30-Hour
OSHA Confined Space Entry
MSHA Part 48 Certified
Competent Person
Excavation, Fall Protection
Maricopa County Air Quality #310
First Aid & CPR
Lock Out Tagout
RESUME PAGE 1
EXPERIENCE
City of Tempe Underground Utility Construction JOC (Tempe,
AZ)
The FPS team has served as the City of Tempe’s job order
contractor for underground utility construction since 2014. This
JOC varies from small emergency water line repairs to large
scale multi-jurisdictional water and sewer repairs including the
emergency repair of a 24” steel cylinder transmission main on
the US 60 at McClintock Dr. shown above. This waterline break
caused the emergency closure of the US 60 for several days as
FPS worked around the clock to repair and re-open the freeway.
Other work orders include vault construction waterline, fire
hydrant, and butterfly or gate valve repairs and replacement along
with disinfection, temporary bypass and hydrostatic testing. The
greatest challenge associated with this project stemmed from
the inability to get a complete shut down of the water flow due
to the inoperable valves. After several days of attempts going
over a mile from the actual break, a manageable reduction in
water flow was finally achieved. To allow for better inspection
and maintenance in the future, vaults with by-pass lines and
inspection ports were built on either side of the US 60.
MCFCD East Maricopa Floodway Low Flow Channel - Germann
Rd. to Power Rd (Maricopa County, AZ)
The East Maricopa Floodway Low Flow Channel was a design-
bid-build project for an agency, at the time, that was a new client
for FPS Civil. In addition to the physical improvements that were
completed, strong bonds and mutual respect were built through
open communication and integrity. The project was completed
with the highest of quality and in half of the original contract time.
Work included the construction of 12,367 LF of concrete low flow
channel, 82,000 SY of hydro mulch and grouted rip rap, plus
partnering and value engineering for the design and construction
of the Rittenhouse Road drainage channel tie-in.
MCFCD East Maricopa Floodway Low Flow Channel -
Guadalupe Rd. - Ray Rd. (Maricopa County, AZ)
FPS installed 17,254 LF of concrete low flow channel. Other
major items included 19,412 CY of channel excavation, 48,400
SY of hydro mulch, ABC maintenance road, access ramps,
access nodes, along with dust control, storm water management
from significant rain events and flow from near farms.
RESUME PAGE 2
MCFCD Sun City Drains Improvement (Maricopa County, AZ)
This project included installation of 5,110 LF of 60” and 54” HDPE
storm drain concrete structures and manholes to convert an
open channel to an underground drainage system along Grand
Ave and the BNSF Railroad in Sun City.
MCDOT Drainage Structure Cleaning Services JOC (Maricopa
County, AZ)
This project includes the rehabilitation and cleaning of multiple
drainage structures throughout Maricopa County. Sizes range
from 8” to 90” round, elliptical and box culverts. Catch basins
and scuppers are also included traffic control, utility locating and
video inspection may also be performed.
ADDITIONAL MAJOR PROJECTS
•
City of Tempe Large Diameter Valve JOC
•
City of Phoenix Large Valve Replacement and Repairs JOC
•
City of Peoria Reclaimed Waterline Segment 2
•
City of Peoria Reclaimed Waterline Segment 3
•
City of Mesa Lehi SRP Service Line
•
MCDOT William Charles Vulture Mine Recreation Area
•
City of Peoria 75th Avenue Waterline
•
MCFCD (Rummel) Oak Street Basin and Storm Drains
Bryan Mitchell
Superintendent
With over 30 years of progressive industry experience, Bryan
specializes in utilizing FPS’ fleet of hydro vac trucks to carefully
and safely locate underground utilities. In addition, Bryan owned
his own business and has success in management of team
personnel. Bryan has extensive knowledge of all safety and DOT
regulations that relate to our hydro-vac operations and thrives on
careful planning for all of his crew’s activities to meet schedule
expectations and excellent service to resolve any issues that
may arise.
YEARS OF INDUSTRY EXPERIENCE:
30 years
TRAINING & CERTIFICATIONS:
OSHA 30-Hour
OSHA Confined Space Entry
Competent Person
Excavation, Fall Protection
Maricopa County Air Quality #310
First Aid & CPR
Lock Out Tagout
Performance Management
Essentials of Leadership
Communication
RESUME PAGE 1
EXPERIENCE
City of Tempe Underground Utility Construction JOC (Tempe,
AZ)
The FPS team has served as the City of Tempe’s job order
contractor for underground utility construction since 2014. This
JOC varies from small emergency water line repairs to large
scale multi-jurisdictional water and sewer repairs including the
emergency repair of a 24” steel cylinder transmission main on
the US 60 at McClintock Dr. shown above. This waterline break
caused the emergency closure of the US 60 for several days as
FPS worked around the clock to repair and re-open the freeway.
Other work orders include vault construction waterline, fire
hydrant, and butterfly or gate valve repairs and replacement along
with disinfection, temporary bypass and hydrostatic testing. The
greatest challenge associated with this project stemmed from
the inability to get a complete shut down of the water flow due
to the inoperable valves. After several days of attempts going
over a mile from the actual break, a manageable reduction in
water flow was finally achieved. To allow for better inspection
and maintenance in the future, vaults with by-pass lines and
inspection ports were built on either side of the US 60.
MCFCD Sun City Drains Improvement (Maricopa County, AZ)
This project included installation of 5,110 LF of 60” and 54” HDPE
storm drain concrete structures and manholes to convert an
open channel to an underground drainage system along Grand
Ave and the BNSF Railroad in Sun City.
MCDOT Drainage Structure Cleaning Services JOC (Maricopa
County, AZ)
This project includes the rehabilitation and cleaning of multiple
drainage structures throughout Maricopa County. Sizes range
from 8” to 90” round, elliptical and box culverts. Catch basins
and scuppers are also included traffic control, utility locating and
video inspection may also be performed.
ADDITIONAL MAJOR PROJECTS
•
City of Chandler City Wide Building & Facility Maintenance
& Repair Services JOC
•
City of Mesa Lehi SRP Service Line
•
City of Peoria 75th Avenue Waterline
•
MCFCD (Rummel) Oak Street Basin and Storm Drains
RESUME PAGE 2
Wade Mitchell
Superintendent
With over 36 years of progressive industry experience, Wade
brings many years of hands-on experience, expertise, and
knowledge. He manages an efficient and productive crew who
completes all tasks safely with his overall passion for the industry.
Wade provides outside the box thinking, innovative solutions, and
great communication with all stakeholders.
YEARS OF INDUSTRY EXPERIENCE:
36 years
TRAINING & CERTIFICATIONS:
OSHA 30-Hour
OSHA Confined Space Entry
Competent Person
Excavation, Fall Protection
Maricopa County Air Quality #310
First Aid & CPR
Lock Out Tagout
Performance Management
Essentials of Leadership
Communication
RESUME PAGE 1
EXPERIENCE
City of Tempe Underground Utility Construction JOC (Tempe,
AZ)
The FPS team has served as the City of Tempe’s job order
contractor for underground utility construction since 2014. This
JOC varies from small emergency water line repairs to large
scale multi-jurisdictional water and sewer repairs including the
emergency repair of a 24” steel cylinder transmission main on
the US 60 at McClintock Dr. shown above. This waterline break
caused the emergency closure of the US 60 for several days as
FPS worked around the clock to repair and re-open the freeway.
Other work orders include vault construction waterline, fire
hydrant, and butterfly or gate valve repairs and replacement along
with disinfection, temporary bypass and hydrostatic testing. The
greatest challenge associated with this project stemmed from
the inability to get a complete shut down of the water flow due
to the inoperable valves. After several days of attempts going
over a mile from the actual break, a manageable reduction in
water flow was finally achieved. To allow for better inspection
and maintenance in the future, vaults with by-pass lines and
inspection ports were built on either side of the US 60.
MCFCD East Maricopa Floodway Low Flow Channel -
Germann Rd. to Power Rd (Maricopa County, AZ)
The East Maricopa Floodway Low Flow Channel was a design-
bid-build project for an agency, at the time, that was a new client
for FPS Civil. In addition to the physical improvements that were
completed, strong bonds and mutual respect were built through
open communication and integrity. The project was completed
with the highest of quality and in half of the original contract time.
Work included the construction of 12,367 LF of concrete low flow
channel, 82,000 SY of hydro mulch and grouted rip rap, plus
partnering and value engineering for the design and construction
of the Rittenhouse Road drainage channel tie-in.
MCFCD East Maricopa Floodway Low Flow Channel -
Guadalupe Rd. - Ray Rd. (Maricopa County, AZ)
FPS installed 17,254 LF of concrete low flow channel. Other
major items included 19,412 CY of channel excavation, 48,400
SY of hydro mulch, ABC maintenance road, access ramps,
access nodes, along with dust control, storm water management
from significant rain events and flow from near farms.
RESUME PAGE 2
MCFCD Sun City Drains Improvement (Maricopa County, AZ)
This project included installation of 5,110 LF of 60” and 54” HDPE
storm drain concrete structures and manholes to convert an
open channel to an underground drainage system along Grand
Ave and the BNSF Railroad in Sun City.
ADDITIONAL MAJOR PROJECTS
•
City of Tempe Large Diameter Valve JOC
•
City of Mesa Westwood Improvements CMAR
•
City of Phoenix Large Valve Replacement and Repairs JOC
•
MCDOT William Charles Vulture Mine Recreation Area
•
MCFCD (Rummel) Oak Street Basin and Storm Drains
•
MCFCD McMicken Dam Outlet Channel Phase 2
Request For Qualifications
Page 26
Job Order Contractor for the Flood Control District of Maricopa County
Thursday, December 21, 2023
Job Order Contractor
Serial# 240008-JOC
Attachment 1 - REFERENCE FORMAT
Maricopa County requires a minimum of THREE references and or a maximum of five (most recently)
completed projects that are similar in magnitude, complexity, and dollar value. This form may be replicated
as needed to be responsive to the RFQ.
1.
Company Name:
Address:
Phone Number:
Fax Number:
Person to Contact:
Email Address:
Owner’s Bid # or Project #:
Date of Completion:
Brief Project Description (including partnering team and owner’s project name):
2.
Company Name:
Address:
Phone Number:
Fax Number:
Person to Contact:
Email Address:
Owner’s Bid # or Project #:
Date of Completion:
3.
Company Name:
Address:
Phone Number:
Fax Number:
Person to Contact:
Email Address:
Owner’s Bid # or Project #:
Date of Completion:
Bid 240008-JOC
Maricopa County
12/20/2023 12:43 PM
p. 29
n/a
City of Tempe
n/a
Erich Bonz
n/a
Erich_Bonz@tempe.gov
Contract # C2019-235
200032-DBB
February 2020, completed 89 days ahead of scheduled completion date.
Maricopa County Flood Control District
Mike Stanley
(602) 980-0451
Mike.Stanley@Maricopa.gov
220022-DBB
31 East Fifth Street, MailStop 01-8, Tempe, Arizona 85281
(480) 350-5827
Maricopa County Flood Control District
Mike Stanley
March 2023, completed 210 days ahead of allowed contract time.
2801 West Durango Street, Phoenix, Arizona 85009
(602) 980-0451
Mike.Stanley@Maricopa.gov
On-going
City of Tempe Underground Utility JOC - This JOC varies from small water valve and service
replacements at a cost of $50,000 to medium size project including manholes, vaults, transmission
main replacements at a cost of $1,500,000 to a large scale projects at $5,430,000.
Project Partners: City of Tempe, ADOT, Maricopa County Air Quality Dept., ADEQ.
Brief Project Description (including partnering team and owner’s project name):
East Maricopa Floodway Low Flow Channel - Germann Rd. to Power Rd - This project consisted of
the placement of 12,363 LF of reinforced concrete low flow channel, 16,307 CY of excavation and
98,184 SY of fine grading plus 81,700 SY of hydro mulch.
Project Partners: MCFCD, City of Mesa, Town Of Gilbert, Roosevelt WCD, Union Pacific RR,
Maricopa County Air Quality Dept., ADEQ.
East Maricopa County Floodway Low Flow Channel - Guadalupe Rd. - Ray Rd. - This project
consisted of the placement of 17,254 LF of reinforced concrete low flow channel, 19,354 CY of
channel excavation, 380 SY of surface treatments, 74,890 SY of hydro mulch, as well as multiple
access nodes, side drains, and side inlets.
Project Partners: MCFCD, City of Mesa, Roosevelt WCD, Maricopa County Air Quality Dept., ADEQ.
Brief Project Description (including partnering team and owner’s project name):
2801 West Durango Street, Phoenix, Arizona 85009
Brief Project Description (including partnering team and owner’s project name):
Request For Qualifications
Page 26
Job Order Contractor for the Flood Control District of Maricopa County
Thursday, December 21, 2023
Job Order Contractor
Serial# 240008-JOC
Attachment 1 - REFERENCE FORMAT
Maricopa County requires a minimum of THREE references and or a maximum of five (most recently)
completed projects that are similar in magnitude, complexity, and dollar value. This form may be replicated
as needed to be responsive to the RFQ.
4.
Company Name:
Address:
Phone Number:
Fax Number:
Person to Contact:
Email Address:
Owner’s Bid # or Project #:
Date of Completion:
5.
Company Name:
Address:
Phone Number:
Fax Number:
Person to Contact:
Email Address:
Owner’s Bid # or Project #:
Date of Completion:
Bid 240008-JOC
Maricopa County
12/20/2023 12:43 PM
p. 29
(602) 506-3076
(602) 679-1490
n/a
Maricopa County Flood Control District
Vincent Chan
Vincent.Chan@Maricopa.gov
220013-DBB
October 2022, completed 91 days ahead of schedule
Maricopa County Department of Transportation
Mark Sanchez
n/a
Mark.Sanchez@Maricopa.gov
Contract # 210185-S
301 W Jefferson Street- Suite 700 Phoenix, Arizona 85003
2801 West Durango Street, Phoenix, Arizona 85009
On-going
Brief Project Description (including partnering team and owner’s project name):
Sun City Drains Improvements - This project included installation of 5,110 LF of 60” and 54” HDPE
storm drain, concrete structures and manholes to convert an open channel to an underground
drainage system along Grand Ave and the BNSF Railroad in Sun City.
Project Partners: MCFCD, MCDOT, APS, Burlington Northern Santa Fe RR.
Drainage Structure Cleaning Services JOC - The Maricopa County JOC averages 3 projects per year
including some emergency work. The average cost per project is $214,604.
Project Partners: Maricopa County, MCDOT, Town of Gila Bend.
Request For Qualifications
Page 36
Job Order Contractor for the Flood Control District of Maricopa County
Thursday, December 21, 2023
Job Order Contractor
Serial# 240008-JOC
Attachment 6- SCOPE OF WORK CHECKLIST
Proposers: Indicate which JOC Services Scope of Work, or combination thereof, that you are submitting a proposal for.
Include this document with your Statement of Qualifications and on this Attachment/Form mark (X) each scope of work that your firm
intends to provide JOC Services under this Request of Qualifications/contract.
_____ SCOPE OF WORK for Concrete Placement and Repair Services
_____ SCOPE OF WORK for Earthwork Services and Debris Removal
_____ SCOPE OF WORK for Storm Drain Repair and Replacement
_____ SCOPE OF WORK for Surface Treatment and Installation Services
_________________________________________________Name of Submitting Firm
Bid 240008-JOC
Maricopa County
12/20/2023 12:43 PM
p. 39
FPS Civil, LLC
Paveco, Inc.
FPS CIVIL, LLC.
EMPLOYEE & SAFETY HEALTH HANDBOOK
March 2020
Page 2 of 16
TABLE OF CONTENTS
INTRODUCTION ...................................................................................................... 3
RESPONSIBILITIES ................................................................................................... 3
ORIENTATION ......................................................................................................... 3
SAFE WORK PRACTICES .......................................................................................... 4
COMMUNICATION .................................................................................................. 4
HAZARD COMMUNICATION (EMPLOYEE RIGHT TO KNOW) .................................... 4
LABELING UNDER GHS (GLOBAL HARMONIZED SYSTEM) ........................................ 5
CONFINED SPACE ENTRY ......................................................................................... 6
EXCAVATION AND TRENCHES ................................................................................. 7
FALL PROTECTION .................................................................................................. 8
RESPIRATORY PROTECTION .................................................................................... 8
HEAVY EQUIPMENT ................................................................................................ 8
WORK ZONES ......................................................................................................... 8
RIGGING AND LIFTING ............................................................................................ 9
HAND TOOLS .......................................................................................................... 9
ELECTRICAL SAFETY ................................................................................................ 9
LADDER SAFETY ...................................................................................................... 9
FIRE SAFETY .......................................................................................................... 10
PERSONAL PROTECTIVE EQUIPMENT .................................................................... 10
JOBSITE SAFETY .................................................................................................... 10
VEHICLE SAFETY.................................................................................................... 11
TEXT MESSAGING/E-MAILING WHILE DRIVING ..................................................... 11
PERSONAL USE OF COMPANY VEHICLES AND EQUIPMENT ................................... 11
RIDERS IN COMPANY VEHICLES ............................................................................ 11
DRIVING COMPANY VEHICLES .............................................................................. 11
TRAFFIC VIOLATIONS ............................................................................................ 11
WATCH LIST DRIVERS ........................................................................................... 12
PROHIBITED DRIVERS ........................................................................................... 12
TRAINING ............................................................................................................. 12
INJURY REPORTING AND CARE ............................................................................. 12
RECOGNITION AND ACCOUNTABILITY .................................................................. 13
RECOVERY REWARD ............................................................................................. 13
JOBSITE SECURITY................................................................................................. 13
WEAPONS IN THE WORKPLACE ............................................................................. 14
VIOLENCE IN THE WORKPLACE ............................................................................. 14
COVID-19 .............................................................................................................. 14
CONCLUSION ........................................................................................................ 16
March 2020
Page 3 of 16
INTRODUCTION
At FPS, our employees are our most important asset and the personal health and safety of each employee is of primary importance.
We fully expect every employee to complete work tasks in a safe manner, consistently. A comprehensive Safety & Health program is
in place at FPS.
We believe that all accidents and injuries can be prevented. We are vitally concerned about the human suffering and financial losses
resulting from on-the-job accidents, both for the individual and the Company. Therefore, the prevention of incidents is a major
company objective, requiring the active and sincere cooperation of all employees.
We ensure a Safe Work atmosphere and the prevention of incidents by being proactive with a quality orientation, ongoing education
and training, pre-task planning, hazard identification and accountability. FPS provides the necessary resources to all employees and
empowers you to consistently perform your job in a safe manner. It is YOUR responsibility to work safely and to immediately report
any at-risk behaviors and/or conditions to your supervisor.
Report all accidents, no matter how minor, to your supervisor immediately. We want to provide you with prompt medical treatment
from one of our designated physicians. Prompt reporting of the accident will help us to take steps to reduce the possibility of future
accidents.
Remember safety rules are only as effective as you make them. Safety is a cooperative endeavor and must be kept constantly in
mind by all of us. Exercise common sense and good judgment in all that you do on the job. Then, every employee goes home incident
and injury free each and every day.
It is our policy that no job or service performed by an employee is so important or urgent that it cannot be performed safely. We
welcome suggestions from employees that will further help provide safe and healthful conditions and practices.
The following key elements which are applicable to your job with the Company were reviewed during your orientation process and
will be covered in further detail on the job by your immediate supervisor. Our intention is for this to serve as a guide to the FPS
Employee & Safety Health Manual and does not represent all of the company’s safety policies and procedures. For more detailed
information, please see your supervisor or a member of the Safety Department.
RESPONSIBILITIES
We believe that the responsibility for safety and health are shared.
FPS accepts the responsibility for leadership of the safety and health program, for its effectiveness and improvement and
for providing the safeguards required to ensure safe conditions.
Supervisors are responsible for having the proper commitment toward safety and health and developing the same in
those they supervise. Supervisors will ensure that proper planning takes place and all operations are performed with the
utmost regard for the safety and health of all personnel. In addition, supervisors must immediately report all injuries,
equipment, company vehicle, 3rd party or property damage incidents to the Safety Department. Supervisors are
responsible for conducting daily tool box safety meetings, including Safety Shares, incident lessons learned, and near hits
with all employees.
Employees are responsible for the safety and health program by complying with all policies, rules, regulations and for
continuously practicing safety while performing their duties. Employees are expected to immediately report any injuries,
equipment, company vehicle, 3rd party or property damage incidents to their supervisor. Employees are expected to
cooperate and assist with accident investigations and reports to help determine ways incidents can be avoided in the
future.
The Company has a Zero Tolerance policy against not reporting injuries, equipment, Company vehicle, 3rd party or property damage.
Violation of this policy may result in disciplinary action up to and including termination of employment with FPS.
ORIENTATION
FPS is committed to providing Safety & Health related orientation and training to all employees. This handbook is intended to be an
overview of the Safety & Health policies and programs covered in detail during your new hire orientation. Additional task specific
training will be provided by your supervisor.
March 2020
Page 4 of 16
SAFE WORK PRACTICES
All employees and subcontractors shall follow FPS safe practice rules, render every possible aid to safe operations and
immediately report all at-risk conditions or practices to their supervisor.
Supervisors shall insist on employees observing and obeying all safety policies, practices and procedures and shall take
such action as is necessary to obtain compliance.
All employees assigned to a project will participate in daily pre-task planning and daily stretch and flex activities.
Employees will be given regular safety instructions by their supervisor(s) during the work day.
All employees will be accountable for full compliance with our Drug Free Workplace policy.
Horseplay, scuffling and other acts that may have an adverse influence on the safety or well-being of our employees is
prohibited.
No one shall knowingly be permitted or required to work while the employee’s ability or alertness is so impaired by fatigue,
illness or other causes that it might unnecessarily expose the employee or others to injury.
Employees shall ensure that all guards and other protective devices are in proper place, adjusted and operational and
shall report deficiencies promptly to their supervisor.
Employees will not handle or tamper with any electrical equipment, machinery, air or water lines in a manner not within
the scope of their duties.
All injuries and incidents must be reported immediately to the supervisor so that arrangements can be made for medical
or first aid treatment and proper investigation.
When possible, powered equipment should be used to lift heavy objects. When lifting objects manually, plan the lift first,
keep the load close to the body, use your leg muscles, pivot your feet (no twisting).
Proper personal protective equipment must be worn based upon the job task and associated hazards.
Power and hand tools must be inspected prior to use, be in good repair and utilized only for their intended purpose.
All General Contractor safety requirements must be adhered to at all times.
COMMUNICATION
Since Safety & Health is a shared responsibility, we value the input of each and every employee at FPS. Our collaborative efforts will
make us industry leaders in Safety & Health.
FPS meets regularly to develop plans and strategy on continually improving our safety process. Primary objectives are to:
Conduct job site safety surveys with project supervision to identify hazards and implement measures to prevent incidents.
Plan for staff training on various pertinent topics.
Review all incident investigations to determine causes and best methods of prevention.
Review claims management progress and action plans.
Review safety suggestions and facilitate implementation.
Discuss any new or emerging safety issues and implement corrective actions to mitigate risk.
Track corrective actions to closure.
Supervisors conduct daily tool box safety meetings, including Safety Shares, incident lessons learned, and near hits with all employees.
HAZARD COMMUNICATION (Employee Right to Know)
Each employee has a “right to know” what components are in each chemical or substance in the workplace, the hazards associated
with those substances and methods to protect yourself while using the product.
All supervisors have immediate access to Material Safety Data Sheets (MSDSs) or Safety Data Sheets (SDSs). The information
contained in the SDS is largely the same as the MSDS, except the information in the SDS’s are required to be represented in a
consistent “user friendly”, 16 section format. MSDS’s/SDS’s provide the following information:
Section 1- Identification
This section includes: Product name Manufacturer or distributor name, address, phone number, emergency phone number, and
recommended use and restrictions on use.
Section 2 - Hazard(s) identification
March 2020
Page 5 of 16
This section includes: All hazards regarding the chemical and required label elements (including precautionary statements and hazard
symbols).
Section 3 - Composition/information on ingredients
This section includes:
Information on chemical ingredients (the chemical identity, common names and synonyms).
The Chemical Abstracts Service (CAS) number which is a unique numerical identifier assigned by CAS to every chemical
substance.
The Enzyme Commission (EC) number which is a numerical classification scheme for enzymes, based on the chemical
reactions they catalyze, and impurities and stabilizing additives which are themselves classified and which contribute to
the classification of the substance.
Trade secret claims that the manufacturer may be able to withhold ingredient information if any ingredients are trade
secrets. Keep in mind, each state has different laws regarding this.
Section 4 - First-aid measures
This section includes: Important symptoms or effects and required treatment.
Section 5 - Fire-fighting measures
This section lists: Suitable extinguishing techniques and equipment chemical hazards from fire.
Section 6 - Accidental release measures
This section lists: Emergency procedures, protective equipment, proper methods of containment and cleanup.
Section 7 - Handling and storage
This section lists: Precautions for safe handling and storage, including incompatibilities.
Section 8 - Exposure controls/personal protection
This section lists: OSHA’s Permissible Exposure Limits (PELs), Threshold limit values (TLVs), appropriate engineering controls, and
personal protective equipment (PPE).
Section 9 -Physical and chemical properties
This section lists: The chemical’s characteristics.
Section 10 - Stability and reactivity
This section lists: Chemical stability and possibility of hazardous reactions.
Section 11 - Toxicological information
This section includes: Routes of exposure, related symptoms, acute and chronic effects, and numerical measures of toxicity.
Section 12 - Ecological information
Other agencies regulate this information. This may be included, but OSHA does not require this section.
Section 13 - Disposal considerations
Other agencies regulate this information. This may be included, but OSHA does not require this section.
Section 14 - Transport information
Other agencies regulate this information. This may be included, but OSHA does not require this section.
Section 15 - Regulatory information
Other agencies regulate this information. This may be included, but OSHA does not require this section.
Section 16 - Other information, including date of preparation or last revision
Proper Personal Protective equipment (PPE) is provided by FPS and it is your responsibility to select and wear the appropriate PPE
per the MSDS/SDS, available through your supervisor.
LABELING UNDER GHS (Global Harmonized System)
March 2020
Page 6 of 16
OSHA’s modification of the Hazard Communication Standard (HCS) to adopt the Globally Harmonized System of Classification and
Labeling of Chemicals (GHS), standardized pictograms are required on all chemical labels. For your own safety, familiarize yourself
with the potential hazards associated with each pictogram.
Pictograms and their corresponding hazards:
Health Hazard
Flame
Exclamation Mark
• Carcinogen
• Mutagenicity
• Reproductive toxicity
• Respiratory sensitizer
• Target organ toxicity
• Aspiration toxicity
• Flammables
• Pyrophorics
• Self-heating
• Emits flammable gas
• Self-reactives
• Organic peroxides
• Irritant (skin and eye)
• Skin sensitizer
• Acute toxicity (harmful)
• Narcotic effects
• Respiratory tract irritant
• Hazardous to ozone layer
(non-mandatory)
Gas Cylinder
Corrosion
Exploding Bomb
• Gases under pressure
• Skin Corrosion/ burns
• Eye damage
• Corrosive to metals
• Explosives
• Self-reactives
• Organic peroxides
Flame Over Circle
Environment
(Non-mandatory)
Skull and Crossbones
• Oxidizers
• Aquatic toxicity
• Acute toxicity (fatal or
toxic)
CONFINED SPACE ENTRY
A confined space has limited or restricted means for entry or exit, is large enough for a person to work in and is not designed for
continuous employee occupancy.
The highlights to remember for proper Confined Space Entry include:
Pre-task planning.
Atmosphere testing and monitoring.
Ventilation.
Training.
Lockout/Tagout.
Attendants.
Entrant.
Tools/ equipment.
Entry permit.
Rescue.
Recordkeeping.
A Confined Space is “Permit Required” if any of the following are true:
March 2020
Page 7 of 16
Contains or has the potential to contain a hazardous atmosphere.
Contains a material that has the potential for engulfing an entrant.
Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a
floor which slopes downward and tapers to a smaller cross-section.
Contains any other recognized serious safety or health hazard.
Prior To Entry – A Competent person must be on site to ensure that following occurs:
Classification of the space
Permit is completed.
Atmospheric testing.
Internal atmosphere testing before entering space.
Internal atmosphere testing at different levels in the space.
Ongoing internal atmosphere testing.
Document all results.
Common Confined Space Hazards are:
Oxygen levels below19.5% or above 23.5%.
Flammable/explosive gasses (Methane).
Toxics (H2S or CO).
Physical hazards (flooding, overhead loads, etc.).
Biologicals (Hepatitis).
Unknowns.
Please contact 911 immediately in an emergency situation!
EXCAVATION AND TRENCHES
An excavation is a man-made cut, cavity or trench in the earth, formed by earth removal. A trench is a narrow excavation, where the
depth is generally greater than the width. The highlights to remember for proper Excavation and Trench Safety include:
Prior to digging, as-built drawings and plans must be reviewed to ensure that all utilities are properly marked and/or
located. Blue stake and/or appropriate utility locator service must be contacted prior to ensure proper identification of
utilities.
FPS potholing operational procedures must be adhered to at all times.
Soft dig (hand dig or pothole truck) must be used to visually identify the utility at the point of crossing, prior to
using mechanical equipment to dig.
Hand dig two (2) feet around utility (on all sides).
Mechanical tools can be used to remove asphalt or concrete on the surface only.
All Excavations and Trenches will be inspected by the Competent Person daily prior to work and whenever conditions
change.
Soil type will be determined by the Competent Person using one of the proven test methods.
Ladders or other means of access/egress are required when trench or excavation depths are 4 feet or greater. Employees
shall not work more than 25 feet from the point of access/egress.
One of four protective systems listed below must be used when excavation depths are 5 feet or greater:
Sloping
Benching
Trench Shoring
Trench Shielding (trench boxes)
Always maintain spoils a minimum of 2 feet from the edge of the excavation.
March 2020
Page 8 of 16
FALL PROTECTION
All employees exposed to a fall of 6 feet or greater (excluding areas immediately adjacent to excavations) must be protected by an
approved protective system:
Guardrails
Top Rail 42” ± 3”.
Mid Rail located half way between top rail and walking surface.
Toe Board 4” nominal.
Must be able to withstand 200 pounds of outward and downward force.
Fall Arrest/Restraint
Includes use of full body harness.
Must use shock absorbing lanyards or retractable life lines at all times.
Anchorage points must be rated to withstand 5000 pounds of force or two times the intended load.
No body belts are allowed.
Safety Nets (rarely used at FPS)
All floor openings or other “holes” in walking surfaces greater than 2” square must be securely covered and clearly marked as a
“Hole”.
RESPIRATORY PROTECTION
When hazard evaluation determines a potential health hazard exists (harmful dust, fog, fume, gas, smoke, spray or vapor) and
engineering controls are not available or feasible, proper respiratory protection program elements will be followed. This includes
completion of a medical questionnaire, with physician review, pulmonary function tests if required, respirator selection, fit testing
and training.
HEAVY EQUIPMENT
Inspect all equipment prior to use.
Never operate equipment without proper training.
Always use a spotter when backing and minimize the amount of backing necessary.
Ensure that the backup alarm is operational.
Always wear seat belts.
Maintain eye contact with all workers on the ground.
Complete Daily Equipment Checklist (Backup alarms, glass, mirrors, etc.).
Maintain 3 points of contact on ladders while entering and exiting equipment.
No riders on equipment - no exceptions.
All employees who operate forklifts will be trained by an authorized instructor.
Keep a safe distance from drop off edges.
Keep a safe distance from other equipment.
Maintain safe speed for traveling conditions.
Right of way goes to the larger piece of equipment, unless otherwise specified by facility owner or general contractor.
360 walk must be completed before entering the cab of any equipment or vehicle.
Smoking, including vapor devices, is prohibited in Company equipment.
WORK ZONES
Employees being struck by vehicles or mobile equipment lead to many fatalities and serious injuries. The highlights to remember for
work zone safety are:
Work zone plans will be developed by a Competent Person.
In addition to protection of the motoring public (External Work Zone Protection), special attention must be paid to the
hazards involved with on-site construction related traffic (Internal Work Zone Protection).
People on the ground need to make eye contact with the operator and also understand that heavy equipment has
March 2020
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significant blind spots, sometimes in excess of 30’ from the equipment.
Barricade personnel and flaggers will wear ANSI Class 3, High Visibility Safety Apparel.
Flaggers working on public streets or roadways must be certified.
An emergency action plan will be established for each site.
RIGGING AND LIFTING
Inspect all rigging prior to use.
Remove damaged rigging from service immediately and tag “out of service.”
Only use properly tagged and rated rigging equipment.
DO NOT use chains that are not tagged and rated for overhead lifting for rigging.
Involve a competent person to:
Plan every lift.
Determine the weight of the object being lifted, capacity of the machine conducting the lifting, and the capacity of the
rigging being used.
Always use a tagline unless it creates an additional hazard.
Determine proper number of taglines.
Use proper hand signals when directing cranes and other lifting equipment.
Stand clear and never stand under or in the path of an overhead load.
HAND TOOLS
Inspect tools prior to use to ensure they are in good repair.
Ensure that all guards are in place and operational.
Only use tools for their intended purpose and do not use “cheaters.”
Operators of powder actuated tools must be certified prior to use.
When using cutting tools such as knives, direct the cutting motion away from your body keeping sharp edges and points
directed away from other and yourself. Cut resistant gloves are available through your supervisor
ELECTRICAL SAFETY
Keep all equipment and tools a minimum of 10 feet from overhead power lines.
Assume that lines are energized.
Inspect all electrical tools before each use.
Remove damaged electrical equipment from service.
Use GFCI protected electrical sources on construction sites if available. If not available, FPS assured grounding program
must be followed.
Tools without a ground plug must be double insulated.
When working around any electrical power circuit, employees will:
Protect themselves by de-energizing the circuit and grounding it or by establishing insulation between themselves
and the current.
Ensure that any conductive materials and equipment that are in contact with any part of their body will be handled
in a manner that will preclude contact with exposed energized conductors or circuit parts.
Use portable ladders that have non-conductive side rails.
Remove or insulate conductive articles of jewelry and clothing that might contact exposed energized parts.
When working near or on de-energized parts, they will be considered energized unless they are locked out or tagged out in
accordance with our control of hazardous energy program.
Electrical equipment and lines must be assumed to be energized until proved to be de-energized. Operating voltages of
equipment and lines must be determined before working on or near energized parts.
LADDER SAFETY
March 2020
Page 10 of 16
Setup ladders on a stable surface.
Always keep belt buckle between the rails.
Do not exceed the maximum design weight of the ladder.
Do not carry items up or down a ladder. Use a hoist.
Remove damaged ladders from service immediately.
Step Ladders
Should be fully opened and the cross braces locked in place.
Do not stand on top or next to top rung (typically designated on ladder).
Do not “walk” ladders, climb down and move them to their new position.
Extension Ladders
Set up at a 4/1 rise to run angle.
Secured at the top (and bottom if necessary).
Top of ladder should extend minimum of 3 feet above the ladder’s landing.
FIRE SAFETY
If the fire is past its beginning or initial stages, Dial 911 FIRST!
If a fire is discovered immediately get to a safe location and contact your supervisor. If appropriate trigger the alarm
system or notify other to evacuate the area.
In complying with applicable federal, state and local laws and to provide a safe and healthful work environment, smoking,
including vapor devices, is prohibited throughout the workplace. Smoking is permitted only in the designated smoking
areas which have been established at the main office, shop and on job sites.
Have proper welding and/or cutting permits where required.
Post a fire watch in high fire risk areas.
Fire extinguishers are located in each office area, trailer, shanty, company vehicle and mobile equipment cabs.
Using fire extinguishers by following PASS:
Pull the pin.
Aim the nozzle.
Squeeze the handle.
Sweep the base of the fire.
PERSONAL PROTECTIVE EQUIPMENT
ANSI rated safety glasses, hard hats, high visibility vests and safety - toed work boots must be worn at all times.
Hard hats will be worn while operating equipment and where designated by your supervisor or a safety representative.
Hearing protection will be worn as needed in high noise areas and available for voluntary use, upon the request of the
employee.
Gloves will be worn as needed based upon the job task and hazards.
Goggles and face shields are required when chipping, grinding, pot-holing, splash exposures and for other identified
hazards.
Properly rated protective equipment and clothing meeting the minimum requirements set by the NFPA 70E when
conducting energized electrical work (EEW).
Metatarsal protectors are required when operating a jumping jack or jack hammer.
Respirators will be worn when health hazards exist and engineering controls are not available or are infeasible. Nuisance
dust masks are available for voluntary use upon the request of the employee.
Additional PPE for specific hazardous tasks will be made available through your supervisor.
PPE which is damaged or worn to the point it is no longer providing adequate protection shall not be used.
Worn or broken PPE can be replaced through your supervisor
JOBSITE SAFETY
March 2020
Page 11 of 16
Employee parking is limited to designated areas.
Observe all traffic control procedures when working in or next to live traffic.
For work in hazardous situations, we require a minimum of 2 people at all times.
Good housekeeping practices set the tone for job site safety. This includes not only your work area, but the lay down yard,
shanties and office areas. Clean job sites are safer job sites. Do your part to maintain clean sites.
Drinking water and toilet facilities will be provided on all jobs.
Keep your work area neat and organized.
Desk and file cabinet drawers should be kept closed when not in use.
Ensure that extension cords have a proper ground plug and do not create a tripping hazard to you or others.
Only use step ladders in good condition to retrieve materials from elevated areas. Never stand on a chair.
Clean up all fluid spills immediately and if you observe other hazards, immediately report them to your supervisor or the
Safety Department.
Use kitchen appliances and utensils with caution and only use knives that are sharp and in good repair.
VEHICLE SAFETY
Statistically, operating a vehicle is the most hazardous task we perform at FPS. While operating a company vehicle some important
elements to adhere to include:
Following all federal, state and local transportation laws.
Conducting regular inspections on your vehicle (tire pressure, glass, etc.).
Staying current on all preventative maintenance.
Ensuring that all vehicle occupants wear seatbelts at all times.
CDL Drivers must comply with all applicable DOT regulations.
Report all vehicle incidents and accidents to your supervisor and the Safety Department, immediately.
Smoking, including vapor devices, is prohibited in Company vehicles.
Text Messaging/E-Mailing While Driving
Text messaging and e-mailing (includes reading) are not permitted while driving. We strongly encourage employees to only initiate
phone calls while parked at a safe location.
At FPS our goal is Safety and we want employees to be focused on the road at all times. This will provide you the opportunity to drive
defensively and be prepared to safely react to sudden traffic stops and the many at-risk driving behaviors of others that we all
experience every single time we drive.
Personal Use of Company Vehicles and Equipment
The personal use of company equipment and vehicles is prohibited without the prior approval of a member of the Executive
Management Team.
Riders in Company Vehicles
Only employees and guests of employees are permitted to ride in any company vehicle or equipment owned and/or leased by FPS.
Guests would include vendors, customers, etc. Prohibited riders include the employee’s family, friends, hitchhikers, etc.
Driving Company Vehicles
Employees are prohibited from driving any company vehicle until they receive notification that they are an “Approved” driver. To be
considered an approved driver, the employee must have a valid Arizona Drivers’ License appropriate for the vehicle driven and his/her
Motor Vehicle Report (MVR) must be reviewed by the Company and approved.
Traffic Violations
A clean driving record is very important. The Company reviews MVRs of all authorized drivers on a semi-annual basis. The Company
also monitors photo radar violations which may not appear on an MVR but are considered when reviewing an employee’s driving
record to determine suitability to be an “Approved” driver.”
March 2020
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All traffic violations that occur while driving a company or personal vehicle must be reported to the Safety Department immediately,
even if the violation occurred on personal time.
Any employee who has significant violations may be placed on a “Watch List” or be designated a “Prohibited” driver.
Watch List Drivers
Drivers are placed on the “Watch List” when their driving record contains certain types or numbers of violations. These employees
are authorized to drive company vehicles but will have their driving records reviewed on a monthly basis.
Prohibited Drivers
“Prohibited” drivers are not permitted to operate company vehicles or equipment on public roads, outside of designated work areas,
highway or Aviation “air side” at any time.
The Company reserves the right to determine what is considered an acceptable and unacceptable driving record.
TRAINING
FPS provides extensive employee safety training on a variety of subjects. This training is based on the specific exposures and hazards.
Through the course of your employment, you will be trained on the hazards associated with your work and the precautions you will
need to take to protect yourself.
INJURY REPORTING AND CARE
In case of a serious injury, the wellbeing of the injured individual is of the highest priority. For serious injuries or if you
are in doubt – Call 911.
First aid is for the treatment of injuries that are minor in nature and do not require treatment by medical professionals.
The determination to render first aid will be made by only trained personnel. First Aid kits are available in the main office,
shop office, all office trailers and superintendent vehicles.
CPR/First Aid will only be provided by trained personnel. Only trained personnel should clean up blood or any other bodily
fluid as they are properly trained to protect themselves from disease transmission using Universal Precautions.
A supervisor (or designee) should accompany the injured individual to the medical facility.
Non-emergency injuries requiring medical treatment will be treated at the local company designated Occupational
Medical Clinic.
Report all work related accidents and injuries, no matter how minor, to your supervisor immediately. Failure to do so may
result in disciplinary action, up to and including termination.
Failure to promptly report your work place injury may result in denial of your Workers’ Compensation claim by the
insurance company.
Work Related Injuries/Illness
FPS provides Workers’ Compensation Insurance for its employees. Workers’ Compensation benefits are paid for by the Company
and governed by state law. The Workers’ Compensation system provides for coverage of medical treatment and expenses as well as
payment for lost wages resulting from a work-related injury/illness.
Off-Duty or Recreational Injuries
FPS and/or its insurer will not be liable for the payment of Workers’ Compensation benefits for any injury that arises out of an
employee’s participation in any off-duty recreational, social or athletic activity that is not a part of the employee’s work-related
duties.
The Company neither encourages, nor prohibits, off-duty activities involving FPS employees. The Company cautions employees that
any participation in off-duty activities is voluntary on the part of the employee, and not work-related.
Transitional Return to Work
March 2020
Page 13 of 16
FPS provides this program as a means to return injured employees to meaningful and productive employment following a
compensable job-related injury or occupational illness. Transitional Return to Work (TRTW) is temporary, with the mutual goal to
return the employee to their original job.
To the greatest degree possible, management will provide for the prompt and safe reinstatement of an employee into the work
environment. This may not always be possible as the type of work restrictions indicated by the medical professional will guide us in
selecting and assigning available work tasks during this transitional time.
This program will only be successful with a cooperative effort between the injured employee, direct supervisor, Safety Department,
medical professional and insurance claims adjuster. Proper medical treatment and communication by all parties are the keys to
achieving the best result, a prompt return to the original job. FPS management reserves the right to revise or discontinue TRTW at
any time.
RECOGNITION AND ACCOUNTABILITY
Our safety expectations are clearly defined, measured and rewarded at FPS. This accountability process enables us to achieve our
Safety goals. The following is a brief summary of our Safety recognition program, which is subject to revision at any time by
management.
Project (Team Reward)
We will celebrate projects meeting or exceeding safe work behavior goals and preventable incident goals by project work hours.
Employee (Individual Reward)
Rewards will be issued at set intervals during the year to employees who demonstrate Safe Work behaviors and results. As longer
periods of Safe Work are achieved, rewards also increase. Rewards may include movie tickets, gift cards, and company logo
merchandise.
Disqualification Criteria
Any one of these elements disqualifies the Employee from our Safety Recognition Program:
Traffic citation or at fault vehicle accident.
Citation or third-party write-up
Performance documentation for unsafe behavior
Discipline
Violations of the Safety & Health policy may result in discipline up to and including termination of employment. FPS reserves the
right to choose the appropriate level of discipline.
RECOVERY REWARD
The Company will pay up to ½ of the fair market value, not to exceed $1,000 for information leading to the recovery of any stolen
company property. The circumstances and situation of each recovery will be taken into consideration and the information and its
source will be held in strict confidence. Employees having any information with regards to stolen property may contact their
supervisor or a member of the Executive Management Team.
JOBSITE SECURITY
Security of people and property on all FPS Civil, LLC projects and offices must be considered. Prevention from harm, as well as
prevention of loss of equipment, supplies or in-place construction through theft or vandalism is vital to our success. Implementation
of jobsite security measures will be the responsibility of the Project Manager and the Project Superintendent/Foreman. The
guidelines stated below are to be used as an aid in the development of an effective security program for each project.
March 2020
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Company Office Trailers/Shanties:
All office trailers and equipment shanties will be secured before company supervisory personnel leave the site. This
includes placement of locks on access doors and in some cases, parking equipment in front of those access doors to
prevent entry.
Fire resistant file cabinets shall be provided for all essential files.
Tools shall be engraved or marked with appropriate identification.
When possible, the jobsite should be totally enclosed with a fence or other means to prevent causal access.
The Project Manager will be responsible to ensure all proper signage is posted. Parking for construction personnel shall
be specifically designated and separated from the area under construction. Any personal or subcontracted Company
vehicles allowed in the construction area must have a current insurance policy and a Certificate of Insurance must be on
file.
WEAPONS IN THE WORKPLACE
The Company strictly prohibits weapons of any type in its facilities, and at any company-sponsored events. This includes visible and
concealed weapons, even those for which the owner has obtained the necessary permits. This policy does not include firearms that
may be locked in your personal vehicle on company property.
While this list is not all-inclusive, “weapons” includes firearms, knives, any explosive materials, and any other objects that could be
used to harass, intimidate, or injure another individual.
Violators of this policy will be subject to disciplinary action, up to and including termination.
VIOLENCE IN THE WORKPLACE
Any action, which in management’s opinion is inappropriate to the workplace, will not be tolerated. Such behaviors may include, but
are not limited to, physical and/or verbal intimidating, threatening, or violent conduct, vandalism, sabotage, arson, use of weapons,
and bullying. Also prohibited is the carrying of weapons onto company property, regardless of whether the employee possesses a
concealed carry permit.
Employees should immediately report any such occurrences to their supervisor or to the Human Resources Department. We will
investigate complaints. When employees are found to have engaged in the above conduct, management will investigate and take
action that it believes is appropriate.
Employees should directly contact law enforcement, security, and/or emergency services if they believe there is an imminent threat
to the safety and health of themselves or co-workers.
If you are a victim of domestic violence, please contact Human Resources for assistance.
Workplace bullying is repeated mistreatment through verbal abuse, offensive conduct/behaviors and work interference. If you feel
that you are subjected to workplace bullying, please contact Human Resources.
COVID-19
In order to ensure the health and safety of all FPS employees and their families, we have established the following information and
guidelines:
Coronavirus (COVID-19) is a respiratory illness that can spread from person to person. For more information about this illness, please
refer to the CDC’s website at: https://www.cdc.gov/Coronavirus (COVID-19)/2019-ncov/about/index.html
According to the CDC, mild symptoms of Coronavirus (COVID-19) are:
Fever
Cough
Shortness of Breath
These symptoms may appear 2 to 14 days after exposure.
March 2020
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Emergency warning signs for COVID-19 that require IMMEDIATE MEDICAL attention can include:
Difficulty breathing or shortness of breath
Persistent Pain or pressure in the chest
New confusion or inability to arouse
Bluish lips or face
Simple measures like washing your hands often with soap and water can help stop viruses like the Coronavirus (COVID-19) from
spreading. There is no specific treatment for Coronavirus (COVID-19) at this time but treatments provided by medical staff aim to
relieve the symptoms until you recover. It is not known exactly how Coronavirus (COVID-19) spreads from person to person, but
similar viruses are spread through cough droplets.
If you think you have been exposed to Coronavirus (COVID-19) and develop a fever and symptoms such as a cough or difficulty
breathing, call your doctor or use Humana’s phone app to schedule a Telemedicine appointment for free. In addition, PLEASE STAY
HOME until it has been confirmed that your symptoms are not related to Coronavirus (COVID-19).
It is suggested to follow the directions of State and Local Authorities. The recommendation from the President’s Coronavirus (COVID-
19) Guidelines for America as of the date of this publication:
IF YOU FEEL SICK, stay home. Do not go to work and contact your medical provider.
IF YOUR CHILDREN ARE SICK, keep them at home and contact your medical provider.
IF SOMEONE IN YOUR HOUSEHOLD HAS TESTED POSITIVE FOR COVID-19, please keep your entire household at home and contact
your medical provider.
IF YOU ARE AN OLDER PERSON, stay home and away from other people.
IF YOU ARE A PERSON WITH A SERIOUS UNDERLYING HEALTH CONDITION that can put you at increased risk (for example, a
condition that impairs your lung or heart function or weakens your immune system), stay home and away from other people.
AVOID SOCIAL GATHERINGS of groups of more than 10 people if possible.
AVOID EATING OR DRINKING AT BARS, RESTAURANTS, AND FOOD COURTS, Use Drive-Thru, Pickup, or Delivery options when
available.
Up
to
date
information
can
be
found
on
the
White
House’s
website:
https://www.whitehouse.gov/wp-
content/uploads/2020/03/03.16.20_coronavirus-guidance_8.5x11_315PM.pdf
The below guidelines and policies are CDC recommendations that will help prevent the spread of Coronavirus (COVID-19):
Keeping the Home Safe
All households:
Clean hands at door and at regular intervals.
Create habits and reminders to avoid touching their face and cover coughs and sneezes.
Disinfect surfaces like doorknobs, tables, and handrails regularly.
Increase ventilation by opening windows or adjusting air conditioning.
Households with vulnerable seniors or those with significant underlying conditions include heart, lung, kidney, disease, diabetes, and
conditions that suppress the immune system:
Have the healthy people in the household conduct themselves as if they were a significant risk to the person with underlying
conditions. For example, wash hands frequently before interacting with the person such as by feeding or caring for the
person.
If possible, provide a separate or protective space for vulnerable household members.
Ensure all utensils and surfaces are cleaned regularly.
March 2020
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Households with sick family members:
Give sick members their own room if possible and keep the door closed.
Have only one family member provided proximity care for them.
Consider providing additional protections or more intense care for household members over 65 years of age or with
underlying conditions.
Keeping the Workplace Safe
Practice good hygiene:
Stop handshaking – use other noncontact methods of greeting.
Wash hands regularly and provide updates and best safe practices.
Disinfect surfaces, doorknobs, tables, desks, and handrails, regularly.
Increase room ventilation by opening windows or adjusting air conditioning.
Use caution if required to attend meetings or travel:
Use videoconferencing for meetings when possible.
When not possible, hold meetings with 10 attendees or less in open, well ventilated spaces.
Consider adjusting or postponing, large meetings, or gatherings.
Access the risk of business travel.
Handle food carefully:
Limit food sharing.
Ensure a clean safe water supply is available for consumption.
Strengthen health screening for cafeteria staff, food vendors, and their close contacts.
Ensure strict hygiene and hand washing practices for cafeteria staff, food vendors, and their close contacts.
Stay home if:
You are experiencing signs or symptoms of the Coronavirus (COVID-19).
Your family members are sick or have been diagnosed with the Coronavirus (COVID-19).
You are not feeling well.
CONCLUSION
The information given in this Employee & Safety Health Handbook is for the employees’ awareness of policies and procedures
and does not constitute the training required to perform hazardous tasks. Additional training will be provided before
assignment of such tasks.
Page 1 of 6
JUNE 2018
DRUG AND ALCOHOL POLICY
ARIZONA
I.
Purpose
FPS Civil, LLC (FPS) is committed to a safe, healthy, and productive work environment for all employees
free from the effects of substance abuse. Abuse of alcohol, drugs, or controlled substances impairs
employee judgment, resulting in increased safety risks, injuries, and faulty decision-making.
II. Scope
This policy applies to all employees, including supervisors, directors, and officers of FPS Civil, LLC. All
employees have been issued, upon initiation of this policy or upon hire (whichever is later), a copy of
the Company policy that describes what substances will be tested for, and under what conditions
employees will be tested.
III. Statement of Policy
To ensure a safe and productive work environment the Company prohibits the use, sale, dispensation,
manufacture, distribution, or possession of alcohol, drugs, controlled substances, medical marijuana, or
drug paraphernalia on any company premises or work sites. This prohibition includes company owned
vehicles, or personal vehicles being used for company business or parked on company property.
Additionally, FPS may take disciplinary action, including discharge, for the illegal (under federal or state
law) off-duty use, sale, dispensation, manufacture, distribution, or possession of drugs and controlled
substances, and the illegal use or distribution of alcohol. Alcoholic beverages served in conjunction
with an authorized company event are an exception to this prohibition.
No employee shall report to work or be at work with alcohol or with any detectable amount of
prohibited drugs in the employee’s system. A detectable amount refers to the standards generally used
in workplace drug and alcohol testing.
An Arizona medical marijuana registered cardholder may not possess or ingest medical marijuana while
at work or work while impaired by medical marijuana. Additionally, if FPS would lose a monetary or
licensing benefit under federal law or regulation, FPS will refuse to hire or keep employed an Arizona
medical marijuana registered cardholder.
When an employee must take prescription or over-the-counter drugs, the employee must ask the
medical professional or pharmacist if the drug has any side effects which may impair the employee’s
ability to safely or productively perform the employee’s job duties. If there is potential impairment of
the employee’s ability to work safely or productively, the employee must report this information to the
supervisor. With input from the employee, FPS will determine if the employee should work in his or her
regular job, be temporarily assigned to another job, or placed off-work.
Furthermore, if FPS has designated a position as safety-sensitive and the Company has a good faith
belief that the employee is using any drug, whether legal, decriminalized, or prescribed by a physician,
Page 2 of 6
JUNE 2018
that could cause an impairment while working, or otherwise impact the employee’s job performance or
ability to perform job duties, then the Company may take appropriate action to exclude the employee
from the safety-sensitive position. For instance, the Company may assign the employee to another job
or place the employee off work.
Any violation of this policy will result in disciplinary action up to and including termination.
IV. Employee and Applicant Drug and Alcohol Testing
To promote a safe and productive workplace, FPS will conduct the following types of Drug and Alcohol
test for all employees:
A. Pre-Employment
B. Reasonable Suspicion
C. Random
D. Post-accident
E. Return-to-Duty/Follow-up Testing
V. Categories of Employee Substance Testing
A. Pre-Employment Testing:
1. All persons seeking employment with FPS shall undergo post-offer, pre-employment drug
testing. Applicants will be informed that, as a condition of employment, they must pass a drug
screening test.
2. Applicants who test non-negative will be notified that they have not met the standards for
employment and will be informed they can have the confirmed non-negative test re-tested by a
government certified lab selected by the applicant.
B. Reasonable Suspicion Testing:
An employee will be asked to submit to drug and alcohol testing when the employer reasonably
suspects the employee is impaired or has used illegal drugs.
1. Reasonable suspicion testing may result from one of the following examples, and is not limited
to the following:
a. Specific, personal, and articulable observations concerning the employee’s speech,
walking, standing, physical dexterity, agility, coordination, actions, movement,
demeanor, appearance, clothing, odor, or irrational or unusual behavior.
b. The employee’s negligence or carelessness in operating equipment, machinery, or
during production or manufacturing processes. Disregard for the safety of the
employee or others. Involvement in an accident that results in serious damage to
equipment, machinery or property. Disruption of a production or manufacturing
process, or any injury to the employee or others.
Page 3 of 6
JUNE 2018
c. Violation of a safety rule or other unsafe work incidents which, after further
investigation of the employee’s behavior, leads the supervisor/manager to believe that
the employee’s functioning is impaired.
d. Other physical, circumstantial, or contemporaneous indicators of impairment.
2. When
a
supervisor/manager
has
reasonable
suspicion
to
request
testing,
the
supervisor/manager will arrange to transport the employee to the collection site and will
arrange for the employee’s transport home. The employee will receive an “observed” drug test.
3. FPS will place the employee on an unpaid leave pending the receipt of drug testing.
C. Random Testing:
Except on work sites prohibited by state or local statute or ordinances, certain job sites as required
by our customers, may require all employees be subject to drug and alcohol testing at any time on
a random basis as a term and condition of continuing employment. All employees will have an
equal chance of being selected each time a random selection is made. Random selection is
administered by a third party.
D. Post-accident Testing:
An employee must submit to a drug and alcohol test after an on-the-job accident, including
workplace injuries.
1. An accident for purposes of this policy is defined as an incident or occurrence in which:
a.
a person dies or requires medical treatment.
b. property damage is estimated at greater than $1000 (amount may vary at certain job
sites as required by our customers);
c.
the accident involves use of a company vehicle.
d.
the accident involves an employee in a personal vehicle accident while on the job.
2. An employee who is involved in an accident must immediately report the accident to his or her
supervisor/manager.
3. When a supervisor/manager observes or is notified of an accident as defined in section 1
above,
the
supervisor/manager will
initiate drug
and
alcohol
testing
and
the
supervisor/manager will require the employee submit to a saliva, urine, and/or breath test. The
supervisor/manager will arrange to transport the employee to the collection site and will
arrange for the employee’s transport home.
4. FPS will place the employee on an unpaid leave pending the receipt of drug testing.
E. Return to Duty/Follow-up Testing:
A non-negative test result is a violation of this policy and may result in termination of employment.
Upon successful completion of a formal drug/alcohol rehabilitation program following company
Page 4 of 6
JUNE 2018
guidelines, employee may be eligible for rehire. If the Company elects to allow an employee to
return to work following a non-negative test result, the employee must first pass a drug and alcohol
test, provide certificate of completion of formal drug/alcohol rehabilitation program and
subsequently submit to a program of unannounced testing for a period not to exceed twelve (12)
months from the date of return to duty.
VI. The kinds of substances tested for will include the following substances or their metabolites:
Marijuana
Cocaine
Opiates
Phencyclidine (PCP)
Amphetamines
Barbiturates
Benzodiazepines
Methadone
Methaqualone
Propoxyphene
Ecstasy
Alcohol
VI. Inspection and Searches
The Company may conduct unannounced inspection for violations of this policy in the workplace, work
sites, or company premises. Employees are expected to cooperate during any inspection.
VII. Voluntary Treatment
The Company supports sound treatment efforts. Whenever practical, the Company will assist
employees in overcoming drug and/or alcohol problems as long as this policy has not already been
violated.
If an employee seeks treatment for drug or alcohol use, the employee may be eligible to go into a drug
and/or alcohol treatment program either through FPS medical insurance program or at his or her own
expense.
If the employee elects to enter an appropriate treatment program, FPS may place the employee on
unpaid status, but will be required to use any accrued Paid Time Off (PTO) time while participating in
the evaluation and treatment program, so long as the employee is complying with the conditions of
treatment. FPS can require verification from the health care provider for a release to work and/or
verification of treatment as covered in the Company’s medical leave policies. For more information
regarding availability of treatment resources and possible insurance coverage for treatment services
contact the Human Resources Department.
IX. Safeguards/Confidentiality
The drug screen analysis is accomplished at the work site through the use of a swab quick test. If that
results in a non-negative test result, then the employee is sent to a government-certified outside
laboratory which conducts a drug screen through urinalysis testing. Alcohol testing is accomplished at
the work site through the use of disposal Breathalyzer. If that results in a non-negative test result, then
Page 5 of 6
JUNE 2018
the employee is sent to a government-certified outside laboratory which conducts alcohol screening
through breath testing or blood testing. Samples will be collected in a sanitary environment designed to
maximize employee’s privacy while minimizing the possibility of sample tampering. If there is a non-
negative drug and/or alcohol result on the initial screening test, the laboratory or blood alcohol
technician will automatically do a second test to confirm the results. The second drug test will be
performed using gas chromatography/mass spectrometry or another scientifically accepted method. A
non-negative breath alcohol test will be confirmed by a second breath test. In the event the drug and
alcohol test result is dilute, the applicant or employee will be required to re-test if the test result is a
negative dilute.
All offsite drug tests are performed by a government-certified outside laboratory. All government-
certified outside laboratories strictly follow chain of custody guidelines to ensure the integrity of the
testing process. The Company shall use a Medical Review Officer (MRO) who will receive the laboratory
results of the testing procedure. The MRO shall be a licensed physician and have knowledge of
substance abuse disorders and the appropriate medical training to evaluate non-negative results,
medical histories, and any other relevant biomedical information. The MRO shall review all medical
records made available by the tested individual when a confirmed non-negative test could have
resulted from legally prescribed medication.
If the results of the initial test are negative, the testing laboratory will report the results to the MRO
retained by the Company. The MRO or the testing laboratory reports the negative results to the
Company. In this instance, no additional tests on the specimen will be done.
If the results of the initial test are non-negative, that is, if the results exceed the permitted levels for
any of the drugs tested or for alcohol, a second confirmatory test shall be performed. Only specimens
that are confirmed non-negative on the second (confirmatory) test are reported non-negative to the
MRO for review and analysis. The MRO will contact the employee personally, in the case of a non-
negative test result. The MRO has the responsibility of reporting to FPS whether the test results are
non-negative or negative.
An applicant or employee who does not pass a drug test may request that the original sample be
analyzed again at the individual’s expense by a government certified laboratory. All requests for an
independent analysis must be made in writing within 72 hours of notification of a confirmed non-
negative test result.
Each applicant or employee will have an opportunity to discuss the test results with an MRO in a
confidential setting. Additionally, each applicant or employee will have an opportunity to discuss the
test results with a representative of the employer in a confidential setting. FPS will keep the test results
confidential and will share the results only within the Company on a business need to know basis, in
administrative law proceedings, and when required by law. Each applicant or employee upon his or her
written request may be provided with a written copy of the non-negative test result. Upon written
request within seven days of taking the test, an employee may access records relating to his drug
and/or alcohol test.
X.
Disciplinary Action
A. Testing Non-negative:
Employees who test non-negative for drugs and/or alcohol are in violation of this policy.
Page 6 of 6
JUNE 2018
B. Refusal to Comply:
Employees who refuse required testing are in violation of this policy.
C. Interference with Testing:
Employees who adulterate, tamper with, or otherwise interfere with accurate testing are in
violation of this policy.
D. Possession and Use:
Any employee who has been observed using or possessing illegal drugs, medical marijuana, or
alcohol during work time, including lunch breaks, or on FPS premises is in violation of this policy.
XI. At-Will Employment
Nothing in this policy is to be construed to prohibit FPS from maintaining a safe and secure work
environment or to limit its right to impose disciplinary actions as it may deem appropriate for reasons
of misconduct or poor performance, regardless of whether the misconduct or poor performance arises
out of the use of alcohol and/or drugs. Such disciplinary actions may include termination of
employment. Employment is at-will and subject to termination by FPS, or the employee at any time,
with or without notice and with or without cause.
END POLICY STATEMENT
Addendum No 1 To Job Order Contractor for the Flood Control District of Maricopa County - 240008-JOC
Page 1 of 3
Office of Procurement Services – Article 5
301 W. Jefferson Street, 7th Floor
Phoenix, Arizona 85003
ADDENDUM NO. 1
TO Job Order Contractor for the Flood Control District of Maricopa County
SERIAL # 240008-JOC
PROJECT OWNERS PROJECT/CONTRACT # 240008-JOC
Addendum Date: December 21, 2023
County Project Owner: FCD
Job Order Contractor for the Flood Control District of Maricopa County, 240008-JOC is
herein modified. The provisions of said documents applicable to these modifications
remain unchanged unless specifically indicated otherwise.
This Addendum No. 1 forms a part of the solicitation/contract documents and modifies
the clauses/provisions as follows:
1. To All Interested Respondents:
The following paragraph under Content of Submittal, Article 4 Project
Management Plan appears twice. This addendum modifies by removing the
duplicated language from the referenced article (Pg20/21):
4. Project Management Plan
Provide information on how the firm would propose to apply the firm’s and the proposed project team
experience and qualifications for this project.
a) Describe the procedures the firm, as JOC, proposes to use to select subcontractors under the firm
Subcontractor Selection Plan.
b) Describe the schedule management and control process the firm proposes to apply to this
Project. Among other items, specifically address submittals, sub-contractor management, and
critical path aspects of project and material availability.
In addition, each Proposer may address the following Owner Project Management Plan high-
priority areas:
•
Current local construction market material supply/cost forecasting ability.
Addendum No 1 To Job Order Contractor for the Flood Control District of Maricopa County - 240008-JOC
Page 2 of 3
Provide information on how the firm would propose to apply the firm’s and the proposed project team
experience and qualifications for this project.
a) Describe the procedures the firm, as JOC, proposes to use to select subcontractors under the firm
Subcontractor Selection Plan.
b) Describe the schedule management and control process the firm proposes to apply to this
Project. Among other items, specifically address submittals, sub-contractor management, and
critical path aspects of project and material availability.
In addition, each Proposer may address the following Owner Project Management Plan high-
priority areas:
•
Current local construction market material supply/cost forecasting ability.
ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
Project Owner Approval:
Registrant Approval and Seal:
By:
Firm Name: N/A
Signature:
By:
Title:
Signature:
Date:
Title:
Date:
Sharon Rogers
Contracts Officer
12/21/2023
Sharon Rogers
Addendum No 240008-JOC To Job Order Contractor for the Flood Control District of Maricopa County -
240008-JOC
Page 1 of 2
Office of Procurement Services – Article 5
301 W. Jefferson Street, 7th Floor
Phoenix, Arizona 85003
ADDENDUM NO. 240008-JOC
TO Job Order Contractor for the Flood Control District of Maricopa County
SERIAL # 240008-JOC
PROJECT OWNERS PROJECT/CONTRACT # 240008-JOC
Addendum Date: January 5, 2024
County Project Owner: FCD
Job Order Contractor for the Flood Control District of Maricopa County, 240008-JOC is
herein modified. The provisions of said documents applicable to these modifications
remain unchanged unless specifically indicated otherwise.
This Addendum No. 240008-JOC forms a part of the solicitation/contract documents
and modifies the clauses/provisions as follows:
1. To All Interested Respondents:
Under “Content of Submittal”, Article 8 Safety, the submitting firm’s OSHA 300A
Summary Log information, firm’s Safety and Health Plan, and firm’s Drug-Free
Workplace programs will be identified as an attachment and included in firm’s
proposal submittal package and will not be included in the proposal page limit.
8. Safety
a) Provide Safety Information
•
Safety Record - Contractors must provide Occupational Safety and Health Administration (OSHA)
300A Summary log information for the past two calendar years. This information can be compared
to Bureau of Labor Statistics (BLS) rates to determine whether a contractor has below average or
above average accident/injury rates. Bureau of Labor Statistics information may be obtained
through Risk Management.
Safety and Health Plan - Contractors shall provide a copy of their company’s safety and health
plan.
Drug-Free Workplace - Contractors’ submittal shall include information related to established Drug-
Free Workplace programs.
Addendum No 3 To Job Order Contractor for the Flood Control District of Maricopa County - 240008-JOC
Page 1 of 2
Office of Procurement Services – Article 5
301 W. Jefferson Street, 7th Floor
Phoenix, Arizona 85003
ADDENDUM NO. 3
TO Job Order Contractor for the Flood Control District of Maricopa County
SERIAL # 240008-JOC
PROJECT OWNERS PROJECT/CONTRACT # 240008-JOC
Addendum Date: January 10, 2024
County Project Owner: FCD
Job Order Contractor for the Flood Control District of Maricopa County, 240008-JOC is
herein modified. The provisions of said documents applicable to these modifications
remain unchanged unless specifically indicated otherwise.
This Addendum No. 3 forms a part of the solicitation/contract documents and modifies
the clauses/provisions as follows:
1. To all interested Respondents:
For clarification purposes, the amount of the Surety Bond to be included in
Respondents submittal shall be $200,000.00. Which is 10% of the estimated budget
for construction for the 1st year which is $2,000,000.00 regardless of the amount of
scopes of work a Respondent is submitting for.
ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
Project Owner Approval:
Registrant Approval and Seal:
By:
Firm Name: N/A
Signature:
By:
Title:
Signature:
Date:
Title:
Date:
Sharon Rogers
Contracts Officer
1/10/2024
Sharon Rogers
Addendum No 4 To Job Order Contractor for the Flood Control District of Maricopa County - 240008-JOC
Page 1 of 2
Office of Procurement Services – Article 5
301 W. Jefferson Street, 7th Floor
Phoenix, Arizona 85003
ADDENDUM NO. 4
TO Job Order Contractor for the Flood Control District of Maricopa County
SERIAL # 240008-JOC
PROJECT OWNERS PROJECT/CONTRACT # 240008-JOC
Addendum Date: January 12, 2024
County Project Owner: FCD
Job Order Contractor for the Flood Control District of Maricopa County, 240008-JOC is
herein modified. The provisions of said documents applicable to these modifications
remain unchanged unless specifically indicated otherwise.
This Addendum No. 4 forms a part of the solicitation/contract documents and modifies
the clauses/provisions as follows:
1. To all interested Respondents:
The Proposal Due Date has been changed to January 25th, 2024. Time and
method of submittal has not changed. The Q/A portal closing date will not be
extended from what is in Periscope S2G.
ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
Project Owner Approval:
Registrant Approval and Seal:
By:
Firm Name: N/A
Signature:
By:
Title:
Signature:
Date:
Title:
Date:
Addendum No 4 To Job Order Contractor for the Flood Control District of Maricopa County - 240008-JOC
Page 2 of 2
Included with your offer, your firm/company is required to acknowledge this addendum,
and every addendum, relating to this solicitation by completing the following information:
Addendum No. 4 Acknowledgement:
__________________________________
Firm Name
__________________________________
Signature
__________________________________
Title
__________________________________
Signatory Printed Name
__________________________________
Date
FPS Civil, LLC
President
Warren France
01/13/2024